Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11-09-1992 Council Packet
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9. 1992 ROLL The Council met on the above date with the following members present: Mayor Peterson, CouncIImambers J. Diann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning AdminIstrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Candace Rowlette, Stephen Peterson and Dick Flint were also present. Mayor Peterson called the meeting to order at 7:00 P.M. She congratulated Mayor-elect Edward Callahan and CounciImembers-elect Charlie Kelley and JoEllen Hurr. (•1) CONSENT AGENDA Goetten removed Item S25. Butler added Items »15, 16, 17, 20, 21 and 24. It was moved by Jabbour, seconded by Butler, to approve the Consent Agenda as amended. Ayes S, nays 0. Motions for all I terns adopted by consent agenda will be Included In the minutes in their respective numerical order. (#2) APPROVAL OF MINUTES It was moved by Jabbou*, seconded by Butler, to approve the minutes of the regular meeting of the Council held on October 26, 1992 and the minutes of the Canvassing Board held on November 4, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS Flint stated It may be difficult to obtain $310,000 from the County as was suggested at the budget work session. Moorse said he has supplied Flint with the facility budget with respect to the proceeds from the sale of City owned land and the current Park Dedication Fund balance. Jabbour stated the Council wants Flint to work with the t'*y to get them to agree to a dollar amount close to the and noted the Council will determine how to fund the balance. He suggested FIInt discuss expenditures of Dedication Fund with the Park Commission as It appears very protective towards that fund. County to $310,000, remaining the Park they feel 1 i J 1 r -' t- I i- s'. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 PARK COMMISSION COMMENTS - CONT. Flint noted other cities have four different ways to fund park projects: park dedication funds, general funds, bonds, and user fees. Goetten noted that the MSA funds have been earmarked for other projects and she stated it is difficult to allocate 1 1/2 years worth of those funds for the bike/hike trail project. Callahan clarified that the project will require some expenditure of park dedication funds for the acquisition of land for the trail. Flint noted the Commission Is aware that land acquisition will be paid for from the Park Dedication Fund. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT («4) *1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE • AFTER-THE-FACT VARIANCE - RESOLUTION #3194 Richard Indritz was present to represent the applicant. Mabusth explained this application involves the installation of structures within the 0-75* setback zone without ;.s'mits. The applicant has agreed to remove the gazebo, deck sections, c08 s.f. of screen house with decking, and landscape areas urider an with plastic, within both the 0-75’ and 75-t50* zones. ® annlng Commission recommended a June 1, 1993 deadline for removals. Jabbour asked if the City has aerials that would show what was on the property at a certain period of time. Qaffron noted the only aerials the City has were taken in 1970, 1989 and the spring of 1992. It was moved by Jabbour, seconded by Butler, to adopt Resolution #3194 for Application #1737 for Richard Hollander, 680 North Arm Orivj, for after-the-fact variance approval. Ayes 5, nays 0. ck II ; MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 (•5) »1764 AUSTIN EVANS, 255 LANDMARK DRIVE • PRELIMINARY SUBDIVISION It was moved by Callahan, seconded by Mayor Peterson, to table Application 41764 for Austin Evans of 255 Landmark Drive until the applicant or a representative is present for the meeting. Ayes 5, nays 0. («e) *1767 GEORGE 6 THERESA BLOOM, 1374 REST POINT ROAD > VARIANCE Callahan asked why the application was presented to the Planning Commission in an incomplete form. Mabusth explained after staff review, Mr. Bloom provided the City with partial elevations and written comments. The Planning Commission denied the application in order to move the application on to the Council for review at the applicant's request. The Public Hearing was scheduled and published prior to the staff review, during which time it was realized additional information would be needed. Callahan felt it was an upsetting situation for the applicants. Mabusth stated after the Planning Commission meeting, the Blooms understood completely what they needed to supply the City and immediately forwarded the information. i?hs added the Planning Commission realized this request has less impact than a previous request by the applicants. It was moved by Callahan, seconded by Qoetten, to table Application *1767 for George and Theresa Bloom of 1374 Rest Point Road until the applicants or their representative can be present for the meeting. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 (#7) #1768 DR. WILLIAM R. & RHONDA T. OMLIE, 1860 SHADYWOOO ROAD - VARIANCE - RESOLUTION #3195 Or. Omiie was present. Mabusth explained the Planning Commission tabled the portion of the application dealing with a request for edditional hardcover. The portion of the application deals with the side setback was recommended to be approved by the Planring Commission to a I low the applicants to complete final roof designs for the roof structure. She noted approval of this portion of the project requires hardcover to remain the same on the property. It was moved by Goetten, seconded by Butler, to adopt Resolution #3195 for Application #1768 Or. Will lam and Rhonda Omiie, 1860 Shadywood Road, for a side setback variance for the addition to the existing residence, subject to the condition that hardcover remain at 25.1%. Ayes 5, nays 0. (#8) #1770 WILLIAM & LAURIE CORNELIUS, 960 TONKAWA ROAD - VARIANCE - RESOLUTION #3196 Laurie Cornelius was present. Mabusth explained the applicants request an average lakeshore setback for a new residence and a grade-level pool. To meet the average lakeshore setback, the residence would have to be located approximately 207* from the shoreline. She stated the new residence would have minimal impact to surrounding residences and noted the existing residence is located in front of the proposed location. Butler asked that Finding A specifically define lineal shoreline of the property. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3196 for Application #1770 for William and Laurie Cornelius, 960 Tonkawa Road, for an average lakeshore setback variance to construct a new residence and grade level pool, as amended. Ayes 5, nays 0. (#9) #1771 JAMES A SARAH JANE MARKOE, 340/350 NORTH ARM LANE - PRELIMINARY SUBDIVISION - RESOLUTION #3197 Mr. Steadman and Mr, Peterson were present appI I cants. to represent the MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ZONING FILE #1771 - CONT. Mabusth explained the original 1976 subdivision granted lot width variances for the properties. A drainage maintenance application permit was issued to a series of landowners In the area who received benefits from the project. The spoils from that dredging were placed on this property, and the City had warned at that time that It may impact future development of the property and septic sites. The owners are currently having a problem locating a septic system for a four bedroom home on the northern lot. The lot line rearrangement would provide both lots with primary and alternate septic sites. Mabusth noted with a previous subdivision of property to the south the City required a 17’ right-of-way easement, which the Markoe property cannot satisfy without encroaching the septic sites. The Council requested an 8 1/2’ right-of-way easement with a previously approved lot line rearrangement for this property, but the process was never completed. She recommended the Council consider these properties as having riparian access per the new shoreline regulations, which would mean the properties conform to the lot width requirements at the shoreline. Jabbour noted there is room on the northern lot for a septic system for a two bedroom homw, He felt the Community has very diverse housing and he felt thi.'? is needed. Callahan felt only being able to build a two bedroom house on a property is not a hardship. Goetten questioned the need for a 50’ right-of-way. Don Peterson explained in 1990 his company owned the southern lot and at that time they knew the septic system was feasible. Mrs. Axel owned the northern lot and at that time it was realized that the property would only support a two bedroom home because of the septic requirements. The Markoes then purchased both properties with the intent to build one house on both lots, but were transferred out of State recently. He noted the requirement of a 17’ right-of-way easement would encroach two septic systems on the western lot line. He felt the entire parcel would require someone to build a $800,000'*' house, which the neighborhood does not support. Callahan asked if the Markoes had planned to build that type of house. Don Peterson said he had not seen their plans, but felt the Markoes would not get their money out of the property if it sold as one parceI. r :v': i- r . 5- % i ^ * r- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9. 1992 ZONING FILE #1771 - CONT. Mayor Peterson questioned the 50* right-of-way. Mabusth explained that width is consistent with standards for public roads. She referred to the City's transportation plan which provides for a northward connection with Bayside Road and North Shore Drive West. She noted the Planning Commission denied the application as they felt this was gerrymandering the lot lines and they wanted the full 17’ of right-of-way. Goetten stated her main concern was whether the lot was riparian. She noted she voted In favor of this request the last time and would do so this time. Butler asked if the additional right-wf-way could be taken from both sides to be fair to all. Do'^ Peterson noted a single residence could built on property without any dedication of right-of-way. the It was moved by Butler, seconded by Goetten, to adopt Resolution #3197 for Application #1771 for James and Sarah Jane Markoe, 340/350 North Arm Lane, for preliminary subdivision approval. Ayes 3, nays 2. Callahan and Jabbour voted nay. (#10) #1773 ROBERT KOEHNEN. 537 HANLON AVENUE - VARIANCE It was moved by Butler, seconded by Callahan, to table Application #1773 Robert Koehnen, 537 Hanlon Avenue, until the applicant could he present or represented at the meeting. Ayes 5, nays 0. (#M) MARINA LICENSE COMPLIANCE UPDATE Jabbour abstained from discussion regarding this Issue. Gaffron explained in late August the Council conceptually denied licenses for Gayles Marina, Lakeside and North Shore Marina. He stated both North Shore and Lakeside have resolved some of the issues. North Shore has completed a portion of the required plantings and have attempted to clean up the property. There Is still an issue of the baffle weir. Lakeside Marina cleaned up the east side of the property. Mr. Dunn felt the City is responsible for replanting some trees lost with the sewer project. 6 •5 '4 ■h MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 MARINA LICENSE UPDATE - CONT. Jabbour asked if that is the City’s project or Metropoiitan Waste Control Commission’s. Mabusth indicated a portion of the project was the City’s responsibility. Butler felt it is always best to try to work with the owners, but when there is a situation where they won’t even respond, the City should initiate the denial resolution. Qootten stated that North Shore and Lakeside Marinas have tried to make an effort to comply with the City. She felt they should try to continue to work together. Cal Iahan noted Mr. Dunn felt the plantings were the responsibility of the City and Dunn also felt the curbing done was inadequate. Gerhardson indicated that a portion of the plantings are the responsibility of the City. Gaffron noted it is not just a question of replacing trees that were removed, but also plantings that were never put into place as required by the City in 1981 with a previous application. He felt the City should continue to try to work with North Shore and Lakeside Marinas. Mayor Peterson directed staff to draft a denial resolution for Gayles Marina. («12) STYROFOAM ORDINANCE - TERMINOLOGY AMENDMENT ORDINANCE #110, SECOND SERIES Callahan agreed that the word "styrofoam” should be removed if people are trying to maintain a brand name, but noted he thought that was a general term. He asked if the substitute wording would cover ail other similar products. Gaffron noted the language incorporated is only intended to cover polystyrene. Jabbour noted other agencies have adopted very generic language to cover potential products introduced. He added the Wisconsin ONR has asked for immediate removal of styrofoam products. It was moved by Callahan, seconded by Butler, to adopt Ordinance #110, Second Series, and 'o direct staff to write a proper letter containing proper language. Ayes 5, nays 0. V r i. f : •'/ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 («13) SHORELAND FLEXIBILITY RESPONSES Callahan felt the draft letter suggests a condescending attitude. He suggested a letter to the DNR suggesting the City positively favored what they were doing. He suggested sending a letter to each city stating Orono ooes not have any objections to what they are doing and also send the letter to the DNR. Qaffron stated he would redraft the letter and have Callahan review prior to sending. (*♦14) SHORELAND GRANT AGREEMENT - EXPENSE DOCUMENTATION It was moved by Jabbour, seconded by Butler, to accept the information regarding the Shoreland Grant Agreement. Ayes 5, nays 0. MAYOR/COUNCIL REPORT A) Callahan referred to the minutes of the Long Lake Fire Department’s October meeting, which indicates expenditure of the major equipment fund. B) Callahan noted the election notice for the Metropolitan Council agency. He asked if the City’s representative Is being replaced, and if so, should the Council suggest a candidate. ENGINEER’S REPORT (*♦15) FINAL PAY REQUEST - LIFT STATION #9 RENOVATION PROJECT It was moved by Jabbour, seconded by Butler, to authorize the Pay Request for Lift Station S9 renovation to New Mech Comp. In the amount of $44,027.50. Ayes 5, nays 0. CITY ADMINISTRATOR’S REPORT (*♦16) DONALD GRONBERG - STUBBS BAY SEWER IMPROVEMENT ASSESSMENT APPEAL SETTLEMENT - RESOLUTION #3198 It was moved by Jabbour, seconded by Butler, to adopt Resolution ♦3198 amending the Stubbs Bay sanitary sewer assessment roll - reduction of orincipal amount of assessment for Donald Gronberg property located on Leaf Street. Ayes 5, nays 0. 8 * r- r-. L MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 («»17) BALGAARD SEWER ASSESSMENT - RESOLUTION #3199 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3199 amending the Stubbs Bay sanitary sewer assessment roll - reduction of principal amount of assessment for property located at 3560 Bayside Road. Ayes 5, nays 0. (#18) POST OFFICE FOR THE NEW CITY FACILITIES Goetten asked why Orono does not have its own zip code. It was moved by Callahan, seconded by Mayor Peterson, to continue to use the Crystal Bay post office and address when the City facilities move to its new location. Butler felt convenience should be the deciding factor In determining location. Goetten stated when it was decided to build the new facilities, the Council made a commitment to the Crystal Bay Post Office. It was felt the Crystal Bay Post Office may not survive without the City’s business. Jabbour stated City employees will be driving by the Crystal Bay area each day and it should not create that much inconvenience. Vote: Ayes 4, nays 1. Butler voted nay. (*•20) TURN BACK COUNTY ROAD 42 (OLD WAYZATA BOULEVARD) RESOLUTION •3200 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3200 accepting Jurisdiction of 0.08 miles (400+ feet) of Wayzata Boulevard. Ayes 5, nays 0. (*•21) CITY FACILITY CHANGE ORDERS It was moved by Jabbour, seconded by Butler, to approve the change orders for Jansco Caulking, Mol in Concrete, Ted Mannstedt and Son, National Automatic Sprinkler, Qephart Electric and Gresser Concrete. Ayes 6, nays 0. (#22) CITY HALL A PUBLIC WORKS BUILDINGS APPLICATION A CERTIFICATE OF PAYMENT #9 Butler asked if Callahan has received the requested information regarding the total cost for the City facilities and the outstanding amounts. Moorse stated that information was furnished to Callahan. ■liefl *< vj *v. A' C;., MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 PAYMENT # 9 - CONT. Jabbour asked that all information regarding this issue be submitted to Charlie Kelley and JoEllen Hurr. He suggested Informing the contractor that ley will be paying for the walI they erected for the kennei/garbage area without Council approval. He said that is a condition of this payment. He added, the contractor had promised to have all information submitted on a spread sheet with line items and status of each. It was moved by Butler, seconded by Jabbour, to authorize Payment #9 for City Hall and Public Works Building in the amount of $438,973.02 as presented in the memo dated November 5, 1992. Ayes 5i nays 0. («23) FUEL STORAGE SYSTEM FOR NEW CITY FACILITIES Moorse referred to a document listing alternatives suggested by the fuel system vendor. He stated they are reviewing the aiternatiVw of a smaller above-ground tank which would ensure the capac > on site when needed. He said the size of these tanks would n; allow for the volume discount as with a larger tank. Jabbour stated with that volume discount the City would not be saving money. Goetten asked how the Council can be sure this is what is needed and all costs are included. Moorse stated he would continue to discuss with the vendor the opt ions aval I able. Jabbour asked what costs the City will incur for cancelling the under-ground tanks. Moorse stated that cost is not yet known, but felt it may not be a substantial amount. Jabbour understood the City may be in a position not to incur restocking charge, which may reduce that canceling cost even more. Goetten asked what insurance is needed with Alternative #3. Moorse stated it would be standard property insurance. Butler asked the amount of gas the City currently uses annually. r f'-; ‘V! K''-. • r r K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 FUEL STORAGE - CONT. Moorse stated the minimum tank size recommended is 4,000 gallons as the City uses approximately 40,000 gallons of gas per year and 2,000 gallons of diesel per year. He added, the Public Morks Department is using more diesel for their equipment. Butler questioned the aesthetics of the above tanks fitting in with the facilities setting. Moorse stated they would need to consider location options, but added the tanks would be partially screened. Goetten stated she is in favor of above-ground tanks, but added she would like to see additional information. Jabbour suggested directing staff to investigate the option? further and report back to the Council. (*•24) CURT QUADY’S REQUEST REGARDING TREE REMOVAL It was moved by Jabbour, seconded by Butler, to accept the Information regarding this issue. Ayes 5, nays 0. (425) LICENSES Goetten objected to the issuance of this trapping permit. Butier thought the Council had banned leg hold trapping and asked If there were not other methods to rid the area of the beavers. Moorse clarified the permit was for a non-leghold trapping method. It was moved by Butler, seconded by Mayor Peterson, to approve the Limited Trappln«j Permit for Michael A. Bosanko of 2090 Shoreline Drive. Ayes 4, nays 1. Goetten voted nay. («»26) BILLS It was moved by Jabbour, seconded by Butler, to approve payment of the All Funds Account. Ayes 5, nays 0. ... MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 AGENDA FOR COONCIL HEBTING SET FOR MONDAY, NOVEMBER 9, 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 oby^ined upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES * 2. Regular Meeting of October 26, 1992 * 3. Canvassing Board Meeting of November 4, 1992 /% X 9 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Candace Rowlette Representative PUBLIC COMMENTS - (Liait 5 Minutea Pec Person) BONING ADMINISTRATOR'S REPORT **APPLICANTS** laaediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. #1737 Richard Hollander, 680 North Arm Drive • After the Fact Variance - Resolution #1764 Austin Evans, 255 Landmark Drive - Preliminary Subdivision - Resolution #1767 George and Theresa Bloom, 1374 Rest Point Road - Variance • Resolution #1768 Dr. William R. and Rhonda T. 0ml ie, 1860 Shadywood Road - Variance •> Resolution #1770 William and Laurie Cornelius, 960 Tonkawa Road - Variance - Resolution #1771 James and Sarah Jane Markoe, 340/350 North Arir Lane - Preliminary Subdivision - Resolution #1773 Robert Koehnen, 537 Hanlon Avenue - Variance - Resolution Marina License Compliance update - North Shore Drive Marina - Lakeside Marina Styrofoam Ordinance - Terminology Amendment Shoreland Flexibility Responses Shoreland Grant Agreement > Expense Documentation MATOR/COUNCIL REPORT ENGINEER REPORT 15. Final Pay Request - Lift Station #9 Renovation Project IAGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 9, 1992, 7:00 P.M. CITY ADMINISTRATOR'S REPORT 16. Donald Gronberg - Stubbs Bay Sewer Inprovement Assessment Appeal Settlement - Resolution Balgaard Sewer Assessment - Resolution Post Office for the New City Facilities 17. 18. 19. 20. 21. 22. 23. 24. Turn Back County Road 42 <01d Way^^ata Boulevard) •> Resolution City Facility Change Orders City H811 and Public Works Buildings Application and Certificate of Payment No. 9 Fuel Storage System for New City Facilities Curt Quady Request Regarding Tree Removal CITY ATTORNEY'S REPOST LICENSES (25*) BILLS (26*) ADJOOSNNENT INFORMATION ITEMS INCLUDED IN COUNCIL PACKET OTCOMIBG ISSUES AMD BVENTS 1I/06 - Work Session Preliminary *93 Budget 3 p.m. 11/09 » Council Meeting 7 p.m. 11/11 - Holiday - Veterans Day 11/13 - Lake Use Committee Meeting 7:45 a.m. 11/16 - Planning Commiselon 11/23 - Council Meeting 7 p.m. 11/26 - Holiday - Thanksgiving Day - Holiday > Truth in Taxation Meeting 7 p.m. > Park CoRonission 7 p.m. - Reconvened Truth in Taxation Meeting 7 p.m. - Council Meeting 7 p.m. • Holiday • Holiday - Christmas 11/27 12/01 12/07 12/09 12/14 1. 24 12/25 (If Needed) m . -.*J 1:^ ^ ,v b:: I f9sm 4 c e i n• _ ■ • • • M ^ «•«••» ^ ^ «0 « W • •Council PUBLIC ATTENDANCE CITY OF OHONO MEETING DATE n(QhsL, PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) iJKxW ^woA 2.(ZJLjZI^i: 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. l€. 17. 18. 19. • 20. ■f 4 1 =: II % c:^ '♦«9 HXNUTES OF THE REGULAR ORONO COUNCIL HEETINOf^^ HELD OCTOBER 26, 1992 'No ROLL Th« Council met on the above date with the following members present: Mayor Peterson, Counci Imembers J. Oiann Goetten and Gabriel Jabbour. Edward Callahan and Mary Butler were absent. The following represented the City staff: City Administrator Ron Moorse, PubI Ic Works 01 rector John Gerhardson, Zoning Administrator Jeanne Mabueth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. (#1) PRESENTATION BY SENIOR SERVICE REPRESENTATIVES JoAnn Kvern, Senior Community Services, introduced Dotty 0*B'*ien of the Westonka Senior Center, Phyllis Sprague of the Tamarack Senior Center, Peg Kamhoiz of Senior Community St ies, and Mabel Belt and Dorothy Rauschendorfer, residents of Orono. O'Brien explained various activities the center is involved in and noted membership has risen from 150 to OBO-t* in recent years. She submitted a copy of the center’s newsletter and thanked the Counci I for their support. Kamhoiz explained her responsibilities with the Senior Community Services and thanked the Council for their continuing support. Mayor Peterson stated the Council appreciates the report and the efforts made by the different organizations. (•2) CONSENT AGENDA Mayor Peterson removed Item #3. It was moved by Goetten, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 3, nays 0. Motions for all items adopted by consent agenda wilt be included in the minutes in their respective numerical order. (•3) APPROVAL OF MINUTES Mayor Peterson said she did not attend the meeting and would not vote on the minutes. It was moved by Goetten, seconded by Jabbour, to approve the minutes of the regular meeting of the Council held on October 12, 1992. Ayes 2, nays 0. Mayor Peterson abstained. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 LAKE MINNETONKA CONSERVATION DISTRICT JoEtlen Hurr noted the upcoming Board meeting to be he id October 28th. The Board will hold public hearings regarding the styrofoam ordinance, the multiple dock license for Nelson/Gage on Stubbs Bay, and the Joint dock license for Pheasant Lawn. Hurr reported a training session on monitoring the Lake was held on October 10th for 28-35 people. She stated they still need approximately 12 more people to help with the project. Jabbour reported on the process of the Lake Access Task Force. He stated the process Is ailing. He understood development of the Maxwell Bay site was not to commence until the Task Force produced their findings, but felt that was not going to happen. He stated the Chair of the Task Force seems to be making all the decisions on the LMCD's behalf. He explained the former site of the Mai Tai restaurant in Excelsior is available to the DNR, but it was explained to him that the DNR will not consider the site. He requested the Council express their desire to have the LMCD adopt a policy on how they should make decisions about potential public access locations. Goetten understood when the Task Force process beusn, they would look at possibilities in other communities. Hurr stated there is no criteria in place to look at other sites. Jabbour noted no one thought the process of the Task Force would take as long as It has taken. He felt it unfair that the burden to provide pub I ic access was not shared equal ly among the lake cities. He indicated the LMCD has a serious perception problem. He reiterated Scott Carison of Minnetrista was the only other community to provide representation religiously for the meetings held by the Task Force. He noted it is a very diverse group around the lake. Mayor Peterson asked about support from other communities regarding Jabbour*s request to the LMCD. Hurr noted she would bring the request up at the next meeting, and suggested the Council garner additional support for the December meeting if It is deemed necessary. j .1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 PUBLIC COMMENTS Curt Quady, 1223 South Brown Road, oxplainad he wishes to construct a new garage on his property and went to the City for direction where it was explained he is in a 2 acre zoning district and wouid need a variance and a survey. He asked the Council why they do not rezone the Crystal Bay area to reflect current development. He added he does not believe in the variance process. Goetten stated it was originally zoned 2 acres to curtail further development. She noted it is a major effort to rezone property. Jabbour asked the affect of such rezoning on the 64/640 rule. Gaffron felt rezoning this area would not affect that rule as It is within the MUSA boundary. Jabbour added even if the property were rezoned, a survey would still be required. Quady reported, a year ago he asked the City to remove a dead tree at the rear of his property within an alleyway. He said recently he and a neighbor took down the tree as the City did not respond to his request. He asked why other areas of the City have a better response time to requests such as this. Moorse explained dead trees are generally removed during the winter. Jabbour felt the service should be provided on a first come first serve basis, with those most hazardous conditions taking precedence. Goetten suggested Moorse review the issue and report back to the CounciI. (•4) #1521 J. VOGT A M. HILBELINK. 116 OLD CRYSTAL BAY ROAD NORTH > FINAL SUBDIVISION - RESOLUTION 93190-A John Vogt and Hike HiiPelink were present. Mabusth explained the new applicants have fulfilled all conditions of the final subdivision approval. In addition, the applicants are requesting an additional curb cut off Old Crystal Bay Road for Lot 2. Block 2. Staff does not recommend the additional curb cut based on the City Engineer's recommendation. V. V I fl I-- i. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ZONING FILE #1521 - CONT. Hilb«link felt the lot dictates the additional curb cut as it will create a very long driveway for that property and the building envelope is better laid out with access from Old Crystal Bay Road. He reminded them that there currently Is a cut there. Goetten stated the request sounds logical, but referred to the City Engineers findings that the cut would be unsafe. Vogt stated Phil Nelson shot distances at the top of the hill at 200’. Cook said they are looking for 300’ of sighting. Mabusth noted if the plat is amended, the out lot would not be needed and the plat would have to be reviewed by the Planning Commission. It was moved by Mayor Peterson, seconded by Goetten, to adopt Resolution S3190-A for Application S1521 “or J. Vogt and M. Hiibeiink of 115 Old Crystal Bay Road North, for final subdivision approval. Ayes 3, nays 0. (68) 61766 JOHN MOORE, 801 TONKAWA ROAD - VARIANCES - RESOLUTION 63191 James Credit was present. Gaffron explained the applicant has provided an updated survey and proposed additional hardcover removals In the 0-75’ zone. It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution 63191 for Application 61765 for John Moore, 801 Tonkawa Road, for variances to construct an addition to the existing residence. Ayes 3, nays 0. (66) 61766 HOWARD EISINGER, 3245 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT - RESOLUTION 63192 Howard El singer was present. Mabusth reported the Planning Commission recommended approval for 10,000 cubic yards of additional fill, based on the 3,000 to 4,000 cubic yards still available from the Stubbs Bay project. It was also recommended, prior to any future request for additional fill, the entire project be reviewed by applicant’s consultant and the City Engineer. She asked if Eisinger plans to expand beyond the 300x500’ fill site. «r } / MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ZONING FILE #1766 - CONT. Elsingar said ha plans to axpand to the south. Jabbour agreed with the Planning Commission recommendation, but questioned how the City could have approved 100,000 cubic yards originally and now is only approving 10,000 cubic yards of that original approval. He asked why the applicant should come before them 10 times to obtain the amount of the original approval. Mabusth explained the original amount was for a much larger area and the fill was available. Goetten agreed, and stressed the need to review the situation prior to the applicant submitting another conditional use permit. Mayor Peterson asked Eisinger if he intends to expand upon the area being filled. Eisinger stated that is his long-term goal. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3192 for Application #1766 Howard Eisinger, 3245 #ayzata Boulevard, for a conditional use permit for an additional 20,000 cubic yards of fill. Ayes 3, nays 0. (#7) #1772 JAMES BROOKS, 3786 WATERTOWN ROAD - VARIANCE - RESOLUTION #3193 It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution #3192 for Application #1772 James Brooks, 3785 Watertown Road, approving a variance to reconstruct a porch to the existing residence. Ayes 3, nays 0. (#8) DRAFT LETTERS OF RESPONSE - FLEXIBILITY REQUESTS It was moved by Jabbour, seconded by Mayor Peterson, to table consideration until Callahan was available. Ayes 3, nays 0. MAYOR/COUNCIL REPORT A) Jabbour reported that tne last Planning Commission meeting did not run as smoothly as it should. He felt some applications were brought before the Planning Commission prematurely and applicants were not informed prior to the meeting of the recommendation to table or the need for additional information. * I k HINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 20, 1992 NAYOR/COUNCIL REPORT - CONT. Go«tten reminded them the City Is a service oriented business and should run that way. Mayor Peterson stated there may be underlying circumstances. B) Jabbour reported after research he has discovered the City may not be saving money by installing the underground gas tanks, and may In fact, save money by buying at the pump. He reminded them the original budget called for 3 tanks, and they are only installing 2, and that is the reason they are underbudget in this area. He added, the amount of diesel fuel stored In one tank will supply the City for a three year period. Mayor Peterson felt they may have been mislead on more than one I tern. Jabbour stated they had promised the residents this project would not be staff-driven. He added the City may end up purchasing tank insurance which will be an additional expense. Barrett Indicated he was sure the City did not have any 'nsui'ance for clean-up from the tanks. Jabbour stated the Council was told the City was Insured for clean up under the current policy. Goetten asked If It was too late to cancel the contract for the tanks. Jabbour stated It was presented to the Council that the City would aave money by buying In bulk rather than going to a station, which he has found to be untrue. He added, the cost of the bond needed to purchase the tanks and the Interest will add to the cost of those tanks. He stated the City’s liability for having the tanks is a factor. He added, the amount of fuel one tank will hold will last the City three years, and felt that an exorbitant amount. Craig Linden, 2655 North Shore Drive, suggested the Council cancel the order for the tanks and pay the cost involved to cancel. He felt the long-term negative affect of the tanks would outweigh the initial loss. Moorse stated he would check the following day and report to the Council immediately. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 ENGINEER’S REPORT («9) REQUEST FOR PAYMENT «3 - ELEVATED WATER STORAGE TANK Jabbour asked if the City needs to provide notice to the adjacent community that the City would not be purchasing water in the near future Moorse stated he would check on that. It was moved by Mayor Peterson, seconded by Goetten, to authorize Pay Request S3 for the installation of the 400,000 gallon elevated tank to PDM, INC. in the amount of $179,464.50. Ayes 3, nays 0. ($10) REQUEST FOR PAYMENT $3 IMPROVEMENT - STUBBS BAY SANITARY SEWER Cook stated they are two*thirds done with the project. Jabbour stated, at a recent Planning Commission meeting, residents from Leaf Street expressed their fopreciation for the work done by the engineers to preserve the ve«;>%tation in the area. It was moved by Goetten, seconded by Mayor Peterson, to authorize Pay Request S3 for the Stubbs Bay sanitary sewer improvement to Progressive Contractors, Inc., for an amount of $272,411.08. Ayes 3, nays 0. CITY ADMINISTRATOR’S REPORT ($11) PUBLIC VS. PRIVATE RESPONSIBILITY FOR THE MAINTENANCE OF BRIAR STREET Moorse referred to his memo which examines the question. He stated the City has not been consistent In the past and history tended to dictate action. He noted there has not been any changes in the past 10 years. Goetten felt they should be reviewing the whole issue. Sh.. they could not treat anyone’s request differently. felt Jabbour stated the City currently has several other requests to maintain other roads. Mayor Peterson stated she contacted two previous owners who indicated the City had plowed the street periodically in the past, but did not maintain the road. She was told the reason they discontinued plowing service was because one resident on the street complained about the rocks being dislocated from plowing. HINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 PUBLIC VS. PRIVATE - BRIAR STREET - CONT, Qtrhardson axplainad the reason the road was once plowed in the past was because a homeowner requested it to be so to a part-time driver who was unaware of the situation. Mayor Peterson stated the City pieced a sewer pipe in the road without easements. Jabbour said the City could install sewer also. In the private streets Barrett explained that during the subdivision process a road is platted which says the road can be or is dedicated to the public. The City has taken the position that the developer will plat the road and maintain in the future. He opined that all the private roads In the City are defined as outlets with the City obtaining underlying public easements. The road outlet remains under private ownership and maintenance. Jabbour asked the difference between this street and Oxford Road. Mabusth explained the private road appears as an outlet where this specific section of Briar Street is shown as a public road. The general public may not use a private road, but they may a public road. Qoetten stated they must be fair to ail residents, and felt to do so, the City must adopt a now policy. Mayor Peterson asked why the pub IIc roads were not brought up to City standards during the relnstallet ion of the roads after the sewer project. Rich Kieman, 1212 Briar Street, noted the map distinguishes his road as a public road. He felt the Council should err In fa' r of the resident until the issue is resolved. He felt If the road is public and platted, the road should be plowed as are ail other sub standard City streets within the City. Mabusth noted the road is platted such that It loops through to South Brown Road but has not been developed. Gaffron noted there are many different types of roads within the City, and noted there is no rational basis other than historical precedent that can explain which roads the City has maintained. 8 NINUTES OF THE REGULAR ORONO COUNCIL HEETING HELD OCTOBER 26, 1992 PUBLIC V8. PRIVATE - BRIAR STREET - CONT. Moors* sxplainsd the City adopted a Comprehensive Pi an in 1980 which addressed the issue. He said that policy should be reviewed and updated. Qoetten suggested waiting until a full Council was available to make a decision on this issue. It was moved by Mayor Peterson, seconded by Jabbour, to approve the request by Rich Kleman, 1212 Briar Street, for the City to plow his public street, and to direct City staff to review the public vs. private road issue within a certain timeframe. Mayor Peterson felt the City owes Mr. Kieman an answer. Jabbour asked Mayor Peterson If she would amend her motion deleting approval of the request by Kleman. Mayor Peterson said she would not. It was moved by Jabbour, seconded by Goetten, to table consideration of the request by Rich Kieman. Ayes 2, nays 1. Mayor Peterson voted nay. (•12) CITY HALL 8 PUBLIC WORKS BUILDINGS APPLICATION 8 CERTIFICATE OF PAYMENT It was moved by Mayor Peterson, seconded by Jabbour, to authorize Payment *8 for City Hail and Public Works Building in the amount of $355,266.51, as listed in memo dated October 19, 1992. Ayes 3, nays 0. (•13) VOI.c 8 DATA CABLING CONTRACT AWARD Goetten asked if the cabling would allow for future networking in the Council chambers for television. Moorse said this contract does not cover that, but it has been planned for as much as possible. He added this contract includes the Police Department. It was moved by Jabbour, seconded by Goetten, to award the telephone and computer cabling contract to A.U.S. Communlc.i.ions in the amount of $15,315.00 plus applicable sales tax. Ayes 3, nays 0. •j ‘j!- r NINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 26, 1992 (•14) SIGNAGE FOR NEW CITY FACILITIES It was movad by Mayor Paterson, seconded by Jabbour, to select the wording for the sIgns at the new City facilities as “VIIIage Hall". Ayes 3, nays 0. (••14A) CITY ADMINISTRATOR'S ONE YEAR ANNIVERSARY SALARY ADJUSTMENT It was moved by Goatten, seconded by Jabbour, to approve the City Administrator, Ron Moorse, salary adjustment to Step 2, 1992 amount $58,498.00, and to provide a salary adjustment at the first of the year commensurate with the annual increase made to the salary range. Ayes 3, nays 0. (*•16) LICENSES There were " licenses. («#16) BILLL It was moved I, joetten, seconded by Jabbour, to approve payment of the Ail Funds Account. Ayes 3, nays 0. ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 9:30 p.m, to Executive Session. Ayes 4, nays 0. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hal I in, City Clerk J r- r- i--' I P ¥ V'" % rar- t'v k '■!• MINUTBS OF THE CANVASSING BOARD HEBTIN HELD NOVEMBER 4, 1992 ROLL X X The Council met as the Canvassing Board on the above date with the following members present: Mayor Barbara Peterson, Counci 1 members J. Diann Goetten, Gabriel Jabbour and Mary Butler. Couiici Imember Edward Callahan was absent. The following represented City staff: Administrator Ron Moorse and City Clerk Dorothy Hallin. Mayor Peterson called the meeting to order at 4:00 P.N. Council reviewed results of the November 3, 1992 General Election. It was moved by Butler, seconded by Peterson, to certify the results of the November 3, 1992 municipal election as follows: Mayor - Two year term Edward J. Callahan, Jr. receiving 3,158 votes CounciImembers - Elect Two for 4 year terms Charles M. Kelley receiving 2,444 votes Jo Ellen L. Hurr receiving 2,002 votes Gary N. Printup receiving 1,585 votes Ayes 4, Nays Butler stated she wished to congratulate the winners and extend best wishes to all the candidates. AOJOOMHBMT It was moved by Peterson, seconded by Butler to adjourn the Canvassing Board meeting at 4:06 p.m. Ayes 4, Nays 0. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, city clerk m ma TOs VROMs DATBt Mayor and City Council Jeanne A. Nabusth, Building a Zoning Administrator November 3r 1992 SUBJECTS 11737 Richard Hollanderr 680 North Arm Drive - Variances - Resolution Pertlaeat Ordlaaiioea Section 10.22# Subdivision 1 (A). Lakeshore setback variance required for proposed deck/gazebo structures in lakeshore yard. Required ■ 75* Proposed ■ 14* Variance ■ 61* or 81% Section 10.22# Subdivision 2. Average lakeshore setback variance requried for gazebo located completely in front of the average lakeshore setback line. Refer to Exhibit O. Section 10.22# Subdivision 2# Hardcover variances within 0-75* and 75-250* setback area. 0-75* setback area « 15#000 s.f. Allowed ■ 0% Existing (includes all unapproved deck/gasebo structure) ■ 4#285 s.f. or 28.6% '735 s.f. or 4.9% of decking and gazebo) Amended proposal - Approved per Planning Commission ■ 3#799 s.f. or 25.3% (removal of 500 s.f. hardcover and installation of 14 s.f. for timber wall) 75 - 250* setback area ■ 4#100 s.f. Allowed - 1#125 s.f or 25% Existing ■ 1#986 s.f. or 48.4% Amended proposal approved per Planning Commission ■ 1#537 s.f. or 37.4% (removal of 449 s.f. of non- structural hardcover) Review of total hardcover coverage Total lot area ■ 19#100 s.f. Originally proposed at 6#271 s.f. or 32.8% Amended proposal ■ 5#336 s.f. or 27.9% A ■( Zoning File #1737 Novmeber 3, 1992 Page 2 C D B List of Bidiibits A - Application B - Plat Map - Property Ownera List - 0-75* Hardcover Inventory - 75-250* Hardcover Inventory P(l) Planning Connisaion Minutea 5/20/74 F(2) Council Minutea 5/28/74 F(3) Zoning Adminiatrator*a Memo 5/20/74 F(4) Site Plan 6 - 1982 Building Permit H(l-3) Lakeaide Blevationa for 1982 Building Permit H(4) west Elevation 1982 Building Permit H(5) Building Inapector*a Certification I - Building Permit Application 7/87 Storm Damange Repaira J - Building Permit for Storm Damage Repair K(l-3) 1987 Approved Repaira L(l-2) 1987 Unapproved Structural Repaira Not Covered or Shoim in 1982 Building Permit Inspection Notice 6/4/91 Staff Letter 6/21/91 Survey Planning Commission Minutes 5/18/92 Richard Indrits Letter 10/6/92 Amended Proposal S - Original Hardcover Plan T(l-2) Assessor*a Records U(l-3) Photos of Lakeshore Improvements Prior to 1987 Storm V(l-2) Photos of Lakeshore Storm Damage N(l-3) Affidavits M N 0 P QR Ksvlsw of ^iplleatioii At the time of the back to back 100 year storms of July 1987 this property sustained major storm damage. The lakeside bank was undermined by the heavy rains and upper rear decks attached to house were washed down the hill. Applicant applied for repair building permit under the Emergency Storm Damange Ordinance» review Exhibits I, J and K(l-3). The approved repairs included the restoration of the lakeshore bank with the installation of the boulder wall at the base and structural repairs of the deck area were to be done in accordance with an original permit issued in 1982, permit #4747, Exhibit 6. The storm damage repairs cosqpleted by applicant did not follow the guidelines setforth in the directions in the building permit of 1987. The original deck shown on Exhibit K(l-3) became an enclosed structure with a hot- tcb. Applicant contends that an original lakeside gabeso was destroyed with the landslide from the storms. The City has no V Zoning File #1737 November 3, 1992 Page 3 record of ever Issuing permits for the lakeside gazebo or grade level decking* The total structure consists of 735 s.f* or 4.9% hardcover* The recent survey of the property also reveals a screened porch structure with decking (308 s*f*) that the City has no record of a permit being issued* The structure is older and in need of repairs* Review Exhibits F(l>4)* In a 1974 variance review, the garage addition was approved with an add on deck to the lakeside* Based on the minutes, it appears a lakeside deck did not have to meet the 75* lakeshore setback* Note the existing screen house that is located in the lakeshore yard was not shown on the survey of 1974 as was the detached garage that was to be removed as a condition of that variance approval* Review Exhibits G through H* In 1982 the original decking on the lakeside of the house was enclosed* In 1982 intensification of structures located within substandard setbacks or where excessive hardcover existed did not require variance approvals* Application #1737 deals merely with variances required to allow the lakeshore deck and gazebo structures to remain* Lakeshore structures of this type would have required variance approvals based on ordinances in place since 1974* Applicant contends that the structures were built prior to the 1987 storm and the gazebo rebuilt as part of the storm damage repair* No building permits issued during that period would have allowed the construction of decks and gazebos located within the 75* setback area* Residents would have been advised to apply for the necessary variances* The storm damage building permit was issued specifically and written to cover only land alterations/retaining wall installations and the repair of principal structure damaged during storm was to conform to a building permit issued in 1982, refer to Exhibits 6, I and J* Planning GoaBd.salcm Review and OoasMnts The application was reviewed at both the May and October meetings of the Planning Commission* The final amended plan offered 192 s.f* of hardcover removals in the 0-75* and 449 s.f* within the 75-250* setback area* Planning Commission meiEbers asked for additional resiovals and requested the removal of the screen house and attached decking consisting of 308 s.f* of additional hardcover within the 0-75* setback area* Final hardcover removals are reflected in the facts noted above* The Planning Commission recommendation consisted of approving setback and hardcover variances to allow the grade level deck to remain in the lakeshore yard consisting of 312 s.f* or 2% additional hardcover. Total hardcover within the 0-75* setback area is proposed at 25.31 (original 28*6%). Planning Commission IW'S, I 1^' ■atx^ Zoning Pile 11737 November 3, 1992 Page 4 recommended that all required removals be completed by June 1$ 1993. The applicant mas to obtain necessary demolition permits for the removal of the screen house structure and deck. The enclosed resolution has been drafted per the Planning Commission's approval recommendation. ‘ ----------------------- I M i.’, r , . A RBSOLDTIOH 6RABTIM6 VABIANCBS TO maiciPAL sonvG oodb SBCTIOH 10.22, SIODIVISIOM 1 (Al Al 8BCTI0H 10.22, 8OBOIVISI0II 2 FIU #1737 1IBBKBA8, Richard Hollandar (hereinafter "the applicant*) is the owner of the property located at 680 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A attached Hennepin County, Minnesota (hereinafter "the property") / and WBBRBA8, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A) and Subdivision 2 to allow a grade level declc and gazebo to remain in the lalceshore yaxd located 14* from the shoreline where a 75* setbaclc is required resulting in additional hardcover at 735 s.f. or 4.9% where 3,550 s.f. or 23.6% exists and where none is allowed. Minnesota: BOW, THBRBPORB, BB IT RB80LVBD by the City Council of Orono, FIBDIBGS 1. 2. This application was reviewed as Zoning File #1737 The property is located in the LR-IB Lakeshore Residential zoning district requiring 1 acre in area. The property consists of 19,100 s.f. or .43 acres. 3.The Orono Planning Commission reviewed this application on May 18, 1992 and October 19, 1992 and recommended approval of the proposed variances as amended based upon the following findings: a) b) The unusal shape of the lot. The majority of the area of the 19,100 s.f. located within the 0-75* setback at 15,000 s.f. lot is Page 1 of 7 f .f \ r 1 Approximately 744 s.f. of the hardcover within the 0- 75* setback area has been installed because of the historic erosion problems of the steep lakeshoze bank which was intensified at the time of the 1987 storms. Applicant has provided written affidavits from contractors and friends confirming that deck and gazebo structure was constructed prior to the 1987 storm and constructed sometime in the early '80s. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions# light# air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant# but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission# reports by City staff# comments by the applicant and the effect of the proposed variance on the health# safety and welfare of the community. OOHCUISIOHS# OBDBR A1 iITZOHS Based upon one or more of the above findings# the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22# Subdivision 1 (A) and Subdivision 2 to allow grade level decking constructed without the benefit of a building permit to remain resulting in an increase of 312 s.f. or 2% of hardcover in the 0*75* setback area and 14 s.f. for timber retaining walls to border formal planting area in lakeshore yard# subject to the following conditionst 1,All non-structural and structural hardcover improvements scheduled for removal as sho«m on Page 7 of this resolution shall be completed by June 1# 1993. Hardcover within the O*- 75* setback area shall remain at 3#799 s.f. or 25.3%. Hardcover within the 75-250* setback area shall remain at 1#537 s.f. or 37.4%. Page 2 of 7 1 ^1 :<• tr 2. 3. 4. 5. 6. Applicant shall obtain a demolition permit from the City prior to the removal of the screen house/attached deck and gazebo located within the lakeshore yard. Applicant shall restore natural ground cover with grass seed or sod to all areas where non-structural Improvements are to be removed. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant first obtaining a demolition permit to complete the removal of the screen house and deck structure and to finally complete all hardcover removals by June 1# 1993. Violation of or non*compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby aarees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of November, 1992. ATTEST: Dorothy N. Hallin. City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 7 Am m i V i STATE OF MimiBSOTA ) ) 88. COUNTY OF HENNEPIN ) The foregoing inetrunient wee acknowledged before me on thie 9th day of Novenber, 1992, by Barbara A. Peteraon « Dorothy M. Ballln, Mayor a City clerk of the City of Orono, a Minneaota municipal corporation and aaid inetruMnt wae executed on behalf of the City. Notary Public Page 4 of 7 i .u __ __ EXHIBIT A Lot If except thet part thereof lying Northwesterly of the following described linet Beginning at the most southerly corner of said Lot 1| thence North 26 degrees 39 minutes West along the Southwesterly line thereof a distance of 9.0 feetj thence continuing along the Southwesterly line of said Lot 1 on a tangential curve to the left the radius of which Is 363.65 feetf a distance of 202.61 feet to the actual point of beginning of the line to be described; thence North 31 degrees 23 minutes 52 seconds East to the Northeasterly line of said Lot 1 and there termlnatlngr Auditor's Subdivision Number 362f Hennepin Countyf MlnnesotSf according to the plat thereof on file or of record In the office of the Registrar of Titles In and for said County. Page 6 of 7 - I ArmMinnetonka A! I f Tbftnoia CF^ becM. ^•AfTT W •‘ t r C 1 ** m ^ ^ •?*? 4A*wStoto''!*- T7^1 4 '^< S’-- \. ys\ mmm^i / cm OF OROHO - VARIANCE APPLICATION Initial Application Fae $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) FROPSRTT INFORMATION Site Address 680 North Arm Drive. Orono #1737 Property Identif. Number (P. I. D.) 06-117-23-43-0002 Attach legal description to application if not included on required survey. Date Property Acquired __ 1972_ _ _ _ _ _ _ _(month/year) 'fktf. I (do)(do not) also own the adjacent parcels of land. Present use of property: x residential Zoning District: LR»1B_ _ _ CITY OF CRi FimCE OFFICE 1350200000 01 6EH 225.C CHECK 71 225. C other ispecimilPT’Wm YOl424041(Tuuurwmr -------------------------------0^2ZL APPLICANT Phone (home) 472*4353 Name Richard Hollander Phone (worJc) _827-4247 Address: 680 North Arm Drive City: Mound Zip: 55364 (if different than applicant)Phone (home) Name Phone (work) Address t City:Zip: DBSCXIPTIOR OP RBQOBST Estimated Construction Cost $ Describe request in detail: fathered deck. Approval of variance application for grand* VARZANCBS RBQOIRBD Lot Area X Setback : Lot Width _X Hardcover .Lot Coverage Front Side Rear X JWMQMiHXK Lakeshore Other (specify) BAR08BIP/DB8CRZPTI0R OF ONUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual proper conditions preventing compliance with Zoning Code requirements: RUN MTl tS/17/9t MTCN Ml TiWMVIRmm/mm t... n M-117-n St Mot RMI^I NMm MH M UUlVXEN eOLF OF NIKA INC URIVIIN WLT OF NIKA INC MS RIt OAF. UNI NOUMi Ml ISSM ss sA-117'ts AS ooes M7M • NORTH ARH OR ORMORY N NARTV ORNORV N NARTV NOUMIW BUM NliMiFlN COUNTY FROKRTY XNFORNATION SVSTIN FROPIRTV OMffRS LIST *a*M»iViwn>i«v RtFORT NO. FX4SB401 FA6I 1SO 0A>117«XS AS OMl OOABO NORTH ARN OR J MAUCNLI A I SCNOONOVf R * JRFFRtY R ORAUCHLI AND tUSA N SCHOONOVER ASO NORTH ARN OR HOUNDMI B5SAA SO 0A-117>tS AS OMt OOMO NORTH ARN OR RICHARD 0 HOlUNOER RICKARD D HOLLANDER tVOA HUmOLDT AVI S NFLS Ml S5A0D SO 0A*I17-tS AS OOOA DOTtO NORTH ARH DR J S LEECH t V E UIS'LEECN J S LEECH • V I LAXS-LEECN 7X0 NORTH ARH OR HOUND Ml BUM TOTAL BATCH 001 OOOOB 4 I CERTIFV THAT TNI FACTS REFREOENlfO ARE AN ACCURATE AND TRUE REFRESENTATION OF XNFORNATION AS XT AFFEARS THIS DATE ON THE RECORDSs mjssss ssrSiS"”" * OATt r •• i • .; '. i .*m -V . •'ip . ') r- • : . t mi» V Tt.- ;; * / .> L;;mm i'* »V .i ' A m* •)4 • ‘ -i. ■'4, r.:i•' M'v'■M•* ft I .. ‘ T' ■'m i r- HARDCOVER .CALCULATION WORKSHEET ScTaACK ZONE: (circle one) (O^TS^ 75- Ex I STING Hardcover in Zone A. ■ H ouse ^ 4 LENGTH WIDTH • • • ■ /r. 7 /2.3 B. Garage • •• • ••• » • « c. D riveway ^C4Xt40 (^4ta**T) . ** //77v?Sw#I77 “ ^ ' *• • u/4jr //^r D., Sidewalk _ 7^y ^7.7 • 4 fS9 X S rr4*, S4^) J , ^ E. Patio / ; T ^ \ D eck • X_____•. • • 1 p. Landscape Aurr< x AREAS UNDERLAIN BY , ______________ X PLASTIC SHEETING ______________X i oualL (•«**••) f2o V UMTfi^AtC • • X G. Other Total Hardcover in Zone• • • . • Total Property Area in Zone /S'io S t F# • « • • ^03 se r/ 3€0 300 f»2 AS S.F. S.F. S.F, S.F. S.F. S.F. S.F. S.F."777" S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.m /s.aoa S.F. 43 4 rii X 100 . 2S.4 IS % .. M*« . • - -* • ■---------^ -- •■ — t ..I .■’..JJ A.-A W. r-zs-ifZ 0 ?; Vr-- <• p. !..•••• HARDCOVER .CALCULATION WORKSHEET I SETBACK ZONE: (CIRCLE ONE) 0-75* Existing Hardcover in Zone A. House _3€0 S.F. LENGTH WIDTH• • • • X • • • • fli S.F. X • • S.F.1•••Xm• S.F. • X • S.F. ♦ • B. Garage _ x • • S.F. • •••••» • • c. Driveway x • « - 2 4^S.F. ?7S • S.F. m• • D. Sidewalk ‘ x •• - /r9 • S.F. • r/4^r. X « S5 .S.F. Ctiyf, /W / € X s S.F. E. ATIO/. Deck X • • S.F. • - ■ -•« • F. Landscape x ■ • . S.F. UNDERlJUN 7^ BY . X to/ S.F. plastic sheeting X • • S.F. • • S.F. G. Other ‘ x 01• S.F.• • • Total Hardcover in Zone • Total Propcrty A rea in Zone m /9rf j.[r ] 4/ao nr€S.F. 1 a1 S.F. 1 b1 ♦ % • 4-/00 y 100 - 49- • •« 9m** V »■• • • ■ Mlnut«» of tho regular Planning Ccnniaslon moutin*}, itontlay, .i»y 20, 1974. i •4 I Paga 4 clalaa tnat It would 0# a hardship to him to have to conply with tho 5 acra minimum lot alza, and, tharatora, a varlanco would ha approprlata. A contour map was to ba provldwd Uifora tha nawt Plaimlnj Ccnmlsslon Haatlng to allow a buttar dutorwinatloo as to whara tha bast location might ba for tha lot lino* Kiillborg rnovad* Curtis saeondad, that o Public Haa^’lng ba achad* ulod for Juno 17, 1974. Ayos (9) Hays (0>. Tho plon Ihdicotot on irrogulor shapod structuro which would In- IrlinP on tho 79* sothoch roqwiramont from tho laho. If that portion of tho garogo to o dock, thon no varlaneo Is nocossary, hut If It Is part of tho garago, a varlaneo would havo to bo grantod froo that portion of tho ordinanco. VanNost movod, hull- horg aocondod* that a varlaneo ho approvad as It would ha an Im- prousmant In tho SKtstlng conditions with tha stipulation that no portion of tha structura ba loeatad closar than 79* to tha laho and that tha amlstlng garaga ha ramovad within 30 days oftar tho esoplotlon of tho now garaga. Ayos (8) Hoys (0), Richard Hollandar y Varlaneo Tho Zoning AAalnlstrotor Informad tho Planning Commission thai tho Gogna proJaet was placod on tho aganda as an informational Itw and that no action should ho takan unti I tha oomprahonslva plon, or norm spaelf Ically, tha Plon Study Aran for tha proparty Involvad, Is oemplotad. Chairman VanNost Informad tho patltlon- or that tha aactanslon of tho HKhhorry sowar lino had boon do- totod from tho prosont sowar projact, and, th^foro, tlw only Will lam Gsgia* Shopping Cantor possibility tor thoir propoosi Is to run thair sowago through tho smlatlng sowar lino through Long Laho. Tha Zoning Adminis trator was Instruetad to find out If capacity was avallahio In ^ • _A MM_ __ _ _ _ __ _ __ __ It.. hk^ isAmsjilAwi #SIS ♦!I’ho sowar lino, and If so, how many uni Is could ho handlad on tha •listing llna. Hr. NIolaon and Mr. Gagns suggastad to tho Plan ning CoMsIssion that thoy eonsidar allowing approval of this proJoet In stagas so that thoy could got startad as soon as ^s- slhlo* Prosont plans call for starting tho rosldantlol portion of tho pr^oet first which would Ineludo apartmants and townhousas Iras thm RChoRl Curtis nowad, Guthrla saeondad, that this application ha tahlad until tha Planning Connlsslon can datarmlna If samr Is avallahia and until tha eomprahansiva plan Is complotad. Ayos 18) Hays fO), ♦4r. Stralay was Informad that Orono Is In tha«procass of ro-wrltlng Stan Strsloy Its 8-2 pollen of tha ordinanoa rslating to lahmshoro oommarelal Marina Ltconso App! ^-/Ivltlas. In addition, tha L.M.C.O. has placad o moratorium on tha Issuanco of multipio dock llconsos, and, tharoforo, tha City cannot procass tho application at this tima. Ga-ch movad, Quthrlo sooandad, to tahio tha Strsloy oppllcatlon for a Ifarins Llconso. (Ayos (8) Nays CO). ( ^ t'J kt.ll r y * ■ •' 1 A BB60XAR HEBTXMG HELD MAY 28, 1974 PAttinM Bovtd# dMrlas Meond*d, to grant a variaaeo to Aiehard Hollandax, 680 North Am Orivo# for tho eenotmetion of a garaga 22* froM tho road right*of-way, alaca it ia an iApmoMMit ovor tha axiatiag aituatlon, but a gariaaoa froi tho 75* laka aatbaek ordinance oao only bo givoa prallniaaxy approval aubjaet ttaiflnnahaha Croak Ifatarahad Diatriet giving approval* «hia varianea waa daaiMd raaaonabla aiaeo it ia a narroo lot and tha varianea ia only a noad for a dook ayppertad by polaa. Aa aeon aa tho Watorahad Diatriet approvaa it, than a writtan oopy of that approval ruat ba auhaittad to Dostor Maraton, and if it naota Ur* Haraten*a approval, than tha ataff ia anthoriaad to grant a varianea. Notion,Ayaa (3) - Maya (0)* Page 2 VARIANCE 680 North Am Drive 4168S - 1020 Lot 1 ms BttHRjcSnuRo fha varianea for John timer A Halvin Dale on Ooan^ Read 86 and Matartown Road ia tablad until Jana 11, 1974* Tlu^ varianea for Albart Burkhaltar and Korthiua, 1066 Lena Linda, ia alao tahlad until June 11, 1974. Butlor aovud Paurua aaeendad, to grant tbm variance and aubdiviaion for Harold Aadaraen, 4665 Bayaida Bead, and that a 5% park fee ia to ba ehargad to tha two- porn., parcal* Notion, Ayaa <3) - Naya (0). ?*S5}^ »vad, Paurua aaeondad, to grant tha aubdiviaion to Hugh Barriaon and that a 50* aooaaa to tha laka ba provided and that a M park fee ba ehargad for thia aubdiviaion. Notion, Ayaa (3) - Maya (0). Paurua aovad, Butlar aaeondad, to deny tha 2* llataon, 2200 Bayviaw Plaea. But the Comil did faal that parhapa oonaidaration ahould ba given in tha future *or cenatruetion ofa garaga. Motion, Ayaa (3| - Maya (0). •jjjyj jovad, Butlar aaeondad, to approve tha of Bdward Bubov, ^ eonditiona aa apaeifiad by Hr. Uaraton in hia nano. Motion Ayaa (3) - iiaya (0). VARIANCE Matartown Road 6 #6 VARIANCE 1066 Loom Linda VARIANCE 6 80BDIVI8IOU 4665 Bayaida Read 42460 - 1412 SOBOIVIBIOtf 41620 - 3000 STREET VACATION Wallaea Avenue CONDITIONAL 088 PBRNIT 1940 Sboralina Drive 41880 - 5000 r r i ,! i ■mm 1C- tt- iSSess^fe'rJ E"' •A.' ’ #■ r * •• • m f/-•<1 f ^ $d ,■ ,. THIS iTEH BEEH microfilmed TO: FROM: DATE: Pldfinintj Cotnmisslon O«i'tor 744r:iton» Zoninj Administrator May 20, 1974 SUBJECT: Variance PETITIONER: Riclvjrd Hollander LXATION: 600 llorih Arm Drive STAFF REPORT: Mr. Hollander has requested e variance for the construction of new garage located 22* from the County road right-of-way at one corner of the structure. The ordinance requires a 3S* set-t>ack from the road right-of-eey* The petitioner plans on removing an existing garage which Is currently lo* cated right on the property line and replacing It with the new garage. STAFF REC&'O^ElOATlOM: A variance bo granted bucausw of the following fectorss I. The petitioner plans on removing the existing garage and constructing the new garage further away from the road right-of-way. 2. The lot is narrow and Mr. tioi lander cannot move the structure further from the road without infringing on the 76* lake setback requirement. This recommendation applies to the portion of the structure which Is 20*k2S*. The petitioner has not defined what the additional area will be used tor, end . since it Infringes on the 7S* set-back requirement, this will have to be defined before a variance could be granted to that portion of the structure. Approval for this variance should, be conditioned on Mr. Hollander r the existing garage. Ing ^ver^ A."' i ! 1 f.: iiiiu uLi..i ir^tV fj' Pif^4Ui( I - I *. ‘ » I 1 / -^Iffr. f^AH - -^^AU r-^' 4^l^Pu>HNge<L ggfair»Hg^ t •- 3 1 - -*^ A w . V • [*A -•^1* «*C: : J - .'f, CITYoTORONO Building Permit PERMIT NV ^ 47471 /}^^yjr-£z and APPLICATION FOR CERTIFICATE CF OCCUPANCY EXPIRE DATE ISSUED EXPIRES ZONING DISTRICT f IRE ZONE VAR. OATS CONO. UBS OATS lot AREA WIDTH OEFTH fROWOBETBA^S FRONT R.SIOE REAR LSlOE LAKE WETLANDS ACCESS NSW existing AGSMCV-AFFROV. OATS CITY ‘ • COUNTY STATS >R. EASEMENT LEGAL OESCRIPTION: FMOP. 10.. LOT^________________BLOCK :R SUBDIVISION y ^'ll (AddrvnI ANCHITECT/ENGINEER - Mu»t Cmify Multl-F*mily. ConMmttiU A InduNrlil Cannruction fl«w KRT.NO.(Firm)lAddTMi) IFirm)lABrirml IFIwnsI ^6Mn<u^_____ TYPE Of WORK RtnoMtt /)r^//car -, CONST jyPt BLOC. Slit ^ ^ AESIOCNTUl DWELL. UNITS STOWICS B BOAMS'fLR PERMIT FEES BLOG. FERMIT _di CAM stalls ATT. OET. SCBTIC ABB. DATE NON WCSIO BHOBOSEO USE STATE FEE flan review FENALTV FARK FEE SAC CHARGE /7J6A STOAIES COUNCIL ABB. DATE TOTAL REMARKS:^C/xaO(iL J{!u /)^jj • A * ■rke^/5yt 1 inspection required fOOTINOfeWMBBW' f RAMMO imABI ii WO^K REOUIRINO SEI lATE PERMITS Ml IIBAMfRirt__ «_INEULATlON WALLAOARO BW«r* Ta*M« MffLL BINAL hato<« «nWH«V CrMTlB* ' ORK OtVONO OR without A RE KMRSO MMFECTION WILL «E SUB-WATPn - 'CTTOfENALTT.M Mil 1 IBBEt •NSfECTlON HOURS ATS-TSST CALLB-IEA.M. INSf t 'Af.M ‘ALL t • 4 F.M. INSf NEMTOAV CtrCTRICAL ttom StstG ACKNOMLEOOEMENT THE UNOCRStONtONfREBVRSOUCmBtRMiSSIONTOMAKB TMS RIAL MMBROVflWNTS MiaFIIO. AND OICiAlIBB UNDER BENALTVOF LAW ACXNONLBOOEMtNT AND ACCBFT* ANCi Of ALL INfORMATION. OONOITlONS AND RIOUIRB* MENTt RffRfSSNTfO ON TNO OOCUMENT. TNt UNO0W SIONEO fURTHER AOREESTOOO ALLWORRS M STRICr COM* BLIANCf WtTN ALL CITT Of ORONO OROWANCn AND BfATS Of MiNNtaOTA BWILOINO CODE RSOUMEMSNTB. QTAfiMeMk WHITE-BILE 6ACCN FINANCE Canart .insb ECTOR cold nrccirT \ ^ ■■■' * * • * *' ^V • i • ^ ^ *«1 * ■‘T ":T /}K ■» / i 't: <.f i^ *» . • */ *V-*>•i. • -. r>t• n V.. p.TV**■ f'{•7/ ^ t''saattaaaiBfe t-.^.t , -»r .V %. vtt <'. * /* r J. '•*# »>* » :A. 4 jn* V . >• N., ’• > <H' ^“W ■•^' ^ /-/o/V r '^ ^ r*> V.V r.". < -^ f >‘ 9'^ 1.A .«• . J>- ' -I k rv;>.- * .r V V'^ ■ V.t ,‘7f •y \ - REo 211: Tv ...s ,r.CtH jv » ^V* \\Itfr #* J.1 Vtv >J■«5t r fti ~iT W'J*4^vlV>.J*-' f ^ » *..0“♦ a I ny‘» »,k ^r .' 74 *44/ ^:\V.I Vt-.l4 ^)‘.w VU'Vf^ * i ‘•i J5s ^£.1 -V.\ l >i\ 1 - .• ^it:/ ?#. ..'f V^ t 7 -jk.t-.'cv.*'1 -<^ * 4,HOB;ttMI ‘<f ik' r ^* / f ,' ’:-4 ■< “%?■y-^ /i* •'%‘-M’'. »* vv* «• If’- ^9 :.* u<E\ 1 ^ » fV A ^ ; -; ;; '* cT- nP5 W"'^' 'TTT A? »v.sS>:i '£3K *» r :.^< * .-.W ;^>4;- ‘ •;••>■ .\r r m *y.*z' ^ • * ' V Mb* ^ f A V_'*i »\ iW. i» li «^ V'V, N'^* A. * .,* . ,| ! ‘ W. C\ I ^ >i ll taKA4^*£9i3mm ' 5-</?x: V ., -i.*•* "* .. .k_ ftlCtlC* »*. v^.. m . ^.1#^ r \A mm i i - ( I 0 I o; 'Vi I r l f /ccLl Itfi.nings.•*.Mm^MSS V*-a.' y.• •f^.• • «•vt* •• *> . • • I• « .,v .•* I y . ■ ■f- ' r • • » * • ^1 - • JL *• . *.,. . . • -f r • ,* • , ' .: * V* \v*1 ?•'V •» ' *1 air *•* 1. * '. •!;, >'■ t», » •' > • • •', • •,■ • I ■ . -‘.j-. T.' • . V •' •**•.'• • V’ •* ’ •; •• V ' .'>■'.•;•••'{■ ■■'.■’ ,. ’ •■•. -•■••• • • ' ■■ • » v'> .;• :> ■■ .1' f H/k M.;. ,. ^v::-i?^rr-rr'=c::^*cn«sr«=*v^- rr: «MJUtvr Pi " v.'i V •.?: . •; ^ - . "• \ *.rl ”, * *'• '*• V . ^ i •• * <t .-; •:'- • ‘ ■ V : ^‘MSPS ( Vi * * •.'^ ‘ 't **I •*. \ V * »J ♦>* J J . s «» • •> vr.: ni. '■■•. «» ‘ L^i>W 14nr ■•^?:2S5 >tieh —unir—nf 1 >x . ^^jfWlicatloii - to b« filled out coaplotoly and sl^nod itnietioB plans to Incloda ths foIIowlxMt Mr<plaai'Vv,r.s -., ub A fovBdatioa plan; • > ML!i<o£/^all .sldas) I * • / V« '^.**‘v,"-. „ lOBs 'aad 4Xomm ssctions; v . »P«c±al ooonactlons.. W hardoorar calculations and •gradiao andisM^pagnlrad, .%T,; '■•.•. •>..•.. ktloBa.v^sfosa ^roridad. « •. '' , ■iSOd.^dssifn if raqulrad. •CT. <V~i,,KiBumD a you aovon pim •.:V •; • *. •io t:kvOo}^ (circla ona) OW«n or CCimUkCTOR XXPI SS3>(^‘^ »i -.a* 1% » .Al»* ADDITIOH •v'V-- ■ ? Yy > 1 •i*. • ♦y^/Oo, AiZM-» 0^ ClTYi MovimO t, ' . ’ . ■ t ■ m. • . pBOPii UmnAf “■ iiPi s‘s’34»y *.• ■• . . . '. v>--*^ It ■.- ■,•>' : • -^.:-r<.r •'■ CIlYi • / » • a* , » i \ .rr r.r • f __ FBOVBl • f r.** X,-.,- a. CITTi • * £ « .1. •. , - r*>y. ■• t :I-XPt '• hxi im ^ . ■• * - « • * Acoasaory Structnra :: ^/lOMdal/XIt^ratlon • 0 a . 1 is f • *r Ranorata'<^s''-V. *!, ui.V '.'•A In'dataill )'i £. '’^oi>lC(£2frv,* i*JAJU./i^irit^t^c 'i; . .: •• •■ ' ' II ■ ■ II 1 I MWMBMMVMHMd .0fjjjijct, Lor ~f’o £1 ituZ^ . ..:* •• • %'^4 r*■f ^'tSoMG SIX*! L. I^OP.BXDIOOMSi W.H.BTOMXESt I,-* 4«lRa.» ___ GARACiSTALLSi ATT. VAIJDATIOII (aacluding land)i $ S, 00 o '*** '"' d1t7 > »v*r«T« •ulldlng paralt and I acknowladga that tha Information accurata; that tha work will ba in '‘onformanca with che cf tha City and with tha Stata Building Coda; that I • psrait and work ia not to start without a paralt; and n acc^danca with tha approvad plan.ic^danca wj _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _DATE*fill out tha ravaraa sida of thl? fora) ———— ii*: V. . { * , •*• . •.. V ..., ••' V *•’ ». . •• *, • ■'• s' \* > '' ' i. j * ,-• 7 wy % m ’.A .\ ;E^DR^SS: ;-:'i •^' ' ,r-.- «•..•" • * ‘--I '» ■■ / t •• • ■ > •**^ J* '’•■ ! ■• • ■.' ...-'.r. V.* i'w > » ,' • V - ' - —___ * ♦ > ' V " '• N. .•f '* '-iim v«*. ^ *1#. f-*_r^ m V.vT,^.^ISWOPH^yo^jHAKE *THE :. SiGNA^^ - • ‘iSSutU B^SlGNAnjRe ------------ # i r ‘V\ S'^. .'. .• >1 *. i V • • • •I : f.y .• ./•■'• ' I, \S ^s*- ^ »-V-HV i. ^^^^^gggggieCKS Ti BE CONSTR.^TQJ.P£^kM^S^ ff V ' •>•■*- '»•♦ • !.' '■ ■»;J,;.';vr »' '*•• ■*'/ ■ ‘ '>.'i\i<':‘ i*\ IV y: mub ’.-v. ' /J »* mm m ■••• >5>'. 7/;?-C" <. ' t ' *" -r !-4* -T vs-'V * \%vj #/VV ^ ^ * V -Dc«^>^ , B# - ^W& I ' • VS?* t ' SM ^ ^ *•'' Ctfl . 4-'‘** Ir: •'V'-^ty ir ‘;-''4? 0 '^-f? ♦V . ••. -5 :7*- . ' • • . V »,^ ♦I/’, - '*1 » 't > . . , c ' *. ■ ;» . .t y4< r>.^? .-, r> ., ; * f ' idCc 'aV- ♦ *1 • » i«* ^ : Si ^sr?&5f j.V"|^ •v-r. '>:• *i ^-V »V.'-V' II m X ^ .. a2Ij ’>? 4i •»5F ’ m :■««.; ISm t ^s: fT^KJBi .X'v3< 'i#; «liW '1 i •* ■■•‘4 - V.. ‘wt2^»v jr . V •. V 11*# '-. . , C>(iU/^' r> ♦< 'v • CtN- rcop'-'^o ^««>«ot|L v^ou. lO l^<t«. 3oucorC kjacc. TGi^ Foo*^**^** ' ' ' '*)® *. /WfX r L. •:•{;) ,’■ ‘ •’ ■ : .• • ■• j *;4-V/ . '-Vv 1' m OCK. K\' oc.u^f^pcC. (SbaSfbc^J C*t i SI X' V CQo /IcA/Dit: ' . '. ** ' • • ^--A /ly-la.-yvvr kjgM -V *_^r ‘3 • 'V. ... '• • T [ 'i ’ ' V‘ •*r i ’ ' * mmmmwmma83;%*m r^m Mmm■fm ¥:-4 ^.- • I • • .■■ •• •!?'.•■;■■ - * S;-:';;:K-.-v •JfTrV ^>x > • . • t/-• J \:* ■lilr r^ 'z^VKJL’iW :c X *A It *1 **r^r;-i »-^ t *,^ 7V? -. .l*- '-.i-'.-.. 3 ,*■ Rv,-3f.- ■■■ ■r-,^^;V<V.,i:r'-Sv.;r"--v:.f&nfmliftKc'fiX.v; bgSMmiffia?'\-'-v: c<^ ' Hw^Wli •« Bfcjpll 3&a» > \ flSHI roHH -p: If^HB fU'<v2>. inKsnn ajpljg p: 4i.v PUKh rj;-‘Jr •:■'•. T , V '. .’: L<tjf?' ISR ^w;i|1 ■■ • " 'j ^I;. -.•^V. ;v'•••*»,, • • ** ^ *r^'^'":‘--T‘^ ■:.i «-fi m 'y *' •. . »'.‘>3 ■^.f; ;•■' . J tVivA*!:- iL.-ipp^ ■!« .'-j ' ^ 1 ■4 #*M ^ •% . ;4 • • ♦ % ^ ^ • —. • • . • • .‘ .'• - --r-.. > ••' • .'•; •: • r-j .V;' Ir ^------ ' - • — * V. . • . A •• • ^ ", .• -• ^ . •'- * •« 0 , • . 1 . - • * - /. • /- - •: •. • • . ** V • r' • ' r* **^* • ’ r** * ■ . • . • '•/v-;.'-**.- - • »•* ^* . ** * ^ ^ »• • • " f- • • • • <- ..• :• •• :• • • ■••_••■• . .. . i- - ■ ■• ;. I ^>• _ . .r.. •*.' ^•:; % -r. V •; > . a *' ~ ■ -• .• i >•'• v'^-- V-^-. V•'•;• - - V. • • 'k- .- ;t1 •• • • .' • • • •• ; .V .- • ‘ • * • • ’ • - * • ••* ,»•* •■'•«,. ....• .. - * - ' •.' - • .* V • *. ' • • ‘ • • ' t • • - . ■ **• * 'm - * • •- • * *_?*^. ~ *••.* ■ *•w r\. . • / * - • / ' 7 .... • : • .t 1 *•' * • • • V .V - • ' • .. •• • ^‘ *• .** • * *••' ' • i ■ ^ » .. .• v-.- v '• : -- .V. ... • ^ , • A ^ * •« s <•••* • '■v DATE TIME CITrOFORONO INSPECTION NOTICE PERMIT NO. CALLED IN SCHEDULED COMPLETED 6-<V-qr/ 6- Cf.’O o <5:06 ADDRESS OWNER _ d,9C0 A30 A(^-^ CONTR. h. 04 •< Q ^ C 2 So: Uja. § O a: Ou. Uj ct \2 Uj 5 Uj q: 5 C Uj q: Uj Cioo • ^ ••: •*•. - . • .* . '•• A.- •• • 7 “ *r ' V•*' • • •• * f • r • — •. '.r- ( TELEPHONE NO. C FOOTING □ FRAMING C INSULATION C WALL BO. C FINAL C DEMO —SITE C DEMO — FINAL C PLUMBING Rl Z PLUMBING FINAL C MECHANICAL RI C MECHANICAL FINAL □ FIREPLACEWOOD BUR^ □ WATER HCOK-UP C METER SET/TURN ON C SEWFRHOOK UP cj SEPTIC MAIN! □ SEPTIC INSTALL □ SEP! *C FINAL C SITE WELL C WELL TEST PUMP G excav /grading ;filling C LASESHORE.WETLANDS G TREE REMOVAL ^SITE INSPECTION C PROGRESS C COMPLAINT G FOLLOW-UP COMMENTS: 6A 'ZJLOyQ___________________ -______________ — (Vrtis /Vv<^ {2 x?3>(J«-t Af^re:^ ":t-P<2/V^ "<2o-r __u->-g^ AT- <.tcy^p/^\oA.A-t> *-~4^Ca*t- pg/Ltw\Tr^ An^p/TovjAl li-;- ‘T • - -L . •!’• ^ .”T . •/*.A r-CX* • •'•L' '• • .**•*» >• V,.* •w V-* C .*A**.‘. f• ^ (i^c^ui/ba/J Bot uooo(cy . HOURS. □ PHOTO TAKEN □ CITATION ISSUED C PRO-ECT COMPLETE G ISSUE CERTIFICATE OF OCCUPANCY _________TEMPORARY _________PE^^MANENT G WORK SATISFACTORY: PROCEED C CORRECT WORK & PROCEED G CORRECT WORK. CALL FOR REINSPECTlON BEFORE C0VERI^»G G CORRECT UNSAFE CONDITION WITHIN------ INSPECTOR WILL RETURN G STOP ORDFR POSTED CALL INSPECTOR C INSPECTION REQUIRED. CALL TO ARRAN 3E ACCESS. Cull for the next inspection 24 hours in advance. 473-7357 ft Owner#Contracting site: — Inspector. _ Ci^k!^v W;..?ftCopy/msp«ctOf ’s Rla Canary Cjpy^SUa NoliCt •. '.t, ^-’v • t .r^T^ T. /. . *%•* ,, . V . ■ * *.iv • • • * • r ♦ . C;. . » • • * « >« “W** * . .1 . •• > *v ■ • ■ * f .• . • ■ •.. J .•!». :• .-• -V*-. '• • • ' ‘ ^ ■ *• •.••• -i ^ v.^*.-i.. o o ♦-1 \'^ ' V- , *' )• . t .y^•• CITY of OROIVO , Vv o.-s» i ^V MunKipai Offices Post Office Box 66 Crxsui Bav, Minnesou 55323 June 21, 1991 P.ichard Hollander 680 North Arm Drive Mound, MN 553b4 RE; D* eking and gazebo withtn 75* of lake 680 North Arm Drive Dear Mr. Hollander: This letter is to confirm our discussion on June 2, 1991 regarding the decking and gazebo within 75’ of the lake. Our records show the work w::.s never approved by the City and would require variances to do so. You stated it was replaced after the 1987 superstorm damage. The permit for repair of the damage approved "storm damage replacement of decks. Decks to be constructed per Building Permit #4747." Building Permit #4747 did not approve any work within the 75' zone. Therefore, the City must require you to remove these Code violations. You may ask the City Council for a variance to the Zoning Code to keep the decks. The Council may or may not grant a variance. The City must require you to take action to resolve this matter before July 8, 1991. If you have any questions or if you have a problem meeting this deadline, please feel free to contact me at my office S-i ncere / Lyle Oman Build Official 4 cc; Jeanne A. Mauusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator Druce Vang, Field Inspector LO/lsv TELEPHONE - 473-7357 • EVX -473-Of 10 M K MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 (88) 81736 GREGORY C* PETERSON, 1920 SHORELINE DRIVE - RENEWAL VARIANCE - PUBLIC HEARING - 8:03 - 8:10 P.M. Th« Af f i dav It of Pub I i cat ion and Cart i f i cata of Mai I i ng war a no tad. Hr. A Mrs. Patarson wara prasant. Mabuath axplainad that this is a raquast for a lot width varianca. Sha statad that it is tha intantion of tha applicants to build a naw rasidanca on tha lot. Tha building anvalopa is within tha widast araa of tha lot. Saptic tasting has baan providad and accass shall ba diractly off tha County road. Sha statad thara is no changa from tha original application. Johnson askad if tha applicants wara awara of tha rastrictions piacad on tha lot and tha fact that no additional variancas will ba grantad for tha proparty. Mabusth notad that this proposal has not baan impactad by tha naw shoraiand raguiations. Sha raviawad for tha applicants tha hardcovar rastrictions. Cohan suggastad tha appi icants work ciosaiy with City staff to maka sura tha building conforms to all partinant standards. Hr. Patarson statad thay would ba unabia to build this yaar and that is why thay ara raquasting tha ranawai varianca. It was movad i'y (.'on^n, sacondad by Patarson, to racommand approval of Appiicatior. 6 for Gragory C. Patarson at 1920 Shoralina Drfva, for a rari?«*^ ; varianca to construct a naw rasidanca, subjact to tha sama conditions of approval with tha pravious application. Ayas 4, nays 0. (89) 81737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - VARIANCES > PUBLIC HEARING 8:10 - 8:57 P.M. Tha Af f idavi t of Pub I i cation and Cart i f i cata of Mai i i ng wara notad. Richard Hoilandar and Dick Indritz, applicant's attornay, wara prasant. / 1 pMINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE 81737 - CONT. Mabusth •xplaincd • tha updatad survay showing tha axisting improvamants on tha proparty. Sha comparad tha aurvay to tha ona dona in 1974. Tha garaga addition dona in 1974 was in tha 75* aatback araa and tha opan dack was considarad a non-ancroachmant. Sinca that tima, thara was a parmit issuad in 1982 which aliowad tha dack to ba anciosad and sacond story additiois and additionai dackt. Tha additional dacks wara dastroyad in tha 1987 "supar stona*. Tha applicant appliad for storm damaga rapaira undar tha amargancy ordlnanca. Tha dacks wara raconstructad. Soaiatima In 1990*91, tha Xnspactors notad tha gazabo and iakasida dack. Hoilandar notad that it was built in 1974 and is in rapair. naad of soma Indritz notad that this is an aftar-tha-fact raquast to maintain tha gazabo and Iakasida dack structura. Ha notad that it is Hoilandar’s contantlon that thasa structuras hava baan in axistanca prior to Orono's adoption of its currant ordinancas and tharafora ara grandfatharad in. Ha raviawad photos of damaga dona to thasa structuras In 1987. Ha statad thay hava witnassas that can tastify to thair knowiadga of tha construction of thasa Improvamants. Ha axplainad thara was ranovation dona aftar tha storm damaga, but was maraly raconstruction of a portion of tha axisting gazabo. Tha dack wasn't damagad savaraly and did not raquirs much raconstruction. Ha axplainad that Mabusth has pointad out that tha parmit issuad in 1974 for tha addition of tha garaga, thara was an ordinanca that pravantad tha construction of principal rasidancas within 75' of tha iakashora and that is what tha varianca was for. A portion of tha addition was within that zona. Indritz assumad that bacausa thara wasn't an ordinanca govarning dacks within that zona, tha dack was not inciudad on tha sita plan. Additional construction was dona to tha principal structura, all of which was dona In conformity to tha ordinancas In affact at tha tima. Thara is no documantation on flla to show whan tha gazabo and Iakasida dack structura was constructad, but his cllant contends thay wara constructed in 1974. The parmit issuad In 1982 was to raconstruct tha principal rasldarca dastroyad by fire and to enclose tha dack araa and add additional decking. Mabusth notad that tha 1982 parmit allowed tha dack to ba anciosad. Sha axplainad that currently residents ara not allowed to increase tha intensity of a non-conforming structura, but back In 1982 thay wara aI lowed to do so. II tI e Johnson asked what raqulrad a parmit in 1974. p HXNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18. 1992 ZONING FILE 81737 -'CONT. Mabusth st8t«d th« g«z«bo and d«ck structure would not have bean subject to tha average takeshore setback at that time, but they were subject to the 75’ setback and hardcover standards and a building permit would have been required. Indritz asked why that was not noted on the inspection records at that time. Ha introduced John Cardwell who is aware that the structures have been there for at least 25 years; Walt Kindsudder worked on the 1982 renovation project; and Warren Hatheson worked with Hollander in building the deck in 1974. Rowiette remembered an addition to her house in 1974 and the restrictions in place at that time. She stated she found it hard to believe that the structures were approved to be built at that time. She sair' that she was on the property in the early 1970s and recalls the house with two decks and the screen porch. She said she did not remember the gazebo and laiceside deck being there. Cohen asked what the applicant is requesting as additional square footage. Habusth stated it consists of the gazebo and deck area. Indritz stated that there was a trade off for the garage, which was removed, and Hollander was allowed to construct a deck. He noted that because of the narrowness of the lot, virtually any construction is going to be in violation of the 75' zone. Cohen asked if Mr. Hollander had any other documentation for the construction of the gazebo in 1974. Hollander noted he has not found any documentation as such tc date. Cohen noted that to realize any capital gains on the property, he would have to have records showing improvements to the project. Hoi'ander stated that he has had two major catastrophes in the home in which many documents were lost. He said he can recollect building the structures in 1974. Cohen asked If there was any hardcover that could be removed In the 0-75’ zone. •! J MINUTES OF THE ORONO PLANNING CO#«ISSION MEETING HELD MAY 18. 1992 ZONING FILE 81737 - CONT. Hollander statAd that thara is a portion of plastic llnar adjacant to tha housa that could ba rafnovad. Bacausa of tha narrow lot, tha inprovamants naar fha ground naad to ba ratainad to pravant furthar arosion. In tha 75-250* zona, thara is a gravai araa that could ba ramovad bacausa tha garaga no iongar axists and thara is soma additional plastic that could ba ramovad ail which amounts to 530 a.f. basad on tha survayor'a calculation. Cohan askad If tha City has any racords of tha gazabo. Hoilandar notad that tha dabria shown on tha plcturas takan aftar tha 1987 storm was from tha gazabo. Tha landslida covarad ovar tha axisting dack structura and knockad down tha gazabo. Cohan askad if Hoilandar had any pictura from 1974 to 1987 showing tha gazabo. Hoilandar axplainad that tha fira dastroyad any plcturas that ha may hava had. CardwaM ramambarad that in 1982 ha was on tha proparty and racaiiad tha gazabo, which appaarad to hava baan thara for quita soma tima. Patarson notad that tha axisting datachad scraan porch is in naad of rapair and askad if it would ba possibla to ramova It all togathar. Rowlatta statad that tha Improvamants on tha lot hava Intansiflad. Indritz statad that his ciiant faala tha improvamants ara grandfatharad in, and notad that Hoilandar is willing to ramova tha 630 aquara fast of additional hardcovar. Rowlatta axplainad that any run-off from tha proparty ands up In tha I aka, which is damaging tha lake anvironmant. Johnson said ha raspactad Holiandar*s position, but fait thay should ba consistant with othar applications. Ha fait that a stair and landing portion would ba a minimum of what is naadad to gain accass to tha I aka. Ha fait that If parmit approval was sought In 1974, tha applicant probably would not hava racalvad tha approval naadad. Cohan clarified that a portion of tha dack and tha gazabo should ba ramovad. hihutes of the o«o;«MEETING ZONING FILE #1737 - CONT.ZONINO riuK wif-. - - - to tho I ok*. 2Srin*U*«V.*'! ^MVel’ITcu^rVd «ltV Johni^nVropo*.I• — ^ ^ ^ . ••• - - -— P,.,r.on ..K.d .b«ut «h. r«,«v.l of th. .cr..n.« ^reh. Tndrltz *t»t»d th»t th» front of bdVk* from runnln* into th. 1.;^.. HO not.d tHot Hon.no ^.ck •XI.tins »er..n.d porch in .«c itructur*. H.bu*th ..Id th. pl..tle .nd .er..n.d SuMh th. 0-75' ..tb.el< .r... wouirt b* about 2.6« i?:;:rthVt ^sn^thi ’ho*:..'" j;« [i "3 Vi’.T*?bV?;mic:"e?7* 11;^:;:%:-- :::/irrtir:ih.’^:.. not .n .ppropn.t. tr... off. RoHl.tt. »0'*^’%>;;”?hr,VpneVnt**Mk tiit "thlT M*pTle.tlon b.r.^.7^'rf"u^•t‘’h.vVon'.'^;.r.^‘’.on. .tabl®d Tor lur^nw. tndrltz .dv,..d th.t th.y concurr.d with th. t.blln, appiicat ion. „ ... «..< t, iVE;t"Vr.”r"y ~ .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . appMwan\ (.10) REPORT BY PLANNIMO COHHI88IOH REPRESENTATIVE Th*r* w*» no report.jnar* w«» nv -- (.11) REPORT BY THE LAKE USE COHHITTEE REPRESENTATIVE Th*r* w** no report.I f^a^® waa nw « «* (.12) REPORT BY THE FACILITIES COHHITTEE REPRESEHTATIVE There was no report. (#13) OTHER ISSUES REED « POND. LTD ATTOmiEVS AT LAW S424 tNOmUME MUVE PX MOUND. MNNOOtt SSSM-OOOf PNONt MK) <7^22a nui(tia)in-as4 MV L. DIMM I Mat Oetobor 6, 1992 tfm. Jmmn Habusth Building and Zoning Adainistrator Orono City Hall P. O. Box 66 Crystal Bay, Minnasota 55323 R£t Application No. 1737: 690 North Ara Road - Orono Oaar Ns. Habusth: Plaasa considar this lattar Hr. Hollandar's raviaad proposal for a raduction in axisting hardcovar as part of his application for a varianca froM tha City of Orono's lakashora satback and hardcovar ragulations. Hr. Hollandar also raguasts tha opportunity to provida a slida prasantation at tha upcoaing October 19 Planning Coasission Hearing. Survey, calculations and other docuaantation vara provided for tha initial Nay 18 Planning Coaaission aaating, and rafarancas ara aada in this lattar to those docuaants. Hr. Hollander's revised proposal is shown in survey fom in this subaission, and additional inforaation and docuaantation will be provided at tha Planning Coaaission aaating. This natter was tabled at tha initial Planning Coaaission hearing because of concerns over tha data of tha original construction of the deck and gazabo, and tha extant of tha hardcovar and satback variances requested. Haabars of tha Planning Coaaission requested docuaantation that tha deck and gazabo vara not built as part of tha reconstruction of tha 1987 **aaga stora" daaaga and requested a raduction in tha anount of hardcovar. Hr. Hollandar subaits this proposal in an effort to coaply with tha Comrission's request. As Hr. Hollandar is painfully aware, his lot would not be considered buildabla under currant Orono ordinances without being •St Ite. J««n Habusth October 6, 1992 Page 2 granted significant variances. The narrow depth and natural contour of the lot place great constraints on construction. Orono ordinances have put increasing restrictions on the sise and location of isproveaents, and have further ispacted this lot. As you pointed out in your staff report, previous construction had been penitted prior to or in accordance with regulations that are no longer in effect, and such of the isproveaents are nov considered non-confoming. Nr. Hollander requested a variance to add an attached garage with deck in 1974, resoving the existing, detached garage as a condition for the grant of the variance. In 1982 a najor fire dasaged such of the house, including, incidentally, such of the possible documentation of the original Iniilding of the deck and gasebo. Isproveaents to the house were made under permit as a result of the fire damage. In 1987, the "storm of the century" caused a landslide and approximately $100,000.00 in unreimbursed damage to the recently renovated house. Again, building permits were obtained for the reconstruction and have been provided in the Staff package. Recent review of the City's dociimentation disclosed that the detached deck and gazebo in question were not part of the previously issued building permits, and this natter was brought to your attention. As has been previously ao^ sdged, documentation in past years was often not *- as is done today. Furthermore, il^>rovements ' . «‘existing ordinances and regulations are now . .j uses under current zoning ordinances. Lack of ... .usentation does not conclusively establish that the deck ai.u gazebo are recent improvements. Mr. Hollander has been able to establish that the deck and gazebo are grandfathered, non-conforming structures under the current ordinances, and were not built after the 1987 storm damage. Copies of the Orono City Assessor's property cards refer to a 780 square foot deck in 1983. This is the approximate size of the current deck and gazebo as calculated by Mark Gronberg in the su.'vry submitted as part of this variance application, and much larger than any deck attached to the house. Copies of 1983 and 1984 valuation sheets showing both a deck and enclosed porch are attached. The City Assessor does not have any records prior to 1983. This documentation can only be interpreted as showing that the unattached deck existed in 1983, prior to the 1987 storm damage. Pictures of the storm damage, copies included, show the deck covered by mud and the remains of the gazebo structure. r t) Ms. JMn Mabusth October 6, 1992 Pag* 3 Hr. Mllandar haa baan abla to locata othar pra^stora picturaa ahowiiig tha fully coaplatad gasabo. Nr. Hollandar has also discovarad a photograph approxiaataly 10 yaars old shoaing his with his infant son on tha dack. This pictura is datad approxinataly 19S3. Affidavits of Haltar Klainstaubar, %fho workad on tha 1907 raconstruction and statas that tha dack was thara at that tiaa, and John Cardwall, a faaily friand who racalls socialising on tha dack in tha aarly 19t0's also su|^rt tha i^otographic avidancs. Tha stataaants of tha parson vho halpad build tha dack ara tha aost CMtelusiva avidanca of tha data of its construction. Warran Mathason appaarad at tha Nay IS Planning Conission Mating and has suppliad an Affidavit ragarding tha construction of tha dack. Ha spaclfically racalls building tha dack in 1974, batvaen tha garaga raaoval, rafarrad to abova, and a Dacasbar, 1974, broksn ankla. Tha dack and gasabo ara grandfathsrad undar Orono City Coda 110.03, Subd. 9: Non-Confoniing Usas. Any land or building «diich %»ara actually and lagally davotad to a non*confoniing usa on January 1, 1975, nay ba continuad in said non^conforning um pursuant to conditional usa pamit grantad as harainaftar spacifiad. Tha lakashora satback ordinanca in affact in 1974, Coda 110.03, Subd. 6(d)(1), affactiva Fabruary 14, 1974, Oi.iy rastrictad principla buildings fron baing locatad closar than 75 faat to tha natural ordinary highvatar Mrk of lakashora proparty. Accassory construction satback rastrictions flO.22, Subd. 1(b), was not affactiva until April 1, 1984. Hardcovar rastrictions vara also passad in 1984, flO.22, Subd. 2. At tha tlM tha dack and gasabo vara built 18 yaars ago, thay did not violata Orono's lakashora satback or hardcovar rastrictions. A varianca for tha dack and gazabo ara not substantial daviations from Orono policy bacausa of tha uniqua natura of this lot. As rafarrad to abova, tha house itself violates tha currant 75 foot lakashora satback and hardcovar raquiraMnts, although thay vara not in affact at tha tiM tha building vas constructed. Landscaping efforts, vhich add to tha hardcover calculations vara designed and constructed to slov erosion and restrict runoff into the lake, a najor purpose for which the hardcover ordinanca vas adopted. The retaining walls, boulder wall and sortar stone "vaterfall'* served to level the ground, slov runoff, and allow percolation of groundwater. construction drawings subnittad as Exhibit K in the original staff packet show a reduced slope, additional drainage, and a sand, gravel and rock footing under the Ms. J*an Habusth Octc^r 6, 1992 Pag« 4 bouldar rataining walls to proaota subsurfaca absorption. Although thasa isprovsasnts add 744 squara faat to tha hardcovar calculaticm, thay ara nacassary to slow arosion and control grouadiMtar runoff. Nr. Mllandar proposas ranovlng a portion of tha dack and tha gasabo, as wall as additional hardcovar. Tha ranovad portion of tha dack will ba convartad to a flowar bad, allowing parcolation. Tha old graval drivaway and plastic arosion control around tha hottsa will also ba ranovad. This providas a raduction of 912 squara faat of hardcovar, 449 squara faat in tha 79 foot to 290 foot satback sona and 3S9 squara faat in tha saro foot to 79 foot sono. A diagran of tha propoaad changas is includad. Hr. Hollandar baliavas that ha has a right to tha dack as a grandfatharad, non-conforming usa, but wishaa to work with tha City to rasolva this quastion. Nr. Hollandar is raquasting a varianer to coaply with currant City ordinanca raquiranants, and is willing to ranova a portion of tha dack and othar axisting hardcovar. Va hopa that tha City will appraciata tha dilanna Hr. Hollandar finds hiasalf in racognising tha pra-axisting construction and tha uniqua limitations of this lot in granting hin this varianca application. Vary truly yours. RESD ^PWD, Richard H. Indrits RNI:wll cc: Richard Hollandar J ^ion. Although tho hardcovor and control dock and tha ^ad portion of g pareolation *ol around tha tuction of tl2 rs foot to 250 oot to 75 foot :ha dock aa a ic with tha City ing a varianc'* and ia willing hardoovar. wa [ollandar flnda and tha unique a application - f *>. i' 'p- ; -: - i ' ■ ■ , —».— j,* >:*,iH. A ^ J*‘ ».,J»:• H , _.. «..V 11 ^’ Su rm • a a X •rr^ f /V* ' r> Mi. .u n 4 11 n opUi O (A (A 0 (/» I E 5 6 t/I' 1 # w# i»»ASSESSOnf OtVtCiCN • MIAL ESTATC OAT*... ji.ara«<€ 1 r:Bitivaiaat 1 IHUtlCR A«tr«^« 1n/,.i i-i-i:*-UT.-n^olL 0Ha« 2 3«aa 2 PliiTai 1 Paaf 2 '7*/"7 neiPICP^MTT AODitSS iaaa 1 Caaltag 3 Slttltacl 2 CONOlTiON ao»a4.»fAhJ-aiil ;)p imi iatn iAr>iA Iaaa ft Paaaltag 3 ricanaat 1 ;pJ-----------KT • -, , ------ Caaft 1 RtMOOCLEO ,—^ TRIM Caaft 2 U2-* fd IkiPkun Avftaga 2 Ttt 1 Maiftvaaft 1 Ataiiia 3 C. B. Art! faai 1 •a 2 Sattvaaft 2 Fmi ft C.F.Arta Isis.- LIGAL iijCtmiCi • HiT OUALITT 1 IMTEItOI Paiataft 1 Pmi S 2aft FL Arti C m« 1 ,Plltlfi 1 • Otiat ft LAND AifAiATUi&iTotin val IOUT 1 Avaiaga 2 |aaat«d 1 FLOOR Fta»ti|f «»*laf ^Yat 1 E Faat 3 Paaaliag 3 Raaft 1 (iuch.tjp^Oaf tl Vffnt C m^ }CONSTIUCTIOH ■a 2 ftiafiaca |TRr«i Cargat 2 DECK 1 Ataa C m! 1 —4 laMtary Want 1 All COHOlTlOKm^lOOM COUMT Marftvaaft 1 Otlai 1 Fiaarftria 7^0 1 Iriff. Siipa AvffJff Waal Ffaaa 2 Yai 1 -Tatal Raa«t laRwaaft 2 B a TNS(3 nO)PATIO Oa laia f tu S CHiai 1 la 2 '• afttatAft P aialaft 3 Fa II 1 Alta LMa Raliag P—9 1 IIT VAtlft MIa TimG 1 Faulty J-Oiftai ft 3/ft 2 PORCH Laafticapt S)Tt lATtltC Sfaaa 1 Mfi fatal 1 AiUita 1 ‘ A. A 1 1 FCOOf 1 2 3 Beaded f fftiaaai 1 j ftricl 2 Faical l»i 2^ctftai 1 ■ aaft 1 rath FLOOR Scttt^fft 2 i APARTmEN TS f 1 tnttt 2 !Stacca 3 Ciacmc 3 IIT FlOOl C art al 2 M Caraaic 1 Opaa 3 Total Uaitt Vf d Gaai 3 foal ft C'i«<ty ft KIT. Ia TImG 1 ra 3 Caipat 2 POOL 1 B.K. C a f ^ r A, a J I «ata< S —V Oifai 1 Ciiatiaai 1 Coactata ft 1 Otiiaf 3 Yft 1 'Z""> J I.R. ftil i *aaMaita ft ftftMT AllA vt'yGaaft 2 baths (1ST)B ath «ains la 2 31 R. ft jiaai 2 r.u 1 Staaftatft 3 f «ll 1 }CariAiC 1 j C a Ra CI EH. ftOOF TYFI I 3 ft 2 Sititaa^aift ft 3 ft 2 O’nai 2 III. mu RENTS AOJ. rtOP. IWFL.laasail 1 1 2 3 Ciialata 3 12 3 Raaa 3 Float Aria 0 Total Crait ftfttivt 1 i ua«lfa< 2 L ft ft 1r KIT. Ia TINC AKEA B ath FtOOf ■ath ratihc luPCf Carl 1 Bi/Uait 1 Ml# 3 Ctaal 1 fai 1 r Cataaic 1 j /Caaft 1 Caad'lioa 2 Bi/Uait i«iiti«f 3 i Cal!a ft 'Hal ft la 2 Caryal 2 Avaiifa 2 CAR. PLACEMENT 1 li'Uiil Cm vii«Flat S FiNtSHfD ISmT.KIT FLOOf Otaai 3 Poor 3 ’ Attl;tifft I EH'Uait .i J t Oaiaara ft i* . i]X Cifgfl 1 B ath HAtNS Ftftpiaca 1 Oatitt«aft 2 C.R.R. A—■■ Avtiagf 2 ;___J ■oor covta 1» ^ i lalaift RaHt 2 Ctfi«ic 1 /ROOM COUNT TriChvadci 3 % Eipaaia fttr 3 Slata Tilt 1 Otaai 3 Oiaai 2 1 Tatal Reoat INT. INSPECTED1 Cap. Raid kPcnykPPiki,loai 2 - ^ ^ Ala / ft Kl. COUNTER 1Noaa 3 * )a«i Ytt 1 -K:—-M vac. Rita CKClItal 1 •tc )KIT. Ia TINC Faisica I B ath Rating ]Rac. Reos Vary Cat! 2 ><Aigaail ft Cacallaal 1 Otaai 2 Caaft 1 1 3RD FLOOR MANUAL Gara|ts Aftfiia 3 1 VINOOVS Vary Caaft 2 KIT. CABINETS Avciiga 2 r B aths (3RD)Ytt 1 Balcaaiat w Fail ft Cisaaaat 1 Sliadarl 3 Caaft 1 Paai 3 r Frill 1 la 2 Pael Uailattraaia 1 Cll. Naag 2 lalslaadarl ft Avtraia 2 firepljca j£“1J/4 I ___________ Elfvitoii OUAUTV Clidart 3 Oltaiata 3 Paai 3 ROON COUNT 1/2 3 COMMENTS tfHtiaa 1 Aaaiog ft •}mT. Ia TNS KIT. CABINETS Tatal Roast BATH RATING Tiat: J Oalf* Appr. C---------1—--------r-------------r-~s:--------n------ Cicftlaat 2 MMMM Olftai 3 Fall 1 Hifftvoaft 1 Badfooat la Ct*« 1 __LZ— Al. Av|. Cical. 3 3 ft 2 1 Saftvoaft 2 A*trl|f 2 / --3S------------------------y- A"--------------------— Al. Avg. ft 1/2 3 Oilftf 3 Vi^ * . i'llUgAOHV—PtM )Fire, ----------- Afg. Al. Av|. S Ia TN FtOOf Oraing ROOM COUNT >vuLU Avataga ft Cciaaic 1 1 RilClti ±Tatal Rooat r * * — 31. Avg. Avf. 1 Caiaal 2 -f-Otaai Btdroeal ------------------------------------------- II • Ayga ft Ott^tf 3 Otlti 4 -oOQ01 to 0 F>- I MC2IMtU| COUNTY Of »ICN*)tmWASSeSSONS OtVISiON • AEAl ESTATE DATA •a Th wains tOUWWfNT 2ND Pi OON 1 rUNCTlONAt DNHNBN3NBCeam<_1l !^'sr'Nfc»si»or 1 JLi iNTfAi' A DfmOATlON 22* IQ-10 NUMBER 38 06-117-23 43 0002 i Oitw Oven Plaf»tr 1 <bl\)f Q7« 17' IQproperty adoresd Oo60 NORTH ARM OR 553 licf»e 1 CoonroB S‘Ye#HOia 2 CONDITION ZO* 54*. 10•ATMNATNW;I 1 fiier-^ 3 iRcehom 1 1 0OwitfR RICHARD C HOLLANDER It*** '^ AIT NCMOOILEO TNiM GwW 2 )U2 ‘ 16*r-LO-TAXPAYER RICHARD 0 HOLLANDER 3548 COLFAX AVE S 1 A*e'agf 2 Tes X HipeAeoc 1 Kve'ige 3 G • A'fi 1 51 *:jpOOr 3 i No Sr»’»nnd 2 f a*r 4 G f Arti 15 lalegal DESCRIPTION AUDITOR'S SUBDIVISION Nu.i LCT 001 oLOCR • SMT OUAllTV j INTfNiON epHHod 3 Pew S : Siory Area DOOL Good '2p>»».— 1 C rw 4 LAND AMA AATttAG tTOIIlfS NALVOUT 1 Avf 49 2 I S**er e^a X i 'lOO* i Acuai 5 J ■ EiceHem i No»rt)ff L 1 i.ari ’v ^00' 3 pw.-*, :• 1 |a .jO 1 1 fltfCliirt-----1-----------------------Bd Dfpm /. y t w Very Good 2 X -------------------------------------------t CONSTRUCTION No G frer ace TN im jc^'pef ?! NONCM A ea • • (M 3 Masonry H ' Is 1 ax N CONDITIONING NOOM COUNT i»-j ?Ac:Td X ^fnc rosed 2QQ hreg Shape Avrage *Mood FraiOf i X »es 1 XI ^e:a Aooms ^ Sei**ood t baths 12ND)iOoAlYty (h laM Fatr S 0 ’R«» 3 Nc 2 2 Painietf Jfi^, Scrftnod last Baling ^0<K •EIT MALLi 1 KEATING f V L' C“'>-OY^aiiiy 1 i andscape flTf ff ATIM Soot 1 ►-----------------»------------------------------ - — ■ ’ 1 NO! AaifT 1 F'Verr j PtOON 'W ' -J___________________________1i Open *wpsded Eiccpitonai i Gnca 2 I^o'.eCAi 2 X L N09C J BATMPtCON OoLk 75q bate 1 An iiicY Aje imt Eice»<eni 2 S'ucco ?tfCiT^c 3 1 ^ST FLOOR Ca Lf'X j Crarotc Duality 1 2 s Very GMd X Wood 4 X GrOv'iy 4 [ A iT NOTING 1 1 C/-;f L 1 POOL Goo4 ^1 Meiai 5 * {■Learnt f Toffr'e :| | Oi* f»ves 1 PLAT change t!)Comooi't'on 1 •SMT ANf A ^^oc ?baths pSTl 1 BATH WAINS Vo 2 X MifTimufTi f 7 full 1 X' S’.ar^carrt 3 X L : rr'> "»garage SuDsiaruSaf? 7 AOOP TVPI 3 4 ?, S.i!H'ar^dard 4 ! 3 4 . .4—................. ’ Oi‘ r ill Watts 4 GABSGE AND PONCH OUALJttii AOJ AAO^ INFl Vjnsard 1 1 2 3 Or?': fie ‘l'»___________N. -e floor Area 430 ECONOMIC Gambtfi 2 1 4 4 1 AIT eating ANEA | SATH FtOON tATH NOTING Number Con Good * t Average * 2 Poor • 3 DEPRECIATION H'P 3 C'4*i 5 ; Ves ’X Ceratvc |[ CiP tfl 'Oviat ’iy _2 0 Gaoie 4 X Sno 1 -----1 No r 1j Cf'rei jf.fage 2 GAN placement VIEW 5 riNTSHfOlSMT ANCA AIT FtOON Cl^er 2 Poc» 3 Attached t Good 1 X Dormers rOW»,i tt A • - / CJ' pel 1 BATH WAINS 4»rfpiafe Detached 2 AMtagt 2 ROOf COVEN Int/iT «oHs 2 X1 Ceramic * 1 NOOM COUNT Tuckundtr 3 X POAf 3 Slate Tile i n- 0rm V * » Oll»«r 3 Diner loiai Konms INT INSPECTED ARCH/Am At Wood 2 J AIT COUNTEN None Bedrooms TfS t X EiCtHOflt 1 PAG 3 AIT NATING Foim^a 1 BATH NOTING 0»^e»No 2 Vtfy Good 2 X Asp^at1 4 X fRCeHtrd T 0m«» 2 ,Good 1 X )RO fioon MANUAL A«r»9< 3 WINDOWS Good 2 hit CABINETS Avrage BATHS (3NO)ves T Ffttf 4 Casemeoi i X Sianoard 3 Gojd t Poor 3 fiiN No 2 X UndnraON 5 DM Hung 7 SnlH'a.HMrd 4 Averagt 2 X fireplace 5 3 4 QUALITY Gliders 3 ObsoNif 5 Poor 3 NOOM COUNT V'2 COMMENTS MinsiOft 1 Anfrng 4 •SMT lATHS AIT CABINETS T oial Aoomt o:Time ^ Date y Appr t Eictikol 2 Ol^ef 5 fuB HlrdoOOd 1 X^ Bedrooms 2 Goad 1 :s/)sy&4 . A5 A«9 Eicel 3 3 4 1 Sottnood 2 family 1 Avi'jgc 2 Ab Avb 4 X V2 Otivof 3 Ltvmg 1 Poor 3 -------T-------------------E--------------1—/N T t Av« Ab Av0 S • ATM PLOON D«n»ng 1 NOOM COUNT UJdL,s TtViitUi-/! pY^uittLicri Avcfa^f (CtramiC 1 Kitchen 1 Total Booms 1 > Bl Avg Avg 7 Carpet Olhff Beoroomt a-# .• : > * ^ ^T''l% .«V fff'T'x ■ -• §^« CI*HMUb Uocju^VfOtb£J2. ftis^ib Soo «• l*^*rH 'tbi£2l><- <Woti QA2CBO A^P^QXrM«*re-4.y •W -k:1.^ 4 >‘•'*4 ; 1^ 1* .' 'T ml Ul ?fr. 1^‘i V i^- n^- '• ■ _ - • . • • . r ^ ^ % > '^<1^ •m ^ A'- ' ,">*w vVr vfv >• \ •» T ll - ^ V -i:’’v \ -. V' ii 'Cl- 'S• - T'--:•' ; V- > \ ^ • •• iit« \'*-i ».• ^ V k tp jW^' ■U'-i/ * ^ »>v ":r > J.;i 'h ■ ^ • 4 - ly -----^ ^ -JWZ t ■♦♦V.3 >'*-•' V lk-Cai^S^Sbi. »->rS' • ' ^ * ,* • '- • - <» •‘^?v5 ALTiri' ■•'*-* >Qe j lO /3 v!)u tt) 0<r I p /) r»- 5o <r ■> % ^- T. V,- ;> - _</ # ^ % ^ r* - T- _ -si j ' • .V''" .- - ■>-••»■ Vv > C:- '•• *r• -^*1 M - ' i ^ % . • • " ^ ^ <ih»• -^ • * ’ A^' ^ • V*j •^ • .t7 /V M; ;/•■"• ^.vf'/^r-.-'.-r;'^; •',ll A' 4 j % » » , /v ^ t'* / » ^ . - '! " /^ ’.-'■« •.• i " •/• . .* ' it<\ Ir ^ 1 nt '■ ^ :. ■. ^ A'V I- -VXi^i5Bi|pav^*'«s^- ‘ ^: '•-'^ • - • ‘ '■ '''>' • * 2wT -^:i'.* -2'rM3 |i5- '}<' *-*>,< .V- •* ► t);>)cp '4i /? 4\n CITY OF OFOSO ZQIIIJIQ fXLS iiO. 1737 STATF or MINNESOTA ) ) ss COOHTT OF HENNEPIN ) AFFIDAVIT OF VALttA RiBHWTlUBBA Walter Kleinsteub«r, having b««n duly *vom upon oath, states as follows: 1. 2. That your Affiant lives at 240 Dupont Street, Long Lake, That I an familiar with the property located at 680 North Arm Drive, Orono, owned by Richard Hollander, having worked at the property and kno%m Mr. Hollander since Fall, 1982. 3, In 1982, I was employed by Brin Glass, which was hired to install mirrors, shower doors, and glass railings in the above referenced property as part of fire reconstruction. That was when I first net Mr. Hollander. 4, Work was done on his house in August or September, 1982, and I clearly remember that a deck and gazebo were located on the property's lower level at that time. FURTHER YOUR AFFIANT SAYETH NOT. DATE:Walter Kleinsteuber Subscribed and sworn to me before me this day of _ _ _ _ _ _,1992. Notary Public nowB N. momu mum Muc MiMiuon HENNEPIN COUNTY _ , I i Y Cltt OF OftOliO ■ZOinVQ FILE KO. 1737 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) UTFIDAVIT OF JOIN CARDWELL John Cardwoll, having been duly sworn upon oath, state* as follows: 1. That your Affiant is a friend of Richard Hollander, having known him for almost 25 years. 2. That this Affidavit is prepared for the sol* purpose of setting forth my first-hand knowledge of the deck and gazebo by the lakeshore at Mr. Hollander's house ct 680 North Arm Drive. 3. I have been out to Rich's house on many occasions over the years, and have seen many changes and improvements to the property. It is sometimes difficult to remember specific years when improvements were made, but I do know that the deck and gazebo have been there for well over ten years. 4. Specifically, I have a fond memory of spending some time down on the deck in the summer of 1982. Rich was having a party, after the rebuilding of his house because of the fire damage. I was attending with my future wife and left the party to wander down to the deck and sit in the gazebo. 5. At that time, I was aware that the deck and gazebo had been there for some time. It was not new construction that year. but had been built before - 1 - L 6. I do know that th* dock and gazebo are both acre than 10 years old, although I don't know specifically when they were built. FURTHER YOUR AFFIANT SAYETH HOT. DATE: Subscribed and sworn to before ae this ^ day of ^iWOl.', 19D2. Notary Publi 1 JJg nmeSSr - 2 - CITY or ORONO Sf.«NO FILE HO. 17 37 STATE OF MINNESOTA ) ) »s COUNTY OF HENNEPIN ) AFFIDAVIT OF WARREN NATNESON Warren Matheson, having been duly sworn upon oath, states as follows: 1. That your Affiant lives at 5341 Xenia Avenue North, Crystal, MN, and is enployed by B. T. fc A. Construction Company, Minneapolis. 2. That I first met Richard Hollander in 1971, when I was introduced to him by his then-next door neighbor, Silvia McCurdy. She did some administrative work for the company that I worked for, Schwartz Manufacturing, Lester Prairie, and I occasionally had to deliver some paper work to her. 3. Richard Hollander was doing some work on his house at the time, and we started talking. When I was laid off from my job. Rich Hollander hired me and we began working on some joint remodeling projects. 4. During sla '*.ime between remodeling projects. Rich had me do some work on his property, including building the deck down by the lakeshore in 1974. 5. I am very clear that the deck was built in Summer or Fall, 1974, because I can place it between two other notable events that year: building the addition to Riches house and moving the old garage, and breaking my ankle in January, 1975. - 1 - 6. 7. 8. 9. I helped Rich move his garage to the adjacent HcCurdy property in 1974. That time has been pinned dovn because of the building permit and variance on file. The garage was moved m before the deck was built. In January, 1975, I badly broke my ankle. I got home from the hospital just before the big blizzard of January 8, 1975, and couldn't work for almost 6 months. Before breaking my ankle, I was at a Christmas party at Rich's house. I remember going down to the deck to look at the gazebo, because I was not involved in building it. The deck, including the portion on which the gazebo stands, was built in piecemeal during the summer to fill time between remodeling projects. Wood was not very expensive, and we did the work ourselves. 10. The deck and gazebo have been around for a long time before the 1987 storm, and I can establish the date they were built as falling betwcer the moving of the garage and my broken ankle. FURTHER YOUR AFFIANT SAYETH NOT. DATE: ^^?Z Subsc this ribj^ed and sworn to me before me ^ WS.^g-_ _ _ _ _ _ _ _day of , 1992 Notary Public nCMAm N. MOfVTZ ■OTMVPUU IMiSOl HENNCPM COUNTY - 2 “ Mayol Ron Mov. n and Orono City Council ity Administrator Vromz Dates Subject Michael P. Gaffron, Asst Planning & Zonin(f’Adn«^istiflKipr November 3, 1992 #1764 Austin Evans# 255 Landmark Drive - Preliminary Plat Approval - Resolution Application: Request to split off a 2 acre building site from Lot 1# Block 1# Bayside Landing Zoning District: LR**1A# 2 acre minimum List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Resolution Planning Commission Action Notice 10/26/92 Planning Commission Minutes 10/19/92 Memo 4 Exhibits of 10/9/92 This is a proposed two lot subdivision to create one additional building site. The property is provided with municipal sewer as part of the Stubbs Bay Sewer Project. Lot data is as follows: Lot 1 (E)Lot 2 (W) Lot Area: Dry (Above 931.5') Flood Fringe (929.4*-931.5') Below 929.4' 2.06 ac 1 ac + Not Calc. 1.20 ac 0.92 ac 0.03 ac Total 4.30 ac 2.15 ac Lot Width;250' +500' + Area of Building Envelope;45#000 s.f.12#500 s The applicant is taking advantage of Municipal Code Section 10.55# Subdivision 15 (A) (3) which allows the use of credit for "flood fringe" lands when dividing sewered property. Applicant has provided the necessary 1 acre of dry buildable land in addition to acreage within the flood fringe that is creditable for a sewered lot being subdivided in the 2 acre zone. Lot width standards are met# and each of Lots 1 and 2 has a building envelope large enough to accommodate a residence. Planning Commission Recommendation The Planning Commission reviewer this application at its September 21 and October 19 meetings# and voted 7 to 0 to recommend approval per the following conditions: ii Zoning File #1764 November 5, 1992 Page 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Lot 1 shall access via Landmark Drive, The existing ^j^ivevay access onto Bayside load shall be regraded to eliminate all future access at that location before a building permit-can be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submisaior. to the City of an approved Hennepin County driveway access permit prior to final plat approval. The underlying Conservation and Flowage/Drainage Easement granted with the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. Prior to oreliminary plat approval by Councilr applicant shall declare which of Lots 1 or 2 shall be granted the lakeshore access via Outlot ^ of Bayside Landing, which will be documented in the final plat resolution. All construction shall adhere to the building envelope defined on the survey dated 8-28-92/revised 10-8-92. Applicant is advised of Municipal Code Section 10.03, Subds. 19, 20, and 21, which define the extent of filling and gradina that will be allowed for any residence developed on Lot 2. Council should certify which sub—area will be the basis the sewer connection charge for Lot 2. It is recommended that the previous assessment for one unit as part of the Bayside North sub-area be assigned to Lot 1, and that ^ be subject to a full unit connection charge as part of the Stubbs Bay Northwest sub-area, to be paid in an amount according to the City fee schedule at the time a building permit is issued for Lot 2. Applicant shall grant to the City a continuous 10' bike trail easement over the 10* drainage and utility easement adjacent to Bayside Road, and shall additionally pay the standard park fee less the value of said trail easement. (Note that the City's future development of the bike trail segment within the wetlands will require a variance). Granting of the standard Drainage & Utility Easements along all lot lines (10' along exterior lot lines, 5 along interior lot lines). The existing building foundation(s) on the property shall be removed. Outlot A (lake access lot) may not be used for parking of motor \ hides per the conditions of the covenants and special lot combination documents governii - said outlets. Zoning Pile #1764 November 5, 1992 Page 3 Staff Reccoaendaticm Staff reconuaends granting of preliminary plat approval to Austin Evans, 255 Lundmark Drive, per the attached resolution. Prior to adoption, applicant must verify which lot will have lake rights. m:'j sm ■ULAikinm iJiaAn 1 A RESOLOTIOa GRAHTIHG PRBLUaHAIiy APPHOVAL OP A TWO LOT PLAT FOR THE PROPERTY LOCATB) AT 255 lANDNARK DRIVE FILE HO. 17M HHERRASf Austin Evans (hereinafter "the applicant") on August 28# 1592 filed a formal subdivision application with the City of Orono (hereinafter "the City") for approval of a 2 lot residential plat of property legally described as Lot 1# Block 1# Bayside Landing# Hennepin County, Minnesota (hereinafter "the property")? and HHFREAS# after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq, and the City of Orono Zoning and PXanning Codes# the Orono Planning Commission held a public hearing on September 21# 1992 and October 19# 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 November 9# 1992# the Orono City Council considered the subdivision application and noted the following findings of fact? The property is located within the LR-IA Single Family Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2,Because the pi .perty is served with municipal sewer as part of the Stubbs Bay Municipal Sewer Project# the applicant is proposing to use 0.80 acres of wetland area defined as "flood fringe" as credit towards the required 2 acre dry buildable area requirement# as allowed in Zoning Code Section 10.55# Subd. 15 (A) (3). 3.The property contains a total of approximately 6.45 acres. Both the proposed residential lots meet the 2 acre area requirement as follows: Lot 1 Lot 2 2.06 acres dry 1.20 acres dry plus 0.92 acres creditable flood fringe; Total ■ 2.12 acres Page 1 of 6 i 4. 5. fi. 7. 9. Both lots ar« served with nuniclpal sewer. The property was assessed one sewer unit as part of the Bayside North sub-area within the Stubbs Bay Sewer Project, A second sewer unit will be collected as a connection charge at the tine of construction on Lot 2. Proposed Lot 1 is intended to be accessed via a driveway fron Landmark Drive. Proposed Lot 2 is intended to be accessed via a driveway directly onto Bayside Road (County Road 84). The existing direct driveway access from Lot I to Bayside Road is intended to be eliminated. No additional right-of-way is required for Bayside Road. The existing conservation and flowage/drainage easement over the designated wetlands on the property will remain in effect. The City will require granting of a continuous 10' bike trail easement over the south 10' of the property adjacent to Bayside Road* in addition to the standard park fee less the value of said trail easement. Both newly created lots have been found to meet the standards of Ordinance No. 101* 2nd Series* An Ordinance Establishing Regulations for the Management of Shorelands within the City. All proposed structures shall meet the required 75* setback from the 929.4 creek elevation* said creek being considered for setback and hardcover purposes as contiguous with Stubbs Bay. All proposed structures shall further meet the required 2<5' setback from the wetlands* the bounc'.ary of said wetlands defined as coincident with the boundary of the existing conservation and flowage easement* shown as a drainage easement on the underlying plat of Bayside Landing. Both lots have been found to meet the minimum standards of the LR-IA Lakeshore Residential Zoning District* and a single family residence can be constructed on each lot without the need for variances. 10. Only Lot __ shall be granted lakeshore access via Outlet A of Bayside Landing. Lot __ shall have no riparian access rights via Outlot A. Page 2 of 6 HOW, THBRBPORB BE IT RBSOLVBD, 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 Austin Evans per the survey dated 8-20-92, revised 9-18-92 and 10-8-92, by Mark S. Gronberg of Coffli- and Gronberg, Inc. subject to the following conditions: 1. 2. 3. 4. 5. 6. Lot 1 shall gain access via Landmark Drive and shall remain subject to the covenants and obligations associated with that private road. The existing driveway access from Lot 1 onto Bayside Road shall be regraded to the satisfaction of the City to eliminate all future access at that location before a building permit will be issued for Lot 1. Lot 2 shall gain access to County Road 04 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. The underlying conservation and flowage easment shown as "drainage easement* on the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. Lot is granted lakeshore access via Outlet A of Bayside Landing and shall be subject to the existing covenants and restriction regarding jaid outlet. Lot shall have no lake access via Outlet A. Applicant is advised that Outlot A may not be used for parking of motor vehicles per the conditions of the covenants and special lot combination documents governing said outlot. The existing building foundations on proposed Lot 1 shall be removed within 6 months of the date of final plat approval, or prior to issuance of a Certificate of Occupancy for a new residence on Lot 1, whichever comes first. All construction shall be within the building envelopes defined on the preliminary plat drawing dated 8-28-92/revised 10-8-92, The extent of grading and filling that will be allowed for any residence developed on Lot 2 shall be regulated by the pertinent requirements of Municipal Code Section 10.03, Subdivisions 19, 20 and 21. Page 3 of 6 7« Applicant shall grant the standard drainage and utility easements along all lot lines (10* along exterior lot lines* 5* along interior lot lines). 8. Applicant shall grant to the City a 10* bike trail easement over the south 10* of the property adjacent to Dayside Road* and shall additionally pay the standard park fee less the value of said trail easement. 9. The previous one unit sewer assessment as part of the Bayside North sub-area of the Stubbs Bay Sewer Project shall be assigned to Lot 1. One unit connection charge as part of the Stubbs Bay Northwest sub-area shall be paid for Lot 2 at the time building permit is issued for Lot 2, in an amount according to the City fee schedule at that time. 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 and Gronberg* Inc. dated 8-28-92/revised 10/8/92. B. Dedication of drainage and utility easements 10* wide along all perimeter property lines and 5* each side of internal property lines - omit along the creek and wetlands. C. Designation and dedication of a drainage easement over the wetlands and drainageways within Lots 1 and 2 per the underlying conservation and flowage easement dedicated with the plat of Bayside Landing. The conservation and flowage easements shall be carried on and documented in any documents that transfer' title to the property. Page 4 of 6 2. LEGAL DOCUMENTS r«quir#dl A. Title opinion addressed to the City. All owners, mortgage holders or others with p’-operty 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 casements currently affecting the property. C. Executed bike trail easements. City to provide doctiment. 3. FEES TO BE PAID: Total Due $200.00* A. Legal review and filing fees of $200.00 *B. Park Commission has determined that a park fee will be required in addition to dedication of the bike trail easement. The City Assessor has been asked to determine the fair market value of the undeveloped lands within the subdivision so that a park dedication fee can be determined. The park fee shall be adjusted to exclude the value of the bike trail easement. Applicant will be advised as soon as Rr1f Erickson, the City Assessor, has submitted his findings. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting^held this 9th day of November, 1992. ATTEST; Dorothy M. Hallxn, City Clerk Barbara A. Peterson, Mayor Page 5 of 6 STATE OF MINNESOTA ) ) sa. COUNTY or HENNEPIN ) Th« foregoing inatruaient wat acknowledged before tto on thia 9th day of Novenber* 1992# by Barbara A. Peterson t Dorothy M. Ralllnn Mayor « City Clerk of the City of Orono, a Minnesota municipal corporation and said instruawnt was executed on behalf of the City. Notary Public Page 6 of 6 CITT OF OROMO F. O. Box (6 Crystal Bay, MN 473-7357 SS323 lONING PILE §1764 MOTICB OP PLAHMIliG COHNISSIOM BCflOM Date of Notice: 10/24/92 TO: Austin Evans 1405 Kingsview Lane PlysKJuth, MN 55447 COPIES TO: TtPB OP APPLICATIOII: Subdivision DATE OP NBETIRG: 10/19/92 VOTES 7 For 0 Against Plasmlng OsBHission recosiaenda the followings Approval subject to conditions noted belov* BOTES ABD SPECIAL COBDITIOBS: Planning Cosunission recommended approval of the preliminary plat subject to the • conditions noted in the October 9, 1992 staff sieiRO, adding a condition that the existing building foundation(s) on the property be removed, and reiterating that Outlot A (lake access lot) may not be used for parking of motor vehicles per the conditions of the covenants and special lot combination documents governing said outlot. Applicant's next scheduled meeting is confirmed as: City Council Monday, November 9, 1992? meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. TD: Date: Chairinan Kelley and Planning Coinnission Members Ron Moorse, City Administrator Pm: Michael P. Gaffron, Asst. Planning t Zoning Administrator October 9, 1992 Subject: #1764 Austin Evans, 255 Landmark Drive - Preliminary Subdivision - Continuation of Public Hearing List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Discussion Revised Survey Planning Comaision Action Notice 9-23-92 Planning Conwission Minutes 9-21-92 Memo and Exhibits of 9-18-92 After discussions with the DNR, applicant’s engineer, and the City Engineer, staff has concluded that it would he appropriate in this case to credit as "flood fringe" area portions of the wetland above the 929.4* elevation contour. Also, DNR staff indicated that they would not necessarily consider that the shoreline of Stubbs Bay continues through the culvert, and left it to the City's discretion as to whether we should treat it as such. I have taken the conservative approach and asked the surveyor to define a 75* setback from the 929.4' contour line on both Lots 1 and 2. Based on the above, proposed Lot 1 contains 2.06 dry bulldable acres; proposed Lot 2 contains 1,20 acres above the 931.5' elevation, with an additional 0.92 acres creditable above the 929.4' contour, for a total lot area of 2.12 acres above the 929.4' elevation. This would appear to meet the intent of Section 10.55, Subd. 15 (A-3) regarding credit for flood fringe lands. The resultlnn building envelope for Lot 2 ranges from 60' to 120' in width and 120' in depth, ample room for development of a residence. Additional Factors Following are additional points noted in the September 10th memo: 1. The property is served with sewer but was assessed only one unit as part of the Bayside North project, and this assessment would logically be assigned to Lot 1. A sewer stub can easily be provided to serve Lot 2. Note that the sewer unit for Lot 2 would be charged the full unit price not the reduced price, since the lot is not buildable without sewer. This connection charge would be collected at the time a building permit is issued for Lot 2. Council Zoning File #1764 October 9, 1992 Page 2 2. 3. 4. 5. Staff Re fflust deteriaine whether Lot 2’» connection charge will be based on the Bayside North sub-area rate, or as part of the Stubbs Bay Northwest sub-area. Since Lot 2 will connect directly to the trunk rather than the Bayside North lateral, it justifiably is part of the Stubbs Bay Northwest project and should pay the full Stubbs Bay Northwest unit rate. (Note that the 9-18-92 nemo indicated no payment for second unit would be due until the second house is built. Further discussion with the Finance Department indicated in this situation that would not be applicable). The Park Commission has requested the standard park dedication fee plus a 10' bike trail easement over the 10' drainage and utility easement adjacent to Bayside Road. The park fee would be adjusted to compensate for the easement. Hennepin County Department of Transportion has verbally indicated they would approve a driveway location located adjacent to the building envelope. Applicant should be advised to make a formal application to Hennepin County for an access permit, such permit to be obtained prior to final plat approval. The City is requesting an easement t).ough Lot 1 for municipal sewer lines extending northwestwjard to serve the house at 185 Landmark Drive. Applicant is requested to finalize the easement at the earliest possible date in order that sewer construction can commence immediately. As noted in the September 18th memo, applicant should designate which lot will be assigned the existing lake access rights. ndaticn Staff recommends k^pproval of the subdivision as proposed, subject to the following conditionss 1.Lot 1 shall access via Landmark Drive. The existing driveway access onto Bayside Road shall be regraded to eliminate all future access at that location before a building permit can be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. 2.The underlying Conservation and Flowage/Drainage Easement granted with the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. Zoning File #1764 October 9, 1992 Page 3 3. 4. 5. 6. 7. 8. Prior to preliminary plat approval by Council, applicant shall declare which of Lots 1 or 2 shall be granted the laXeshore access via Outlet A of Bayside Landing, which will be documented in the final plat resolution. All construction shall adhere to the building envelope defined on the survev dated 8-28-92/revised 10-8-92. Applicant is advised of Municipal Code Section 10.03, Subds. '9, 20, and 21, which define the extent of filling and grading that will be allowed for any residence developed on Lot 2. Council should certify which sub-area will be the basis for the sewer connection charge for Lot 2. Tt is recommended that the previous assessment for one unit as part of the Bayside North sub-area be assigned to Lot 1, and that Lot 2 be subject to a full unit connection charge as part of the Stubbs Lay Northwest sub-area, to be paid in an amount according to the City fee schedule at the time a building permit is issued for Lot 2. Applicant shall grant to the City a 10' bike trail easement over the 10' drainage and utility easement adjacent to Bayside Road, and shall additionally pay the standard park fee less the value of said trail easement. Granting of the standard Drainage 6 Utility EaLements along all lot lines (10* along exterior lot lines, 5' along interior lot lines). i ( 9*rt99i PROPOSED SUBDIVISION FOR AUSTIN EVANS OF LOT 1 BIX)CK X BAYSIDE LANDING HENNEPIN COUNTY. MINNESOTA This survey Intends to shov the boundaries of the above described property. It does not purport to show any other improveraents or encroachmentS. o : Iron marker . Spot tf levdlioti, me<in sea level dalum Bearings shown are based upon an assumed datum. CITY OP OROMO P. O. Box 66 Crystal Bay, HN 473-7357 55323 20HIHG PILE #1764 MOTICB OP PIAMMING COMMISSION ACTION Date of Notice* 9/23/92 TO: Austin Evans 1405 Kingsview Lane Plymouth, MN 55447 COPIES TO: TYPE OP APPLICATION: Subdivision DATE OF MEETING: 9/21/92 VOTE: 7 For 0 Against Planning CnBlssion recoMaenda the followings Tabled for reasons noted below NOTES AMD SPECIAL CONDITICBIS: Tabled at applicant's request for further discussions with staff. Please contact Mike Gaffron (473-7357) to go over the 9/18/92 memo and additional information needed to proceed with the review. Applicant's next scheduled meeting is confirmed as: Planning Commission October 19, 1992; meeting starts at 7:00 p.m. Boy e^OtAin«a mat ina City appro ej a iTia anu counu* ut vision, but It was not racorded at the County corractly. He Is I r. the process of trying to work that Issue out. Chair Kelley felt that septic testing for the site may determine where the property boundaries should be p'aced. It was moved by Chair Kelley, seconded by Cohen, to table Application #1762 Paul W. Boyke, 793 North Ferndale Road, pending septic test Information. Ayes 7, nays 0. (#2) »1764 AUSTIN EVANS. 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:42 - 7:50 P.M. The Affidav11 of Pub I I cat Ion and Cert IfI cate of Mailing were noted. Austin Evans was pre #nt. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONIN'; FILE #1764 - CONT. Gaffron explained that an outlet was established providing lakeshore access to the lots In this development. He noted staff reconwiends that only one of the two lots In this proposal gain access from the outlet to the lake. He reviewed the Issue of flood fringe areas, and stated the Planning Commlsaion needs to determine whether to treat this property as a flood fringe or wetland. Evans requested the application be tabled until he has discussed the ramifications with staff. It was moved by Cohen, seconded by Rowlette, to table Application #1764 Austin Evans, 255 Landmark Drive, to allow the applicant time to discuss the proposal with staff. Ayes 7, nays 0. John Thiessa, 3845 Bayside Road, stated he has no objection to the proposal, but asked that the deeded lake rights remain with the lot on the cul-de-sac. Rowlette asked that only one of the lots within the proposal be allowed lake access through the outlot. (#3) #1521 TERRY & JONELL JOHNSON, 1045 LINDEN LANE - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:15 - 7:40 P.M. Mr. and Mrs. Johnson were present. Gaffron explained this curr»'nt proposal Is being referred to as Plan “D". The application was first brought before the Planning Commission about 1 1/2 years ago. The plan Includes a garage 0^ tm ^ 0-i 0m ^ ^ ^4 0% 0m t, TO: Frcui: Date: Subject: Chairman Kelley and Planning Commission Members Mayor Peterson and Orono City Council Ron Moorse* City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator September 18, 1,9 9Q» 11764 Austin Evans, 255 Landmark Drive - Preliminary Subdivision - Public Hearing Application: Request to split off a 2 acre building site from lot 1, Block 1, Bayside Landing. Sooing District: LR>1A, 2 acre minimum. Pertinent Pacta Lot Area:Dry Wetland Total Lot Width: List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Issues Lot 1 (House) 2.06 Ac. 2.24 Ac. TTlff Ac. 250'-^ Lot 2 (New) 1.20 Ac. 0.95 Ac. 77TS Ac. 520'-^ Application Plat Map Property Owners List Survey Comments from City Engineer Copy of Section 10.55, Subd. 15(A-3) and Flood Pringe/Floodway Definitions 1. Section 10.55, Subd. 15(A-3) allows (for unsewered property) a density credit for "flood fringe" lands equivalent to the amount of dry land, to meet the acreage requirement. Applicant proposes to credit .95 acres of '"’ood fringe with 1.20 acres of dry buildable land to meet the 2 acre requirement for Lot 2. 2. Few subdivisions in staff's recollection have made use of this code section since its adoption in 1979. In perhaps two or three cases, existing lots of record have used the wetland credit for sewered property. Staff has initiated discussions with the applicant's engineer, the City Engineer, and the DNR in attempting to determine whether all of the proposed wetland area to be credited falls within the definition of "flood fringe". Flood Fringe is defined as the area between the floodway elevation (not strictly defined for this wetland as of this Zoning Pile 11764 September 18, 1992 Page 2 qi- cA 5. writing) and the flood plain elevation (established at elevation 931.5 based on the culvert, contiguity with Stubbs Bay). If the floodway ia defined at an elevation near 930.0 or higher, the flood fringe credit SMy not be available. 3. Under the assumption that enough flood fringe area is available to meet the 2 acre lot area requirement, the proposed lot boundaries allow for adequate area and width for this to be a legitimate building site, although it at first viewing would be perceived as relatively low land. There is a IDtely buildable envelope approximately 120* deep and 130* wide. One other unresolved concern is, if the 929.4 contour continues from Stubbs Bay through the culvert and up the creek, whether a 75* setback must be required. If so, this would reduce the building envelope width to perhaps 115', still leaving substantial area to develop a residence. 4. The property abuts municipal sewer, and is within the MUSA boundary as recently amended. Only one sewer unit was assessed to the property, intending to serve Lot 1. A stub can easily be provided to serve Lot 2. #JC?re ; c_p f City policy is to collect the second sewer unit at the time a building permit is issued for the second residence on the property, regardless of which lot the second house i^s built on. /Vvt. f- The Orono Park Commission has requested that, in addition to the standard park dedication fee, a 10* bike trai1 easement be granted over the 10* drainage and utility easement adjacent to Bayside Road. The park fee would be adjusted to compensate for the easement. 6. A copy of the proposed plat has been forward to Hennepin County Department of Transportation for review of a driveway location for Lot 2. We have no response as of .this writing. The City Engineer notes a potential concern on driveway location and sight distance, hence any recommendation for approval must be contingent on driveway location approval from Hennepin County. 7. The City has requested an easement through Lot 1 for municipal sewer lines extending northwestward to serve the house at 185 Landmark Drive. The originally proposed easement location was down the old driveway corridor through the center of the lot. Applicant has discussed with Public Works a relocation of that easement to reduce the impact on Lot I's building site. 8. Since Bayside Road is considered a scenic parkway but not an arterial road within the Comprehensive Plan, there is no requirement that access to Lot 2 be provided by an interior roadway system. loning File 9X764 Septeaber lt» 1992 Page 3 Regarding lake accessr recall that this property was one of tvo lota gaining access to Stubbs Bay via Out lot A of Bayside Landing, based on the shoreline width. Under the new Shoreland Regulations, the definition of lot width would be a straight lire and only one of the Bayside Landing lots would have gained riparian access. For this reason, it is staff's recommendation that no additional lots can gain lake access over Outlot A, but Mr. Evans should be given the choice as to whether Lot 1 or Lot 2 is assigned the existing access rights. Staff Bern—c ndition Given the unresolved issues of the creditable flood fringe area, the location of the 929,4 as it continues through the culvert, and the question regarding driveway location, staff would recosonend tabling of this request. Since this is a public hearing, public comments should be heatd and any additional issues found by the Planning Cominission should be brought to the attention of the applicant. yr/p:i K I t) •/I. ^ ! 'i —nw : I V ^1 ' i‘?H V 1 S» 7 7?)1 n \ #« •1.f'7 •» ■• /T 1 ■ ........ 1 «• t-9;n ‘«) if II *i r 9 NO w ^ n^pw* -m 1 1 !■ ^ _JJ f V . \ •' ' H t' f i 1 f **•1* 1 » " ■ _ ■ 1 1 ,.V f*y (>•” *Oo 'ty. ^--3LA ; «TIT .a • 'rf -La — -H -^'*•t::—r"'" t* * •• 9 $ f ^ % * « f • ' • « M • • K • t (f ilk «*« rui^ !TT «• H # r •4» » 9*% « •6f • ^ T . M / i ; •?) • •./ <•.-->k j 1 '' <• f // 7 ‘ :■;? '-^ mM DAT!furtu 002raOP ADOtl <0lt€A NAhl TAXPiYfONAHi/AOOa OltCt HAHi TAXPAYtR Nim/ADOfI raop Aoo« oiMK mm TAXFAYfl HAHE/AOOO POOP AOOO OltlEO HAHE TAXPAYER NAIC/ADOH PIK^ AOOO OI#4E0 NAME TAXPAYER NAHE/ADOR PROP ADOR OltCR NAHE TAXPAYER HAME/AOOR WEftCPW county property iwrOHATION SY5TEN PROPfirt QMNERS USTM RS-llT-n n 0005 057M MY5I0E RO NAZE I ANDERSON NAZE I ANDERSON S700 RAYSIK n LONG lAPE m SSS5A SO 05-llT-TS ZZ OROr OS500 OATSIOE RD mCNAU 6 rilORAHOT HlCHAEl FllORANDT S^ OAYSIDE RO HAPIE PLAIN »ti S5SS5 $0 05*1I7-IS 22 OOil 00175 LANDNAPE DR L C HARREN A J M NARREN LEE C t JULIE H NARREN 175 lANOMARK DR L©C UM m 55354 SO 05-117-2S 2S 0005 0S545 OAYSIDE RO , FRED OlANCH JR FRED OlArCN JR 3545 OAYSIDE RO LONG LAKE MN 55354 SO 05-117-2S 2S 03065 OAYSIDE RO OAR DIANIS DAVID DIANIS 575 N E PLANTATION RO t^lON STUART FL 34556 30 05-117-23 23 0011 00324 UESTIARE ST C E HILLER ETAL OLAKE H DICHANICM 324 HE5TLAKE ST lota; lake HN 55356 30 05-117-21 21 0015OS750 OAYSIOf n JOHN OUPOER ETAL JQMM OURl^CR S750 PAYSIDf 00 LONG LAAE m 55356 30 05-117-23 22 00105 lANOHARR OR PtTT^ mi€R ET Ai RlCftARO F A RATNtEEN A RYIE 105 LANONARR M LONG lake HN 55356 05-117-23 22 0012 ADDRESS UNASSIQNiO OETTY I HIHER PAUL SNAKSON At»>RESS UNRNGitI 38 05-117-23 25 0004 03045 OAYSIDE RO J 0 TN1E5SF ASA TMIESSf JOHN 0 A SHERRI A THIESSE 3845 OAYSIDE RO LONG LARI HN 55354 30 05-117-23 23 0005 03855 8AYS10E RO C J HEZZENGA A E R HEZZEN0A CHRISTOPHER/EUGENTA HEZZENGA S85S OAYSIDE ROAD LONG LARE HN 55356 38 05-117-23 23 0012 00332 HESTLARE ST F E LOHRY ETAL BLARE H BICHANICN 532 WESTLAKE ST LONG LARE Itl 55356 RtPORT NO. P1635401 PACE 130 05-117-23 2200038 ADDRESS UNASSIt^D N G A S R FllBRANOT HICRAEL FILBRMrr 35«»0 OAYStOi RO HAPIE PLAIN m 553S5 05-117-23 22 0010 ^5 I AfRNIARR OR VlCRIf J ROS.' VICRlf J ROSS 55 LAN01ARR OR LONG LARI HN 55S54 30 05-117-?! 22 0013 00040 Aoorcss UNASS1GI«0 CARY N A Vtf RIE J ROSS GARY N A VICRIE J ROSS 40 SHITN AVI NAY2ATA HN 55351 58 05-117-2S 2S 0007 05855 BAYSIDf RO PEGGY PETERSON PEGGY PETERSON 5855 OAYSIDE RO LONG LARE HN 55556 58 05-117-23 23 0010 00038 ADORESS UNASSIGNEO D A R DIANIS DAVID DIANIS 574 NE PLANTATIOM TO 141W STUART FL 54446 58 05-117-25 23 0013 00340 NESTIAKE ST C STENDERSON A C NARRER CARL STENDERSON 5112 NOOOLAHN AVE NAYZATA MN 55541 MUM 9ATE BATCH 992oitcR nmeTAXRAVEIIn«ic/AiHaiMOR UOR OWCR MWC TA9ATCR NAME/AOOR RROR ASM atcR mm TAXPAYER HUK./Um PROP AlffiR n««R NAfC lAXPAYfR NAME/AOOR PROP ADOR OMKR HAHI TAXPAYER NAtS/AOOR WttCPM COUNTY PROPTRTV tWORMATION STSTEH PROPERTY OMNKRS tlST58 eS*117-2S 25 ROU •OSAO *«STtAYC ST R ■ KARSt A P A HARSH RORfRIC R HARSH A PATRICIA A HARSH 5AR NESTIARE ST LOrit LAKE m S555A5R RS-117-2S 25 0025 0005R AIMHKSS UNASSIGNIO R A R OISEN nNALO 6 oisni 5A1 NEST IMC ST Lore LAKE HN S5554 5S 05*117-25 25 0054> R02SS lANOHARR OR A H EVAtiS A 0 EVANS AUSTIN M A DIANE IVANS 1A05 RINGSVIEN LA PIVHOUTH m 55AA7 58 05-117-25 20 0100 00058 AOORESS UNASSIMO SAC GARDINER STEVE GAROINER 5770 BAYSIOE RO LONG LAKE 104 55550 58 05-117-25 2A 0105 00050 AOORESS UHASSIOCO SAC GAROINER STEVE GARDINER 5770 BAYSIOE RO LONG LAM MN S555A SR 05-117-25 25 0021 OOSOP NESUAM ST G S PERI A 0 J PERL GREGG S I PETTI J PERL 50« M lAAl ST LONG LAM ttl 5555858 CS-117-25 25 002*00581 MESUAKE ST ROIttLD G A HMIE R CN^OM RCNALO OLSEN 1405 RIMGSVIEH LA PLYNOUTM HN 55447 50 R5-117-2S 25 005$ 00058 AOCSESS UIASSIQCO A H EVANS A 0 EVANS AUSTIN H A DIANE EVAtC 1405 KINGSVIEN LA PLTHOUTH HN 55447 58 05-117-25 24 0101 05770 BAYSIOE RO SAC GASOIISR STEVE GAROINER 5770 BAYSIOE RO LONG LAKE NN 55554 58 05-117-25 24 0111 05775 BAYSIOE RO G R * CE ROMICTTE GERALD L ROMLEITE 5775 BAYSIOE RO LONG LAKE rt4 55554 REPORT W. P141S401 P4CE %50 05-117-21 25 002200525 MISTLAKE ST RAO OLSEN ROHALO 8 01 TEN 54; WEST LAKE ST LONG lake 104 5555450 05-117-25 25 001500058 ADDRESS UNASSt(?SQ HICMAEL G mORANOT HICHAEL rilORANOT S«40 BAYSIOE RO HAPLt PLAIN MN 55554 58 05-117-25 21 0014 00050 AOORESS UNASSIGNEO 1ST or ANOREN HIMIt CITY or OROND PO BOX 44 CRYSTAL BAY HN 55I5« 58 05-117-25 24 0102 00058 AOORESS UUSSI0CO SAC GAROINER SnVE GARDirCR 5770 BAYSIOE RO LONG LAKE H4 55554 \ TOTAL tATCM 002 00052 ; • «ICCAt DCSCXI^TIO^I or FKCWISCSi lot I. IIOCI 1, lATSlOC UOOliia Tfili lurwcy inttnds to shov iht boundtMts of tbo ibovt Otscrlbtd proptrl/* It dots not purport to show tny othtr laproviiionts Of tocroictminti. 0 Iron «irktr : Spot •lovitlofl. fittn itt Itvtl ditua StiriAOi shown trt btitd upon tn tsiuntd dttua. • • * . "• t * »■ •# # • , PBICNIDft uvvacsN OATl orvcurm#^ UOAWNSY • • ;• • • « » COmN & GRONBERC. iNf. Ci»i'iiltiii<; ln^nurK, Liinl Siirtwr>. >/),• i‘l,inna< 4.S2 I.mwr.uk A\mio • I img Likv, M\ 5335<i ()l24r34l4i I hrrrtMMrrtifv m prrp«fitJ b\ irir or urnWi mirdimttO|^r »4nd a»jl I jm 4 duljr irgislt irU Civil f nj{inrf» Und Suivryu ur^ f itif Uvr« id thr Suit ul MtfuirvuU Mail b (•rynhrfg Mmnavnii I m n^r Nuipbcf 12755 VI Ail. IMII e ts n mt MO Bonestroo Rosene Anderlik & Associates Engineers A Architects September 17. 1992 Mr. ’.like Gaffron Cii; of Orono P.6. Boi 66 Crystal Bay. MN 5.^.123 Rc: #1764 Austin Evans Subdisiskm File Nt>. 139.1764 Dear Mike: Omt C •k-rsrwmn *f » A •hiT’ # ^ • ji. 4-1*- C "Wmr f Cant n #s t ^ s.' k**u*^c^ Wftjr M ap>«r CPA A n Af A Pf 0<«eA O uowd# Pf C iLofA A A .sp^, • fc^uripr- »f ny Pf AA *MP ’ Pf « »•« Pf t Ar’njroe A « C Pf f Ar>^ Pf Ga TA • Pvt«nd»> Pf Pf P Pf A#nrs M »f'vj ♦ • Sk AWTApn »f VA*^C Pf •APAP f Pf ^ C pf AT'^ntr* p A*x»»mjr pf AAr« t Ad #S Pf Mata a %pb Pf \» IWtor«n Pf Of»Af» J Pf P^ i C jmmp« pf fAar% O \A<»>rv Pf • JT' rf- Pf l P^ »A* JV Pvp. • Pf . A Pf • ’boo »C«Pr Pf i»AP t Aigp Pf f'AUAn O 'ViAUfAiar* Pf C p Ae Ov^ Pf C"^pr^ A ;jc M P>i»iM> NiW*P M 0««sn ■ fngp4>jp# We have reviewed the propi>sed subdisnsion of Lot 1. Blwk 1. Bayside Landing addition on the Austin Evans property, located along the north side of Bayside Road (Co. Rd. No. 84). Subsequent OUT site inspection, there arc several engineermg issues that should be noted. The buildable property is located on the fringe of a large Type 2 wetland, or "Inland Fresh Meadow ”. This ty pe of wetland usually has some standing water in the spring, hut rarely in the summer except following heavy rains. The wetland is regulated by the U.S. Array Corps of Engineers (COE) and falls under the Wetland Conservatiim .*..n of 1991. This area is also located within the tlivdplain of Lake Minnetonka (HW’L 931.5). Minnehaha Creek Watershed, COE, and Wetland Conservation Act permits will be required if any fill is to be placed within t*'e flwdplain and wetland. llie driveway’ locations should be determined at this time. The Hennepin County Public Works Department should review these locations as an access permit will eventually be required. The locations will be subject to poor vehicle sight distance due to the vertical and horizontal curvature of Bayside Road. Sanitary' sewer is proposed to be constructed within the next month to serve this property and one adjacent lot to the north and west. Die sewer manhole and a stub outside of Bayside Road arc already constructed. The stub is located at the existing gravel driveway that runs through Lot 1. A twenty fixit wide utility ea.scment and a fifty fix»t wide con.struction ca,sement should be provided along the center ot the existing driveway, extending to the north property line. Lot 1 will be serviced rff this lateral line. Lot 2 can be serviced off of the trunk line located along the north side of Bavsidc Road. The existing 24 inch culvert should be shown on the site plan and the 930 contour shculd bt continued. Please contact me at this office if you have any questions. Yours very truly, BONESTROO. ROSENE, ANDERLIK & y\SSOCIATES. INC. Shawn D. Gustafstm. P.E. SDG;lk 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 § 10.55 facilities. Subd. 13. City Deter.tiination. Based upon the technical evaluation of the designated engineer or expert, and based upon the factors listed above, the City shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. Subd. 14. Condition^ Attached to Conditional Use Permits. Upon consideration of the factors listed above and the Durposes of this Section, the City may attach such conditions to the granting of a conditional use permit as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: A. Modification of waste disposal and water supply B. Limitations on period of use, occupancy and operation.C. Imposition of operational controls, sureties, and deed restrictions. D. Requirements for construction of channel modifications, dikes, levees, and other protective measures. E. Flood proofing measures, in accordance with the tate Building Code. The "applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Subd. 15. Land Development and Platting. No part of any lot within the Flood Plain and Wetlands Conservation Area shall be platted for residential occupancy or for other uses which will increase the danger to health, life, property or the public welfare. Ail lots containing land within the flood plain districts shall contain a building site above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. Whenever a portion of the Flood Plain and Wetlands Conservation Area is located within or adjoins a land area, that is being subdivided, the subdivider shall dedicate to the an adeauate perpetual easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes expressed in this Section and other recreational uses, as determined by the Council. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless the design thereof has been approved by the City, and such structures shall be designed so as not to restrict the flow of water. Subdivision applicants shall provide all certified engineering data, surye-y-fiT s-i-t-e^ ” flowage calculations and other information^as'^e City may- in order to determine the effects of^uch development onv^the affected land and water areas. P i K OROMO CC 370 (4-1-84) § 10.55 A Miniiruin^ Lot Area Require.Tients. Th? ^ininiLn lot -ne contiguous parcel undivided by Floodway or Flood Frm<.e rnd no 1. Fur properties not served by municipal sanitary sewer, the minimum lot area may be divided by Flood ^"i^ge ?and; provided'at least 2.0 acres o£ land not area is inc’uded in ^ e contiguous parcel and lega. acc^s is available to that bunding site without encroachment on the protected area. 2. For properties served by municipal sani ary sewer the minimum lot area may be divided by Flood Fringe l.inds provided at least one half acre of land not within t .Protected Lea is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. 3 For residential properties served by municipal sanitary se*wer, a limited density credit may be allowed fo-- inLusion of Flood Fringe lands as part of the required minimum lot area for purposes of complying with the land fP®" soace building ..'.nit to land area ratios or other similar rLuitements of t ^e land development and zoning provisions. The own^r «"avdoper or such property will be credited w:th an amount of his land within the Flood Fringe equal to, but the amount of his adjacent land which otherwise qualified for dev<>lopment under this Chapter. Such credit shall be conditioned upon dedication of perpetual open space and easements .o the City over all protected areas so utilized for density credit. ^ Subd. 16. Special Assessments. Flood Plain and Wetlands Conservation Area which ^-veloped and is not used for credit as in Subparagraph f SubLvibjOi 15, and which is dedicated as an easement shall not i>e subiec' to special assessments to defray the cost of other .-.unicipa; improvement projects, includ'ng but sanitary st^wL and water mains and storm sewer improvemencb . Subd. 17. Nuisance. Any filling, ^ construction or arti .cial obstruction of the Flood Plain and wetlands Conservation area is declared *1° ^°P®ta\L'thepublic nuisance unless a permit to construct .ni maintain Lstruction has been obtained in the manner provided hurein. A Removal of Artificial Obstruction. If an artificial obstruction is found after ip'^«?tigation by the I" order shall be issued to the owner, following ten days wricce roiU. and hearing thereon, for removal within a reasonable time as ORONO CC 371 (4-1-R4) S 10.55 12. "Regional Flood" - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average-frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 13. "Structure" - Anything, or part thereof, which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below, or above the ground, land, or vater. 14. "Wetlands or Marshland" - Lowlands covered with shallow and sometimes temporary or intermittent waters and also identifiable by wetlands vegetation and soil types. 15. "Wetlands Vegetation Types" - Including, but not limited to, bulrushes, cattails, arrowhead, sedges, marsh grasses as identified by the Hennepin Soil and Water Con«''rvation District and/or Circular39 of the United States Department of the Interior, Fish and Wildlife Service. 16. "Wetlands Soil Types" - Including, but not limited to. Marsh (Ma), Peat and Peaty Muck (Pa, Pit' Lake Beaches (Lc, Ld), Hamel (Ha), and Glencoe (Gc) as identified and classified by the Hennepin Soil and Water Conservation District and/or Circular 39 of the United States Department of the Interior, Fish and Wildlife Service. Subd. 4. Definition and tablishmenc of ProtecteO Areas. The "Flood Plain and Wetlands Conservation Area", hereinafter referred to as the protected area, is defined and established to be the low areas and flood plain tdjoining and including any watercourse or drainage way or body of w iter_subject to periodic flooding or overflow. These areas ate divicf-»d into the following three protected area districts: A. Floodway District (FW) - The Floodway District shall include those areas designated as floodway in the Flood Insurance Study, including without limitation the surface and shoreline of Lake Minnetonka below elevation 929.4 MSL, the surface and shoreline of other lakes, ponds and wetlands below the ordinary highwater elevation, and the designated floodway of all streams and flowage areas. B. Flood Fringe District (FFD) - The Flood Fringe district shall include those areas designated as floodway fringe in the Flood Insurance Study, including without limitation the shoreline of Lake Minnetonka between elevations 929.4 MSL and 931.5 MSL, the area between the floodway and the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet ORONO CC 363 (4-1-84) S 10.55 flow areas, all intermittent streams, and pon^'ing areas and all lands containing soil types classified as wetlands soils (defined herein), whether or not there is water standing cn those soils at any given time. C. General Flood Plain District (GFP) - The General Flood Plain District shall include those areas studied by approximate methods and designated as unnumbered A Zones by the Flood Insurance Rate Map. GFP areas may include both Flood Way and Flood Fringe areas. Development of lands containing designated GFP areas shall be contingent upon submittal by the developer of topographic data (at contour intervals of no greater than two feet) and/or other enqineering analysis sufficient for the City to determine the actual extent of the Flood Way and/or the Flood Fringe. Upon such determination, the restrictions of the FW and FFD Districts shall apply. Subd. 5. Official Flood Protection Maps. The boundaries of the Flood Plain and Wetlands Conservation Areas shall be and are herebv designated as shown on one or more of the following official maps: A. Those areas designated and shown as stream, lake, marsh, v;ooded marsh, submerged marsh, inundation area, intermittent lake or intermittent streams by the United States Department of the Interior, through the Geological and supporting data designated as Mound Quadrangle, Minnesota |^W/4 Lake Minnetonka (1958)] and Excelsior Quadrangle, Minnesota [NW/4 Lake Minnetonka (1958)). B. Those areas designated and shown as wetlands soil types on the Wetlands Inventory and Classification aerial plat map overlays prepared by the Hennepin Soil and Water Conservation District (June, 1975). C. Those areas designated and shown as General Flood Plain, Floodway or Flood Fringe by the Federal Insurance Administration on the Flood Boundary and Floodway Maps, Minnesota, and Flood Insurance Rate Maps, Orono, Minnesota, dated October 17, 1978. Specifically included herein is the explanatory material and tabular information contained in the Federal Insurance Administration Flood Insurance Study for Orono, Minnesota, dated April, 1978. D. The above maps and studies are hereby adopted by reference as the official maps for the establishment of the Flood Plain and Wetlands Conservation Areas and are hereby made a part or this section as if fully set out herein. At least cue copy of each Official map shall be kept on file in the office of the Clerk/Administrator and shall b available for public review during all normal office hours. ORONO CC 364 (4-1-84) • U) ! -^ou:!w 4 -if ► < ^LIMIT OF detailed Y STUDY ' -- -'''ATERTOWN ^Unnamed Tributary ''^x To Stubbs Hay LIMIT OF DETAILED STUDY j < K vt > CL U ZONE AT IN THIS AREA TOO NARROW TO SHOW TO SC^LE AND DOES NOT EXCEED BOUNDARIES DELINEATED. ,W I I V U_.t. t_' Al/’C \/t'* l.AVivU K « IMM CTTPNi !<' A ^1. Scale o Denotes N0®n*25"E A * ; rj Y k.l. L* I Q V c C C V^ t • » t. . Fot purpotts of hot oil ottumtd OUTLOT 154 74 Lolif Minnfton HIghftf tnown wt N.G.V.0.1929, 0 Bfnchmorli It o EItvoflon It 9B2 ORAINACe a u OUTLOT/ imal Lot 53- O I I V i l.w. I . #“N I A y ^ L. ^ • > L..M of^S^I/I^oVnIW*/-* . lIntof'NE 1/4 of SW1/4 of ''‘ • 0* Sfc 5,o«^ NW \ \ NW1/4 of Sw. 5!«y .75fJ<*WNWA\ . , V \N0*ll / 234.00 «5 . V w -------------------_ _« _V.U OUTLOT / M h* E* J1411 Cji ' ...... X*-..0 25"E 200,94#-:;,. t Eoit lint and Itt Sly .•t'Oittntlonof Lot IS, OttowilloonLokt Mlko BtinQ SOOfett in •hown, ond bting •flown on ilio plo< i. AKf.:>T '^A.< Qbondonod Eotl lino ofVokt Sirtol ot dodicotod In plot ofOitovlilf on Loko Mlnnotonko t o_----------------------------1JIT______ catvfcr«^: 2^joo.^.r i6£6 —^ ^'o .Jt-;- Ltn*fS^s Ay I t V-SE eof.of NEI/4 of SW l/4r of NWI/4ofSoc. 5 '6L Lint A ^•.. South lino of NE 1/4 of SWI/4 of NWI/4 of Soc.5 \ ■: X I 9 I SEE DETAIL B-* <s> \ 9>\ \ \ -A /X \ Cenlofllnt of Eo.Rd.No.Mdk ct.ronlly occupitdairovtllod / \ / \ no C S \XX>* IK \ I 20 ZOOV'i 200.76'/ 5#iS>/"N y N0®28‘3§"E i L\ \ft Ctntorllnt of Co. F currontly occupied Edge of wetland-■-. ir >A ' ot \V« South lint of Lot 53 I North lint of NE 1/4 of SWI/4 I X. A# latAi 'V A SEE DETAIL A Of NW l/4of Stc. 5 of South 200 / JMMl * 1 /Jl^J Ay^ _5T0 ^ L^]i<i^Oy^ of' / J>-^.4^S_ -47" 28^S^-S^.ll,. /'MM.Sr AfU(^ Fbv^ ^ti> ./ S-St^^ » I i1 I! w {*) 0.9 *t I!t4^ :'Si.o5t:].^q^ ^,0^* * *ls • '*1 r 4%'(TU^ •M'XSWtlt^Xgfi WiTIMi 56^ o > I U5i • ’iT\ i / * I* \ / * Kr(1!I>!_ *" \ *1 31 _ ;.« \ • T7 rr-v k ---------------- « {2D MID. ^ *'(?4) - T^JT- 0.7 »<-(2»:<£i> X <f i «l \/ »\u)\ 1 f .. . II t Mil) Q.^S> oTjii; I O) * QJ^tl { 14) f o.n 4c U5) •^.7 (f^. Siiin (JT) Ji I ; » i •n!:g fz^ (Otjkc^ri; 23 /LA VAo L£>TT '• 5 ” VAC 5e^. u>f3 : 2 .AfJTlCirAT^^ # -seuAt^ K/o«r3 : 2.^3 *27 /t('C» lJ>TSrzcj ^lZc(pc-'eioPrt», /^ru O.'i^ AC. Z fC-^{06,^ c>»'2~ ^ -----2.t» Ac SANITARY SEWr.R TRUNK ASSKSf^MENTSTOTAL TRUNK COST (Sec Pg. A-21) NUMBER OF UNITS TRUNK COST PER UNIT $ 774,200 *137 5,650 / I 2J^ AJU.' SANITARY SEWER TOTAL ASSESSMENT Sanitary sewer Lateral No.of Lateral Cost Trunk Cost « Total Cost Assessment Eail Service Area Cost Units Per Unit Unit Per Unit Per Unit_ I Stubbs Bay N.E.$ 6,980 >.',650 $12,630 $ 8,840 Stubbs Bay N.W.$579,340 6,980 . 5,650 ^ 12 630^8,840 • Bayside East 14 6,980 5,650 12,630 8,840 it Bederwood % $152,900 11 13,900 5,650 19,550 12,990 111 • « Bayside North 43,600 4 10,900 5,650 (^1^55^11,585 IV Oxford 159,390 9 17,710 5,650 23,360 14,990 V C)'gncl & Leaf 396,900 30 13,230 5,650 18,880 12,995 ■ 13937.cor / Date: Subject! Chairman Kelley and Planning Commission MemberA^Mayor Peterson and City Council Ron Moorse, City Administrator A Jeanne A. Mabusthf Building & Zoning Adminj£k^ar^ October 12, 1992 ^ c % #1767 George and Theresa Bloom, 1374 Rest Point Road - Variances - Public Hearing /. , Zoning District! LR-IB, Total area « 28,850 s.f. Pertinent Ordinances: Section 10.03, Subd. 14 (C) - Lot coverage Allowed “ 4,327.5 s.f. or 15% Existing » 3,444.5 s.f. or 11.9% Proposed = 4,016.5 s.f. or 13.9% No variance required. Section 10.22, Subd. 2 - Hardcover review a. 0-75 setback area * 10,050 s.f. Existing * 1,094 or 10.88% Adjusted Existing « 1,178.5 s.f. or 11.7% (84.5 s.f. of water area of pool has been added to hardcover) Proposed hardcover * 1,010.5 s.f. or 10% (removal of 168 s.f. of existing hardcover)* b. 75-250* setback area » -8,800 s.f. Allowed ■ 4,700 s.f. or 25% Existing ■ 5,247 s.f. or 27.9% Adjusted Existing = 5,958.5 s.f. or 31.6% (711.5 s.f. of water area of pool has been included; hardcover facts do not include ai.y areas underlain with plastic) Proposed « 6,066 s.f. or 32.2%* Increase * 107.5 s.f. or .5% Total hardcover on property «» 7,135 s.f. or 24.7% ♦Applicants shall remove all plastic installed under landscaping; these areas have not been included in hardcover inventory Section 10.24, Subd. 5 (B) - Street setback Required = 35* Existing * 13* Proposed » 33* (at northwest corner - majority of structure will meet 35* setback) Variance * 2* or 5.7% ig Conunission Memberi^^ jncilitorf & Zoning Admini^«^^^ Loom, 1374 Rest Point Road -' 28,850 s.f. >t coverage .5% 11.9% 13.9% er review ,050 s.f. .88% ,178.5 s.f. or 11.7% (84.5 s.f. of Dol has been added to hardcover) 1,010,5 s.f. or 10% (removal of ing hardcover)* 18,800 s.f. ir 25% or 27.9% 5,958.5 s.f. or 31.6% (711,5 s.f. pool has been included; hardcover ::lude ai.y areas underlain with f. or 32,2% * or . 5% perty *= 7,135 s.f. or 24.7% ove all plastic installed under reas have not been included in eet setback t corner - majority of structure Zoning File #1767 October 12, 1992 Page 2List of Exhibits -A - ApplicationB - Property Owners List C “ Plat MapD - Neighbor's Acknowledgment El~ Hardcover Facts E2- Hardcover Addendun F - Survey G - Floor Plan/Street Elevation Description of Request in taVlation^of ^ applied for variances to allow the sk^fy linked to prinolpal structure by s?^ce"7989 tSe^ft^^'r'^ has" noVVhangld %7n7e “s9 ‘’7eMe7*"But ^ra -io iSciudI the TanYscYp^e^ a°^ the pools'^but have® n^ot ^bel^ad^jus^t^^d v.o landscape areas underlain with plastic. ^ ^ ^ nou, ^ concern for this property has always been the Impact of new^construction or additional hardcover upon the sensitive drainage boundary of th!* drainageway to the east along the east rSi;S?ri£7he7oc7fl\7er7h7lto^h7Lref"7h\i7st:^^^^^^^^ requlle^!5ote*detailed"^i *f° ^he steeper elevations and the drainage way applicant- pronoq^ proposed elevations. How does necessary drainage from new garage? Filling will be notes the instalTatApplicants' addendum propose7%7aU^“? ra%p7^c\tfo7\7c7s fei^g^: 7£o''ri ‘’^-1 eJ-at7o^,7l7t 7o"7ak7 o7^i7e"“e7ev":;io7s ‘:“5^L‘ ?lain?7V"° •.nfor.tation ca7 be provided fcr Planning Commission's review. Mr. Bloom has advised staff that L Zoning File #1767 October 12, 1992 Page 3 will provide both elevations of structures and retaining wall and a grading/drainage pla*n - hopefully to be enclosed in your packets. Bloom has confirmed landscape areas are underlain with plastic which he has agreed to remove - hardcover facts would remain as noted above. Hardship Statement The hardships remain the same as with the first review. 1. The current residence does not have a garage nor a basement area to provide additional storage area. 2.Propose street setback ior the »aetached garage will prevent the cutting into of the existing root system of a group of trees well over 100 years old located in the east yard area. 3.Steeper topography to lakeside requires placement closer to street. Staff Recommendation If applicants are not able to provide additional information by our meeting, staff must recommend tabling so that applicants have time to provide the following information; 1. Elevations of lake and street side of garage. This should include Iccation and height of retaininj wall. 2.Detailed grading and drainage plans to determine how drainage is to be directed from structure and to determine if there will be any impact on drainage to east. IL..• ttlaia.a- i • n-Vttl Zoning File #1767 November 3, 1992 Pace 4 Additional Comments and Planning Commission Recommendation Additional Exhibits H - Applicants' Addendum r - CcnfiiTnation of Water Retention Area of Pool J - Amended Drainage Plan K - Gronberg Letter 10/22/92 L - Section M “ Elevations In an attempt to expedite the review process for applicants, the Planning Commission denied the application with direction that applicants provide the additional information needed for Council's review. Please review Exhibits H and I. The applicants have provided confirmation as to the exact water retention area of the pool. In addition, applicants have confirmed tnat all landscape areas shown Exhibit F are underlain with plastic. Applicants have agreed to remove all plastic material from landscape areas. The hardcover facts have not included those areas. Please review page 1 of the staff memo. The hardcover facts have been amended to include all additional hardcove’’ removals agreed to by applicants at Planning Commission meeting. Please review Exhibit K. Mark Gronberg, the surveyor, apologizes for any confusion created by the survey submitted for this application and notes that a lighter line further out from the ordinary high water mark (shown as usual with a dark line) should have been added to the survey. Hardcover areas remain as originally shown. The application wi.en originally filed included only a street elevation of the detached garage. The applicants have new provided hoth side and lakeside elevations confirming maximum height of retaining wall at 4' on south side. Review Exhibits J, L and M. The detached garage is shown at 17'8" ’’r. height. Note that drainage from roof is now directed to both south t and southwest corners of garage. Drainage from roof will be d j’"ecied down lakeshore bank draining directly into existing grass drainage corridor to immediate east. Drainage from paved drive will continue to drain eastward to existing drainage way. The proposed detached structure will have less of an impact on the existing watershed and drainage way than an original improvement approved by the City in 1989. Options of Action To table all review of the variance application and direct staff to schedule the application before the Planning Commission at their November meeting for final review and comment; or To approve the proposed hardcover variance and street setback variance subject to the findings and conditions set forth in the enclosed approval rcsoluti i. h RESOLDTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 PILE #1767 WHEREAS, George and Theresa Bloom (hereinafter "the applicants") are owners of the property located at 1374 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Rest Point, Hennepin County, Minnesota (hereinafter "the property")? and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section '>0,^2, subdivision 2 to allow construction of a detached garage that wil' result in an increase of 107.5 s.f. or .5% hardcover within the <.“250' setback area with total hardcover now proposed at 6,066 s.f. or 32.2% hardcover where 5,958.5 s.f. or 31.6% exists and where only 25% is allowed? and Section 10.24, Subdivision 5 (B) seeks approval of a 33' street setback for the garage where a 35* setback is required resulting in a 2' or 5.7% setback variance. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1767. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre or 43,560 s.f. in area. The property consists of .66 acres or 28,850 s.f. 3.The Orono City Council reviewed this application on November 9, 1992 and recommended approval of the proposed variances based upon th<' following findings: a) The proj^ccty is served by municipal sewer b) One-third of the total area of this property is located within the 0-75' setback area. Page 1 of 6 1 c) The existing drainage pattern of the property provides for positive drainage to the lake over extensive grassed yard areas. d) The proposed improvement of the property will also result in a decrease in hardcover within the 0-75' setback area, reduced from 11.7% to 10%. e) The current residence does not have a garage nor a basement area to provide additional storage area. f) The proposed street setback for tne detached garage will prevent the cutting into of the existing root system of a group of trees well over 100 years old located in the east yard area. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviatt a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5, The City Council has considered this application including the findings and recommendations, reports by City staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) that would permit the construction of a detached garage to the location within the street yard of the property subject to the following conditions: Page 2 of 6 1. 2. 3. 4. 5. Applicants shall remove all hardcover improvements as shown on Page 6 of this resolution. All removals shall be completed prior to the foo'^-.ng inspection for the proposed garage. Upon application for a building permit, applicf.ncs shall provide detail or cross section for section of retaining wall at 4* heigh^. Authorities granted by this resolution run with the property not with the applicants, but are pepnissive 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 (November 9, 1993). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 9th day of November, 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 6 • I - ■ ti«-i r-r- - r ■ T- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 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 4 of 6 d rt 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 ^hat he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Notary P^^^TTic I On this day of 199 before me a Notary Public within and for said county# personally appeared known to me to be the person(s) described in and who executed the foregoing instrument# and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 REST POINT [7-f V p r T-r-rT*r /4 X i ♦ i -----------M- +i 5;^ .1 \ \ ^ -i»^ -ft - • Ty.\ ----r* #------ I •• ♦ • 1^00 / ; »i >• I j' I I m aa^" ^//v/ve^o f .I • #ii^ -■ Paqpi •\ • • ^ • .• ••V'i 'j?. • ' 'f:;..- .; •.••>**•.v%j . * • .. ; 'iy . . i « ^ . ^ *’* .A* :-f *. •' t I I'■nrc CITY OP ORONO - VARI? 'CE APPLICATION .'1 & Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) #1 PROPERTY INFORMATION Site Address 13 7 ^r a tz.A n Y 6 Y i'/TV nc nLriAinLilt wMUivu iTTij.'V'^r rcrrrrr k/t I .A 1.-W 01 (^Efi 175.00 CHECK TL 175.00 RECEIFT-THAHK YOU ffE52240 cool ROl 706: ■ \r7/ Property Identif. Number (P. I.D.) O 7 — // 7— ^3 ~ 33 OC>t Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ _ _ _ ___ _ _ _(month/year) I f^T(do not) also own the adjacent parcels of land. Pr^ent use~of property: residential _ _ _other (specify)- - - - - Zoning District: A- CL ! S _ _ _ _ j^Ppy.TPAMT Phone (home) 3 ^ ^ ^ Name GeoQ<i£ /th t- f? ^ a ft ^ QQ ^ Phone (work) 00. Address T : /j?-7(J Ort-T g.,jr !2J. City; rO(Le,n/a_ _ Zip; ^f Phone (home) _ _ _ _ ___ _ _ _ _OWNER (if different than applicant) Name Phone (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ R I OOt^ Describe request in detail: ^— ' —— mad g>n __j' ouf- -froYn VARIANCES REQUIRED Lot Area Lot Width Setback: ^ Front __ Side \/^ Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance wi'^h Zoning Code requirement.s.- - - — ?: o o,tr'(Dnrr vfh^r'Pirotn Cd<?u/ij G. u'4'It j ^ t x'/U rfrm.y- i~—cJj. '«* • • • (attach additional sheets if necessary) required submittals of the following information must be submitted by the applxcation deadline~date in order for your application to be considered complete; 1._ _Completed Application-Form^ w w V.* •• ;2, Certified Property Owners List of owners within 150' (you must obtain ^ • m ^ A ^ A m ^ A* %• 4 . . • - this list from Hennepin County Department of Finance A-603 Govt Center ^ 348-3271). 3. **^'plat Map (obtained with property owners list). of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*5"xll" for reproduction). 5, Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). 6. S)cctches or plans of floor & elevation views (provide 1 copy 8%’'xll “). 7. ^As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. __Additional items as may be requested by City st.tff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete —the—above information has not been included. APPLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff t:lm0 not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge {3^Applicant's Signature Date 9/9J9 OWNERS SIGNATURE . The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature ,./2. __- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meetim/. Planning Commission Meetings are held on the third Monday of each monv ' Applicants must be present at all schedu^led review meetings of the Pi*, aing Connaission and Council. If an app ^ unable to attend a sched’.led meeting, please make arrangements to ave an authorized agent attend xn your place and to advise the Bull ng on ng Office of this change prior to the meeting. / v7vvi=*v\a;-.- RUN DATEBATCH 001PROP ADOR OI94ER NAME TAWAYER NAME/ADOR PROP AODR NAME TAXPAYER NAME/AOOR PROP AODR OHNER NAME TAXPAYER NAI1E/A0DR PROP AODR 0.^^* I NAME TA.\ “YER NAME/ADDR PROP AODR mNER NAME TAXPAYER NAME/ADOR MENf^PIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST53 07-117-25 52 005<#01565 R'ST POINT RO R H SIGAFOOS ETAL RALPH t CORA SIGAFOOS 1565 REST POINT LANE nOUttD MN 5556^ 56 07-117-25 52 0059 01550 REST POINT RO LAS GRABILL LARRY A SHARON GRABILL 1550 REST POINT RO MOUND MN 55564 38 07-117-25 52 0062 01560 REST POINT RO RAM HETT RICHARD A MARJORIE A HETT 1554 REST POINT CIR Mourm m 55564 38 07-117-23 53 0009 01595 REST POINT RO ROBERT G BREDESON ROBERT G BREDESON 15 E ST ALBANS RO HQPKIUS m 55545 TOTAL BATCH 001 00012 38 07-117-23 32 005701375 REST POINT RD M B A L K GERLICHER MICHAEL B A LYNNE GERLICHER 1375 REST POINT RD MOUND MN 55564 58 07-117-23 32 0060 01366 REST POINT RO LAHRErCE E A HELEN LANGHANS LAHRErCE E A HELEN LArA^HANS 1566 REST POINT RO MOUND MN 55364 38 07-117-23 35 0006 01386 REST POINT RO TERRY C SMITH ETAL TERRY C SMITH 1586 REST POINT RD MOUND m 55364 38 07-117-25 33 0011 01S85 REST POINT RD SUZANT4E R AUSTIN SUZAfAlE AUSTIN 229 OAKMOOO RD HOPKir43 tti 55345 REPORT NO. Pl4’.540l PAGE 138 07-117-23 32 003801373 REST POINT RO K E ANDERSON A A K KRAMER KIRK ANDERSON 1375 REST POINT RO MOUr® MT4 55364 38 07-117-25 52 0061 01371 REST POINT RO ROBERT THARP ET AL KEmETH H A RENEE 6 EGGERT 1371 REST POINT RO M0UT40 MN 55364 £ CO38 07-117-25 35 0007 01380 REST POINT RO H A V ;;rake jr HALTER F A VAUGHN D KRAKE 1380 REST POINT RO M0Ut4D MN 55364 38 07-117-23 33 0012 01374 REST POINT RO G R BLOOM A T A BLOOM GECRGE R A THERESA A BLOOM 1374 REST POINT RO MOUND rtl 55364 I -j-1 RVJN DATE 09/09/92BATCH 001 (Y s^*rm =| HEfiTJEPIN COttfTY PROPERTY INFORMATION SYSTEM PROPERTY OHTSRS LIST REPORT NO. Pl<i35^0I PAGE 2 *i I CERTIFY THAT The FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATI0f4 OF INFOPilATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HE^4NEPIN COUmV DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF rff KNOHLEDGE AND BELIEF DATE ^ finwiO'(J(S) u I (we) of the Land Use Adjacent Property Owners' Acknowledgement Form r.-------. °t /j* 7 y /?£. ■[priJ ramL(s) ] address] ^ 4-k« r^ianc for the proposed improvement or proposed use have reviewed the also referred to as Li property located at , 1^7——------------- Application No.______ . n 4. A 4-H-st- in executing this acknowledgement, I (we) am I (we) understand that in execuo y nmnertv or uce (are) not asked ^ I (w.-. am (are) aware of ^;::rmrr--enrp\\Ts^°nd\^V^^ ptopos.d neighbor 1 project or use requires Council approval.VS=)-9a ___ Date roperny^wiici. zS 'I Qvner Date I (we) *********^**<^^************************ f?-n^ cfAudi tprint name(s)] /print a^ressl Application No. -—• I (we) understand that in property or use (are) not asked Council that I (we) am (are) aware of but merely to the proposed neighbor's project or use the improvement plans and that cne p p requires Council approval.-a f ay Property owner Property Owner Date If you have any ycrr"«mmen ‘;“ to'^tht^Burrdrn/s L^^fnroffi^ TL\T\T:^afsTrior to the’' scheduled meeting date. HARDCOVER CALCULATION KORKSHEE' SETBACK ZONE: (CIRCLE cne ) {0-7^ 75-250' 250-500' 5G0-1CC0' Existing H ardcover in Zone A. House 3. G arage c. Driveway D. Sidewalk E. Patio / Deck F.Landscape AREAS underlain BY , . PLASTIC SHEETING LENGTH G. Other LOfl.;k . X width Total H ardcover in Zone Total Property Area in Zone S.F. S.F. S.F. B S.F S.F, S.F, S.F. S3 S.F. S.F. S S.F. ^ !0 S.F. •S.F, •• S.F. • SS S.F. • -- • S.F. SS V7 S.F, S.F. • Zone S.F. Zone / 0,0^0 S.F. /o. 99 /o o£'o X 100 = __ B HARDCOVEi? CALCULATION WORKSHEEi SETBACK ZONE: (CIRCLE cne) 0*75' (^-2501 250-500' 5G0-ICC0 Existing H ardcover in Zone A. H ouse . 30.1 *X » ' 3^5 7 S.F. LENGTH• •WIDTH 33. 3 X ./O/Q S.F. X .6 • • S.F. X ,7¥ • S.F. X . • S.F. 3.Garage X _S.F. C.Driveway X _- n )L S.F. X • • S.F. 0. • Sidewalk ..X - /OJ'T , S.F. X .S.F. _ X S.F. E.’AT10/ Deck /7 - X = . Qf S.F. F.Landscape . X 1 11•S504S.F. AREAS UNDERLAIN SUh^ BY ,. X 5'S’S.F. PLASTIC SHEETING . X • • • • S.F. X • a / • S.F. %3 G. Other /f' X - X 3 ^S.F. ' 1.V T.-------------------- • Total H ardcover IN Zone A>4/ ^S.F. A Total PROPE^rr Area in Zone S.F.B -m X100. • • i Variance Request - George R. & Theresa A. Bloom • 1374 Rest Point Rd. Re: Hardcover ir • , * I / N i ;)'• J - .'V > t * \ In regard to the additional hardcover that would result from the construction of the proposed detached garage we would remove sufficient existing hardcover so as to not increase the existing percentage of hardcover. Additional Hardcover to be added in 75* - 250* Zone 1. Detached Garage 26 ’x22’ =572 s.f. 2. Retaining Wail 6 ”x79 linear ft.39.5 s.f. Total 611.5 s.f. Existing Hardcover to be Removed £- T6-aso 1.Blacktop Drive 9’x36 ’ -324 s.f. 2.Bench Boxes 47 s.f. 3.Steps to lake (reduced in width) «74 s.f. f or-4.Side steps to pool & part of walk -180 s.f. — Total =625 s.f. i ^ * V. • V m O' •* * • • / \ ‘ / *' • ----u.r . . • #.k> — ♦ — -• —I V - ^ ^«JlaJ tH '4fc 1CS2I October 13, 1992 Jeanne Masbusth, Building Administrator City of Orono 1335 So. Brown Rd. Crystal Bay, MN 55323 OCT.i.Aisee • Re: Building Variance - 1374 Rest Point Road George & Te*i Blocm Dear Jeanne: In response to your questions regarding the above we note the following: 1. Hardcover Removal- a. All the landscaping cloth &/or plastic under the landscaping rock will be removed. b. In regard to the concrete steps to the lake it is our intention to remove those steps and replace them with narrower open wooden steps. (See highlighted area - net reduction In hardcover - 74 sq. ft.) c. The bench boxes would be moved to the swimming pool deck. (See highlighted area - reduction of 47 sq. ft. hardcover) d. The side steps to the pool and tfia concrete apron to those step would be removed. (See highlighted area - reduction of 180 sq. ft. hardcover). e. Blacktop removal 9’x36 ’. (See highlighted area - reduction of 324 sq. ft. of hardcover.) 2 Wall - The proposed retaining wall around the garage is the level an area for the slab floor. It will be timbered and have the following approximate heights: NW Corner - (front corner of garage closest to street and home) will be 0 grade). The timbered wall at this point will be if 6 ” above grade. The slab floor will be poured above that so the front of the garage will be V. NE Corner - (front corner of garage closest to the street and toward Langhans) the wall will be 1.5 ’ above grade. SW Corner - (rear corner of garage closest to Bloom home) will be 2’.. SE Corner - (rear corner of garage closest to Langhans property) the wall will be 4 ’. 3. Drainage - a. It is our intention to put gutters on the garage and direct the water to the SW of the garage. b. The drainage from the parking area will be directed along the same path as the present drainav^e flows. It is to the East and down the valley area between our home and the Langhan s property. This valley is a significant depression from either home and is the natural drainage patn. c. Arrows indicate drainage flow. 4. Floor Plan - Enclosed is the drawing showing the garage floor plan (26" x 22") and the timbered wall 1’ out from the sides of the garage. This is to be a single story detached garage with poured slab floor If I can provide any additional information please give me a call at 374-9100. Very truly yours, George^'R. Bloom FAX October 18,1992 TO:JEANNE MASBUSTH FAX #473-0510 Pages 2 (INCLUDING COVER) FROM George R. Bloom 374-9100 (FAX 377-1516 RE: 1374 Rest Point Rd. (Pool sf area) Enclosed is s drawing of <he Fox pool we have. I have ciraled the number of square ftet. which is 796. Your estimate of 807.5 was quite close. If you have any question.^ please give me a call. George R. Bloom »-«tV UMfcc ! “^twi. TIPt It 1 OX.-22Z-C. G M V •3^ CERTIFICATE CF SURVEY FOR GEORGE R. BLOOM OF LOT I, BLOCK I, REST POINT HENNEPIN COUNTY. MINNESOTA ' I Scolt :1* • 20’ Ooit :7-17-89 •Iron morkff 0«ii«m :Mton ltd fvft £«iitt«g t'evonon COFFIN a GRONBERG, INC, ENC!HC£PS, LA/40 surveyors ANO PLAf4UERS LCHGLAKE. MINNESOTA « r 14:14 FA.V 014 473 Oi'ii.*ANC HOH SI ItM lFI y im:; COFFLN & GRONBERG, INC. CU(*VCYlNO. CNCIKFTWNO MHO UkHO Pt ANNINU «u-A tamarack AVCMUE LO««0 lAKE. MINN. 9»99« A73-A141 10-22-92 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Dear Jeanne: Regarding your question on the George Bloon survey of Lot I, Block 1, Rest Point, the solid line narked nomal shoreline is the 929.4 contour line. This line also agrees with the shoreline shown on the original plat for August 6, 1982 when Lake Minnetonka was at normal levels. We noted on the survey that the lake elevation at that tine was at 926.52 and should probably have added another lighter line out farther to avoid any confusion. Sincerely, COFFIN & GRONBERG, INC Mark S. Gronberg L0 .6 vDC' .Vi W) C I* 1" X •0c cf* .A -I Q J CO mo ] s I I I Gz P / I Z O COn > lifiCO I [Tn TOrn • i fi r>t>t>t>t>t>t>f>c>t> a 'stSgn!i l^hllI 3|ii fi lifsrl§ nki # 4 "n jj Oz -I To:Mayor Peterson and City Council Ron Moorse, City Administrator From: Date: Subject: X.7 Jeanne A, Mabusth, Building & Zoning AdminiS1r|f^or November 4, 1992 % Wi,'#1768 Dr. William and Rhonda Omlie, 1860 Shadywoo<i\^ Road - Variances - Resolution Status of Application At the October 19, 1992 meeting of the Planning Commission, the applicant requested that the side setback portion of the comprehensive land use application be considered separately from the other hardcover and land alteration issues. The request was based on the need to proceed with the current major remodeling of the existing residential structure approved with the building permit issued October 1, 1992. Review Exhibit D. Applicants' request was accepted by the Planning Commission in light of the need to define the roof design of the building envelope with the major remodeling and expansion of the residence and the oncoming colder weather. Pertinent Ordinances 1. Section 10.22, Subd. 2. Review of hardcover. A.0-75' setback area Allowed = 0 s.f. Existing = 0 s.f. Proposed - 0 s.f. 10,200 s.f. B.75-250’ setback area = 23,800 s.f. Allowed = 9,950 s.f. or 25% Existing = 5,989 s.f. or 25,1% + Proposed « 6,007.2 s.f. or 25.2% Increase in hardcover = 18.2 s.f. or 0.1% C.250-500' setback area = 5,300 s.f. Allowed = 1,590 s.f. or 30% Existing = 1,665 s.f. or 31.4% 2.Section 10.25, Subd. 6 (B). Side setback variance required for garage addition. Required Existing Proposed Variance 10* 8' 9" 8'9" 1*3" or 13% Zoning File #1768 November A, 1992 Page 2 List, of Exhibits A-1 - Staff Memo 10/14/92 A-2 - Application B - Plat Map C “ Property Owners List D - Plan Approved with Building Permit E - Building Permit Issued 10/01/92 F-1-2 - Neighbors Acknowledgement Forms G - Hardcover Worksheet, 75-250' Setback Area H - Elevations, Street/Lakeside I - Proposed Plan J - Proposed Comprehensive Improvement Plan Currently Under Review of Planning Commission Description of Request The comprehensive hardcover variance application involves non-structura1 paving/driveway expansion, lakeside patios and decks. The total improvement calls for a 5% increase of hardcover within the 75-250' setback area and a 2.6% increase in the 250-500' setback area. One phase of the application was the request for a side setback variance to allow a 13' 8" expansion of the existing garage. The expansion would not extend any closer to the north side lot line than the existing garage located 8* 9" from the side lot line. The 15" wide expansion would result in an additional 18.2 s.f. of hardcover within the 75-250' setback zone or .1+ %. Prior to the applicant submitting a separate conditional use permit for major paving expansions, the Planning Commission was first asked to determine ^2 they would consider 5+ % increase in hardcover over the allowed 25%. The driveway expansion as proposed would result in a 3.5% increase in hardcover. The applicants presented their hardships and Planning Commission directed them to proceed with the completed application but adivsed of the need to trim back on hardcover. Applicants at that time requested the division of the application by allowing the side setback to be presented to Council at their November meeting. Applicants have filed a separate conditional use permit for the 300-400 cubic yards of fill required to install the driveway improvements as amended. Options of Action Table all action on the current proposal until the final amended plan is presented to Council for complete review. Zoning File #1768 November 4, 1992 Page 3 Approval per the findings and conditions set forth in the enclosed staff reso'lution, but advise applicant that an additional 18.2 s.f. of hardcover must be omitted from plan approved with building permit, Denial based on the findings that applicants had submitted a comprehensive building permit in which the 13* 8" garage addition had met the required 10' side setback and hardcover limitations within the 75-250' setback area. Isv \ J A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.25, SUBDIVISION 6(B) AND SECTION 10.22, SUBDIVISION 2 FILE #1768A WHEREAS, Dr. William R. and Rhonda T. Omlic (hereinafter "the applicants") are owners of the property located at 1860 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 27 except the north 15 feet, said 15 feet being measured at right angles from the north line of said lot, and Lot 28, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 2 to permit the construction of a 13' 8" X 21.2' garage addition located 8' 9" from the north side lot line instead of the required 10', these improvements result in an increase of 18.2 s.f. bringing hardcover to 25.2% where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #1768 The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District requiring 1/2 acre in area or 21,780 s.f. The property consists of 39,300 s.f. or .9 acres. 3.The Orono Planning Commission reviewed the comprehensive variance application of the applicants on October 19, 1992 and recommended acting on the setback portion of the application and tabling all action on the remaining hardcover improvement. The application as amended was recommended for approval based upon the following findings: Page 1 of 4 i A, The addition will extend no closer to the north side lot line than the existing north wall of the garage. B. The overall architectural design of the structure will be impacted by having to retain a 10' side setback for the garage addition, 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions# light# air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant# but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission# reports by City staff# comments by the applicant and the effect of the variances on the health# safety and welfare of the community, CONCLUSIONS# ORDER AND CONDITIONS Based upon one or more of the above findings# the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25# Subdivision 6 (B) to permit a 13' 8" x 21,2' addition to the exising garage located 8' 9" from the no*'th side lot line and denies the variance to Section 10.22# Subdivision 2 that would result in an increase of 0.1+% hardcover, subject to the following conditions: 1. 2. Upon application for an amended building permit# applicant shall also submit a revised site plan that maintains hardcover at 25% within the 75-250' setback area . 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 Page 2 of 4 approval, or this variance will expire on that date (November 9, 1993). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of November, 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of November 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 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 personTsl described In and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 , before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 I1-1 To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Coancil Ron Moorse, City Administrator From: Date: Jeanne A, Mabusth, Building & Zoning Administrator October 14, T992 Subject #1768 Dr. William and Rhonda Omlie, 1860 Shadywood Road - Variances - Public Hearing Pertinent Ordinances 1. Section 10.22, Subd. 2. Review of hardcover. 2. 0-75' setback area Allowed = 0 s.f. Existing = 0 s.f. Proposed = 0 s.f. 10,200 s.f. 75-250' setback area = 23,800 s.f. Approved with Building Permit 10/1/92 House « 2,930 s.f. Garage = 815 s.f. Driveway = 1,755 s.f. Sidewalk » 150 s.f. Deck — Patio = 300 s.f. Concrete steps = 39 s.f. Total = 5,989 s.f. or 25.1% Allowed = 9,950 s.f. or 25% Proposed with Plan B Improvements 2,930 s.f. 951 s.f.* 2,590 s.f. 226 s.f. ** 231.9 s.f. 247.2 s.f. (total patio area 547.2 s.f.) 12 s.f.*** 7,188 s.f. or 30.2% Hardcover increase = 1,199 s.f. or 5% * also includes 2' north side addition to existing garage ** based on 3' wide walk not 4' as shown on plan *** with 226 s.f, deck 250-500' setback area = 5,300 s.f. Existing = 1,665 s.f. or 31.4% Proposed = 1,803 s.f. or 34% Hardcover increase = 138 s.f. or 2.6% Section 10.25, Subd. 6 (B). Side setback variance required for garage addition. Required = 10' Existing = 9'+ Proposed “ 6'6" Variance = 3'6" or 35% Zoning Pile #1768 October 14, 1992 Page 2 List of Exhibits A - Application B - Applicants Addendum C “ Plat Map D - Property Owners List E - Building Permit 10/1/92 F - Omlie Letter 9/23/92 Submitted with Building Permit Application G-1-2 - Neighbors' Acknowledgement Forms H-1-3 - Site Plan, Hardcover Fact Sheets Approved with Building Permit I - Plan B Site Plan Improvements J-1-2 - Hardcover Fact Sheets K - Elevations Description of Request On October 1, 1992 the City issued a building permit for improvements to existing residence consisting of a partial second story addition, two-story addition to the south side of the residence structure and an addition to the two-stall garage. Review Exhibits H-1-3 and K. The letter submitted by applicants prior to the issuance of the building permit explains the need to proceed quickly with the structural improvements. The building permit was issued with all improvements meeting the required setbacks and hardcover maintained at 25% within the 75-250' setback area. The Building staff explained to the applicants that it may be very difficult to prove hardships after all pertinent ordinances were satisfied with the issuance of the building permit. Please review Exhibit B, applicants addendum, submitted with the variance application. It was the intent of the applicants to submit two plans for consideration. Plan A consisted of two curb cuts at County Road and a loop drive layout requiring excessive amounts of fill and the removal of several mature trees on the property. Plan B, Exhibit I, involves the expansion of the existing drive adjacent to the residence providing a turn around also involving excessive filling. In addition, there is an expansion in width of the access drive within the 250-500' setback area. The application involves the installation of decks and patio areas along the lakeshore side of the residence. All of these improvements require hardcover variances. Applicants also seek a 3-1/2' variance to the required side setback for the expansion of the two-stall garage and the third stall addition. Review Exhibits I and J. The improvements result in an increase of 5% in the 75-250' setback area and a 2.6% increase of hardcover within the 250-500' setback area. There is no proposed encroachment of the 0-75' setback area nor will the land Zoning File #1768 October 14, 1992 Page 3 alterations proposed encroach the lakeshore protected area. Note hardcover facts ha-ve only dealt with the comparison of improvements at the time of issuance of recent building permit and Plan B improvements. The driveway expansion proposed with Plan B proposes major filling and grading activities resulting in the installation of two tiers cf retaining walls. Note also retaining walls and filling are proposed in the lakeshore yard. Any mature trees to be removed as a result of building permit or Plan B improvements have already been replanted on property. There is a 50-75' wide grassed drainage corridor that runs along the south side of the property. The area receives the majority of runoff from the local watershed. The major filling required for Plan B improvements will call for a separate conditional use permit review as filling activities cannot be connected to the building permit as protection of frost footings or providing positive drainage from foundation. Please note retaining wall hardcover was not included in the hardcover facts. The City Engineer will be asked to review the filling and grading plan submitted with the conditional use permit to ensure there is no impact on the historic drainageway that serves the area. Prior to applicant submitting a formal CUP application, it is necessary for the Planning Commission to determine if variances are to be granted. Is.sues for Consideration Applicant proposes a 5% increase in hardcover improvements within the 75-250' setback area. What improvement.': are acceptable ^f variances are to be granted, what percentage is acceptable? 136 s.f. of garage expansion = .6% 835 s.f. increase in paving improvements = 3.5% 231.9 s.f. of deck to replace former deck at 168 s.f. 247.2 s.f. of additional patio area = 1.04% = .97% Description of Hardship Refer to applicants' addendum, Exhibit B, specifically the paragraphs dealing with the hardship statement and findings for Plan B improvements. 1 # ~ •' itiiilmllli Zoning ”ile #1768 October 14, 1992 Page 4 Options of Action Approval of an amended application limiting hardcover improvements within the 75-250' setback area to the following improvements ... . If expander'' drive improvements are accepted, table variance application until a conditional use permit is filed. OR Denial of variance application as proposed. Isv ■ !!■ 11 r ■ t pr CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance' Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION X 3 /Mo '^(/IcGrc/ <£^AJ0 cm OF OROiiO FmHCE OFFICE 050200000 01 CEH 175.C CHECK 7L 175. C RECEIFT-m*7K YOU H252400 cool ROl TOC 09/17 Site Address ___________ Property Identif. Number (P.I.D.) Attach legal description to application if not included on required survey Date Pro^mv Acquired fT^-'/rKT (month/year) I (do)(d6"^o^ also own the adjacent parcels of land. PresentTTseof propei^y: V! residential ____other (specif y) __________________k2L^.-A±of.6^. APPLICANT Nam Phone (home) 7/ ^ L/iLUam Phone (wor)c)T^^^ /'^O^ ; sliAdi/Lxcd City: ____Address OWNER (if different than applicant) Neunc Phone (home) Phone (wor)c) Address:City Zip: DESCRIPTION OP REQDBSl Estimated Construction C'^st OOO Describe request in detail; VARIANCES REQUIRED _ _ Lot Area Setbac)c; Lot Width Hardcover _ _Lot Coverage Front Side Rear Average La)ceshore Other (specify) HARDSHIP/DBSCRIPTION OF DNOSOAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions oreventina comoliance with Zoninq Code requirementsvzvfCTT/c 07 ^7^ f 9 7 } '■ * * . / '•a V *essary)(attach additional she^s i^^^jiecesskry) REQUIRED SUBMITTALS All of the following information must: be sobmitted by the applicatiion deadline date in order for yoor application to be considered cocrplete; •v: 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8Js"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll'*). 6. Sketches or plans of floor & elevation views (provide 1 copy 8%"xll"). 7. As an addendum to this application, please attach a separate list of 8 any other persons you wish notified of this application. Additional items as may bo requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yoor variance application is not complete If the above infonnation has not been included. APPLICAHT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (statf time not covered by original fee payment) and/or consultant expenses incurred in review of this a^licatio supplied is true and corr^ot/^ t;he Applicant's Signature and certifies that the information t of his/her knowledge. Date 9-/5- ONHERS SIGMATORB 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 verificatip»r«^/thi^— 0%mer's Signature Date I Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an *spplicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend In your place and to advise the Building 6 Zon ng Office of this change pii.>i to the meeting. • t' RUN DATE 09/06/nJ BATCH OOS > ^ % .* •HEFt4EPlN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY (M4ERS LIST REPORT NO. PAGE P1A35AOIA• * * 56 I7-117-2S 74 0007. : PROP ADOR* 01675 SHADYNOOO RD ^ C^R NAME ' 6 A N TXLLOTSON «r-3)• TAXPAYER • : NAME/AOCR GLErM TXLLOTSON 1075'SHADYNOOO RD HAYZATA Ml 55S91 50 17-117-25 2A 000500050 ADDRESS UNASSIGNEO 6 R T1LL0TS0M/H A TXLLOTSON GLENN R TXLLOTSON . 1075 SHADYHOOO RD HAYZATA HN 55591 r4^ •••• J. V M 17-117-25 2A 0007./. ^ ' • PROP ADDR ’'V' OIOSS ' SHADYHOOO RD ' ‘•7 [■ PROP ADDR 01055 ; OMIER. NAHE • «• % • TAXPAYER NAME/AOOR^ I • • • ■■ I • V SHADYI HARK R SALDEN HARK R SALDEN 1055 SHADYNOOO ROt;" HAYZATA MN 55591' r?)50 17-117-25 20 0000 010*5 SHADYHOOO RD 0 J CORPORATION CLEIM TXLLOTSON 1075 SH.OYHOOO RD HAYZATA Ml 55591 . ^• • / - . .sPROP ADDR .. 01020 . SHADY .*• :;Olt«R NAME TAXPAYER NAME/AODR :.r\ •• v.-« •• •4 • • • * • 20 0015 SHADYHOOO RD .TAP SCHERBER T. L A P P SCHERBER . . ■1020 SHADYHOOO RD . HAYZATA HN 55591 . . ■ 0^ ;. 50 17-117-25 20 001* 01000 SHADYHOOO RD JOHN J BURKE ETAL JOHN J BURKE 1000 SHADYHOOO ROAD HAYZATA Ml 55591 36 17-117-73 74 000401660 SHADYHOOO RD DURHOOO A TAYLOR OLGA M TAYLOR 1660 SHADYHOOO RD HAYZATA HN 55391 36 17-117-73 74 0014 00036 ADDRESS UNASSIGNEO COFFEE LANDINGS COFFEE LANDINGS 4777 H FAIR HILLS RD MINNETONKA Hn 55345 36 17-117-73 74 0017 01656 SHADYMoOO' RO MID SEIFERT JR HILTON H SEIFERT JR 1656 SHAOYHOOD RD HAYZATA . • .# • • • 17-117-25 24 0010 PROP ADDR OI««R NAHE TAXPAYER ■ ' 010*0' : SHADYI H R 0 R T ONLXE Oil ^ TAXPAYER ■ V). NXLLXAH i RHONDA. ONUI' . • : ; NAHE/ADOR [, 10*0 SHADYNOOO RD / / • •' - • :>-,.mYZATA Ml 55591. ' .. » •• . 1 •• , • • • ‘ - • . . . ( . . • : 50 17-11. . 24 0019 .01090 ' SK YHOOO RO. V J CASTAGHA A N J CASTAGNA VANESSA J A NEXL J CASTAGNA 1090 SHADYHOOO RO HAYZATA Ml 555*1 55391 TOTAL BATCH 005 00011 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION P’’ INFORMATION AS XT APPEARS THXSiOATE ON THE RECORDS OF THE HENNEPXF JNTY DEPARTMENT OF *»ROPERTY TAXATION, TO THE BEST OF MY KN0NLE06E ANJ BELIEF.. . 4/* DATE t, I ». • ' . % • I 111 T.'. *•'-.V : *• . • • • ’ V ■ ■ • ’* • ■ . . • • • • . • • o>-- : r xiiiiiiyii 1 CITY OF ORONO 1335 Brown Rd. South • RO. Box 66 Crystal Bay. Minnesota 55323 (612) 473-7357 PERMIT TYPE: Permit Number: Date Issued; BUILDING00466B 10/01/92 IITE ADDRESS:1860 SHADYWOOD RD CH P.I.N.; 17-117-23-24-0018 DESCRIPTION: ADD/2ND FLOOR,REMODE Building Permit .Type , SF-ADD/REMODEL Building Work Type UBC Oc cupanc y ?:'• ‘.RtS ; Construction -Type i'-' •'}, » - - .-.vVN cloning . ~ LR--1C r -inl .’-T« T jy.', ^P» • m .... • . . . * •* 4 «• « t <m . ... . ... . • ... • • . W « > rjTT orm FISmE OFFICE 1313100000 01 CEH 1339. 1350100000 01 CEH 010. 1222200000 01 CES 150. aSCK 71 2360. RECEIPT-THm YOU U254500 cool m 71 10/0 REMARKS: SEPARATE PERMITS REQUIRED FOR^LUMBING, MECHANICAL, FIREPLACE, LAWN IRRIGAT ON. & ELECTRICAL CSTATED: MUST PROVIDE ENERGY CALCES ASAR._ _ _ _ _ _ _ _ _ _ _ EE SUMMARY: VALUATi0NLi2^-$300,000 Base Fee Plan Review Surcharge Total Fee $1,339.50 $870.68 _ilS0.^Q0 $2,360"? 18 W ■ !l"Li:53 000.5^59 2749 BLACKSTONE AVE ST LOUIS PARK MN 55416 (612) 927-4933 WILLIAM 1860 SHADYWOOD RD ORONO MN 55391 47 I-0824 r: r’A m ^•vvTHE-UNDERS __ SPEC I FI ED SAND.TAGREESlgroSDO^tALl^WOi^lI NiS iei<E^THE^f?EAL3li1P^^^^ OMRLT ANCE.c WITH H ALLaC I T.Y »OFi^L. ■:~ir orono ; qrdtnancestand :^tat ^e ^innesoja ibu Ii^dingicode irequi rements .... *» «-• •— * r ... . »t•• - - , -^ ■* (5^j- r* r [4 Vrfn t //* ')/■Iy: U 7 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) Olga M. Tavlor [print name(s)] of 1880 Shadvwood Road [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1860 Shadvwood Road______also referred to as Land Use Application No. 1 (we) understand that in e.xecuting this acknowledgment, I (we) am (are) not asking to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. 0 / Property Owner Date l J?rVi Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building Zoning Office at least 10 days prior to the scheduled meeting date. ^ / ,4-U US -C i fj '^i'' r CT' ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENTFORM I (we)of !^ ce:0^ [print address] ^ have reviewed the plans for the proposed improvement or proposed use of the property located at 1860 Shadvwood Road_____also referred to as Land Use Application No. I (we) understand that in executing this acknowledgment, I (we) am (are) not asking to declare £^)proval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware o^ the improvement plans and that the proposed neighbor’s project or use requires Council approval. w-EOP! '-3?• HARDCOVER CALCUUTION WORKSHgfr ■ y / , \ n -’‘•'"-It-n SETBACK ZONE: (CIRCLE ONE) U- ^ ^ * * - Hardcover in Zone f * 250-500' 5Q0-1C00 A. House JIS'O X =. • ^^0 S.F. LENGTH x.'^O'O X. WIDTH -S.F. //0-/D X c=ad'4-• • S.F. X 10U1■31 S.F. /O-O X ^s- & /9-0 =S.F. fSJ-4 7 /.f-J— X - oI3-r-<0>i.frg =fli,S.F.B. Garage c. Driveway ' ■ ^ = _Z^ siR. C. Dr I AY A/O^J D.. SiDEWAL /I./7/S • F t ~~o - X ■<?9 E. Patio / Deck - X _ S.F. /(P-O •3’Q-o F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING G. Other S.F. S.F. S.F. S.F. C.F. S.F. a* Total Hardcover in Zone Total Property Area in Zone X 100 \ A- ' tS.F. .0>r Uv' ■ ^ J S9So^B Jj.^.Pno S.F. [I V* .' ..I'-'- 1n V, r ' t.. T '»I r J t I ! Hi rJ [ J *1 !fj ; J* 4 ( I ~i V\^ I ' f :ii'' * P: ' *- f \ 71 t ^ *►. !illl TT;'?i'‘n .- ff' ! ' t m I I I. i ♦' s w H V iJ I. I r T k 1 j • I , ' rJ_j‘iL'j li 1;.' ■ ;T ,■ • >\ A I \ > r I) Ml i \ f j ^1*. * \' \ |j *4 s I . I • —p-J f* :i-i i H . M li II' y. ';■•>:-X m|“l .j '| r"lif;...J. • V.rt{-«I l~L....'„i...v.?'i I I <. ►t :/v V-t <* ‘A1* 2 MLlAttirrtiP I rj'‘ 'J gL'J1 ^ .1 r, M 4 , ^ \x 'Ji&M'■f:-7. r. i:': i’t V / y '/ vr y/.yA :Au, m> U]f. -TUf, I I -A 1 }’ • ^ i J u 'M.0-1 r<, I. i 'I ' iif /1 ; i> * ( > * I J , lltSSlNii'. 4 L* X ..J. IW.. T ‘V_ \ I -*' .>' ^'. / f I t / ':5'/' U;/A 1 1 i 2‘i V . '' J<. ■ J '••• /•'/', ' L' Sia'4t^ ■?!.^i..^t>fc:i /. ‘u I »i ■ I - I..JL-.. J • •. . I' ff' I f u; •f > s\ I**: r. » • f >‘ V ..r" rf '* \ 1 '1 j cc, ■ .r 2 I*' r • h T I rI i ^ D i JC7 i I I 1*, 1 - » »- '4 'A. ! i * 1 i ‘1 '11 • ■ ,! ■ 1 ' i . 1 ' 1 ■' L 'K l 4r r: I• , (V I 4 f ! t 4^ 0 ; t ^ •* rr ■» •"l t .5 • t a o to . « > VI "I « d> ft* r* i n X ^•TD o — a t: • I •. r*» -fco ‘ Ij fj SJ 4* "1I, O 3 r* ^ ' '• *=^ «.. • • M crn ^ y r» rt r» :;•<»? -I•O IS .' !i V Q an ’':!!.o - ^ I: CT o a -| ‘ h ? J? ^ ^•i IP Cll Q» U • T ft VI n> •-CD 0 , B* § A » Q . .*o O. f+o-s o* o n »§•-10IP M ^ ^ D* (o1 ‘•:. s s - i:'.:'eMke "•’!/' 25 3 .11.1 § S10 ST^ • n VI .3^ ® •-1 V f V. I* CerlifIcdte of Survey for Oudne N. Hdl1 I hereby certify that this Is a true and correct representation of a survey of the boundaries of Lot 27 except the North 15 feet, said 15 feet being measured at right angles from the North line of said Lot. and Lot 28. all In Shadywood. and the location of all existing buildings and a drive way and patio* thereon It does not purport to show other lmproveo>ents or encroachments. coffin I G«0N0ERG. INC. Date : 1-21-85 Scale: I" • 30* • : Iron nifiier Hark V. uronDerg Lie. iio^T2/S5 Gordon R. Coffin Lie. No. 6064 Engineers I Land Surveyors Long Lake, Minnesota fUhi S . . • • • HARDCOVER CALCULATION WORKSHE; SETBACK ZONE: (CIRCLE ONE) 0-75' (l5-2S ^ 250-500' 500-1000' B*b*b»s Hardcover in Zone ■■ A. House x ■3S'-0 = : PSO s.f. length width 30 -d V S.F, /O'-fO S.F. V 5-5 ^ -5/S.F. B. Garage / S.F. c, Drivewav -M-S.F. r:S.F S.F. D.. Sidewalk _3-0 V 52-0 = X52 S.F, — S.F. r y_->- E. Patio/ M-o S.F. 'ATIO/^bECK 5 /O o ^ -o . , OOP?S.F. F. Landscape areas UNDERLAIN BY PLASTIC SHEETING S.F. S.F. S.F S.F, 6. Other A r f-i•- py■jk, '.r / iJm Total Hardcover in Zone Total P roperty A rea ifj Zone -A _B X 100 To; From: Date: Subject: Chairman Kelley and Planning Commission Memb^^-j* Mayor Peterson and City Council Ron Moorse* City Administrator . Mabusth, Building & Zoning Adminc^rat^Jeanne A October 13, 1992 #1770 Bill and Laurie Cornelius, 960 Tonkawa Roet^ Variance - Public Hearing 0^ Pertinent Ordinance 1.Section 10.22, Subd. 2 - Average lakeshore setback variance. The existing and proposed new residence are located in front of the average setback line. 2.Section 10.22, Subd. 2 - 0-75' setback area Allowed = O' Proposed = O' Lakeshore hardcover. = 40,875 s.f. 75-250' setback area = 82,509 s.f. Allowed = 20,627 s.f, or 25% Proposed = 17,096 s.f. or 20.7% List of Exhibits A - Application B - Property Owners List C - Plat Map D - Map of Average Lakeshore Setback Line E - Survey F - Street Elevation G - Lakeshore Elevation Description of Request The applicant proposes the removal of all existing improvements and to redevelop the 2.8 acre parcel for new single family use. As already noted, the existing house is located in front of the average setback line. The proposed structure will be located further back from the existing residence setback but still completely located in front of the average lakeshore setback line. The residence structure is designed as a walkout. Review Exhibits F and G. Applicant is forewarned that all excavation required to install walkout must be well behind 75' setback line. Upon application for a building permit, applicant must provide detailed grading and drainage plans and confirmation that all excavation or changes in elevations are located out of the lakeshore protected area. Zoning File #1770 October 13, 1992 Page 2 The structure meets the height requirement measured at the street side at a mean height of 28'. Please review Exhibit E. Note pool shown in lakeshore yard to be installed in the lower lakeshore yard elevations. Applicant should advise if this is to be included in the current variance application for an average lakeshore setback. It should also be noted that applicant has approximately 3,548 s.f. of additional hardcover allowance available for development of the remainder of the residential property. Upon application for a building permit, the owner may wish to have a surveyor reconfirm the 0-75' setback area and the 75-250' setback area because of the irregular and curving shoreline . Hardship Statement Refer to Exhibit A. Applicant notes the unusual shape of property and curved shoreline. If house was to meet average lakeshore setback line, it would have to be placed 270' from the shoreline. A third of the 2.8 acre parcel is located within the 0-75' setback area. Options of Action Denial, OR Approval as proposed. OR Approval as amended. Any condition of approval must include the following: 1.Upon application for a building permit, applicant must provide detailed grading and drainage plans for both principal structure and pool. No land alterations will be allowed within the lakeshore protected area. 2.Applicant is to obtain demolition permit for removal of principal and accessory structure from the City prior to razing of structure. Isv Zoning File #1770 November 2, 1992 Page 3 Additional Comments and Planning Commission Recommendation The Planning Commission unanimously approved the average lakeshore setback variance approving the proposed new residence and lakeside grade level pool. The enclosed resolution has been drafted per the Planning Commission's approval recommendation for Council's review and action. Isv A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 PILE #1770 WHEREAS, Bill and Laurie Cornelius (hereinafter "the applicants") are owners of the property located at 960 Tonkawa Road within the City of Orono (hereinafter "City") and legally described cs follows: refer to Exhibit A enclosed, (hereinafter "the property"); cind WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10*22, Subdivision 2 to periP.it the construction of a new residence and a grade level lakeside pool to be installed in front of the average lakeshore setback line where no such encroachment is allowed by ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1770. 2* The property is located in the LR-IB, Lakeshore Residential Zoning District requiring one acre in area. The subject property consists of 2.8 acres. 3. The Orono Planning Commission reviewed this application on October 19, 1992, and recommended approval of the proposed variances based upon the following findings: A. The lakeshore lot has an unusual shape with several lineal feet of curved shoreline area. B. The house would have to be set back 270' if it was to meet the average lakeshore setback line for the property. C. Over one-third of the 2.8 acre parcel is located within the 0-75' setback area. Page 1 of 4 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a principal structure and grade level pool, subject to the following conditions: 1. Upon application for a building permit, applicant must provide detailed grading and drainage plans for both principal structure and pool. No land alterations will be allowed within the lakeshore protected area. 2. Applicant is to obtain demolition permit for removal of principal and accessory structures from the City prior to razing of structures. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 9, 1993). Page 2 of 4 L. 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have re«.d, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of November, 1992. ATTEST; Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OP MINNESOTA ) )ss. CCUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November 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 i 1 STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 199 , before me a Notary Public within and for said County, personally appeared knowr, 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 4 EXHIBIT A LEGAL DESCRIPTION: ! That part of Lot 19, Auditor’s Subdivision No. 217, Hennepin County, Minnesota, Lying easterly of the easterly line of the plat of Partem ood, according to the plat thereof on file or of recordin the office of the Registrar of Dendsin and for said County. ALSO Lot 18, and that part of Lot 17, Auditor's Subdivision No. 217, Hennepin County, Minnesota, whicti lies northerly of the following described line and its extensions: Commencing at the point of intersection of the northerly line of Tract A. Registered Land Survey Nc 617, files of Registrar of Titles, County of Hennepin, and the northeasterly lint, of County Road No. 135; thence North 23 degrees 20 minutes West along said northeasterly line of said County Road No. 135 and its northwesterly / / / L, CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional varianci Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 9 6 o (Li^___________ 3 / - 'J if. •^1 . • • j I. • V' •A 1.7 iCc;tyc CRONC ■fu [M E L□11WfB u SEP 2 5 1092 Property Identif. Number (P.I.D.) ooc»3 Attach legal description to application if not included on required survey. CITY OF DRONQ Date Pr-^>.^-ty Acquired oA» (month/year) FJflAtiCE OFFICE I no_0 also own the adjacent parcels of land. I'JSOnOoOOO ^^c: v\ Present'Use^of property: residential ____other(specify)^_ yi zoning District:-------UW_Ui --------------------- ^"P^^y,rLT^f.X Ym' . j-s^Tfolooi hoirm APPLICANT (?) . ■•I i - t j.0. Name Phone (work) ^ ----------^ Address: Ocv-W v-VAi C\City; t.Zip: SS2 yy OWNER (if different than applicant) i. Name ^ V-ooo.rv_a. Osv* v\«-Vv-q-q. Address: Vc>^c.v»\Al Phone (home) _ _ _ Phone (work) m city; Zip: S^ ^ DESCRIPTION OP REQUEST Estimated Construction Cost $ .iTS' Q. o0 o Describe request in detail: <t-.X £oOn ^ TS y"Cv3jO~ T’iiui ■ i c>vc\^''>t ------------------------------ VARIANCES REQUIRED Lot Area Setback: Lot Width Hardcov 2r Lot Coverage Front Side Rear v' Avsrac'o T.akesh Dre Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:- - - - - ,, \ Vi-. fvt-t*> V~^V. - r • • • • • (attach additional sheets if necessary)REQUIRED SUBMITTALS All of tihe following information must: be submitted by the application deadline date in order for your application to be considered complete; 1. __Completed Application Form 2. _ _Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _Plat Map (obtained wi’h property owners list). 4. _Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8h"xll" for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Jj"xll"). 6. __Slcetches or plans of floor & elevation views (provide 1 copy 8%"xll”). 7. _^As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. __^Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and connect to the best of his/her knowledge. Applicant's Signature /Date 7 " Y '*7^ OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commif-'.i on members, and Council members for purposes of investiga tion and ver?lication of this request. ~P ' /* 7 ’Owner's Sig:. ture _ t cr (_ f''Date Applicant must have ail submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scneduled 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 r.eeting. I yv -RUN DATE 09/17/92BATCH 010 HEr«<EPIN COUNTY PROPERTY INFORMATION SY.'TEM PROPERTY OWiERS LIST REPORT NO. PI'*55'*01 PAGE 29PROP ADDR Ol'INER NAME TAXPAYER NAtlE/AODR 30 08-117-23 12 0001009C0 TONKAMA RD L 0 DORR/M A DORR TRUSTEES LAURENCE A MARILYN DORR A335 NOODLEIGII, FLINTRIDGE LACANADA CA 91011 38 00-117-23 12 000200970 TONKAHA RD J R OOER6 SEA ODERG JAtlES R S EMILY A OBERG 970 TOfaCAHA RO ORONO MN 55356 38 08-117-23 12 000300960 TOrWAWA RO DAVID J RIOLER ETAL DAVID J RIDLER 2925 GARFIELD AVE 5 MPLS MN 55-^08PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 12 000900030 ADDRESS UtUSSlGNED DAVID PIDLER ETAL DAVID RIOLER 2925 GIRFIELD AVE S MPLS MN 55''t08 38 08-117-23 12 000600990 PARTENWOOD RD BRUCE S MARY EtJGELSMA BRUCE 8 MARY ENGELStIA 990 PARTETO-IOOO RD LONG LAKE MN 55356 38 08-117-23 21 001900955 TOfJKAWA ROJ 8 M GILBERTJAMES H 8 MARY M GILBERT955 TONKAHA RDLONG LAKE MN 55356PROP ADDR OWJER NAME TAXPAYER NAME/ADDR 38 08-117-23 21 001500975 TCNKAWA RDA J FARAS 8 M K TAVEGGIAANTHONY J FARAS975 TONKAHA RDLONG LAKE 55356 38 08-117-23 21 001600985 TONKAHA RO GABRIEL E JABBOUR GABRIEL E JABBOUR 21 UNIVERSITY AVE N E MPLS MN 55913 TOTAL BATCH 010 00008 f.T' 1 CERTIFY THAT THE FACTS REPRESEfCTEO ARE AN ACv-URATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEtaiEPIN COLtlTY OEPARTMEtJT OF PROPERTY TAXATION, TO THE BEST OF Mt KNOWLEDGE AND BELIEF. ^ ftDATE - - - -d I ■ I I _t ; t:: . ;• V := r-i I. _______ |l «i ~.u gaU ‘ X. ^ • f ^ ^ i\. -*xx—S--r ; «■ i s.. V;, , :i.,L^-i=:=-. rr^-.n « -••-'T ' T'”v:^’n . J • ■ i I *' ^ ’ » 'M ‘■:'s’.':.'{5.;; •,... • .1. *, n*. »• ► i’V V. ■: :. y • ;••: .1) •!;i ^i'<' N. {;‘•. ];••'•''.. (, ;• ;V • *;• T l*;l»V'- 1 i ■\l', *' ' I' % [J--^ - I ■ » ~ ^ 1 aEL-fe-ATT -=rrt.^j'L:-i • wVlSf-tt M f., • . ‘ i. : V' ■ ■'"v-hi.l‘ • ’*j vl S^iii * 1 -■^v: ■; •. * • , '• V- •'?!''' K »f..; ,.4 ■ . V k* I f * » I I I” ■ V '• '« »1 • I i • « • Bi orxTi:: IJ.lLiJ.JllH i;iiiTirnr li.iyyjag xirjxrx -If int inrMr: xTr.Tirinc _.ii iiirix-ic niTliTTX ljl.il Xl'.llX "jiViixSa: i_iU!XllJX I. ^ V *H. I WM 'ii I: I' •> ». I N »» nrrirrrJi.* Jr;r.|‘ i * vf ‘ ji: '■ • i;: jinrj xx; QlMEilfii? :r TI'II'JLuIIJSS ^ ■* I i "f*®sii !i'XijL.irrjDi XllZIllIlEil .i: iinciolBiis^—-------t-irrsrr- ,X 3 rsra«'.: t*eu^ 5'* ft f ‘ V .. I. *» 1 • I' \ • I r: 'i‘ ij:' ^ iKr-.’ r 'V 'ii'- « •l!i’, "J I '■. •'I 'l •'! •• ■'•M-x ^ ; ‘ •. ,1 * ! - •1 . » / / ]■ r • -!• ‘ ^ .1 > * . ... ., ». I t « iVi • «.* ■• r*. ^ i I t I t< . ' ♦ t To: f From: Date: Subject: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrato^^^ ^ October 14, 1992 #1771 James and Sarah Markoe, 340/350 North Arm Lane - V Lot Line Rearrangement - Class II Subdivision - Public Hearing % Zoning District: LR-IA, Required area = 2 acres Pertinent Ordinance Section 10.23, Subd. 6 (B) A. Lot area review: Lot 1: Existing 5.39 Proposed 5.01 Lot 2: Existing 4.13 Proposed 4.44 B. Lot Width, required « 200* Lot 1: Existing 176.12* Proposed 278.12 Lot 2: Existing 176.13* Proposed 74.13 Variance = 125.87* or 63% ♦Refer to Exhibits E and F. Width variances granted in 1976 at the time of the North Arm Estates, Second Addition. Lot widths approved at 176 +', 200* required in 1976. Chapter 11, Class II Subdivision is proposed as a plat rather than a metes and bounds division because of the comple<ity of the new proposed division line. In addition, there is a need for applicant to grant drainage and utility easements, right-of-way and drainage easements over drainage swale and channel area to east side of property. Zoning File #1771 October 14, 1992 Page 2 List of Exhibits - A - Application B - Applicants' Addendum C “ Property Owners List D - Plat Map E - Council Minutes 7/26/76 F - North Arm Estates, Second Addition G - Planning Commission Minutes 2/20/90 H - Council Minutes 3/12/90 I “ Amended Septic Map Lot 1 J - Conceptual Transportation Plan K ' Map of Ownership, Right-of-Way, Access L - Preliminary Plat M - Weckman Memo Peview of Former Subdivision Application (#1490) The original lot line rearrangement was presented in 1990. Review Exhibits G and H. The Planning Commission denied the application based on the magnitude or intensity of the lot width variance required. There was also the issue of right-of-way for North Arm Lane shown at a 33* width. Members may remember the unique history of this property. The 33' right-of-way of North Arm Lane was created by the original owner when all surrounding properties were one fact, although the City maintains the roadway as a public road and has for many years, the 33' parcel is owned by the property owners to the north, refer to Exhibit K. In an earlier subdivision to the south, the City acquired 17' of right-of-way. City had asked for 17' of right-of-way from the owners of the su property but due to the impact on the septic, applicants sought special consideration and asked that only 8 1/2' be acquired at this time. The remainder could be taken from the property to the west side of the platted right-of-way at the time of a future subdivision. The Council conceptually approved the lot line rearrangement and requested that applicants provide additional septic information to confirm that^ 8 1/2' of additional right-of-way would not Impact the drainfield sites. The applicants did not proceed with the subdivision as the current owners, Mr. and Mrs, Markoe purchased both lots. The Markoes have filei the current application because they will be leaving the state. Members may a ; remember Lot 1 as it exists today was incapable of supporting anything but the 2-bedroom mound system in the present confirguration. T’.is resulted from an earlier conditional use permit whereby five of che property owners adjacent to the channel area requested dredging and filling permits. Both Lots 1 and 2 received the majority of the spoils from that dredging project. Unfortunately, Lot 1 received the most impact because the steeper elevations along the west side restricted development of mound systems. Zoning File #1771 October 13, 1992 Page 3 Review of Current Application The proposed subdivision has been presented as approved by the Council in 1990. Additional septic testing has been completed. The applicants have staked the new right-of-way lines so that Stephen Weckman has been able to confirm the 10' setback. (Review Exhibit M.) The subdivjwson is now proposed as a plat as the City will ask for drainage easements over the swale and the channel area to the east side of both parcels. The new right-of-way shall be dedicated as well as customary drainage and utility easements along the perimeters of each lot. Options of Action Denial. Approval. In the original review, the City held that it was important to obtain at least 8 1/2' of right-of-way based on the potential development of properties to west a.id north. (Applicant would withdraw application if 17' was required.) Review Exhibit J. Conceptual transportation plan for immediate area developed by staff as a result of other subdivisions proposed to the immediate north and west of the property. Approval of the lot line rearrangement will require approval of a lot width variance. The following findings can be made: 1.Applicant has attempted to acquire additional lands to the north and was denied by owner based on future development plans for the property. 2. Lot was already created at a substandard lot width in 1976. 3.The additional lot width will provide additional area for suitable septic development of mound systems. The following conditions may be considered with an approval recommendation: 1.Applicant to create covenants defining location of septic areas to be filed in chain of title. This must be done to insure septic sites are protected prior to development and after development because this will be the only suitable areas for septic development for residential use. 2.Septic areas must be staked prior to the issuance of building permits for new residential construction on either lot. 3.Granting of drainage easements 15' either side of the center line of the swale and over the northeast and east side of property where channel intersects the subject property. 1 1 Zoning File #1771 October 14, 1992 Page 4 4.Dedication of 8 1/2* of right of way to be shown as North Arm Lane. 5.Dedication of drainage and utility easements along ^he boundaries of each of the lots. Drainage and utility easements may be 5' on either side of the shared lot lines and 10' along the perimeters of the properties and may be omitted along the channel. Zoning File #1771 November 5, 1992 Page 5 Additional Comments and Planning Commission Recouonendation Additional Exhibits N 0 P Q DNR Permit of 1968 Outline of Channel Topographic Map Designating Channel Area of the Property Page 3 Resolution #2302 The Planning Commission once again denied the lot line rearrangement as proposed finding the obvious gerrymandering^ of lines too excessive and felt Lot 1 as it exists could still support a residential structure limited to two bedroom use. Review Exhibit Q, The resolution approving a conditional use permit for the filling of spoils on both lots from maintenance dredging of channel in 1988 clearly warned both property owners who had to sign off on the resolution of potential negative impact on future on site septic and subdivisions. The Planning Commission was also concerned over possible negative impact in future subdivision reviews if full 17' were not acquired with current subdivision. Council members may remember in the 1990 subdivision review that there was only one option if we were to receive any right-of-way . The septic areas would be useless if total 17' was required and applicant would withdraw application. At the Planning Commission meeting, staff raised the issue as to whether the lots would now be considered lakeshore property based on the recent Shoreland Regulations adopted by the City. Historically, the City had refused to recognize the channel as providing navigable access to these interior lots.^ In 1976 the lots were not considered lakeshore lots and a lot width variance was granted to the required setback to the rear of the 50' street setback. In the 1990 review the City was prepared to grant similar variances and the issue of reparian access or lakeshore lots was not raised. It may be Council's decision to proceed as before in the earlier subdivisions. In 1968 the DNR had issued permits for the dredging of the channel but until the final resolve of the matter of dredging by the State Supreme Court, the issue of riparian access for these properties was never addressed nor recognized by the City. Zoning File #1771 November 5, 1992 Page 6 In reviewing pertinent sections of the new Shoreland Regulations, specifically Section 10.02 Definition 43 (B) - Lot Width, Subdivision 1& (C) - Placement of Structures and (L) - Hardcover Limitiations, staff would suggest that lot width must be measured from the navigable channel ai.eng the east lot line. The new lot line rearrangement would <ctually bring the properties into conformance with the new re .ulations whereby Lot 2's substandard width at 176' is now increased to 226'. Lot 1 is now shown at 201' width measured in a straight line adjacent to the channel and at the 75' setback line. Options of Action Denial, based on the findings of the Planning Commission, Approval, based on the findings and conditions set forth in the enclosed approval resolution. If Council wishes the resolution to be amended to approve lot width variance as noted above, the enclosed resolution must be amended. A RESOLUTION GRANTING M'PROVAL OP A LOT LINE REARRANGEMENT OP A PLAT INVOLVING PROPERTIES LOCATED AT 340 AND 350 NORTH ARM LAME PILE NO. 1771 WHEREAS, James and Sarah Markoe on September 22, 1992 filed a formal subdivision application v»ith the City for approval of a residential subdivision of a plat of a lot line rearrangement of property legally described as Lots 1 and 2, Block 1, North Arir Estates, 2nd Addition (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 Platting Codes, the Orono Planning Commission held a public hearing on October 19, 1992 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon? and WHEREAS, at their regular meeting held on November 9, 1992 the Orono City Council considered the subdivision application of Sarah and James Markoe, noting the following findings of fact: 1. The property is located within the unsewered areas of the LR-IA Single Family Lakeshore 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 9+ acres. 3. 4. The proposed plat of a lot line rearrangement will still provide each lot with 3+ acres of contiguous lands. The lot line rearrangment as proposed will bring the lakeshore properties into conformance with the required width at 200' measured in a straight line adjacent to the navigable channel and at the 75* setback line. Page 1 of 4 r NOW, 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 James and Sarah Markoe per the survey by Mark S. Gronberg dated December 18, 1989, revised September 24, 1992, subject to the following conditions: 1.Applicant shall dedicate 8-1/2' of right-of-way for public road purposes. 2.Applicant shall grant conservation and flowage easements over the drainage swale that intersects both Lots 1 and 2, over the designated channel that intersects the property below the 930 elevation and the designated wetlands that slightly encroach the northern boundaries of Lot 1. 3.Septic areas must be staked prior to the issuance of building permits for new residential construction on either lot. 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 l"s=200*. Drawing to include: A.Lot lines platted per preliminary survey by Mark S. Gronberg dated December 18, 1989, revised September 24, 1992. B.Dedication of "drainage and utility easements" 10| wide along all perimeter property lines and 5' each side of internal property lines - this may be omitted along the east boundary where the City will obtain drainage easements for channel. Designate and dedicate drainage easements over the following: Page 2 of 4 i 1) Drainage swale to be designated at a 30' minimum width. 2) Drainage easements to be taken over channel to commence at the 930 elevation or top of the bank of the channel along the northeast and east side of plat and to continue to the top of the east bank if located within property. 3) Drainage easements over designated wetland areas that intersect northern boundaries of Lot 1. 4) Dedicate 8-1/2' of right-of-way for North Arm Lane. 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 cill 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 Easement over all drainage easement areas as specified above. (See boiler plate attached) D. Covenants in a form suitable for filing defining location of septic areas to ensur' protection prior to development and after development as this will be only suitable area for septic development for residential use. Septic areas must be staked prior to issuance of building permits. E. Th** naming of the plat. 3. FEES TO BE PAID; Total Due $175.00 A. Legal review and filing fees of $175.00 Page 3 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of November, 1992, ATTEST j Dorothy M. Hallin, City Clerk Barbara A. Petei^ n. Mayor STATE OF MINNESOTA ) ) s s • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 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 4 of 4 Page 4 of 4 CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION ajLf- "*^1 ^ ,/ I c iAddress '^AO^'^Sn Nnr^h Arm T.nrip Drr>nr>, Mn S ■? Kl—, 06-117-23-24-0009Property Identification Number (P.I.D.) n^-i 17-9^-9/.-nnin i!/ u / i 1- Please check one - Property abstract or torrens? Attach legal description to application. APPLICANT Phone (home) aio-*)77_n^^2 Name .Tnmpg ^ 5>nrah .Tnnp MarVno Phone (work)_6^t^,^3306i2 Address; p.o. Box 817 City: rpmHpn mf Zip:.0484 3 OWNER (if different than applicant) Name Same Address: (attach list if more than one) Phone (home) Phone (work) City:Zip: EXISTING LAND USE Number of Tax Parcels Development Size 9.32 a _:>n 9.■52 Present Use (check)VAf!nnt: Present Zoning District lria Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units _____ Other (speexfy) VAcanf Rpg^f^pn^^fl^ PROPOSAL Division for Tax .Purposes » Lot Line Rearrangement 0.~*ly (no new building sites) Subdivision for New Building Sites Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) 0.21 196,020 Existing Units New Units Total Units Units per _ _ Acres Sq Feet Dry Buildable Land Residential Other (specify)_ _ _ _ _ _ _ _ MINIMUM MATERIAL NECESSARY FOR COMPLETE PRmiMINARY APPLICATION1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ Date 1. Payment of fees (park fees^ filing fee^ sewer and water assessments). 2. 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 Preliminary Review (Class I s II Subdivision) $200.00 300.00 300.00 Preliminary Review (Class III & all non-residential) 325.00 + 25.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 175.00 150.00 100.00 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 establish^ by ordinance. Applicant's Signature Owner's Signature 1 j/ /L !'/’<> j ^7 ill submitti Date Date MX Applicant must have all submittal's 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 to advise the Building & Zoning Office of this change prior to the meeting. r Family Tradilion Since I5?35***“ Wayzata/Lake Minnetemka Office 1120 Eiist Wa>7ata BKxl. Wa>7nta. MN 55391 Office (612)475-2411 FAX (612)476-5333 u ».vlI’V'.; 9•a ci n 1 September 25, 1992 Jean A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Orono, Mn. 55391 Dear Ms. Mabusth: Enclosed is an application for a class 2, two lot subdivision of the property at 3A0 & 350 North Arm Lane in Orono. Also enclosed is the application fee of $300.00 and the list of property owners within 350 feec and the previously approved preliminary plat drawings. The preliminary plat was previously approved by the Orono City Council at their March 26, 1990 meeting. No final plat was submitted because both properties were sold to the present owners at that time. The owners are now moving to Maine and desire to reactivate the subdivision for lot line rearrangement to enable both lots to have adequate septic systems. Also submitted along with this application are the previously completed septic reports by Stephen Shermer. Please submit this application for consideration at the October 19, 1992 Planning Commision meeting. Sincerely, Mike Steadman Representing presenting: Jim & Sarah Jane Markoe present owners A Plfanoal oom|Miy □ mis C£) RUN DATE 12/12/89 BATCH 005 PROP ADOR (»t(ER NAME TAXPAYER NAHE/'AOOR PROP AODR Ot«4ER NAME TAXPAYER NAME/ADOR PROP ADOR OHNER NAME TAXPAYER NAME/ADOR 38 06-117-23 12 0003 04355 BAYSIDE RO VCI CAPITAL INC vex CAPITAL INC PO BOX 375 LONG LAKB MN 55356 38 06-117-23 24 0006 04S90 NORTH ARM DR H 0 C OLSON A V S OLSON DONALD C OLSON 4590 NORTH ARM DR H MOUND MN 55364 38 06-117-23 24 0011 00366 NORTH ARM LA HAM LARSON HARK JAM LARSm 366 NORTH ARM LA MOUr«l IM 55364 .4 HEWiEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. PI435401 PAGE 1038 06-117-23 24 0001 00215 NORTH ARM LA JEANNE T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUND MN 55364 38 C6-117-23 24 0002 00215 FK)RTH ARM LA JEAtP4E T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUtJO rM 55364 h 38 06-117-23 24 0009 00340 NORTH ARM LA KATHERINE P AXEL KATHERINE P AXEL 4223 147TH PL N E fl02N BELLEVUE HA 98007 38 06-117-23 24 0010 00350 NORTH ARM LA FIDELITY DAfK AND TRUST CO JAMES OR EVLYN H ADAMS 10603 QUlfKY BLVO N E MPLS rM 55434 J-'N 38 06-117-23 24 0012 00360 NORTH ARM LA R 0 BACKERUD SOS BACKERUO ROONEY 0 A DIANE S BACKERUD 360 ARM LN N MOUND tOJ 55364 TOTAL BATCH 005 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE Al^O TRUE REPRESENTATION OF INFORMATIOT^ AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COWTTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST DATE n •^ir**^* rST) (SI o(^- HI- <55 H ■ARM W I CdlAIC;# ruukilbl AUU/9 OA M ■*• V m^T.i Assf isnrss V w r •-» • —^ ( S X0 J74 "K - I ? «>1 #1490 1'\U "^vinrr •* fsr. 11 •V t •«*••• *rf C> '• v ’’C ~i ri'J f >1'^ 7' ;?*'■ ’ .li -iMHI f • »' ‘ .r4 • . k V. »,»> •'<■< ? •. ti . !• ■ C.-’> ‘I - . «• V • ■ « •» « ¥ -i i ORONO COUNCIL MEETING HELD JULY 26, 1976 Paurus moved, Butler seconded, that the request of Park Gun Club, 3660 Sixth Avenue North, for a conditional use permit, be referred to the Planning Commission* Motion,.Ayes (3) - Nays (0). Paurus moved, Butler seconded, that the request of Joseph Whitney, 040 Old Long Lake koad, for a variance, be referred to the Planning Cv'uamission* Motion, Ayes (3) - Nays (0). Paurus moved, Butler seconded, that the request of Klaus Becker, 511 North Perndale Road, for a preliminary subdivision, be referred to the Planning Comnission. Motion, Ayes (3) - Nays (0). Paurus moved, Butler seconded, that the request of tfalt Massengale, 2711 Kelly Avenue, for a lot area and width variance, be referred to the Planning Commission. Motion, Ayes (3) - Nays (0). Paurus moved, Butler seconded, that the request of J, Richards, 3243 Casco Circle, for a lot area and width variance, be referred to the Planning Connission* Motion, Ayes (3) - Nays (0). Henry Muhich, Building 6 Sonlng Administrator, ■tated that the property of Thomas Glare, 350 Norvh Arm Lane, is located in an LR*1A residential xone with minimum lot requirexMnts of two acres and 200 ft. width. This total parcel consists of 9.6 acres and is 352 ft. wide at tht, road. Mr. Glare is requesting approval to subdivide this parcel into two lots of approximately 176 ft. wide* Both parcels, however, would meet the minimum Parcel A consists of 5.4 acres with 0.4 acre of wetlands and the area of Parcel B is 4.1 acre. A public hearing should be scheduled. Planning Connission « March 1, 1976 The Planning Commission scheduled a pul^lic hearing for April 5, 1976 at 8t00 P.Il. Public Hearing - April 5, 1976 After the public hearing, the Commission re_ to the Council approval of the subdivision and variance request as submitted. Council Meeting - April 12, 1976 The Council approved the petition as subsiitted. nded Page 3 OONOXTXOMAL 081 P8BMXT 3660 Sixth Avenue North 1 • VARXAMC8 840 Old Long &a^ Road 8UBOXVXSXOM V./ti . 511 North Pemdele Road ;.d.' ; .* V •* * / '' VARIANCE 2711 Kelly Avenue - VARIANCE 3243 Ceeee Cixele^ . *• '.Y • • r FINAL SUBOXVXfXOII^’ 3S0 North Am - . . yllli --iO-"; K'ii;*’ rv 4h» CCeetioeed): ‘-.V i • ' , ' * ' . • . . ‘j < • . - , » ^ • ♦ / * • *^ • •'V - • . / / * . .- • ' - -V* V .. .-./v /;v- ■■ .:••>‘-^iv y;^. /£ ' ■• • " ■'••''■.V ■-.■ •.'■ ^ •* • •-.i ■ i-^ • </ -^ • ; ■ * • »* • f . M'**' -I ,» .* • • I*’ 1# OROIIO COTOCn. flEETIMG HELD APRIt 12, 197s MeondRa, that the ?ST2J!rf “0 variance for buiWlM ?2fi "•• *?™-* ‘® erect an accMio?;thr?? tetorage ihed) on hie property. lebeview Terrace (Lit 1 ™re aSd^th«S5!I***! ®* «PPPO)tlmately onelot r:s^iJ5Js:t'"? 2s;’a2?:.r“ of’thlJMlii? 5*7* “• eajacent Lot 2, Block 1 anout 75% o. Lot 2 to be marsh and wetlands. eny future problems, 1 the tST^Jr^Jif**®"*'’ • oomblnatlon of Planning Commission Meeting - April 5, ijyg Convnlsslon ImgAH to mirnmmji^^l requlr"|T? ROSScotnbln# hla homoitGad proportv h<m«*»3e^”S*f^5 JegSeS^Sd r.s.is%r«.‘S advised the Conmiission that 2 TOmblna?f^° would prevent problems that migh?^rM^l?"f?S;i any new ower purchasing the property aa l^T over the sale ,f each indi^dual p^ral? JSb “it‘'?rth “ ^in“?i;roJ"2^iri‘’: Lon, Lake Country Club Addition. Into Tstogfi"'’' M& ................... SUBOZVXSXON « -VARIMICB > * 350 North Ar» Idm# a;* CONDITIONAL OSB PEWIlT^fV ': I960 LsXevisir Tsrrseei*i^y ... • , . . i- •- . -' .».• t* '*• “• e.-^ ^ •» •■>' '..'T. ,^% , . • .*1 V •“cjjL ’•■iv' » I ,, • ,.<> '< iS • .'k-;r.‘h<v6.; * V.* ''■"‘■'.is '•‘ ‘'i r«. ; ^ s; w' ‘ Vi ' , ' ^ Ai4i ■y.'-'.VflM .-.;;2-K'a V* • em e • •. # J| f- WM rp ■ \ X‘%-A h-': • *i‘r • >\' >.X . 1 W!• •« . 1 ■ ■ ■.'•■•V'- • • ^ ; 'i-vC itAlfTr' •>. ^> .->■ ■: > ^‘V IDUMv'^'T.:*■ii •1 .'<-i^ •*.* ••* • t ^90* *««A KM • • vrr*:i :Vjv:; , V 'T'-> W VK" ~ ■' vw-**^' '.**•• % • _ iL^. :Tiy:'ij \ .••f ■ mi'Mi • ' » * • ♦ KS4 •I . I Miai ^ ,}.;.:]0»W • ■‘ ‘V ‘./; •r . • » : . ^ '. • • •• ‘••'vTV ' imB I ^ % I .. MINUTES OP THE PLANNING COMMISSION MEETING PEBROARY 20, 1990 ATTENDANCE 7:00 P.M. The Orono Planning Coimnission met on the above date with the following members present: Chairman Kelley; Planning Commissioners Cohen, Hanson, Bellows and Brown. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Goetten attendea and CounciImember Callahan was also present. #1490 K-P PROPERTIES 340/350 NORTH ARM LANE PRELIMINARY SUBDIVISION LOT LINE REARRANG: PUBLIC HEARING 7:04 P.M. - 7:30 P.M. BNT The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Don Peterson and his partner was present for this Public Hearing. Mr. Peterson said that he had a p . nase agreement for Lot 1 contingent upon there being a satist ry solution for the septic system. He said that this is a -time opportunity to devc-lop both lots to the full potential. .ie requested that the lot line rearrangement be approved without the additional 17' of right-of-way being dedicated. He said there was already 33 granted by the property owner to the north in 1925. No further of—way was reserved and he understands that the City would like to have 50' of right-of-way. Mr. Peterson said that he would have no objection to the additional right-of-way, but it will interfere with the septic system. Peterson said he had talked with the property owners on the west side of North Arm Lane regarding subdivision of their property. They could dedicate 17' of right-of-way when they subdivide, but they are not interested in subdividing at this time. Chairman Kelley asked how far down North Ann Drive City sewer extends. Mabusth indicated the location on rhe map. is? Planning Commissioner Cohen asked how wide North Arm Lane Mabusth replied that it is 33' wide and the City is maintaining the roadway. Planning Commissioner Hansor asked how a determination is made in regard to which roads the City maintains. & J MINUTES OP THE PLANNING O [ISSION MEETING FEBRUARY 20, 1990 #1490 K-P PROPERTIES CONT Mabusth said that she was not aware of a policy regarding public maintenance of roads privately owned. Mabusth noted that at the sketch plan review of this matter, it was suggested that the right-of-way shown came from the east property. That theory has been disproved by the City Attorney. The road was previously known as County Road 43 or Town Road, and was vacated. The specific road corridor was created by former owner, who owned all of the land in the area, for access to North Arm Drive. Mabusth also informed the Planning Commision that North Arm Lane does not directly intersect with North Arm Drive. There is a private proper-*-y area over which everyone must have an easement in order to access their properties. The City, by maintaining the road for many years, would now define the road as a public road. Kelley asked whether the City would take right-of-way from the west side at the time of subdivision if it obtains additional right-of-way from the east side? Mabusth replied that the City will acquire enough width to make up a 50' right-of-way. Bellows noted that taking the right-of-way from the east side will not render the lot unbuildable, it will only *imit the size of house that can be built. Kelley noted that the Planning Commission is also being asked to recommend approval of a 62% lot width variance for Lot 2. Bellows asked if taking 8.5' of right-of-way from the east side would still impact the septic site? Gaffron replied that there is no leeway at all Hanson asked whether it would be possible for Mr. Peterson to obtain additional property? Mabusth replied that Mr. Peterson has tried to work with an adjacent property owner to no avail. Mr. Peterson explained that should that property owner agree to provide additional land to him, it may jeopardize their potential future septic sites. Mr. Mark Larson, 366 North Arm Lane, asked how the City came to own North Arm Lane? r MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990 11490 K-P PROPERTIES CONT. Mr, Peterson replied that there was a legal opinion that stated if the City maintains a road for more than six years, it is considered City ri5ht-of-way. He said that the City Public Works Director nad indicated that the City has maintained North Arm Lane for 21 years. Mr. Laverne Dunsmore, 420 North Arm Drive, was concerned about the City's claim to the road. He said that he has the smallest lot along that road and does not want to see the road widened because it will severely impact his property. Mabusth replied that more than likely the City will not ask for any additional right-of-way from his property, Mr. Dunsmore said that due to the Lakeview Golf Course Clubhouse being located at that intersection, cars currently park on the road. He is afraid that parking will increase if the road is widened. He said he is not opposed to the building of new homes, but objects to the widening of the road. Mr. Rod Backerud, 360 North Arm Lane, concurred with Mr. Dunsmore. Kelley askt'l Mr. Backerud if he would like *o have the City continue to mai. «t.in North Arm Lane? Mr, Backeru ‘ replied that he did not think that the land owners along Nort:h Arm Lane would object to maintaining the road themselves. Mr. Roscoe Smith, 370 North Arm Lane, said that he is opposed to the additional right-of-way because it will have an Impact on the mature maple trees and landscaping on his property. Cohen asked whether North Arm Lane would have to be 50* if the City continues to maintain it. Mabusth said there had been informal discussions regarding the maximum of right-of-way that would be needed to maintain the public roadway and whether the 33' would be sufficient. She said, however, that would not be in keeping with City policy. She added that North Arm Lane may be an important link when looking at an overall transportation system. Bellows said that the City has to initiate a strict policy regarding roads. Mr. Dick Armstrong, said that his mother owns North Arm Lane. He said that he would not object to the additional right- of-way being taken provided that it is taken from both sides of the road. OF PLANNING COMMISSION MEETING FEBRUARY 20» X990 #1490 K-P PROPERTIES CONT. Mr. Paul Larson, realtor for Katherine Axel, seller of Lot 1, hoped that the Council would approve the present proposal because taking the additional right-of-way from the east would reduce the value of Lot 1 substantially. were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Hanson, to recommena denial of the lot line rearrangement because of the severe lot width variance being requested. Hanson asked what a possible solution to this situation may be? Kelley replied tha the northern lot can only sustain a two bedroom home. Mr. Peterson said if the lot line rearrangement is approved with the taking of the 17 addiUonal feet of right-of-way, he will with draw his application. Motion, Ayes-4, Brown-Nay. Motion passed. #1495 ROD JOHNSON 3740 WEST WAYZATA BOULEVARD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:37 P.M. TO 7:45 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Johnson was present for this matter. Zoning Administrator Mabusth provided information to the Planning Commission regarding this application for ^ subdivision. Mabusth noted that she nas confirmation from the State Highway Department regarding Highway 12 right-of-way. Kelley said Parcel B would have a conditional use permit with no principal structure. Mabusth said that is correct, a principal structure is not required. The Conditional Use is permitted for property owners of vacant lands. Mabusth said the only concern she has with Parcel B is that an access has not been defined. Mr. Johnson said that Parcel B is not accessed ^ 12, but rather County Road 6 where there is an existing farm exit. Mabusth said that Hennepin County should review that access. Kelley said that he would prefer to table this application so that he can review the proposed access. MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING^FIL^E *1488-R0GERS^C0NW^^ Nettles, seconded by Mayor ^rr^t' Mr. Rogers' builder asked why it would not be up to any future subdivider/developer of‘the property to pay the sewer charges at the time of subdivision? Mabusth explained ^h^^ i. was a requirement of the Code that sewer charges be paid at the time the conditional use is granted. Mabusth also noted that it may be beneficial for Mr. Rogers to pay the sewer charges at this rate rather than paying an inflated amount in the future. Mr, Rogers asked if a kitchen may be added at a later date? Mabusth replied that the kitchen may be added, but that a separate building per.nit must be obtained to do so. Motion, Ayes-5, Nays- 0, Motion passed. #1490 K-P PROPERTIES 340/350 NORTH ARM LANE PRELIMINARY SUBDIVISION cc Mr. Don Pet- r.*on was present for the review of this matter. City Administrator Bernhardson explained the purpose of the lot line rearrangement sought with this application. Bernharason stated some of the historical facts surrounding this property and North Arm Lane. The Planning Commission had reco^ended of the lot line rearrangement due in part to their belief that 17' of right-of-way should be dedicated to the City for a future road. The Planning Commission, during their review of ^^i® matter, had asked whether it would be possible to dedicate 8.5 in lieu of 17’. At that time, staff felt that even 8.5* would interfere with the area required for the on-site septic system. Bernhardson stated that further review of the site has indicated the possibility of locating the septic sites in a way that would allow the dedication of 8.5' of right-of-way. Bernhardson suggested that should this matter be approved, it be conceptually approved because the potential sites must be tested in the spring. /A Mr. his was Mabusth informed Council that should they require Peterson to dedicate 17', Mr. Peterson would withdraw^ application. Mabusth suggested that the dedication of 8.5 better than no dedication from this property at all. Mr. Peterson noted that if there is to be a dedication of 8.5' a 10' variance will be required because 20' is required fi’om the road right-of-way to a septic system. Mr. Peterson showed the Council where the new septic locations will be on the properties. Mr. Peterson indicated that he had no objections to staff's recommendations. Councilmember Callahan asked for clarification regarding the 10' variance for the septic system setback. - 14 - r minutes of orono council meeting held march 12, 1990 ZONING FILE n490-K-P PROPERTIES ^ Septic CodeMabusth replied that the variance applies to the Sections which ^is more of an administrative function of the On site septic specialist, which ih Orono is Michael Gaffron. Callahan asked whether it would be possible to allow more of a variance and obtain 17' of right-of-way? Gaffron said that 10' should be maintained between the base Of the mound and the right-of-way where some disturbance may occur. Callahan said that due to the present and expected future subdivisions that will be occurring in this area, dedication of roadway is important. Mabusth informed Council that the lot width variance being sought for Lot 2 has been reduced. Planning Commission Representative Kelley f is could sustain a two-bedroom house. The Planning Sommiss'ion was making the point that there are th^ are not suitable for large houses. Taking 1- of right of way would not render Lot 1 unbuildable. It was moved by Mayor Grabek, seconded by Councilmember Nettles, that the amended proposal for a preliminary su of a lot line rearrangement be approved. Approval is ap^canfs on-site evaluator submitting a septic primary and alternate septic sites. Motion, Ayes-4, Callahan, May, Motion passed. #1489 F. JOHN HARDIN 1496 PARK DRIVE VARIANCE ^Mr. Hardin was present for this matter. Citv Administrator Bernhardson provided information regarding this application for variances for an oversized accessory structure. Mr Hardin stated that he wished to fill in the corner of the exi'sting structure. The slab Vai-'^^at^ thLematter of the additional structure. Mr. Hardin sai.. tnac has been no opposition expressed by any of his neighbor . Mayor Grabek asked why the Planning Commission had recommended denial of this application. Councilmember Callahan recollected that the fact that the Accessory Structure ° adopted. Callahan said that it appears Mr. Hardin had the - 15 - fil/2 5£S J/, TUB, i?.0 —— 0 A? 5£r j:?. T.ns.© V-; I r a, V i. ®A\l . 2 Oc 3 ooc 23 rn * i 9a •j fttr 5 3 f e 5 c •Ii I s NNtN V \ ■'. X s •0 30m r z > 3) < H O Z \ ..M To: From: Date: Jeanne A. Mabusth, Building & Zoning Administrator Stephen Weckman, On-Site Systems Manager October 13, 1992 Subject Subdivision #1771, Jim and Sarah Markoe - Septic Review I have reviewed the proposed soil testing and septic system design for this property and would make the following comments. LOT 1 Soil tasting and system design has been submitted for a 4- bedroom home including primary and alternate drainfield sites. Both sites meet MPCA rules Chapter 7080 requirements, however both sites have slopes greater than 6% as required by Orono City Code. The primary septic site has slopes between 6% and 8% while the alternate site averages 8% slope throughout. Both sites also encroach within .he required 20' lot line setback, requiring a 10' variance. This lot does not have sufficient area available for a 5- bedroom home, therefore a 4-bedroom home will be the maximum home size possible. The lot is limited due to excessive slopes and extra caution must be exercised to assure that these sites may be allowed to function adequately. For this reason, staff recommends that a buffer strip 20' wide be set aside along the north property line adjacent to the alternate drainfield site which must not be disturbed or manipulated in any way in order to avoid any problems resulting from land alterations. Also, no hardcover should be allowed within 40' of the primary draiiifield site for Lot A for the same reason. As this lot has been manipulated by dredging and filling, the proposed primary and alternate drainfield sites are the only available areas suitable for sewage treatment and extra care must be taken to ensure the integrity of these sites. Specific septic system details ai included below: Designed for a 4-bedroom house Depth of seasonal saturation (mottling) is 2' to 3-1/2 for both primary and alternate drainfield sites. Slope at the primary and alternate drainfield sites is 6% to 8% and 8% respectively. Percolation rates average 10 minutes per inch at 18 inches. Topographic location and site drainage is ade"juate. Variances will be required for slope (up to 8%) and for lot line setback (10' variance). Septic Review^ Subdivision #1771 October 13, 1992 Page 2 U LOT 2 Soil testing and septic system design have been approved for a 5-bedroom home including primary and alternate drainfield sites. Both sites meet MPCA rules Chapter 7080 as well as Orono City Code Section 12.30 requirements. Specific septic system details are included below: - Designed for a 5-bedroom house. Depth of seasonal saturation (mottling) is 1' to 2' for both primary and alternate drainfield sites. Slope at the primary and alternate drainfield sites is 2% and 5% respectively. - Percolation rates average 5.1 minutes per inch at 12" and 18". Topographic location and site drainage is adequate. All setbacks meet City Code. Summary Staff recommends approval of the subdivision based on soil testing from S-P Testing, Inc. dated November 20, 1989 as updated October 1992. Several conditions are recommended for the approval of this subdivision and are listed below: 1. 2. 3. No excavation, construction, or compaction shall *'e allowed within 40' of the proposed primary treatement area for Lot X • No excavation, construction, or compaction shall be allowed on that portion of the north lot line which is south of the proposed alternate drainfield site for Lot A All four drainfield sites must be fenced off using snow fencing to prevent compaction of these sites prior to any traffic being allowed on this property and prior to plat approval. Isv I N 1 l«f. tT IHiiiitt»ta Co« •ifirlaial **DIVISI0I Of »iUiS. SOill AiO MllClUt CtAta^Alal Cfflct iMlItftMf. tt. ra»l, Mlaaatat*. fSfOl f.A. !•• in TH£ lUTTtn or THC A^PLlCATIUn Of for • ftnnlT TU Hit CULM. amhLffJ. OH CJlUSb 5 Coootf #tT8-7 ........... • - .• PERMIT f^roooot to Mioootolo Slotoloo Ooaior lOi. o*4 o« tk* ^omo of rtotoMoto o*4 iofor^li •*• *fc« f««»l o^rlicotioo. Uiioi# o*r«. o»4 flo«* •mlrntifd h ‘*»o ••A ooraortio^4of ^ oil of o^icfc oro ao^o • tori ktraaf h fUmiUlOi II nUtlf Oiuru to oioio o44rooa for tko ^mfp—9 •t ooticoo 0*4 otkor . .as*oooooo oU»»mf —• * %m oloo«Oioa'9V«0 Ooo ■B«aicolio«o t*ttoiaio| Lo Ikio t«^**t Uick o44ro*o 10 ookjoti U clMfO ky oritioo aaiico froa Uo t*«*»tto«. * Ul #1#pfk)ftjrrr otsT^iaro o« ^ TMHkAp 117 <9 ________ OXfOY tko t«rt«oo of T>io t^rail lo frooio4 ookjooi to tWo follooUa CLHCIUL ••! SPlCIAt PltOYISItflS; ilMfMn ftovitioil • •Ito ool? 0*4 okoll oot roUooo iWo t«^*«too fr« o*y liobilily or oMi<otioo Uaoto4>fI. TKlo p«mi9 •• lit* toooio 2. }. rftliooo 0^4 > TKlo t**^*^ • 1 VO Di ro' i*.r •• C(«*B«*'mrol o Tko ootico of (btor ol looo. ho c>o»f» ofc# M •*« I loot II loo or locol o»4io«“«ro ikoi«to o*4 oioM #••••• •* foiio ••kjoci to oil ooo- . *o« oi k«ro«firr im >o*#4 I/t lo*. • oirttl oilk iKo orillt* '**oooi of iko Cwwiooiooor of Cootortolio*. • l*fiOioo ol loloro. kwilo 0*4 Wi»*f»ol* oKoll ko ■wlifi*4 ol Jro»l fi*o 4»to i* o4**orf of tko .# anik o«iikoriir4 koft«*4rr o*d %k#ll to *o<ifio4 of M* €«^T#ii-o oiiki* f»*r 4o?o ikorooftor. *.i l••«.r4 W Ik* C-»i..ioo#r •K.M ko krfl •tcufoly t«*««4 »• • •0**tiro*O0 floct Ot iko OllO ol S. , •• ■•'io. *iiko*i •vitir* t******“^ p 10 • f ok««»«*4 fro* tko C^oiooiooor of Coooortotioo, I* 1*0 k»4#o«*M *.««r c«^«ciif or locoiio* of oor ii»o« of •o»k ot«iltoriit4 korrvolor. Tko *«r«iti«« . I 0t»ni ofcto* lo (Xo *«i« ol oil »ooooii«Uo lioo# 4wti*( o*4 oflor co*oln»«llo* to o«tkoriif4 • Off for U.O io.»«rfi**o of tU oolor tooi^fcoo of ik. tioi*. or I* tko loloioot of oolforo. oi for fioUiioo *1 «f tko tf**to»o*o of ikio voroil. **l#ro oikoroioo frooi4o4 im tko Sfroclol ProtioM«o. II. Cooottoclioo o*i* oritloo r•^•••i okioioo4. Tko SOm Iffmcljki rionsioai • «ikoriio4 o*4«r ik»» oorolt okoll ko «*ofl*to4 oo or kof*^* ... _ . ^ .ho UoM.ooiaotT kf tko Foroiltoo. oloiiog »k* rooooo Uoroforo. oa oii#**i*o of iioo oof ko •il **tkorlto4 koroi* okoll aoi ko to*at'oo4 to io«lo4o to* r*oo«*l of orgo** »fi*r ooloo* tko or** froo okick oo«k ^rgooic Mttor lo tko of^alicotio* of Uotooilo ofior *«co**iiooto«ofi4 10 laa**** or to oo*lo4 I. I* oil fooo* **•.• ('to 4*(of or 4ooo|i*t of o«r ytvffif. im^tm09999i§ tOooo««t or laloroot* fooooot of otl ogoocioo r toroffIfT tOoroiv# .... g ^ § |tr ik.o aoroit a* *««».«*ir* ooly Ho liokalilf okotl ko lo^tol *r*o or io«orfo4 k? tko Slot* of Mio *./4-sj or oof if oMiwyooo. offiriollf or yo»**o#l»r. ** *<co«»oi of ik* froolio# koroof or oo «<€oooi o| o*f . ^ iko ooroittoo of o«ftfc»og ••ik#fii#4 ky iki* yoroii okoll iat»|fo tko toki*§. ooiog . rifkto or laioitoio of oof oikor yoroo* or for****, or of **f ooklirlf lo*4# or orooto ikoroio. ik# gofoiiio* kofoto pror*r4io| ikorooit*. *k«ll okioio tk». •rftto* •cioo. or o.ikorilioo €oo««roo4. *o4 okoll **go»r* all profortf. ftgkt* 0*4 />orooto It* off i«oro oo**' •llo tfoolo. OOfl*t«r*i t»O«0 01 tko oil* *t k^f totooa*** of 0*4 loft o*** o- « '.ftio* of Iko Uo4 of ooi4 ortorr okick liro kol< ft okoll ko tko 4«tf of too prcoiitoo to 4*t*coi«o r*rro<lty oil portl*o*k olooo- Ik. for tko p«rp*oo ol co^olriof *itk tko t**4itiooo of ikio *ofoit • •cfoc* of 00.4 ootoro roooliiof fro. oock ooikoriao4 kf tkro pocoH okoll k««o«o pokMo ooioro ‘•ii.ctri for oof kf tko p.klir fooorf 4 t.. [/ •' l^•. 'I • i Li ♦ - • • *'* .< ^ r \ if i*»•'. ir**! Vi '■ * \ t. j f 3^.'. ' . •i;.:j^;t- ••■» o . -v:. ^• ■' .■J • t ;•'r:4''. k V' f )• .-/! f•• ‘/> s »• ' • ir> f> •»' t r: .‘*1 ■/r • .• * k • *.f ?'-" i £ ! wi « Jd. <s >3- . [:: l" OF ::• IjORONd^ City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2 30 2 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 10.55, Subdivision 8 to allow temporary land alteration within 26 feet of a designated wetland and grants a conditional use permit per Section 10.03, Subdivision 19 that will allow major land alterations in excess of 100 cubic yards that involves excavation and grading for temporary berms, drainage pipes and installation of silt fencing and the final regrading of appoximately 4 acres of area, subject to the following conditions : 1. Approval of this land alteration permit is based on Grading Plan? by Coffin and Gronberg, Inc., revised 11/10/87, per Final Grading Plan by Coffin and Gronberg, Inc., dated 11/10/87, Ponding and Water and Discharge Plan submitted by applicant and referenced as Exhibit M in staff memo dated 11/17/87, per letter from Glenn Cook dated 11/13/87 and referenced in that same staff memo as Exhibit G and all conditions set forth in approval permits from DNR and M.C.' 2. Applicants shall execute a Developer's Agreement and post a Letter of Credit to insure that adequate erosion control is maintained throughout entire project and that final grading and seeding is completed by October 1, 1988. If applicants cannot meet the specified deadline date, the City must be notified by September 15, 1988. 3. Applicants shall be responsible for calling for all required inspections as set forth by the City Engineer as follows: A) Prior to starting construction - Preconstruc" cn Meeting. B) During Berm Construction. C) During dredging operations when ponds are two-thirds filled. D) Prior to draining the ponds. E) Prior to seeding the site. 4. The property owners of (340) and (350) North Arm Lane are hereby \ advised that the land alterations involving the construction of berms and final grading may have serious detrimental effects on the future capabilities of the installation of on-site sewage treatment systems in the disturbed areas. This land alteration may also.place limitations on the future subdivision of these properties. ^L, 5 Applicants are placed on notice that the City will reserve the right to halt all or any phase of this project if the land alterations proposed are found to be detrimental to the environment and/or to endanger the welfare of its residents. ( To Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrfior \ Variances - Public Hearing ^ Zoning District: RR-IB, Rural residential ^ Required = 2 acres Total lot area = 19,396.5 s.f. iJ? From: Date: Subject: October 15, 1992 ^ #1773 Robert Koehnen, 537 Hanlon Avenue Pertinent Ordinances 1.Section 10.03, Subd. 21 (3) - Applicant has installed a boulder retaining wall at lot line. The only land alterations allowed within 5' of a lot line are drainage swales or ditches. The boulder wall is approximately 8' in height. 2. Section 10.03, Subd. 15 (F) - Side setback variance.* Required Existing Proposed Variance 10* 7.45' 7.45' 2.55’ or 25% 3. Section 10.61, Subd. 5 (A) - Rear yard setback. Required Existing Proposed Variance 10' 5.1' 5.1’ 4.9' or 49% Applicant had proceeded to make structural repairs of non- conforming structure consisting of new walls. All work was to cease upon Building Inspector's inspection on September 10, 1992. Owner was allowed to complete stud walls to provide support of roof structure. Upon a recent site inspection with City Engineer, applicant has also installed dry walls. Building Inspectors have advised that applicant may have assumed dry wall work to be included since the purpose was to provide stability of roof structure. The applicant proceeded on his own with full knowledge that until this application is complete he may be asked to relocated garage to a 10' side and rear setback. 4. Section 10.03, Subd. 14 (C) - Review of lot coverage. Allowed “ 2,909.5 s.f. or 15% Existing « 2,986.4 s.f. or 15.4% (no changes in lot coverage proposed) Variance *= 77 s.f. or .4% Zoning File #1773 October 15, 1992 Page 2 List of Exhibits A - Application B - Plat Map C - Property Owners List D - Neighbors Acknowledgement Form E - Gustafson Report 10/14/92 F - Survey Description of Request In early September the Building Inspector discovered the applicant in the process of making major structural repairs to the existing detached garage and installing a boulder retaining wall. The section of the wall that extends south and east replaced an existing masonry block wall. The new section of wall was placed at the north lot line to the immediate rear of detached arage. Photos will be available of both the detached garage and boulder wall at your meeting. In 1986 the applicant filed for a setback variance for the 1,000 s.f. accessory structure to the south of the detached garage. Monies were refunded to applicant as it was determined that alley was not a street and only a 10' setback would be required from the rear lot line. In 1987 applicant applied for a setback variance for major additions to the existing residence and in 1990 applicant applied for a variance for a deck and gazebo structure requiring both setback and lot coverage variances . The applicant now files a setback variance for major structural repairs to the existing detached garage. In addition, applicant has replaced a two-tiered masonry block retaining wall with a boulder wall. The masonry wall of the former garage had provided retention of the steep earthen bank to the north side. Mr. Koehnen reports that it was the pressure of the earthen wall behind the garage that weakened and eventually crushed the north wall of the garage. At the time of the inspection with the City Engineer, it was determined that any further disruption of the steep banks along the north side of the property would be decrimenta 1. The City will not assume any responsibility for the review or approval of the wall. It is staff's understandii.g thc’t Mr. Koehnen has written confirmation and approval of the wall from the most impacted neighbor on the north side. As Mr. Gustafson has noted, this kind of wall may last for years without any sign of deterioration and the next year it may collapse. As for the wall, the City will grant merely a variance for the land alterations and 8' high retaining wall at the north lot line. Zoning File #1773 October 15, 1992 Page 3 Hardship Statement The steeper elevations to the east side of the structure prevents movement further away from street. The location of the oversized accessory structure on the property with doors facing towards detached garage require adequate area for maneuvering movement for heavy equipment and large trucks stored in oversized accessory structure. Options of Action Approval as j 'oposed. Denial requiring structure to meet the 10' side and 10 rear yard setback. Any condition of approval should include the recommendations of the Engineer regarding preservation of mature trees between neighbor's fence and boulder wall on north lot line and the trimming of the smaller, immature trees but allowing root structures to remain. Although City has taken the position of no responsibility for the possible collapse of the boulder retaining wall and the possible damage to the garage, applicant may be best advised to have a written letter from property owner to north approving of boulder wall construction. Additional Comments and Planning Connaission Recommendation November 2, 1992 Additional Exhibit G - Miller Letter (neighbor to immediate north) The Planning Commission unanimously approved the variances required to allow the structural repair of the non-conforming garage structure and the unapproved land alterations at north side lot line. Review Exhibit G. The neighbor to the immediate north has submitted the requested letter approving the boulder wall at lot line. The enclosed resolution has been drafted for Council's review and action. I Isv A RESOLDTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03r SUBDIVISION 15 (F), SECTION 10.61, SUBDIVISION 5 (A) AND SECTION 10.03, SUBDIVISION 21 (3) PILE #1773 WHEREAS, Robert V. Koehnen and Michel E, Koehnen (hereinafter "the applicants") are owners of the property located at 537 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 4, 5 and 6, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 15 (F) and Section 10.61, Subdivision 5 (A) to allow major structural repairs to an accessory structure/garage that iS located 7.45' instead on the required 10' from a side setback lot line and 5.1' instead of the required 10' from the rear lot line and a variance to Section 10.03, Subdivision 21 (3) seeking approval of land alterations consisting of a boulder retaining wall constructed at the north side lot line where no such land alterations are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1773. 2. The property is located in the RR~1B, Rural Residential Zoning District requiring 2 acres in area. The property consists of 19,396.5 s.f. or .45 acres. 3. The Orono Planning Commission reviewed this application on October 19, 1992, and recommended approval of the proposed variances based upon the following findings: A. Steeper elevations to the east side of the structure prevents movement further away from street. Page 1 of 5 Zoning File #1773 October 15, 1992 Page 3 Hardship Statement The steeper elevations to the east side of the structure prevents movement further away from street. The location of the oversized accessory structure on the property with doors facing towards detached garage require adequate area for maneuvering movement for heavy equipment and large trucks stored in oversized accessory structure. Options of Action Approval as proposed, OR 10' side and 10'Denial requiring structure to meet the rear yard setback. Any condition of approval should include the recommendations of the Engineer regarding preservation of mature trees between neighbor's fence and boulder wall on north lot line^ and the trimming of the smaller, immature trees but allowing root structures to remain. Although City has taken the position of no responsibility for the possible collapse of the boulder retaining wall and the possible damage to the garc.ge, applicant may be best advised to have a written letter from property owner to north approving of boulder wall construction. Additional Comments and Planning Commission Recommendation November 2, 1992 Additional Exhibit G - Miller Letter (neighbor to immediate north) The Planning Commission unanimously approved the variances required to allow the structural repair of the non~conforming garaae structure and the unapproved land alterations at north side "lot line. Review Exhibit G. The neighbor to the immediate north has submitted the requested letter approving the boulder wall at lot line. The enclosed resolution has been drafted for Council's review and action. Isv B.The location of an oversized accessory structure on the property with doors facing towards detached garage require adequate area for maneuvering movement for heavy equipment and large truck stored in oversized accessory structure. As a result, the structure cannot be moved further south or further away from the side lot line. C.The building envelope of the detached garage is not being expanded upon and the improvements involve merely structural replacement of walls. D.The steep bank at the north side lot line was retained by the masonry wall of the former garage. The pressures of the earthen bank weakened and crushed the north wall of the garage. E.The property owner to the immediate north has submitted a letter to the City stating they have no problem with the boulder wall as installed at the lot line by applicant. F.The 8* high wall functions as a gravity type ^^®taining wall and has not been approved by an engineer. The City cannot approve the wall as constructed recognizing it represents a safety risk and homeowner shall have the sole liability in the event of a failure. 4.The City Council finds that the cone .tions 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 conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. P age 2 of 5 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 variances on the health, safety and welfare of the community, CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 15 (P), Section 10.61, Subdivision 5 (A) and Section 10.03, Subdivision 21 to permit the structural repair of a structure that does not meet the required 10' side and rear setbacks and for unapproved land alterations at the north side lot line, subject to the following conditions: 1. Applicant shall file for a building permit for the proposed structural repair of the non~conforming structure. 2. Applicant shall work with neighboring property owner to north with the intent of preserving mature trees between neighbors' fence and boulder wall and the trimming of smaller immature trees but allowing root structures to remain. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 9, 1993). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor 5. The undersigned applicants have read, understood and he "eby agrees to the terms of this resolution and on be \lf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of November, 1992, ATTEST: Dorothy M, Hallin, City Cleric Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of November 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 4 of 5 L // / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _^_ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and Vi .o executed ':he foregoing instrument, and acknowledged that he (they) ey^cuted the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 — y - ' CITY OP ORONO - VARIANCE APPLICATION v>.-7 r. /> I 7"^ /••.* ••1 i ; Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non confornring use $200.00 After-the-Fact Fees (Double application fee) mtm •• mm mm mm mm mm mm mm mm ^m ^m ^m mm mm mm PROPERTY INFORMATION Site Address "7 l-4/^h.h —A vJ ______ ci c.: Property Identif. Number (P.I.D.) c7.7 ^ >-7 -^ 7-.^1> S* Attach legal description to application if not included on required survey. Date Property Acquired y i / V _ _ _ _(month/year) I (do) (do not) also ownthe^dT^cent parcels of land. Present use of property: }><! residential _ _^other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ r-TTV nc nijTixin Lit! Ut ununu* rr-fMJrC n^FirE IJzozvvvvo . 01 dpi iz^CHECK R 175. RECEIPT-TH^^K YOL H25JS40 cool HOI h 09A APPLICANT Neune \-<^nf=* t-i ivj A ) Phone (home) ~~ H Phone (wor)c) -*-/7 ^ W ^ Address: -b 3 ^ Citv: tAiA^ A Zip: ^ ^ P4 OWNER (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated C-sastruction Cost S -b 0*0 . Djescribe request in detail: F ; x ^^i -»>•M- p *Q. . R (_0 Ityl_ L 4- R<=> I t—,- -V p iOCi VARIANCES REQUIRED _ _ Lot Area Setback: Lot Width Hardcover Lot Coverage Front Side Rear /.Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PFOPERTY CONTITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:- - - - - • • • (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be siabmltted by the application deadline date in order for your application t:o be considered complete: 1, __Completed Application Form 2. ___Certified Property Owners List of owners within 150* (you must obtain .. ■ this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _^Plat Map (obtained with property owners list). 4, __Certificate of survey (signed by a licensed surveyor) to include ' hardcover calculations as required (provide one (1) copy 8»i''xll” for reproduction). 5. ___Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). 6, _ _Sketches or plans of floor & elevation views (provide 1 copy 8%"xll"). 7, _ _As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. _Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not: complete if ~the above information has not been in .luded. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurr??“5 in revi^'w of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date Q OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date Q / yQ ----------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings ar“ held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If a*, applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to t.ie meeting. ifi 55 ; 560 •5 V T3 as 6 (47) »64. I m I?. • o»IM.C4 CT* »• '* s 3t IJ4.02 \lot 15. aocK 1^ UINN£T(yjKA eilTFS C!) Cl % C5± occ Q '^^4?« ?4 J'V's Q • ” i( 1?)i(i, p a" ”3 a ?l "' * a a ..S' * '*(6) 8 o ^(7) ^ a 18” (m ^ « cg(a) a ^ 15 »o 9 a ^ »3 '^^75 17 V<; •:r.75 ^ DICKENSON ( 13) 1 - ' (M) ^ fs>. 77 1 - ’ a a 71 j/ * Q ^ ; (46) 1 a 19 V \/^ ^ (23) i ; '‘(*6) mmJ 17^1^ Q J 5 1 ^ (20)\ '0 F a '* ^(I9) j 1 ^ jp. •(18) ^ a"* ” l?9 7?^:9 ?5 " UJ < ^ »a4. 48 ^ (3sg '(27) ^ S^(35)(^3 ;a ”<*-r ;' 4 F a{37]('(i;^ F a '3 (36 /6 F a '4 ” (35)^ N F ^(33) ' * p^il9) .. »?9.32 4S, ^ (301 ^ 3 " RUN DATE 10/01/92BATCH 00^prop ADDR OltiER NAME TAXPAYER NAME/ADDR PROP ADDR 0nr4ER NAME TAXPAYER NAME/ADDR PROP ADDR •^J^ER NAME TAXPAYER NAME/ADDR PROP ADDR OJ4T4ER NAME TAXPAYER NAME/ADDR PROP ADDR OI4r4ER NAME TAXPAYER NAr«E/A00R PROP ADDR OMNER NAME TAXPAYER NAME/ADDR HENNEPIN COU^4nr PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST30 02-117-23 31 001300500 IIANION AVE D II A B J FIEISCIIMAN DANIEL H FLEISCIIMAN 500 HANLON AVE NAYZATA MI4 55391 56 02-117-23 31 0016 00565 HANLON AVE HADASSAH YEHUDIT ZOHARA HADASSAH YEHUDIT ZOHARA 565 HANLOT4 AVE WAYZATA MN 55391 56 02-117-23 51 01300 FOX ST STATE LAND DEPT DRAPER M A MOLLY 5<#0 BARRETT AVE HAYZATA m 0021 B JAFFRAY 55391 56 02-117-23 31 0026 00038 ADDRESS UT4ASSIGNED STATE LAND DEPT STATE LAND DEPT ADJACENT OI4TJER ONLY 30 02-117-23 31 001^ 00036 ADDRESS UNASS1GJ4ED STAIE LAND DEPT CITY OF 0R0I40 ORAINACE A CONSERVATIOf4 2-10-69 ST DEED #171093 30 02-117-23 31 0037 00530 HANLON AVE HAL TIMES BILL A LUCY TIMES 530 HANLON AVE HAYZATA IIM 55391 30 02-117-23 31 001400521 HANLON AVE RICK S MILLER ET AL RICK S MILLER AMO KATHRYN E STENSO MILLER 521 HANLON AVE HAYZATA MT4 553^1 30 02-117-23 31 0017 00030 ADDRESS UNASSIGNEO HADASSAH YEHUDIT ZOV^n^ HADASSAH YEHUDIT ZOHARA 565 HANL0I4 AVE ORONO HT4 55391 36 02-117-23 31 0022 00540 BARRETT AVE 0 M JAFFRAY A M B JAFFRAY DRAPER M JAFFRAY 540 BARRETT AVE HAYZATA MN 55391 38 02-117-23 31 0020 KEENE AVE HARALO ERIKSEN 0H539 0 0 HARALD ER1KSEI4 6219 ZEALAND AVE N MPLS m 55420 30 02-117-23 31 0035 00036 ADDRESS UNASSIGNEO T A # G M FISCHER THEODORE A GERTRUDE FISCHER 2034 CLMtIERCE OLVO MOUND m 55304 36 02-117-23 31 0038 00520 HANLON AVE RAMONA M SLEOZ GERHARD D TAMGER 100^*3 PILLSBURY AVE S BLOOMINGTON MN 55420 REPORT NO. PI435401 PAGE 8 J30 02-117-23 31 001500537 HANLON AVE R V A M E KOEHNEN ROBERT A MICHEL KOEHNEN 537 HANLON AVE WAYZATA MN 55391 J 38 02-117-23 31 0010 01300 FOX ST R A K TSCHIDA ROBERT G TSCHIDA 1300 FOX ST HAYZATA rtJ 55391 J J 38 02-117-23 31 0023 00540 BARRETT AVE D M JAFFRAY A M B JAFFRAY DRAPER M JAFFRAY 540 BARRETT AVE HAYZATA MN 55391 . J 30 02-117-23 31 0033 00030 ADDRESS UNA$SIGF4E0 CEDRIC OETTLOFF CGORIC OETTLOFF 1255 OICKENSOf4 ST lUYZATA MN 55391 38 02-117-23 31 0036 00038 ADDRESS UNASSIGNEO T A A G A FISCHER THEODORE A GERTRUDE FISCHER 2034 COItlERCE BLVU NOUr40 MN 55364 i 38 02-117-23 31 0039 01295 DICKENSON ST J R SIBERELL A M SIBERELL JOHN R SIBERELL 12^5 OICKCNSOI4 ST HAYZATA m 55391 ( RUN DATE 10/01/92 OATCM OOAPROP ADDR OI«>ER NAME TAXPAYER NAME/ADDR r . * . » i- HEtJNEPIN COUNTY PROPERTY INFORMATION fTSTEH PROPERTY ONNERS LIST REPORT NO. PI<*S5<«01 PAGE 958 02-117-25 51 004600540 BARRETT AVE 0 M JAFERAY « M 0 JAFFRAY DRAPER M JAFFRAY 540 BARRETT AVE ilAYZATA MN 555«1 TOTAL BATCH 004 00019 I • ♦ J ' • ( 4 . I CERTIFY THAT THE FACTS REPRESEMTCO ARE AN ACCURATE AND TRUE REPRESENrATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOJ-ILEDGE AND BELIEF. DATI W 6 • « I (we) Adiacent Property Owners' Acknowledgement Form Lu-c- v 'TV V es> 5-So v, Lo o iWi/l/^r_______of 52J ___■na.nlin rN.VA^C^ 'V 5h /?7A-L [print address][print name(s ) ] have reviewed the plans for the proposed improvement or proposed use of the property located at ‘Sh'l M-juA-nn also referred to as Land Use Application No. _ _ _• I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s project or requires Council approval. Property Owner Date JIS e or 7T3gjl Bonestroo Rosene Anderlik & Associates Otto G PE HOOert W Soicnc. P£ • Jovrpn C And^i k K^^r\ r L Sory. j:j PE P-CfjrJ E PE G^enn CoctL PE Trxyrji E ^oyr\ PE Pr>t>m G 5c^ur<f!t PE Suun M CP^ •Senof Conu>.Mnt Engineers & Architects MowvjrrJ A Sjrfom. PE Kf'Lh A GorOcn. P£ RoC^rt « PfWfprif PE PthartJ W Potter PE D^<J O Lcikrfa PE RcL'e't C Puise^ A i A Jerry A SourtJcn PE Mark A Manvoo PE M<haH T Rautmann P£ TeO ^ E-exJ PE Tnomas R Anoervxi. AIA Oonak} C Buf9JrCL PE Thomat E An^i PE lynjH PE Mcr^ae* P #au PE A<;of V M Prng A IC P Thomat W Petervjn. PE M<hae< C L>ixn PE Jar^l R Wa'and PE Jefry D PefTrii** PE (crn-nen P *roervxi PE Wafk R Ro»*i PE Mark A Seo PE Gar> .V Morjen PE Dan»ei J EcJgerroo. PE Daryl K Knct^erwi^n. PE Phil o J Catwri PE Mark D aaiit. PE Maes 8 Jenien PE L Phift.p Gravel m PE Karen L W e'^en PE Gary D PE F TotJO Foster PE Ke-tn R Yapo PE Shawn D Gottjrson I Cec'^o O^fver PE Charles A Er<kvon Leo M Pawersky Harlan M Oisors Jarnes F En<^ihana October 14. 1992 Ms. Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.d. Box 66 Cr>'stal Bay, Minnesota 55323 Re: Robert Koehnen Variance Our File No. 139-1773 Dear Jeanne: Subsequent to our site inspection we have prepared this letter to address our concerns. Tlie applicant has repaired the e.xisting garage on the property. The garage does not meet the current setback requirements and will need a variance. TTie applicant has also constructed a boulder wall that starts at the house and wraps northerly and westerly behind the garage. The wall is approximately 8 feet tall and is constructed with 2 to 3 foot diameter boulders, llie wall functions as a gravity type retaining wall and has not been approved by an engineer. The City should be aware that the wall constructed should not be approved by the City and that the wall represents a safety risk. The homeowner should have the sol j liability in the event of a failure. Any retaining wall with a height over 4 feet should be designed by an engineer to include a tie-back reinforcement and draintile behind the wall. Tlie wall as it is constructed has a risk of buckling and collapsing. Tlie three mature trees along the top of the wall will provide soil stability by means of their root base. Tlie small immature tree.", between the w'all and fence should be cut down, but the roots should remain for stability. Plea.se contact me at this office if you have any questions. Yours very trulv. BONFSTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. J ’I Shawn D. Gustafson, P.E. SDC,:dh 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 PE ion. P£ PE Kpf PE vtj PE A IA Jon. Pi on PE itmjnn P£ E O^Tion. At A 9^fCL PE }ui PE t P£ r to addi The gar applicar nd wcste 2 to 3 fc I as not ed shoul ne owner I height and dra psing. SRS! soil stab: ence sho 4 NC. .V 5. »♦ i S:' I •tf'; ’ I*‘ . • •.I'- ■; ' Vt .;', CERTIFICATE OF SURVEY # « Prepared for: Robert Koohnon o LEGAL DESCRIPTION Lots 4, 5 and 6, block 14, MINNETONKA lU.UlTS, according to tiio recorded plat thereof, Hennepin County, Minnesota. #l'bo Q 1 T X 939.7 Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevation <:--------- Denotes surface drainage Ooshed contour lines denotes proposed feature'. Solid contour lines denotes exisring feoturor. Proposed top of foundation elevation = Proposed basement floor elevation = Pioposed garage floor elevation - 939 BENCHMARK: all -metro land 1 ctflify thdt !hlt turvtf, plan or rtporf mo% prtpartd by mo or uodor my diroct luporvition and that I am a duty Rtgiftorod Lond Surviyor SCALE / ti t ! t . ; , r ' i i i ■A f 2 .•.» *.*. • • ^ * m • > • \CU/L^ f % , , W . w ' m ^ ^ - • - . »■ • ; • / ^ / .; ^ * t:^.. : * T<i • V '. A'r--re-; ^ - • i* - • .......................... ** .* . V* • •” * ••,0 , . ' • . «• i#- ♦.„•• • •. fc ♦• • ••■• V. T.T-.*-.. V. v^ -V, ./ •./•':>'4. ^ * ft ^ >* • -- ' « ^ r • a & '• . *•■'***... *• • • i.-. - .■ f . • « * •’ * *‘. ^*. . '** •*. *^ *^* *. * .’ ’ V *-•. • :. . •'<*.•' ••L'V- - • . ^ •••• • - - -'• - •'* '• '.■S’-*'- ■.■■■••., ..;• ■ ■ ‘ •-‘v*y ‘ r*''t . V ..-■ -■.’•f .1 . *•. . .1 j. , .^ •' .• . • . • I • • •- ••• ••• •«■.•>• • ' ^ •■ •.. .'■ * • - • • - . -^ • *** ’ •. . ” •>'»*•-•. :r*. - . ^ • W *4. •• *• « • «•. ..•«. ■ ^ a . - M•. •; ■*» • \ .- V -V •'• /' '•/^r • V *•• . « • »• -• • ••• •-. t-y*fu • • • .1 •: •■#.'• '* •* *• • ^ • ** • -• *.• • • T ■ .* . • • • ,* *. *, -1 •-•*.*,•.••..;•* .«• ^ *i* ' •■ “ ..•••• • •• • ■■ I •.*. • • •# -pfHTxt: /yVf^y) /ji. / (yOC4AA • *vi */ • . ■., • ; ••• * •• ■ - ..,•. . *.: / • . •• •. •;-. -T*5 y CITY 0= ORONC o= 1 —^ V W» 1V#»S|C J f(i[lE(10\i7jl NOV 2 i09£ /^/d Sh^SoM///er~ 5Z/ i-ja<nl^ UJ^-yx^^yhyi ^ss^f A r . * oil*. • V* ' -i, ‘ •• • ♦ r r • ->• *1 * • •*•: r :.*^ ? A, --i01^*»rm.’ ■% From: Date: Subject // .dfijjji s4r a Mayor Peterson and Orono City Council Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning November 5, 1992 %)Marina Licenee Compliance Update - North Shore Drive Marina - Lakeside Marina ^ % On August 24 the Council conceptually denied licenses for Gayle's Marinar Lakeside Marina^ and North Shore Drive Marina, based on site specific issues generally dealing with landscaping plan compliance and property maintenance. While denial resolutions have yet to be draf. .d, both North Shore Drive Marina and Lakeside Marina have resolved certain of the issues, a'j follows: A. North Shore Drive Marina 1. Some of the ipiicscape plantings have been completed, and the ow'.ero plan to bring the plantings into compliance, if :iot this fall, next spring. 2. A fairly extensive cleanup of the property has been ongoing for the last two months and the area of questioned hardcover near the county road has been cleared of gravel, with the intent that it reverts to grass . 3. Although the baffle weir has not been replaced, applicants have established a 10' buffei zone of grass along the perimeter of the lagoon and added a rock border which should catch some of the debris and silt runoff before it reaches the lagoon. While not completely in compliance yet, there has been good progress towards compliance in the last two months at this marina. B. Lakeside Marina. 1. The materials stored in the east side landscape area were removed shortly after the August 24th meeting, and the owner has gen'--ally been keeping all storage of materials and boa_s within the paved portion of the property and not in the established 5' perimeter landscape area. 2. Mr. Dunn has indicated to staff that a part of his problem with the east property line landscaping requirement is that the City has not adequately replanted the screening that existed prior to its sewer rerouting project. Dunn would like to discuss the landscaping issue with the Council, which may be appropriate given the potential future uses of the property to the immediate east of Lakeside Marina. Memo November 5, 1992 Page 2 Please review the staff letter of October 26th which responds to Dunn's request for an update on his license situation. C.Gayle's Marina. 1, Gayle has not responded to staff : ^quests fci* a meeting to discuss his licensing situation. Staff Recommendation Staff will proceed with drafting the denial resolutions for your November 23rd meeting if Council so directs, reflecting revised conditions for Lakeside and North Shore Drive marinas. Alternately, Council could direct staff to continue monitoring North Shore Drive Marina's progress towards compliance. Regarding Lakeside Marina, the issue of the east side landscaping plan dates back to at least 1980-81 when it was changing ownership from North Star Marina to Chaska Marina. I think it would be fruitful for Council to direct staff to work with Mr. Dunn to reach a c'.nclusion regarding the replacement of disrupted screening, and perhaps direct the Lake Use Committee to levisit the old landscape plan and consider whether it should be revised. L CITYof ORONO Munidpal OfBces Post Ofte Box 66 Cr>3tal Bay* Minnesota 55323-0066 October 26, 1992 Mr. Jim Dunn Lakeside Marina 3324 North Shore Drive Wayzata, Minnesota 55391 Dear Mr. Dunn: As we discussed this morning, I have not yet drafted the license denial resolutions per the Council directive of August 24th. As you recall. Council denied your license because: A, Landscape plantings along the east property line are not in compliance with the 1975 Operations Plan nor the 1981 approved landscaping/planting plan. B. Storage of materials was occurring in the east side , landscape area. After the Council m^t^tirg, ' ''u and I met on the site and you had removed all stored materials from the east side landscape area. Because you feel the City har jt provided acceptable plantings as part of the sewer rerouting project, you wish to further cxscuss the landscaping requirements. I am attaching a copy of the 1981 landscape plan which indicates trees and shrubs existing in 1980 and additional ones'proposed for The 1981 plantings were clearly intended to fill in between the columnar evergreens. Given the potential for changes in use of e property to your east, I agree that screening along this side deserves additional discussion. At their October 14th meeting, the Lake Use Committee discussion resulted in general agreement that marina activity be limited by specific numbers of boats, but should be dealt with based on maintaining landscaping and setback envelopes. Defining those envelopes for each marina is a task that will have to accou, for historical practice and past variances while attempting to yieia an intensity of use that is perceived as generally acceptable to Council members and public. TtLEPHOVE -473.T357 • FAX-«7M510 Mr. Jim Dunn October 26, 1992 Page 2 I am enclosing minutes of the September 23rd minutU as the handouts from the October 14th meeting. October 14th mxnutes are not yet drafted. I will update the Council at their November 9th regarding your compliance with item B and request to discuss item A. Please if you have any questions. MPG/ch Enc. cc: Jeanne A. Mabusth, Building & Zoning Adm. Ron Moorse, City Administrator ft 1981 a. CITY OF ORQ^iO^ EXHiBiT ^ i • .s ^ ***** ' J ii W . -r • •• • • • • • • •*• . * • A. . t>vo z.czuJ2y isiofe 5frB4afs ImTTZ 3L9M-1 . I clcvato K . i u • •• ;. m n Tm mtf0m0 .4 i I • • ••f • . • • 75" » . •> • 1^- t ff U<.r#«-n. • ^ • 5 o ; 5*TCRAff^ i^* !x. t»: • o / •;• iM••I 2 7' t ^ J wj A* r J f. I#. , I _______ I , 4.'* • •>. ^ 3 c^*4#^y PctA.r 4iar *0 AfA tX>tA TO >v i BMT •I^ ■ • *1 ' “;! Am. i .• *1 * . * O €U%TlM^ ftHtVii* r> X 7W» •' »• «#fiu«^ *i• I -f ^iit^Pui cfvvrf ’ Tb 1*^ HCivn bic m t'lUtny 4|| c^«€it • • mX*c mma H n V Date: % % / Mayor Peterson and Orono City Council Ron Moorse, City Ad:ninistrator From: Michael P. Gaffron, Asst, Planning & Zoning Administrator November 4, 1992 Subject: "Styrofoam" Ordinance - Revised Terminology Attached is a brochure received from Glen Gakemeier who represents Dow Chemical's "styrofoam" brand products in the midwest. He is requesting that we revise our styrofoam ordinance to eliminate the term "styrofoam" and replace it with a generic term such as "molded polystyrene expanded-bead foam". Clearly, we are not the first entity to use the proprietary name "styrofoam" as a generic term, given the effort they put into the brochure. Attached is a copy of the existing ordinance with the word styrofoam highlighted, and a copy of an amended ordinance using the terir "molded polystyrene expanded-bead foam". Since this is not an amendmp t of the zoning code. Council may adopt this ordinance to amend Ordinance #104, 2nd Series without the need for a public hearing or Planning Commission review. 2nd Series, Staff Recommendation Staff recommends approval of Ordinance #_ _ _, amending Ordinance #104, 2nd Series to replace the word *^styrofoam" with the phrase "molded polystyrene expanded-bead foam". Proposed motion: Moved by ___________, seconded by _____________t to adopt Ordinance #_ _ _, 2nd Series, to amended Ordinance #104, 2nd Series by replacing the term "styrofoam" wherever it appears, with the phrase "molded polystyrene expanded-bead foam". _ _ _ _ ayes, _ _ _ _ nayes. ORDINANCE # 104 , 2ND SERIES AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY ADDING SECTION 9.58, PROHIBITING THE USE OF NON-ENCASED <6T¥HQgOAM- AS A DOCK FLOTATION DEVICE The City Council of Orono* ordains as follows: Section 1. The City of Orono Municipal Code, Chapter 3, hereby amended by adding Section 9.58 to read as follows; Section 9.58 jStyrofoam7Dock Flotation Prohibition Subd. 1. Preamble. The City hereby determines 1) that disintegration of non-encased;styrotoam|flotation blocks used in docks, swimming platforms, buoys, and other floating structures in the City of Orono has led to the disintegrating particles washing up onto shoreland in Orono in substantial and unsightly quantities endangering the comfort and enjoyment of the af^ecte property owners an- causing environmental and aesthetic^ damage, and generally unsightly and undesirable public conditions; that such disintegration i" a natural characteristic o IstvrofoamF described when use for flotation purposes limits; that such disintegration is accelerated by the actions of aquatic animals and waterfowl and, in turn, constitute hazard to their well-being; 4) that additional health and safety concerns can occur if such material is subject to heat, gasoline or other petroleum products; and 5) the use of non-encased Istvro toS^for the purpose '"entioned a^bove^is_ a_publiojlursan« 'wUhirtT^ nTeaning of Orono City Code, Chapter 9, Subsection 9.21. Subd. 2. Definition. For the purpose of this section, non- encased fitvi^fHil^l means any brand of expanded polystyrene beads molded into a block, sheet, billet, or other shape which is not completely encased in a permanent casing, coating, or container caoable of withstanding action by ice or other ®1 and normal activity by users so that disintegration of the molde shapes into smcxller chunks or individual beads is prevented. Subd. 3. Use of Non-encased IStyrofoamj Prohibited A. It is a misdemeanor for any person to use non-encased istvrofoWl blocks, sheets, billets or other shapes for dock construction or flotation, swimming platforms, buoys or other floating or similar structures in lakes or streams in the City, whether such uses are permanent or seasonal in nature. B. This ordinance shall apply to such uses after the date of the adoDtion of this ordinance except when owners istVroio'arhl materials who are presently using thern^ in the City for plroosei^ forbidden by this ordinance may continue to use them for such purposes in existing structures currently containing them until December 31, 1994. This exception does not include repair or replacement of existing |styrotoamj ORDINANCE #2ND SERIES AN ORDINAF.E TO AMEND THE ORONO MUNICIPAL CODE BY ADDING SECTION 9.58, PROHIBITING THE USE OP NON-ENCASED MOLDED POLYSTYRENE EXPANDED-bEAD FOAM AS A DOCK FLOTATION DEVICE The City Council of Orono ordains as follows: Section 1. The City of Orono Municipal Code, Chapter 9, is hereby amended by adding Section 9,58 to read as follows: Section 9.58 Molded Polystyrene Expanded-Bead Foam Dock Flotation Prohibition. Subd. 1. Preamble. The City hereby determines 1) that disintegration of non-encased molded polystyrene expanded-bead foam flotation blocks used in docks, swimming platforms, buoys, and other floating structures in the City of Orono has led to the disintegrat' 1*9 particles washing up onto shoreland in Orono in substantial and unsightly quantities endangering the comfort and enjoyment of the affected property owners and causing environmental and aesthetic damage, and generally unsightly and undesirable public conditions; 2) that such disintegration is a natural characteristic of the molded polystyrene expanded-bead foam described when used for flotation purposes in the City limits; 3) that such disintegration is accelerated by the^ actions of aquatic animals and waterfowl and, in turn, constitutes a hazard to their well-being; 4) that additional health and safety concerns can occur if such material is subject to heat, gasoline or other petroleum products; and 5) the use of non-eii-^^sed molded polystyrene expanded-bead foam for the purpo®^ i above is a public nuisance within the meanina Chapter 9, Subsection 9.21, Subd. 2. Definition. For tnu ..pose of this section, non- encased molded polystyrene expanded-bead foam means any brand of expanded polystyrene beads molded into a block, sheet, billet, or other shape which is not completely encased in a permanent casing, coating, or container capable of withstanding action by ice or other elements, animals, and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented. Subd. 3. Use of Non-encased Molded Polystyrene Expanded- Bead Foam Prohibited. A. It is a misdemeanor for any person to use non-encased molded polystyrene expanded-bead foam blocks, sheets, billets or other shapes for dock construction or flotation, swimming platforms, buoys or other floating or similar structures in lakes or streams in the City, whether such uses are permanent or seasonal in nature. B. This ordinance shall apply to such uses after the date of the adoption of this ordinance except when owners of such non- encased molded polystyrene expanded-bead foam materials who are presently using them in the City for purposes forbidden by this ordinance may continue to use them for such purposes in existing structures currently containing them until December 31, 1994. This exception does not include repair or replacement of existing molded polystyrene expanded-bead foam. Section 2. Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its adoption and publication. Adopted by the City Council of Orono on this _ _ _ day of _ _ _ _ _ _ _t 1992, by a vote of ayes, _ nays. Barbara A. Peterson, Mayor Attest; Dorothy M. Hallin, City Clerk I ' m • • -i •• '•* . , y some are STYROFOAM brand... . f .•VA..V >'* •• . • <-'.• •• ' * i -« ^ •,r d f'. --W « —- •‘ 'j. ‘V- iV V ># mi V -1 •a O •\Y I • '•» • •■^.Ulki . ••» /.. -jf 1 \ V ;r* ,«. . «-•* i V ' \ . » . • • * . .*•■ ••.-» )•♦•“ *• iT V.-* **, -'* *-• /• V\ » •, . . . ^^.. . - V v»?-i^,:; V. :t y. STYROFOAM : -.BRAND PLASTIC FOAM *. DECORATIVE - BILLET . • .. ... . STYROFOAM BRAND ^ .'‘.‘.V ;‘lNSULATION.MASTICr- • • - STYROFOAM BRAND PLASTIC FOAM DECORATIVE BOARD ^,. -jrT* •i'«W.(.^,-C'.. -y-V ---:?3^i«T5i2^¥r ^ _____. S?3u?S^2i« V -- .• STYROFOAM BRAND INSULATION •ta." • * • ^styrofoam brand PLASTIC FOAM BUOYAfJCY BILLET * Trad**'T.ar« of Th^ Dow Chemical Corrpany ». . ;i • « -• . •» »***^ - T«l : >.* *•,^5 * Tf ^>,-t; —”yr-\ ^n-< ■•€h y.> f »y ■* ■••• ^ .1 y*J ■'*X-.* i'L •>POFOAM brand plastic Oa M for arts AND CRAFTS 4n^*‘ t.’l • *^*-.^* •* *<i^/»> - T '** ^ V Vdf> '... •-•. *..-.• t > - .w.% .:w.i __________J • [ J ■.% . /V' ••NJ/ , , ; .:ar.T?*VT V-- / V... -.i-v l; • * * • • fei'TTt ---Tr: • A- • *.^ . » . •• 4» c ,r .A-T' *vw. about the other plastic foams Plastic foams and plastic foam products'have mul tiplied since Dow introduced STYROFOAM brand products back in the 1940 ’s. Besides polystyrenes, many other chemicals are now foamed into everyday items. Among these are polyethylenes, polyurethanes, latexes, and even silicones. New foaming processes have been developed. \\S MOLDED PRODUCT -,i_J Molded polystyrene products are formed in molds. Here, the two halves of a mold are opening to eject the product. MOLD OPENS TO EJECT PRODUCT cups, chests, coolers, et al Easily, among the most ubiquitous plastic foam products in today ’s American lifestyle are cups and coolers. Convenient, disposable, and inex pensive, they keep the coffee hot, the lemonade or food cold. Millions are used each year. These products are made by molding expandable polystyrene beads. Each bead is about the size of the ball in a ballpoint pen. Each holds a bit of entrapped gas, a blowing agent. To make a molded polystyrene product, preex panded beads are poured into a mold of the size and shape desired. Heat is applied. The gas ex pands, and the beads swell to fill the mold. There is just enough melting to fuse the beads together, giving the product solid form. This molding process, using beads of different sizes, yields a multitude of familiar items. Among them are cups, ice chests and picnic coolers, wig forms, swim ming pool float boards, and tight-fitting shipping cases fo ’' cameras, TV sets and other fragile goods. Boards and panels of “headboard ” insulation also are made this way. But NO products molded from beads carry the trademark STYROFOAM. Nor can STYROFOAM brand plastic foam be used in a molding process. So the trademark STYROFOAM should not be used in relation to these products. This photograph shows the structure resulting from molding expandable beads. •> thermoforming Thermoforming is ths process used to produce such plastic foam articles as egg cartons, meat trays, and disposable picnic plates. In thermoforming, a thin sheet of flexible polysty rene foam is ted into a press and heated, making it more flexible and susceptible to forming. Next, the sheet is placed between dies which stamp shut to form the desired shape. Finally, the formed items are removed and trimmed. But NONE of the thermoformed products carry the trademark STYROFOAM. Nor can STYROFOAM brand plastic foam be used in the thermoforming process. So the trademark STYROFOAM should not be used in relation to these products. in-place foaming In-place foaming, cavity-fill foaming, and spray-on foaming are variations of the same technique for producing plastic foams. Most commonly, this technique involves mixing two liquid chemicals which react to form the plastic foam. Chemically, most foams made this way are urethanes. In-place foaming is used to make such articles as lightweight decorative “beams ” having the look of old timbers when stained. For this, the chemiceils are poured into a mold of the desired shape and dimension. The chemicals react to form the foam, which fills the mold and solidifies. Spray-on foaming is used to apply insulation to industrial storage tanks and similar structures. In this procedure, the two liquids are piped to a common spray nozzle, where they begin to mix ' and react — and form the foam as the spray hits the surface being insulated. about STYROFOAM brand plastic foams STYROFOAM brand products are made and marketed only by The Dow Chemical Company. Today there are seven basic ST^ ROFOAM brand products: • STYROFOAM brand insiilHlion — Blue plastic foam be »rds with eithei '<'ngue-and- groove or flat edges. Used to ini date residential and commercial buildings. • STYROFOAM brand plastic foam decora tive billets and boards — For use in the fabrica tion of craft, floral, and display items. The decorative billets are green or white; the decorative boards are green only. • STYROFOAM brand plastic foam buoyancy billets — For use in docks, rafts, marinas, etc. The color is blue. • STYROFOAM brand insulation mastic — An adhesive used to install STYROFOAM brand insulation. • STYROFOAM FP brand foundation panels — Blue plastic foam boards with a pro tective and decorative pebbled coating. Used to cover and insulate foundations of houses and light commercial buildings. • STYROFOAM brand foundation coating — A protective brush-on coating for STYROFOAM brand insulation installed on exterior foundation walls. • STYROFOAM LIGHTGUARD brand insulation — A lightweight roofing panel covered vrith a layer of latex-modified concrete. Insulates and protects roof membrane. All of the STYROFOAM plastic foams are identical in that all are made: • From the same chemical starting material — solid granules called pol\>st\^rene plastic. • By an extrusion process involving technology and know-how developed by Dow. • Only in rigid bulk forms — as billets or boards. extruding “bubbles’’ Cut through a piece of STYROFOAM plastic foam and the closed-cell structure becomes visible. It looks like a mass of bubbles, each one sharing a wall with its neighbor. The Dow process creating these bubbles takes place in an extruder. Polystyrene granules fed into the extruder are melted into a thick fluid. Then a mixture of gases, called a “blowing agent,” is injected to foam the fluid into a mass of bubbles. Heat and pressure are controlled so that the mass of bubbles begins to stiffen or “set” At the same i me, the solidifying mass is extruded — pushed out — through a die which shapes it as a billet or board. The clostd cell structure of STYROFOAM plastic foams is shown here. materials, Including ^JFQAM^S bjrand DroducS^ryco& ^heiite'of STYROFOAM ^in^^u^ons on handling nnd In an extruder, a solidifying mass of polystyrene foam is pushed through a die, creating a board of STYROFOAM brand plastic foam. Cavity-fill foaming has current use as a method for adding insulation to existing homes. Holes are drilled into the cavity between exterior and interior walls, and the reactive chemicals are fed in. Mixing, they produce the foam which e.xpands to fill the cavity. m But NONE of the in-place foams, sprSy-on foams or cavity-fill foams cany the trademark STYROFOAM. Nor can STYROFOAM brand plastic foams be used in these processes. So the trademark STYROFOAM should not be used in relation to these products. about trademark usage A trademark is as important to a memufacturer as a copyright is to a newspaper or magazine. Because it instantly identifies the source and quality of goods, the trademark STYROFOAM has significant commercial value for Dow. This value can be diminished, or completely lost, if persons using the trademark fail to treat it as a trademark- That ’s why Dow asks writers, editors and others who use this trademark to be aware it is a trademark, and to use it accordingly. The guidelines are simple: 1. Use the trademark STYROFOAM only in reference to products known to be those to which Dow applies this brand name. 2. In print, give it a distinctive appearance — at the least, an uppercase initial “S.” 3. In speech or In print, follov; the trademark with the appropriate generic — as ‘‘Styrofoam brand insulation ” or ‘‘Styrofoam brand plastic foam.” The generic teUs what the product is; the trademark distinguishes the product from those of other manufacturers. Many VTite.'s avo*d the trademark-handling prob lem by following the advice in the Associated Press style book: Unless the trademark is essential for understanding, avoid it, use an appropriate generic instead. ‘‘Plastic foam ” or merely “plastic ” arc appropriate generic terms. Of course, news and feature stories originated by Dow will incorporate essential — and correct — trademark usage. Continued for instance Following are examples of wrong and right usage of trademark STYROFOAM: Wrong Styrofoam shapes. Styrofoam beiUs, Styrofoam eggs Right on Assuming these items are made from STYROFOAM brand plastic foam, say; Shapes made of (or from) S'l^r'ROFOAM brand plastic foam, etc. If you’re uncertain of the material used to make such items and!ox you want to use a less-awkard e.xpression, say: Plastic-foam shapes, etc. Wrong Styrofoam cups. Styrofoam coolers, Styn ’ofoam egg cartons. Such items aren ’t made by Dow nor are they made from any product sold under the trademark STYROFOAM. Right on! Wrong Right on! Plastic-foam cups, plastic-foam coolers, plastic-foam egg cartons Dow (or Dow’s) STYROFOAM brand insulation This implies there are other manufacturers of STYROFOAM brand products. There aren ’t STYROFOAM branvi insulation, made by Dow if you wonder ... Why docs Dow send out this folder? Not by choice, because we’d rather not We do it because: • The trademark is valuable to Dow, and we want to preserve it as a trademark. * In court decisions about trademark rights, numerous rulings have evolved guidelines for trademark owners. These boll down to: ‘‘If you own a trademark and want to keep it as a trademark, you must protect it You must keep people aware it's a trademark. You must promote its proper use and correct any misuses.” This folder is part of our effort to follow that ad vice. (Additional copies are available on request) Thanks fer your cooperation! J /Si!UJ3 pai3PS.. , Y:-,: '!X •' ,.:;v.'Ki;;:- spnpojd uicoj 3ipB|d Suouic ;nq *' :dsoA V SI dsou d si bsou d si asoy if there’s an enclosure... This folder may reach you with a copy of a newspaper or magazine clipping enclosed. If so, it’s because we believe he piece shows a misuse of the Dow trademark STYROFOAM. The type of .misuse is indicated by one or more :heck-marks in the listing at light .ncidentaliy, the clips are referred o us by a national clipping service hat scans periodicals for all kinds jf clients. □ The trademark is used to describe plastic foam products other than the extruded polystyrene foam billets and boards sold by Dow under the STYROFOAM brand name. □ STYROFOAM U a trademark. In print ft should be treated as a proper adjective with an upper-case initiaJ “S.** □ The reference is to expandable pl/istic beads — none of which are among the STYROFOAM brand plastic foams made by Dow. □ Dow does not make the articJe(s) referred to. Nor can they be made from any of the STYROFOAM brand plastic foam. □ The reference is to plastic foam products made by a molding process uiirg expandable plastic beacis. None of these — inducing cups, ice chests, wig forms, form-fitted packages. **beadboard** insulation — Is a STYROFOAM brand product. □ Plastic foam artides such as egg cartons and picmic plates are snade by forming thin plastic sheets. None ate STYROFOAM brand products, nor can they be made from any of the STYROFOAM brand plastic foam products. □ Loose-fill or pour*in packaging materials — In the form of beads, •‘pOlows’* or “peanuts'* — are not STYROFOAM brand products, nor can they be economically made from any of the STYROFOAM brand plastic foams. □ For correct trademark handling, shapes fabricated from a STYROFOAM plastic foam should be described as “cones of STYROFOAM plastic foam,“ “rings cut from STYROFOAM brand plastic foam,“ or an appropriate similiar wording. DOW CHEMICAL U.S.A. An Operating Unit of The Dow Chemical Company SPECIALTY CHEMICALS AND FUNCTIONAL PRODUCTS MIDLAND. MICHIGAN 48640 Printed In U S A.• Trademark of The Dow Chemical Company Form No. 179-64-84 LAKE MINNETONKA CONSERVATION DISTRICT PUBLIC HEARING PROPOSED ORDINANCE PROHIBITING THE USE OF NON-ENCASED MOLDED POLYSTYRENE EXPANDABLE BEAD PLASTIC FOAM Wednesday, October 28, 1992 7:00 PM Tonka Bay City Hall Non-encased plastic foam has been used as a flotation device for a few multiple docks on Lake Minnetonka. In response to a problem with littering from foam fragmentation at certain multiple docks, the City of Orono adopted an ordinance prohibiting the use of non-encased "styrofoam as a dock * flotation device. The Water Structures committee recommended adopting a similar ordinance to prohibit the use of non-encased plastic foam on floating structures lakewide. There was discussion that Orono’s ordinance allowed too short a period o ® change the docks, creating a hardship for the . It was decided to hold a public hearing prior to adoption of a similar ordinance. At present, staff is aware <>* = ' ° 'hey arenon-encased plastic foam in their floating docks. They are Lakeside Marina in Maxwell Bay, Minnetonka Boat on Tanager Lake and Browns Bay, and Windward Marina on Browns Bay and Tanager Lake. Lakeside has Boat fragmentation of the foam due to ice damage. Minnetonka Boat Horkr«pe“ienced fragn.entation and breakage both Tanager Lake and Browns Bay due Jhelr animals. Windward Marina has not had problems with their floating docks, which have been in place for approximately years. Jim Rivers, Windward Marine, called in response to the proposH o;dinance. He advised that he uses » product than the other two mavinas. He uses an ''‘rude plastic plastic^foara!^ Th”'ither plastic foam, used or^hfrks'Th^? Sirf^^gLntation. is a voided polystyrene expanded bead foam. A = (,‘'°”e“ntwoer"St^ 'of^am"'’brand extruded explained that the asked Orono to rewrite their rrdirn^e"ro'’crrr:‘rthr:rs;s:if the word -Styrofoas.". "Styro-oam" extruded plastic foam is formed into billets that are used for floating docks around the country, as well as on both coasts. "Styrofoam" does not absorb water, because it is extruded with a closed cell structure. The molded polystyrene foam does absorb water between the expanded beads. - - — • • . ...... / TO:Mayor Peterson and Orono City Council Ron Moorse, City Administrator FROM: DATE: Michael P. Gaffron, Asst. Planning & Zoning Administrator October 22, 1992 SUBJECT: Draft Letters of Response - Flexibility Requests Attached is a draft letter of response to be sent to the Cities of Minnetonka Beach, Spring Park, Tonka Bay, Wayzata, and Woodland regarding their flexibility requests. At your October 12th meeting. Council generally indicated that Orono should respond with a show of support for these cities* efforts rather than dissect the specific proposed code elements with which Orono may philosophically disagree to a minor or major extent. LMCD Representative Hurr suggested that perhaps Orono should take a more strict stand on the issue of hardcover related to commercial and high density residential development. Certain cities are proposing ordinances which would allow development and redevelopment with hardcover in excess of 75% under certain conditions. Hurr suggested that if no adjacent cities oppose this the DNR will be in a weaker position to disallow such provisions. I have taken a middle-of-the- road approach in addressing this issue. Staff Recommendation Please review the draft generic letter and accept it, modify it, or give staff further direction. ! Mayor Re: Shoreland Flexibility Request Dear Mayor The Orono City Council has reviewed your proposed Shoreland Flexibility Request and has no objection to any of the specific elements. We applaud your efforts to adhere to the DNR requirements while struggling with the ongoing problem of existing non-conforming development. We would encourage our sister cities in the Lake Minnetonka community to carefully review new development and redevelopment when it occurs, and make every effort to minimize the impact of development on the Lake, especially by limiting impervious surfaces to the greatest possible extent, as well as by requiring appropriate storm water runoff quality control measures. Sincerely, Barbara A. Peterson Mayor BAP/ch To; From: Date: Subject: Mayor Peterson and Orono City Council Ron Moorse# City Administrator % Michael P. Gaffron, Asst. Planning & Zoning Admfij^ratoj November 4, 1992 Shoreland Grant Agreement - Expense Documentation The Shoreland Grant Agreement requires that we certify the dates of completion of various items and submit documentation of expenses in order to fulfill the terms of the agreement. A copy of the ordinance certification checklist requiring the mayor's signature is attached and a copy placed in the signature packet. will then forward the signed checklist and ner*essary documentation to the DNR. As a point of information, City expenses incurred relative to adoption of the Shoreland Ordinance through July 5, 1992 are as follows: Publication Costs Barr Engineering (Survey Work for OHW's) Staff Time (269 Hours at $29.00/Hr. Billing Rate) $ 43.80 3,731.08 7,803.00 $11,575.88 The $5,000.00 grant will cover approximately 43% of our actual costs in developing and implementing the Shoreland Ordinance. r • •OPX)INANCE CERTIFICATION CHECKLIST •' On rp all the below listed tasks are completed, please sign and return the checl^st and aU required documents to the State. This must be returned before final payment-will . be authorized. Date of published hearing notice. Date of postmark of hearing notice to Commissioner of the Department of Natural Resources/Area Hydrologist. Date of hearing(s). 1. February 3, 1992 2 • • ^Tc> be 2 February 18, 1992 6. % * 8. 4^ February 24, 1992 6. March 9. 1992 7. NA Orig. Est. Jan. 1, 1968 or Before Date of ordinance adoption. If ordinance is published in entirety, date and affidavit of newspaper publication of adopted ordinance. (Include three copies of ordinance) If only ordinance summary published, date and affidavit of newspaper publication of ordinance title .il 1 summary along with certified copy of adopted ordinance in its entirety firom the Clerk. (Include three copies of ordinance) Date of official filing of adopted ordinance with County Recorder ( record book number "page number). Board of Adjustment/Appeals has been established, (copy of current code attached •Note: Cities under charter must also submit a list of any aditional requirements for hearings, notices, etc. stated in their charter. Please speedy: NA BY:___________ Mayor DATE:.__________ ORONO, MN Bonestroo Rosene Anderllk & Associates Engineers & Architects October 19, 1992 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attention: Mr. John Gcrhardson Giro G Bone«T)Q PE pQCt'i PE* C k PE L Scr\aiJ PE E Turr^r PE P Coo* PE Tno<Tut E PE PoCefT G khuncht PE Sown M EO^rt n C PA •5«n<y Consotjrr Hcwina A Sjrfcra. PE *>th A Go^on PE Pcoen P pv'^ne PE P<tw»d W EoRff PE Davi<3 O Lctkorj P£ Rooe't C Pov^e*. A j A Je^ry A BooftXio PE Mifk A Hanson. P£ M<rwe< T Pjotrvinn PE Tffl K PE Thomas P Anoenon A i A Donald C BurgarCL PC ThofPaj E An^uv PE fvrah< Mart rf ♦, PE Mchaet P Rau PE A/'^S *.< P A IC P T^'omas \A Peterson PE M<nae ‘ C L>-nch PE Jar^s P Vafarj PE je'*> D Pr'i/sch P£ Urnneth P Andersen PE Wa'k P Po^v PE Mark A Se*p. P£ Gary W ^Vy•en PE Dan»er J Edgerron P£ Daryt K Kifsfhenman PE Phiiip J Cat ^^Jr^ D Wt M>sB Jensen PE L Phu’ip Gra^n :« PE iCaren L W=emen PE Gary o K.nstOhtZ PE F ^odd Fo ster p£ Ae.m P Yapp P£ Shaya^n O Gustafson t Cec :o O rv^» PE A Er«c*son Leo M Paweisky Hanan M Oison James F Erge-handt jidisaa [OCr 2 '1 i09?. Re: Orono Lift Station No. 9 Our File No. 13964 Dear Mr. Gerhardson: Attached is the second and final pay request for the Lift Station No. 9 Renovation Project Tliis project has been completed a-'conhng to the project plans and specifications. We recommend the City accept this project and pay New Mech Companies, Inc. the final amount due. I have also enclosed the required IC-134 Forms from New Mech Companies and Page Electric If you have any questions about this project please call me at 636-4600. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daryl Kirschenman DK:rsb Enclosures 13964.cor 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636^600 t 0on€stroo sis Hotcn* AndeHilc 4 |\J| AsfcxJates Owner City of Orono. Box 66, Crystal Bay, MN 55323 Date Septemt er 30, 1992 For Period August 31, 1992 to September 30, 1992 Request No. L & F'inal •a^mw a iWcAMaru U PML liWAiMM Q)nlracU)r New Mech Companies, 1633 Eustis St, St. Paul, MN 55108-1288 RliOUliST FOR PAYMENT Lift Station No. 9 Renovation File No. 13964 SUMMARY Recommended for Approval by: BONESTROO, ROSFNE, ANDERLIK & ASSOClAIliS, INC Approved by Contractor: NEW MEQI COMPANIES Approved by Owner: CriY Ol- ORONO, MN Specified Contract Completion Date: SCITCMnLR 30. 1992 13964.RrP 1 Original Contract Amount $46,800.00 2 Change Order • Addition $8,200.00 3 Change Order • Deduction $ 4 Revised Contract Amount $55,000.00 5 Value Completed to Date $55,000.00 6 Material on Hand $0.00 7 Amount Earned $55,000.00 8 Less Rir.s 0.00 9 Sub-Total s 55,000.00 10 Less Amount Paid Previously $10,972.50 11 AMOUNT DUE 11 IIS REQUEST FOR PAYMENT NO.2 & Final s 44,027.50 « Item Uolt Cocitract Ouaotity Unit l^ricc Quaotiiy To Date Aniounl To Dale I IJft Statiou Rcuovatiou iuci removal oL existing equip., piping, controls, & accessories; installation of cone, top slab w/access hatch; site inipivs., elec, work; painting; & mlsc. - LUMP SUM Total Biise Bid LS 46.800.00 46«no no $46,800.00 Change Order No. t 2 Install byjiass pump sj'stem Total Change Order No. 1 LS 8,200.00 R ?nnm $8,200.00 Total Base Bid Total Change Order No. 1 Total Work Completed to Date 13964.RIT 46,800.00 K,?nnm $55,000.00 PROJi-rrr paymf .nt ??rAius Owner City of Orunu Project Lift Sta. 9 Renovation Project No. Ffle No. 13964 Contractor NcwMccb Companies aiANGE ORDHRS No. D.'ite 1 7-8-92 bypass pump system Amount $8,200.00 Total Change Orders - Add $8,200.00 PAYMENT SUMMARY No. 1 2 3 4 5 6 7 8 9 10 Period Start 8-31-92 8- 31-92 9- 30-92 Payment $10,972.50 44,027.50 Retaioage $577.50 0.00 Completed $11,550.00 55,000.00 Total Pa)’mcnt to Date Rctainage, Payment No. Total Value Completed 2 & Final $55,000.00 0.00 $55,000.00 Original Contr.ict Change Orders Revi.sed Contract $46,800.00 8,200.00 $55,000.00 I3%4.RFP RP-2 APPLICATION AND CERIIIICAIE FOU PAYMLNI TO (OWNER): CltyofOrono PROJECT: Lin Station P9 Renovation APPLICATION NO: 2 FINAL PERIOD TO: 9-25-92 FROM (CONTRACTOR)- NewMech Companies. Inc 1633 Eustls Street St. Paul. MN 55108 CONTRACT FOR: Mechanical Work VIA (ARCHITECT): Bonestroo, Ro&ane, Anderllk & Assc. 2335 w Hwy 36 St. Paul, Mn. 55113 ARCHITECTS PROJECT NO: CONTRACT DATE: CONTRACTOR’S APPLICATION FOR PAYMENT Change Order Summary Change Orders approved In previous months by Owner TOTAL 1 1 1 ADDITIONS 1 1 $8,200.00 1 DEDUCTIONS | 1 1 Approved this Month CO# 1 DateAp, 1 1 1 1 1 1 1 -■1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TOTALq $8,200.00 1 1 Net change by Change Orders $8,200.00 1 AppUcallon Is, made for Payment, as shown below, In connection with the Contract. Continuation sheet, AlA Document G702A Is attached. The undersigned Contractor certifles that to the best of the Contractor’s knowledge. Information and bellof the Work covered by this Appllcallon for Payment F js been completed In accordance with the Contract Documents, that all amounts have been paid by the Cor>tractor for Work for which previous Certificates for Payment were Issued and payments received from the Owner, and,that currertt payment shown herein Is now duo. CONTRAC 6R: NewMech Companies, Inc 1. ORIGINAL CONTRACT SUM..................... 2. Net change by Change Orders .................... 3. CONTRACT SUM TO DATE(Llne U2)........ 4. TOTAL COMPLETED & STORED TO DATE. (Column G on G702a) 5. RETAINAGE: 5% of Completed Work (Column Dr^E on G702a) of Stored Materials (Column F on G702a) Total Relalnage(Llne 5a'*'5b or Total In Cloumn 1 on G702a)...................... 6. TOTAL EARNED LESS RETAINAGE.......... (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT(Une 6 from prior certificate)........ 8. CURRENT PAYMENT DUE....................... 9. BALANCE TO FINISH.PLUS RETAINAGE... (Line 3 less Line 6) $46,800.00 $8,200.00 $55,000.00 $55,000.00 $55,000.00 $10,97250 $44,027.50 Stale of: Minnesota County of: Ramsey Subscribed arKj sworn to before me this dayof.->c^^:??Z^^Al9 ^ Wayne H Date: 9-28-92 Nol«yPuWle: ......... i ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising the above appiicallon, the Architect certifies lo the Owner that to the best of rw ‘«ichltect's knowledge. Information atvi bellel the Work has progressed as Indicated, the quality of the Work Is In accordarKe with the Contract Documents i nJ the Contractor Is entitled to payment of the AMOUR r CERTIFIED. AMOUNT CERTIFIED....................... (Attach explanation If amount certifted differs from the amount applied for) ARCHITECT: By:.Dale; TNs Certificale Is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor nanMd herein. Issuarxe payment and accept»v:e of payment are without prejudice to any rights of Ine Owner or Contractor under this Contract. TO: from: DATE: Mayor and City Council Ron Moorse, City Administrator November 6, 1992 / 6 ^0 VSUBJECT: Resolutions Amending the Stubbs Bay Sewer Project Assessment Roll to Reduce the Assessment Amounts for Properties Owned by Donald Gronberg and Alvin Balgaard Attached are resolutions reducing the Stubbs Bay sewer project assessment amounts for properties owned by Donald Gronberg and Alvin Balgaard. The reductions reflect actions taken by the Council to reduce the assessments. The assessment related to the Gronberg property was reduced from $18,880.00 to $11,400.00, which is the amount assessed to the other properties in the Leaf and Cygnet area. The Balgaard assessment was reduced from $11,500.00 to $11,000.00 as part of an easement acquisition agreemenc. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION TO AMEND THE STUBBS BAY SANITARY SEWER ASSESSMENT ROLL - REDUCTION OF PRINCIPAL AMOUNT OF ASSESSMENT FOR DONALD GRONBERG PROPERTY LOCATED ON LEAF STREET WHEREAS, on July 27, 1992 the Orono City Council adopted Resolution No. 3145 to adopt the Stubbs Bay sanitary sewer assessment roll; and WHEREAS, Donald R. Gronberg is owner of the parcel of land legally described as Tract B, Registered Land Survey No. 744, Files of Registrar of Titles, Hennepin County, Minnesota (hereinafter the property); and WHEREAS, the assessment roll adopted in Resolution No. 3145 sets the principal amount of the assessment for the property at $18,880.00; and WHEREAS, the property owner appealed the amount of the assessment; and WHEREAS, the Orono City Council reviewed the merits of the assessment appeal and agreed to reduce the principal amount of the assessmer i from $18,880.00 to $11,400.00 based on one or more of the following findings of fact: 1. The property is a vacant lot containing approximately 0.66 acre of contiguous dry buildable land exclusive of roadways and pond areas. 2. The lot was created as part of RLS No. 744 in March 1958, and met the 25,000 s.f./120' area in width standards then in effect. Page 1 of 4 O0\\CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __________ 4. 5. 6. 3. City Ordinance No. 22, adopted 10/12/59, established a minimum building lot size of 1 acre and 140' minimum width at the building line. That code allowed the City Council to grant variances for substandard lots in single separate ownership. The property continued its status as a substandard lot with the 1967 rezoning to R-IC, 1 acre single family residential. The lot became even more substandard when the area was rezoned to RR-IB in 1975, requiring 2 acres and 200' width. Environment regulations have gradually reduced the potential buildable area of the lot. Ordinance No. 63 in April 1964 excluded wetlands from the dry buildable area calculation. Ordinance No. 179, adopted in September 1975, required a 26' structure setback from the pond. The Shoreland Regulations adopted in 1992 required a 75' structural setback from the pond if the lot is sewered, 100' if it is not sewered. 7. Septic system requirements through the years have become increasingly strict. 8. Until the City Council adopted the Shoreland Regulations in February 1992, a house could have been constructed on the property meeting all state septic system design and setback requirements and would have met all Orono zoning code requirements except the lot area and width requirements. 9. Prior to 1975, substandard lots of similar size and character were granted building permits for construction of single family residences without the need for variances in the Cygnet/Leaf neighborhood in which the property is located. 10. Lot area and width variances were granted for similarly situated lots in the Cygnet/Leaf neighborhood after the 1975 rezoning to 2 acre lot standards. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Prior to adoption of the assessment roll, the City Council directed that all vacant lots less than 2 acres in area be assessed the full unit amount rather than having said assessment reduced as was done for developed lots in the neighborhood, on the basis that the value of vacant substandards lots increases substantially more than that of developed lots as a result of the sewer project. 12.The property has been in single separate ownership of the current owner since 1959. 13.It is highly likely that the lot area and width variances to construct a residence on the property would have been granted prior to the adoption of new Shoreland Regulations in February 1992. 14.The assessment of a full unit principal amount of $18,880.00 for the property would be an unfair burden to the property owner on the basis that as a lot in single separate ownership it likely would have been allowed to be developed with a single family residence as recently as six months prior to adoption of the assessment roll, and therefore the benefit to the property is no greater than the $11,400.00 benefit to other developed lots in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that: the Stubbs Bay sanitary sewer assessment roll adopted per Resolution No. 3145 is hereby amended to revise the principal assessment amount for the property from $18,880.00 to $11,400.00. Adopted by the City Council this 9th day of November, 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Page 3 of 4 o,. o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 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 4 of 4 J TO;Mayor and City Council FROM Ron Moorse, City Administrator DATE November 6, 1992 0/lfQ SUBJECT; Resolutions Amending the Stubbs Bay Sewer Project Assessment Roll to Reduce the Assessment Amounts for Properties Owned by Donald Gronberg and Alvin Balgaard Attached are resolutions reducing the Stubbs Bay sewer project assessment amounts for properties owned by Donald Gronberg and Alvin Balgaard. The reductions reflect actions taken by the Council to reduce the assessments. The assessment related to the Gronberg property was reduced from $18,880.00 to $11,400.00, which is the amount assessed to the other properties in the Leaf and Cygnet area. The Balgaard assessment was reduced from $1 1,500.0'J to $1 1,000.00 as part of an easement acquisition agreement. i. o>. o CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION TO AMEND THE STUBBS BAY SANITARY SEWER ASSESSMENT ROLL - REDUCTION OP PRINCIPAL AMOUNT OP ASSESSMENT POR PROPERTY LOCATED AT 3560 BAYSIDE ROAD WHEREAS, on July 27, 1992 the Orono City Council adopted Resolution No. 3145 to adopt the Stubbs Bay sanitary sewer assessment roll; and WHEREAS, Alvin and Beatrice Balgaard are owners of the property legally described as that part of Lot 27, Auditor's Subdivision No. 203, Hennepin County, Minnesota, lying northerly of a line running from a point in the east line of said lot distant 292.49' south from the northeast corner thereof to a point in the west line of said lot distant 261' south from the northwest corner thereof; also described as PINs 05-117-23 13 0017 (hereinafter "the property"); and WHEREAS, the assessment roll adopted in Resolution No. 3145 set the principal amount of the assessment for the property at $12,990.00; and WHEREAS, the City Council subsequently reduced the principal amount for the entire Bederwood sub-project area, including the property, to $11,500.00; and WHEREAS, as a result of an easement acquisition process, the City agreed to reduce the principal assessment amount for Alvin and Beatrice Balgaard to $11,000.00, reflecting the $500.00 cost to acquire said easement. NOW, THEREFORE, BE IT RESOLVED that the tubbs Bay sanitary sewer assessment roll is hereby amended to rev-se the principal assessment for the property to $11,000.00. Page 1 of 2 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council this 9th day of November, 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument wa.s acknowledged before me on this 9th day of November, 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 1 of 2 TO: FROM DATE Mayor and City Council Ron Moorse, City Administrator November 5/ 1992 % SUBJECT: Post Office for the New City Facilities Because the new city facilities are located in the zip code area served by the Long Lake Post Office city staff has been moving ahead with plans to use the Long Lake Post Office for the city's postal business. This has included the ordering of some new forms with the Long Lake zip code in the city's address. The Council has expressed concern that the loss of the city's postal business may affect the viability of the Crystal Bay Post Office. The following is an analysis of the issues related to each of the two alternatives. 1. Crystal Bay Post Office A. Advantages 1) Increases the probability of the longterm viability of the Crystal Bay Post Office B. Disadvantages 1) The Crystal Bay Post Office will not deliver mail outside of its zip code area. Staff would have to pick up mail from the Crystal Bay Post Office each morning and drop-off mail each evening. The School District has agreed that if the city uses the Long Lake Post Office, school district personnel would pick up the city's mail each morning. 2) The UPS uses the zip code as its location key for parcel delivery. If the city's mailing address is Crystal Bay, the city could experience problems with UPS delivery. 2. Long Lake Post Office A. Advantages 1) The mailing address would reflect the zip code related to the location of the new facilities. 2) The school district would pick up the city's mail. 3) The Long Lake Post Office is located closer to the city facilities. B. Disadvantages 1) The loss of the city's business could affect future decisions concerning the viability of the Crystal Bay Post Office. > # -# The Postmaster in Minneapolis has indicated that regardless of which post office is selected, the city can use "Orono” in its mailing address. This will generally not affect mail delivery since the mail sorting* machines sort by zip code. If the machine for some reason cannot read the zip code the machine reads the city. When it reads the city, it sends the mail to the lowest zip code serving the city. The lowest zip code serving Orono is the Crystal Bay Post Office. If the city selected the Long Lake Post Office a small percent of the city's mail could be delivered to the Crystal Bay Post Office. The analysis of the two alternatives points to the Long Lake Post Office as the preferred alternative from an operational standpoint. The additional factor in the decision process is the concern for the future viability of the Crystal Bay Post Office. Staff has been working with the Postal Service to develop a five year lease based on providing improvements to the post office parking area. Staff has not had discussions with the Postal Service rega*'ding plans beyond the fi re year period. t » To; From: Date: Subject: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director November 5, 1992 County Road 42 (Old Highway 12) Turnback % As part of a Highway Turnback Program several years ago, old Highway 12 - Wayzata Boulevard was turned back to He.mepin County which is now County "oad 42. Old Highway 12 (now County Road 42) runs from new Highway 12 on the eastern border of Orono easterly past Myrtlewood Road, Wayzata Country Club, etc. to Highway 101. All that part of County Road 42 will be turned back to the City of Wayzata except 0.08 miles (400+ feet) which is in Orono (see attached map). As part of the Turnback Program, the City of Orono should accept the jurisdiction of that part of old Highway 12. The road is in good condition and has received a bituminous overlay recently. Staff can work out the details of maintenance with the City of Wayzata. It is necessary to accept this portion of roadway by resolution, therefore I have prepared one for Council review and approval. Isv 4 ♦ A RESOLOTION ACCEPTING JDRISDICTION 0.08 MILES (400-I- FEET) OF NAYATA BOULEVARD WHEREAS, the City of Orono is a municipal organization existing under the laws of the State of Minnesota; and WHEREAS, old Highway 12 -- Wayzata Boulevard (now County Road 42) is partly within the boundaries of the City of Orono; and WHEREAS, Hennepin County wishes to turn back that roadway to the municipalities. NOW, THEREFORE, BE IT RESOLVED that the City of Orono accepts jurisidiction of 400+ feet of Wayzata Boulevard which is within the boundaries of the City of Orono. Adopted by the City Council of Orono, Minnesota this 9th day of November, 1992. ATTEST; Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 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 Pace 1 of 1 $H2 Si€. S(S ¥.112 i. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 5, 1.92 C' a % % SUBJECT: City Facility Change Orders The attached change orders relate to changes that have previously been reviewed with and approved by the Council. They have also been factored into the facilities budget. The following is a brief explanation of each change order. A. Jansco Caulking - Add $70.00. This is for additional caulking related to the change to precast concrete over the police security area. B. Molin Concrete - Add $6,867.00. This is the installation of the precast concrete in the ceiling of the police security area to meet the State Department of Corrections requirements. C. Ted Mannstedt & Son - Add $8,540.00. This is a portion of the cost related to the city's decision to provide for a full mezzanine level. D. National Automatic Sprinkler Co. - Add $6,580.00. The bulk of this is another portion of the costs related to the provision of a full mezzanine level. The $840.00 is the cost to provide for the ability to flush the water service. E. Gephart Electric Company - Deduct $9,267.00. This change order shows the initial cost of the emergency generator and the reduced amount related to relocating the generator to the Police building and down-sizing the generator. The large deduct reflects the reductions required to balance the budget. F. Grosser Concrete - Add $1,331.00. The original plans did not include the details of the vehicle hoists in the Public Works garage. When the hoists were ordered the hoist pits required more work than the original bid anticipated. Also, because of a delay in the delivery or the hoist equipment, the concrete contractor mobolized his crew once for the slab in the larger of the garage and a second time for the vehicle maintenance area. Council Action Requested - Motion to approve the attached change orders for Jansco Caulking, Molin Concrete, Ted Mannstedt and Son, National Automatic Sprinkler, Gephart Electric and Gresset Concrete. 1 i KRAUS-ANDERSON CONSTRUCTION COMPANY COM KACTOKS a )\s I KL C l it )N M W U .tKS August 20, 1992 r V. Mr. Tom Kuchn City of Orono P.O. Box 66 Crystal Bay, MN 55323 AUG 2 4 18D2 Re: Orono City Hall and Public Works Buildings K/A Project #4059 Dear Mr. Kuchn: Enclosed are four copies of change orders for the following contractor(s): Ted Mannstedt and Son Change Order No. One National Automatic Sprinkler Change Order No. One Gephart Elecuic Change Order No. One Please sign all copies and return three of each to Kraus-.Anderson distribute to the appropriate parties. Wc will Very truly yours, KR.\US-ANDERSON CONSTRUCTION COMPANY 5ohnohn Davies Project Manager JD/lp Enc. Minneapolis Division 525 South 8th Street, .Minneapolis, MN 55404 Phone: (612) 352-7281 FAX (612) 332-8739 Fcjual OpiMrrtunitv Employer CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C701/CM Distribution to; OWNER □ ARCHITECT □ CONSTRUCTION AtANACER □ CONTRACTOR □ FIELD □ OTHER □ PROJECT: Orono City Hall and (name,address) Public Works Buildings TO (Contractor): Ted Mannsted and Son 4801 Nicollet Avenue South Minneapolis, MN 55409 CHANCE ORDER NUMBER: One (1) INITIATION DATE: July 29, 1992 ARCHITECTS PROJECT NO: 112 4.04 CONSTRUCTION MANAGER'S PROJECT NO:4059 CONTRACT FOR: CONTRACT DATE: Structural Steel and Metal Fab. May 11, 1992 You are directed to make the following changes in this Contract: 1. Furnish additional joists, structural steel and metal decking required to extend mezzanine level as noted in Alternate #1. 2. Add to contract for cost of payment bond not included in original amount. Add: $9,935.00 Add:365.00 3. Deduct in contract amount for revisions to structural steel as noted in Proposal Request No. 2.Deduct: ($1,760.00) Total Net Add: $8,540.00 Not valid until signed by the Owner, the Architect and the Constructicm \\anager. Signature of the Contractor indicates agreement herewith, including anv ad|ustment in the Contract Sum or the Contract Time. The ofigiMjl (Contract Sumj IKK-KX’JW«X«?((X5CKXX'3C was ..................................................... $ Net change by previously auihon/cd Change Orders ..................................................................... $ The (Contract Sum) XXMMX!X«K?4»X(XMK0{'XK poor to this Change Order was ................ $ The (Contract Sum) «^KKD(OCtCM}(X’XHKK<Xtl will be (increased) j(ijfX!x.x5tj(X'XX!>E9!X?^X by this Change Order.................................................................................................................... 5 The new (Contract Sum) •j('X‘X'X!tX5tX'XX!XSCX^{XJt including this Change Order will be ... $ 40,460.00 . -0- 40,460.00 . The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is 8,540.00 • 49,000.00 • ( ) Days. December 31, 1992 Recommended: CONSTRUCTION MANAGER Minneapolis, i.N 55404 6V DATE Agreed To; Ted Mannstedt and Son CONTRACTOR Minneapolis,MN 55409 Approved; Boarmah Kroos Pfister and Associates AKCHIIECT Minnea '\u^ "'n'd: City of Orono ADDRESS DAH OWNLR Crystal Bay, MN 5 5323 ADDKtSS DATE AIA DOCUMtM C:0I CM • CHANCE UKUEK • ( (.JSSTKLCTK »N MAN Vt.EMlSf fUlTit.-S • 'tM ' fDiTlOS • \l.\^ iC *9tt0 • IHt AMERICAN INbllTUrt Of AKCHlTLCTi. i;j5 NEW UJ)RK AVENUE. N VV . VV A5H1NC.TON DC WARNING: Unlicensed photocopying violetee U.S. copyright lewe and le suli(«ct to legal proeecutlon. C701/CM — '980 CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION A/A DOCUMENT C70VCM Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ PROJECT: Orono City Hall and (name, address) Public Works B.uildings TO (Contractor): National Automatic Sprinkler Company 1612 94th Lane Northeast Blaine, MN 55449 CHANGE ORDER NUMBER: One (1) INITIATION DATE: July 29, 1992 ARCHITECT'S PROJECT NO: 1124.04 CONSTRUCTION NtANAGER'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: 4059 Fire Sprinkler May 11, 1992 You are directed to make the following changes in this Contract; 1. Add to contract for Alternate »1 additional mezzanine expansion.Add: $5,645.00 2.Add to contract for revisions to water service assembly as noted in Proposal Request No. 4.Add:840.00 3. Add to contract for revisions to security area sprinkler heads.Add:95.00 Total Add: $6,580.00 Not valid until signed by the Owner, the Architcc* and the Construction Manager Signature ot the Contractor inilicates agreement herewith, including any adjustment in the Contract Sum or the Contract Time. 46,590.00 -0- 46,590.00 The original (Contract Sum) KXXfX'XXiJflX-XOOXOiMXXX) was................................................. $ Net change by previously authtari^ed Change Orders ................................................................ $ The (Contract Sum) iKiXiXMKXiKXIXXXOfKXXX prior to this Change Order was ............... S The (Contract Sumi iKXXXXXXXUXXiXXKXX will be (increaseJCXXiXXXXKXKXXXiXXl) by this Change Order............................................................................................................ $ 6,580.00 • The now (Contract Sum) ih's Change Order will he...$ 53,170.00 . The Contract Time will be vinchanged) by ( ) Days. The Date of Substantial Completion as of the date oi this Change Order therefore is December 31, 1992 Recommended: Kraus-Anderson Construction Company CONSTRUCTION MANACtR Mi npf>apqlia->^MN 55404 _______________ Approved: Boarm Kroos Pfister and Associates Agreed To. National Automatic Sprinkler Company CONTRACTOR Blaine. MN 55449 ADDRESS e ARt.HirECjL- Minri^a^2is. MN 55401 ADDKLSS Aulhorized: City of Orono OWNER Crystal Bav. MN 55323 ^ ' ADDRESS • DATE AIA OOCU/MfNT CTOViA^ ^ CHANGt URUEK • COSSTKUCTK )N MASA iAM lSI IUJIU.)N • JUM VfW tUmON • M A* 1980 • :h E AMIRI (nn IsSTITLTE Of AKLHIUCTS. rjs SEW YORK AVENUE. NW WAVE^I nCTON UC JUljb C701/CM — 1980 WARNING: UnUctflMd photocopying violatot U.S copyright lawt and is subloct to tsgsl prosscutlon. CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION Ah\ DOCUMENT C701/CM Distribution to: OWNER n ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ 1 PROJECT: Orono City Hall and (name,address) Public Works Buildings TO (Contractor): Gephart Electric Company 5600 LaBore Road St. Paul, MN 55110 CHANCE ORDER NUMBER: One (1) INITIATION DATE: July 29, 1992 ARCHITECT'S PROJECT NO; 1124.04 CONSTRUCTION MANAGER'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: 4059 Electrical May 11, 1992 You are directed to make the following changes in this Contract: 1. Add to contract for furnishing generator package as noted in Alternate #7 of Bid Documents. 2. Deduct for revising generator package as noted in Proposal Request No. 5. Add: $21,255.00 Deduct: ($ 3,125.00) 3.Deduct in contract for electrical revisions noted in Proposal Request No. 5 and clarification items in Gephart letter of July 1, 1992.Deduct: ($27,397.00) Total Net Deduct: ($ 9,267.00) Not valid uniil signed by the Owner, Ihe Architetl and the Construction Manager. Signature of the Contractor indicates agreement herewith, including anv adjustment in the Contract Sum or the Contract Time. 279,400.00 . -0- 279,400.00 . The original (Contract Surm Xl2iiEXXuOiXK£i!fiXiXXXXi was......................................................... $ Net change by previously authorized Change Orders.......................................................................... $ The (Contract Sum) X(206}0(tXJtKS4XJWWfiKK<)tK prior to this Change Order was ................. $ The (Contract SumlXiXiXXiXfliXKaXXXlfcXiOLK will b<X.YrKK-XXd) (decreased)XKiXJ41««i) by this Change Order............................................................................................................................. $ (9,267.00)- The new (Contract Sum) OCXMMXOC-KXMXICK'XXXXi including this Change Order will be...S 270,133.00 • The Contract Time will be (10KrK«KKl) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is December 31, 1992 Recommended: Approv Krau5^~Anrif^r^cion Cnn.c;rriir-rin CONSTRUCTION' MANAGER Mi n nn 1 is, MN S S 4 0 4 n i .ompariy »v (J DATE Agreed To: Gfinhnrt- F.l pnh.ric .Cnmnnnv',T n r* * CONIRAOOR; ^ Pa(r1 f MN 'SSI ADORER /7N/ 1 Min AUUK IQ 55aj C11 'dat F Aulhori/ed: Pif-y nF Ornne^ OVWF rrycit-Al R/iy^ Al)L)KtSS MN '/ DATE AIA DOCVMINT croi cm • CMSNOE OKDIR • CONSIKLCtios IDITIUN • iVSf !■») EDITIOS • MS* ^ 1900 f pit- ^sitRicAs iNstnutE or AKcriiitcrs, ins stvs sokk .avenue , n .w w\SHiNC*<as o t. zo(W6 G701/CM — I960 WARNING: UnUMfiMd pHottKOpylflg vIotatM US. copyright Iowa and la autiHct to lagal proaacuUon. KRAUS-ANDERSON CONSTRUCTION COMPANY { ()NIK \( IOKS\( ( )NSIKl'('ll()N MANAC.IKS October 21, 1992 Mr. Tom Kuchn City of Orono P.O. Box 6T) Crystal Bay, MN 55323 Re: Orono City Hall and Public Works Buildings K/A Project #4059 Dear Mr. Kuehn: Enclosed arc four copies of change orders for tlic following contractor(s): CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C701/CM PROIECT; (name, address) TO (Contractor): Orono City Hall and Public Works Buildings Orono, MN Jansco Caulking 6200 So. Linwood Drive NB Wyoming, MN 55092 Distribution to: OWNtK □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ CHANGE ORDER NUMBER: One ( 1) INITIATION DATEiSoptcmber 24, 1992 ARCHITECT'S PROIECT NO: 1124.04 CONSTRUCTION MANAGER'S PROIECT NO: 4 059 CONTRACT FOR: Sealants/Caulking CONTRACT DATE: You are directed to make the following changes in this Contract: Furnish additional labor and material necessary to do caulking work as required according to Proposal Request No. 6.Add: $70.00 Not valid until signed by the Owner the Architect and the Construction \Undger. Signature of the Contractor indicates agreement herewith, including anv adjustment in the Contract Sum or the Contract Time. 3,950.00 -0- 3,950.00 The original (Contract SumiXOGXXiXKiirXiM} XiKXK'XH was ..................................................... S Net change by previously authorized Change Jrders ..................................................................... $ The (Contract Sum) KXXrXiKdOS}{XiXiXXiK[}CXXt) prior to this Change Order was ................ $ The (Contract Sum) XXiXiXdfXiXDfXXXXiXOtXXl) will be (increasedKXKXJOCXiXXiXJfilfi^X by this Change Order.................................................................................................................... $ 70.00. . z new (Contract Sum) (}|(X«TCK‘X<XX')MCK'X!Xi(7fX including this Change Order will be ... $ 4,020.00. The Contract Time will beXK<XX>)OI^XO^P!X‘XXX' (u* changed) by ( ) Days. The Dale of Substantial Completion as of the date of this Change Order therefore is December 31, 1992 Recommended: App/Vived; Krniig-AnrlfsrKnn Cnrif^f rnrf-. i on Cnmpnny CONSIRUtTIO.N MANACLR Min neapolis, MN 55404 ADORE Rro^Aninn Kroofi Pfister and Associates AKCllI rtcT rtrleapolis DATE IN 55401 / '^OATt Agreed To; Tongfo PmiTWing CONTRACTOR Wyoming, MN 55092 ADORE ^ DATE Authorized: C i t-y n F_Quono_____________ OWNIR Crystal Bayy MN 55323 ADDRESS DATE AIA DOCUMfNT C701/CM • CHASCC OROEft • CONSTRUCTKJN MANACiEMENT EDITION . JUNE 19«0 EDITION • AIA« ^ 1W) • THE AMERICAN institute Of ARCMIttCTS, 17JS NEW X)RK AVENUE. NW. WASHINGTON DC ri701/CM —1980 Warning Unllr^nned priotoconvinq vlolat»« U S and It siibEtct to leqtl prottcution. CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AM DOCUMENT C70I/CM Distribution to: OWNER □ ARCHlTtCT □ CONS I RUCTION MANAGER □ CON TRAC I OK □ riELU □ OTHER □ PROJECT: (name, address) TO (Contractor): Oruno City Hall and Public V^/orks Buildings Orono, MN Molin Concrete 415 Lilac Street Lino Lakes, MN 55014 CHANGE ORDER NUMBER: One (1) INIIIAIION DAlE:soptember 16, 1992 ARCHIlECi'S PROJECT NET: 1124.04 CONSTRUCTION MANAGER'S PROJECT NO: 4959 CO'-lTRACT FOR: Precast Concrete CONTRACT DATE: November 22, 1991 You are directed to make the following cliangcs in this Contract: 1. Add to contract for second trip to jobsite for public works precast erection. 2. Add to contract for precast plank added to police building per Proposal Request No. 6. Add: $ 500.00 Add; $6,367.00 Total Add; $6,867.00 Not valid until signed by the Owner, the Architect and the Construction \tanagcr Signature of the Contractor indicates agreement herewith, including anv adjustment in the Contract Sum or the Contract Time. 14,196.00 . -0- 14,196.00 . The original (Contract SumlXOEiXiXiXKKKMXOiJOtXK-XK was ..................................................... $ Net change by previously autlionzed tbange Orcieis ..................................................................... $ The (Contract Sum) IGCXXiKdmXJmEiXXiKXXXti piiur to this Change OicJcr was ................ $ The (Contract Sum) XXiXiXdiXXlXXXXXiXi)lXXi) will be lincrcaseclXXXjiJtX'XtXXMJlMKlXJO by tins Change Order.................................................................................................................... S 6,867.00 * The nesv (Contract Sum) (KKKWKXCkXIXXIX'XXk'JfX'"eluding this Change Order will be ... $ 21,063.00- The Contract Time will beX'KXX'XX'X54?!X,'?XJtl (unchanged) by ( ) Davs. The Date o( Substantial Completion as ot tlie date of this Change Order therefore is December 31, 1992 Recommended:Approved: Kraus-Anderson Construction Company Boaiynan KrQos.--^1^ist.or and Associates AP.OtiUCT /CONST KUC: t ION M,ANAC,ERMinneapolis, MN 55404 Minn Bapolis^ 55401 ADOKf'' y Mn 1 in (^nnnrnfo COrifRACTOR orized: C4-t y—o£- ---------------- OWNiR Crystal Day, MN 55323 ADDRESS |o-l7 - DATE DATE AIA DOCUMENT C7*I/CM • CHANGE ORDER • CONStRUCIION MANAGEMENT fOillUN • lO.M l<i«o fOlIION • AlA* « 1M0 • THE AMERICAN INSIlIUIt OP ARCHIItCTS, 17JS NEW HJRR AVENUE. NW. WASHINGION DC 20UU6 C701/CM —1980 VWmilNO- UnHe«nMd pNotocopyino vtolaiM US. copyright !«»• and l« Mibtoct to itoal prooacwtton. % KRAUS-ANDERSON CONSTRUCTION COMPANY tONIKAt K )KS \ ( ()NSIkl,i(:il( )N MANAC.I KS November 3, 1992 Mr. Tom Kuchn Cily of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Orono City Hall and Public Works Buildings K/A Project #'1059 ■ i! r—-r^nwfi *■ fA« 1 J 3 NOV ^ i092 Dear Mr. Kuchn: Enclosed are four copies of diange orders for the following contractor(s): Cresscr Concretc/Masonry Change Order No. Three Please sign all copies and return three of each to Kraus-Anderson. We will distribute to tlic appropriate parties. Very truly yours, KRAUS-ANDERSON CONSTRUCTION COMPr\NY lonn Daviesj Project Manager JD/lp Enc. MimuMpulis Division 52 S South Bth Slrct‘1, MinfHM|x>lis, MN 55404 PlM»ruv(hl2l H2 7281 »AX:H»I2) 132 8739 f f|U.il ^ >f»fK»fluni»v fm|i|f)y»»r CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C701ICM Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ PROJECT: (name, address) TO (Contractor): urono City Hall and Public Works Buildings Crystal Bay, MN 55323 Grosser Concrete/Masonry 1771 Yankee Doodle Road Eagan, MN 55121 Y^u are directed to make the following changes in this Contract: Add to contract for additional work required to remobilize for slab on grade work and extra work required at hoist pits. CHANGE ORDER NUMBER: Three ( 3 ) Nr'MIONDATE: October 21, 1992 ARCHITECT'S PROJECT NO: 1124.04 CONSTRUCTIO.s MANAGER'S PROJECT NO: 4959 CONTRACT FOR: Concrete/Masonry CONTRACT DATE: November 11, 1991 Add: $1,331.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates atsreement herewith, including any ad|ustment in the Contract Sum or the Contract Time. 181.827.00 9,057.00 190.884.00 The original .Contract Suni) was................................................ $ Net c’lange by previously authorized Change Orders.......H.l.».. #.2 ....................................... $ Th*> (Contract SutTi) ai(XXMj(iKm(X^XRr>'ior to this Change Order was ... $ The (Contract Sum) be (increasedK^JCJQiX^j) SJMm by this Change Order ....................................................................................................... j 1,331.00 The new (Contract Sum)x>J4»H«««StJtR'rt(»W3(KI) including this Change Order will be...$ 192,215.00* The Contract Time wll b|CK0CT3(Kd«*XPt)^Xd) (unchanged) by ( ) Q^yj ’ The Date o( Substantial Completion as of the dale of this Change Order therefore is DGC0mbsr 31, 19 92 Recommended: Kraus-Anderson Construction Company CONSTRUCTION MANAGER Minneapolis, MN 55404 ADORES rproved: Boa\man Kroos Pfister and Associates lo-ea-se.. DATE Agreed To: Gresser Concrete/Masonry contractor Eagan, MN 5 51 AUDI Authorized: City of Orono ^Cr^ystal Bay, MN 5 5323 ‘hi ADDRESS DATE CAUTION. ,ou should sign an original AIA document which has this caution pdiied In red. An original assures that changes will not be obscured as may occur when documents are reproduced. MK OOCUMiNT C7il CM. • C ma .n GI ORD R • CONSTRUCTION MANAfrEMlNT ED^'ON # jUNT IW lOtTlQN • 9 tMC • TiiE A.V1R»CAN institute Of ARCHITECTS 17JS NEW YORK AVENUE. NW , WASHINGTON. DC TOOCio G701/CM —1980 WABNiNO: Unllc^nMd photocopying violatot U S C'^nyrlght liwi ind If f l » ItgAi pfOMCution. 101992.2 TO: Mayor Peterson and City Council FROM: Ron Moorse, C-ity Admi n i st rator S \ SUBJECT: City Hall and Public Works Buildings Application and Certificate of Payment No. 9 DATE:November 5, 1992 Attachment: Application and Certificate of Kraus-Anderson Construction Co. Gresser Concrete/Masonry Steenberg-Watrud Construction Co Northside Construction Arrow Industries Vohnoutka Roofing Jansco Caulking LaForce Hardware Hoffe? Glass Mulcahy Inc. W. L. Hall Company Allied Mechanical National Automatic Sprinkler Gephart Electric Payment No. 9 $ 19,804.52 3,114.90 68.986.00 21,147.'J0 13.716.00 24.326.00 1,777.50 1,783.80 18,961.20 106,628.00 2,627.10 114,755.00 19.197.00 22.149.00 We have received from project Construction Ma.iager John Davies approved application for payment of work at the city hal’ and public works locations as follows: Kraus-Anderson Construction Co. - For construction management services for October, $7,443.00 for site supervision and reimburseable expenses through October 17, $12,361.52 - Gresser Concrete/Masonry - For concrete slab at public works building, $3,114.90 - Steenberg-Watrud Construction Co. - For concrete floors, block and exterior veneer at city hali/police building and public works building, $68,986.00 Northside Construction - For carpentry at polios -^nd city hall buildings, $21,147.00 - Arrow Industries - For insulation at the city hall/police building, $13,716.00 - Vohnoutka Roofing - For roofing and sheet metal at city hall/police, and public works buildings, $24,326.00 Jansco Caulking - For caulking at city hall/police and public works buildings, $1,777.50 LaForce Hardware - For metal door frames at city hall/police, and public works buildings, $1,783.80 Hoffer's Inc.- For glass work at city hall/police and public works buildings, $18,961.20 Mulcahy Inc. - For drywall and exterior insulation and finish system work at the city hall/police and public works buildings, $106,628.00 W. L. Hall Company - For council chambers folding partitions, $2,627.10 Allied Mechanical Systems - For plumbing, heating, venting of city hall/police and public works buildings, $114,755.00 National Automatic Sprinkler - For fire protection systems at the public works, police and city hall, $19,197.00 Gephart Electric Company, Inc. - For electrical work at public works and city hall/police buildings, $22,149.00 The attachments are presented for your approval. Requested Action: Council approval of Architect's Application and Certificate for Payment No. 9 as presented. PROPOSED MOTION - Moved by _, secon 'cfd by _, to approve City Hall and Public Works Buildings Architect's Application and Certificate for Payment No. 9 in the amount of $438,973.02, as presented. Motion, Ayes , Nays ! ^4 APPLICATION AND CERTIRCATE FOR PAYMENT Page 1 of 1 Pages TO (OWNER): City of Orono 1335 Brown Road South Crystat Bay, MN 55323 PROJECT: Orono City Hall/Police and Public Works Building CONSTRUCTION MANAGER: Kraus-Anderson Construction 525 Touth Eighth Street Minneapotis, MN 55404 ARCHITECT: Boarman Kroos Pfister 222 North Second Street Minneapolis, MN 55401 APPLICATION NO: Nine PERIOD FROM: October 1.1992 PERIOD TO: October 31.1992 ARCHITECTS PROJECT NO: 1124.04 CONTRACT DATE: November 12. 1991 SECTION CONTRACTOR/SUPaiER CURRENT PAYMENT DUE 100 Kraus-Anderson $12,361.52 03300 Grosser $3,114.90 04220 Steenberg-Watrud $68,986.00 06100 Northside Construction $21,147.00 07200 Arrow Industry $13,716.00 07610 Vohnoulka $24,326.00 07900 Jansco ^ • 777.50 08110 LaForce Hardware $1,783.80 08410 Hoffer«Glass $18,961.20 09260 Mulcahy, Inc.$106,628.00 10655 W.L Hall $2,627.10 15000 Allied Mechanical $114,755.00 15500 National Automatic Sprinkler $19,197.00 16000 Gephart Electric $22,149.00 CMFee Kraus-Anderson $7,443.00 TOTAL:$438,973.02 ARCHITECrS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising the above situation, the Architect certifies to the Owner that to the best of the Architect's knowledge. Information and belief the Work Is in accordance with the Contract Documents, and the Contractors are entitled to payment of the AMOUNT INDICATED. ARCHITECT: ^ Date:By: KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION MANAGERS_________________ I nvoice ^P2868-5 October 30 , 1992 City of Orono P.O. Box 66, 1335 Brown Road S Crystal Bay, MN 55423 Attn: Mr. Tom Kuehn Finance Director Re: Orono City Hall K/A Project #4059 Rpniipst For Piivment This request for payment is for on-site supervision and reimbursable expenses through October 17, 1992, as per construction manager contract dated November 12, 1991. Project Superintendent Doug Revard 160 hrs. @ $37.53/hr.$6,004.80 Safety Tom Nelson 3 hrs. @ $45.00/hr.360.00 Messenger Service Laz Rodriquez 11 hrs. @ $18.00/hr.198.00 Laborer Ralph Jendro III 24 hrs. @ $32.58/hr.781.96 Reimbursable Expenses Copying Postage K/A Equipment Rental MCI Ted Mannstedt & Son Midland Nursery NSP Revard, D. U.S. West UPS Veit Container Corp. 492.80 48.67 769.75 10.88 1,113.00 712.50 214.40 21.29 141.92 22.50 1.469.05 Amount Due This Invoice Minneapolis Division 525 South 8th Stieet. .Minneapolis. *.5^ 55-104 Fhone: ibl2) 332-~281 FAX: (61 2) 332-8739 Equal Opoortunity Empjove' ► u i KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION NtANACERS _______ Tnvnicp #P28684 October 30, 1992 City of Orono P.O. Box 66, 1335 Brown Road S. Crystal Bay, MN 55423 Attn: Mr. Tom Kuehn Finance Director Re: Orono City Hall K/A Project #4059 Rpniiest For Paymen t This request for payment is for construction management services of Orono City Hall, as per the contract for the month of October 1992. Amount Due: $7,443.00 I Mir neapolis Division 525 South 8th St. >ei, Minneapolis, 55404 Phone: (612) 3*4 '48l FAX: (612) 332-8739 Equal ., ortunitv Employer wVs^APPLICATION AND CERTIFICATE FOR PAYMENT aia document C702 'A(Instructions on reverse side) wet ONt of PAt,tS TO (OWNER): City of Orono 1335 Brown Road South Crystal Bay, MN 55323 FROM (CONTRACTOR): /• ^/v'c^cTT/>7//^5t7/iv£;’y^ CONTRACT FOR: PROlEa: Orono City Hall/Police and Public Works Buildings APPLICATION NO: PERIOD TO: VIA (ARCHITECT): ARCHITECT S Boarman Kroos Pfister and Assoc. PROIECT NO: 1124.04 222 North Second Street Minneapolis, MN 55401 contract DATE: Distribution to: □ OWNER □ ARCHITECT □ CONTRAC iOR□□ CONTRACTOR'S APPLICATION FOR PAYMENT CHANCE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ,^DDITIONS DEDUCTIONS '•'^Dale Approved OCT Vri'** <?8 1Q()p C<'''7'‘‘n!rfu>n (mlPTALS Nel change bv Change Orders Applic3lion is made (or Pavmenl. as shown below, in connection with (he Contract. Continuation Sheet, AIA Document C703, is attached. ifli.R27.nn lO.TRR.nn 192.715.nn 192.215.00 The undersigned Contractor certilies that to the best ot the Contractor's knowledge, inlurmaiion and belijef the Work covered by this Application (or Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor lor Work (or which previous Certificates (or Payment w're issued and payments received (rom itie Owner, and that current payment shown herein is now due. e* CONTRACTOR: ^ l^c OSOoG.. G. FOLUCMY NOTARY m;CLIC • MINNES0T,\ HENNEPIN COUNTY MyCommtatlonEjVliwOcL IS. 1997 1. ORICINAl CONTRACT SUM.......................................S 2. Net change by Change Orders...................................$ 3. CONTRACT S\JM TO DATE (Line 1=2).......................S 4. TOTAL CO/V1PLETED & STORED TO DATE...................S (Column C on C/03) 5. RETAINACE: a. _1Q % of Completed Work S 19,221.50____ (Column D + E on C703) b. --% o( Stored Material 5_________________ (Column F on C703) Total Reiainage (Line 5a 5b or Total in Column I of C703I ...................................S 6. TOTAL EARNED LESS RETAINACE................................$ 172,993.50 (Line 4 less Line 5 Total) 7. LESS pr' /lOUS CERTIFICATES FOR PAiMENT (Line 6 (rom prior Certificate)..............S ■ 188/754rBO______ 8. CURRENT PAYMENT DUE............................................S i-,4Q -1.0O 9. BALANCE TO FINISH. PLUS RETAINACE.....................S 172,993.50 _____(Line 3 less Line b* 19,221.50 Slate of: Minnesota County of: Dakota Subscribed and sworn to before me this ^ ^ day of (3C.f Notary Public: My Commission expires: ,199t ARCHITECT'S CElrriFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-sile observations and the d.Ma comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as ^ indicated, the (fualiiy of the Work is in accnrdancc with the Coniraci Do.umcnis, and the Contractor is entitled to pavmenl of the AMOUNT CERTIFIED. AMOUNT CERTIFIED.........................................................S_______________ (Alljch explanation i( amount certified differs ftom the amount applied tor) ARCHITECT: Boarman Kroos Pfister and Associates By:Date: This CcMiticaie is not negotiable. The AMOUNT CERTIFIED is payable onlv to ih« Contractor named herein. Issuance, pavmenl and acceptance ol payment are wiihou preiudite to anv ngfiis ol the Owner or*Coniracior under this Contract 'A \(Instructions on reverse si de) »^Ct QNt Of PM.tSAPPLICMION NO: Distribution to;□ OWNERPERIOD TO; □ architect□ CONTRACiORARCHITECT'S □. PROIECT NO: 1124.04 □CONTRACT DATE;__________________________nent. as shown below, in connection with the Contract. Kument C703» is attached......................j 10^ Si-i .on [ORED TO DATE..................S _ ]9?.i215i.Qfl ) work S-lialZLiQ-------- :703) lerial S ------- ■— 1) + 5bor 19.221.50 C703)................................ 172.993.^ ETAINACE................................» —------------------- Total) K.Afn^.UO FiCATES FOR rom prior Certihcate)..............» a^frl .90 ............;..................! 172^993.so Z I_______________________________ County of; Dakota 1 before me this dayolOC-T APPLICATION AND CERTIFICATE FOR PAYMENT aia document G702 (Instructions on reverse side) pace one of pacesTO (OWNER): City of Orono1335 Brown Road South Crystal Day, MN 55323 PROJECT: Orono City Hall/Police and Public Works BuildingsFROM (CONTRACTOR): Steenberg-Watrud Const. VIA (ARCHITECT):10255 Inver Grove Trail Inver Grove lies., MN 55076CONTRACT FOR:APPLICATION NO: FivePERIOD TO; 10-31-92ARCHITECT'S PROJECT NO: 1124.04CONTRACT DATE:Drstribvtion to;□ OWNER□ ARaTlIECT□ CONTRACIOR□□CONTRACTOR'S APPLICATION FOR PAYMENTCHANCE ORDER SUMMARYChange Orders approved in previous months by OwnerTOTAL ADDITIONS DEDUaiONS • Number ”bate .Approved T2GI992 >r>n C^i2\P2nV TOTALS Net change by Change Orders Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, ij attached.1. ORIGINAL CONTRACT SUM......................................$ 342,500.002. Net change by Change Orders ..................................3. CONTRACT SUM TO DATE (Line 1 2)...................... 5 328,629.254. TOTAL COMPLETED & STORED TO DATE...................$ 313,415.00(Column C on G703)5. RETAINAGE: a. 10 % of Completed Work $ 31.342.00 (Column D + E on C703) b____% of Stored Material $-0- The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTO^:^ Ste^^erg-Wat^d Construction, Inc ,, . 10-23-92 (Column F on C703) Total Retainage (Line 5a + 5b or -j/o nn Total in Column I of G703)..................................S 31,342.00 6. TOTAL EARNED LESS RETAINAGE...............................$ 282.Q73.QQ (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate)..............$ 213,087.00 8. CURRENT PAYMENT DUE..........................................$ 9. BALANCE TO FI^SH, PLUSRnAINAGE.....................$ 4^,55,6.25 _____(Line 3 letfLine 6) ' ^ State of: Date: c\ /O Coui Subscribed Ikid^M^rn fcybefoi^'mjt tbfs Notary Public: My Commissiartexpires: ARCHITECT'S CERTIFICATE FOR PAYMENT In accorda.ice with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to tne i.aci iha Arz-hitori'c knnwIpHee. information and belief the Work has progressed as BARAJ.WATRUD .ary pubuc —^hiunesota DAKOTA COUNTY _ MyCommbalooE*pliMFcb. 10.1994 ........................... $____________________AMOUNT CERTIFIED................................................... (Attach explanation if amount certified differs from the amount applied lot ARCHITECT: Bv;Date: G702 (Instructions on reverse side) application NO; FivePERIOD TO: 10-31-92ARCHITECT'S PROJECT NO: 1124.04CONTRACT DATE:R^ct ONI or PACISDrstribution fo:□ OWNER□ ARCHITECT□ CONTRACTOR□□connection with the Contract. lA DocumenI G703,attached.kCT SUM................................... ) 342.5 00.00igeOrders.................................i 13.E .0.75)a DATE (Line 1 i2).....................t 328.629.25& STORED TO DATE..................$ 313.415.00C703)sit'd Work $ 31.342.00 on G703) Material $ ^ -0- 1703) t 5a + 5b or ilofC703)...................... i 31,342.00 I RETAINACE.............i 282.071.nn f 5 Total) mriCATES FOR 6 from prior Certificate).............$ 213,087.00 due ........................................... 68,986.00 T, PLUS;inAINAGl.................. J_4^,5i6.25 6) J. WATRUD )'#JTARY PUBLIC-JIWNESOrA $ DAKOTA COUNTY My Oonntotofr EipIrM Fd>. 10.1994 } mount cerf./Jed differs from the amount applied fo Dale: legotiable. The AMOUNT GERTIEItD is payable only to the in «u^ce, payment and acceptance of payment are without of^e Owner or Contractor under this Contract. /application and certificate for payment AIA document C702 (instructions on reverse side) paci onc or PACtsTO (OWNER):City of Orono 1335 Drown Road South Crystal Day, MN 55323 FROM (CONTRACTOR):/\/oTertis/CoAfST/tUCT/OA/ CONTRACT FOR:PROjECF:Orono City llall/Police and Public Works Duildings APPLICATION NO: 3 PERIOD TO;Distribution to:□ OWNER□ ARCillTECTV,A,MCM,UCn: ARCH,UC,S REg^WDoarman Kroos Pfister and Assoc. PROJECT NO: 1124.04 ^ □222 North Second Street nrT'»M iqqtMinneapolis, MN 55401 CONTRACT DATE: 'CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection Continuation Sheet, AIA Document G703, is attached. •CHANCE ORDER SUMMARYChange Orders approved in previous months by OwnerTOTAL ADDITIONS DEDUCTIONSApproved ihls MonthNumberDate Approved • TOTALS Ncl change by Change Orders Company1. ORIGINAL CONTRACT SUM......................................2. Net change by Change Orders......................................S3. CONTRACT SUM TO DATE (Line 1 ±2).........................S4. TOTAL COMPLETED & STORED TO DATE.....................$ O f <2 «(Column G on G703)5. RETAINACE:a. % of Completed Work S v — (Column D + E on G703) b. _% of Stored Material S------------------------------ (Column F on C703) Total Retainage (Line Sa + Sb or Total in Column I of G703)CO ^ 1 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application lor Paymcnl has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates lor Payment were ‘ issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR; ? DONNA J.MIREAUIJ NOTARY PUBUC-MINNESOn WASHINGTON COUNTY My Comm Expires 3-B-97 6. TOTAL L.LRNED LESS RETAINACE..................................S S'.f/ (Line 4 less Line 5 Total) " -• 7. LESS PREVIOUS CERTIFICATES FOR , PAYMENT (Line 6 from prior Certificate)...............S / 8. CURRENT PAYMENT DUE...............................................$------ 9. BALANCE TO FINISH, PLUS RETAINACE.......................$ //.3, (Line 3 less Line 6) ___________ By: ^ iNUisiiy ruuiii.; AjJl^rrLZXJ Jy ^ ■■ Date: ^ ^ .13^ *r^ My Commission expires: 3- 5 Stale of: PfU County of: Li3oJSiKv^a ‘Von_> sworn to before me this ^3 r l day of DCTi WlJm/rL Subsc ribed and sworn to before me this ^3r.di day of Dcfot>e.r SA AMOUNT CERTIFIED............................................................5 (Attach explanation if amount certified differs from the amount applied ford ARCHITECT: Doarman Kroos Pfister and Associates ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with Ihe ConIracI Dotumcnis, based on on-silc observations and the data comprising the above application, the Architect cerlilics to the Owner that to the best of the Architect ’s knowledge, infotmalion and belief ihc Work has progressed as gy; Indicated, the quality of Ihc Work Is in accordance with Ihc Coniraci Documcnis, and j|,|j cctlilicale Is not ncgoliabic. The AMOUNT CERTIFIED Is payable only lo Ihe ihc Coniraclor is cniillcd lo paymcnl of llic AMOUNT CERTIFIED. Coniraclor named herein. Issuance, payment and acceptance of payment arc wllhoul Dale: prejudice to any rights of ihe Owner or Contractor under this Coniraci AIA DOCUMtNT C7*I • AmiCAtlON AND aRIlflCAIt lOR rAVMlNI • KtAY 1983 tUlIION • AIA* • © 1981 Till AMimCAN INSIITUU Of ARCIiniOS. 171S NtW YORK AVlNUf. N.W., WASMINCION, D.C. 20006 • •*. M....*/. .u.i.A.M.l... ..lAt.f.. 11 rnnvrlnia Iaw^ ind ts Subicct to ICQsl prosecution. G702-1983 HACt ON( Of PACfSDisifibulion to:□ OWNER□ ARCHITECT□CT m2 ■7*=r arrow industries INC P O BOX 28010 CRYSTAL MN 55428 612/560-1190Sold CITY OF ORONO TO- C/O KRAUS ANDERSON MPLS. ’ 525 SOUTH 8TH STREETMINNEAPOLIS, MN 55404 Ship Via. Ship Date Due Date . Terms... 10/19/92 11/18/92 net 30 DAYS invoice *•X##**♦«**•»*»*♦Invoice Number; 339Invoice Date: 10/19/92?aqe: 1Shin ORONO CITY HALL To:* CITY OFFICESORONO, MINNESOTA PAY REQUEST # 1 Oust I.D. . .: XRA106 p.0. Number..: p.O. Date....: 10/19/92 Our Order No.: Salesperson..: BACH Item I.D./Desc INSULATION Ordered 1.00 Shipped Unit 1.00 Price 8840.0000 Net 8840.00 E CO C.P/. <-t)CONTRACT S *;‘840.00 J}/. J^7‘ ov ^99. .YLaVonj bcTofc>e.r .t9 PREVIOUSLY INVOICED THIS INVOICE 00.00) (S 8840.00) il applied fot.) ssociates s payable only lo tlie if paymeni are wiiboul s Contract. Cj>\- GMOO 0702*1983 Subtotal 3840.00 0.00 3840.00 ARROW INDUSTRIES INC P 0 BOX 23010 CRYSTAL MN 6542S 612/560-1190 * * * INVOICE * « « at************** Invoice Number: 340 Invoice Date: 10/19/92 Sold CITY OF ORONO To: C/C KRAUS ANDERSON MPLS. 525 SOUTH 8TH STREET MINNEAPOLIS, MN 55404 Page: 1 Ship ORONO CITY HALL To: POLICE STATION ORONO, MINNESOTA PAY REQUEST # 1 ShlTJ Via. : Shi? Dat.>: 10/19/92 Cue Date.: 11/18/92 Terms_ _: NET 30 DAYS Cust I.D ....: KRA106 P.0. Number..: P.O. Date....: 10/19/92 Our Order No.: Salesoerson..: BACH :tem I.D./Desc.Ordered 1.00 Shiooed Unit Price Net TX INSULATION 1.00 6400.0000 6400.00 E CONTRACT 6400.00 >REVIOUSLY INVOICED 00.00) :his invoice (S 6400.00) ?:ECEr/ED OCT 2 7 1992 Subtotal: Tax ...........: Total...: 640C.00 0.00 6 4 0 C • C 0 V .APPLICATION AND CERTIFICATE FOR PAYMENT ma oucumcntc?02 (Inslfuclions on tcvoisc sitic) rAC.i i)Nf oi^I'A(;ivlO (QWNLK):City of Orono 133b Brown Road South Crystal Bay, MN 5b323 FROM (CONIRACIOR): Vohnoutka Roofino & Sheet Metal Co ., Inc . CONFRACT FOR: Roofing & Sheet Metal I’ROlfCI:Orono City lUill/PolicG and Public Works Buildin9S APPLICATION NO: 2 I'CRIOD lO: 10/30/92 VIA (ARCIIIIFCI): ARCIIIUCrS Boarnmn Kroos Pflater and Assoc. PRORCTNO: 1124.04 222 North Second Street Minneapolis, MU 55401 CON1RACT UAIE: 5/11/92 Disltibulion lu:□ OV\ IR UlARCIIIUtT IJ CONIRACIOR□ (J CONTRACTOR'S APPLICATION FOR PAYMENT Applicalioti is made lor PaynuMil, as shown below, in connecliun wilh the Conliatl. Conlinualion Shed, AIA Uucuincnl G703, is atlached. *X CHANCE ORDER SUMMARY Change Orders approved in pieviuus monlirs by Owner TOTAL AUDI I IONS 2,512 1)1 DUCI IONS 9,487 ^ri|^onlh ^■*rfalc Approved (CT :: R 1 / -* )'J2 TOTALS 2,51’T"9,407 Wi;*f;^rby’*Ch.^rRC orders (6,975) _ I. ORIGINAL CONTRACT SUM.........................................S ■ 7. Nci change by Change Orders.....................................S —\ o.f " .^1 3. CONTRACT SUM TO DATE (Fine T ± 2).........................S _L4.9 tJJL? I. TOTAL COMPUTED & STORED TO DATE.....................S —t 25J (Culunin G on G7UJ) 5 RL ;NAGE: a. ^ Q % ol Compicled W iik $------9 ----------- (Column 1) + C on G703) b. _% of Slorcd Maleiial S----------------Q----------- me unocisigneu cuniiuciui iiiiii lu mi: <»■ in»- ^ ..........> inlormation and belief the Work covered by ihis Application lor IVymenI !>as been compicled in accordance wilh Ihc ConIracI Documenls, that all amoiinis have been p.iid by Ihc Coniraclotrfor Wc»rk lor which previous CrMlilicales lor Paymetrl were issued anri paymenU received horn the Owner, niul lhat tir'enl payineni shown herein is now due. (Column F on G701) Total Relainagc (Line 5a E Sb or ^ r'i a octa lolal in Column I ol C703).....................................S-------- (,. TOTAL EARNED LESS RETAiNAGE..................................% — (Line *1 less Line 5 Tolal) 7. LESS PREVIOUS CERTIflCATES FOR PAYMLNE (Line 6 hom prior Cctlilicalc)...............S — n. CURRENT PAYMENT DUE..............................................^ 24^ 326 •J BALANCE TO EINISII, PLUS RETAINAGE.......................S (Line 3 less Line 6)______________________________________ CONTRACTOR: Volmoutka Rooiing & Sheet Metal Co., Inc .October 1992 Stale of: County ol: yWCAAt/r-^ Subscribed and sworn lo before me lliis day ol (X-iJrl-fA. ,1'J 3.J- Nolary Public: QuOL/> My Commission expires: ~ -------iv rim.nt;n.-<-OTA AMOUNT ClRIlfllD............................................3^£>r'j'iAvg.2a.IKS </ ll.ich e*/)/.ina(ron if amount cvilificd differs . >y. . courirv 1 ■ y VI I III II^IVII ATLCHITECrS CERTIFICATE FOR PAYMENT In av"'' :,incc wilh Ihc Conlrat iments. based on oo site ohseix itioos and lire ilala comprising the above applic. ...i, the ArchitccI«eitihes to lire Owner dial to the best of lire Atchilccl's km,. ■ ,:dgc,itrformaUon and belief the Work lias ptogtesscil as py;--------------------------------- indicated, Ibe riualily of Ihc Work is in accordance willi Ibe l.nniraci Oocuincnis, ami n^jj (jcipijtaic Is nol ncgtriiablc. The AMOUNI CLKIIFIIU is payable only to lire ihc Coniraclof is cnlillcd lo pay.nenl of the AMOUNI CtRIII ICO. Conliactur named Itercin. Issuance, paytncnl and actcplanceof payment arc willmul ARCiiiHCl; Uoaiinan Kroos Pfistcr and Associates _________________Dale: prejudice lo any riglils of the Owner or Coniraclor under lliis ConIracI. AIA OOCUMCNI cm • ArmCAriOM Ar-O CIRIIIICAII IUK fAyMINI • MAY l•JllHl)mo^r • AlA- • nil AMiiai All iNsiinm «»r ARaiimas. uis mw vmix avinui, nw. wasiiiik.ion. ot rirtv.C702 I003 ■ • ..< legal iMotec'ii'.''' APPLICATION AND CERTIFICATE FOR PAYMENT ma document G7V2 (insirucuons o.i reverse side) /PA(.I ONI or / PAC.IS/TO (OWNfR): C/^y o "f (PrZoAJOrJ TlJ S,0>*-Y /V/l/ >'>3^3 FROM (CONTRACTOR):^^^^^^ S, 0*~ IM io O- ^ Ia -T-K f ______________ rROJtCI: Ctfy /ift LL 7a^c/pi<7fT^tc.Uj 0 S, OtZo,\JC /'Jrj APmCAIION NO: /PIRIODIO: fof%o/<JX CONIRACT FOR: VIA (ARCMIILCI): ARCMIUCT'S kr^oif |S/#4#aJ’RO)ICI NO: ;UA N _________/VA.5 ___________CONIRACT OAIF: fr//,/<f^ Distribution to:□ OWNIR□ ARCHIltCI LJ CONIRACIOR□□ CONTRACTOR'S APPLtCATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner T(ilAL OCT K1 Approved 199?. AtW.'ir - ■ lOIAlS ^fVr^fyh.Vil^e Orders ADDIIIONS DIUUCIIONS Af)plicalion is made for PaymenI, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. ^<fPO, oo 3 9 rt:. c? O / V7 -T. 0(D Ihc undcrsijjned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has l)Lvn completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor (or Work lor which previous Certilicates for Payment were issued and payments received from the Owner, and that current payment shown herein is itow due. CONIRACIOR: By: i ________D.ili’; 1. ORIGINAL CONTRACT SUM...........................................S 2. Ncl change by Change Orders.......................................$ J. CONIRACT SUM TO DATE (Line 1 ± 2)..........................$ 4. TOTAL COMPLETED & STORED TO DATE......................S (Column G on G7UJ) 5. RETAINAGE: a. -Z.Q. % ol Completed Work (Column D + E on G703) b. _% of Stored Material $___________________ (Column F on G70J) Total Retainage (Line 5a + 5b or Total in Column I ol G703).......................................i 6. I* FAL EARNED LESS RETAINAGE...................................S (Line 4 less Line 5 total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certiliratc)................S 8. CURRENT PAYMENT DUE.................................................S 9. BALANCE i J FINISH, PLUS RETAlNAGE........................$_______________________ ______(Line 3 less Line b)_____________________________ _____________________ State of. y/Y^ •y Subscr:bed and itwor^o befeie^rm »is o* () .19 Notary My Comr / -ro /•7 77.5 -g? /77 7.>~<3 a/ 4-—7^--.................4^.. /t^COTmisci^ AMi'ACOUIflY txpifM Rsi, IS, r y% ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on site observations and the data cr'mprising the above application, the Architect certifies to the Owner that to (he best Ol the Architect's knowledge, inf^ mation arul b(»lu*( tlu* Work has progressed as inclu ated, the ({uality of the Work is in accordaru e with the (Ontract Documents, and Iht* Contractor is entitled to payment of the AMOUNI CTKhllLD. AMOUbLPCtRTIFIED..............B.>ft/v^AftVvv^.vwvvvWlAAfAA^-^^^ ’y (Attach vxf)lanation if amount certified differs from the amount applied for.) AKCHIilCr: By:___________________________________________Date: ______________________ Ihis Certificate is not negotiable. The AMOUNI CIRIIMID is payable only to the ('oniractor named herein. Issuance, payment and acceptance of payment are withrmt prejudice to any rights of the Owner or Contractor under this Ccmtract. AIA OOCUMINI G7a2 • AmiC AIION AND U# MK All I ()K PAY MIN I • K\\Y ira I I Dll ION • AIA* • t 1 HU IMt AMIRIC:AN INSmUll of AROIIIK is .^ ;.v VORU AVINUI. NW. WASMIN(,I0N. OC; 2nr>»i6 G702-19t3 WAnHiUQ: UnNc#n»ed photocoeyinq vloliites U S copyright liwt ond Is tub|scl lo Isgsl prosecution. Application and Certificate for Payment (substitute for AIA Document G702) Project Name: CITY HALL/PUBLIC WORKS FAC Application No.: Application Date; Period To; La Force Job No.: 02 10/22/92 10/25/92 14151 TO; KRiXUS ANDERSON BLDG DIV. 2500 MINNEHAHA AV. MINNEAPOLIS, MN 55404 FROM; LA FORCE HARDWARE & MFG. CO. P.O. BOX 10068 GREFN BAY, WI 54307-0068 TRADE PAYMENT BREAKDOWN IS ATTACHED. 1. Original Contract Sum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,465.00 2. Net Change by Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .00 3. Contract Sum to Date (line 1 2) . . . . . . . . . . . . . . . . . . . . . . . $ 35,465.00 4. Total Completed & Stored to Date (column G) . . . . . . . . . . . . . . . $ 6,700.00 5. Retainage: a. lO.OOZ of completed work (column D + E) . . . . . $ 670.00 b. 10.002 of Material Stored (column F) . . . . . . . $ .00 Total Retainage (line 5a 4 5b; or total column I) . . . . . . . . . . . . $ 670.00 6. Total Earned Less Retainage (line 4-5 totals) . . . . . . . . . . . . . $ 6,030.00 7. Less Previous Certificates for Payment . . . . . . . . . . . . . . . . $ 4,246.20 (line 6 from prior certificates) 8. Current Payment Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,783.80 9. Balance to Finish, Plus Retaxnage . . . . . . . . . . . . . . . . . . . . . . $ 29,435.00 (line 3 less line 6) The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certifi^tes for Payment were issued and payments received from the Owner, and that current^Myment shown hertv Is now due. CONTRACTOR: LA FORCE HARDWARE & MFG. CO. .t : 10/22/92 State of: Wisconsin County of: Brown / / ^1^ j / ( / ^ Subscribed and swid^n to befgre me t^ . oJ^/Y/nl.____ day of ( X* /» 19 ^O/ Notary Public: //n^jyLf'TTr '7^. _____ My Commission expires: /i^9~9'S . ARCHITECT’S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, Based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, infotmation and belief the Vi’ork has progressed as indicated, the quality of the Work is in accordance vxth the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$_ _ _ _ _ _ _ _ _ _■ ARCHITECT;By:Date: This Certificate is not negotiable. The .\M0UNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. /APPLICATION AND CERTIFICATE FOR PAYMENT AIA document C702 (Itisuuclions on reverse side) ('ACit)Nrof 2TO (OWNER):City of Orono 1335 Drown Road South Crystal Day, MN 55323 PROJECT:Jrono City llall/Police and Public Works Duildings APPLICATION NO: 1 PERIOD TO: 10/31/92 CONTRACT FOR: VIA (ARCIinECI): ARCHITECT'S Doarman Kroos Pfistor and Assoc. PROJECT NO: 1124.04 222 North Second Street Minneapolis, MN 55401 CONTRACT DATE: 5/11/92 Dislribulion lo:□ OWNER □ ARCHIIECT □ CONIKACIOR□□ CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL additions deductions ’ l5ale Approved OCT 2 K rmt<;-/ ; 1992 jid^nton r f'tfio.iritctiou Company totals Ncl change by Change Orders Application is made (or PaymenI, as shown below, in connection willi the Coniracl. Continuation Shech AIA Document G703, is attaclied. 1. ORIGINAL CONTRACT SUM.........................................$ 99---------- 2. Net change by Change Orders.....................................$ 3. CONTRACT SUM TO DATE (Line 1 ± 2)........................$ 78,745.00 4. TOtAL COMPLETED & STORED TO DATE.....................$ 21,0^8...Q.Q (Column G on C703) 5. RFTAINACE: a. 3-Q % of Completed Work $ —2,106.80----- (Column D + E on G703) b. _% of Stored Material $ The tindorsigttcd Contractor ccrtilies that to the best o( the (lioniractor's knowledge, inlurmation and beliel the Work covered by this Application (o: Payment has bernr completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor Tor Work lor which previrrus Cerlilicatcs fur Payment were issued and payments received Irom the Owrrer, and that currein payment shown herein is ttow due. (Column F on C703) Total Relainage (Line 5a + 5b or loial In Column I ol C703).....................................I —2,10 6_^8£ 6. TOTAL EARNED LESS RETAINACE.................................S 18.961.-20L (Line 4 less Line 5 Total) , 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Ccriilicalc)S CONTRACTOR:Hoffer's,Inc. Uy:George Mims 8. CURRENT PAYMENT DUE...............................................$ 18,961^20---------- 9. BALANCE TO FINISH, PLUS REIAINAGE.......................S 59,783.80 ______(Line 3 less Line 6)__________■A>'.^,,AA.^.\v/vNWAAA/v\w\A/vvvv«/wr Stale Coimiyfi^^ 5.U,c,ibcdand>«,.n,0bcl,^„0iJ,is, ___10/2.1Z.92 Notary Public:^ My Commission expires:' ^ *9 n My Commiuion ExpirM Feb 23.1986 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance will* the Corrtracl Documents, based otr on site observations and the data comprising the above application, the Architect cerlilies lo the Owni*f that to the best ol ibe ArcbilecT's knowledge, inloimalion and belie! Ibe Work has logresscdas indicated, the quality ol the Work is in accoidance with the Contract Documents, and the Contractor is entitled to payment ol the AMOUNT CERIIFIED. AMOUNT ClRIlMtU (Attach explanation if amount certified differs from the amount applied for.) ARCHIIECT: Doarman Kroos Pfister and Associates By:Dale: Ibis Ccrlilicale is not ncP'-licL'". The AMOUNT CERTIFIED is payable only lo the Contractor named hert.n. Issuance, payment and acceptance ol payment are without prejudice to any riglils ol lire Owner or Contractor under this Coniracl. AIA Ot)CUAUNI C7M • AITIIC a IION AND LTKIlilcAtl lOH I'AYMtHI • MAY IM) tOlIKJN • AIA* • %> IWI tilt AAtmiCAN INSIIIUIl or AKt.lllllCIS. I7IS NIW ttJilK AVINUI. N W.. WASIUHr.lOH. O.C. 10006 G702-I983 • ••lo (OWNLR):APPLICATION AND CERTIFICATE FOR PAYMENT aia document G702 on rovorso m r^^.^ cni <» PMasCitv of orcio PROita: City M.U & h.bUc Works AprucMioNNO, 2 -1335 Brown Rd. S. Orono, Minn. PtRIOD 10. io/3l/<,2 nARCIimaCrysLal liay, Minn. 35J23 □conikaciouVIA (ARCMIItCI): t, a m,,i ARC mIu CT'S □32 5 S 8th St. RROIECNO: □MPLS, Mn. 55404 Bid Divisions //14 & 2 0 clrvwaU d KIFS. rROMlCONlRACIOR): Mj,i.cahy, Inc. CONTRACT I OR:CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT CHANCE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDIIIONS DtDUCIIONS 1. 'Mutrrbcr*'> .])ilc*^Approvcd OCT 2:1992 i ^ ^ ^ • TOTALS Y Change Orders Application is made for Payment, as shown below, in connection with the Contract Continuation Sheet, AIA Document C703, Is attached. 1. ORIGINAL CONTRACT SUM.........................................S 165,000.00-------- 2. Net change by Change Orders.....................................i ,T. CONTRACT SUM TO DATE (Line 1 ±2)........................S i99^Q7S 'Sln' -1. TOTAL COMPLETED & STORED TO DATE....................S 12Z,V/>.UU (Column C on C703) 5. RETAINAGE: a.___% of Completed Work S 12,29 7,. 0_0------- (Column D + E on G703) b.___% of Stored Material The unclersignecl Contractor ceriincs inai lo me uesi oi imp unim.iimt > rhwwipu,;v, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractorsfor Work for which previous Ccrtilicates for Paymciit were issued and fiayments received from the Owner, and that current payment shown rIliA (Column F on C703) Total Rctaiitage (Line .Sa t Sh or 19907 Total in Column I of G703).....................................S —- ^ ‘ (1. TOTAL EARNED LESS RETAINAGE..................................$ 110,678.00. (Lino 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES TOR PAYMENT (Line 6 from prior Certificate)...............$--------4,Q5Q.«_QO herein is now due. CONTRACIOR: Mitlcahy, Inc. 0. CURRENT PAYMENT DUE.........................................$ 106»62&».Q(I 9. BALANCE TO FINISH, PLUS RETAINAGE....................$ 54. .322 .00 ______(Line 3 less Line (>)__________ Stale of: Minn.m,.ni.nl.M'3gl’lngton D.«: Subscribed ai{5 sVvor: to before me this 21 sL Lw!itO)TA -------------- My Commission expires: mi WASHINGTON COUNTY AMOUNT CERTiriED...........................................................$------------- iA((ac/r cxpbnajon U amount certified differs from the amount applied for.) ARCmiECT: ARCHITECT'S CERTIFICATE FOR PAYMENT In .iccordancc with the Contract Documents, based on (m-sile observations and llte data comprising the above application, the Architect certifies lo the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as |jy. Indicated, thequalityof the Work is in accordancewilhlheConlractDotumenls,and ,|,j, Certificale is not negotiable. The AMOUNT CtRIlFIED Is payable only to the the Contractor is cnlillcd lo payment of the AMOUNI CIRIintD. Crmirar tor named herein. Issuance, payment and acceptance of payment are witlioul Dale: prejudice lo any rights of the Owrrcr or Contractor under tiris Contr.at t. AtA UOCIIMtNt 0701 • AmtC AtrON ANO ( IRUr t( AU ruR I’AIMI Nt • MU r'Xlt IDItlON • Al.\* ♦ • rtfli lUl AKttRUAN IN.MIIUII Of ARUrtIH IS. t7t', Ntw 30RX AVtNin. NW. WASrttNr,rUN. rM .r.'02-P»B1 TO 42 r W.L. HALL COMPANY 14800 Martin Drive EDEN PRAIRIE. MINNESOTA 55344 612-937-8400 City of Orono 1335 Brown Road South -- Crystal Bay, MN 55323 INVOICE INVOICE 9200 NO.009200 J INVOICE September 30, 1992 DATE SHIPPED Job No. 4059 City Hall 4 Public Works Bldg Orona, Ml XMOROCHNa 24728 QUANTITY TUP DC YOUR onoen no. Job No. 4059 SALESPERSON TERMS NET 30 DAYS SHIPPED VIA PREPAID ALLOWED DESCRIPTION PPO. OR COLL FURNISH AND INSTALL HUFCOR INC. SERIES 3900 AND 5550 TRACK AND ACCESSORIES. Minnesota 6.5% Sales I -,x Included PRICE AMOUNT :£r/ED 9 ^-92 if ^ 8CO, ffv K]rai:s-.‘Vr. :crx»n /WY" A $2,800.00 w«M31 Orgyr c, P.O Bov 2944. Hwtfortl CT 06104-2944 5 W?HiHr Group, tic. 1982 TO 1^42 r W.L. HALL COMPANY 14800 Martin Drive EDEN PRAIRIE. MINNESOTA 55344 612-937-8400 City of Orono 1335 Brown Road South Crystal Bay, MN 55323 ORIGINAL INVOICE INVOICE NO. INVOICE DATE SHIPPED TO j 009114 September 11, 1992 City Hall & Public Works Bui Orono, MN MOPDcn NO ^ 24728 VOUPOPOtflNO. Job No. 40: salesperson i9 TERMS NET 30 DAYS SHtfiPCO VIA PPO OP IfiQUANTITY .description 1 PRICE AMOUlNT "PART OF C0NTR.\CT" Px\YMENT AND PERFORM,\NCE BONDS $119.00 t APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMUNT C7U2 'Insinicrions on reverse side) PACtONiorS PACis10 (OWNER):City of Orono 1335 Drown Roa(3 South Crystal Bay, MN 55323 ( ROM (CONIRACTOR): AlLiec) Mechanical Systems 340 Michigan St., Hutchinson, MN 55350 CON (RAC hOR: Mechanical Work PROJECT:Orono City llall/Police and Public Works Buildings APPLICATION NO: 5 PERIOD TO: 10-31-92 VIA (ARCniTECI): ARCHITECT'S Boarman Kroos Pfister and Assoc. PROJECT NO: 1124.04 222 North Second Street Minneapolis. MN 55401 CONTRACT DATE: Dislribulion lo: s□ OWNER □ ARCHITECT □ CONTRACTOR □ .□ CONTRACTOR'S APPLICATION FOR PAYMENT I CHANCE ORDER SUMMARY Change Orders approved in previous monihs by Owner lOTAI. ADDITIONS 'Niitrilicr'Dale Approved OCTiJ’4 1992 ^ COVnpRUy TOTALS DEDUCTIONS Applicalion is made (or Payment, as shown below, in connection wilh the Contract. Continuation Sited, AlA Document G703, is attached. I ORIC.I aL CONTRACT SUM.........................................$ 390,000.00---------- 2. Net cliangc by Change Orders.....................................$-------(8 y08&^7JL). i^et change by Change Orders (8,0801) 3. CONTRACT SUM TO DATE (Line 1 ±2)........................$ 381.913.t22. 4. TOTAL COMPLETED & STORED TO DATE....................$ . 258»Q35..22. (Column C on C703) 5. KEIAINAGE: a. iO,- % o( Completed Work $ —»283.^1)0------- (Column D *!• E on C7U3) b. 10 - % of Stored Material S ,11,521 aOQ____ (Column F on C703) Total Relainage (Line 5a i 5b or Total in Column I ol C703)....................................$-------25 »8Q4 aQQ. TIte undersigned Contractor certifies that to the best of the tonlraclor's knowleoge, inforntation and belief the Work covered by this Applicalion for Payment has been completed in accordance with the Contraci DocurTtenls, lltat all amount* tiavc been paid by the Contrac(pr (or Work for which previous Certificates tor Payment were issued and payments received Irortt the Owner, and llial current payment shown herein is now due. CONTRACTOR: Allied Mechanical Systems of Hutchinson, Inc. G. TOTAL EARNED LESS RETAINACE.................................S 232.231.25 (line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate)...............$ —117 »476 1.29.. (J. CURRENT PAYMENT DUE..............................................$—114 »735 j1?.Q. y. BALANCE TO FINISH, PLUS RETAINACE......................$ 149.682.QQ (Line 3 less Line 6) ________________ D.„c: 10-22-92 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with llie Cotmaci Dociimcnls, based on on silc observations and (he data comprising ihc above applicalion, Ibe ArcIniccT ccMiIics lo the Owner that to the best ol Ibe Arcbilecl'S knowledge, informanon and belief ibe Work bas progressed as indicaled, ibe tiualily o( Ibe Work is in accordance wnb IbeConIract Documenis. and lire Conuatior is cnlilled lo payment o( Ibe AMOUNI CCRIIFIED. Stale o(: Ml|inesota ^ County of: McLeod Subscribed and^svJri/lu lX’lor(jf4*ic Ibis NOTARY PUBLIC • MINNESOTA V A. McLEOD COUNTY Ti.up.duiw ica. linr/ • AMOUNT CEKIITItU (Attach explanation il amount cvrlihcd dilfcrs frorr, the amount applied lor) ARCHITECT: Doarinan Kroos Pfister and Associates Notary Public: My CommissiJirexpires) 6-23-97 By;Dale; Ibis Ceriilicalc is not negotiable. Tbc AMOUNT CERTIFIED is payable only lo Ihc Coniracior named herein. Issuance, payment and acceptance of payment arc without prejudice lo any rigbls ol the Owner or Coniraclor under Ibis Contract. AIa UOCUMINT C702 • AITlirATION AND ClIITirK.AIt rC)« fAYMlNI • MAV lOttJ lUIMON • MA' • I’llll HU AMIHICAN irrsilluu Of ARriimCIS. OIS NIW VOKK AVINUI, NVV. WASIMNOrON, DC JIXKH.0702-1903 *.*'.n»l'MO: Unilr.n.td pholoropyino vlpl.lfi tl S C'pvflqlil l.w. i'\U I* .iibjecl lo l»Qil piOlfCur'n'’. 1612 94th Lane N.E. • Blaine, Minnesota 55434 • (612) 784-8902 • FAX 784-5787 To: KRAUS ANDERSON CDNSTRUCriON ATTN: JOHN DAVIES 525 SOUTH EIOllH STREET MINNEAPOLIS, MN 55404 CATE: 10-23-92 Invoice # 8483 Job # 11904/0285 Phone # 332-7281 For The Period From 10-01-92 To 11-01-92 Inclusive PARTIAL Request No. 3 RE:C»ONO CLTi HALL/FUBLIC VDRKS - CRYSTAL BAY, MINNESOTA Item Description No Contract Amt Completed to % date Previously oonpleted #1 Material,Including Taxes 18400.00 100%18400.00 12880.00 #2 Design litor & Exp.6100.00 100%6100.00 5490.00 #3 Fabrication Labor 3700.00 100%3700.00 2590.00 #4 Freight 220.00 100%220.00 152.00 #5 Instcillation Li.oor & Exp.16470.00 90%14820.00 6588.00 #6 Permits & Bonds 1200.00 100%1200.00 1200.00 #7 Subcontract & Purchases 500.00 100%500.00 450.00 #8 Total All Change Orders 6580.00 100%6580.00 0.00 840.00 0.00 0.00 0.00 Contract Totals : 53170.00 51520.00 30190.00 5520.00 610.00 1110.00 68.00 8232.00 0.00 50.00 5740.00 0.00 0.00 21330.00 CHANGE ORDERS #1 #2 #3 NEZZANINE EXPANSION M)DIFY HEADER INSTITUTIONAL HEADS CHANGE ORDER TOTALS 5645.00 840.00 95.00 6580.00 Original Contract Amount Additions To Date Revised Contract Amount Contract Suiimary 46590.00 6580.00 53170.00 ACCOUNT STATUS total completed TO DATE PREVIOUS BILLINGS PREVIOUS RETAINAGE 51520.00 30190.00 3019.00 THIS APPLICATION FDR PAYMENT LESS RETAINAGE net amount THIS PAYMENT 21330.00 2133.00 19197.00 TOTAL AMOUNT E7RNED TO DATE TOTAL AMOUNT RETAINED TO DATE 51520.00 TOTAL REMAINING TO EE BILLED net 30 DAYS PENALTY 1.5i @ 10% 5152.00 1650.00 PLEASE PAY EKCM THIS INVOICE till J TO (OWNER): City of Orono PROJECT: City Hall & Public Works APPLIQ\riON NO: Five Distribution to:1335 Brown Road South Garage - Orono, MN □ OWNERCrystal Bay, MN 55323 PERIOD TO: 10/31/92 □ ARCHITECT□ CONIRACIORFROM (CONTRACTOR): Gephart Electric Co..Inc.viA (ARCHIIECT): Boatman, Kroos,Pfister ARCHITECT'S □3600 LaBore Road & Associates PROIECr NO:□St. Paul, MN 55110 222 North Second StreetCONTRACT FOR: Electrical Minneapolis, MN 55401 CONTRACT DATE: TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 5, 1992 y c * 44? '*0. SUBJECT: Fuel Storage System for New City Facilities Background - The original analysis concerning the fuel storage system for the new city facilities resulted in a decision to install two 10,000 gallon underground fuel tanks. This decision was based on the following factors. 1. 2. Provide capacity sufficient for cooperative arrangements with other cities for use of the public works facility and/or services. Because the fuel tanks are a 20 to 30 year investment, the system was planned to be adequate to meet needs for 20 years into the future. 3. The tanks were sized to take advantage of potential savings related to large volume purchases. 4. The system was designed as an update to the existing fuel storage system. Based on concerns regarding potential future costs related to underground tanks and the cost effectiveness of the fuel storage system, the Council directed a re-analysis of the fuel storage system. The 10,000 gallon fuel tank order has been cancelled and additional alternatives have been reviewed. Fuel Storage System Alternatives - Staff has reviewed four fuel storage alternatives. They are as follows: 1. Two 10,000 gallon underground tanks. 2. Smaller capacity underground tanks. 3. Smaller capacity aboveground tanks. 4. Purchase of fuel from private service stations. The following is a summary of the major advantages and dis advantages of each alternative. 1. Two 10,000 gallon underground fuel tanks A. Advantages 1) Provides sufficient capacity to meet needs well into the future 2) Would enable the city to take advantage of potential savings related to large volume purchases r*rti40iAiiiar« r«i4r«i I M liM II •lA]#] liM lilMili B. Disadvantages 1) High initial cost 4, Use of private service station A. Advantages 1) Eliminates the cost of a fuel storage system 2) No need to meet current or future regulations concerning fuel storage systems B, Disadvantages 1) Orono is not well served by 24 hour service stations. The only one is in Spring Park. This could leave the city vulnerable in a late night emergency situation. Service stations are not relied upon or mandated to provide service during emergencies such as snow storms. Cities are responsible to provide service especially in emergency circumstances. 2) It is preferred practice that re-fueling be done at the end of the working day. The period between 4:00 p.m. and 4:30 p.m. is a time when we could be competing with commuters at the private service stations. The fuel storage sysjtem vendor. Pump and Meter Co. has not yet provided the cost information for the various alternatives. Based on past discussions, the initial costs of the smaller capacity above ground tanks should be somewhat similar to the costs of the large capacity below ground tanks. If this is the case, staff's recommendation would be to install the above ground tanks. The aboveground fuel storage alternative would provide the benefits of on-site fuel supply without the uncertainty concerning future costs of insurance or cleanups rela ted t o possible leakage from underground tanks. TO: FROM: DATE: SUBJECT: /iic:^ % John R. Gerhardson, Public Works Director n ^ /7a ^ /o November 6, 1992 ^/?s ^ Tree Removal - Alley Behind 1223 Brown Road South *^'Q / Ron Moorse, City Administrator On October 26, 1992 Mr. Curt Quady, 1223 Brown Road South, appeared before Council and complained t^rit a tree in an alley behind his residence was not remove. 1 in a timeVy manner and stated that a tree on North Ferndale had been removed witnin a few days of notification. The tree on North Ferndale was removed recently and was on road right- of-way. The City was first notified of this tree in 1991. I am hopeful that I will be able to meet with Mr. Quady during the week of November 9, 1992 to discuss other trees in the alley that may require trimming or removal. LIST OF LICENSES FOR COUNCIL APPH FOR MEETING OP November 9, 1992 % % K > Limited Trapping Permit -Michael A. Bosanko 2090 Shoreline Drive Traps checked by: Ted Weidenfeller and Dave Weidenfeller Home phone: 473-4352 Office phone: 938-4777 • .1.' ' - r u i 1. XV- A•LIMITED LEDHOLD T?L\P PERMIT iiTlf DATE; i 19£> Name: Annlication Number: MICHAEL A. BOSANKO S407 S. PENN AVE. BLOOAf/iVGTON. MN. 55431 _______« «>r\ 'juT 5 Address:___________________________ __________ Lo.;.3t.lon of Tranllno! e Pt;U/<S'fZsia ji<^ Number of Traps: y_____^Maintenance procedure for trapline: Period of time needed for permit: ^^0 Api^t( _ _ _ Purpose ( Include written statement of hardship) e^t<J Tlj i fZi<leiA^€.//ei I agree to furnish a certified property ov.mers list of property owners within 500 feet of trapping area. Property owners w'ill be notified of application. I agree to abide by all applicable Federal, State, and Local Laws including ordinance 232.ciTi OF am) __J/W,VC£ OFFICE 113400000 --------VTCEH CHECK 71 20. (kSignature of Applicant $20.00 tee paid: Date: RECOMIiENDED: Yes iFCEIPT-THMK YQilBEFEIP l^io^EW^COOl ROl 713 -------‘ 10/2319 Check Cash Initials y'. .‘^aTPEy Dia'ector APPRCVT^D:Yes No City Mdministrator w Certified list of property ov.ners within 500 feet of your trap'ine can be obtained from the Hennepin County Property & Description Of- ce, A-603 County Government Center, downtown Minneapolis, Pol Depart unieiil P.O. Box 86 Crystal Bay. MN 55323 445 Willow Drive Long Lake. MN 55356 m Stephen X. Sullivan Chief of Police Administration 473-7710 Non-Emergency 525-6210 Emergency 911 October 28, 1992 Dear Property Owner: Michael and Sally Bosanko, owners of the property at 2090 Shoreline Drive, Orono, are again req.. sting a limited leghold trapping permit to have a professional trapper trap beaver which have moved in on their shoreline and are doing extensive damage to trees in the area. If you have any objections or comments, please call 473~7710 by 4:30 p.m. on November 4, 1992. Cordially, Stephen X. Sullivan Chief of Police SS:sb e/rs - ?0<fO I klq_^ /1II I Serving North LJke Minnetonna Communities of Orono. Long Lake Minnetonka Beach and Spring Parn o # c- # M y H ' / 10/25/92 PR: 150CB PRREGOR EMP • NAME 471688060 474563339 476921819 471840871 475443862 476663143 472503991469526026 476643387 475989721 468821018 472529007 468701868 507585424 469686562 468420832469087884 474667812 475380151 477500666 475444249 477463877 472745694 388625358 471569863 473141624 477823810 477647279 475604753 504260307 472500574 121262417 480843542 476018974 477700023 334506281477028779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 P R ANDERSON, BRUCE L BOBZIEN, SUE A BORIS. SCOTT W BOSMA, JAMIE L BRINKHAUS, JOHN F CARLSON. STEPHEN C CHESWICK, GARY B CORNICK, JAMES L DELANEY. JANE E DEMBOUSKI, JAY C ENGLISH III. IRVING ERICKSON, KURT R FISCHENICH, DAN T FRITZLER, JOHN M QAFFRON, MICHAEL GERHARDSON, JOHN GOMAN. DAVID J GREGORY. JAMES D HALLIN, DOROTHY M HANSEN, STEVEN C HANSING. CAROL J HASEMAN. CAROLE HEUER. JOHN C JENSEN. RODNEY W JOHNSON, BRADLEY P JOSTROM. FOREST J KAHPMEYER, THOMAS R KARNITZ, RICKY 0 KENNEN, JANICE M KNUTSON, CHARLOTTE A KUEHN, THOMAS M MABUSTH, JEANNE A MCNICHOLS, DAVID L MILLS JR, WALTER H MOORSE, RONALD J MOROWCZYNSKI, JAMES NELSON, DAVID D OAS, DANIEL 0 OBERAIQNER. SCOTT Q OBRIEN, RANDY L OMAN, LYLE E PALMER. GREGORY A QUAST, WAYNE A RATHBUN, BARRY J SCHOENHOFF, JOHN B SKREEN, DALE S STEFFENHAGEN, RONALD SULLIVAN, STEPHEN X THOMTON, MARK R TOMCHECK. LAWRENCE F TOMCZYK, MARK W VANG, BRUCE L VEE. LINDA S WALTERS, LINDA G WECKMAN, STEPHEN J YTD DPT GROSS 31 36414.81 31 21988.55 31 5338.49 12 12867.39 42 34476.46 61 4768.75 31 37470.5331 39321.10 93 4013.69 31 31268.86 31 36825.87 31 33525.24 31 37959.01 31 36338.33 33 31519.12 42 43918.6835 3294.10 42 28614.72 12 27151.01 42 25201.19 31 12386.42 12 18698.27 61 6877.00 93 2900.00 31 34599.97 93 2433.41 93 590.00 31 3598.49 31 5286.84 K 15 21705.20 CURRENTGROSS 1888.92 987.52 236.90 560.66 1568.56 308.00 1680.961854.97 49.88 1332.15 1496.83 1526.40 1799.87 1646.96 1434.01 1885.69 84.67 1171.131235.27 1017.01 540.34 897.06 576.00 137.50 1497.84 78.75 90.00 170.66 227.52 987.52 15 46368.20 2109.61 33 39471.92 1795.84 31 19744.96 1340.82 93 2923.25 30.25 12 46844.80 2038.40 31 36511.14 1572.73 35 4328.40 247.78 93 1854.41 86.25 42 23386.30 948.89 92 25807.13 1054.34 33 31518.98 1434 01 42 23421.39 1151.84 92 30848.14 1329.75 92 25605.12 1370.63 31 6311.84 365.65 42 24868.68 1165.20 93 27152.22 1235.28 31 42769.29 2004.08 31 32726.15 1469.28 31 34006.51 1524.38 31 33297.43 1497.84 33 27150.97 1235.28 12 20717.59 982.04 15 24679.82 1145 28 33 23057.01 1088.00 11/30/92 PR: CM PRREGOR EMP 8 NAME ^ DPT 47/361665 BUTLER. MARY C 11 469188026 CALLAHAN, EDWARD J 11 18324677 GOETTEN, J.DIANN 11 473646272 JABBOUR. GABRIEL 11 469605135 PETERSON, BARBARA A 11 2658.37 2658.37 2658.37 2658.37 3300.00 241.67 241.67211.67 i.^‘1.67 300.00 1,266.68 59.193.00 COUNCIL CHECK REGISTER THU. NOV 5.1992, 9:30 PMCHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL26505<•>1992/11/09 $19.55$19.55*AT&T TELEPHONE 0175-4320 000047 OH 26506 <* > 1992/11/09 $114,755.00 $114,755.00* ALLIED MECHANICAL SYSTEMS PW BLDG-MEHANICAL 0484-4520 000080 OH 26507 <•> 1992/11/09 $768.25 $768.25* AMERICAN EXPRESS lACP CONF 0129-4356 000069 OH 26508 <•> 1992/11/09 $100.11 $100.11* APPLIED GRAPHICS INC PRINT ENVELOPES 0129-4322 60470 OH 26509 <•> 1992/11/09 1992/11/09 S/,956.00 $5,760.00 $13,716.00* ARROW INDUSTRIES INC mRROW INDUSTRIES INC CITY HALL INSULATION iOLICE BLDG INSULATION 0480-4520 0483-4520 339-340 339-340 OH OH 26510 <• > 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 $42.35 $26.16 $26.16 $26.16 $26.16 $26.16 $173.15* AT & T INFO SYSTEM AT 4 T INFO SYSTEM AT 4 T INFC SYSTEM AT 4 T INFO SYSTEM AT 4 T INFO SYSTEM AT 4 T INFO SYSTEM DATA PROC DATA PROCESSING DATA PROCESSING DATA PROCESSING DATA PROCESSING DATA PROCESSING 0129-4340 0069-4340 0249-4340 0129-4340 0059-4340 0174-4340 944358 946295 946295 946295 946295 946295 OH OH OH OH OH OH 26511 <•> 1992/11/09 $15.32 $15.32* AUGIES MOBILE CHEF SANDWICHES 0591-4802 50996 OH 26512 <• > 1992/11/09 $60.00 $60.00*BCA/TRAININQ 4 DEVELOPMcN CONF 0129-4356 TQ4382 OH 26513 <•> 1992/11/00 $25.09 $25.99* BLITZ ONE HR FOTO FILM 0120-4210 03378 OH 26514 <*> 1002/11/09 1992/11/09 1002/11/09 1992/11/09 1902/11/00 1992/11/09 1992/11/09 $4,062.89 ^285.78 $3,824.33 $27.50 $9,440.81 $522.27 $1,009.93 $19,782.51* BOARMAN 4 ASSOCIATES BOARMAN 4 ASSOCIATES BOARMAN 4 ASSOCIATES BOARMAN 4 ASSOCI.UES BOARMAN A ASSOCIATES BOARMAN 4 ASSOCIATES BOARMAN 4 ASSOCIATES CITY HALL PROF SERV CITY HALL EXP CITY HALL F-F-E CITY HALL F-F-E EXP PUB WORKS-PROF SERV PUB WORKS-EXP PUB WKS EQUIP 0480-4306 0480-4399 0480-4306 0480-4399 0484-4306 0484-4399 0484-4306 000073 000073 12386 12386 02387 92387 12389 OH OH OH OH OH OH OH 26515 <•> 1992/11/09 $819.60 $819.60* BRYAN ROCK PRODUCTS ROCK 0290-4231 000031 OH 26516 <•> 1992/11/09 $44.09 $44.09* CARLSON EQUIPMENT CO PARTS 0249-4232 238737 OH 26517 <•> 1992/11/09 1992/11/09 $24.97 $164.04 $189.81* CELLULARONE CELLULARONE TELEPHONE TELEPHONE 0249-4320 0129-4320 000042 000042 OH OH 26518 1992/11/09 1992/11/09 $57.35 $8,549.06 CITY OF LONG LAKE CITY OF LONG LAKE WATER WATER 0129-4324 0549-4359 000038 000038 OH OH page 1 ,x COUNCIL CHECK REGISTER THU. NOV 5. 1992, 9:30 PM page 2CHECK NO CHECK DATE <* >CHECK AMOUNT $8,606.42*VENDOR ACCOUNTDESCRIPTION NUMBERTRACTS A4D,R.L.S.1019 0249-4306 NOV INS 0039-4152NOV INS 0069-4152NOV INS 0129-4152NOV INS 0174-4152NOV INS 0249-4152NOV INS 9001-1298NOV INS 0549-4152NOV INS 0569-4152NOV INS 0590-4152NOV INS 0129-4152 TEST METERS 0549-4234 MILEAGE 0129-4381 CONFERENCE 0129-4356 PARTS 0249-4232 REPAIR 0569-4342 UNIFORMS 0129-4221 SUPPLIES 0129-4232 OCT FEE 0295-4392 POSTAGE 0249-4321POSTAGE0174-4321 BOND COUNSEL STUBBS BAY S 0408-4306 MEETING EXP 0129-4382 UNIFORMS 0249-4221UNIFORMS0590-4221UNIFORMS0569-4221 PONUMBER MANUAL26519 <•> 26520 26521 <• > 26522 <»> 26523 <*> 26524 <*> 26525 <»> 26526 <»> 26527 <* > 26528 <•> 26529 <*> 26330 <• > 26531 <• > 26532 1992/11/09 1992/11/091992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11,09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 $88.00$88.00* $16 $32 $59 $6 $20 $1 $2 $2 $0 $7 $150 .99 .05 .78 .99 .19 .95 .02 .63 .85 .00 .45* $106.50 $106.50* $24.75 $24.75* $248.91 $248.91* $536.52 $539.52* $607.64 $607.64* $95.85 $95.85* $301.95 $301.95* $5,265.00 $5,265.00* $15.00$11.25 $26.25* $2,435.90 $2,435.90* $24.09 $24.09* $268.95 $10.24 $30.34 COFFIN GRONBERQ COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL LIFE/GRP LIFE/QRP LIFE/GRP LIFE/QRP LIFE/QRP LIFE/QRP LIFE/QRP LIFE/QPP LIFE/GKP LIFE/QRP CONNELLY INDUSTRIAL CORNICK, JAMES CRAGUNS LODGE & CONF CEN CRYSTEEL DIST INC CUMMINS DIESEL SALES INC REPAIR CYS UNIFORMS DYNAMED E-Z RECYCLING EXPRESS MESSENGER EXPRESS MESSENGER 000032 000032 000032 000032 000032 000032 000032 000032 000032 000032 FAEGRE & BENSON FRITZLER J MARK Q A K SERVICES Q & K SERVICES G 4> K SERVICES OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL CHECK REGISTER THU. NOV 5. 1992. 9:30 PMCHECK NO CHECK DATE CHECK AMOUNT page 3VENDOR DESCRIPTION ACCOUNT26532 < * >1992/11/091982/11/09 $30.34$90.06$429.93*G 4 K SERVICES UNIFORMSRUGS 0549-42210129-4343 000049000049 OHOH26533 <•> 1992/11/09 $41.08 $41.08* GAFFRON. MIKE MILEAGE/PARKING 0174-4381 000035 OH 26534 <•> 1992/11/09 1992/11/09 $2,120.40 $20,028.60 $22,149.00* GEPHARDT ELECTRIC GEPHARDT ELECTRIC PUB WKS BLDG-ELECTRIC CITY HALL/POL-ELECTRIC 0484-4520 0480-4520 16059 16059 OH OH 2653S <• > 1992/11/09 $3,114.90 $3,114.90’-QRESSER INC PW BLDG-CONCRETE WORK 0484-4520 000074 OH 26536 <•> 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 $251.00 $1,014.52 $502.00 $.’30.76 $251.00 $2,149.28* GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC NOV INS NOV INS NOV INS NOV INS NOV INS 0115-4151 0129-4151 0249-4151 0174-4151 0590-4151 325941 325941 325941 325941 325941 OH * OH OH OH OH 26537 <•> 1992/11/C9 $2,521.58 $2,521.58*H & L MESABI PLOW BLADES 0249-4232 021424 OH 26538 <•> 1992/11/09 1992/11/09 1992/11/09 1992/11/09 $24.37 $5.57 $9.56 $12.50 $52.00* HALLIN/DOROTHY HALLIN/DOROTHY HALLIN/DOROTHY HALLIN/DOROTHY MILEAGE MRO EXP MILEAGE MTG EXP 0040-4381 0040-4382 0039-4381 0039-4382 000079 000079 000079 000079 OH OH OH OH 26539 <•> 1992/11/09 $920.59 $920.59*HENN CTY FIN DIV SEPT ROOM & BOARD 0080-4358 000857 OH 26540 <•> 1992/11/09 1992/11/09 $47.88 $71.89 $119.77* HENN CTY SHERIFF DPT HENN CTY SHERIFF DPT SEPT BOOKING FEE BELT LOOPS 0080-4358 0129-4221 000037 000036 OH OH 26541 <•> 1992/11/09 1992/11/09 1992/11/09 $5,976.90 $5,564.70 $7,419.60 $18,961.20* HOFFER’S INC MINNESOTA ^OFFER’S INC MINNESOTA I.OFFER'S INC MINNESOTA PUB WKS BLDG-GLASS POLICE BLDG GLASS CITY HALL-GLASS 0484-4520 0483-4520 0480-4520 190433 190433 190433 OH OH OH 26542 <»> 1992/11/09 $15.33 $15.33*INNOVATIVE MICROGRAP COPIES 9001-3500 11454 OH 26543 <• > 1992/11/09 1992/11/09 1992/11/09 $224.56 $68.10 $57.46 $350.12* INVERSTATE BATTERIES INTERSTATE BATTERIES INTERSTATE BATTERIES BATTERIES BATTERIES BATTERIES 0569-4232 0549-4341 0249-4341 104684 104684 104684 OH OH OH 26544 <•> 1992/11/09 1992/11/09 1992/11/09 $515.50 $337.50 $924.50 $1,777.50* JANSCO CAULKING JANSCO CAULKING JANSCO CAULKING CITY HALL CAULKING POLICE BLDG CAULKING PUB WKS BLDG CAULKING 0480-4520 0483- 4520 0484- 4520 102092 102092 102092 OH OH OH • V COUNCIL CHECK REGISTER THU. NOV 5. 1992, 9:30 PM page 4CHECK NO NECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PO NUMBER MANUAL 0480-4306 000075 OH 0480-4399 000075 OH 0069-4381 000070 OH 0174-4381 000070 OH0569-4381 000070 OH 0039-4381 000070 OH 0129-4342 160181 OH 0480-4520 14151-02 OH 0483-4520 14151-02 OH 0484-4520 14151-02 1 OH 0484-4371 308586 OH 04.'»8-4373 308586 OH0438-4371 308586 OH 0069-4352 099206 OH 0129-4352 099206 OH 0174-4352 099206 OH 0549-4352 099206 OH 0569-4352 099206 OH 0039-4355 099206 OH 0069-4355 099206 OH 0129-4355 099206 OH 0174-4355 099206 OH0549-4355 099206 OH 0569-4355 099206 OH0295-4210 099206 OH9001-3500 099206 OH 0129-4306 000039 CH 0249-4325 000067 OHC569-4344 000067 OH 0249-4232 157265 OH 0249-4232 28299 OH 0129-4341 000071 OH 26545 <*> 26546 26547 <• > 26548 <•> 26549 <•> 26550 26551 <•> 26552 <•> 26553 <•> 26554 < • > 26555 <» > 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 $7,443.00 $12,361.52 $19,804.52* $41.53 $3.15 $38.38 $6.73 $89.79* $75.00 $75.00* $249.90 $820.40 $713.50 $1,783.80* $84.00 $93.00 $120.00 $297.00* $854 $495 $260 $156 $364 $42 $718 $852 $421 $43 $237 $25 $25 $4,496 .39 .29 .03 .03 .04 .28 .80 .80 .58 .63 .41 .32 .31 .91* $384.00 $384.00* $17.45 $68.94 $86.39* $39.88 $39.88* $613.16 $613.16* $820.89 $820.89* KRAUS ANDERSON CONST KRAUS ANDERSON CONST KUEHN, THOMAS KUEHN, THOMAS KUEHN. THOMAS KUEHN. THOMAS KUSTOM SIGNALS INC LA FORCE HARDWARE/MFG CO LA FORCE HARDWARE/MFG CO LA FOR' • HARDWARE/MFG CO LMCIT-BERKLEY RISK LMCIT-BERKLEY RISK LMCIT-BERKLEY RISK LOG IS LOG IS LOG IS LOG IS LOG IS LOG IS LOG IS LOGIS LOG IS LOGIS LOGIS LOGIS LOGIS SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 CONSTR MGR-OCT REIM EXP SUPV-OCT MILEAGE OCTOBER MILEAGE OCTOBER MILEAGE OCTOBER MILEAGE OCTOBER REPAIR RADAR CITY HALL DOOR FRAMES POLICE DOOR FRAMES PUB WKS DOOR FRAMES INLAND MARINE-GENERATOR 6LDRS RISK-WATER TOWER LOGIS APPL SUPP SEP LOGIS APPL SUPP SEP LOGIS APPL SUPP SEP LOGIS APPL SUPP SEP LOGIS APPL SUPP SEP DATA PROC SEP DATA PROC SEP DATA PROC SEP DATA PROC SEP DATA PROC SEP DATA PROC SEP LABELS-BRUSH COLLECTION LABELS-J.E. HURR LONG LAKE FAMILY PRACTICE HEP B SHOTS LONG LAKE LONG LAKE LONG LK FORD TRACTOR MACQUEEN EQUIPMENT MARTINS NAVARRE 66 FLASHER LIFT STATION PARTS PARTS REPAIR COUNCIL CHECK REGISTER THU. NOV 5, 1992, 9:30 PM page 5CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL <•> 1992/11/091992/11/091992/11/G91992/11/091992/11/091992/11/09 1992/11/09 1992/11/09 $424.30$944.20$2,354.60$753.00$1,370.30$502.00 $239.04 $358.56 $6,946.00* MEDICA CHOICE MEOICA CHOICE MEDICA CHOICE MEOICA CHOICE MEDICA CHOICE MEDICA CHOICE MEOICA CHOICE MEOICA CHOICE NOV INS NOV INS NOV INS NOV INS NOV INS NOV INS NOV INS NOV INS 0174-41510039-41510129-41510249-41519001-1298 0069-4J51 0549-4151 0569-4151 41025524102552410255241025524102552 4102552 4102552 4102552 OHOHOHOHOH OH OH OH 26557 <*> 1992/11/09 $11.00 $11.00*METRO AREA MGMT ASSN MEETING 0039-4356 000040 OH 26558 <•> 199:/ll/09 $120.00 $120.00* MGCSA CONFERENCE 0590-4356 000045 OH 26559 <•> 1992/11/09 $2,750.JO $2,750.00* MIDSTATE RECLAMATION &TR REP BIRCH LN.SO AVE,FORES 0249-4331 000043 9 OH 28560 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/09 1992/11/08 1992/11/09 1992/11/09 $57.93 $22.95 $68.06 $9.78 $43.09 $13.89 $13.87 $13.87 $13.87 $13.87 $1.94 $32.55 MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST <•> 1992/11/09 $79.24 $385.01* MIDWEST BSNS PROD 26561 <•> 1992/11/09 1992/11/09 1992/11/09 1992/11/09 $306.60 $11.18 $35.21 $199.52 $642.51* MINNEQASCO MINNEGASCO MINNEGASCO MINNEGASCO 26562 <•> 1992/11/09 $24.98 $24.98* MN BENEFIT ASSN 26563 <*> 1992/11/09 $31.50 $31.50* MPLS OXYGEN CO 26564 <• > 1992/11/09 1992/11/09 1992/11/09 $42,840.00 $50,288.00 $13,500.00 $106,628.00* MULCAHY INC MULCAHY INC MULCAHY INC 26565 <•> 1992/11/09 % $19,197.00 $19,197.00* NATIONAL AUTOMATIC • >• OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES COPY PAPER 0129 003“ 01 9 00 <9 00 !9 00 .9 0'49 0059 0174 0129 0040 .29 9001 4-> « rt 4210 4210 4210 4210 4210 4210 4210 4210 4210 4210 4210 1261 373290 373442 373442 373442 000046 000046 000046 000046 000046 000040 000046 382474 382174 UTILITIES UTILITIES UTILITIES UTILITIES 0569-4324 000041 0549-4324 000041 0129-4324 000041 0099-4324 000041 NOV INS 0129-4152 000044 DEMURRAGE 0249-4232 340727 CITY HALL EIFS/DRYWALL 0480-4520 103192-02 POLICE BLDG EIFS/DRYWALL 0483-4520 103192-02 PUB WKS BLDG EIFS/DRYWALL 0484-4520 103192-02 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL CHECK REGISTER THU. NOV 5. 1992, 9:30 PM page 6CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION LSI9 PYMT 2 & FINAL ACCOUNT PONUMBER INVOICE NO NUMBER MANUAL OH<•> 1992/11/09 $44,027.50 $44,027.50* NEW MECH COMPANIES 26567 1992/11/09 $12,212.00 NORTHSlUE CONS INC <»> 1992/11/09 $8,935.00 $21,147.00« NORTHSIDE CONS INC 26568 1992/11/09 $166.88 NSP 1992/11/09 $7.03 NSP 1992/11/09 $11.54 NSP 1992/11/09 $10.34 NSP 1992/11/09 $255.14 NSP 1992/11/09 $7.03 NSP 1992/11/09 $81.05 NSP 1992/11/09 $203.85 NSP 1992/11/09 $617.89 NSP1992/11/09 $84.82 NSP 1992/11/09 $322.33 NSP1992/11/09 $“^. 14 NSP 1992/11/09 $1,456.30 NSP 1992/11/09 $19.74 NS« 1992/11/09 $57.22 NSP <*> 1992/11/09 $19.69 $3,323.99* NSP 26569 <*> 1992/11/09 $1,152.37 $1,152.37* NSP 26570 <•> 1992/11/09 $15.40 $15.40* OMAN/LYLE 26571 1992/11/09 $1,144.90 POPHAM HAIK & ASSOC1992/11/09 $1,198.0C POPHAM HAIK & ASSOC 1992/11/09 $1,997.50 POPHAM HAIK & ASSOC1992/11/09 $183.00 POPHAM HAIK & ASSOC1992/11/09 $251.20 POPHAM HAIK & ASSOC1992/11/09 $251.20 POPHAM HAIK & ASSOC <*> 1992/11/09 $158.50 $5,184.30* POPHAM HAIK 4 ASSOC 26572 <«> 1992/11/09 $164.77 $164.77*PRAIRIE OFFSET 26573 <• > 1992/11/09 $4,460.33 $4,460.33*PUBLIC EMPL RET ASSN 26574 <• > 1992/11/09 $861.81 $861.81* RAINBOW COMPUTER FORMS 26575 1992/11/09 $45.20 RFQ PET 4 SUPPLY CO <•>$45.20* 26576 1992/11/09 $11.91 RITZ CAMERA 1992/11/09 $13.28 RITZ CAMERA POLICE BLDG CARPENTRY CITY HALL CARPENTRY UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES U1ILITY UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES TELEPHONE UTILITY ST LIGHTS MILEAGE LEGAL RETAINER-SEPT LEGAL APPLIC-SEPT LEGAL-STUBBS BAY SWR LEGAL-LL ANNEXATION LEGAL-ORONO PLAZA EASEMEN LEGAL-ORONO PLAZA EASEMEN LEGAL CONSULT SEPT 0569-4531 000052 0483-4520 000076 0480-4520 000076 0249 0290 05690249 0129 0549 0569 0549 0569 0590 0099 0175 0549 0569 0549 0569 4324 4324 4324 4324 4324 4324 4324 4324 4324 4324 4324 4324 4324 4324 4320 4324 000054 000054 000054 000051 000051 000051 000051 000050 000055 000055 000055 000056 000056 000056 000066 000065 0249-4325 0000S3 0174-4381 000068 0080 0840 0408 0080 0436 0434 0080 4301 4303 4303 4303 4303 4303 4303 347333 347333 347333 347333 347333 347333 347333 PRINT DOG Lie RECEIPT BOO 0039-4322 9053 PERA 10/12-10/25 PRINT PERMIT FORMS DOG FOOD FILM DEVELOP FILM DEVELOP 9001-2031 000057 0174-4322 2873 0129-4244 35172M 0129-4210 3769277 0129-4210 3760010 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL CHECK REGISTER THU. NOV 5. 1992, 9:30 PM P«9* 7CHECK NO CHECK DATE CHECK AMOUNT VENDOR RITZ CAMERA DESCRIPTION ACCOUNTNUMBER POINVOICE NO NUMBERFILM DEVELOP 0129-4210 3760719 OHREFUND APP FEE 9001-3502 000059 OH OFFICF SUPPLIES 0129-4210 L563050 OHOFFICE SUPPLIES 0039-4210 L563050 OH BLDG CODE 0174-4240 000058 OH CITY HALL/POLICE BLDG CON 0480-4520 000077 OHPUB WKS BLDG VENEER 0484-4520 000077 1 OH TELEPHONE 0039-4320 000061 OHTELEPHONE0069-4320 000061 OHTELEPHONE0174-4320 000061 OHTELEPHONE0059-4320 000061 OKTELEPHONE0249-4320 000061 OHTELEPHONE0549-4320 000061 OHTELEPHONE0569-4320 000061 OHTELEPHONE0129-4320 000061 OHTELEPHONE0175-4320 000061 OHTELEPHONE0590-4320 000061 OHADVERTISING0590-4323 000061 OHTELEPHONE0175-4320 000060 OH PUB WKS BLDG ROOFING 0484-4520 103092 OHADMIN BLDG ROOFING 0482-4520 103092 OHCOUNCIL HALL ROOFING 0481-4520 103092 OH COUNCIL HALL FOLDING PART 0481-4520 000078 OH PARTS 0290-4231 396520 CHPARTS0290-4232 000063 OH MILEAGE 0174-4381 000064 OH UTILITY 0249-4324 000062 OH 26576<•>26577<■>1992/11/091992/11/09 $77.60$102.79*$130.00$130.00*ROBYN STEWART 26578 1992/11/09 $54.51 SCHWAAB INC <•> 1992/11/09 $42.76 $97.27* SCHWAAB INC 26579 <•> 1992/11/09 $16.81 $16.81*STATE OF MINNESOTA 26580 1992/11/09 $31,456.00 STEENBURQ-WATRUD INC <»> 1992/11/U9 $37,530.00 $68,986.00* STEENBURG-WATRUD INC 26581 1992/11/09 $88.88 US WEST COMMUN1992/11/09 $42.38 US WEST COMMUN1992/11/09 $84.74 US WEST COMMUN1992/11/09 $84.74 US WEST COMMUN1992/11/09 $84.74 US WEST COMMUN1992/11/09 $12.71 US WEST COMMUN1992/11/09 $29.66 US WEST COMMUN1992/11/09 $190.56 US WEST COMMUN 1992/11/09 $37.89 US WEST COMMUN1992/11/09 $112.04 US WEST COMMUN 1992/11/09 $134.90 US WEST COMMUN <•> 1892/11/09 $64.80 $968.04* US WEST COMMUN 26582 1992/11/09 $10,878.00 VOHNOUTKA ROOFING1992/11/09 $2,700.00 VOHNOUTKA ROOFING <•> 1992/11/09 $10,748.00 $24,326.00* VOHNOUTKA ROOFING 26583 <• > 1992/11/09 $2,627.10 $2,827.10*W. L. HALL COMPANY 28584 1992/11/09 $50.67 WATERPRO <*> 1992/11/09 $120.08 $170.75* WATERPRO 26585 <* > 1992/11/09 $25.03 $25.03* WECKMAN STEPHEN 26586 <• > 1992/11/09 $8.75 $8.75* $564,661.44* WRIGHT HENN ElECTRIC r I I MMm hf #1 ^sor\ I Cnir.’ClL MEETING NOV 9 1992 CITY OF ORONO November 5, 1992 VIA FAX Mayor and Council Members City of Orono Dear Mayor and Council Members: I am writing on behalf of the Save the Luce Line Committee and other Orono citizens concerned about the proposed routes for Hwy. 12 expansion, to encourage the Orono council to maintain a sizeable ($50,000 - $100,000) contingency reserve for work related to the Hwy. 12 expansion. The need for these funds will be to provide the Orono Council with the expertise to fully understand, monitor and evaluate the Environmental Impact Study wnlch will be done by MnDOT on tf j proposed routes. The Council should be knowledgeable about the methods used and the meaning of the results of the EIS, in order to challenge unfavorable developments and to lobby successfully with the powers that be for a judgement favorable to the Orono position. We cannot emphasize enough that funds expended during the EIS may save Orono tax dollars later if the EIS is unfavorable and Orono does not have a carefully prepared position from which to challenge the firidings. In summary, a well-informed position substantiated by technical expertise (such as hydrologists) is essential to maintaining a strong position of no new .'jad beds through Orono. We would be pleased to meet with the Council to discuss this further, to help in the process and to share strategies which we have developed. Sincerely, Douglas R. Coleman, Jr. Chair - Save the Luce Line Committee S • u:..-. LAKE MINNETONKA CONSERVATION DISTRICT Environment Committee AGENDA [NOV 8:00 am, Tuesday, November 10, Norvest Bank Bldg, Room 135 900 E. Wayzata Blvd., Wayzata 1992 1. Welcome and introductions, George Owen £or Committee Chair JoEllen Hurr 2. Presentation of 10/13 minutes for additions/corrections, or accept as mailed. 3. Continuation of Water Quality Objectives examination for implementation as addressed at the 10/13 meeting: a. Managing On-site septic systems -- Orono and Woodland reporting, Minnetrista to report at this time; b. Trash containers at public accesses LMCD staff report (attached) c. Water quality goal, under rf .'iew by MCWD and part of the Water Quality Monitoring program directed by Dick Osgood and Carolyn Dindorf —— no action or report at this time. d. Independent evaluation of Eurasian water milfoil harvesting program, report to be presented for discussion 11/10 by Consultant Bob Pierce; e. Reduce or tie up phosphorus in sediments to prevent use by aquatic vegetation -- a long-term on-going program to be addressed by MCWD; f. Wetlands survey update for Lake Minnetonka communities, per Carolyn Dindorf, Hennepin Conservation District; 4. Public hearing report on regulating unprotected polystyrene flotation material for use in docks and other water structures as heard 'y the LMCD board 10/28; 5. MCWD Board of Managers consideration of committee request for broadening the notification procedure for parties affected in the MCWD permit process; 6. Hwy 101 Draft Environmental Impact Statement for road upgrade and public access redevelopment -- Mike Panzer; 7. MCWD ad hoc committee formation to address use of unauthorized chemical treatment of aquatic plants by lake residents, progress report -- Panzer, Tom Maple; 8. Additional business recommended by the committee; Wayzata/Orono/Long Lake Sun •Sailor —Wed.. Oct. 28, 1992—ISA First part of Gleason Lake project to start this Wayzata residents and downtown businesses affect^ by flooding from Gleason I^ke still have a long wait before Uiey will experience any relief. Construction of a new dam designed to relieve flooding is set to begin this winter but W’on’t be completed for up to two years, said Ellen Klanderman, coordinator of the Minnehaha Creek Watershed District (MCWD). Phase I of the project includes a new uam wnere Gleason Lake flows into Gleason Creek, and constructing new holding ponds just south of tlie lake. The goal is to minimize the flooding problems experienced by residents in the Glenbrook neighborhood and downtown areas of Wayzata as the creek flows south into Lake Minnetonka. T^e creek itself is actually a series of ditches and pipes tiiat funnel water around houses and parking lots that have been built original creek. Between now and this winter, the MCWD plans to get the need ed easements to build the new holding ponds, said MCWD Manager Thomas LaBounty. Once the dam at Gleason Lake is completed, it will allow the lake to temporarily hold more water after a heavy rainfall. “That will slow (the flooding) down quite a bit,” I^Bounty said. The dam will not cause Uie normal water level of the lake to change, he said. “We’re regulating the discharge, not how much is stored there,” he said. In ad^tion, the new holding ponds will act as storage for ex cess water. They will also serve to help clean the water before it reaches Lake Minnetonka by allowing impurities to settle, he said. winter ft Also in Phase I, another holding pond will be built closer to Lake Minnetonka to collect Gleason Creek runoff from streets and parking lots in downtown Wayzata and to help cleanse the water of impurities, LaBounty s‘'’d. The MCWT) board of managers is currently working on the development of Phase II, which will focus on water com ing into Gleason Lake from the north, LaBounty said. The board agreed in August to pay $1.48 million of the $2.41 million Gleason Lake project. The city of Wa)rzata will pay the remai^g $930,000 through fees from its storm-water drainage utility. The city sought MCWD fun ding because the flooding pro blems are caused by runoff not only from Wayzata, but also from Minnetonka and Plymouth. ■t* • t »•••»..••« I 6A—Wayzata/Orono/Long Lako, Westonka Sun^Sailor—-Wad., Oct. 21, 1992 Lakewatch program training session held Oct. 10 Twenty-seven of Lake Min netonka ’s 40 bays had represen tatives at the Lake Minnetonka Lakewatch training session Oct. 10. The program uses volunteers to take weekly readings of Lake Minnetonka ’s bays for such things as water temperature and water quality to compile a water quality data base for the lake. Volunteers are still needed for 13 bays, mostly in the Lower L;»ke. Organizers expect volunteers to spend 20 minutes a week on the work. For more information on volunteering, contact the Lake Minnetonka Lakeshore Owners Association at 472-9876. Tlie Freshwater Foundation is compiling the daUi base, and the l.ake Minnetonka Conserv'ation District and Tonka Bay Marina are funding the start of tlie project. m A Ml ffil A V M '■ -V? > I. •. i.SP' Organizers of the Lakewatch program on Lake Minnetonka include, from left, Gabriel Jabbour, owner of Tonka Bay Marina: Dick Osgood of the Freshwater Foundation; JoEllen Hurr, envinmment director for the LMCI); Gene Sln>mmeti, executive director of the L.MCD; and Kathv l*>att and Don (iermanson of the LMLOA. ■ ift « r WKiii • rr t-h .k... . • ......a ■ ^n.. LAKE MINNETONKA CONSERVATION DISTRICT 11/3/92 TO: FROM: Environment Committee Executive Director Gene Strommen SUBJECT: Recommendation on Placement of Trash Containeis at Public Lake Accesses BACKGROUND. Trash containers at public lake accesses have been provided over the years by some cities, Hennepin County and Hennepin Parks, but not the MN DNR. The LMCD provided litter barrels in earlier years, but these have been discontinued since about the mid-eighties as being obsolete for purposes of emptying by mechanical means. A Management Plan objective recommends a program for placement and servicing of trash containers at winter and summer accesses. A preliminary review by the Environment Committee May 12, and again October 13 suggested a reconsideration of this objective. Public trash containers placed for boaters and lake users are being abused and becoming receptacles for household waste. Examples of this abuse were identified at both city and county accesses. CURRENT STATUS. Trash container service accesses for summer use, also open during provided as noted: Grays Bay Dam, Hennepin County 101 Causeway, Minnetonka Wayzata Bay, Wayzata North Arm, Hennepin County Spring Park, " " Minnetrista MN DNR Minnetrista Deephaven Williams St. Kings Point, Tuxedo Blvd. Carsons Bay, Mound Park, Mound at principal public the winter, is 2 CuYd dumpster 2 " " 55 gal. barrel 2 CuYd dumpster 2 " None None 55 gal. barrel 2 CuYd dumpster 55 gal. barrel 2. recycling container Winter accesses consist of additional "street ends for motorized vehicles. It is not known or expected that these locations have trash containers. TRASH CONTAINERS AT PUBLIC ACCESSES, 11/4/92, P. 2 FINDINGS. 1. The MN DNR operates on a policy of having no tra:jh containers at its public accesses throughout the state. It has determined from its experience that trash container servicing, with the attraction of household waste, became too costly to continue. The DNR experience of no trash containers over the past five years now shows that people do leave a public access taking their trash with them. Litter and trash problems are minimal, the accesses being monitored by DNR conservation officers. 2. Recycling has been suggested to accompany trash containers at public accesses. Experience finds many recyclable materials still ending up in the trash container. Scavengers are also known to empty recycle containers, diminishing the value of recycle collection which is dependent on salvage to help defray the cost. 3. Trash containers of the larger 2 cu.yd. size are attracting household waste. Large plastic bags loads, furniture, auto tires, batteries and the like have been observed by LMCD staff in and outside of access trash containers. Significant amounts of trash are therefore not coming from boaters and lake users. Litter around accesses has also been noted, ranging from cans to paper. RECOMMENDATIONS. 1. 2. 3. 4. 5. Survey cities and Hennepin County inviting information on their annual trash hauling costs from public accesses. Invite response from cities and Hennepin County on how they might view a one year trial period during whicli no trash containers would be placed at public accesses. In the event a trial period were acceptable to cities and Hennepin County, arrange for access signage tu* enlist cooperation of lake users taking trash with the'ii. Cities/county would monitor public cooperation on nt least a weekly basis to assure trash accumulations do not occur and litter is removed. Hennepin Parks is recognized as having a unique arrangement, its public lake accesses contaiii'^d wi. tliln a fully supervised park area. As a result it mny prefer to stay with its standard waste disposal system. Review the trial period results at tl>e close of th'-- boating season for a determination on the prospect of continuing tlie no-container program, or to re instate trash containers. LAKE MINNETONKA CONSERVATION DISTRICT Public Hearing: ProDOsed Ordinance Prohibitino the Use ot Non-encased Molded Polystyrene as a Dock Flotation Device. Meeting:7:00 PM.. Wednesday. October 28. 1992 Tonka Bay City H.*'I I 4 Members Present: Deephayen: James Day id Cochran, Clialr, (iroenwooH: E-<e('t Foster. Orathwol. Excelsior: Wm. Johnstone. M L ntie tonka: Mike Bloom, Minnetonka Beach: Scott Carlson, Minnetrista; Thomas Reese, Mound: JoEllen Hurr, Orono: Robert Rascop, Shorewood: lorn Penn, Tonka Bay: George Owen, Victoria: Duane Markus, Way^ata. Robert Slocum, Woodland. Also present: Rachel Ihibault, Aclmin- istratiye Technician: Eugene Strommen, Executiye Director. Chair Cochran conyened a Public Hearing at sider a proposed Ordinance prohibiting the use ■/;05 PM to con- of non-encas.ed. tccim as a dock flof'.a-molded polystyrene expandable bead plastic tion deyice. The Board receiyed a recommendation trom the Water Stnrc- tures Committee to adopt an Ordinance simi lar to the City of Orono’s Ordinance tUO-n whicfi prohibits the use ol nnn-fMica;'.ed •’styrofoam" as a dock flotation device. The LMCD staTf submitted a report including informat;ion as to wtiich mirltir'le d^jcks a.t e using non-encased plastic foam on the Lake. I hr?t e was informa tion as to the f raginenta t ion pr'oblerns at L.:iT.es i d<‘ Marina artd Minnetonka Boat Works-Brown’s Bay and Tatrager Lake. The report explained that there is a difference between "Styrotoam** brand extr-.uded plastic foam and the molded polystyrene expanded bead foam used at Liakeside Mariria and Minnetonka Boatworks. Exampl'^s of the two types of plastic foam were available. Accompanying the staff report were copies of the Orono Ordinance and a technical newsletter from Dow Chemical Co. r*e- porting on buoyancy tests of the two types of polystyrene foam. Jim Dunn, Lakeside Marina, said the December 31., 1994 date in the Orono Ordinance, before which the use of the r>ro<ltjct is to be phased out. is unfair. Tn his case, lie has iusf finished I n-' stall i ng tlie last f ing*?r' on liis f loatin<i docks. Lc?chr an nc't.ed this time frame has been discussed in the committee. Jim Rivers, Windward Marine, said Styrofoam is the only product approved by the State of Oregon and by the Corps of Engineers. It is the product lie uses and he has not had any problems with fragmentation. Bloom asked how lone the products last. Dunn responded that he is estimating 10 to 12 years for the plastic foam in his docks. The life span of the foam depends on tfie density, main tenance and management, Cochran suggested it might be appropriate, when developin«i the Ordinance, to use performance type language such as that we expect the mateiial to be fragmentation proof." Me sa:d there may be other types of flotatioti devices «;le'^eIoped in tlie tfJtnte. In response to a guestion from Penn, Ihib.iult sai^f thei e have been no problems at Windward Marine where the extruded Styrofoam" product IS used Public Hearing - Use of Non-encased Polystyrene October 28. 1992 All interested parties having l>e«Mi <-|iven an op|.»or tnni tv to be heard, the Public Hearing 'xias closed at. 7:lo I'M. I he W.d er Structures Committee will discuss the results of Uie Public Hearing at its meetinvi on November Id. FINDINGS: 1) A pul^lic heiaring was held to discuss wfieth<M tlu; LNCD should adopt an ordinance similar to Orono’s Ordinance which prohibits the use of non-encased "stvi'oloain" as a dock flotation device. 2) TIte City of Orono has been asked bv Dow Chemical, maniitac- turer of "Styrofoam" to revise its ordinance replacing tlie brand name "Styrofoam" because it is not use<l proffer Iv in tfie ordinance. 3) There are two basic types of polystyrene foam used for flotation in docks, extruded and molded. "Stvrofoam" is an extruded plastic foam wfiich has a closed cell structure. It has a very low absorption rate and does not fragment easily. Molded polystyrene is made from expandable beads which are expanded and f"uso;d together. Water can be al>sorbe<'l between the beads. The beads are subiect to fragmentation and deterioration. 4) There are three marinas on the Lake known to be usifig non- encased plastic foam as a flotation device. Iwo are using non-encased molded polystyrene expandable be.Mtl foaiti. I hose two marinas. Lakeside and Minnetonka Boat Works. Iiave expe rienced problems with the foam fragmenting. The third marina. Windward Marine, has used non-encased "Styrofoam" brand foam as a flotation device. Jim Rivars, owner of Windward, said he lias used "Styrofoam" tor vears with no problems . 5) Jim Dunn, Lakeside Marina, commented that the December 31,1994 phase out date in the Orono ordinance is unfair because he has .iust finished buildin<i his docks witli the ------i-.-i. advised the life expect.ui- t.o product they^ilow prohibiting, cy of It is floating docks is 10 advised i'/ yo.irs 6) It was suggested to use performance language ordinance ratfier than name specific products. in the LI ICO LAKE MINNETONKA CONSERVATION DISTRICT -Environment Committee Minutes 8:30 am, Tuesday, October 13, 1992 Norwest Bank Bldg. Conf. Rm. 135 Present:Committee Chair JoEllen Hurr, LMCD Board members George Owen, Tom Reese; John Barten, Hennepin Parks; Carolyn Dindorf, Hennepin Conservation District; Nick Duff City of Woodland; John Erdmann, Mike Panzer, Wenck Assoc/MCWD; Dick Osgood, Freshwater Foundation; Mike Gaffron, City of Orono; Bob Pierce, LMCD Consultant; Executive Director Gene Strommen MINUTES. The committee accepted the 9/15/92 minutes as mailed. WATER QUALITY MONITORING. The organizational meeting held 10/10/92 was reviewed by Hurr and Osgood. Twenty-five bays were represented at the introduction to the 1993 water quality monitoring program for Lake Minnetonka at Lord Fletchers. Hurr recognized the co-sponsorship of Tonka Bay Marina making the program possible with LMCD's half share in the S2,000 program. Technical expertise by the Freshwater Foundation is represented through Dick Osgood. The Lake Minnetonka Lakeshore Owners Association (LMLOA) is participating in the organization volunteers needed to monitor the 42 bays. Hurr sees this as a valuable opportunity for lakeshore owners to work in cooperatioft with the LMCD and Freshwater Foundation. The Minnehah;* treek Watershed District (MCWD) is willing to be a partner in this Lake Watch effort for data gathering. Panzer added, «rven though it is unable to contribute funds at this time. MCWD hopes to attract funds in the future. Osgood identified differences in how LMCD and LMLOA approach certain lake issues, such as in the case of Eurasian water milfoil (EWM) control, which this program may help each better understand the other, for example: • LMCD control of EWM is maintenance through harvesting, while looking for a long-term solution; • LMLOA seeks a fast response to eradicate, using herbicides as needed. It supports public access Inspections and restricted access if necessary. Osgood believes EWM control should be a program to make it tolerable. Total herbicide control for eradication Ic not realistic. He adds that the Lake Watch report from the data to be accumulated in this effort will be descriptive for Lake Minnetonka but not that useful for other lake's purposes. Environment Committee, Minutes, 10/13/92, P. 2 RE-EXAMINATION OF WATER QUALITY OBJECTIVES BASED UPON THE LMCD MANAGEMENT PLAN FOR LAKE MINNETONKA. A. SEPTIC SYSTEM MANAGEMENT. B. * Duff reviewed Woodland's history wherein it asked the Metropolitan Council for exemption from sanitary seweis as a result of the city's large lots. The request was granted. Woodland did share in the interceptor system costs should it reed to use it. He added that their septic systems in the Assembly Grounds area are monitored by contract with Metro West Inspections, with every home inspected ever other year. The city's power to insure compliance would be to refuse a household certificate of occupancy. All systems meet state mandated requirements of 75' back from the lakeshore or 25' from a non-riparian wetland. The Assembly grounds does have 42 families in 14 acres. A commons ground between these homes and the lake provides a substantial buffer zone Duff reports. * Erdmann volunteered the observation that the cities around Lake Minnetonka are "worlds ahead of other lakes in the state for septic system control. " * Gaffron reviewed Orono's experience. Of 32 miles of shoreline, 26 miles are sewered. Areas not sewered are low density two "to five acre lots. Bracket's point is one area unsewered. Some of the lake cabins on small lots, made into year-round residences are now sewered. A group of llA existing homes in the Stubbs Bay area are now being provided city sewer service. The $2 million cost is being paid by benefitting homes from 09,000 to 014,000 each, with 35*/. of the cost paid hy general taxes. A full-time inspector is now bringing systems into compliance with annual inspections at a homeowner cost of 050 per inspection. Big Island has six homestead residences. Outhouses are allowed where they meet ordinances. Deering Island has one unoccupied home. « It is believed Minnetrista has some homes in the shoreland area (1,000' from the lake) on septic systems, but a report was not available at this time. TRASH CONTAINERS. Placing trash containers at public boat accesses was reviewed. The DflR does not provide this service since it attracts unwanted liousehold waste. Examples of this happening at city and county sites were given. Hennepin Parks incorporates its trash program as part of the entire park operation. Twice-daily emptying is required during the summer, three times on holidays Environment Committee, Minutes, 10/13/92, P. 3 The committee reviewed LMCD's early "Save the Lake" campaign — "What you take to the lake, take it bade. Recycling is also encouraged at this time. The committee asked LMCD staff to draft a recommendation. C. WATER QUALITY GOAL. Osgooc commented that baseline data as identified by the Management Plan is not sufficient for lake management purposes. He also pointed out that the 50 ug/1 (micrograms per liter) is not useful for Lake Minnetonka as a whole. That measure would be good for Stubbs Bay, for example, but a poor for Cryst >1 Bay. Establishing benchmarks will take several years based on comprehensive data collection. There is not enough of the right data to determine the lake's present status according to that he and Dindorf have researched. Phosphorus, for example, only measures one water condition distinguishir,._; clear from green water. Other criteria must be included, such as aquatic plants, exotic species, metals in fish, status of the fish population. In another sen^e, whose goal is to be met? Some studies make presumptions as to what is the problem. Since the Management Plan recognizes many other factors of the lakes environment, its quality goals should be comprehensive. It may be appropriate to zone the lake for establishing quality goals, Osgood continued. Uses must also be taken into consideration in establishing water quality goals. Osgood and Dindorf will continue their water quality program development and keep thu committee advised. D. INDEPENDEN. EVALUATION OF EWM PROGRAM. Thi^^ report will be presented in November per the contract agreement. E. REDUCE OR TIP. JP PHOSPHORUS IN SEDIMENTS, MCWD AS LEAD AGENCY. The application of iron filings in Peavy Lake off Brown's Day was done without gathering pre-treatment vegetation and other needed data. Barten believes iron filings technically cannot work for this purpose. Tying up phosphorus is an expensive process. The MCWD has a five to ten year capital improvement prog*-am as pari, of the District's long range plan under which this ef.-^ort may be Included, Erdmann noted. F. Dindorf reported Orono has been mapped for wetlands. ADJOURNMENT. The meeting was adjourned at 9:55 am. RiifWec.OLc, Euge ExecutTlv*? Director 'e c t f u lly~^ y- ' t^R. Strommen Long Lake Volunteer Fire Dept. Long Lake, Minnesota 55356 October 21, 1992 - Officer Meeting 7:00 PM Present - Officers Perry, Brown, Shaughnessy, Cox, Becker, Loomis, & Madden. Long Lake Mayor Swartwood, Long Lake council person Sawyer CALENDAR 10-26-92 10-27-92 10- 31-92 11- 02-92 11-9-92 11-16-92 11-18-92 11-23-92 11- 30-92 12- 07-92 12-08-92 12-14-92 12-21-92 12-28-92 1-04-93 BUDGET Becker/Cox Loomis/ - Mon - Equipment check for winter Cox/Loomis, Test Hose Eng II Shaughnessy/Becker - Tues Possible home Orono High football game. - -Sat Possible home Orono High football game. - Mon - Regular meeting Mon Relief Assoc, meeting. Mon 1st responder - Shock Chapter 7, page 117, Hurst tool Loomis/Shaughnessy - Mon 1st responder - Shock Chapter 7, page 117 Shaughnessy Hurst tool - Becker/Cox - Wed - Officer meeting 7:00 PM Fire station. - Mon Ice Rescue all sqiads. - Mon 5th Monday at Browns. Brown/Madden in charge. - Mon - Regular meeting. Mon - Relief Assoc meeting. - Tues - United Fire Fighters meeting - Eden Prairie - Mon. 1st responder - lifting and moving patients. Chapter 18, page 337 - Loomis/Cox Mon. Equipment check Shaughnessy/Becker - Mon. 1st responder - lifting and moving patients Chapter 18, page 337. Shaughnessy/Becker. Mon. check ail pumps. Loomis/Cox. - Mon - TDA - Mon - Regular meeting. Discussed negotiation on next years budget with Orono. Mayor Swartwood said Long Lake is willing to start now. Butch Loomis said it was his understanding that the Orono administrator was also eager to start right away. Hopefully a meeting is being scheduled. Major Equipment Fund - Mayor Swartwood to see that we get an exact figure. We would like to upgrade our one tanker on a new chassis as scon as possible. Truck committee to set specs and get preliminary costs. OK medical officer to purchase Hazmat 1st responder book - cost approx. $30.00. OK medical officer to purchase 10 new edition 1st responder books to stay at station approx cost. $300.00. Talk of need to have either easier access to the cities copy machine or need to get one of our own. Copies we need to make for training, etc. is difficult for ls to do during city business hours as time is not con venient and also it can be disruptive to the city office. Mike Brown to check on cost for our own machine. gLD_BUSINESS Hepatitis "B" shot. It appears we may have been double billed for the administering of our 2nd shot. Shannon to check it out. Heart start approx. ^ of dept, still needs to be certified. Procedur*- is normally to wait until North is putting on another free course with a different dept that has just purchased one and to sit in on that class. We would rather not wait. Shannon to- check with instructor# Dan Schawbe to find out how much it would cost for him to come out. Hopefully we can schedule for a Monday night. Cost to purchase our own test module for Heart start is $600.00. Mike Brown to check .with Orono Lions to see what they would be willing to contribute. NEW BUSINESS New officers rank as follows: Chief*- Rick Perry Ass(-. Chief - Mike Brown Captain - Kelly Shaughnessy 1st Lt. - Jim Cox 2nd Lt. - Steve Becker 3rd. Lt - Buf’ch Loomis Medical officer - Shannon Madden Chief Perry will attent one Orono council meeting per month. It is our hope that they can place him on the agenda as close as possible to start of the meeting. This will accommodate the fact that Monday night is also our training night and his presence here is also of great importance. Secretary to post from May '92 officer meeting requirements with regard to pay while attending outside school^. Copies of newly revised job descriptions for all officers and fire fighters given to each officer for review. Following suggestions were made by Mayor Swartwood. That all wording with relatitasrtohip to gender be removed. It was noted that majority of wording was taken from 1992 NFPA standard and fire service evidently still considers he or his to include both genders. Point made that sooner or later this will probably change so we might as well change it now. Request that all members are given a new copy of job descriptions and sign a form stating they received them Other suggestion made was that medical officer's duties include keeping records and notifying f’ose members who are in need of updating their physicals. By laws committee to meet shortly to update and revise by laws. One of 3rd Lt, jobs is that of training officer* starting at the 1st of the year. Butch Loomis would like to implement a new training schedule. Training night would go on the following rotation - one squac medical - one squad - training. One squad upkeep and maintenance. One squad would have the night off. There are usually 32 to 34 training nights per year. We will still have a number of training nights where all members will need to be present# such as house burns# 1st responder refresher# CPR recertification and when outside instructor are brought in. This could be 4 to 12 Mondays a year. Therefore the 3 Mondays and one Monday off will probably work out to be between 5 and 8 rotations. In order for this to be successful# all members will have to be accountable for every meeting. If you have to miss one of your scheduled nights you need to make it up on one of your off nights. Also instructing of class will be delegated to every squad member sometime during the year. If you choose to instruct in pairs this means probably one class a rotation. If you solo probably pone class every other rotation. The training medical and your squad leader will assist in seeing that you get the material you need to in struct the class and also help in keeping order while you conduct the class. However the class will be yours to organize and teach. It is our hope to find classes that you will be comfortable teaching but at the same time to challenge all of us to learn more. We also are looking at this to be a more positivie learning experience as class size is small and participation should be greater. New training squads are as follows - Squad leader at top. Squad 1 Squad 2 1.Butch Loomis 1.Steve Becker 2.Mike Brown 2.Mike Ernhardt 3.Marv Wurzer 3.Tony Roe 4.Hank Hansen 4.Shannon Madden 5.Doris Breen 5.Sam Rettinger 6.Tom Aldrich 6.Tim Justice 7.Jack Peltier 7.Brad Roehl Squad 3 Squad 4 1.Kelly Shaughnessy 1.Jim Cox 2.Tim Schoen 2.Rick Perry 3.Don Laakkonen 3.Don Caspar 4.Marty Boss 4.Dan Reed 5.ROn Cloud 5.Duane Clew 6.Dan Tibbets 6.Chris Kelley 7.Steve Persian 7.Don Dahl 8.Mike Rogers • MEMBERSHIP Paul Swanson requested a one years leave of absence effective Oct. 5, 1992. Active members currently at 29. Brad Roehl has started 1st responder. Mike Rogers is finishing EMT course, should receive certification shortly through North. Doris Breen has completed EMT -ourse, should receive certification throug Hennepin county. R^s^c^u^lly^Tu^JTtted, Kelly Shaughnessy, Secretary V.-#ii ^ c • a -. m ARNE H. CARLSON Governor TO: S tate OF Minnesota ^ "'-Tir OFRCK OF THE GOVERNOR U., 130 STATE CAPITOL SAINT PAUL 55155 >'r> .] FR: DATE: OCT 2 9 AFFECTED STATE LEGISL.'\TORS, CLERKS. CITY AND COUNTY ADMINISTRATORS JOESEPH R. KINGMAN III, DIRECTOR OF APPOINTMENTS AND CONSTITUENT SERVICES OCTOBER 27. 1992 SUBJECT: NOTICE OF MEETING DATE FOR METROPOLITAN COUNCIL DISTRICI' #13 VACANCY In January 1993, the Metropolitan Council District #13 seat will become vacant due to the expiration of the current term. District 13 includes western Hennepin County from Eden Prairie to the Lake Minnetonka area and north to Rogers. The Metropolitan Council Nominating Committee must now conduct a public hearing to consider candidates for the seat. Governor Carlson has designated ttie following persons to serve on the nominating committee: Maureen Shaver (Ex-officio Chair), Wayzata Karen Anderson (Elected official), Minnetonka Carl Cummins III (Elected official), Mendota Heights Sally Evert (Elected official), Stillwater Rich Hadley, Oakdale Martha Head, Minneapolis Martin Kellogg, Saint Paul Ray Pleasant, Bloomington The nominating committee will hold the hearing for this vacancy on Thursday, November 19 at 6:30 p.m. in the St. I.x)uis Park City Hall Chambers, 5005 .Minnetonka Boulevard. Persons interested in the seat are requested to appear at the hearing. Each candidate will be allotted no longer than 5 minutes to make a presentation before the nominating committee, followed by no longer than a 10 minute question and answer period. If you have any questions oi need an application, please feel free to call Cheryl Talberg at 296-0077 or John Multcniist at 296-0013. AN LOL AL OPPORTI NITY LMPI.O^ ER o^ PRINTED ON RECYCLED PAPER Westonka Community Action Network Newsletter Neighbors Helping Neighbors Fall, 1992 WeCAN's October 26th Annual Meeting to feature "Community Building" WcCAN will hold its Annual Membership Meeting on Monday, October 26, from 7-9 p.m. at the Westonka Public Librarj', 2079 C'ommercc Boulevard in Mound. I'his year's gathering will feature a silent auction and a guest speaker, Tom Dewar. Tom Dewar will engage the participants with a discussion on "Building Community through the Exchange of People's Skills." Dewar grew up in Chicago and holds a doctorate in sociology and urban affairs from Northwestern University. He served 15 years on the faculty of the Humphrey Institute at the University of Minnesota He now is witli Rainbow Research, a nonprofit organization specializing in organizational and project effectiveness, evaluation and community building efforts. Tlie silent auctiiMi continues the Uicme of building a community through exchanges among people. Auction items include man>’ special goods and services donaiu! b\’ WeCAN board member, i>on:c of the items are DAK..' f-shiris h.nch with local celebrities, baked rioi'ds. .ui ice fishmg outing dried tlowxr arrangements, antiques a.id much more WeCAN members will <.i,so elect se\'cn members to the WcCAN Board of Directors Meeting participants will also hear reports on WeCAN achievements for the p.ist year. Free refreshments ;md desserts will be served. Tlie event is free and open to all who want to learn more about WeCAN and its services II if t WeCAN President Margaret Holste addresses a crowd of 50 people at last year's Annual Meeting, noting WeCAN's accomplishments and the range of services available to area residents. This year's Annual Meeting is set for Monday, October 26th at the Westonka Public Library. A silent auction and guest speaker on building a better community will be featured. The event is free and open to the public. What WeCAN is all about... WeCAN IS a community-based Serving the communities of; human service organization (jREF.NFIELDdedicated to enabling |.Kople with low incomes achieve greater sclf-R(K'KF0RD sufficicncN. WcCAN provides Lorffto emergency .assistance, mcals-on-M. u’t F Plus wheels, eommumt> planning for ISDIFFSDLSCK affordable housing, food and Oroso nutrition classes, and budget and Missetrist .a financial planning WeCAN also MissETOsm Beach o|)crates a time-share human Sprisg Park service center providing energy Tosea B n assistance, public assistance Mol'sd intake services and famil\ and St. Bo.mf .acivsindividual counseling A personal story How WeCAN enables Neighbors to Help Neighbors guidelinesJon and Susan Katz (not their real names) called the WeCAN onice last winter for help Jon had been laid otTby his contractor eniplo\cr I hs employer had not been pa> ing into the Unemployment Compensation Fund and so Jon's claim was in dispute Susan worked, but part-time at a minimum wage job, llicir tlircc school age children e.xeel in their classes. The family is buying their home and had used their sa\ ings and Susan's earnings to keep up wiili tlte $700 monthly mortgage pa\ ments, plus food and clotliing for the famiK But tliev had fallen behind in their utility bills Tliey owed $250 to Minncgasco and were faced with an imminent shut-otT of their heat. WeCAN helped the Katz family apply for Energy and Fuel Assistance, a program available at WeCAN's ofTces. But Susan's earnings plus Jon's past wages put the family $25 over tlic Encrg> Assistance income eligibility WcC'AN then stepped in and made the $250 payment to Minncgasco on behalf of the Katz family WeCAN stuictured this aid as a no-mterest loan and asked that the Katz's pay back the $25 at $ 10 per month for 25 months, once the family's situation impro\ed Last April Susan Katz sent WeCAN a check for $10, saying in her attached note, "Mere is our first pa\ inent on the loan \ou made to us Jon is back to work and I've gotten a raise! You helped us when we were desperate Now we want to help other families in crisis." Since tlien the Katz's have sent in $10 faithfullvm each month lliis is not an unusual stor>'. Since Januan.-, 1992, WeCAN has received over $700 in loan repayments from numbers of low- income families. WeCAN's revolving loan program for family emergencies is a good e.xample of how neighbors help neighbors in our conununity. Personality profile Active community member staffs Meals-On-Wheels program Marlis {Icines began working last \ ear as WeCAN's Adminstrative Assistant But she was not new to WeCAN activities Marlis was a volunteer driver for WeCAN’s Meals-On- Whccls program, dclwcring hot, nutritious meals and a warm smile each 'Miursda\ to homebound clderK • « in our community Marlis also voluntt'cnxl each 'fuesday at the WeCAN office inter\ lewing low- income applicants for emergency assistance Now Marlis coordinates WeCAN's Meals-On-Wheels program w ith the help of the program's founder Irene Jezorski. Since Marlis began working for WeCAN, the number of meals delivered has increased l7'’o. wc have several new volunteer drivers and *hc enicienev of the services has markedly improved WeCAN operations overall have unproved as well with the addition of Marlis to our staff OHen she will be the first person \ou talk -.sith when >ou call our office. She is friendly, understanding and most helpful. PYRAMID offers Parenting Group at WeCAN Office Pyramid Mental Health Center is offering "'Hie Parenting Group" to area residents at WeCAN's offic Flic group is designed for parents who want to Icam more about dealing with their school age children or adolescent's behavior Single parents, step parents and foster parents can all benefit from this program Group members Icam additional parenting skills through the support of and interaction w itli other parents. fTe participants develop problem solving skills. The group is a place to practice and refine parenting skills in an atmosphere of support The group is guided by a trained therapist. Brad Benson, who is a licensed social worker with a Master's degree in social work. Brad Benson IS a therapist with tlie Child and Adolescent Team at Pv ramid Mental Health Center and has been providing family and individual counseling at the WeCAN office since January , 1991. Topics addressed in the group include children's responsibility about homework and chores, power struggles between parents and children, discipline and the natural and logical consequences of one’s actions Other topics covered are improving communications and listening skills with vour child and building self-esteem To rcf>ister for the parenting f(roup or for more information, call lirad Benson or Mary Jerde at l\ramitl at 546-1866. Marlis lives witJi her husband Ciary, their two teenagers and their "Heinz 57" pet dog m Mound. They are members of Good Shepherd Lutlicran Church Marlis has numerous skills and hobbies, including candv-making ;uid cross- stitching Successful program a model for othar^ WeCAN's "Holiday Cooking on a Budget" begins Oct. 27 WcCAN is nov. taking registrations for an c.xciting fixxl and nutrition course "Holiday Cooking on a Budget" Participants from previous sessions remark how fun and heipfni it is to learn from tlie young parents and older adults how to stretch tJic family's food dollar while preparing delicious holiday foods. Classes this session include Halloween pumpkin foods, cooking game, vegetarian foods, entertaining on a budget, baking holiday gifts, preparing a traditional Tlianksgi\ ing dinner, nutritional use of left-overs and fun witli ethnic foods The class instructor Berit Gerhardson is a nutritionist from the U of M Extension Serv ice's Expanded Food and Nutrition Program. The WeCAN names *** Karen Walters *** Volunteer of the Year Last April WeCAN awarded appreciation certificates to over 100 volunteers who work in a variety of WcCAN programs WcCAN also presented the Maurice Trask 1992 Volunteer of the Year Award to Karen Walters In presenting the award, WeCAN Prcsiilcnt Margaret Holste noted that Karen, a mother of three young children, prov ided over 400 hours of volunteer services to WcCAN in the past year. WeCAN's Volunteer of the V’ear Award ts named after Maurice Trask, who was aivvavs concerned about the poor ;uid disadvantaged. After his death, his widow Lillian frask established the Maunce Trask Memorial tlirough Bethel United Methodist Church to honor her husband's memorv 1 he Trask ¥ Memorial makes regular contributions to WcCAN. WcCAN project is partiallv funded by a grant from the Medtronics Foundation. Medtronies was so pleased with WeCAN's results, the Foundation increased their last grant atnount so that the program could be duplicated in other communities. Participants attending at least six sessions receive a free grocery certificate and a free cookbook. Free child care and transportation is m.I . V available with advance notice. Space is limited so call WcCAN now at 472-0742 to register. These fun classes fill fast! The first class begins Tuesday , Oct. 27. WeCAN surpasses goal on McKnight Challenge Grant 'Hus y ear contributors can really leverage additional support for WeCAN Tlie McKnight Foundation will match local contributions made m 1992 to WeCAN with a 510,000 eiiallenge grant if WeCAN raises $20,000 from new sources by the end of September. WeCAN surpassed that goal by raising over $22,000 from new cc itributors Back in early 1990, the McKnight I'oundation helped WeCAN get started with a two-year grant. Since then. WeCAN’s rev cnucs hav e come from a variety of sources, including other private foundation grants, community development block grants, a Hennepin County contract, program reimbursement funds, fees for service, membership dues and community donations Local donations from churches, businesses, service groups and indiv iduals totaled $ IX, 1.^6 m WeCAN’s last fiscal year, which ended in May, 1992 Hus was a increase in donations over the prev lous year In our last fiscal year. 18 “o of WeCAN's rev enues came from liKal donations and membership dues Even tliough WeCAN has surpassed the goal set by the McKnight Foundation challenge grant, community donations to WcCAN are essential WeCAN began its new fiscal year in June and IS asking the community to show its support as our McKnight funding comes to an end soon Donations to WeCAN are lax- dcdiictiblc and help build a better community. A Febniary, 1992, report from the Minnesota Attorney General’s OtTice, Cliarities Division, shows WeC.\N spends 94 4% of its expenses on serv ices and programs for the persons it serves. In 1991 WcCAN served X26 households with a v ariety of services aimed at increasing tlie self- sufficiency of low-income families. WeCAN service statistics so far for 1992 indicate WcCAN will serve over 1.000 households in 1992 Tax deductible donations can be sent to h eC'AA’,' 5600 Lynwood Boulevard; Mound, MN 55364. AOMINSTRATIOfJ: Executive Director Administrative Assistant Kiki Sonnen Marlis Heines BOARD OF DIRECTORS: OFFICERS President Vice President Treasurer Secretary Margaret Holste School Social Worker Tom Gamble Local Businessman Len Harrell Mound Police Chief Marilyn Reger Mt Olive Social Action Craig Anderson MInnetrista & St. Boni Police Chief Mary DeVInney Westonka Food Shelf Coordinator Rosemary Fabrega-Snyder Community Volunteer Jeanne Getinas Westonka Public Librarian Phyllis Jessen Mound City Councilmember Steve Harpestad Community Volunteer Val Hessburg Westonka Intervention Project Coc^dinator Mary Hurley Westonka Adult Basic Educati jn Manager Irene JezorskI Meals-On-Wheels Coordinator Val Magnus Pennywise Clothing Coordinator Jerry Pletrowski Local Banker Richard Schleffer Local Attorr>ey Fr. Michael Tegeder Pastor. Our Lady of the Lake Church Barb Thomford Community Volunteer BobTomalKa Convnunity Volunteer Dale Woodbeck Local Businessman Newsletter production: MaryBracho Energy & Fuel Assistance now at WeCAN Low-income families slrug£,ling to meet winter heating bills may be eligible for energy or iiiel assistance. The West Hennepin Human Ser\'ices Planning Board with the help of WeCAN volunteers takes applications for this program every- Monday at the WeCAN office Last vear 282 households were helped, with over $90,000 in energy assistance issued. To schedule an appointment at WcCAN’s office in Mound, call 929-2474. Hennepin County Assistance available at WeCAN office Financial workers from the Ridgcdalc Social Service office come to WcCAN's Mound office every Tuesday to help individuals and families in need apply for public assistance, such.as^food stamps. I ; 1medical assist^q^iand Aid to nr T o Westonka Community Action Network fjtiOO Lynwood Boulev ard Mound. MN ''>5364 WeCAN's budget counseling praised WeCAN offers financial and budget counseling. This service provides individualized, confidential help in managing bills, getting more out of your available income, and learning how to prioritize your spending. fhe counseling is provided by professionals from the Minnesota Financial Counseling Service. This program is made possible by a grant from the Carolyn Foundation and local donations. Recently one participant said, "Budget counseling is remarkably helpful. I learned that even witJi very low income I *’ make good decisions about how 1 spend my money and make it stretch farther." To schedule a private, confidential appointment with the financial counselors, call tVeCAN at 472-0742. Families with Dependent Children. Last year over 150 households were served. Appointments can be made by calling the Ridgedale Social Service office at 541-6271. Non-Profit Org. US POSTAGE PAID Penrtt No. 131 Mound. MN Mr* Mark Bernhardson Orono City Administrator Box 66 Crystal Bay, MN 55323 Printed on Recycled Piper. As=v a A cfi? gt W A >5^ >5^ Annual Meeting Monday, Oct 26 • 7-9 p.m. Westonka Public Library«/ 2079 Commerce Blvd. • Mound, MN Tom Dewar, guest speaker: “Building Community thru the Exchange of People’s Skills” Silent Auction • B ird Eicctiuns • Report on VVeCAN's activities • Door prizes • FREE Desserts »SL Refreshments • Bring a canned good for (he hood Shelf Westonka Community Action Network 56(X) Lynwomi Bc'ulevard Mound Minnesota 553o4 (612)472-0742 Services provided by WcCAN Eniergcncy assistance •Community planning tor allordable housing ‘Co sponsorship ol the Westonka Food Shelf • Meals-on-Wheels • Energy Assistance ‘County’s public assistance intake • Pyramid Mental Health Center ‘REl.ATE Counseling Center • Fcxid Nuuntion Classes • Budget vt Financial Counseling Long Lake Volunteer Fire De|3 Long Lake, Minnesota 55356 p f " c'f. c - ■ I LI, [ C-CM._ _J rDiIi£uirrL^LL.ii OFFICER MEETING - Sept. 23, 1992 OCT 2 Z Present: Perry, Loomis, Brown, Shaughnessy, Becker, Cloud Absent Hadden - at class. CALENDAR Friday - Sat. Sun. Mon. 9-25-92 9-26-92 9-27-92 9-28-92 Mon.-10-05-92 - Friday -10-09-92 lat. -10-10-92 Mon. -10-12-92 Mon. - 10-12-92 - 10-14-92 - 10-19-92 Wed. Mon. Wed. - 10-21-92 Mon. - 10-26-92 Tues. - 10-27-92 Sat. - 10-31-92 Mon. - 11-02-92 Mon. - 11-09-92 Mon. - 11-16-92 Wed. - 11-18-92 Mon. - 11-23-92 Mon - 11-30-92 Mon. ^ 12-07-92 Budget Orono Football game - rescue to leave at 7:00 PM Oktober Fest - Eng 11 + Rescue II to Orono Schools Rescue II to Oron' Schools for Triatholon. ABC Vital signs Shaughnessy/Becker test hose Eng 12 Brown/Cloud 7:00 PM election of officers Annual meeting 8:00 PM Bonfire Orono Schools for Homecpming Orono Football game - rescue to leave at 6:30 PM Fire prevention/Kids Day/Annual Party - retired invited Fire prevention to Orono Elementary Regular meeting ** Relief assoc. Lake Region Mutual Aid at Excelsior ABC Vital signs Brown/Cloud Shaughnessy/Becker Test hose Eng 12 Officers meeting Equipment check, all equipment for winter Possible football game II II II Regular meeting 1st responder rescue Becker/Cloud TBA Brown/Shaughnessy 1st responder rescue Brown/Shaughnessy TBA Becker/Cloud Officers meeting TBA 5th Monday Regular meeting Request to update 1st responder books. THey are $30.00 each. We need to know from Med officer Madden exactly how many books we need, probably between 10 to 15. Need to get members + retired members address updated. Approved paying tor books only for Reed & Madden. Refresher* EMT course. Approved reimbursing Doris Breen for cost of books for EMT upon completion of course. We are to get requests before you begin class. Received bills for annual physicals - 23 took physical - Cost $989.00 21 were given shot $210.00. Cost of drugs Hepatitis "B" shot 22 - $645.83. Cost for shots f drugs - 2nd & 3rd series yet to be billed. Budget Review tabled until next month as we will know better where we stand with Orono and will be after our elections. Long Lake Volunteer Fire Dept. Long Lake, Minnesota 55356 old Business Those trained on me heart start are Perry, Loomis, Brown, Shaughnessy, Becker, Madden, Justice, Rogers, Hunsen, Dahl, Aldrich, Laakkonnen, Reed, Ernhart, Boss. Those who did not attend class - Breen, Cloud, Cox, Caspar, Clew, Kelley, Persian, Hettinger, Schoen, Swanson, Tibbets, & Wurzer. Not on list Roe. Need 1st responder first - Peltier, Roehl. New Business Work done by city crew for fire station. It is our understanding that next year $400 will go to the city crew truck maintenance, etc, another $1,800 will be earmarked for an «dministrator. . This is from what was an on line item as city crew. We have not received all the tar s back from Landmark fire. The cor,.- truction crew has them. Mik Brown to call construction company to have them returned. If not retu ed we will be billing for them. Membership Hike is helping Dan Schwebe at North Memorial with teaching 1st responder on Monday nights. This will then give us an idea of how comparable his Illinois EMT training is to Minnesota. Hopefully he can get Mn. designation. Dan Tibbets has gotten letter from doctor OKing him to respond to fire calls. Brad Roehl - has started fire fighter I. Jack Peltier was voted at Aug. meeting - will be signing up for 1st responder. V \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ROLL The Orono Planning Commission met on the abov •• date wit^ tl j following members present: Planning Commission Chair Charlie Kelley, Maureen Bellows, Charles Schroeder, Stephen Peterson, Ed Cohen, Candace Rowlette, and Jeff Johnson. The following represented the City Staff: Assistant Planning and Zoning AdminiStrator Michael Gaffron and City Recorder Teri Naab. Mayor Peterson, Ed Callahan and Gabriel Jabbour were present to represent the CouncII. Chair Kelley called the meeting to order at 7:00 p.m. (#1) #1762 PAUL W. dOYKE. 793 NORTH FERNDALE ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Paul Boyke was present. Gaffron explained that staff has not received septic testing for the lots and the applicant wishes to wait to submit such until after the meeting tonight. He referred to two additional letters 'eceived from neighbors, the Bergs and Higgins (Exhibit A). He explained the property is near Lydiard Lake. Previous subdivisions in the area have provided for land acquisition for a future cul- de-sac. Lot 1, with the existing house, has 2.12 acres of dry buildable land, and .25 acres wetland. Lot 2 has 2.57 acres dry and 1.36 acres wetland. The unique cenfigu*"'t i on proposed is due to the setback requirements, the need fcr 2 .-res of dry nuildable land, and the need for septic sites on the oroperty. Lot 1 has 165’ of lakeshore where 200’ is required, th?-efore a .ariance is needed, and Lot 2 has 340’ of lake‘^hore. Chair Kelley stated the subdivision is in a 2 acre zoning di'^rict and this proposal does not meet the standards of that distri. .. He stated he Is not in favor of the proposal. Peterson agreed with Chair hardcover for the driveway wi Kelley and added the additional II also be a factor. All the members agreed with Chair Kelley. Johnson asked to hear any public comments. J im and Debbie Higgins, 259 Ho I Iander Road, stated their opposition to the proposal, citing the preservation of wildlife in the area and privacy as reasons for ♦•‘leir opposition. I ji MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1762 - CONT. Chair Kelley reininded them that Boyke has enough acreage, but it is the need for variances that he is oppc*^;ng. Paul Bruer, 275 Hollander Road, said he is concerned with the proximity of tite proposed residence to the lake. Jim and Judith Hunder, 265 Hollander Road, agreed with their neighbors’ opposing remarks. Mrs. Hunder noted tho issue of the need for variances and felt the subdivision did not make sense. Boyke explained he first proposed '.nis subdivision prior to the new shoreland regulations, but was made to wait due to the moratorium. He noted the "point" area of the property is unbuildable due to current regulations. He is hoping to protect their views of the lake and also realize the .'ull value of his property. He stated they do not have a desire for a dock or pier out onto the lake. He indicated he would be willing to divide off a second lot without making it a lakeshore lot. He added, their intent is not to change the wildlife of the area. Johnson asked about the strip of property near the cul-de-sac, the ownership of which Is in question. Boyke explained that the City approved a metes and bounds division, but It was not recorded at the County correctly. He is in the process of trying to work that issue out. Chair Kelley felt that septic testing for the site may determine where the property hoiindaries should be placed. It was moved by Chair Kelley, seconded by Cohen, to table Application #1762 Paul W. Boyke, 793 North Ferndale Road, pending septic test information. Ayes 7, nays 0. (#2) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:42 - 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Austin Evans was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1764 - CONT. Gaffron explained that an outlet was established providing lakeshore access to the lots in this development. He noted staff recommends that only one of the two lots In this proposal gain access from the outlot to the lake. He reviewed the issue of flood fringe areas, and stated the Planning Commission needs to determine whether to treat this property as a flood fringe or wetland. Evans requested the application be tabled until he has discussed the ramifications with staff. It was moved by Cohen, seconded by Rowlette, to table Application #1764 Austin Evans, 255 Landmark Drive, to allow the applicant time to discuss the proposal with staff. Ayes 7, nays 0. John Thiesse, 3845 Bayside Road, stated he has no objection to the proposal, but asked that the deeded lake rights remain with the lot on the cul-de-sac. Rowlette asked that only one of the lots within the proposal be allowed lake access through the outlot. (#3) #1621 TERRY & JONELL JOHNSON, 1045 LINDEN LANE - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:15 - 7:40 P.M. Mr. and Mrs. Johnson were present. Gaffron explained this current proposal is being referred to as Plan "D". The application was first brought before the Planning Commission about 1 1/2 years ago. The plan includes a garage addition, a second story addition and deck, and a lakeside deck and covered porches. At the last Planning Commission meeting, the application was tabled to allow applicants time to revise their proposal in the 0—75’ setback area and to provide a drainage and grading plan, which has been submitted. Chair Kelley asked how far the residence down. will actually be taken Mr. Johnson explained the first floor of the residence will be elevated by 3 to 4 blocks, the roof will be removed and a second story will be added. He noted, they were informed by a contractor prior to purchasing the house that it has 12 block around t le perimeter of the foundation, adequate to support a second story addition. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1621 - CONT. Gaffron noted the run-off will continue to go around the house and onto the neighboring property, much as it does :iow. He stated he would like the City Engineer’s comments on this project, but felt li tn be a sensible drainage plan. Gaffron noted Plan D shows all the first floor decks as originally proposed. Mrs. Johnson said the decks shown are existing now. Mr. Johnson added they did remove the upper story decks from the plan per the directives of the Planning Commission. Chair Kelley felt this property is a prime example why the City enforces hardcover ordinances. He noted the entire property slopes to the lake. He commented the neighbor to the north has a tuck- under garage in order to minimize hardcover. Mr. Johnson said at the last meeting they were at, one reason for not approving the request was the lack of hardship. He folt the tenor of the group had changed. Schroeder asked if there was room on the property to move the water around. Bellows noted all water still goes to the lake. Rowlette stated that is because of the topography of the lot. "^he felt they were improving the property. Johnson said he was in favor of the proposal as long as the footprint of the house did not encroach further into the 0-75’ setback area. He felt the City Engineer must lock at the drainage plan proposed. Bellows felt the proposal was making the run-off situation worse. Mrs. Johnson asked Bellows if she felt they would not be able to improve the drainage situation on the proper'y. Bellows stated by adding the driveway, there was no way Improving the situation. Mrs. Johnson explained their plans are to have a gravel or cobblestone drive to the front of the house where it will be paved. She noted they have actually reduced hardcover by removing the garage, and hardcover only Increases slightly around the house. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1621 - CONT. Bellows said the numbers speak for themselves, and reminded her that the hardcover they are discussing is in different zones, thus impacting the lake differently. Mr. Johnson asked if run-off is less crucial when absorbed in one area opposed to another. Bellows stated by removing the garage, the applicants are helping the run-off situation somewhat, but are making the situation worse in the zone nearer the lake. Chair Kelley asked Gaffron at what point the City will stop the project if it is determined that the foundation cannot be re-used. Gaffron stated the City has feic it is critical to determine what will happen to the foundation, and halt work if the foundation is found to be inadequate. Chair Kelley asked if as long as the foundation remains. It is policy to allow the entire first floor to be removed. Gaffron explained at a point when staff is dealing with foundation issues, it will be brought back for Planning Commission’s review in relation to the location of the structure. Chair Kelley commented that he wanted the applicants to be aware of the City’s position. He added, if the foundation is found to be inadequate, the City may require that the entire structure be moved further back on the lot to meet all requirementj of the code. Bellows added, there is a point when It is not feasible to salvage a portion of an existing house. Schroeder asked about further removals in the 0-75’ zone. Cohen stated they have already removed hardcover in that zone. Johnson re-emphasized that the impact on the lake is due to the drainage not the additional hardcover. He felt the City Engineer should suggest ways to alleviate the drainage problem. Mr. Johnson said they were willing to work with the City Engineer. Mrs. Johnson noted the house is not liveable in its present state, and wished to proceed with the process. ZONING FILE #1621 - CONT. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 P Schroeder felt it was an acceptable improvement. Chair Kelley asked the slope of the driveway. Gaffron reported it is a 14% grade. He added there is an issue of average setback, but since the adjacent lot is vacant, staff can only estimate where a future house would be placed on the lot. It was moved by Johnson, seconded by Schroeder, to recommend approval of .^pp ication #1621 for Terry and Jonell Johnson, 1045 Linden Lane, Tor hardcover and setback variances for major remodeling of residence, conditioned on the remodeling not further encroaching the 0-75’ ^.one, and prior to Council review, the City Engineer to review the drainage plan and suggest ways to alleviate the drainage concerns. He noted the hardship is the existing features of the property. Ayes 4, nays 3. Chair KeI ley, Bel lows and Cohen voted nay. Motion carried. Chair Kelley asked if it is the applicants’ responsibility to provide the method for correcting issues of concern on the property. Gaffron said he wiI I ask the City Engineer to review the plan for comments but the Engineer will not be making any formal changes to the plan. That will be the responsibility of the applicants. (#4) #1755 LEONARD NISKA, 2304 SHADYWOOD ROAD - AFTER-THE-FACT CONDITIONAL USE PERMIT/VARIANCES - PUBLIC HEARING -7:50 - 8:08 P.M. The Affidavit of PubIication and Certificate of Mai Iing were noted. Leonard Niska was present for this application. Gaffron stated the proposal requires setback vari..-nces, and the property has an excess of hardcover 1 he original garage to the rear of the property encroached the right-of-way, but that has been removed. The applicant was advised to get a survey, which he did. Sometime after it was discovered that the shed was placed in its present location. The shed is in line with the front of the house, which does not meet the required setback from the street. Chair Kelley stated the shed could not be placed in house because that would create a sighting problem. front of the MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1755 - CONT. Rowlette said that it cannot be placed in the rear of the house because that uoes not leave an area to park. Bellows reviewed the requirement for a It’ separation setback, but felt that was not an issue here because che property has access from both Shadywood Road and Olive Avenue. It was moved by Cc en, seconded by Bellows, to recommend approval of Application #1755 for Leonard Niska, 2304 Shadywood Road, for after-the-fact conditional use permit and variances for a shed, conditioned on if a garage is proposed, it would have to be an attached garage, and it or any other structure to be built on the property would require the removal of the shed, and the appileant paying the required penalty fees. Ayes 7, nays 0. (#5) #1761 MARK A. HUNSLEY, 3464 EASTLAKE STREET - AFTER-THE-FACT VARIANCE - PUBLIC HEARING 8:08 - 8:13 P.M. The Affidavit of Pub Iicat ion and Certificate of Mai Iing were noted. Mark Hunsley was present for this application. Gaffron explained with the plat of Bayside Beach, an outlot was created to accommodate the gray water mound septic systems for the three adjacent lots. All three property owners technically own the outlot, but only one is listed as owner for tax purposes. The 12’x16’ shed is used by ail the neighbors for the storage of lawn equipment. The shed is set back 5.9’ from the street and encroaches in the 10’ drainage and utility easement. The Public Works Department has confirmed that this has not created a problem with the installation of sanitary sewer. There is a fence near the shed and a large willow tree around it so it is not visible from the street. He explained that the code does not designate setbacks for outlets, but if it were to meet the setbacks of the 2 acre zoning district, it would need to meet a 50’ setback which would place it in the middle of the outlot, thus becoming more obvious. Bel lows asked how they address the issue of having an accessory structure without a principal structure. Gaffron stated they would need to aoprove a variance for the shed. He added the outlot is under control of the three adjacent property owners, which may set this request apart from other requests for accessory buildngs without principal buildings. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1761 - CONT. Chair Kelley asked about the possibility of the other neighbors requesting to place a shed on the outlot. Bellows asked if it was possible to locate the shed on the applicants property. Hunsley stated the shed would create additional hardcover on his property and aesthetically would not be as pleasing. Bellows expressed concern about setting a negative precedent. Chair Kelley felt that if other neighbors come in with a request for a storage shed also, he would recommend only one shed in common ownershIp. It was moved by Bellows, seconded by Cohen, to recommend approval of AppIIcation #1761 for Mark A. Hunsley, 3464 Eastlake street, for an aftei—the-fact variance to place a shed on an adjacent outlot without a principal residence, with the condition that the applicant pay the penalty fees. Ayes 7, nays 0. Chair Kelley asked about moving the shed out of the drainage and utility easement. Bellows felt that was not necessary given the temporary nature of the structure. (#6) #1763 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - AFTER-THE-FACT CONDITIONAL USE PERMIT - PUBLIC HEARING 8:14 - 8:17 P.M. The Affidavit of Pub Iication and Certificate of Mailing were noted. Mark Gronberg were present for this the but app1ication perhaps due was to submit ted the fact pr i or that to the appiicat I on. commencement of work, applicant was unsure which city to gain approval from, the work was started without the necessary approvals. The project is proposed to make the driving range more safe. The City Engineer has commented that the 2:5% slopes are steep, but the golf course maintenance personnel have assured staff that they currently maintain slopes that steep. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1763 - CONT. Gaffron noted the Engineer has requested that the appiicant provide erosion control during construction, the utility lines be shown on the survey, and a silt fence be provid-^d to protect the culvert. Gaffron said he would like to see the city boundaries staked on site and the applicant provide a survey showing the city boundaries. He felt weather is a key factor, and the project should not be delayed until the survey is provided. Fredrickson noted the silt fence has already been provided, and they plan to staple the sod in place. It was moved by Rowlette, seconded by Peterson, to recommend approval of Application #1763 for Woodhill County Club, 200 Woodhill Road, for aftei—the-fact conditional use permit for land alterations, subject to the applicant paying the penalty fee, and provide the City with a survey showing the city boundaries prior to the end of the year. Ayes 6, nays 0. Chair Kelley abstained. (#6) #1765 JOHN E. MOORE, 801 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 8:13 - 8:29 P.M. The Affidavit of Publication and Certificate of Mailing were noted. James Credit was present for this application. Gaffron explained this is a request for hardcover and setback variances to construct additions to the existing residence. He asked Credit if there was additional hardcover in the 0-75’ zone that could be removed. Credit stated there is a sidewalk from the deck to the back door, but the area is very steep and this is the only means for outside access. The other hardcover 'n the zone is sidewalks to the lake. Chair Kelley noted those sidewalks are in a state of disrepair. Bellows cautioned that as sidewalks are repaired or replaced, they must noc grow in size. Cradit noted this project is the minimum amount the owner wished to do to the property. Chair Kelley asked what was proposed for behind the garage. I MINUTES OF THE ORONO PL^MNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1765 - CONT. Cradit explained there will be additional storage there, with a family room addition over the garage. He added the kitchen has been moved to the bacr. of the house. Gaffron asked if there was a second kitchen in the house. Cradit confirmed there is not. It was moved by Peterson, seconded by Johnson, to recommend approval of AppIication #1755 for John E. Moore, 801 Tonkawa Road, for variances to construct additions to the existing residence, based on hardships stated by applicant. Ayes 6, nays 1. Cohen voted nay. Motion carried. (#8) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. (#9) REPORT BY THE LAKE USE COMMITTEE REPRESLhTATIVE Schroedei reported the Lake Use Committee is working on marina licensing. He added they are trying to make sense of the process and still be In concert with the LMCD. Chair Kelley stated at the next meeting they would review the parking issue for marinas. Schroeder stated other Issues they have reviewed are boat clubs and charter boats. (#10) OTHER ISSUES Gabriel Jabbour reported that the Maxwell Bay access is still going forward, and the DNR is expected to submit a plan to the City on September 28th. (#11) APPROVAL OF MINUTES It was moved by Bellows, seconded by Rowlette, to approve the minutes of the August 17, 1992 Planning Commission meeting. Ayes 5, nays 0. Johnson and Cohen abstained. (#12) REPRESENTATIVE TO THE COUNCIL MEETING Johnson volunteered to attend the October 12, 1992 meeting. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ADJOURNMENT Chair Kelley adjourned the regular Planning Commission meeting at 8:37 p.m. Charlie Kelley, Chair Person • t MINUTES OF THE ORCNO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley, Maureen Bellows, Cnarles Schroeder, Stephen Peterson, Ed Cohen, Candace Rowlette, and Jeff Johnson. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, and City Recorder Teri Naab. J. Diann Goetten was present to represent the Counci I. Ed Callahan and Gabriel Jabbour were also present. Chair Kelley called the meeting to order at 7:00 p.m. (#1) #1771 JAMES & SARAH JANE MARKOE, 340/350 NORTH ARM LANE - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:25 P.M. The AffIdavit of Pub Iicat ion and Certificate of Mailing were noted. Mike Steadman and Don Peterson appIicants. were present to represent the Mabusth explained previous owners, received conceptual approval of the Council for a lot line rearrangement two years ago, but never proceeded with the application. The Markoes had purchased the property with the Intent to build one hou::e on the two lots. However, the Markoes have been transferred out of State. She reminded the Commission that this property received extensive amounts of spoils from the dredging of the channel area. The major impact was received by Lot 1, and because of the steeper elevations to the west, it placed severe limitations on : e Installation of a mound system on this property. As the septic bite is configured, the lot could only maintain a two bedroom house. The lot line rearrangement would prrv.de for a four bedroom house on Lot i. Sne n. ted the appI I cat ion > -s originally to be done through a metes and bounds, but the City Is currently requesting a plat which will allow the dedication of drainage easements, the dedication of easements over the ciiannel ar'*a and wetiand. The lots are 4+ acres In area in a ? «cre district 'he stated the majcr issue is that they cannot grant 17’ for *iddi*.ional right-of-way and maintain the area needed to support a 4 bedroom house. She noted at 8 1/2’ , the applicants would still be able to meet the 10’ setback to the toe of the septic system from the right-of-way. She stated the variance required is for lot width, approximately 74’ for Lot 2. Johnson asked about the 33’ right-of-way. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1771 - CONT. Mabusth explained the 33’ of right-of-way was created by the original owner when the entire property was all one parcel. The right-of-way is owned by the resident to the north, but maintained by the City. Don Peterson stated with the original subdivision appIication, it was their attorney’s opinion at the time, that If the City maintains a private road for a certain number of years, that roadway becomes public. Cohen clarified the required lot width is 200’ and they are requesting 74’ width. Chair Kelley stated this is only for the first 100’ of the property. Mabusth noted with the original North Arm Estates subdivision, the City approved a lot width variance, as each lot exist-^ now at 176 . Rowlette asked the right-of-way issue to be clarifie Mabusth said if the applicants are required to dedicate 17 of right-of-way, they would not have enough area for the septic system. The 17’ of additional right-of-way would allow the City to bring the road into conformance with current standards. The City can still maintain the street at a 33’ width, but the additional right-of-way would be needed if the road is upgraded as a requirement if the properties to the north and west are subdivided. Rowlette felt their decision could affect future plans for the property to the north with respect to development. Mabusth said the neighbors to the north are aware of the proposal. Rowlette indicated the property has the area for a septic system and still grant the entire right-of-way, the house would just have to be smaI Ier in size. Bel lows reminded them ‘hoy cannot make a decision based on economic gain. She stated they fun/e been working hard to obtain a rational street system. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1771 - CONT. It was moved by Bellows, seconded by Cohen, to recommend denial of Application #1771 for James and Sarah Jane Markoe, 340/350 North Arm Lane, for preliminary subdivision approval based on it setting a negative precedent If approval is granted. Schroeder asked if they could not maintain a rational street system in the area by requiring additional right-of-way from property to the west from Mr. Olson. Johnson felt there are already two individual lots of approximately 4 acres. He felt if the City’s goal is to obtain a 50’ right-of- way, they could gain the aodltional 8 1/2’ from Olson. Mabusth stated the Council came to the sp-ne resolve, that being If there was not a subdivision the City would gain no additional right-of-way. Bellows felt this proposal Is gerrymandering. She reiterated they are not denying a use of the land. Don Peterson noted they have 2 platted lots, one of which Is buildable. He understood from Mr. Schirmers if the mound system could not be built as proposed, the lot is unbuildable. He stated the 8 1/2’ option Is viable. Weckman confirmed If tne septic system is moved 10’ over., Iocat iori may be unacceptable as there are stee.'?cr slopes In that ar-ea. Mabusth stated septic testing on file with the City confirms the site could support a septic system for a 2 bedroom home. Don Peterson said that is a 2 bedroom home, with 1 bath an'' a laundry, which is not economically acceptable on Lake Minnetonka. Chair Kelley indicated his concern with squeezing the septic system on a lot and felt that may lead to future problems. Vote: Ayes 6, nays 1. Johnson voted nay. Mabusth asked if this is considered a lakeshore lot, and if so, the new shoreland regulations may require the lot width to be measured at the lakeshore. She noted she would bring this to the Council’s at tent ion. 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 # (#2) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - AFTER-THE-FACT VARIANCES - CONTINUATION OF PUr^LIC HEARING 7:25 - 7:43 P.M. Richard Hollander o id Richard Indritz were present. Mabusth explained the City does not have a record of building permits issued for lakeshore accessory structures constructed prior to the storm in 1987. She noted at the time of storm damage in 1987, the emergency ordinance allowed for permits to be issued only for retaining walls in lakeshore properties or if the principal structure was threatened to be damaged. The building permit issued to Hollander specifically excluded the rebuilding of the gazebo in the lakeshore yard. Richard Indritz, attorney for the applicant, stated the lot would not be buildable under current ordinances. The house and accessory structures were built prior to the adoption of that code. He referred to si ides the appileant has located indicating the existence of the accessory structures prior to the storm, but noted they lacked any further documentation. He said the gazebo was destroyed over 75% of its value during the storm, but the deck sustained no damage. He indicated his cl lent was wiI Iing to remove the gazebo, a portion of the existing deck and planting area underlain with plastic around the house. Chair Kelley asked when the screen porch and gazebo were built. Indritz indicated both were constructed in 1974 at the time of the garage addition. Hoi lander clarified he was not willing to remove the screen porch. Indritz noted much of the hardcover on the property is necessary to create positive drainage on the property. Johnson felt It a reasonable request if the applicant would remove the screen porch. Peterson noted during the last review, the applicant noted the poor condition of the screen porch. Cohen reiterated the Cit has no -ecord of approving the reconstruction of the accessory structures after the ^toim. Mabusth stated the permit specifically stated, to restore the shore Iine". MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1737 - CONT. Rowlette indicated she is familiar with the property and stated she can only remember the screen house being in that area of the property in the 1970s. Hollander stated after the storm, they did not replace any of the boards on the deck but merely put the deck back. He stated his entire lot Is considered non-conforming and indicated he has spent very much money in the maintenance of same. Johnson said he appreciates the applicant’s situation, but noted the work was done without the benefit of permits. He felt to be equitable with others, the applicant should make some concessions. Hollander said he would be willing to concede the screen house to facilitate a vote, but asked that he be granted an extended time period for which to remove the buildings. It was moved by Johnson, seconded by Peterson, to recommend approval of Application #1737 for Richard Hollander, 680 North Arm Drive, for aftei—the-fact variances subject to the removal of the gazebo, 36 s.f. of decking, the plastic landscape areas around the house, the screen house and associated decking by June 1, 1993. Ayes 7, nays 0. (#3) #1762 PAUL W. BOYKE, 793 NORTH FERNDALE ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:43 7:50 P.M. Paul Boyke was present. Mabustn stated that the application Is to be tabled but that staff sought direction from the Co.'nmission on the issue of lot width. It was moved by Cohen, seconded by Peterson, to table Application #1762 for Paul W. Boyke, 793 North Ferndale Road, due to the lack of required information. Ayes 7, nays 0. Weckman indicated the additional septic Information raised questions regarding the outlot. He referred to options developed by staff. Cohen said he would prefer to review the options in writing and refused to discuss the application any further. I i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 (#4) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - PUBLIC HEARING - 7:50 - 7:53 P.M. The Affidavit of Pub Iicat ion and Certificate of Mailing were noted. Austin Evans was present for this application. Mabusth explained the 929.4 contour located on the property now defining the flood fringe area. The property can also meet the most conservative setbacks for building if the lakeshore setback is required from the 929.4 contour. Chair Kelley asked about the existing dirt road and remaining foundatI on. Evans said he intends to remove them. Rowlette asked about riparian access. Cohen said Evans must decide that prior to Council review. Rowlette reiterated a condition of approval for the Landmark development was that the lakeshore out lot could not be used for parking, which has been happening. It was moved by Rowlette, seconded by Cohen, to recommend approval of Application #1764 for Austin Evans, 255 Landmark Drive, for preliminary subdivision approval subject to the conditions noted In staff’s memo, and the removal of the foundation. Ayes 7, nays 0. (#5) #1766 HOWARD EISINGER, 3245 WAYZATA BLVD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:56 - 8:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Howard Eisinger was present for this application. Elsinger explained the original approval was for 100,000 cubic yards, which nevt»r materialized. He noted the most recent approval of 10,000 cubic yards has been fulfilled and he Is unsure of what additional fill is available. Bel lows asked how much fill the engineer has calculated to be needed on the property. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1766 - CONT. Eisinger answered 100,000 cubic yards to get to the original grades approved with the first application. Mabusth stated there was only one problem reported with respect to the construction schedule. Chair Kelley asked about the Junk and debris on the property and asked if the removal of that be a condition of approval. Mabusth concurred and explained that the engineer has recommended seeding of the slopes this fall. Eisinger felt the weather may not permit that to be completed. Johnson Indicated he thought this to be a benefit, and asked if they intended to provide a clay seal to shed water. Mabusth stated the Interior areas are not yet filled and are still receiving fill. Bellows asked about a deadline for the completion of the project. Mabusth stated the applicant does not have knowledge at this time of any additional fill to be obtained. Bellows stated they need to achieve the knowledge for an adequate solution. She asked how long they could control a dangerous situation on Highway 12. She mentioned this project is also costly to the City in terms of engineering reviews. Mabusth asked Eisinger if he has equipment to grade the fill. Eisinger stated as a condition of accepting the fill, the contractor is required to do the necessary grading work. Mabusth noted the applicant has filed for a conditional use permit of 20,000 cubic yards, and there Is an additional 3,000 cubic yards from the Stubbs Bay sewer project. It was moved by Cohen, seconded by Rowlette, to recommend approval of Application #1766 for Howard Eisinger, 3245 Wayzata Boulevard, for a conditional use permit to permit filling and grading activities in excess of 100 cubic yards for a period of two years, subject to all conditions of the original approval resolution, and the junk and debris be removed and seeding to be done by May 31, 1993. Ayes 7, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 (#6) #1767 GEORGE & THERESA BLOOM, 1374 REST POINT ROAD - VARIANCES - PUBLIC HEARING 8:17 - 8:30 P.M. The Affidavit of Publication and Certificate of Mai ling were noted. Mr. and Mrs. George Bloom were present for this appiication. Mabusth explained the applicants propose a detached garage which requires a street setback variance and hardcover variance. They pian to remove the plastic landscape area within the 0-75’ zone and the bench boxes wiil be moved to the deck area, resulting in additional hardcover removals. Cohen asked about the additional information requested. Mabusth stated the applicant has not provided elevations, but has addressed the drainage issue. She referred to the addendum Information in the packet. She pointed out the survey deals with the 926’ elevation which places the 75’ setback at an incorrect location. She noted that a Council member has called attention to the survey that noted a 926’ elevation which would require amendment of the hardcover facts. hi. Bloom indicated his desire to move the application along quickly advising they wouId like to build this year. It was moved by Cohen, seconded by Bel lows, to recommend denial of Application #1767 for George and Theresa Bloom, 1374 Rest Point Road, due to the lack of a correct survey information and elevations for the new structure. Ayes 7, nays 0. (#7) #1768 DR. WILLIAM & RHONDA T. OMLIE, 1860 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING 8:30 - 9:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Dr. William and Phonda 0mlie were present for this application. Rhonda 0ml le explained they have revised their proposal to have the garage addition follow the existing garage side, requiring a 15 variance from the side lot line, and to provide a circuIar drive. She stated their main reason for the request ' s due to noted they currently back 130’ on to County Road 19. They have three vehicles, which requires some shuffling at times to exit the property. The circular drive would allow for forward access onto the County road. She pointed out they do not have any hardcover within the 0-75’ zone, and are requesting a 5* increase in the 75- 250’ zone. She noted they originally worked from a previous survey, which proved to be incorrect, thus delaying the project. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1768 - CONT. Dr. 0mlie stated he is a trauma surgeon which requires him to have quick egress from the property at all times. Chair Kelley asked about the removal of the detached shed. Rowlette reviewed it is used for storage of lawn equipment and a boat. If the shed is eliminated, the boat may end up stored on the property. Johnson asked the size of the property. Rhonda 0mlle said It Is approximately 1 acre. Ken Larson, architect, felt the Island In the middle of the circle drive shown on Plan B Is an asset as It will allow additional area for dispersing run-off. Johnson noted that with more intense variance applications with smaller lots, the Planning Commission has consistently requested additional reductions in hardcover percentage. He felt an att-»-^ should be made in this case also. Rhonda 0ml ie said with respect to hardcover and run-o. -r.tlre east side of the lot is grassed and the drainage floww to that area. Peterson noted his property Is set up much the same way and he has a very large vehicle, and concurred with the applicants that It is difficult to maneuver the drive, but felt it was not Impossible. Schroeder felt they should give some credence to the response time Issue. Rowlette felt the circular drive makes sense for this property, but asked that they consider additional hardcover reductions elsewhere. Cohen .It the circular drive is not the problem, but rather the additijnal shed and drive. Chair Kelley reminded the applicants that they were aware of the situation when the purchased the property. Rhonda 0ml ie stated major portions of the additions to the existing residence are covering existing hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1768 - CONT Larson stated they have reviewed the proposal and have calculated a way to reduce Plan B an additional 1 to 1.5%. Chair Kelley asked about additional landscaping the applicants may want in the future. He said he feared If the plan is approved with an overage in hardcover now, the applicants will later ask for additional hardcover for landscaping. Dr. 0mlie stated that ha^ been calculated in with the proposal. Mabusth pointed out Plan B does not have the retaining walls calculated In with the hardcover percentages. Chair Kelley felt the applicants should review their proposal and return with a complete proposal. Bellows stated she would like to see the additional reductions in hardcover on a plan. Rhonda 0mlie understood the City is concerned with safety and hardcover issues, and felt the Commission was not addressing those Issues. Bellows stated It Is up to the Commission to determine how those needs are met. Johnson felt even though the lot Is large, the increase In hardcover being requested Is large. It was moved by Chair Kelley, seconded by Cohen, to recommend approval of side yard setback of 15” to construct f garage for Application #1768 for Dr. William and Rhonda 0mlie of I860 Shadywood Road. Ayes 7, nays 0. It was moved by Chair Keliey, seconded by Cohen, to table consideration of the hardcover issue for Application #1768 for Dr. William and Rhonda 0mlie of 1860 Shadywood Road, to allow the applicants further time in which to consider additional reductions In hardcover. Ayes 7, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 (#8) WILLIAM & LAURIE CORNELIUS, 960 TONKAWA ROAD - VARIANCE - PUBLIC HEARING 9:09 - 9:12 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Laurie Cornelius and Steve Longman, builder, were present for this appI I cat I on. Mabusth explained the rpplicants request an average lakeshore setback variance to construct a new residence and pool. She stated the proposed house will be furthe* back from the lake than the existing house. Chair Kelley noted only the house directly next door is affected by the proposal. Rowlette noted houses vurther down the shoreline have the same setback as v/as being propo'^ed, and added the house is on a point which places further limitations on the building envelope. It was moved by Rowlette, seconded by Johnson, to recommend approve I for Application '^1770 for William & Laurie Cornelius, 960 Tonkawa Road, for an average lakeshore setback variance to construct a new residence and a pool. Ayes 7, nays 0. («9) JAMES BROOKS, 3785 WATERTCWN ROAD - VARIANCE - PUBLIC HEARING 9:13 - 9:15 P.M. The AffIdavit of Pub Iication and Certificate of Mai Iing were noted. James Brooks was present. Weckman explained this application is for a side setback variance to replace an existing porch on a narrow lot. It was moved by Cohen, seconded by Rowlette, to recommend approval of Application #1772 for James Brooks, 3785 Watertown Road, for a side yard setback variance to replace an existing porch area. Ayes 7, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 (#10) #1773 ROBERT KOEHNEN, 537 HANLON AVENUE - VARIANCEC - PUBLIC HEARING 9:15 - 9:21 P.M. The Affidavit of Pubi'cation and Certificate of Mai ling were noted. Robert Koehnen was present. Mabusth explained this is a request to allow structural repairs to an existing detached garage that does not meet the required setbacks, to replace an existing masonry wall and extension to the rear of the garage with a boulder retaining wall. Chair Kelley asked If the neighbor affected by the wall has any objections, and asked If the entI re walI Is placed within Koehnen s property. Koehnen stated his neighbor has no objections and has offered to submit a letter to the City. He stated the wall has been placed entirely within his property boundaries according to his survey. Mabusth noted the applicant would need to obtain a permit for the repairs to the garage. Schroeder noted If the wall collapses It will take out the neighbor"’ fence. Bellows asked who engineered the wall and asked about a permit for such. Mabusth stated staff does not wish to address the wall with a permit as they do not wish to assume any responsibility for such. It is felt by staff that If the wall Is removed now, it may create additional problems for the property. Schroeder felt the City should make sure they have approval from the neighbor on file at the City. It was moved by Schroeder, seconded by Johnfo". aoDroval of Apulication #1773 for Robert Koehnen, 537 Hanlon Avenue, for side and street setback 'variances to renovate an extstir.g detached garage, and for unapproved land alterations of side iot line. Ayes 7, nays 0. 1 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 (#11) EDWARD & MARGARET STRICKlAND, 735 NORTH FERNDALE ROAD - VARIANCE - PUBLIC HEARING 9:28 - 9:45 P.M. The Affidavit of Publication ar.j Certificate of Mailing were noted. Mike Hoekstra, attorney for the applicants, was present. Cohen noted he was unable to view the property because of the appIicants’ dogs. Rowlette asked if the dock is proposed to be removed in the winter. Hoekstra stated it Is a removable dock, but the applicants would prefer to leave It in place year round. Chair Kelley asked if the City has any other docks this long within its limits. Weckman stated there are 4 or 5 other examples of docks this long within the City. Hoekstra stated the adjacent neighbors, the Bergs, have no objection to the proposal. Mabusth stated Boyke also submitted a letter of non-objection. Hoekstra stated the applicants’ position Is that they own the property to the open water but they have no means to get there. He Indicated the dock is an environmentally safe alternative. He said the applicants do not plan to destroy any vegetation with the installation of the dock. Peterson noted the Flowage and Conservation Easement for the property which specifically states there shall not be a dock in this area. He felt this structure will be Inconsistent with the nature of the land. Mabusth said the area was a designated wetland at the time the easement was taken. The DNR has now designated the area a "Natural Environment" lake with a defined OHW. Peterson felt the dock would be an ideal nesting area for geese. He asked If the applicants would allow them to remain. Bellows clarified the dock width. Hoekstra stated the dock will be 4’ wide with a floating platform at the end that will be 8’x8’. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1774 - CONT. Mabusth Indicated there are no standards in place for docks on this type of lake. She noted the subject Flowage and Conservation Easement would have to be amended if the dock is approved. Cohen contended the owners purchased the property with the restrictions of that easement in place. He felt nothing could be done. Schroeder agreed the dock Is inconsistent with the nature of the I and. Peterson felt this should also be considered hardcover, and felt It to be worse as it crosses this natural wetland. Bellows noted this type of structure is built in natural areas by envIronmenta1 Ists. Peterson disagreed, and noted this type of construction Is only done for use by the general public. John Sather, 2245 Shadywood Road, agreed with Peterson’s comments. It was moved by Peterson, seconded by Cohen, to recommend denial of Application #1774 for Edward and Margaret Strickland, 735 North Ferndale Road, for a variance to construct a dock from the edge of the wetland to open water on Lydiard Lake, based Inconsistency with the nature of the land. Ayes 6, nays 1. Johnson voted nay. (#12) #1775 ROBERT G. LUESSE, 3249 CASCO CIRCLE - VARIANCES - PUBLIC HEARING 9:46 - 9:55 P.M. , , . _- noted The Affidavit of Pub Iicat ion and Certificate of Mailing were noted. Mr. Luesse was present. Mabusth presented elevations of the requires Commission. She noted the proposed , repairhardcover, side and street setback variances. The structure I repair of the existing accessory structure variance. The addition requires an average lakeshore setback and side setback variances. Chair Kelley stated he has no problem with the garage, but has difficulty approving a 11* Increase of hardcover in the 75-250’ zone. ]• 1—— ^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1775 - CONT. Luesse noted the request for a detached garage requires a more extensive drive. He stated he would be willing to change ri i s request for a 2 car attached garage, which will reduce the hardcover proposed. He asked them to consider a reduced version of the greenhouse addition as he is an avid gardener. Chair Kelley pointed out the need to maintain a separation for emergency vehicles. It was moved by Chair Kelley, seconded by Cohen, to table Application #1775 for Robert Luesse, 3249 Casco Circle, to allow the applicant time to reconsider his application. Ayes 7, nays 0. (#13) #1776 ROBYN STEWART, 370 LEAF STREET - VARIANCES - PUBLIC HEARING 9:55 - 10:10 P.M. The Affidavit of Pub I I cat ion arid Certificate of MaiIing were noted. Robyn Stewart was present. Weckman explained the appileant requests a variance to the required acreage for animals, and a variance to construct a barn In front of the principal structure. He indicated the applicant intends to use the adjacent neighboring property for pasture land. Stewart stated she currently boards her horses at a vacant property and Indicated many problems with doing so. She stated she would like to have her horses under supervision. Shelia Olson stated Stewart also wants her horses on her property to the children can use them for a 4H project. Henry Furchner, 360 Leaf Street, felt the hardship with regard to drainage wouId be placed on them If Stewart is allowed her request. He Indicated Stewart’s property Is currently saturated with sewage and felt the addition of animals would only create a bigger mess. Elaine Furchner expressed concern with the drainage to their property. She noted Stewart does not currently take care of her animals. She stated It would be a hardship to sell their property with the animals so near. She asked what would happen if Laue decides to build in the near future. Stewart stated she would cover the manure with sawdust to reduce the smell or use a dumpster or bury it. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1776 - CONT. Jane Behrman, 340 Leaf Street, expressed concern for safety of her children, and noted she is uncomfortable that Stewart does not have a lease for the pasture land. Catherine Anderson, 398 Leaf Street, expressed her desire not to have additional traffic down her private drive that she shares with Laue. Henry Furchner stated Shirley Laue has indicated the current fencing for their property will not contain horses. Bellows stated she did not see how they could grant a variance to someone that does not own the property. She felt the hardships expressed by the appileant were inadequate. It was moved by Cohen, seconded by Bellows, to recommend denial of Appiicat ion #1 776 for Robyn Stewart, 370 Leaf Street, for variances to construct a barn in front of the principal residence and to house horses on a substandard lot, based on the lack of hardship expressed by the applicant. Ayes 7, nays 0. Rowlette stated to the applicant that they cannot give credit for property she does not own, and the Commission has no way of knowing where the horses will be pastured. (#14) #1769 LOUIS OBERHAUSER, 3856/3875 SHORELINE DRIVE & 2405 DUNWOODY AVENUE - SKETCH PLAN OF PROPOSED PRD - SUBDIVISION - CONCEPTUAL REVIEW Louis Oberhauser was present. He stated his proposal to the City is a 4 unit PRD. He noted the property Is divided Into 3 tax parcels, and has been assessed for 4 sewer units. He felt this use fits well on the site. He indicated .'tached housing would enable a better quality of homes than smaller single family units. a'/p.rci'n? oTTh'/T/f Oberhauser stated he has the right to build 3 houses on He stated the County has assessed each lot at approximately $90 000 per lot. Johnson stated they could not be built without variance approv MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ZONING FILE #1769 - CONT. Chair Kelley felt the City would be pushed into approval of those variance requests because there currently are houses on the lots and have been assessed for sewer. He felt a PRD development would help free up more open space. He fe't the PRD makes sense for this property. Johnson felt the PRD development is Intended to preserve natural features of a property, but felt there was nothing special about these lots. Chair Kelley polled the Commission with regards to a PRD development. All Members, with the exr^otion of Johnson, agreed with a PRD development, with 2 to 3 uni. development. Cohen noted if the applicant could provide quality housing with 4 units on the property, he was welcome to submit that plan. Johnson felt the applicant should combine the three lots into one parcel and build a single family residence. Chair Kelley stated there Is to be no hardcover in the 0-75’ zone. Mabusth asked about the riparian issue. All Members felt a single dock with three slips would be the preferred option. Rowlette stated she would like to see a further reduction in liardcover on the property. Chair Kelley asked about screening along the County road. Oberhauser stated he intends to plant a hedge. (#15) REPORT BY PLANNING COMMISSION REPRESENTATIVE Johnson asked Callahan to explain the process for the approval of the Shoreland Regulations. Callahan explained after adoption by the city, the document is submitted to the DNR and other affected entitles for comment. He noted Orono has submitted their ordinance and It is officially in place. Other cities have submitted their documents and they have been circulated for comment. He noted some cities cannot or do not wish to meet all the required State standards and therefore are asked for flexibility. He noted he has suggested Orono respond to these flexibility requests by viewing them pragmatically.. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 (#16) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley reported the Comm 11 tee Is work Ing on mar Ina IIcensIng. Jabbour expressed frustration with the amount of time spent on this issue, but felt it has helped some marinas to understand the process better. He indicated some marinas have initiated their own clean up process. Chair Kelley asked the status of Gayle’s Marina. Callahan reported there is a possibility the DNR may purchase the property. JoEllen Hurr reported several neighboring residents have met with the DNR to discuss the launch access, and they have come to a consensus. The DNR will be submitting plans for review by the City. The proposal is a joint venture with the City and the DNR. (#17) OTHER ISSUES Chair Kelley reported work continues on the City facilities and It is hoped to have the December Council meeting there. Chair Kelley asked about progress on Highway 12. Goetten stated the process has slowed. Bel lows noted she has worked with MNDot on other projects, and they have indicated to her the Highway 12 process will be very long due to recent budget cuts. (#18) APPROVAL OF MINUTES It was moved by Cohen, seconded by Bellows, to approve the minutes of the September 21, 1992 PIanning CommIssion meeting. Ayes 7, nays 0. (V19) REPRESENTATIVE TO THE COUNCIL MEETING Rowlette volunteered to attend the November 9, 1992 meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 19, 1992 ADJOURNMENT Chair Kelley adjourned the regular Planning Commission meeting at 10:50 p.m. • ^ CITY OP ORONO PARK COMMISSION MEETING MONDAY, NOVEMBER 2, 1992, 7:00 P.M. 1275 BROWN ROAD SOOTH - COUNCIL CHAMBERS ATTENDANCE AGENDA 1. Approve Minutes of September 1, 1992. 2. Bike/Hike Trail Update - Dick Flint 3. Short Court Basketball Canoe Rack and Beach Area Expansion - Swimming Beach Park Use Monitoring Program 4. Bederwood Park OBA Skating Rink/Playground Equipment 5. Sewer Plant/Crystal Bay Site - Discussion 6. New Business. ] Susan Summit Park] Wilson & ] Lili j McMillan ADJODRllHENT EETING 2, 7:00 P.M. ODNCIL CHAMBERS , 1992. Flint ision - ] Susan Summit Park] Wilson & 1 Lili ] McMillan jment Discussion j] [FMINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1. 1992 ATTENDANCE 7:07 P.M.The Park Commission met on the above date with the following members present: Chairperson Dick Flint, Susan Wi son, AlexVongries, Sherokee Use, Lili McMillan, Robert Howells, and Phil Bradley. The following represented the City staff: John Gerhardson, Public Works Director; Jeanne Mabusth, Building & Zoning Administrator; and Teri Naab, Recorder. (#1) APPROVAL OF MINUTES Vongries requested Page 8, paragraph 6, be changed to read, "Wjlson felt the Park Commission needed to decide if they intent... .He asked that Page 8, paragraph 12 be changed to the other communities within Orono School District should participate in satisfying OBA’s need for ballfields. Use requested Page 8, paragraph 4 be changed to read, "and he saw the hockey arena and the baseball fielas as separate issues and was In the position of waiting for OBA to formal Iy request to 'ease the school property for ball fields, and to date OBA has not made that request." It was moved by Wilson, seconded by Use, to approve the minutes of the August 4, 1992 Park Commissicn meeting as amended. Ayes 7, nays 0. (#3) RECONSIDERATION OF CANOE RACK ISSUE Tom Caswell explained that they are requesting the one or more canoe racks at the south end of Summit Beach, w^*^h is separate from the swimming and picnic areas. He understood that the Park Commission was concerned ^ith maintaining Summit Beach a passive park and stated he concurred with that feeling. He stated th« lack of congsstion of Sumnnit Bsach is one of the l^?^actions o? the area* however, he felt that instalI at ion o canoe racks would not Interfere with the tranquI I Ity and would at the same time ailow more people to use one of Orono s better parks. He offered four reasons for his opinion: the almost used for 1. The south end of the park provides for a natural area for canoe racks. It is away from swimming/recreational/picnicking areas and invisible from those areas. The area is not other purposes. 2. The rental racks and launch would be solely used by canoes and could be more passive than some of the recreational games played at the park. 0 uu a i;MEETING OF SEPTEMBER 1, 1992 ; Jeanne Mabusth, Building & . Recorder. 6, be changed to read , ^ decide If they lf;».tent... . He :hanged to read, He ono School District should 1 for baI If1eIds. e changed to read, "and he saw ,las as separate issues and was . formally request to > 1 to date OBA has not made that Ilse, to approve the minutes Dn meeting as amended. Ayes 7, 5SUE equesting the end of summit areas. He understood that the laintaining Summit Beach as a with that feeling. He state ummit Beach is one of the ,e felt that Installation of the tranquility and would at 3 one of Orono’s better parks. ion: rovides for a and almost not used for I s i ng The away areas area is would be solely used by sive than some of the 9 park. » I.J S%.; i. I I •MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 CANOE RACK ISSUE - CONT.3. There are a number of surrounding communities currently successfully renting canoe racks. 4. This use would invite citizens to use the park outside the summer months as canoeing can be done in both the spr1ng and fall. Caswell submitted a summary of his speech. Exhibit A. Wilson agreed with the statements make by Caswell, but reiterated the Park Commission’s concern of making public land available for a private use. Greg Young stated he formerly lived near Lake of the Isles where canoe racks were Installed and operated by the Minneapolis Pa*"k Board. Space on a rack could be applied for and the City charged a nominal fee to cover installation and maintenance t.? the racks. Rental was open to residents, and after all their eeds were satisfied, to non-residents. He felt the waiting list was not excessive and one may not get a rental scot of his choice, but rather In another area. Wilson said there were no other sites in Orono for canoe racks. McMillan asked if there was a rack at the Long Lake swimming beach. Caswell said he did not think there was, but could noc confirm. He said each rack wou>d hold from 4 to 6 canoes. Vongries asked if Caswell received a letter Indicating the conclusion at the last meeting regarding this issue. Caswell stated he did not receive a letter but Dick Flint had called him. Vongries explained why he opposed canoes at this site. would be unsightly and did not feel placement of a small group was the answer. He noted canoes can be motorized. He asked who would control the situation. He stated some canoes are well maintained, while others are not. He noted the City does not have alternate rental sites. He ‘ enlarging the swimming beach area instead of installing rental racks tor canoes. Chair Flint asked about the flexibility the City has with regards to restrictions noted in the deed for the property and about current regulations within the ordinances. iflIFlIminutes of the park commission meeting of SEPTEMBER 1, 1992$CANOE RACK ISSUE - CONT.Gerhardson stated the City has full control over use of the property. vonaries stated Section 3 (C) gives the impression that it is acceptable to launch a boat at a designated area. It was a"’n"d‘‘®L?Lfnr’belch'’®?e^^^ prh?ilt'?he"Ta^ncMng"o? watercraft from Orono’s parks and swimming beaches. Summit Park shoulc be enlarged. Chair Flint noted :hat Stephen Johnston favored the northeast area of the property for canoe racks. McMillan noted that area Is very sloped to the lake. Wilson indicated using the northeast area for canoe racks would not prohibit enlarging the beach area. use asked for clarification of the existing ordinances. ?:u%^%"°Counc?i'wouM'no;"it; '^ privately, but also all lake accesses the Cty owes. lolt' ?;:om*'a:;rct?y 'par“"ro?e%'tyand°Vnowt' “c'l us I viTce« to the lake to iakeshore owners. Gerhardson stated the ordinances clearing state authorized uses of parks. •hssH thA Dark could be rearranged to accommodate the r^cksI^Lt^felt they would be setting an unwanted precedent. Casweil stated Long Lake is aPPeaHng to them as cancers beca^^^ of the lack of power »oa«. and felt they na^ vongrles’ request as they are residents o never making any comments perhaps could be reason or changes. Donna Young stated they have ®('’‘’|7\'rd Vhat'the^cannot use last 15 years on Stubbs Bay. sne reiu • the lake in a quiet manner. i •*1- • MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 CANOE RACK ISSUE - CONT. McMHIan provided canoes are harder to transport. Chair Flint felt they could distinguish between non-motorized and motorized watercraft and felt this request would be an enhancement to the lake. It was moved by Vongries, seconded by Ilse, to modify the motion to recommend to Council to amend the Park and Swimming Beach regulations to prohibit launching of watercraft from Summit Beach. Bradley asked If the beach reguI ations are an interpretation of the ord1 nance. Gerhardson stated that was correct. McMillan Indicated a pre-determined amount of space would need to be set aside for canoe racks and expansion of the beach prior to approval of this request. Vote: Ayes 1, nays 4. McMillan and Ilse abstained. it was moved by Wilson, seconded by Howells, to establish a sub committee of Wilson, Howells, and Chair Flint to research the possibilities for expansion of Summit Beach swimming area and installation of canoe racks. Ayes 7, nays 0. OTHER ISSUES Jabboiir explained that a while back the Council felt the Park Commission, In Its present form, was becoming more active and felt It Important to continue communI cati jn between the CounciI and Park Commission. He referred to the letter of resignation from Johnston. He stated anyone willing to dedicate ’ ne to the City should not feel the frustration felt by Johnston and hoped that feeling was not prevalent among the other Commission members. He pointed out several Issues from the letter: 1. No funding for the comprehensive park plan. He explained that the City has been involved with an extensive sewer project in an area where people cannot afford the assessment and the Council felt it important to help those residents. m AUFir f MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 OTHER ISSUES - CONT. 2. The amount of time spent on the Highway 12 corridor Issue and other issues. Johnston was angry that there was a Joint meeting of the Planning Commission and Council to discuss the hockey arena issue and the Park Commission was not invited. Jabbour stated the Joint meeting was to discuss land use. He noted the Counci | did not mean to exclude the Park Commission, but added it would have been very difficult to make any decisions with such a large group. Jabbour stated he is personally open to anyone calling him. He felt they need better communication between the different organizations to better the City. He stated the Council does appreciate th6 work don0 by the Park Commission. Vongries expressed concern that Park Commission representatives reporting to the Council report the true consensus of the Commission. He added letters should be sent out when it is directed by the Commission, and sub-committees should be formed at the Park Commission meetings and directives listed by the Commission at that time. Chair Flint noted he would like the Park Commission meetings included on the Council agendas. (#3) UPDATE ON BIKE/HIKE TRAIL Chair Flint noted the trail is on hold until they meet with Otten to discuss the trail along County Road 6. He stated the tunnel under County Road 6 is feasible from an engineering standpoint, but is cost prohibitive. He reported he has asked the City to draw a diagram showing the trail extending northward from Old Crystal Bay Road to the power lines. He stated they will take this proposal to Otten to discuss the poss i b i I i ty as expensive to build the trail along County Road 6 and the Otten property. He said they will suggest to Otten that the ^ity wl I also Install a horse trail along with the bike trail withlr. his property boundary. Bradley asked about the ownership of the easeme t northward of Old Crystal Bay Road. Gerhardson said he would review that issue. (#4) OBA/BEDERWOOD BALL DIAMOND 1993 PLAN Vongries reported he met with Bradley, Use and Gary Larson to discuss this issue. He asked Gerhardson about an excavating estimate for the site, which he was told the City did not prepare. MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 OBA/BEDERWOOD BALL DIAMOND 1993 PLAN - CONT. Ilse reported that Peg Swanson of the Orono School Board did not have a strong feeling regarding the •ocatlon of the hockey arena. She said Don Anderson of the Board could not remember the details of the decision and said he was open to discussion. Mabusth explained the building is proposed as a multi-purpose sports facility, to be used for activities other than hockey. She reviewed concerns raised at the joint meeting. She noted the City is not satisfied with the proposed location, and many neighbors were present at the Joint meeting in opposition. The City encouraged the organization to look to the west of Cld Crystal Bay Road for a possible location. She stated past planning for this property provided for single family development. She noted the concern expressed of the intense commercial use of the property. Mabusth reported the School does not intent to provide for a through road from the property to Old Crystal Bay Road and the School felt a road would create a safety issue as they are planning to build an elementary school on the site in the future. She advised that John Shardlow, the City’s Planner, recommended relocating the multi-use facility to allow for access to Old Crystal Bay Road and suggested developing the remainder of the prop6rty as a Planned Unit Development. Wilson asked about the proparty immediately to the east of the City faciIity site. Mabusth stated that site is cost prohibitive. Jabbour Indicated Hennepin County will be abandoning their proposal for a I ibrary at the corner of Old Crystal Bay Road and Highway 12. He emphasized, according to the City’s consultant, this use is to be considered as a commercial use, and approval would set a negative precedence. He reported Cal Iahan was concerned about removing the property from the tax ro es. He noted there was discussion regarding the intense campus atmosphere. Gary Larson stated the proposal has become more complicated than was originally thought. Jabbour affirmed the unanimous opinion that the organization should attempt to move the proposal to west of Old Crystal B^'v Road. He stated the size of the facility was negatively received by many members In attendance. He felt OBA should not be delayed further in their quest to obtain ball fields. Bradley asked the status of the property owned by the School District that Is sought for the facility. MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 OBA/BEDERWOOD BALL DIAMOND 1993 PLAN - CONT. Larson stated the sports facility organization has a long term option to purchase the property, which they entered into without consulting the City on the proposal. Mabusth added the County does not wish to encourage access onto County Road 6. Larson reported there may be another s I te aval IabIe for I IttIe league fields In Maple Plain, near the new balIfields and under the wlflrlower. He stated he has talked to Jeff Walton, Mayor of Maple Plain, who felt the City would entertain a proposal such as this. He noted the location would meet the needs of the organization. He added storm sewer is provided to the site and there would be room for a concession stand and restroom facilities. He felt the location would be feasible. Bradley asked If the field would be ready'for use for the 1993 season. Larson felt, due to financial considerations. It would be a year before they could use the fields. He said he would like the use of Bederwood Park for the 1993 season. He noted he is aware the situation at Bederwood Park is temporary, but was Impression if OBA was moving forward in locating a permanent area the use of Bederwood for the 1993 season would not problem. He explained that OBA would establish a Committee to -esearch the proposal and could report the results to the parK commission In a couple of months. He suggested they would require funds from all participating communities. Use suggested OBA actively pursue the option of the ball field at Maple Plain In a quick manner Chair Flint noted at the last joint Park Commission ’ Tl!" Ercula, proposed joint planning of adjoining communities with regards to park issues. Stephen Johnston said most members in attendance did "ft Ercula’s proposition. He felt the Commissions could do the work themseIves. Jabbour conveyed the Council’s concern regarding financial viability of the organization proposing the multi-use facility. Chair Flint felt the multi-use facility may be suggested Larson discuss with the School Board OBA s desire to locate their fields on the school property. MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 OBA/BEDERWOOD BALL DIAMOND 1993 PLAN - CONT. Mabusth noted the County would require turn lanes to be installed off County Road 6 If the property is used as proposed. She added the upgrade to the road would be very expensive. Howells asked If one field will be enough for the projected membership of little league. Larson stated the sports complex Is their long term goal, but presently the proposal at Maple Plain would be doable. He stated he would report back to the Park Commission at their November meeting. (#5) BEDERWOOD PARK UPDATE Gerhardson reported the eruipment has been Installed. Ilse advised the equipment has been used by the neighborhood and the equipment looks great. She noted residents have Indicated their thanks to the Park Commission. Chair Flint asked about the ice rink. Gerhardson indicated they need to build a berm around the area and run a water pipe to the site. He stated it will be done this fall. SUBDIVISIONS: 793 NORTH FERNDALE ROAD It was moved by Bradley, seconded by Wilson, to recommend payment of the Park Dedication Fee for Application 1M762 for Paul Boyke, 793 North Ferndale Road. Ayes 7, nays 0. 255 LANDMARK DRIVE; It was moved by Wilson, seconded by Howells, to recommend the taking of a bike traiI easement over the drainage and utility easement and payment of the Park Dedication Fee for AppIication #1764 for Austin Evans for property at 255 Landmark Drive. Ayes 7, nays 0. (#6) UPDATE PLANNING FOR PARK AT SEWER TREATMENT PROPERTY Wilson reported she is concerned about two issues on this property: 8 1 L an P MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 UPDATE PLANNING FOR PARK AT SEWER TREATMENT PROPERTY - CONT. 1. The water level has not returned to a level they had hoped for to entice the diving ducks to return. They y^ve reviewed several options, including: bring in water from another source, review the run-off In the area, and control the cattaiI growth. 2 Removal of the Public Works inventory on site. Gerhardson reported the contractor has removed 3° from the site, and will continue to remove more in the future. Wilson felt it feasible to clean up the site and ®!*®^ before this winter. She added, there is more water in the pond this year than last. (#7) REPORT HALF COURT BASKETBALL McMillan reoorted she has talked with the Park Director of Plymouth anS Vllued'^ severll sites with halt court basketbal I areas. She noted the sites vary greatly and was told by the Park Director the PaJk commission should first identify the location and funds avaiIabIe. Wilson reoorted the court used most is the size of a tennis court ani has tw^hoops. The courts are used by all age groups, and some of the courts are marked with hopscotch and four-square. The P^ice ?or the larger court ranges from $5,000-6,000. She felt they could reduce the cost if the Public Works Department participated in the instaI I ation. Chair Flint suggested Wilsor and McMillan submit a recommendation at the next meeting. (#8) BIKE TRAIL EASEMENT - VALUES Chair Flint referred to the letter submitted by Rolf Erickson, Assessor. Gerhardson reported that Erickson originally felt the easement was of no value, but Erickson was Informed of the Council’s feeling that residents should be compensated. anything to the affected owner. MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 BIKE TRAIL EASEMENT - VALUES - CONT. Ilse reminded them there is a potential to have simiiar amounts of people going by the property with or without the trail crossing the property. Chair Flint stated the former Park Dedication ordinance did not require one lot splits to pay a park fee, and the current ordinance does, and rather than $200.00 per lot, the City now charges 8% of the value. He felt they should take all this Into account when making a decision. Ilse felt the Park Commission may want to think more seriously about requesting easements as in some areas a trail may never be reaIized. WI I son agreed. Chair Flint felt they should spend their money on land acquisition to ensure its availability for the future. He stated the on Iy time the City is allowed to request a trail easement is during the subdivision process and they should take the easement whenever they can. Ilse suggested they review the trail system map again. It was moved by Bradley, seconded by McMillan, to table this Issue until the next meeting. Ayes 7, nays 0. (#9) NEW BUSINESS Stephen Johnston explained his letter of resignation was intended to Inform the Council of his frustration with the system, which apparently get enough attention as a Council " attendance that evening. He felt the Council Is not Interested In the Park Commission and does not priorities parks very high^. He felt the Commission needs to aggressively seek money to fund park programs and the Council needs to hear the discussion on such i ssues. Wilson said Jabbour attended the meeting to assure the Commission of the Council’s support. Johnston stated his frustration was not with the Park Commission. SEfln MINUTES OF THE PARK COMMISSION MEETING OF SEPTEMBER 1, 1992 ADJOURNMENT It was moved by Ilse, seconded by McMiI Ian, to adjourn the regular meeting of the Park Commission at 10:i0 p.m. Ayes 7, nays 0. The next meeting will be Tuesday, October 6, 1992 at 7:00 p.m. Richard Flint, Chair Person 11 Deephaven Excelsior Greenwood Long Lake Medina Minnetonka Beach Minnetrista LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION Orono St. Boni/acius Shorewood Spring Park Tonka Bay Victoria Woodland 540 Second Street • P.O. Box 473 • Excelsior. Minnesota 55331*0473 (612)474-5539 • Fax (612) 474*0430 SPTci^^L 17 mi oji AH city council members and city staff are cordially invited to privately tour the new Lake Minnetonka Cable Communications Commission office and community studio. Please stop by for a visit and some refreshments. uuMeBq^S CITY Of CflONO 1 0 WHEN:Thursday, November 19, 1992 4:00 - 5:30 p.m. WHERE: NOV (B 1992 Channel 21 Studio and Cable Commission Office 540 Second Street *• - Excelsior, MN 55331 (Across the street from the Post Office) Lake Minnetonka Conservation District 900 E. Wayzata Blvd, #160, Wayzata MN 55391 473-7033 NOVEMBER DECEMBER Tuesday 1 Wednesday 2 Wednesday 9 Friday 18 Thursday 24 Friday 25 Thursday 31 11-2-92 L.M.C.D. MEETING SCHEDULE November and December 1992 COY O' ORONO 1 iUBESD^^ NOV e 1992 Tuesday 10 Environment Committee 8:00 am, LMCD office, Wayzata Wednesday 11 Legal Holiday, office closed Saturday 14 Water Structures Committee 7:30 am, #135 Norwest Bank Building,Wayzata Friday 20 Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building,Wayzata Monday 23 Lake Use and Recreation Committee 4:30 pm, #135 Norwest Bank Building,Wayzata ft 23 Lake Access Committee 6:00 pm, #135 Norwest Bank Building,Wayzata Tuesday 24 Technical Review Committee 8:00 am, #135 Norwest Bank Building,Wayzata Thursday Friday 26 27 Legal Holiday, office closed Office closed, staff vacation day SubcoDunittee on Facilities Licensed/Not Constructed 8:00 am, LMCD office, Wayzata 7:30 pm, LMCD Board of Directors Regular Meeting Tonka Bay City Hall Lake Access Task Force 7:00 pm, Minnetonka Community Room 14600 Minnetonka Blvd. Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building, Wayzata Office closed at noon Legal Holiday, office closed Office closed at noon