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HomeMy WebLinkAbout04-08-1991 Council Packet(■ V. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 8, 1991, 7:00 P.M. (*)Asterisk items are co--.’■'••?red to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1.CONSENT AGENDA* miet ISSION COMMENTS - Maureen Bellows Representative APPROVAL OF MINUTES *2. Regular Meeting of March 25, 1991 PLANNING COMH PUBLIC COMMENTS - (Liait 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT **APPLICANTS**Immediately after the Council has revie«red your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. * * 3.#1497 Gerald Toberman, 1960 Shoreline Drive - Conditional Use Permit 4.#1555 Landstar Inc, 3150 Shadywood Road - Final Subdivision -Resolution PUBLIC BEARINGS 5.#1457 Alan Carlson, 3140 Watertown Road - Revised Preliminary Subdivision - Resolution #1622 F. John Hardin, 1496 Park Drive - Variance - Resolution #1624 Carlson/Shoreline Marina, 1955 Shoreline Drive - Commercial Site Plan Review #1625 Don Olson, 4590 North Shore Drive - Variance - Resolution #1628 Mark & Sara Finney, 4195 Highwood Road - Variance - Resolution #1629 McNulty Construction, 1700 Fox Street - Variance 6. 7. 8. 9. 10. NATOR/COUNCIL REPORT 11.Planning Commission Applicants CITT ADMINISTRATOR'S REPORT Cable TV Report - Tim Pattrin Highway 12 - City Adopted Position Sandy Beach Swimming Beach City Communications LHCD Comprehensive Plan Police Chief Selection Process Stubb's Bay Sewer Salary Adjustment - Bruce Vang 19A. Resignation - Lt. Mark Moran >12. p-13. i ■14. l:15. 16.i 17. 18. 19. *19A AGBNDA for council MKBTIHG set for MONDAYr APRIL B, 1991, 7:00 P.M. CITY ADMINISTRATOR’S REPORT - Cont. 20. Municipal Board Process Police Department Vehicle Auction Auction of Confiscated and Abandoned Items Resignation - C.S.O. Canine Donation TemMCtfMjlPPPRynient - Golf Course - Resolution JJasJglllrogram 1991 21. 22. 23. 24. 25. 28. 29. 30. 31. M!D^artment operations ase “ Portable Hoistyi|r«lWp0.ys WIlWSTRATOR’S INFORMATION Police Officer/Marine Reservist Planning Commission - Ordinance Review Dates Auditor Change CXTT ATTORNEY'S REPORT LICENSES (32*) BILLS (33*) ADJOURNMENT gPCSOMlNG ISSUES AND EVENTS 04/04 - Facilities Workshop 6:00 p.m. 04/06 - Town Meeting 10:00 - Noon 04/15 - Planning Commission Meeting 04/17 - Policy Committee Highway 12 Corridor (3rd Wednesday) 04/20 - Joint Council/Planning Commission Meeting 04/22 04/23 04/23 04/27 04/30 05/04 05/11 Council Meeting Technical Committee Highway 12 Corridor (4th Tuesday) Citizens Committee Highway 12 Corridor (4th Tuesday) Police Vehicle Auction 1991 Board of Review 7:00 p.m. Spring Clean Up - Saturday Spring Clean Op - Saturday eJ uptr ' 'V ..r fijffii.: ?' ■ ■ . .. . -■=^-v..„ mT'^n V‘ -iv. /V;'. ■ V J -. A,- -r ^ . ‘ 7 *■' '■'<** rf-'» / «¥*K '‘TT • , M OuNUL _ A^ 6^T7A/(7 cune. »' 1^ (-(■'H' vi '^v f,-. ‘mk |fti,;®fC;i.::,?.T / t^>>12; - - .. i n 1 (ti'-' t » HI I t V^r* **>#*? «-••-' — ,• - ' ,'r -• ?.- Alck(^^j /Wi)kiJkn4 7 'f lii/y' /{v'^^^‘ <5 H(OH(,^JCy ' • ''i.rt J ,7?r u ;m.--. A v /y<-/W -vS k^ota. (j^ar'7P(I» ; U']L' /U^/^<'’^'^-Vr ,i2 c 0(C0 C<J(!^*'- /x^o-/y/k- ^u:’ Av '> . jk.. A j C /fc.’ "7/ , *YL Uf ^ 0,2^) 1 V r - i 'A tt-*4 <i - ’^' ‘ ^ IA * i MINUTES OF THE REGULAR ORONO COUNCIL MEETlW HELD MARCH 25, 1991 8 Jim ROLL CALL: The Council met on the above date with the follo'vTxTic present: Mayor Barbara Peterson, CounciImembers J. Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City Staff: City Administrator Mark Bernhardson, Public Works Director John Gorhardson, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. («1)PUBLIC HEARING-CDBG YEAR XVII ALLOCATION The Affidavit of Publication was duly noted, Peterson opened the Public Hearing at 7:00 p.m. and Mayor Bernhardson listed the organizations to which Community Development Block Grant monies would be allocated and stated the amount each is proposed to receive. He explained that the allocations, totaling $26,175, could be re-distributed among the organizations listed subsequent to the Public Hearitg being closed if there is citizen input so requesting. Bernhardson added that it would be necessary to hold another Publi.: Hearing if there is a request to allocate CDBG monies to an organization or category not currently listed. Mayor Peterson closed the Public Hearing at 7:02 p.m. She explained that persons present on behalf of the organizations listed may wish to hear the motion before making any comments. It was moved by Butler, seconded by Goetten, to adopt Resolution #2944 allocating CDBG funds as follows: Interfaith Outreach Westonka Intervention Westonka Community Action Westonka Community Action Housing Rehabilitations $ 2,500 1,000 400 1,200 21,075 Dale Woodbecx, representing the i^estonka Community Action Network, took this opportunity to present t *e City with updated information about that organization, and thanked the Council for their support. Motion, Ayes-5. Nays-0. Motion passed. (#2)PUBLIC HEARING-NAVARRE HEIGHTS DRAINAGE Mayor Peterson re-convened the Public Hearing on the Navarre Heights Drainage at 7:03 p.m., and the Affidavit of Publication was duly noted. Bernhardson provided a brief explanation of why this matter had been previously tabled. He stated that a letter had been received by the City on the date of the last scheduled Public - 1 - CITY COUNCIL MEETING HELD MARCH 25, 1991 GHTS DRAINAGE CONTINUED matteir was tabled to allow time for Council toWHt)NAVAR]^J||U letter. Bernhardson explained the proposec project, noting that the project costs would be assessed to residents in the area of the project at an estimated cost of $7i)0 per lot. He asked Glenn Cook to display the overhead showing the project area. He said, "This project called for the installation of storm sewer pipe from Livingston A/enue through what is known as the Cuff property to Crystal Place. At the Public Hearing last Fall, there was concern regarding drainage on the north side of t.he railroad tracks and Togo Road. That issue was reviewed by the City Engineer who determined that installing the pipe on Livingston would not increase the drainage problem on Togo Road." Cook used the sketch to show the drainage pattern in the Livingston Avenue area and how it drained under the railroad tracks to the Togo Road area. He indicated that the property owners of Lot 14 ( 3637 Togo Road) are experienci ig the most severe water problems in the Togo R jad area. He said, We discussed their water problems with them and will work with them to try to improve drainage o/er their property. The water problems for that property will not change if the Livingston Avenue project is done." Bernhardson reviewed the process that would occur following this Public Hearing, if in fact the Council votes to advertise for bids. Mayor Peterson explained the procedure to follow for those wishing to participate .'.n the Public Hearing. She then recognized Tony Gleekel, the Attorney for Mark and Karen Cuff. Gleekel referred to his March 20, 1991 letter which he had .sent to the City and asked Council if they had received and reviewed that letter. Council indicated that they had read Gleekel's March 20, 1991 letter. Gleekel said, "I would hope that a final decision would be made this evening to advertise for bids and that the matter not be tabled. Since the December 10, 1990 Public Hearing, new circumstances have risen, which support the Cuff's claim that they have a water drainage problem. Tne Cuffs have had to pay approximately $15,000 to repatr the foundation of their home which has suffered extensive water damage. The Cuffs house sits fairly low in relation to neighboring properties. The only way that drainage problems resulting from that situation can be addressed is by installing an underground pipe. Other alternatives have been explored throughout tine review of this issue and it has been determined that there really are none. - 2 - r d- REGULAK CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED This problem is not just the Cuff's but is experienced by other neighbors with lo'^~lying properties. The problem is that the neighborhood is old and requires more infra-structure than what was installed when the neighborhood was first developed. We would like to see the Council vote to order the bids on this project." Peter NLesen, 3533 Livingston Avenue, stated that there are a number of low spots in the Livingston Avenue area, and that he would rather see the City approach this problem in a comprehensive manner. He said, "Those of us opposing the project do not feel that it will oenefit us and object to a plan that will basically relocate the problem." Karen Schriver, Attorney with Lindquist and Vennum, stated that she was present on Bob Mitchell's behal^, and represented the homeowners opposed to the project. Sne said, "I would like to reiterate that this is an old neighborhood and the street has had low spots for a long time. Tnere are solutions to the drainage problem other than installing drainage pipe. One solution is to allow the water to continue to flow over the land as it has for years. Lot i7 has been a low-lying area for some time. The common law in Minnesota is that you allow water to flow downhill. That is what has been occurring and should continue to occur. If there is in fact additional ponding problem, it is the neighbors' viewpoint that most of that is due to erosion that has occurred on the Cuff property, and that the Cuff's have not addressed :he problem providing proper landscaping. I would ventur :o say ‘■hat the Cuff's home v/as constructed prior to 19*50 and is ^ ‘ . uw e.iperiencing foundation probleiAS from vs, ter, that perhaps the writer problem did not worsen until tht- grade on Lot 17 changed. Regarding the property may solve the problem without the need to assess the entire neighborhood. There are several elderly people in the neighborhood who cannot afford the special assessment costs. The neighbors should not have to take responsibility for the Cuff's problem. The Cuffs should have been aware of the water problem on Lot 17 prior to purchasing the property because they live adjacent to it." Beth Escher, 3556 Livingston Avenue, stated that the Cuffs were aware that the house they purchased is located in a low spot. She said, "A lot of factors go into determining a purchase price. It is up to the buyer to determine what you can and cannot live with. The project does not benefit the majority of the neighbors that would be assessed. It will only benefit a few homes, but is being spread out to cover quite a large area." Shirley Spalding, 3508 Livingston Avenue, stated that her property is located uphill from the Cuff property. She said, "I - 3 - ■■ fj';K- I- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#2)NAVARRE HEIGHTS DRAINAGE CONTINUED too have a water problem in my basement. However, I am not asking my neighbors to be assessed to fix my problem. VJhen we purchased the house we knew there would be a problem ana that we would have to take care of it. I do not expect my neighbors to pay for my problems." Paul Anderson, 3533 Crystal Place, stated that it is his understanding that the storm sewer would run through his property. He said, "I can understand and have seen the problem that the Cuffs are having. I also have standing water in my front yard. I have no objecti- s to Orono putting a storm sewer through my property, as long as c does not cost me any money. I will give an easement as long as my property is restored to the way it was." Lupe Gomez, 3488 Livingston Avenue, stated that he currently has approximately six inches of water in his basement, which is not unusual. He said, "As it has been stated before, I expect my neighbors to pay for my problems." Jim Smith, 3580 Livingston Avenue, stated that h«» has supported the project from the beginning and continues to do so. Jig said, "The problem is not going away and is something that must be addressed. The Cuffs have paid to take care of the water in their basement. That is not the issue here. The issue is the water that is ponding on Livingston Avenue, and the underground piping would solve that problem." Kent Eastlick, 3f)40 Togo Road, stated that he appreciates the water problem that the Cuffs and Smiths are experiencing. He said, "I live downstream and already have a water problem. The neighbors across the street from us constantly have water in their basement from the ponds in the area. I nave been told that this project is not going to affect us, but t»'at water from Livingston will now drain at a faster rate to mv area. Tne drainage ditches near my property have to be cleaned out, and I want to be sure that the City does not table this issue and forget to clean out the ditches. We are more than happy to work with the City." There ware no additional comments from the public, and at 7:25 p.m. Mayor Peterson closed the Public Hearing. Jabbour asked why the Planning Commission had not been involved with this issue. He said, "I get the impression, from reviewing this issue, that the Cuffs believe that the City did not act on this in a reasonable time period. It now seems that it is the neighborhood against the Cuffs, but that at one time the Cuffs did have a petition in favor of the project which was signed by 35% of the residents. How many of those signatures are - 4 - L j REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (|2)NAVARRE HEIGHTS DRAINAGE CONTINUED left on the petition?’’ Barrett stated that signatories have withdrawn, order the project. many of tiie original petition which will require a 4/5ths vote to Jabbour stated that the Cuffs’ Attorney is claiming that the City may be liable for the damages to the Cuffs’ property. Jabbour asked whether approving the project would lend support to that claim in that the City delayed the project, yet knew it was needed. Barrett replied, “My review of the facts does not lead me to conclude that the City is liable for the water damage that the Cuffs have suffered. I also d>5 not think that the City’s decision to install some form of drainage system would be an admission which would require the City to pay damages." Bernhardson added that it is not typical for municipal improvement projects to be reviewed by the Planning Commission. He said, "Such projects fall within the purview of the Council. Council may refer such issues to the Planning Commission, but to date, that has nor been done." Goetten agreed that the matter has gone on for an extensive period of time, but noted that when tabling did occur, it was necessary for one reason or another. She said, ’’Because there are other areas in the Livingston Avenue area that have water problems, as well as areas within the Navarre area as a whole, it may be more appropriate to consider addressing the issue on a more comprehensive approach. I have discussed this with statt and asked them to prepare something along those lines." Bernhardson explained the financing options available for such projects, such as drawing from the City'n General Fund, or establishing assessment districts, where an assessment is based on Ad Valorem tax that takes into consideration the value of the property rather than square footage. Another option would be to consider a storm sewer utility where a Utility District would be established and a regular utility fee would be charged to the property owners in that established district, which is what the Cities of Egan and Wayzata have done. He said, "In the cases of a special assessment and Ai Valorem, there must be a demonstrated benefit to the properties involved. In the case of a Utility District, that is not required. Yet another option would be to combine any of the options I nave mentioned." Butler asked Cook if there is any basis for looking at tha drainage issue from a larger picture for the Navarre area. - 5 - If. REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 li?)NAVARRE HEIGHTS DRAINAGE CONTINUED ' “"’"coTstated that Staff had mat wtth the paople on T.90 Roaa aid determin-?d that there a problem ;that area. He said, "It is our belief that the problem on Togo Road is independent o the Livingston Avenue problem and should be addressed separately. The City will provide some ditching and minor repair work in that Thriroperty owner in that area with the worst proolem has indii'ated that^he would be willing to do some grading on his lot. ie informed him that we would stake the property to give him some guidelines. I do not think there is need to complicate the Liiingston Avenue problems by adding the Togo Road problems. LivingstirAvenuf co?l°/be^ldr«sed%y°o^^^^^^^ ani/ordft'chin,, and landscaping. Cook replied, "Yes it could be. The swa.e would go across the Cuffs’ Lot 17." Butler asked if there is some way to engineer a ^wale so that it would provide a dry buildable area on the lot, without causing severe Losion. Sne added, "I would think that everyone would happy with the project ir the only cost was ^ landscaping contractor to re-contour Lot 1/ to accommodate the Lainage. Of course, the drainage can only be accommodated insofar as it does not affect the properties downstream. I would be more concerned about the City s potential ^ ^ for the pcoperties downstream. If the City does anything, it should be done correctly, or not at a.'l.” that are experiencing water problems. Butler asked if a 4,'5ths vote would be necessary to get the project started. project. Butler asked what are the project cost estimates and by how many properties would that sum be divided. cook replied, "The project cost estimate is $32,500." - 6 - i- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (|2)NAVARRE HEIGHTS DRAINAGE CONTINUED Gerhardson noted that amount is only for construction and does not take into account easements that we will have to acquire from approximately two or three properties downstream. Co^k statsd that there are approximately 40 lots, but that some property owners have more tnan one lot, so tnere ate approximately 30 property owners. Jabb'our stated that if the Council is unable to attain a 4/5ths vote in favor of the project at this point of the process, it would be unlikely that such would be the case when the project is to be ordered. Butler stated that the only way the City will have a more realistic idea of the pronect costs, or how many residents would be in favor of the project based on that cost estimate, is to advertise for bids. Mayor Peterson stated that it has come to her attention that the owners of the property prior to Cuffs had also approached the City about water problems they were experiencing. She asked Karen Cuff when they purchased the property. vl':uff stated that she and her husband purchased the property in 1980. Mayor Peterson stated that the drainage on this property has not become a problem since the Cuffs purchased it. Callahan stated that it is apparent that the Cuffs have a problem, but that the problem has obviously existed for some time. He asked Gerhardson if anything on ti^e property has changed. Gerhardson replied, "No, nothing has changed. In fact the basement in that house was having problems when I first started working for the City." Callahan asked, "Beyond the fact that the underground pipe will take the drainage below the ground surface and confine it, what other benefits would the project offer to the neighborhood? Will it provide any physical benefit to the other neighbors?" Gerhardson replied, "Not any benefit that they would notice." Mayor Peterson stated that there is a driveway on the west side of the Cuffs' property. She questioned whether that driveway p.lays a role in the drainage problems and if it would drain into the storm pipe once it is installed. - 7 - 'iML REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (12)NAVARRE HEIGHTS DRAINAGE CONTINUED Gerhardson replied, "The Caffs could make some changes on their property that v/ill direct that water into the storm pipe." Cook added, "The street water will get to the basin. If there is water coming from che property to the west, that will still drain toward the Cuff property and onto their back yard." Callahan suggested that it may be worth while for the City to look into a more c«>mprehensive approach to the drainage problems in Navarre as a whole. Jabbour questioned whether there will be enough interest in the project to warrant a special assessment to the neighbors. He added that it has b*3en his understanding that an assessment should not exceed the benefit to the property owner, and that in this case, that Public Works Director has stated that the benefit will be minimal. He said, "When consideration of this project began, there were more residents interested in participating. I could see ordering this project if there is a threat to the public's health, safety and welfare, but that does not appear to be the case." Bernhardson stated that the plans and specifications are nearly completed and suggested Council may wish to advertise for bids. He offered to provide Council with further information regarding sewer utility financing if they wished to consider that as an alternate method of financing. Mayor Peterson asked why storm sev;er was not installed with the sanitary sewer project. Cook replied, "From what I can determine, at the time the sanitary sewer was installed, the existing road was restored and that was it. There ware no curb, gutters and storm sewer projects then." Goetten asked how many parcels ’ ;i chis area could still ba subdivided. Bernhardson stated he would have to research that further. It was moved by Butler, seconded by Mayor Peterson, to direct Staff to undertake advertisement for bids for close May 8, 1991, an that such bids be valid for a minimum of 60 days during which time the Council can hold a public hearing, and if desired, adopt a special assessment to give a 30-day waiting period prior to determination as to whether or not the project should be undertaken. Callahan stated that he concurs with Councilmember Jabbour in that there is not a basis for Council to act in the preservation of one property. He did believe that the property - 8 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (|2)NAVARRE HEIGHTS DRAINAGE CONTINUED could included a*: such time t.^ie City undertakes a tore comprehensive solution no the water drainage probiets in the Navarre area. Butler stated that the motion provides for more or less of a straw poll, because if there are not enough residents interested in the project, it dies. Mayor Peterson stated that she favors the motion because the Cuffs have done a lot of work to initiate the project. She clarified that her vote this evening does not necessarily mean she will vote to order the project. Goetten stated that she would view this project as the initial stages of addressing the overal.’. Navarre water problems. stated that if the costs are too high, she would have to reconsider the options. Jabbour stated that he agrees this is a form of a straw poll, but that the Cuffs have been given an indefinite answer for too long. He added that the Cuffs are in the midst of construction and could incorporate corrective measures into that project if they knew that the storm drainage project would not occur. Jabbour stated that he v;ould reverse his opinion, if over 50% of the neighborhood approved the project. Motion, Ayes-3, Jabb«3ur, Callahan, Nay. Motion passed. (#4)CONSENT AGENDA* Butler requested that item #5 be removed from the Consent Agenda, and that items #18, and #19, be added to the Consent Agenda. Goetten requested that items #20, #21, and #22, be removed from the Consent Agenda. Mayor Peterson and Goetten stated that they would like to discuss item #18. Butler agreed to leave item #18 on the Regular Agenda. It was moved by Butler, seconded by Goetten, to approve the Consent Agenda, with the exception of items #20, #21, and #22, which were removed and discussed in the sequence shown on the Agenda, and item #19, which was added to the Consent Agenda. Motion, Ayes-5, Nays-0. Motion passed. (#5*)APPROVAL OF MINUTES Butler noted an error on page 11, paragraph three, where line four is an incomplete sentence, and asked that it be corrected. It was moved by Butler, seconded by Mayor Peterson, to approve the Minutes of the Regular Council Meeting held March 11, 1991, as amended in accordance with Councilmember Butler's request. Motion, Ayes-5, Nays-0. Motion passed. - 9 - Lit: S' I f- p.'t: li’ REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 PARK COMMISSION COMMENTS (#6) SANDY BEACH SWIMMING BEACH ^ Richard Flint, Park Commission Chair, was present to discuss formal Public Hearing ia November. Flint said, *he prooiem is that there has been abusive language, noise, and property damage from young teenagers that use Sandy Beach. The Park Commission has recommended that the beach stay open, but that no aock be installed during the 1991 season. We are also recommending tnat the beach be closed at 8:30 p.m., and that a request is made for increased police patrol." Goetten asked Flint if anyone has been able to determine whether the teenagers causing the disturbance are from tne Sancy Beach area. Flint replied, "I do not know where they live. Tney are fairly young, which indicates that they do not come a long distance. They come by way of bicycle, rather than a car. Goetten asked for clarification time for the beach to close. She mentioned at one point. regarding the recommended stated that 7:00 p.m. is Flint stated that originally the Park Commission had recommended 7:30 p.m., but that was prior to having input from the area residents. He said, "Many of the residents near Sandy Beach indicated that because of their work schedules, they do not qet home until 7:00 p.m. They stated that they would like to be able to use the beach in the evening, so the Park Commission a9r06d to close it at 8:30 p,rn. Cheryl Granning, 3898 North Shore Drive, stated that she has lived in the area for 14 years and has enjoyed using the beach. She requested that the dock be installed. Goetten asked Ms. Granning if she recognized any of the children that were causing the problems. Granning replied, "I have never seen them. I have observed some kids fishing there, and wa told them not to. That is the only incident I have witnessed." Goetten noted that the Grannings do not live adjacent to the beach. Richard Nelson, 3908 Cherry Avenue, stated that he lives on the property immediately north of Sancy Beach. He said, I would like to say that none of us living adjacent to the beach wish to - 10 - t.i: REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#6)SANDY BEACH CONTINUED restrict access to the lake for others, nor do we want to see the beach closed. My wife and my neignbor have both been subjected to rather severe verbal harassment. W;; are asking that the dock be removed because we feel that it is an attractive nuisance. It seems to be the focal point for a lot of rough-housing. I think it is true that the children that are causing problems are not from the immediate area. We feel that, though we want the public to have as much access to that be ich as possible, we deserve to have a break in the evenings from this undesirable behavior." Jabbour asked Cheryl Granning to state what benefits she derives from having the dock at the beach. Granning replied, "The kids like to sit on the dock in the fjun, and I have sat on the dock reading. Tne children tie their swimming toys to the dock." Mrs. Feldman, whose husband wrote the letter to the City, stated that it would be helpful if those that want the dock, would participate in patrolling the beach. She stated that the immediate neighbors get no cooperation from the other people that use the beach. She said, "There will be other people at the beach when these children will come down with their skate boards and go off the end of the dock. Tho children have no respect and mouth-off whenever they are spoken to. VJe have tried for three years to get along with them, but .t has been impossible." Mayor Peterson asked Mrs. Feldman if she has phon>;d and requested additional police patrol. Mrs. Feldman stat«5d that she has called the police on several occasions, but it has not helped the situation. Goetten asked Mrs. Feldman what time of day the problems at the beach are most likely to occur. Mrs. Feldman replied, "I work all day, so I only notice the problems from 6:00 p.m. to dark. I cannot even sit outside in the evening and read. We have followed a couple of the children home in the evening, they do not live that far away." Jabbour stated that he passes by the beach on a regular basis and hes observed boats tied to the dock on occasions. He said, "I am very concerned about the aspevnt of boats being brought into a swimming area. Boats are not allowed in that area, so in my mind the dock poses more than just an attractive nuisance, it may be creating hazardous situations for swimmers." Dale Woodbeck, 1445 Cherry Place, stated that he has children that are nine and four years of age that use the beach. - 11 - ly REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (16) SANDY BEACH CONTINUED , ^ ^ f He said, "Fundamentally. I would be opposed t>. turther limitations on access to the lake. It seems to me t!;at there should oe a middle ground for addressing this proolem. .ornaps a confrontation with the parents of the problem children would accomplish something. If you restrict the children from t.^is location, they will go elsewhere and cause the same problems. Mrs. Feldman stated that the teenage children’s parent are not home when the problems occur. Woodbeck stated that he would like to see the dock installed this year, but would be agreeable to the proposed 6:j0 p.m. closing of the beach. He suggested installing the dock in such a way that there would be water between it and the sfore. Gerhardson stated that people wishing to use the dock for recreational purposes may not wish to walk in water to access it. Jabbour suggested placing the dock parallel to rather than extending it out. the shore. Beth Nelson, 3908 Cherry Avenue, stated that she has been the subject of sexual harassment. She said, "V\/hen my husband is home, the children make no comments to me. However, when I am home sitting on my deck, I hear language, directed to me, that I would not even quote to anyone. Tnat is when I am wearing a sweat suit, I would not dare to wear a swimsuit. The boys use my lilac bushes for a toilet. I have tried to be reasonable and talk with them and it has gotten me nowhere. Granted, the problem does not happen 24 hours a day, but when it happens, it is rude. I do not want my daughter exposed to that when she is playing in her own yard. I want everyone to have access to the beach, but we have a public facility that has no public control. I cannot call the police IS times in one day because these boys will not listen or behave. The boys are between the ages of 11 and 14. It may be a coincidence, but a few ti.mes that we have been gone, our property has suffered some vandalism. I cannot prove who did it, but it seems odd that these occurrences seem to happen on the same day thaf: I have called the pOj.ice. Goetten stated that the behavior should be reported and something done about it from a policing standpoint, rather than removing the dock. She said, "No one should be subjected to such behavior, and it should not be tolerated. I am concerned about limiting public access to the parks and beaches. If there are rules posted on the beach, the children should know that they must comply with those rules or they will be reported." Maureen Bellows stated that she does not li/e near Sandy Beach, but is an Orono resident with young children. She said. - 12 - r' K t 'f- i’ REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (16)SANDY BEACH CONTINUED . . *’I t’link the City provides limited recreatr.onal opportunities for the citizens. Rather than removing a recreational resource, T think the City should consider its responsibility in this situation aid either have the beach more closely patrollea with police officers, or hi_e a lifeguard. Perhaps Park funds could be used to financially address the cost of a lifeguard." Mayor Peterson questioned how the posting of a lifeguard may affect the liability of the City. Barrett replied, "If the City were to post a sign indicating the hours during which a lifeguard would be on duty, and that swimming at other times is done at the swimmer s own risk, there should be no increase in liability to the City. Jabbour reiterated his suggestion about placing the dock parallel to the beach. He stated that there would still be a dock to use, but that it may pose a problem for boaters ana skateboarders. Gerhardson replied, "I do not believe we could put as much dock in if we were to locate it horizontally. We do not have sufficient right-of-way and the dock must be ten feet from property lines.” Mayor Peterson asked if a buoy system could be ised to keep boats out of the swimining area. Gerhardson stated that there are buoys in that location now. He said, “If we were to add anything more, it would be difficult to do, as well as costly." Goetten stated that she is not opposed to the dock and would prefer to keep public accesses open. She said, 'The City needs to take responsibility for this situation. I agree with closing t.he beach at 8:30 p.m. and would like to see increased police patrol of the area.” Mr. Nelson did not believe that increasing police patrol would solve the problem. He said, "If the City does not take away some of the attraction for that particular age group, there will be no way to solve this problem. V^e are not asking for much. '• Jabbour disagreed that eliminating the dock constitutes limiting access of the beach to the public. He stated that the beach is unique in nature because it is not visible from the road. He said, 'The other beaches in Orono that are visible from the road do not have this kind of problem. I do not see how removing the dock is taking away anyone's ability to use the - 13 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#6)SANDY BEACH CONTINUED beach o** swim in Lake Minnetonka. In addition to the safety concern I have regarding boats, I am also concerned about injuries that may occur from someone diving off of the dock. T le Park Commission has put a lot of time aid effort into their recommendation and I agree with it. I am not here to public access, but given the unique character of this particular beach, I feel it is necessary to remove the dock." Gerhardson stated that Sandy Beach currently closes at 8:30 o.m. He noted that closing time resulted from a recommendation when this issue was previously reviewed two years ago by the Park Commission. Butler stated that Sandy Beach is unique and a-jked Bernhardson if he could provide some cost estimates for hiring a lifeguard. She said, "The lifeguard would have to understand prior to accepting the position that their purpose does not only pertain to swimmers, bat also to make sire that everyone using the beach abides the rules." Goetten questioned whether posting a liieguard at this beach would set a precedent. Butler stated that if other residents can provide a long history of similar behavioral problems, at a beach with limited visibility, then we would have to consider i:. She asked Bernhardson how Park Dedication monies are being used. Bernhardson stated that Park Dedication funds can only be used for capital purchases, repair and maintenance. Park Commission's The motion failed It was moved by Callahan to accept the recommended course of action for Sandy Beach, for lack of a second. It was moved by Goetten, seconded by Mayor Peterson, to table this item until the April 8, 1991, Council meeting. Staff is directed to provide Council with cost information with regard to posting a lifeguard and present it to Council at that meeting. Motion, Ayes-1, Callahan, Nay. Motion passed. OTHER Richard Flint reported on the status of the bike trails. He stated that the Park Commission has been working with Hennepin County in regard i'.o construction of a bike trail from B,iker Park to the Luce Line. He said, "The cost of that section of trail, if we were to pay for ourselves, could be as high as $300,000. However, we believe that by tying the trail in with the County, that they may pay for as much as 80% of that cost. I lave met with Hennepin County personnel on two occasions. They have - 14 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 OTHER PARK COMMISSION COMMENTS CONTINUED indicated that they do not have funding at this time, but I think they will put a high priority on this project. I have been told that we may not only receive assistance in the form of money, but we may also receive staff to help us design the trail. According to John Gerhardson, we will probably be able to use bridge fund monies to widen the bridge that goes over the railroad track. We would welcome any input from Council regarding this project. The Luca Line/Baker Park connection seems logical and v;ould serve as a backbone for future connections. Tne County would ultimately prefer such a connection because it could also connevst to Noerenberq Park." Mayor Peterson asked Flint if the estimated $300,000 would include some method of safely crossing Highway 12. Flint stated that there is now a stoplight in the location where the trail would cros?- Highway 12, but that nothing else is planned at this time. He suggested that an overhead bridge could be requested at the time Highway 12 is upgraded in that location. Flint noted that the cost of the trail, if constr.cted at this time, would be approximately $75,000/mile for four miles. Jabbour asked if the trail would be ir. .orporated into the shoulder of the road, or separated. Flint replied, "The trail would be detached from the road. That is a much safer option, though it is less expensive to widen the s.houlder of the road." He stated that the City had secured an easement for the trail at the intersection of V^illow and County Road 6 from the Fullerton Properties development. He said, "One of the conditions of that was, however, that we would provide another section of trail equal to the easement. We are currently looking at a trail section from VJillow to the? School property. However, the property needed for the trail is privately owned and the property owners have been unwilling to grant us an easement." Flint reported that the Park Commission will be presenting a proposal for Bederwood Park playgrouiid equipment, at an approximate cost of $20,000. As a final note, he stated that the Park Commission is continuing to meet with the School District, and other Park Commissions within the School District, in an effort to coordinate Orono parks with trails and parks in other communities. PUBLIC COMMENTS: None. - 15 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 i-;' if }■ ' - I ZONING ADMINISTRATOR'S REPORT: (#7*)ZONING FILE #1497-TOBERMAN PROPERTY 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT It was moved by Butler, seconded by Goetten, to table consideration of this application until April 8, 1991. Motion, Ayes-5, Nays-0. Motion passed. MAYOR/COUNCIL REPORT: (t8)PLANNING COMMISSION INTERVIEWS Mayor Peterson stated chat Howard MacMillan had indicated his inability to attend the meeting this evening, and that he will be asked to attend the April 8, 1991 Council meeting. Jabbour noted that Planning Commission member Ed Cohen was also unable to attend this evening. Charlie Kelley stated that Mr. Cohen has requested the opportunity to be interviewed the same evening as Mr. MacMillan. Mayor Peterson explained the interview process she would like the applicants to follow. She then asked Planning Commission member, Jim Hanson, to address the Council. Jim Hanson stated that he has served on the Planning Commission for nearly four years and is seeking re-appointment. He said, *'I enjoy this kind of work. My family has lived in Orono since 1977. v;e built our own home, and I was employed as a building contractor for eight years. I believe that my experience as a contractor provided me with a lot the knowledge and skills that I bring to the Planning Commission. The first involvement I had with the City as an active citizen volunteer, was in 1980 or 1981, wh n I was asked to participate on a Board of Review. I enjoyed that process, and in the mid-80's I decided that I would like to serve on the Planning Commission. I believe that my hands-on building knowledge, coupled with my interest in planning concerns, are valuable to the Planning Commission. I have attended two workshops in the last couple of years pertaining to planning. I believe that the Planning Commission consists of an unusually strong, well-coordinated group of people, and that we work together efficiently. Even though Chairman Kelley and I do not always see eye-to-eye, I admire his leadership capability. I feel the same about Maureen Bellows. I enjoy working with them and would like to continue working them. I'm sure some of you are aware of my evolving set of opinions pertaining to certain issues. Fundamentally, I have no - 16 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 u u''\- ‘ ■■ ' (|8)PLAMNING COMMISSION INTERVIEWS CONTINUED issue with the City's Comprehensive Plan. I think the Plan is appropriate and is strongly supoorted by the residents. I do have some reservations about certain portions of it. I question whether some areas of it are working as intended and whether there are some areas that need to be reviewed. I would be happy to state those more specifically at Council's request. I am now seeing where the City may begin to better utilize the various skills of people on the Planning Commission and Council. It is my opinion that in the past years the Planning Conunission' s main function is to serve as a variance committee, and has not had an opportunity to be involved with planning. I am encouraged at the aspect of looking at other issues and participating in joint meetings to determine the role of the Planning Commission." Mayor Peterson asked Hanson to state the areas of the Comprehensive Plan that he would like to see reviewed and discussed. Hanson replied, "I am referring only to review and discussion of these areas. One of the areas is the handling of private versus public roads, and the other is whether the Comp. Plan has provided the City with the guidance to grow in the manner we would like. I am not referring to population, but more to maturity. With respect to roads, during the period of 1980 and 1990, the number of miles of private roads increased by 80% to 12.37. A part of what I believe a city should provide its citizens in the way of services, is that it provide for the public safety. That comes in the form of police and fire protection, both of which require adequate road systems. A third element is providing for the recreational needs of the city's inhabitants. I have questions as to whether the process that this City goes through to maintain private roads is appropriate for the city as it develops. I have only begun to question this within the last couple of years, because the system does not seem to be working. Another area that I think the City may wish to address, which is a consequence of the Comprehensive Plan we have in place, has to do with the fact that the average valuation for a new construction residential building permit :.n 1990 was approxima'iely $340,000. Tf that is the stated value on the house itself, and you then consider the cost of the lot, it does lead me to wonder what the City is doing to provide for all the citizens of our city. I believe that some characteristics of the Comprehensive Plan have lead to high land costs. I am not saying that is wrong or right, it just is." Butler stated that some of Hnnson's points were valid in - 17 - ’•i'- ■r'* I- r r ^'■Lv j K >■: REGULAR CITY COUNCIL .MEETING ht .iJ MARCH 25, 1991 (|8)PLANNING COMMISSION INTERVIEWS CONTINUED that the Comprehensive Plan w-is designed to be a living document", and something that would be constantly up for review, challenge and change. She said. "I believe that most people have a tendency to look upon it as a Bible. I do not believe it should be treated that v;ay. Times do change. Butler and Goetten agreed that the issue of roads needs to be addressed. As a final noted. Hanson stated that due to resolution of a family project, in which he was involved, he would have more time to dedicate to the Planning Commission, and looked forward to receiving more planning education. Mayor Peterson asked Charles Suhroeder to step forward and address the Council. Mr. Schroeder referred Council to a letter and resume he had sent to the City setting forth his interest and personal information. He stated that he and his family had been away from Minnesota for several years, and had returned two years ago. He said, "VJhen we were looking for a place to live, we chose Orono because of its unique rural character. It is my wish to see that rural character maintained, that interested me in serving on the Planning Commission. l believe that my business experience has left me with some good analytical capabilities. I think I can bring a fresh perspective to the Comprehensive Plan, which I have read. The Plan seems to be complete and thoroughly considered. vath respect to the Highway 12 corridor selection, I believe that from the point of having a negotiating tool with KNDOT, we should put-h Highway 5:i as the option to be considered first. In the event MNDOT disregards that option, we could fall back on a modestly upgraded Highway 12 and Highway 6. If you look at Highv/ay 12 ii. terms of hardcover, and calculate what two extra f.anes of Highway 12 would produce, you would find that five miles long with 15 foot lanes would total 700,000 s.f. of new surface. If you equate that to new housing, it puts the project in a different light, especially when you consider the amount of runoff that would flow off that surface into Orono. That may be one argument that could be presented to MNDOT. Mr. Schroeder stated that he did not wish to address the facilities needs, simply because he is not familiar with the needs. He did add that he is mere than willing to become involved in that issue and would learn quickly. Goetten stated that she v/ould like to see tlie Planning Commission become more involved and take a more active role in - 18 - r I- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#8)PLANNING COMMISSION INTERVIEWS CONTINUED the City's issues. Sne said, "More involvement will mean more meetings and an increase in the amount of time the position will require. I would like to think that you are here this evening because you are willing to '’edicate your time to that purpose. I would also hope, in the event you are not chosen, that you would seek other positions as vacancies occur.” Schroeder replied, "I would devote the time needed, given this a lot of -ronsideration and feel that if one take the time, then it is useless to serve." I iiave cannot Goetten asked Mr. Schroeder if he had an opportunity to speak with Jeanne Mabusth, the City’s Zoning Administrator. Schroeder replied. ’’Yes. I have spoken witn Jeanne. My interest in serving on the Planning Commission developed over the last si.x months a =; I began to get involved with the Highway 12 issue. Mayor Peterson recognized Peter Rennebohm and asked him to make his presentation. Mr. Rennebohm stated that, like Mr. Schroeder, he too was nsv/ to the area, having lived in Orono since 1972. He stated that his family has built four homes in the Orono area over the pa.st 18 years. He said. ’’Though I have not been actively involved in the municipal process.- I have been an observer and am interested in participating to a greater degree. Now that my children are grown, I have a bit more time to dedicate to the City. I own a business that deals with construction-related tools and equipment. The business is somewhat self-sufficient which has also provided me with some additional personal time. I am prepared to do whatever may bta required, and that does not only apply to this particular vacancy, but in the municipal process in general. I am concerned about the Highway 12 issue, and would ba remiss and not entirely honest, i' I did not say tha-. I am here in part because of that issue. Having lived here as many years as I have. I am concerned that -ve continue to maintain the distinct rural versus urban areas around the lake. What I see in the Comprehensive Plan are ra-occurring statements and themes that relate to preservation. I was impressed with the scope of the document and the obvious hours that somebody or some number of people spent drafting it. I would like to be reassured that whomever is involved in the City process keeps preservation in mind. I read the Comprehensive Plan as a mandate of the people. It is a living document, and notad terms within it stating that it is not a staged growth document. I believe that is true. I would like to see continued interest and a pro-active stance from - 19 - Hilliin ir'iln i'lhi REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991(#8)PLANNING COMMISSION INTERVIEWS CONTINUED the Planning Commission aTd Council so tiat reactina to events as they arise. tiie Ci-tv IS not In conclusion I would say that the H^ghway 12 issue is going to affect all of us one way or another. I cannot honestly conceive that any resident of Orono would be in favor of any of the proposed routes I ha/e seen, other than Highw'iy 55. The hardcover issue is going to pose problems and affect what I nave read in the Comprehensivi Plan is a very delicate balance in this entire watershed area." Mr. David Rann and J-inice Berg were not present. Jabbour stated that it is refreshing to see the caliber of oeople coming forth to volunteer for such positions. He thanked the applicants for their interest in the City. Mayor P.'iterson echoed Councilmember Jabbcur's sentiments. Hanson added that he had not addressed tne issues ot Highv/ay 12 and the city facilities. He stated that his position on Highway t2 has been well documented through his participation v;ith the Planning Commission. v;ith respect to now city facilities, he stated that there is a dire need for new facilities and urged the City Council to move swiftly in that direction. (#9)TOI^n< MEETING Mayor Psterson explained that the purpose of this item being included on the agenda is to give Council an opportunity to compile a list of topics for discussion at the Town Meeting. Goetton felt that no matter what preventative measures Council takes prior to the meeting, people will still attend the Town Meeting in hopes of discussing Highway x2 and/or City facilities. She suggested that Council could provide a brief update of the major issues currently before the City, and then state specifically that no questions will be taken. Butler suggested that could be accomplished by preparing a position paper to distribute to people that come to the meeting. Jabbour stated that any discussion at all about Highway 12, may result in that being the only topic discussed and nothing else. Gc* 1^not ha- will n' anyone ■i ... . •^n stated that some {.•‘'•.:p].e that come to be meeting may iad the paper, and would not know that certain topics discussed. She said, "I would not want to disappoint came to the meeting hoping for updated information on - 20 - : ?-■ L [y i,. REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (t9)TOV/N MEETING CONTINUED Highway 12, or the issues." Mayor Paterson agreed that Council should make i brief statement at the beginning of the meeting to update everyone in regard to the major issues before the City. Goetten suggested that it may be beneficial to the •esidents in attendance of the Town Mseting, if Council provided information abo.it the Park and Planning Commissions, including the names of the m.^mbers for each. She also stated that the subjects of building permits, and a City newsletter may be a good topic to include on the agenda. Jabbour offered the suggestion of including information about septic systems and the new City Septic: Inspector. Mayor Peterson suggested that people may wish, to discuss the City's recycling program, and that the topjc of chemical fertilizers could also be addressed. Sne asked Cnarlie Kelley and Maureen Bellows if either had any suggestions. Kelley suggested that the residents may be interested in finding out more about the City's finances and credit rating. Goetten and Jabbour agreed that the City could inform residents about the LMCD and the City’s relationship with them. Butler suggested that information could be handed out indicating the meeting schedules of th*. Planning Commission. Park Commission and Council. Goetten agreed with to include the meeting Committee meetings. Sutler and thought it might be helpful schedule far the variou.n Highway 12 Mayor Peterson a.-iked Council which Staff member they believe shou..d attend the Town Meeting. She suggested Mark Bernhardson, John Gorhardson, and Jeanne Mabusth. Sherokee Use asked if it is Council's intention to publish the list of discussion topics in the newspaper. Mayor Peterson indicat*?d that the li.st of topics v/ou .d be published. Sherokee stated that handouts are valuable, and suggested that information pertaining to City Staff, building permits, etc. could be prepared in the form of a handout, which could be given to the residents attending the meeting. - 21 - I’ [■' '•t ii- p k. /I'- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (l9)TOWN MEETING CONTINUEDButler, seconded by Mayor Peterson, to direct Staff regarding the Town Meeting currently scheduled for Aor?r 6, 1991 fror. 10 = 00 a.m. to 12:00 pn=. at t.ne Orono Highschool cafeteria. Motion. Ayes-5, Nays-O. Motion passed. (tlO)JOINT COUNCIL/PLANNING COMMISSION MEETING BernLrLon a^Ked Council if they wished ^,o have someone present to take minutes at the joint meeting. Barrett informed Council that they are not required to have someone present at the meeting for that purpose. It was Council's consensus that having a recorder present at the Joint Meeting t.^ take notes and prepare minutes is not necessary. It was moved by Butler, seconded by Goetten, to hole a ]oint breakfast meeting with Planning Commission at the Art Center on April 20th at 9:00 a.m., and indicate items that they would like for discussion. Motion, Ayes-5. Nays-0. Motion passed. /§1l)199X STRATEGIC PLANNING/ADMINISTRATOR 1990-91 REVIEW Mayor Peterson stated that she v/ou d contact eac Councilmember with respect to the City Administrator s review. Council agreed and Mayor Peterson asked Kelley to relay any comments that he may have, once the Planning Commission has review6d the information. Council accepted the information presented by Bernhardson, and took no formal action. ^FHER Goetter. stated that the City should invite the City of Long Lake to the Town Meeting. She also asked what the oing in respect to the preparation and presentation of plaques to former Counciimembers. Bernhardson stated that the plaques are now completed and that a presentation v/ill be made in the near future. Jahbour stated that the Council has been actively involved issue and have been properly informed. Jabbour said, it it - 22 - inr >!■ ri ^>•^;■.. . -. REGULAR CITY COUNCIL MEETING HELD MARCH 25. 1991 MAYOR/COONCIL REPORT-OTHER CONTINUED should happen that m.ire than two CounciImembers wish to attend any of these meetings, then perhaps \/e should post the meeting, which would be conducted as a work session. I want to see the comradeship cf this group continue." CITY ADMINISTRATOR'S REPORT: (#12)HIGHWAY 12 CORRIDOR PROCESS-PLANNING COMMISSION Bernhardson informed Council that Planning Commission Chair, Charlie Kelley, and Vics-Chair, Maureen Bellows, were here this evening to present to Council the Planning Commission's recommendation regarding the Highway 12 corridor." Charlie Kelley stated that ha has been involved with this issue since the time the 1984/85 Corridor Study was done. He said, "Since t!iat time, several of us have attended different meetings at the Orono Highschool, and other locations. In January, 1991, the Planning Commission was formally asked by Council to become involved in this issue. The Planning Commission scheduled three meetings during the month of February to address the issue. The February 6, 1991, workshop provid«?d an opportunity for the Planning Commission to become better informed of the issue. The February 20th Public Hearing provided an opportunity for the residents to express their opinions. Tne Planning Commission made so.me comments, but did not make a recommendation. The purpose of the Planning Commission meeting, which took place on the 27th of February, was to give us the opportunity to discuss the issue, consider the public testimony received from the Public Hearing, and co.me to a consensus recommendation to present to Council." Kelley referred Council the March 11, 1991, memo outlining the Planning Commission's recommendation, and the basis on which it was made. For the benefit of those members of the audience that had not seen the Planning Commission memo, Kelley read the policies and goals which \tere incorporattjd into their recommendation. He also r^ad the corridor location recommendation of not only the majority vote, but the minority opinion as well. V^ith regard to the recommended design of the upgraded road, Kelley explained, "Thi: Planning Commission unanimously agreed that we did not want a freeway. We took the two extremes and left the area in the middle gray. That may be a negotiating factor for Council to use with MNDOT. We considered a freev/ay to be the same as 1-94 going to St. Cloud. It has wide medians and ditches, and controlled accesses. However, we also realized that a two lane road will not sufficiently handle t.he amount of traffic on this road. Because we did not have the traffic counts and engineering expertise, we could not determine when the number - 23 - r ' rf REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 smroad. V/e did not co;:ie to any conclusions, but did compare the future road to existing Highway 7. as it extend^s from^xcelsior through Minnetonka. Another example might be th^. Old Highw=iy 12 in Wayzata that runs by Perkins. The Planning Commission agreed on the term "minimum width right-of-w-iy roadway . It was our opinion that no matter -hat design is decided upon, should be construct«jd with.-.n the least amount of right o*. way that is allowed b'' MNDOT standards. The Planning commission preferred to have ' posted speeds at 40 or 45 rather than 55. The Planning Commission would also like to see stoplights with right and left turn lanes. We strongly encourage the^Council to consider the findings of the modeling and traffic counts in order to determine how much of an upgraae is needed. It is always possible to torture the fscts and circumstances to mLt your needs. The Planning Commission felt tnat the City ought to be certain that the facts are facts, and not wnat someone wants us to conclude from the numbers that we get. I believe that will be one of the most difficult tasks tnat we have. Especially when we extrapolate those numbers out into the future. As I have nantioned before, the City extrapolate the population of Orono :.n 1970 and did not do a very good job. The Planning Commission also discussed Highway ^5. ihe recommendation does not include anything about Highway 55, but it was discussed. We talked about the possibility of diverting some of the east/west traffic that is now on Highway :2 to Highway h5. we considered an option involving a cut-off on Highway 12 3ust outside Delano that wou .d connect to Highw.=;y 55. ^ Dossibility, and from my personal point of view, is something we should look into. I think we need to consider how we can use Highway 55 and Highway 12 to suit the needs of our Community and those west of us." Kelley read tiie section of the memo entitled "Impact on Existing Zoning". He then explained the Planning Commission s oosition regarding the impact an upgrade of the existing corridor wou.'.d have on the City of Long Lake. He said. The Planning Commission had a good discussion on this issue. I think the Planning Commission triad to vie*» Orono and Long Lake as one community because the corridor will affect us all. VJe believe that future consolidation of the two cities makes gooa planning sense for both communities, although we do not know when it might happen. We brought this up as an issue because the Council is looking to us as a Planning Commission trying to address future issues. The minority opinion on this issue v/.as that such a recommendation could be construed by Long Lake citizens as an - 24 - i'pf REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#12)HIGHV7AY 12 CORRIDOR RECOMMENDATION CONTINUED adversarial move or a^jgressive takeover. Ue do not want this issue viev,-ed in that way. It is hooeful i:hat the conversations that a*e ot:curring b«-’tween City Councils for each C.i. ty, will alleviate that conception. The majority opinion believed that such a recommendation may encourage formal discussion between both cities, but thac Long Lake must be made aware of the City of Orono's true intent. L'a included a statement indicating that the City of Orono does not v;ish i:o compete \/ii.h the established commercial community of Long L=ke. but to assist and support its perpetuation. " Butler congratulated the Planning Commission. Council, and audience applauded. Tne Mayor, Goetten stated that she was impressed with what the Planning Commission had accomplished in such a short period of time. She asked Kelley to please convey to the Planning Cc»m.mission members the Council's appreciation for their hard work. Jabbour expressed his admiration for Planning Commission's efforts, especially in respect to the way in which the February 20 Public Hearing was conducted. Kelley stated that the Public Hearing helped the Planning Commission focus on the issue. Mayor Peterson said- "Of all of the comments I received regarding that meeting. n.->t one was negative, even from those that did not agree v/ith the recommendation. Goetten stated that she appreciated the honesty and direct .approach the Planning Commission gave to this issue. Bellov;s asked Council when they intended to take action on the Planning Commission recommendation. S;’.e said, "Due to the sense of urgency that was conveyed by the citizens, we feel that the Council needs to take action on this soon. The residents indicated that they have been out there working very hard for a long period of time. That is part of the reason v/a worked so quickly to prepare our recommendation." Butler stated that she was ready to make a motion to accept the Planning Commission's recommendation. and that it be transmitted to MNDOT as soon as possible. Mayor Peterson stated that she agreed v/ith the recommendation, but wished to remove the language pertaining to the adversarial role the City of Lonj Lake may take toward the aspect of the consolidation of Orono and L?ng Lake. She said, "It is not that I disagree." - 25 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (fl2)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED Butler ajreed that language could be set aside from the rocommendation presented to MNDOT, but that it may be appropriate to include it in the copy sent to the City of Long L=ke. A motion was made by Butler, seconded by Mayor Peterson, to accept the Planning Commission’s recommendation, that it be prepared for transmittal to MNDOT, and that the language regarding the City of Long Lake taking an adversarial position to consolidation of the City of Long Lake and the City ot Orono, be excluded from that transmission. Tiat language shall be included in a cover letter from Mayor Peterson that wi11 accompany the report that is sent to the City of Long L-ake.^ Mayor Peterson stated that out of respect for the City of Long Lake, the recommendation should be sent to them prior to it being sent to MNDOT. Butler agreed, but statad that it will take monger by mail for the information to reach MNDOT tiian it \/ill the City of Long Lake. Goetcen asked if the Planning Commission recommendation constitutes a guideline for the City to follov/. Butler and Mayor Peterson stated that the recommendation represents the City's official position on this issue. Goetten suggested that, due to the sensitive nature of this issue, there be verbal discussion with the City of Long Lake before they are 3 v/ritten copy of the recommendation. She stated that is her only concern, and t'aat she agrees entirely with the recommendation. Jabbour stated that the City of Long Lake should not be unhappy with the recommendation. He added, however, that based on the relationship the City or Orono has had with the City of Long Lake, Long Lake may look upon the recommendation in a negative manner. He stat'Sd that it is important foi' Orono to take its position first, and explain it to the City of Long L=»ke later. He said, "I would like to see Orono take a leading role on this position." Jabbour also suggested sending MNDOT a copy of Orono's Comprehensive Plan to support the recommendation. Mayor Peterson asked Goetten when she anticipates that discussion between Long Lake officials and Orono would take place. She added that she did not wish to v;ithhold the recommendation for another two weeks, Goetten indicated that as long as the cover letter accompanying the document to Long Lake included a sentence stating that Orono understands the importance of this issue from Long Lake's perspective, and would like to verbally discuss the recommendation with them. but felt it necessary to ma’-;e a decision soon as possible, she v/ould not object to sending the recommendation without discussion first. Callahan stated that the Planning Commission has done an e;ccellent job, both in presentation and conclusion. He stated that the purpose of the rocommei'dation is to make MNDOT aware of Orono's philosophy. Hrj eaid, "MNDOT has tried to avoid having the cities take a stand on these corridors. The recommendation does not only indicate our position on location of a corridor, but goes a long way to indicate the type of road we want to see. I wonder if it is - 26 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 y' i: (112)HIGE]WAy 12 CORRIDOR RECOMMENDATION CONTINUED necessary for u;> to take a stand against a certain high\;ay design. *;e are not design engineers, such a recorur.endation nay lead us into a fight with MNDOT over design, and at this point we do not knov; what MNDJT is going to propose. I am not sure that including a reconunendation regarding the type of road we \/ould like, will yield the results v;e want. Perhaps it \/ouid be more appropriate for Council to iadicate fiat \/e agree with the reconunendation. particularly in regard to the corridor location and the necessity to not have any additional east/west arcess, and those items which more directly relate to the location of the corridor. We could then work on a draft to send to flNDOT. I do not feel that we are pressed at this point to get this to MNDOT, and some of the things we will be saying v/ill give them an opportunity to divert our attention.'* Goetten believed that the recommendation, as presented by the Planning Commission, provides the City with a negotiating tool. Callahan stated that the point ''f negotiating has nvat been reached yet, because MNDOT has not taken a position. He said, 'However, once we send this document, we will be making them aware of our position, and yet we have not taken a precise position on design. We have narrov/ed MNDOT's choices. I would vote in favor of accepting the recommendation, even thougn I may not come to the same conclusions regarding the gray areas of design. I would figure th/-.t as the plan develops from our point of vie\/ that we could adgust it as things begin to happen. If I v/ere adopting this recommendation, based solely on what the City would like to do. I would have no problem v^ith that." Jabbour suggested, in light of Goetten's and Callahan's concerns, that it may be appropriate for Council's motion to include adoption of the recommendation only, and reserve the time frame for sending it to MND)T at a later. Butler stated that obviously the document before them v/ould not be stuffed into an envelope and mailed to MND ,'T tomorrow. She said, "A cover letter will have to be drafted explaining our position. When working with the County Highv/ay Department on County Road 15. they had taken a position that the road had to be upgraded to a four-lane. The three Cities got together and provided them \/ith a position that they could do anything \/ithin the existing right-of-way. and that we wanted t.he road paved and striped in accordance with its usage. The County officials were pleased to have had tliat direction and proceeded to do exactly what we had asked them to do." Goetten agreed with Jabbour that a cover letter could be drafted and presented at the April 8. 1991 Council meeting prior to sending the recommendation to MNDOT. She stated that the newspapers will publish the City's recommendation. so the citizens will know. Butler noted that her motion v/as to accept the recommendation and send it to MNDOT, but did not include a specific time for sending it. Mayor Peterson recognized Maureen Bellows. - 27 - REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#12)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED Bellows s^.ated tiiat because the press wUl publish the recommendation, the residents and officials of the City or Long Lake w'll hi* aware Orono's position before any letter can reach them. ' Bellows said. -’The recommendation only states th=it we would like to see a minimum width right-of-way road constructed. We haue not gone into any design details, aid ai.e not telling MNDOT how to build the road. Trie Planning Commission spent a lot of ti.T»e on that portion of the recommendation, and I believe it should remain intact." Mayor Peterson, Butler and Goetten agreed. Goetten stated that she would like the opportunity to review the cover letters that will ar'company the recommendation when it is sent to MNDOT a»d the City of Long Lake. Callahan stated thc-t the recommendation has to be presented in such a way that MNDOT will not misinterpret what they are reading. Bellows stated that the City could "play those games" indefinitely if they try to second guess MNDOT. Callahan stated that it :.s necessary for the City to play those- games if they are to be successful in tneir attempts to get MNDOT to do things the way Orono would like. Bellows stated that she does not w'.nt the City to be n a cg^ctive position. Goetten stated that Orono is the first Cit/ to make a recommendation. Mayor P::terson recognized Charles Schroeder v/ho asked if the recommendation would include anything about. Highway i5. Council simultaneously replied, "No" Mayor Peterson recognized Donald Scott, 2300 Longview Circle. Mr, Scott stated that the Planning Commission's recommendation is excellent, and congratulated the City on taking He urged the City to be forceful, and suggested try to form a united front with the surroundingthis position, that the City communities. Butler agreed to incorporate into her motion that Sraff bo directed to prepare cover letters to MNDOT and the City of Long Lake, and that the drafts be presented to Council at their April 8, 1991 meeting. Mayor Peterson agreed. Motion, Ayes-5, Na/s-0. Motion passed. Greg Kellenburger, Orono Orchard Road, thought the Planning Commission recommendation is "fantastic". He encouraged the City j-Q follow up once they send the recommendation to MNDOT. Ton Allquist, 415 Deborah Drive, also offered congratulations to the Planning Commission on a job well done. He suggested that if may be beneficial f.ur the citizens from Orono, Long Lake, Maple Plain, Medina, etc., to form a coalition - 28 - .WU.- - - -. u. p. f'.: K REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991(#12)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED that could also present a formal, unified position. Goetten stated th=»t she would like to see that happen, but that the City of Orono had to first determine its position before it could work with surrounding communities. Mr. Allquist suggested that Orono may wish to include a position on Highway 55 in the event that route is selected. It was Council’s consensus that the recommendation be left as is without any mention o: Highway 55. (#13)FACILITIES WORKSHOP Callahan and Jabbour stated that they both would like to see Council reach a decision on site locatio i soon, aid suggested that the April 4, 1991, workshop focus on that issue. Jabbour stated that it is important for the City, when determining a site location, to consider the precedent involved if the City must grant itself any Variances. Goetten stressed the importance of trying to v/ork v;ith other communities, in an attempt to share facility space, especially due to the economic status of the Suate. It was moved by Callahan, seconded by Jabboun, to establish April 4, 1991 a.s the meeting for the Facilities Committee. Motion, Ayes-5, Nays-0. Motion passed. (#14)CITY COMMUNICATIONS Bernhardson presented Council v/ith various communicating with the residents of the Community. ootions for It was moved by Goetten, item until April 8, 1991. passed. seconded by Butler, to table this Motion, Ayes-5, Nays-0. Motion (#15)LMCD COMPREHENSIVE PLAN Bernhardson stated that a meeting is scheduled for March 2T, 1991, at 7:00 p.m. , to review t.he draft prepared by the City of Vfayzata. Jabbour asked how many cities are going to submit a revised version of the plan. Bernhardson stated that to his knowledge, only the City of Wayzata has prepared any revisions, and that they have done so on behalf of the "Group of Eight". Goetten commented that there seems to be more attention - 29 - . V. . k:. 9^- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (|15)LMCO CONTINUED ^ , rbeing given to the position that the City of 0*:ono has taken from the beginning, a*id commended Bernhardson, Callahan, ana w»abbour for their efforts in this regard. Council accepted the information presented by E-- -»rdson and took no formal action. (#16)SOUTHWEST DRUG TASK FORCE j Bernhardson provided Council v/ith information regarding the opportunity to participate with the Southwest Drug Task Force, at a minimum cost of $3,400 to become a full participant. Ha said, "Staff 's recommending that we make that contribution and participate this year. Dtiring the 1992 budget process, v^o could look at the possibility of upgrading our participation, \/hich would bring us to a cost of $15,410." Jabbour stated that he would like to have the new chief’s input regarding the program, before making a commitment. Goetten and Mayor Peterson agreed Callahan suggested the City reject the present invitation, but reconsider participation during the 1992 Council activities. Council took no action. (#17)1990 BUDGET AMENDMENT Bernhardson presented information to Council, in response to questions raised at their March 11, 1991 meeting. It was moved by Callahan, seconded by Jabbour, to approve the requested budget amendments to the General Fund departmental budgets. Such amendments result in no increase in the total 1990 budget of $2,924,010. Further, to approve the amendments to the Park Fund, the Improvement and Equipment Oi.tlay Fund, and the Building Outlay Fund expenditure budgets and revenue budgets as presented with the increases to be financed by use of available revenues or fund balance as needed. Motion, Ayes-5, Nays-0. Motion passed. (#18)BRUSH CHIPPER BID AWARD ^ ^ Goetten asked Gerhardson to briefly explain why the City needs to spend $16,000 on a chipper. Gerhardson displayed pictures showing the cnipper s capabilities in handling discarded Christmas trees aiid brush. Gerhardson said. "The City has been burning brush piles, that are equal in size to the Council Chc.mbar room, three to four times a year. Due to new regulations, v/e will not be able to continue doing that." - 30 - r?- REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (|18)BRUSH CHIC>PER CONTINUED it v/as noved b/ Callahan, seconded by Jabbour, to av/ard the bid to Vermeer Sales for one mod=l 1250 Vermeer Brush Chipper for an amount of $16,550.00. Motion, Ayes-5, Nays-0. Motion passed. (tl9«)PROPOSED LEGISLATION HENNEPIN PARKS BOARD OF COMMISSIONERS RESOLUTION «2945 Councilmember Sutler added this item to the Consent Agenda. It was moved by Butler. second»»d by Goetten, to adopt Resolution #2945, expressing its desire to have the Legislature make Hennepin County Parks Board and all-elected board. Motion, Ayes-5, Nays-0. Motion passed. (#20)POSITION RECLASSIFICATION ASSISTANT FINANCE DIRECTOR GOLF COURSE SUPERVISOR This item w^is removed from the Consent Agenda by Councilmember Goetten. She stated that she had removed this item because s.he v/as not familiar wit-.' the duties of the Golf Course Supervisor. Gerhardson stated that he had documentation showing the hours worked by the Golf Course Supervisor. He said, "The main duties of the Golf Course Supervisor a;:e: Maintaining the course, operating the club house, scheduling leagues, monitoring the operation and balancing the finances on a daily basis. Tnose activities occur while the course remains open from the beginning of April to the end --'f October. During the off-season, from October .31 to April; watering system is - ained, the greens receive a chemical tre-tment to prevent snov/ .iiold, at times hay is placed on the greens and they are fenced off to prohibit snow mobiles, equipment maintenance and repairs are performed, and equipment needs evaluated. Plans and specifications for any nev/ equipment required are prepared. Also, during the period from November to’March, the Golf Course Supervisor takes his vacations 'oecause he has no time tc do so during the golfing season. In early February he contacts the golf leagues and begins scheduling. He also contacts previous employees to determine if they wou.'.d like to contin.ie working, and then prepares for opening." Goetten asked v/hat changes had occurred to this position that warrant the reclassification. Gerhardson replied, "During the process of the Comparable Worth Study- Ron was not available to participate ami I completed the questionnaires for him. Since that time, the questionnaires were return-ad and Ron was not comfortable with the results. He went through the process again, and completed the questionnaires on hi.s own. The questionnaires v/ere returned with the points - 31 - P' REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#20)POSITION RECLASSIFICATION CONTINUED indicated." Bernhardson provided a brief explanation questionnaires and the tabulation method. of che It was moved by Goetten, seconded by Butler, tc adopt the 1990. with the wage ra ■ u i jsted t"» Level 6. Str.p III, per hour, retroactive t ^tember 1. 1990; and the Golf Course Supervisor reclassif ii-^ci i.roT Leve. 6 to Level , e ec ive January 1, 1991. Mayor Peterson aaked why it had taken so long for the Assistant Finance Director reclassification to be completed and presented to Council. Bernhardson explainea that the procer>s had begun during budget time, and was therefore delayed. Motion Aves-5, Nays-0. Motion ;^assed. (#21)COMPENSATION ADJUSTMENT-FINANCE DIR JR Councilmember Goetten removed this item from the Consent Agenda. She explained that, in her opinion, such items should not be included on the Consent Agenda. It was moved by Goetten, seconded by Butler, to authorize the compensation adjustment from Step 3 lo Step 4 of Level 12, effective January 1, 1991, for the Finance Director. Motion, Ayes-5, Nays-0. Motion passed. (#22)COMPENSATION ADJUSTMENT-POLICE CHIEF Counci Iraembe^" Goetten removed this item from the v_onsent Agenda, for the reasons she stated in item #21. It was moved by Goetten- seconded by Butler, to authorize the compensation adjustment from Step 3 to Step 4 of Level l2, plus 5^., in accordance with the Cv‘>mpensation plan ^ e^. f ective January 1, 1991, for the Police Chief. Motion, Ayes-3, Nays-0. Motion passed. (#23*)GOLF COURSE LIQUOR LIABILITY-INSURANCE AWARD It was moved by Butler, seconded by Goetten, to awaird the City of Orono Golf Course liquor liability insurance coverage for the policy year April 1, 1991, through March 31, 3 *^92, to the St. Paul Insurance Company at a premium of $ 1,375. .-lotion. Ayes--, Nays-0. Motion passed. (#24*)REQUEST FOR FUNDING WESTERN HENNEPIN COUNTY PIONEERS ASSOCIATION, INC. It w*^s moved by Butler, seconded by Goetten, to authorize the payment of $500.00 ar. outlined ii Attachment A, as the request is within the amount budgeted for 1991. Ayes-5, Na/s-O. Motion passed. - 32 - r r REGULAR CITY COUNCIL MEETING HELD MARCH 25, 1991 (#25*)ROAD WEIGHT LIMIT RESOLUTION AMENDMENT #2946 It was moved bv BJtxer, seconded Goetten, to adopt Resolution #2946, amended, to allow nine ton per axle access on Willow Drive from Highway 1 2 , 375 feet north to the driveway at Otten Brothers Nursery. Motion, Ayes-5, Nays-0. Motion passed. (#26*)MUNICIPAL BOARD PROCESS It was moved by Bjtler, seconded by Goetten, to accept the information provided by Staff related to the Municipal Board process. Motion, Ayes-5, Nays-9. Motion passed. (#27*)3995 NORTH SHORE DRIVE-JOINT USE DOCK LICENSE It was moved by Butler, seconded by Goetten, to table consideration of this item until the April 8, 1991, Council meeting. Motion, Ayes-5, Nays-0. Motion passed. (#28*)DONATION TO CANINE PROGRAM It was moved by Butler, seconded by Goetten, to authorize the acceptance of the donation fr.im Cuo Scout Pack S ! -2 for the Canine Program and direct Staff to send a letter of thanks to the Pack. Motion, Ayes-5, Nays-0. Motion passed. (#29*)ADMINISTRATOR'S INFORMATION It was moved by Butler, seconded by Goetten, to accept the City Administrator'? Information regarding* Navarre Christmas Decorations, Newspaper Coverage, Bjrn Permits, Police Chief Selection, and Park Commission/Thank Yoj Letters. Motion, Ayes-5, Mays-0. Motion passed. CITY ATTORNEY'S REPORT: None. (#30*)LICENSES: None. (#31*)BILLS It was moved by Butler, seconded by Goetten, to payment of the* All Funds* Account. Motion, Ayes-5, Motion passed. approve Na7s-0. EXECUTIVE SESSION At 11:16 p.m. City Attorney Barrett requested that Council adjourn to an Executive Sessic^n for the purpose of discussing pending litigation. - 33 - regular city council meeting held march 25, 1991 adjournment It was moved by Callahan, seconded by Jabbour, to adjourn the Reqular Council' Meeting. Motion, Ay.?s-4,. Nays-0. Goetten M'otion passed, and at 11:26 p.m, the m»?etingabstained. adjourned. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk - 34 - J ! r v; ‘.■I'' Ml !.l F ,[?: ',t ■ r k'- TO: FROM: IMI “^OfOUBKO Jeanne A. Mabusth, Building & Zoning Administrator 3 Mayor and City Council DATS:April 5, 1991 SUBJECT: #1497 Gerald Toberman, Conditional Use Permit 1960 Shoreline Drive - The City Attorney's office has advised th^t they have been unable to contact Mr, Gilbert, Mr. Toberman's attorney, for the past week in order to review pertinent issues involving special conditions attached to the granting of this conditional use permit. The City Attorney's office will submit a copy of the enclosed resolution to Mr. Gilbert on April 5th asking for final comment by April 10th. Staff would once again recommend the tabling of all final action on this conditional use permit resolution until your April 22, 1991 meeting. PROPOSED MOTION - Moved by seconded by Council tables final action on Gerald Toberman's conditional use permit for the property located at 1960 Shoreline Drive until the April 22, 1991 Council meeting. Ayes , Nays -r.vv' • , > r" .. . iny^J^^POPHAM HAlj teei • CH»*0 •TOO Igl^grwMi •#•••••***** «•••«*<-«%•«. •t-OJ |f#9l9f««««« •••«*• ■ •• • ••• ••■*• i:\ [i t-tk )i.0- Ir;- ► 'v-p I kr t iT ?■■ M: r. |■•v ." .*• 1^- ';:r TO: FAX NUMBER: rTg».r>rNA. 0610 PHONE NUMBER:_lii^.l2^S-l FROM J__________ PHONE rTr**^° • 2)3^ * lU3>Vi rBr.0K»>-»oH .!TerJ!S3..fii-^ nombbr of PAces ihcl! cover sheet: COHHEHTSi . cUit-v'.V< 0^\ [Nj U^OaT IF PROBLEMS# CALL V^<»Ufllyv\ -AT 33H-^5w1 Th* lnfot«.tion S,eLl9«‘l8 :S]Etti!n SS!bit;i. If tb. ctivinal t-ess.9* in:‘:Hi;.i~8 a^Ranst::'.... ...»i ........ w [i. ’r t :;* ^V. resolution no. A **®0*’®*^®^m®S^"?987 ’aBD*’S^OTi6h adoksd o» 2j « «. 1978. ahd eaMRUKS C0 “”«2“ 5??, ^ the oroho “”iSri®mDE ^ilSe^TO MWIHG OF A BOAT I960 SHORELIHE. CITT FILE NO. 149^ ffiroiNGS ,«n«A8, smlth-s B., application to tho orono^Orflinance Code to S?Sf(‘5roS;-)*Si“i9 description: I.OT 2, BIOCK 1. TOOBANGEAH ADDITION lOmBAS, « *P«®^*i.^*‘?^*ncil dated June 8,’ 1987, which imnEAS the City Council has ?°”?^J®rase^So.*1497 and the nrers?‘tih?opM^^ mUIyf and Selfa?e of the the effect on values the*^Comprehensive Plan; and MhebBASf due to changed circumstances of LaS^MlnnetonKa ^^?^.hoo^auring said period, amendments »»«•“ . rSSmii t»SeS“irluant to Resolution SS.itpf! tbi ?«diaonf ate now necessary: andthe conai^iwijsj — /9 ..M finds a boat sales/nautical shop ismtBmS, the City Council finds a aeesonol business; and,9onoi o«» ^ Resolution to rescind in i“tiSn No^*961°adopted December 18, 1978; an Its entirety Re.olutlon Ho. 981 a P _ _ _ *” t. fhis Resw lution to continue and DBEjIEhS, it ia the permit granted by Resolution consolidate all conditions bpf this Resolution; and k \ » i'. :SS ?;r?i;e«rofd«i.ion for thU «.e. RON THBREFOM BE I* ‘’H?? ?SeSo?u?ior5^1l«%iled above Findings that ?®??^Sirebv”rescinLd and replaced by this as Document »o._--Lif,aS*and^amends a conditional use permit toResolution which continues and no permitting a boat the subject property Lakeshore Residential zoning «‘='>« »>.«d on the follcwin, conditions: 1. That the property ^®®^^^^®gQ^lJng”as^applicant commences 2 Thet the boet »*l«r»»“*!!«Lsfn^.3es°ora"?n,??«““"' SS?«S «• Spen?“*i=lS5i"9 “e period between April 15 ?Sr«?h “Stober 15 of each year. 3. That -open- 'iS'S'jStSrtSS’iJujrSf'StoS^a'S^^nd* open to the public b«t«M i„giuae Saturday and liSSajr^^St "It^tSrSisiness ».y be dosed at 4:00 P»m. on Sunday. - ^cSr; r^^rr^h^Sv^iSb^s!"- ?o^?I p?od»ityafter 6:000 p.m. on weeikuoi » to residential properties. 5. That applicant shall jin^i-'^^JLrenterJJhe! sustain the business *® knowledgeable and S?«l«cerJ“th:‘’bSsine.s of boat sale./n.utical shop. 6. That the •?^*f®landscapin9*snd*privacy *«“®tnj buffered W “’fjn selbid at ShiSh point a three and S5e-half foot fence ®»'*JJ/°”teflSirsholl*be replaced right-of-way. ?he City* and said privacy Avenue and Shoreline Drive. h 8. 10. 11. 12. 13. 14. 15. “=«eSin$ UjScSnt"?o*U£rs?a?iSn and within rear yard. TMt .pplicnt provid. ?S‘“inco?p5««S%5“ixh"it'?. to rrSJtSS SUSt^^seSS^ veii=le%«Kinp stalls and seven Spaces for boats as follows. (2) spaces 5 through 7 li™iwj '? “2*ueS°‘' ' of 20 feet - no masts to be installed. That »i«"*®*,?®h*^"hielded fcoril! lot^linesf^'^Fire ^iSfiSSll Si poswS *i?h signage approved by the City on east aide of building. That applicant in no '=°J'’®'‘'bSsineSI a? ?96o'”^** interrelate the property, particularlyrhn-ir?hn:?r- s s r^^u g'2?i:jrsr..*n:iii?hsraSSi:g hS fact from time to time they may be in common ownership. That authorities P'*"**^ r’^„jth“the"applieant, but are tun with the P'OP*”^' ?®L eiitclsed by the applicantK'ssnru.r -»i expire on said date. ybat violation of or no"-®»P “--,“i^sS2^l'’coSS?itute r^folSStorSf 0 Sing^coa, shall^^ :SS“rairii%SniS;rie ‘ara’m^XmeUr. That ®J’^5Uno^ZoninrCode^tei^ toprovisions in the Orono 9 ronforming uses# said rsi:!™v“ ••"■•”forth herein as Exhibit C. That thia |*'*iJtached*herein and incorporated « ”^rlari-r?:nf a'?e^S!t=irrieJew ^?%ilii^cS*nSirnaruse permit. -3- r 1. st^ated herein is declared in th« «ven« »"y =“"?£?* Sy a Court, such Invaliastion 2. SS^f-n^Se " waiver of, the ?espect to that particular 1991. Adopted 67 the Ocono City Council on this _ (3ay of April/ Mayor ;■ attest; City Clerk City Manager (195)ZSPS y>- i: ■ :]. irAilhi i- ; i J • • •• • ifii iHVifc ‘Mw«<*jiStfi • ; . ^ , I. I m 1 y/'. /- ■■■.• Ki bv7<i :t| •sv;?'>c' ';;;' '• V.- ill 'ates Avenue 7‘;t|fcs-jfcs'd • f 1960 Shorelin# Drive nnnrrT rr File Ho. 149'^ A8 Approved by Resolution No. »oa«.i,n.a hereby a.eente to the toUo«U,| a. X k- li I• . V I' & e sewee -- - - - -• U * • , have read the concl«ai»ns^"J,=»”?if Srth^nS * SSSSiS^anS fbeI7^;t‘eS« and «itb the content of the exhibits. ...J v,» r-ounsel in matters relatinj I have boon representod >>y Munsei io thio conditional uso permit. 1 fully •‘==*''^h*i;iif*of**Sysnf! w^heirs’'successots and Resolution on ® ,^o %»• recording of this «..._ _ _^By herein accepting ‘ho ter™ a^^conditions^of^this^ Resolution. J h*‘*hy future, relating to ?S:Jjnorpl«"od rtS^ iso of S.ld property. 1 will in no -y •‘^S'io^SpeiiuSrS^isfn'e^s^iy'"* Stated he *ein said business with , failing to failing to maintain required merchandise tL defined -season," orhours of operation during t business. failing to employ staff co op«i.aJL sL WW - I understand that S?‘‘‘°"iJ‘’part,*S?*folio2i:‘'’* "ordinance Code provides, in part. Zoning Chapter be to %»V • ?5?S‘ciniiilini aiSh. Couicil may prescribe. c. A conditional “*• ?*‘g agreed upon are effect as long as the 9°” . . section shall prevent the observed, but amending official controls to ^iailgr'tSeTtftiS^f conditional uses. exhibit b . IT-. : 1 '^ /tr h. i. Hill (ully =?"?i?.“‘*S SMeiitind ”'**a^itloo°"I shall Immediately all actions necessary to of 1.: »s.oxution. railut« to =0?P^?i"y*5hSxrSe'’le*«>«f*».''oJ“"‘Jh^ orovided by the ®2i*.irtnal use permit for theSb.naonn.nt of the conaition.^^^^^^ ^lono, SSr,;rn JSSnSf S!nJt.ot.. »ftrc-crx"t»^ SSfinfns^SftSS’orono *°S‘SS„=foSforiinJ?%.ia conaltion.l >»*. as^Exhiblt C, incorpor.tea yprovisions ate attach 0 herein. reference as it ruiiy Date:ftpp1leant - oetald Ev Tobe man (195)ZSPS 4:r7‘ rk- f'.' • exhibit b exhibit c [JEAN TO PROVIDE) «• r-. I % I'- 1 To:Mayor Petersen & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson C / FroB Jeanne A. Mabusth, Building & Zon nc dministrator Date: Subject: April 2. #1555 c. W. Blanchr Jr. (Landstar, Inc.) Beach Road - Final Subdivision - Resolution - 2501 Old The applicant has fulfilled all conditions of preliminary subdivision approval as set forth in Resolution #2900 enclosed in your packets. Municipal sewer and water lines are in the process of being extended. The applicant has provided the required Letter of Credit and et.-cu^-ed the Developer's Agreement as part of the approval of the improvement project. All required submittals have been received from the applicant or applicant's consultant. Staff would recommend approval of the final plat of The Marsh at Lafayette subject to the findings and conditions set forth in the enclosed resolution. Isv r A RBSOLOTION APPROVING THE PLAT OP THE MARSH AT LAFAYETTE APPLICATION NO. 1555 NBEREASf the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREASr the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHERBASf the City Council has considered the application for a subdivision plat by Landstar» Inc. for their client B. W. Blanchr Jr. (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the LR-IB zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2900. 2. Dedication on the plat of Drainage and Utility Easements 3. Dedication on the plat of rights-of-way for public streets and roads shown as County Road 15, County Road 19 and Old Beach Road. 4. Dedication to the City of a Flowage and Conservation Easement and Open Space Easement over Outlot A. 5. Dedication to the City of drainage easements over the drainageways and wetlands located within the residential lots. 6. Execution of a Subdivider's 'agreement providing for installation of cez ,jin sewer and water improvements as a condition of subdivision approval and the posting of a Letter of Credit written in the amount of 150% of these improvements. 7. Payment to the City of a Par)c Dedication zee in the amount of $1^,912.00. Page 1 of 2 'j.' 8, Payment to the City of $10»000 to cover 50% of the total cost of the 1-1/2" bituminous overlay for Old Beach Road upon the completion of sewer and water improvements. 9. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150. NOW, THBRBFORB, BB IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of The Marsh at Lafayette, Hennepin County, Minnesota, subject to the following conditions; ~r.v*.:ter1. Lot 8 has been created for the future use of the Fr^ Foundation to be developed by either the Foundation or tu be transferred to the University of Minnesota. All future uses of Lot 8 shall be consistent with current B-4 Zoning standards. Access to this site must be approved by the Hennepin County Department of Transportation. 2. All residential accesses to L“ i 3, 4, 5, 6 and 7 shall be j^eviewed and approved by the Public (^orks Director of the City of Orono. 3. Prior to the issuance of building permits for new construction, the extension of sewer and water lines shall have been completed and approved by the City. 4. The aforesaid plat shall be iled by the City of Orono with the Hennepin County Recorder’s Office or Hennepin County Registrar of Titles on or before October 8, 1991 together with a certified original copy of this Resolution and executed copies of* the easements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. V'. T' Dated this 8th day of April, 1991. ATTEST: .V Dorothy M. Hallin, City Clerk Barbara A. Anderson, Mayor Page 2 of 2 1'^ City of OROINO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ ^ r* u u ORONO k M A RBSOLDTION GRANTING PRELIMINARY APPROVAL OP A PLAT AT 2501 OLD BEACH ROAD FILE NO. 1555 WHEREAS, E.W. Blanch, Jr. on June 15, 1990 filed a formal subdivision application with the City for a approval of a 6 lot subdivision (5 residential, 1 cominercial) of property legally described on Exhibit A, attached (hereinafter "property"); and WHEREAS# after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on July 16, 1990 and September 17, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS# at their regular meeting held on October 8, 1990 the Orono City Council considered the subdivision application of E.W. Blanch, Jr. noting the following findings of fact: 1. The property is located within the LR-IB Single Family Lakeshore Residential Zoning District requiring a minimum of 1 acre of land within each newly created lot. 2. Per Section 10.55, Subdivision 15 (A), property served with sewer may receive credit for wetlands area, but in no case can dry buildable envelope be less than 1/2 acre of dry contiguous land. All 5 residential lots have over 1 acre of dry contiguous land. The total property consists of approximately 31.26 acres. 3. There is adequate sewer and water capacity within the existing lines to serve the new development. 4. All lots shall achieve access via an approved public roadway. 5. Old Beach road currently serves a rural-like neighborhood and the proposed five lot division will be consistent with that rural character. 6. The major upgrading of Old Beach road to an urban road section would be in complete conflict and contrast with the existing and proposed land and pattern of use. Page 1 of 4 •*-•*'*-.............................................. ■ t"CLL\1 ^RONCT City of OFIOIVO RESOLUTION OF THE CITY COUNCIL NO. ?QOn_ _ _ _ _ _ i; The installation of curb and gutter would have no positive impact on the internal drainage concerns of the subdivision. 8. The current road is under the jurisdicition of both Minnetonka Beach and Orono. The City of Minnetonka Beach will maintain the road at its present rural design. It would be incongruous and poor design practice for the City of Orono to require an urban section for the portion of the road within Orono. N01l» THBRBPORB BB IT RBSOLVBDr that based upon either one or more of the findings noted above# the City Council of the City of Orono hereby approves the preliminary plat application of E.W. Blanch# Jr. for the property located at 2501 Old Beach Road per the survey dated May 25, 1990# revised October 2# 1990 by William R. Engelhart and a variance to Section 11..^3, Subdivision 4 "Public Streets/Residential" that would allow the existing rural section of roadway to remain rather than the required urban section at a 32 feet minimum width with curbing# subject to the following conditions: 1. Prior to the issuance of building permits for new construction# the applicant shall be responsible for extending sewer and water lines and payment to the City for the cost of a 1 1/2 inch bituminous overlay over portions of Old Beach road located within the City of Orono. The applicant shall pay 50 per cent of the total cost of the bituminous overlay prior to final plat approval. If sewer and water improvements are not completed prior to final plat approval# applicant shall execute a developer's agreement and post appropriate security in the form of a Letter of Credit to assure that these improvements are completed. 2« Outlot A has been created foe the purpose of creating special protection for t'le sensitive wetland areas within the City of Orono. The City of Orono to acquire special open space and flowage easements over the outlot (see sample easements enclosed). Applicant has agreed to also execute private covenants for the protection of the area and shall provide copies of these covenants for the City's review, 3. Lot 8 has been created for the future use of the Fresh Water Foundation to be developed by either the Foundation or to be transferred to the University of Minnesota. All future uses of Lot 8 shall be consistent with current B-'4 zoning. Access to this site must be approved by the Hennepin County Department of Transportation. Page 2 of 4 t-t OF iORONei' City of ORONORESOLUTION OF THE CITY COUNCILNO.:?oo residential accesses to Lor.s 3, 4, 5, 6 and 7 shall be reviewed and approved by the Public Works Director of the City of Orono. 5. All Engineering plans for the extension of municipal services and the upgrading of Old Beach Road must be approved by the City Engineer prior to the commencement of any work. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1“=200'. Drawing to include: a) Lot lines platted per preliminary survey by William R. Engelhart dated 5/25/90, revised 10/2/90. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designate all drainageways on the plat as drainage easements at a minimum 15' width. d) All utilities located within portions of residential lots shall be defined with a minimum 10* easement. All utilities proposed along road right-of- way and not included within right-of-way shall be defined as utility easements also. e) The final plat must designate existing utility easements over Lift Station #7. f^ Define all wetlands area below 932 elevation. g) Designate all existing utility easements throughout the plat. h) Naming of plat. B. LEGAL DOCUMENTS REQUIRED: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Page 3 of 4 }, I". F ••V E CITY I[ORONa City of OFIONO RESOLUTION OF THE CITY COUNCIL NO. ________ b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed drainage easement over all drainage easements within the plat. d) Signed and executed Flowage & Conservation Easement/open space easement over Outlet A. C.PEES TO BE PAID: Total Due $300.00* a) Final plat fee = $150.00 b) Legal review and filing fees of $150.00 c) * Park dedication fee to be determined by Park Commission. Park dedication fees must be paid upon filing of final subdivision application. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of Novemberr ) ss. COUNTY OP HENNEPIN ) Edward J. Callahan, Jr. The foregoing instrument was acknowledged before me on this 13th day of November 19 90, by & Dorothy M. Hall^lSf,^*^ayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. HENNEPIN COUNTYMy cgimniMlen Notary Public Page 4 of 4 l-r 'f- I’t* / b ‘ W. Hr' !:., <V %’r'. u 'k. P i' i-i ic' RESOLUTION =2900 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy H. Haiiin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore'going copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 13 _ _ _, 19 90 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set 14th da\ my hand and seal this (SEAL) EXHIBIT A IMDAL UmONS: ■ir r * Oo Os (N o HD Oin ►I l! Vwt p«rt of CavffnrmC \oi 3, SfCt ucwi |b, TcA^hip 117 fbirth, TTUte*l of thp 5eh Principal i^ridian. described as tKv,iii<iinK ai a fnint on tl» aouth line of said GfBaprm^t Lot 1 a tiJslantr <»f 470 yest ffiia the tiBanier comer on said wsith line; thermic rt»rth af a rif$u angle Crcia said scJUCh line a distance nf 350 feel, ihence l*ast at «^le to ttv shore of Lahe HlmCariui; thefm:e s<sithprly alcvai sUin- to the easterly extension of the smeh line of said (kfwerTxneni liX 1; thence westerly alcxs^ said cxtensi<w\ arvl al<«i( said «uASh line to thi' point of hegirYUng, OQCCPr the South 175 feet thereof, AM) f3(CKrr lh.ii port thereof lylrn westerly of the easterly right-<if-r«y line ol Old SOBch Koad (fomerlv Lafayette Ave»Ml, according to the Holed Stale's Survey thereof, hpfwwpin Qxavty, Hlrwiesota. 2: Ihat part of Goveiloent lot 3, Section lb, Toxiship 117 M>nh. UPst of the 5th Principal Mrndian, described as legInnifiR ar a point cn the south line of said GoverrtBent Loi 3 a clisianLe of 470 lw*t ypst fraa Che aoander comer cwv said Scxjth line; thnxre Mirth at a ri^u «1g|c fma said south line a distance of 350 fwl . ihenct' Fast ax rip^x angle to the shore of Lake Nlrwtarha; thence southerly alcwig said sh»n* Co the easterly extmion of the south line of said Cnvermmt iru 1. therge westerly along said extension and along said s«irb lirr to the point of begimirv, TOEPT that part thereof lying easterly of the ^emterly r1|ht-of-'a‘ *nr of Old Beach Kc^ (formerly Lafayette Aviisx?}. aOQOrdir^ to the Vt* >d States Govem«r« Survey thereof, Mpfwiepin Gcaeity. Nimsota. PPrrcl 3: That port of Covemm-nt lot b lying Mirth of the center line STTSSnEy M>. 19 and west of the westerly line of ’“SioTe Mills** m SecCion 21, Towiwhlp U7, Range *23. except that part lying --slerlv. inHtanarnt/ arel rwirtheasrerly of the following described line :ing ac the nortlsMt uuiigr of said Gcx^errwnt Lot b; thence Mirth Ob vlimces 51 sccords Cast along the north line >f said ________ lilt 6 a diswee of 550.00 !eet to the actual lolnt of tuliwiiM of Om Ufw to be describsd; thane Sexsh 4 degrees 06 mirmses 51 sacjonAi UPst a distove of 205.00 feet; thence South 49 degrees 36 51 saconk Ikst a distam of 332.00 feet; them M>rth b9 13 17 sacooli Ikst to its Intersection lAth the i«t line lot 6 and there tersdnatlng. fmnA 4:.' Ail tlot part of the South 640.00 feet ol Goyemaent lot 3. Ik U cr tiaraliip 117. tirnm « *• '*• riiir,ii—r l«t l. lylf« MMCtaMCcrlr of the fcfifii 15 Md esepe the following described tract of IfM ^ tia soultMSC imner of said Qx^rment let 3; irly aioi« the nah line of said Gmaiiwc Lot 3 to a point yM*ls 470.00 feet UMt of the Gowenaac Itoankr Comr am no# lmt« on aald wmMh line, said eolnt being the actual point of begivwiing of Ow mHBtt/tLm to ba dnarlbad; dance northerly at rl^a angles s distance of J^ISofaer; dam foertrlj at ri#C ok^es and pariilel «dth said wash to da done Una of Lala Nimtodca; thooe armAhaasterly alcng Ilia to Its intereactlon with the south line of said tot 3; donee wasterly to da actual point of begirsiing. ___ 1 5 All that part of Gcaauime Uit 6, Section 17, Townahip 7X, lytrg scxgheasterly of the centerline of Comty Rnad Mi. I5;oo that part thereof lylrig wpsierly of the follawing <iescribed Line AJ and ita ixnthnasterly extmalcwi; Une A 117. Ccraenclng at the Mirth Quarter corwr of Sif^tion 20, ^___ 23; thence on an assuBd bearing Mirth R7 degrees 43.S 50 sceexvis Last alrxat the rv^rth line of said Sect Im 20 alS <ilsta«oe of 1760.44 feet; thismre tech 2 degrees 1b mirmges 10 • distoce of 31 feet to a pihnt hereinafter referred to aa hiii •*A**rd«m Mirth 87 degrees 43 oiimAcs 50 seconds East a distance ^ 49.4 feet; tlom mterly along a tangential ciave to the left, having a « radiiM of 851.51 feet, a distance of 265.4 feet to a point hereinafter referred to as point *7T*; thence westerly alcxig said curw a distarve of - 245 feet; tioive vxsiaesterly to a point which it on a line hearing South 38 degrees 52 mirmites 10 secovls East and distant 65 feet . aoudoasterly frTaa said point **A*; thove South 38 degrees 52 admes 10 mmt't’mwU iMMt s dlstarve of 160.59 feet; thmee snighnasterly along a tangential ctarve to rtv Irft , hwivirig .1 radius of 922.38 feet .irwl a ooCrsl angle of 5 degrees 14 mirmitcs 3b secciivl< a dlstove of 84.41 feel ix) the actual point of heglrviing of Line A; thence Mirtii 20 degrees 52 sdrmJtes 16 seconds Fjisl almg said line A to said point **ff* otvi there teioinating. Pgroel 6 All that fart of ftfiverment Lot 6, Section 21, Tcxaiship 117, 23, lying westerly, nortfmosterl v arxf m-thessterly of the folLowirp; described line: Oanencir^ at the northwest comer of said Ccpyi.ii—int Lot 6; thence Mirth 88 degrees 00 niimaes 51 secuivls East alcsig the north line of said Govermenc U)C b a distove of 550.00 feet to tlw* actual noloL of begirvung of the line to he described; thence SoLCh 4 ilegrees 06 anraSes 51 sreorxis West a dIsLarve of 205.00 feet; SoiMh 49 tkg rees 36 aarmees 51 sectsvis West a dlatove of 537.00 feet; thence Mirth 69 degrees 13 lairases 17 seemda Weal to Its intersection with the west line of laid Cciwe 1 loow Ini 6 and there teioinstlng. iceL 7: Tract A. Registered laid Siirwv M>. IbX), Files of the atrar of Titles. Mrrtwfiin r^«rsv. Mrner-x.. Parcel 8: That fxirt of Gowerment Lot I, Sectlexi 70, Tcaavihlp^l 17, Rangg * 23 rxTTtheasterly of the ixirtheasterly line of Block 4, Tcxealte oi a -----•— nirk ami sautheosterly of Registered Land Survey Ml- 1630. - .e: a**n4.* -'r. . f APPLICATION NO. 1555CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-735 NOTICE OP COUNCIL ACTION Date of Notice: 11/19/90 TO:E.W. Blanch Jr. 3500 West 88th Street Minneaoolis, MN 55431 COPIES:Dennis E. Sandin Landstar Inc. 6100 Golden Valley Rd Golden Valley, MN 55422 James MacKinnon Johnson, Wood, Phleger & Bigelow 730 East Lake St Wayzata, MN 55391 TIPS OP APPLICATION:Subdivision DATS OP MEETING:11/13/90 VOTE:For Against COUHCIL ACTION - MOTION: Page 2/Condition 1 of that resolution has been amended to include the following: A) 1 bituminous overlay. The applicant to pay 5 0% of the total cost of the bituminous overlay prior to final plat approve^. The City Engineer estimates the total cost at 320,000. The applicant shall pay $10,000 to the City. \t the November 6, 1990 Park Commission meeting, the Park Commission reviewed the estimate of the City Assessor. The Park Dedication Fee is determined to be $14,912 (refer to attached worksheet from City Assessor). Please contact John Gerhardson at the City offices if you have any questions pertaining to the Park Dedication Fee. the resolution (November 13, 1991). No^ that prior ^ filing ^ final plat Mnal subdivision approval, all taxes for t^ current y must ne paid/ '' Please contact Jeanne Mabusth at the City offices if you have any questions pertaining to the directives of the preliminary plat approval. i - ’ I^RQ^g CITY o.^ OROX J Post Office Box 66•Crystal Bay. Minnesou 55323*Muni •pa- ’.%'Stes On the North Shore of Lake Minnetonka TO: Orono Zoning Department FROM; Rolf Erickson, City Assessor DATE; RE: Park dedication fee of: 7W5 mArzsR pt LAf A v£'rr£ -^O - 1 1 n - 25~“ M ~Oo3 ^ lt"^ - 23 >7*2. -cc/4 25.^acres § 7VC O = 40 c> ■UIUMNG* ZONING - 473>735'' ASSESSING ADMINISntATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 ]CITTof ORO\0 Cl rv aRQfuO I Post Office Box 66*Crystal Bay. .Minnesota 53323• Muni ipa .'^xea On the North Shore of Lake Minnetonka TO: Orono Zoning Department FROM: Rolf Erickson, City Assessor DATE: /O-_0i-to _ _ RE: Park dedication fee of: 7WE /n/^fzSR PT - 11 H - 3G ->-0 03^ lo - 2"^ -11 -cc/4 Ci/$ 25.^acres ^ “J^C O iN.U 40 0 -f •UUNNC A ZONING > 473-735 ASSESSING aominishution a finance - 473 7358 PUBLIC WORKS - 473-7359 Alt '*4 5 ’ \f i .♦ ;• /- 4 , ** r ✓ 4^ , ., 4 i * f ^6^ 'r J i 5v-r /6 / « -1 o % #'• frt /• *-\V •* : V- ^ / ' - : . t;; ■-M-3 ■%------------: I,---------------- 1 r#*-4fv/ i o.c :* k A TY of ORONs) «a 55323 •Mttni>'ip«* Q^Bc«i«al B«y. Mino n«tonika - 47V7II* *? ^^1 ' '■''^ jfl ^ - ' 5<? ao^y ^rr^ sec 'f,^ 7^ 59(^ <t7 *■/-“ I: -5S‘i »? <A X «> i i ^ A' V, > <3 . r •i' !4 1 i \ A /<• 't i. /z^cr ■\ \ i S.1 :h'> £ <>7 \gSe^^ Vv/>vr<*^ Titter y/*/*A'» / /> .^»y ^t>\,' f Cof 3 j»V ' ^ y / r / f i?4'( ♦. r. '7 ^2i 73 f ff' C-.i' '.?r ^evT Z*^S^ec l/ ''Afw ccr .yr r I a / ^ S-\Zf T I'r '■i.A'»; ^ \ -? '■[^sr^as/ <n i I yi V* • Y 7W« •« J ^4)“J]F*fE J1 1fif“tl f 1 i:1 /vl I 1*; P* *cf' 4 ^ f1 f I' '77? ^ . / JS7f^ ^nrjT ______J s» 4 79 V \ .'''W yi : ’^ 1 * .•'• A' a j, -»* i\; J* \ * f' y A I « ‘5% \ \ jSbX? \g ' I *X/ as L I 1 ✓\ %K S »t '■>-\ VA . ■ '\-.'/<y \ '-y'K / /' / ^/V vvij^ ' *v v *’> vA ,i . V* I 'n^ ^ 5 < I * 1 •• V iVv t > ^ *1 .-• i ’'V ‘•i.t it4---—M Tfc » fc *«C>, i. ?*L .. zJ I 5r' T _a * ft r iv ji,pt. j A r-i ? •» >*# M \! \ !••— O ^ •» 1• ' '''■- r t ^►~f0 00 7x i 1 r-‘ »o oo I :r 8 :■ cTo:Mayor Petersen & Orono Council Mer.bers Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardsor Froa Jeanne A. Mabusth, Building & Zoning Administrator Date:April 8, 1991 Subject: Scheduling of Public Hearings for Land Use Applications Originally Reviewed by Planning Commission at March 18/19, 1991 Meeting Staff has scheduled public hearings for all land use applications originally scehduled for public hearings at the March 18th meeting of the Planning Commission in order to ensure that all state and municipal requirements are satisfied both for published notice and mailed notice. The Mayor need only announce the opening of the public hearings for the following land use applications and then at the end of Application #1629, McNulty Construction application, announce the closing of the public hearings. Please contact this matter. office if you have any further questions on Isv r b V f,/? I Tos Mayor Peterson 6 Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson '45 ■^A (9 %» Jeanne A. Mabusth, Building & Zoning Administratoror r*^ Dates March 29, 1991 Subject: #1457 Alan Carlson, 3140 Watertown Road - Revised Preliminary Plat - Resolution The revised preliminary plat has been accepted under the former application number (#1457) and the required public hearing scheduled at March 18/20, 1991 meeting of the Planning Co^ission and Council April 8, 1991 meeting. At the time of the filing of the revised subdivision application, Mr. Carlson also filed a separate conditional use permit/variance application for proposed improvements within commons outlot involving land alterations, installation of tennis court, gazebo and trail system. Application #1630 was tabled by the Planning Commission until applicant had completed the permit review process with the Corps of Engineers for trail system. Applicant advised that Corps had no opinion concerning proposed installation of structures, within the plat. Please review staff memo dated March 14, 1991 for more detailed information on the filing of the revised preliminary plan. List of Exhibits for #1457 - Revised Preliminary Subdivision Exhibit A - Resolution #2764, Preliminary Plat Approval, 3/12/90 ■ Carlson Letter 2/11/91 • Cook Report 3/11/91 - Gaffron Report 3/13/91 ' Staff Sketch of Future Connecting Road Final Exhibit - Revised Preliminary Plan a) Preliminary Plat b) Grading Plan c) Road Profile/Typical Section/Elevation Monuments d) Location Map Exhibit B Exhibit C Exhibit D Exhibit E Ssvisw of Revised Preliminary Application - At the March 18th meeting, the applicant submitted a second revised plan addressing the issues raised in the staff memo dated March 14th. All lots meet the dry contiguous buildable 2-acre area. All lots meet the required lot width to the rear of the front yard setback line of 50'. The outlets are now redefined as follows: liiioijfiiiirr i r z\ ftfcu Zoning File #1457 March 29, 1991 Page 2 Outlet A Outlet B Outlet C Outlet D Private road Access path to a shared commons area for all 12 lots Area designated foi future development Road outlet to future developed property at north and to connect from extension of Outlet A through A. Stubbs property Outlet E - Property at north side of Burlington Railroad available for combination with adjacent properties if applicant wishes to release for sale. The road is now shown connecting to the east at the edge of the A, Stubbs property. Please review Exhibit K from the original packet that reflects consistency with previous planning for roadways to the east. Applicant now shows a temporary cul- de-sac. The area of a temporary cul-de-sac, at least portions not included within 50' road lot are not excluded from the dry buildable of the adjacent residential lots. Applicant's engineer has submitted amended road plans including street plans and profile. The revised grading/erosion plans have been amended to include erosion control. The entrance monuments proposed by applicant are the same as originally approved in the 16-lot preliminary plat. The Planning Commission asks that because of proposed grading or berming to the east side of the entrance that a limitation be placed on final height of monuments in relation to elevation of adjacent road stating that monuments overall final height could not exceed 6' above elevation of the private road. Planniog Comaissioii Recommendation The Planning Commission recommended unanimous approval of the 12-lot revised preliminary plan subject to all pertinent conditions for the current plat as set forth in original Resolution #2764, Exhibit A. The Planning Commission asked the Council to consider the following additional conditions: 1. Future development lot, Outlot C, has no legal approved access. Access to the property would have to be via adjacent properties to the east and south. Final resolution approving this subdivision shall note this. In addition, applicant must agree to execute a covenant to be filed on the Chain of Title of Outlot C agreeing to restrict development until approved access is provided via adjacent properties. r •. r A RESOLUTION GRANTING PRELININART APPROVAL OP THE PROPOSED CRYSTAL CREEK PLAT PILE NO. 1457 WHEREAS, Alan G. Carlson (hereinafter "the subdivider") on March 22, 1991 filed a revised formal subdivision application with the City for approval of a 12-lot residential plat of property legally described as follows : Exhibit A, attached, (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 Planning Codes, the Orono Planning Commission held public hearings on March 18, 1991 and March 20, 1991 and the Council on April 8, 1991 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon? and WHEREAS, at their regular meeting held on April 8, 1991, the Orono City Council considered the amended subdivision application of 12 lots, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as amended from the original 16-lot proposal finds that each lot meets or exceeds the 2-acre minimum dry contiguous lot area standards. 3. Each of the 12 lots meets the required lot width to the rear of the 50* fromt street setback line. Page 1 of 8 4. All of the 12 lots shall achieve access via an interior private roadway. No direct access onto Watertown Road will be allowed for an individual lot owner. 5. The applicant has filed the revised preliminary plan with the Minnehaha Creek Watershed District. All conditions of MCWD permit must be met by applicant and included with final drainage, grading and erosion control plans. 6. In a memo dated March 13, 1991, Michael P Gaffrom, Assistant Planning and Zoning Administrator, confirmed that all 12 lots have been tested and found to have suitable areas for on-site septic development. Since that memo, Mr. Gaffron has received verbal confirmation from the on-site evaluator that drainfields can be shifted or relocated on Lot 2, Block 2 and Lot 5, Block 3 to meet the on-site septic standards of the City. 7. The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB Zoning District requiring no variances with the granting of the approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 8. The subdivider has provided a future access corridor to the east and shall be responsible for developing the roadway to the eastern boundary providing a temporary cul-de-sac. NOWr THBR iPORB BB IT RBSOLVBD, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the revised preliminary plat of Crystal Creek per plat survey dated February 26, 1991, revised March 10, 1991 by Edward H. Sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions: Page 2 of 8 ;■ If 1. All access to the 12-lot plat must be via the interior plat road. Lot 2, Block 2 shall be served from the temporary cul-de-sac via a 15' driveway easement through Lot 1, Block 2. Owner of Lot 1, Block 2 shall grant temporary driveway easement in favor of Lot 2, Block 2 until the adjacent private road is extended along the southern boundaries of Lot 2, Block 2. 2. Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing, such fencing to be installed 20* from the boundaries of each drainfield test site as follows: Lot 1, Block 1 Lot 2, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 1, Block 3 (southwest corner drainfield site only) Lot 3, Block 3 Lot 5, Block 3 3, Subdivider to grant underlying road and utility easements over private road outlots (Outlets A and D). 4. Outlet A shall be installed as a 28' roadway with curb (urban section). Temporary cul-de-sac shall be designated at a 100' diameter with actual traveled turnaround at an 80' diameter. 5. Subdivider to grant conservation and flowage easements over all wetland/flood plain areas defined at or below the 970 elevation. The subdivider should also grant drainage easements over drainageways and storm sewers not located within right-of-way of road outlots. Page 3 of 8 ffiidihiiiiiiitiiiiihidrii K-- f‘X' 6. Subdivider to execute private covenants for the shared cost in maintenance and upkeep of private road. The subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In additionr the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approval of the plat# the subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of the final plat. 7. Applicant shall create a Homeowners' Association to ensure upkeep and maintenance of private road. This document must provide for an undivided share of the ownership of said road and future deed transfering ownership of residential lots must include the undivided or equal share in private road. 8. Subdivider to execute a drainfield covenant to be filed against the Chain of Title of each of the 12 lots within e plat in ottifr to ensure future owners knowledge and awarene^j f a^recial limitations on the sep.*ic capabiliti<'s of the rural lots and the need to protect existing septic test e.ltes. The City requests that the following addition be made to the original septic covenant proposed by applicant for original 16-lot plat. The following sentence is to be added between sentences 1 and 2: "In most cases, these are the two feasible sites on each lot* and must not be disturbed. The existing natura1 topsoi1 must remain in place and must not be subject to any traffic which will cause even the slightest compaction.* 9. The subdivider shall maintain adequate erosion control per final approved plans by Gerald M. Sunde throughout the construction of the roadr drainage improvements and until all ground cover disturbed on the property is restored. Page 4 of 0 w 1. i.- 10. The developer to create easements in favor of the Homeowners Association over Lots 1, Block 1 and Lot 1, Block 3 for the purpose of maintenance and upkeep of the entrance monuments. The City approves the monuments proposed on plans dated December 19, 1989, revised March 18, 1991 by Gerald M. Sunde entitled "Typical Monument Detail" that defines 5 1/2* high, 10 lineal feet in length, 3' wide monuments to be installed on each side of the entrance of the private road. The final installed height of these monuments cannot exceed a height of 6' measured from elevation of private road. 11. All final grading, drainage and road plans shall be done in accordance with the directives of the Minnehaha Creek Watershed District permit and the final report of the City Engineer before any land alterations or construction can begin. The subdivider shall execute a developer's agreement that shall include all required improvements. The subdivider shall also provide a Letter of Credit to be written to the amount of 150% of the cost of all improvements. The Letter of Credit must also be submitted prior to final plat approval by the City. The subdivider is hereby advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. 12. On-site evaluator to provide written confirmation that the shifting of drainfields within Lot 2, Block 2 and Lot 5, Block 3 will satisfy on-site septic standards of City Code. 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; Page 5 of 8 I rrr :i !■ i: i. A. 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 Edward H. Sunde of Sunde Land Surveying, Inc. dated February 26, 1991, revised March 18, 1991, 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 sides of the designated wetlands defined as drainage easements. c) Designate all wetland areas (areas at or below 970 elevation, as drainage easements). d) Designate all drainageways and storm sewers as drainage easements on the plat. e) Dedication of right-of-way for Watertown Road. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortga*ge holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Executed Drainage Easements over all drainageways and storm sewer lines if applicable (refer to sample easements provided to you with original plat application), to include all drainageways not included within flood plain/wetlands area below 970 elevation.) Page 6 of 8 I- f ■ I!' i • ■j:. kl, ti-: I • r: K Ife d) Executed Flowage and Conservation Easement over all designated wetland areas at or below 970 elevation (refer to original easement enclosed with former preliminary plat resolution). e) Signed and executed Developer's Agreement and Letter of Credit to cover all required improvements. f) Signed and executed Road and Utilities Easement over the private road outlots (Outlots A and D - refer to previous samples). g) Signed and executed temporary Road and Utility Easement over portions of cul-de-sac not located within private road outlet. h) Private covenants/creation of Homeowners' Association in a form for filing to include division of ownership and responsibility for maintenance of the private road and drainage facilities (refer to original documents). i) Executed drainfield covenant prepared for filing against each lot to be amended per Item 8 in conditions of approval as noted above. j) Completed "Application for Private Road Name". Subdivider shall have the choice of naming the road within Outlot A and C (refer to original documents). C. PEES TO BE PAID: Total Due $300.00 a) Final plat fee « $150.00 b) Legal review and filing fees of $150.00 c) Park dedication fee * $3,200 already paid by subdivider Page 7 of 8 ■At-rn r I ^ ^ L U' ' ■ . ■■ Adopted by the City Council of the City of Orono» Minnesota at a regular meeting held this 8th day of April» 1991. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 1991, by Barbara A. Peterson 6 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 My Commission Expires Page 8 of 8 Tos Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date:March 14, 1991 Subject: #1457 Alan Carlson, 3140 Watertown Road A. Revised Preliminary Plat - Public Hearing B. Conditional Use Permit/Variance - Public Hearing Pertinent Ordinance- Section 11.10, Subd. 16 (D) - Applicant Proposes a substantial change from the preliminary subdivision approved by Council on March 12, 1990. Applicant has made appropriate payments and staff has scheduled a second public hearing to review the revised plan. Section 11.03, Definition 24 - Lot area, minimum. Each rural lot must contain a minimum of 2 acres exclusive of --------------, vehicular or pedestrian easements. Applicant proposes a 15' wide driveway easement through the southern portion of Lot 1, Block 2. Driveway easement at 15* = 3,000 s.f. in area (15' x 200'). Required 87,120 s.f. Proposed » 84,130 s.f. or 1.93 buildable acres. In the second phase of this review, the conditional use permit/variance application, applicant proposes bike trails through sections of residential lots. Applicant must be advised that these bike trails must be excluded from the dry buildable area of the residential lots. This again will place restrictions on Lot 1, Block 2. Lot 2, Block 2 has adequate area and as Gaffron's memo notes. Exhibit D, the bike trail along the southern side of Lots 1 and 2 may create problems for a drainfield site. Section 11.03, Definition 26 - Lot, out lot. Use of these out lots must be approved by Council and such use restricted by appropriate restrictive covenants or open space easements. The following outlots and uses are proposed: Outlot A - Private road outlot. Outlot B - Pedestrian trail to commons area. Staff would ask why this could not be combined as one outlot since they are contiguous (B C). Outlot C - Commons area. Outlot D - Unbuildable and desginated for future development. Outlot E - Road outlot to future developed property at north. Outlot F - Remainder of property at north side of Burlington Railroad available for combination with adjacent properties if applicant wishes to sell. Zoning File #1457 March 14, 1991 Page 2 of 8 List of Exhibits for A « B Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibi£_& Exhibit R Exhibit I Resolution #2764 - Preliminary Plat Approval 3/12/90 Carlson Letter 2/11/91 Cook Report 3/11/91 Gaffron Report 3/13/91 Applioation #1630 Cumliti'onal rGriiilfc/^Variance Jiks Ttail PlaiT» ^ike-Path Gtiction Exhibit K Exhibit L Revised Preliminary Plat Grading Plan Road Profile/Typical Section/Elevation Monuments Location Map ■Revised GidJi-ng Pitm Staff Sketch as of Future Connecting Roads II J Pif A. Review of Revised Preluainary Pl«ui Staff has informally discussed with the Planning Commission the circumstances surrounding the Corps of Engineers denial of Mr. Carlson's reguest to fill and grade within the Type 6/7 wetlands within the northern portions of the property. Please review Exhibit E, Mr. Carlson's letter that reviews the background and circumstances of that denial in detail. A public hearing has been scheduled for tonight's meeting to review the revised 12-lot plat. Review of Revised Plat Lot Configuration The lower 8 lots remain at approximately the same configuration as the origianl. It is the most northern 4 residential lots that have been altered with the revised plan. Lot 5, Block 1 has been trimmed back to a total of 3.4 acres from 6.8 acres retaining the 2 acres dry contiguous. Proposed Lot 5, Block 3 has been realigned because of the realigned roadway. The lot is shown retaining 2 acres dry contiguous. As already noted above. Lot 1, Block 2 as shown will require a variance to the minimum 2 acre area standard because of the exclusion of the private driveway easement area. The lot line can be readjusted between 1 and 2 to provide the additional 3,000 s.f. of dry buildable area for Lot 1. Once again, the bike trails proposed with the second phase of this review will also create dry buildable area problems for Lot 1. Applicant should also advise how bike trail is going to work with placement of private drive along southern edge of Lot 1, Block 2. X I • V r>r- [: Zoning File #1457 March 14, 1991 Page 3 of 8 The uses of the outlet are noted above. It is not clear why Outlet B and C can not be designated as one outlet. Review Exhibit J, the revised grading plan. Note a berm or filling is proposed to connect the dry island area within Outlet C to the adjacent dry land area. This common area outlet should be for the exclusive use of the 12 residential landowners. Outlet D is to be reserved for future residential development. Once Outlet A is fully developed along the southern borders of Lots 1 & 2, Block 2 connecting to Outlet E, the northern portions of the property may be developed. Applicant may seek access to northern portions via another access. Outlet F's designation and use have already been noted above. All the lots meet the required lot width to the rear of the 50' front yard setback area. Road/Future Access Corridors As with the original plat, all lots shall achieve access via the private road. Until Outlet A is developed eastward through Stubbs property. Lot 2, Block 2 shall achieve access via a private driveway easement through Lot 1, Block 2. Future access to Outlet D shall be via an extension of Outlet A through the Stubb's property and then through Outlot E along the east side of the property. Please review Exhibit K, staff sketch of future connecting roads within the area and the eventual connection of Outlot A to the network of future through roads to the east. The road layouts (there are others) appear consistent with the informal transportation plans developed in the last 5 years for this section. Please review Exhibit C, Cook's review comments. A temporary cul-de-sac near the end of Outlot A must be designated. The City would take temporary road and utility easements over the portions of the cul-de-sac not included within the area of road Outlot A. At the time a future extension of road is installed, the temporary cul-de-sac will be removed and easement extinguished. The road plans should be amended so that they indicate which typical section is to be used where on the street. Cook asks that the street plans and profile sheet be completed. Wetlands/Drainagewavs/Watersheds/Flood Plain The drainage swales proposed along the north and west boundaries of Lot 1, Block 1 will have no impact on the dry buidable area because they will be located along the boundaries of the lot and fall within the customary drainage easements taken along the boundaries of all lots. Please review Lot 3, Block 3. The 15' drainage easement that intersects the building envelope of Lot 3 must be excluded from the dry buildable area. Note this has not been completed by surveyor. It may be possible to relocate drainage swale along lot lines but based on the topography, or steep slopes, this may not be feasible. i: r Zoning File #1457 March 14, 1991 Page 4 of 8 Review Exhibit L, staff's sketch of drainageway along eastern boundaries of Lot 5, Block 3 and Lot 1, Block 2. Now that road is realigned to the east, a 15" underground pipeculvert is propsed from the retention area on the south side of road outlet to the north of the proposed house and septic locations on Lot 1, Block 2. In fact, the culvert would be placed between house and septic. The area of this 15' wide drainage easement must also be excluded from dry buildable of Lot 1, Block 2 and Lot 5, Block 3. Review staff sketch. There are two alternatives for redirecting drainage from this area (Exhibit L), The best of the alternatives would be to obtain an easement through A. Stubbs property and channelize drainage between the shared lot lines of Lots 1 and 2, Block 2. The area of the drainage easements would not be excluded from the dry buildable area of each lot. If applicant is unable to obtain the necessary easements through the Stubbs property, then it may run along the lot lines. If none of the alternatives are acceptable, applicant's engineer may provide another solution, but, clearly, where you have lots that are at the minimum required 2 acres in area, the issue of drainage easements encroaching buildable envelopes will create a major impact on the dry buildable area. Drainage easements must be shown over al3 wetland/flood plain areas at or below 970 elevation within the outlots. This should also include Outlet E along the east boundary of the property that is intersected by the drainage from the Goldsmith property. As already noted earlier, the plat road will no longer encroach the wetlands/flood plain areas at or below the 970 elevation. The land alterations proposed in Outlot C and Outlot D will be reviewed under the conditional use permit/variance phase of the application. As for the grading proposed along the southwest boundaries of the property, it is not clear whether the proposed land alterations will successfully carry run-off to the drainage ditch on Watertown Road. In any case, this is the requirement of the City. Please nore the^ area of the pond easement or drainage easeent within Lot 1, Block 3 has been excluded from the dry buildable envelope. Septic Please review Exhibit D, Mike Gaffron's comments concerning the revised 12-lot plat. Gaffron asks for additional documentation from the site evaluator indicating that the shift in drainfield sites is feasible for both Lot 2, Block 2 and Lot 5, Block 3. Although he has not noted it is his memo, he is concerned that the drainage culvert is shown between the proposed house and septic sites on Lot 1, Block 2. His memo asks that the second drainfield site on Lot 2, Block 1 be shown on the preliminary plan. With the revised plan he asks that the following septic sites be fenced and protected prior to any land alterations as follows: i;. r-' I'- r-f Zoning File #1457 March 14, 1991 Page 5 of 8 Lot 1, Lot 2, Lot 1, Lot 2, Lot 1, Lot 3, Lot 5, Block 1 Block 1 Block 2 Block 2 Block 3 Block 3 Block 3 - southwest corner drainfield site only Grading/Erosion Control/Landscape Review Exhibit J, Erosion control steps have been defined within the note section but have not been defined on the preliminary grading plan and should be shown as they were on the original grading plans for the 16-lot proposal. The entrance monuments proposed (Exhibit I) are the same approved by the Planning Commission for the 16-lot plat except that now 3' berms are shown on the grading plans. Exhibit J, where the entrance monam-''nts are to be placed which may impact the total height. Alth: gh monument locations have not been shown on the current set of plans, based on our knowledge of the original location it would appear the monuments are to be placed within berm area. As monuments exceed 3* in height, they are subject to standards under Seciton 10.03, Subd. 16 - traffic visibility. Landscaping is proposed within the entrance area of the subdivision. Formal landscaping plans have not been proposed as developer feels the natural physical amenities of this property provide the desired effects. Review Exhibit C. Cook asks for a flood control structure within Outlot C, The flood control structure was required originally to protect the drainfield sites on Lots 4 and 5, Block 1. Later in the review, the on-site evaluator shot more detailed elevations of the area and confirmed that the proposed sites of the septic drainfields are located out of the 970 elevation. The land alteration shown now in Outlot C are merely a berm to connect to the dry buildable land area within Outlot C. Topographic map has been amended to reflect actual location of the 970 elevation in relation to the septic sites. The easements referred to by surveyor as floodage easements or pond easements should be shown on the final plat as drainage easements. Review of Items to be Addressed by Applicant or Consultants Applicant^ 1.Issue of drainage easements that intersect building envelopes of lots - need to exclude these areas from dry buildable unless they are realigned along the boundaries of proposed lots. Variances will be required for current lot layout. J ;r: V.- A * i-' i t', i-■■ Ir: • R r’ ?l:'^ %■ i< ■m. Zoning File #1457 March 14, 1991 Page 6 of 8 2.Realignment of shared lot line between Lots 1 and 2,Block 2 so that 2 acre dry buildabl- within Lot 1 is maintained exclusive of vehicular/pedestrian easements. 3.Any issues members may wish to address regarding the as ehrtwn on nlat Applicant should comment as to why it i necessary^to ’define access to commons area Outlot C as independent Outlot B. Cul-de-sac to be provided per original discussions with applicant. Need to upgrade road plans to show what typical section is to be used where on street and complete street plans and profile sheet. 5.Grading plans to show locations of monuments in area. Method of erosion control to be shown on grading plans not just included in note section. 6. teasible. 7. Any comments members may have concerning future to eastern properties now located further south within subdivision. Options of Action Denial. Approval subject to appropriate conditions setforth in original resolution granting approval pf preliminary plat (Exhibit A). Tabling upon resolve of issues already noted above and unable to be resolved at hearing. B. Conditional Ose Pernit/Variance for Land Alterations Proposed Within Designaged Wetland Pertinent Ordinances SAfition 10.03. Subd. 19 - Land alterations in excess of 100 cubic yards. Section 10.55, Subd. 8 - Filling and grading activities proposed within a designated wetland/f lood plain of the City. 1 J r ■i' V* : Zoning File #1457 March 14r 1991 Page 7 of 8 As already noted in the earlier review per DNR classification, the wetland type is classified as a Type 6 and 7 and is not a DNR protected wetland. The proposed land alterations must be reviewed once again by the Minnehaha Creek Watershed District and the Corps of Engineers. It is staff's understanding that Mr. Carlson is working closely with the Corps seeking approval of the proposed filling and grading activities within the protected wetlands. Staff has no information as to the current status of those discussions. The Corps may issue a permit allowing 10,000 s.f. of a wetland to be filled under a national permitting system. Anything beyond the 10,000 s.f. area will require more formal review process by the Corps. Review Exhibits G and H, proposed trail. Maximum width at base = 16* Actual travelled trail = 8* As for the portion of the trail that intersects Outlet C, it is staff's understanding that this section is no longer proposed along with the west loop. Applicant proposes the filling of a bermlike area to achieve access to a dry island area located within the middle of the wetland. The proposed tennis court is no longer planned. The area is to be left in its original state and to merely be used as a hiking and picnic area. To be consistent with the earlier review and directions received from the Minnehaha Creek Watershed District, all fill placed below the 970 elevation will be compensated for by matching excavations above the 970 elevation. The question for members for this phase of the review is will you allow a bike trail system through the designated wetland. Is there a difference between approval of private road to achieve access to residential lots and a bike trail installed for the benefit of 12 residential land owners? How do members feel about the installation of the connecting berm to the island within Out lot C? As already noted above, the areas of the bike trail as they intersect residential lots must be excluded from the dry buildable area of each lot. How will the bike trail along the southern boundaries of Lots 1 and 2, Block 2 relate with the private driveway that serves Lot 2, Block 2? Would you accept a less intense bike trail system within the wetlands area? Would you accept a less intense hiking trail at no more than a 4* width through this unique area? Options of Action Denial. Please refer to the necessary findings in Section 10.55 or tabling until the Corps of Engineers has determined the extent of the filling to allowed within the protected wetlands area. City to provide direction on the following: iSiriiiliiiirrHWiiii Jr: Zoning File #1457 March 14, 1991 Page 8 of 8 1.Position of Planning Commission concerning berm area providing link to island of land located within wetlands (Outlot C). 2.Does Planning Commission approve a bike trail at proposed width? If so, extent of the trail system considered reasonable . 3.Would members prefer more of a nature/hiking trail system -- what would you limit the size or width of trail — how much of the wetland area will you allow to be encroached by this trail system? Isv ! j V r I It CITY I I """ 1I ORONCj City of ORONO RESOLUTION OF THE CITY COUNCIL NO.^ “*A 'w O *t A RESOLOTION GRANTING PRELIMINARY APPROVAL OP THE PROPOSED INDIAN CREEK PLAT PILE NO. 1457 NBERBASr Alan G, Carlson (hereinafter "the subdivider") on August 24, 1989 filed a formal subdivision application with the City for approval of a 17 lot residential plat of property legally described as follows: Exhibit A, attached (hereinafter "the property") a.nd; 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 public hearings on September 18, 1989 and January 16, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on March 12, 1990 the Orono City Council considered the amended subdivision application of 16 lots, noting the following findings of fact: 1. The property is located within the PP.-IB Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as amended from the original 17 lot proposal finds that each lot meets or exceeds the 2.0 acre minimum dry contiguous lot area standards. 3. Each of the 16 lots meets the required lot width to the rear of the 50' front street setback line. 4. All of the 16 lots shall achieve access via a network of interior private roadways. No direct access onto Watertown Road will'be allowed for an individual lot owner. 5, In his report dated January 8, 1990, Glenn Cook, City Engineer, found the revised 16 lot plat to be exceptable and recommended approval subject to final approval of the Watershed District. Page 1 of 7 ^ ^ r ■ Hil l V' .\ L cjrv ’ ORONO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.4L O ‘t I^itlonil‘pJrmTt ’ aVproval (89-167) of the drainage. Minnehaha Creek Watershed District granted g»ding and‘ erosion control plans of the Indian Creek plat at their February 15, 1990 meeting. ^\ch^a\;T%"a%‘ltor"sLVta'n?%ra1,n?n7\’lo^nYn“g *r'’Al'=n7^°o-h?J’e“s':;tta‘b^^‘ VrlaV o*’n^^s^r/e%\^rc development . 8, The proposed configuration and overa11 design o^ the unit without the need for future variances. 9, The Orono council accepts the findings of the Planning commission in approving a variance to Section 10.55, Subdivision 8 that would prohibit «*jiy land f ^ within a defined protected wetland. The following findin Sere noted by thi applicant and accepted by the Planning Commisson: Increased hardcover from a road _2 “jJ tijnes longer iiifflaiisreplacement for further retention to off-set additional filling. B) Loss of major portions of trees if a peripheral road is constructed outside of the wetland areas. provide screening from roadway and the lower elevations along the east lot line. dried out the area and allowed the trees to flourish. Page 2 of 7 1 t r City of ORONO crrvr RESOLUTION OF THE CITY COUNCIL OF NO. ^ORONa ^ 4E) Subdivider is not asking for a redesignation of wetlands for building sites and septic development^ only to be allowed to construct a roadway. F) The wetland area is not considered a protected DNR wetland and is classified as a Type 6/7 wetland referred to as a shrub and wooded swamp wetland. 10. The subdivider has provided future access corridors to the east and west and shall be responsible for developing the east corridor through the wetlands. The improvement shall consist of a 24' wide gravel road bed with ditches and a 16* wide paved surface per City's specifications. HOW, TFBRBPORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves a variance to Section 10.55, Subdivision 8 and the preliminary plat of Indian Creek per plat survey dated most revised February 23, 1990 by Edward K. sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions: 1. All access to the 16 lot plat must be via the interior plat road. No curb cuts for the proposed lots shall be approved off of the adjacent roadway. 2. Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing. Such fencing to b"^ installed 20' from the boundaries of each drainfield test site, as follows: Lot 1, Block 1 Lot 5, Block 1 Lot 1, Block 4 Lot 6, Block 4 Lot 7, Block 4 (septic site located in SW corner only) 3. Subdivider to grant underlying road and utility easement over all private road outlots (Outlots A, D and E). 4. Outlet A shall be installed per engineering road plans dated 12/19/89, revised 1/9/90 for a 28' roadway with curb. Outlet D shall be installed by the subdivider through the wetlands area as a rural 24' wide gravel roadway with ditches and a 16' wide paved surface. Outlet B, the 16' wide private driveway serving Lots 1 and 2, Block 2 shall be installed as a roadway with ditch areas per that same plan. Pace 3 of 7 . i c crrr I OF I ORQNO City of OROINO RESOLUTION OF THE CITY COUNCIL NO.2^54 5 Subdivider to orant Conservation and Flowace Easer.ents over all wetland/f1ood plain areas defined at or below the 970* elevation. The subdivider shall also grant drainage easements over drainageways and storm sewers not located within right-of-way of road outlots. 6. Bituminous flumes will be required where water is to discharge into wetland areas. 7. Subdivider to execute private covenants for the shared cost and maintenance and upkeep of private road. .he subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In aaaition, the City will expect private covenants to address maintenance and protection of drainageways and areas by private property owners. Dpon preliminary approval of the plat, the subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of the final plat. 8. Subdivider to execute a drainfield covenant ;!Vt"Vn‘'i*rd%"?'"to'’'e‘niVr"e °fVtl'r'’e°^wVe%^l i^wl^d^ge" and awareness of the special limitations ^ capabilities of the rural lots and the i kp existing septic test sites. The lowing addition shall b^ made to the covenant proposed by applicant. The ..ollowing sentence is to be added between sentences 1 and 2: _ln most cases, these are the only two feasible sites 0£ ea_£ii and must not be disturbed. The existing natural tops^l must remain in place and mu^st not be subject to any ^. which will cause even the siiqhtest compac tion. 9. The subdivider shall maintain adequate erosion control (per approved plans most revised date February 23, 1990 by Gerald H. Sunde) throughout the construction of the drainage improvements and until all ground cover disturbed on the property is restored. 10. The developer to create easements in favor of the homeowners association over Lots 1, Block 1, and Lo # Block 4 for the purpose of maintenance and upkeep or the monuments. The City approves the monuments proposed on plans dated December 19, 1989, revised January 9, 1990 by Gerald M. sunde entitled "Typical Monument Detail that defines a 5 1/2' high, 10 lineal feet in length, 3 wide monuments to be installed on each side of the entrance of the plat road. Page 4 of 7 L i Citv of OROIVO CITY*RESOLUTION OF THE CITY COUNCIL OF NO.^ * 4- . 0 ‘t ORONO 11. All final grading, drainage and road plans shall be donG in accordancG with thG diiGct-i ves of the Minnehaha Creek Watershed District permit and the final report of the City Engineer before any land alterations or construction can begin* The subdivider shall execute a developer s agreement that shall include all required improvements not completed by the filing of the firal plat. The subdivider shall also provide a letter of credit to be written to the amount of 150% of the cost of all outstanding improvements to ensure their completion. The letter of credit must also be submitted prior to final plat approval by the City. The subdivider is hereby advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. 12. The subdivider must submit an approval/permit from the Army Corp. of Engineers for proposed land alterations within a wetland/flood plain area. This permit approval must be submitted before any grading takes place on the property. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Edward H. Sunde of Sunde Land Surveying Inc., dated October 27, 1989, most recent revised date February 23, 1990. 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 sides of the designate^’ wetlands define-^' as drainage easements. c) Designate all ' elevation) as drai: ind areas (areas at or below 970' easements. Page 5 of 7 t-' ; ciTvr OF QRONa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. d) Designate all drainageways and storm sewer as drainage easements on the plat. e) Dedication of right-of-way for v;atertown Road. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. ^ortoaoe holders or others with property interest TnailaCd therein shell si^n the plat and all other documents affected by such interest, h) The acolicant must provide certified copies of all rlcorSld easements currently affecting the property. Evecuted drainage easements over all drainageways and s*torrse«er lines if applicable («ee^p^ enclosed), to include all h7o" eleSItion!within flood plain/wetlands area below 970 elevation. d) Executed Flowage and Conservation Easeirent over all designated wetland areas at or below 970 elevation (see sample enclosed). sioned and executed developer’s agreement and letter of credit to cover all required improver,ents not completed by final plat approval (see sample developer*s agreement enclosed). f) Executed toad and utilities °''!Loleprivate road outlots (outlots A, D and E - sample enclosed). g) Private covenants in a form division of ownership and maintenance of the private road and drainage facilities (see sample covenant enclosed). h) Executed drainfield covenant prepared aUinst each lot to be amended per directives of Item 8 in conditions of approval. i) completed application for private subdivider shall have the choice of the with in Outlots A and D (see form attached). Page 6 of 7 i r t tI fcr: cmcitrlI IlORONCj City of ORONO OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ C. PEES TO BE PAID: Total Due $300♦00 a) Final plat fee = $150.00 b) Legal review and filing fees of $150.00 c) Park dedication fee per current schedule « 16 lots X $200.00/lot = $3,200.00 already paid by subdivider Adopted by the City Council of the City of Orono, Minnesota at a regular meeting Iveld this 12th day of March, 1990. ATTEST: R. GrabeK, Wayor STATE OF INESOTA ) ) SS. COONTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of March, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor i City Clerk of the City of Orono, a Minnesota municipal corporation and said instrwnant was ex0cut©d on bahal- of the City. Notar My cotoiTfej^M^ "mbnnww COUMn SL “ — Page 1 of 1 A il J i ...I...... -■^-' 1L»t.XI-ii? 1 :•• • . l-**---^*.— PKLiMiMAi)Y PLJiT ZfiINDIAN CREEK RESOLUTION’ =2"64 ^«m»T e «»«- 'if '»«▼ *•,.\\ ' S' ^ /'Q^\“ A J V N «jy .4" ] ;f rLl) / -7 ----T ■■ -j '--•7f y^„».<‘nouTLOT I e •— (B U •l^a . • r— 1.* : i 4 . • ui zI'.'fe : : -r" J, /iV i I— M«» *•• ••■•»• » •■ • ••• i ^ a«0 t A * *‘^ ** <*** ** **** • , JiTwi .*. .• »« V''- tWtaM ’V 4tl9»/ 4 « •^••* "J 2 —— _ •— -*• ••• — —■ •—• '••trAiii • I Va .•■«••*• •• •• * *“** ••*“ t —• «•• 'TU t I I ••• • •*|^ * K'X^J*?.T'/■T^iTT,/''^ / /n3- A — *“-f -tA»:— • M IM tM I M Mt.lW *•■* »\ira r V »«.»«■ •■•* M.M* l.l» • !.•■• I ■« Itf »•! • M • .»! #• ••*• ^a«S" N w%^*r • IM.IM •«.»«. • •-•••«* • •!■■■ I t«* • ••• ■■•If** •* »•lift* mm ti«»4 I OATt 1mm j——^■^1—« itff PiAT or MM cmi m M AcAti am,um r': ■ Vi t r < r MERCHANT & GOULD February 11, 1991 Mcfchani. Guuld. Smith.’ ••.t D G *j.d DaM'pf ’ rn' *r.R I’ert > ’ Be- c ? ^ . r H ^ ^* i A!»r »V K lit - «t G«***rce H »»ale- Edell. Weller Schmidt T E>t.Mi.r.aei'- '--rr;..C,r**jory M Tav; *r ?r r lU \ • r r D.*r.;r. SvD'J.***’!Kr.'tine M Strodthoff • •••■;.» '<r.Tu»r.n 1 Ai- M T':, rr.a» E w*a.'j»‘r.5en ?a*.«rr*.. T-a 2-T.ar *.^ p.r. * '•arr.r.er*R >i)**r* ' ; •ee*!Sie\t*n C. 3r•ir^^ ' p*.A.an'j ' ar.'on n.ir.:i*i j Kliin J..ri A. PkOihfu> Mijr.i-a* L S WVr. u M M.D .HAid Mark A Rriii Earl D Keiiac'i Linda M. 3v»‘n**Kevin W Raa>cn Cenirf Pavmond A B-'ifuchi Mark D Scfitimun Karl Cf. Sch^appach* 90 South Sr?v»»nth >trept rharie< fc. ‘loiU Kanciail A. Hiii>on Matthew J. Gocvni D .J W'llli.irr.*J'»hr. P S’ir.r.t-r Antonv G Mundeim# Mir.r.PiDOiiv Minr»'.-oia D A r Br! »n H Mark J Ciebhardl r s v.4‘12 Aih**r! L I’nderhill Da^ id K. Tcllt'k'on •e a •• ••&.<• #k9 i) Kanoaii Kini;KaLie r inuiane lr\ ^ MlCPiUPt H. La.'KV .lonn J ijre»rn? TelpT ."MIV.U Mi’J Mp'Turti* B Har.rt* Michael D Sc.*iununn Sip\>n J Ke«»u^h Pam E Lacy "i'll)**Michael L Mau John A. Clifford Mark J DiTietro John L Kr.t'pie Micneile M Michei Philip P Ca?per> Direct dial 336-4633 VV Luri'ibprc ‘Irec'ory A Sebaid Warren D WVie^^ner Jane H Arrett T;?nothv R »r.ra*i A iarre<i NeGon •Admitted n Illinois Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Indian Creek (Now Crystal Creek) Subdivision p£B 1 2 Dear Jeanne: Thank you for meeting with me on Friday to discuss the Crystal Creek subdivision plat. I am writing to summarize the discussion. As you know, we have been working together on this project since the summer of 1989. I devoted a great amount of my time and financial resources to the project to make it the best it can be and befitting the City of Orono. Together, we carried this through a number of meetings of the Planning Commission and on to a preliminary plat approval by the Orono City Council in March of 1990. I think everyone is proud of the final product. I would like to thank you and your staff for your skillful, professional assistance. As we were designin* variance from Orono and as a permit from the Arm^ ? plat, we knew that it required a '.nnehaha Watershed District, as well 3 of Engineers, since we placed the MiJUlfipOtU SMin% Pittl lot Angeles Jeanne A. Mabusth February 11/ 1991 Page 2 r' northerly part of the road in what is now a treed area, but was designed a wetland approximately 30 years ago. As you know, both the Watershed District and the Corps re- ired that we obtain Orono Council approval of the plat before they would consider the project and decide whether to issue the variance and permit. Thus, we first obtained plat approval from Orono. After we obtained Council approval, the Watershed District granted their variance, but the Corps, after months of meetings, refused to issue the permit for the northerly portion of the road. If you will recall, we placed the road in the former wetland area in order to access the northerly four lots of this 16 lot subdivision. Among the reasons that caused Orono to grant the variance for that road placement was that if the road were constructed on the only other access to the northerly four lots, through Lots 6 and 7 of Block 2, there would be a "loss of major portions of [maple] trees". Furthermore, not only would these important maple trees be lost, but Lot 6 would be impaired and Lot 7 would be totally lost since its septic fields are located the road would have to be placed. Therefore, the northerly four lots could not be realistically accessed except through the former wetland area as per the plat. Since, as the Orono Council founu, ”[t]he nature of the wetlands has changed over the 30 years since it was originally designated as a protected area ..." and ^.’jature trees now occupy what was once classified as a marsh land ..." with "no obvious sign of flooding or retention of flood waters . . .", a variance was granted to permit the road in the former wetland in order to access those northerly four lots. As I said, the Minnehaha Creek Watershed District granted a permit as well. As you know, the reasoning of Orono and the Watershed was thoroughly discussed with the Corps. They understood why the other government bodies gra.nted their variances and seemed to accept their findings as jtistified. We asked the Corps to grant their permit on the same basis. However, they refused, their justification being that the northerly portion might be accessed at some time in the future through some other property not now owned by me. Given their decision, my alternatives are to either litigate with the Corps or accept their decision that the northerly 4 lots cannot be accessed at this time. I have no economically realistic choice but to accept their position. Therefore, I am willing to modify the plat to make the northerly 4 lots an * y, h '■f,. fV' ' *. Jeanne A. Mabusth February 11, 1991 Page 3 exception to the development. These lots wil^ be developed only if, and when, I obtain a road access to that land, and I am willing to have the plat and Resolution so provide. Since I have already paid the park dedication fee for those lots, I only ask that, when I develop those lots, I not have to pay an additional park dedication fee. I can accept the Corps' decision by making a simple modification to the approved plat to create an exception. I am enclosing a marked-up copy of the original plat showing the exception of the northerly four lots. This copy is per our discussion on Friday. As you can see, the plat is now limited to 12 lots. At the meeting on Friday, you requested some minor changes; I am willing to work with you to accomplish Orono's objectives. Furthermore, as I told you on Friday, I am willing to use land in the excepted northerly portion to add features to the 12 lot subdivision. Specifically, I have asked the Corps to approve recreational paths and a community center in the northerly portion of the property which I will give to the 12 lot subdivision. I will let you know if they approve those features. I am disappointed with only being able to develop 12 lots with no assurances that the other land will be developed. I am also disappointed that those four lots may not be able to be a part of the Crystal Creek area with access through the Crystal Creek road. But I have no choice. I trust that we can complete this plat with as little delay as possible. I am in the process of having my engineer modify the plat, and we are incorporating your suggestions. This has been a long and arduous task, but we have finally reached the end. I would like to thank you again for the excellent assistance of the Orono staff. Very truly yours. Alan G. Carlson AGC:Imb Enclosure m —*•- t. i I f X / f • P >1 ■ 1I * ___'—. . I ‘J-'r.J *^ ! ’ ' 'L •••'^r.'**»=■'-" "■ ""‘g'jRLifiGrori ^opthpom PAit.n-.'AC-,' _, ,-j — ;—«■■■••• ;----------------~------------ - '**' ■■ ■ *“ I '•tV•'•*•*-. ilZ^r. • - --------- ;----------- > ■ i_____^ .-1' .* "*' ' ' ii • I • .1 •■* ■ '. •> ‘ ''■ ' ' *'' ! ' . ' ,y > \ .x-viir-’V,-(\. \I ' '■ ' •! /' - V. ■ : \ ■ /•/’/" 11 / V\ , ■ j.iibrr''-'' V,/.// ^ • 2 ^; ... \'; -n q:;-" ;. ,/ • • • ^ i . O'. . ; \ ^ • >' ! I 'i •. *1, I ) I ' Iir } • M • nr lAn i; -\ \ W\. \ 4 ‘ k • - • 4i r \ ; f ■!U > u-Vv\ t- (:-V, .•■••• •! ! ' own ' ,,. , ••iStMc ■fi* r.ViMtmt . • i^Minx.i s«i»****» ^r«ii<iTUHf • ,Ai .Mil «in i .- J • ■>' ••*• *• ‘ / 1/ :v. t—• /■ v\._. B . «• I« ••?•• ’ • • • m ■••* I ■*1,^ ■! /, V'f i . X' \\ - 7 / 1'^ 7 •. ' —\ t I " • , \ k: , /" : 'i H » I MN . f • f 4 • *1 ■ -/jy^ ■ l> ^ / •' I J'pv/ O f * TFvr.r;r"„i > .• M *• •«••«• I * t •• • 0m <#• «« •-•- M«.» •.*••••— • -•••-• . •••••• .-• •• '• '-•• V * ../t/j {. ■■ . ' V' 3.V- . >/ J •/. /?". !i. i I V » 1 _____________ -''n - -1 -i' :>Nii: I* >1 I': 1 'v-. rH ••• TI * I \ ^ p »• •. i l:..miAO ^ ^ '<ir..;:. ' •' / ■*••':i'in?JI .jTi.r-.^rr I !■ I . - - - , • n««« «t ^ ••••• t**««i* ■•• 'U' %•«•« ««4 I I ••MB* a* V • (•I« n . <«rsl«a* ••« • .aaMMM iMB • ..M •»* • <« • *1 -« I • • M “ Mtt* »..,--------•• -■«•—* ar* i. • *•• * « .••* t«..a *•• •»•—•».«• .■ • ,..iia II » •-•» ,r~llf •.••••I f r>tm t..*.lf*ii*» .»•••• •••••I i.««li «»» **•• •'••* •. •l•••••« *••/ '*••*'••’• •* . ~ ••! ..***.#*l^ •*•••' *-• *• • ••! ••#»• wa|*a • ••.•I* *■• »••••••• ••••* ••«•• M*.^^ •«* •••••« • « ” •!• «..||« ••••••.rf •“'• » ••* !«..• • N».»B •••.•«•»• ••I.* • *.,• I».« *.-«•« I • • I r«apw«t«aaf »• •»•<«• • '•• *•••••! »«»• •*• •* • •<• I ••• m *«•*«• it«»*i / •*••':,'m?J iV. ••t I •V $ ’I ■ ■;-4 ,-ji ■ v1 T.- • 1 '* *•*• t 0 ** 0 • :*• /. .. .: •■.•*, . ■Ifif-1* • • a -•a I • .•• . r •‘i . i •• • Bonestroo Rosene Anderlik & Associates Cot G 3one«rsa f’E '.v ^iere PE .Cieor, C pe Va*-. r L Scr.4^ 9<r?a/a £ *u/»vt P£ <OC'?'T G iujar c ^ Engineers A Architects ^rff* -* GcfOor Pi Peri’S A‘ ^E C 3wr'5a^ ^E • Bourccr PE Va-'» * *^ansor P£ "rc ^ PC V<*'ae* * Paut'^a'^^ ®E ^ezr” 9 p£ Cav<: C L^uoca '^E ’’-cr*ai ^ "preTor ^6 veraet C PE 9 Va^rv3 pg *^r«n P ^noerwn p£ 9 90i^ PE Pocjer C 9u\jet a a •*'cr^ai £ Angus. Mo^A-aitJ A Santoro PE Can*. ^ Eigrrsr p* Mar* A 3^ Pg pn.io , Caswver: p£ smae* Martiner p£ Mar* c X^at4<\ p£ Thernas 9 Anejerjon a i a Gary p Pyanoe' pE M*ies 8 ^$en Pi 4, Pn.^^Q Q/^v^ ,jj P£ ®ene c p'umarr. A i a Aqnes M 9ing. A i »* » o Apftzscn pE Cfc oC’v>^ pg 9ooerr 9 CTCtow* P£ Gary vV Mtxier* Pg C*'anes A ErKAson .eo M PjMWAv Ha<*an M G'son March 11, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Jeanne Mabusth Re: Crystal Creek File No. 139-1457 Dear Jeanne: We have reviewed the revised Crystal Creek Preliminary plan submitted on the Alan Carlson property. The private street (Outlot A) should be terminated in a cul-d-sac. This would be temporary and used until the property to the east is developed. The flooding and drainage easements should be shown on Outlot D. The construction of a flood control structure on Outlot C will be required. The drainage swale along the west line of lots 1 and 2 will be necessary. An easement over the 15" culvert on Lot 1 Block 2 and Lot 5 Block 3 will be required. The plan should indicate which typical section is to be used where on the street. The proposed monument location should be shown on the plan. The street plans and profile sheet should be completed. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:dh £4*4 233S West Hlgfwvay 36 • St. Paul, Minnesota 55113 • 612-636-4600 To:Jeanne A. Mabusth, Building & Zoning Administrator Fron:Michael P. Gaffron, Asst Planning S Zoning Administrator Date:March 13r 1991 *■: Subject: Crystal Creek Subdivision - Version #9 (3/12/91) I have reviewed the revised subdivision and grading plan, and would make the following comments: Lot 1 Block 1 - At the northwest corner, the plan now shows a swaie along the north and west lot lines. This swale does not appear to continue far enough towards Watertown Road to divert water away from the Senn drainfield sites. This needs to be rectified. During construction of this swale, the northwest drainfield site must be protected by fencing. At the south end, a berm located approximately 20' north of the fence line appears to be proposed. While the grading lines do not touch the drainfield siter^ this site must also be fenced and protected from grading traffic during construction of the berms and the private road. I am not 5ure why the berm is necessary given the already existing road bank, and the mere fact that the berms are proposed creates potential for disruption of the drainfield site. Lot 2, Block 1 - Only one of the two previously proposed drainfield sites is shown. I presume this is an oversight. The second site must be added to the map. Both sites need to be protected from any construction traffic that is involved in removal of the existing driveway. Lot 3, Block 1 - Drainfield sites are shown exactly as previously, and should pose not problems for locating a house on the property. Lot 4, Block 1 - Drainfield sites are still shown at the base of the hill, and are above the 970' floodplain contour. Because applicant's field work resulted in redefinition of the 970' contour line between versions #6 and #7, both sites are suitable for sewage treatment systems with no hazard of flooding. Lot 5» Block 1 - The same comments apply here as for Lot 4, Block 1. I would note that this grading plan shows a berm and culvert as a flood control measure just upstream from the drainfield sites as had been previously discussed. This should provide additional protection of these mound sites. Lot 1# Block 2 (was Lot 6, Block 4) ~ The south end of these sites should be fenced off to protect them from damage during road construction. I !»• k Crystal Creek Subdivision March 13, 1991 Page 2 of 3 - Version #9 (3/12/91) Lot 2, Block 2 (was Lot 7, Block 4) - These drainfield sites have been shifted westward to accommodate the 50' future road right-of-way at the east end of the lot. DocuBcntation Bust be provided froB the site evaluator indicating that this shift is feasible. Lot 1, Block 3 - A significant berm is proposed adjacent to the south end of the southwesterly site. This site must be fenced off during road and berm construction to guarantee no traffic over it. Lot 2, Block 3 - No changes from previous information. The sites are suitably located and at the east end of the lot. Lot 3, Block 3 - No change from previous plans. The drainfield sites are fairly close to the walkout side of the house, so placement of the house closer to the road would be beneficial from a septic standpoint. Note that because there will be swale construction through this lot, the drainfield sites should be protected from extraneous traffic. Lot 4, Block 3 - No change from previous plans. Grading of the swale must not allow traffic uphill into the mound sites. Lot 5, Block 3 - Drainfield sites '^ave been shifted to the south and southeast to accommodate the relocated roadway. DocuBontation Bust be subBitted frc» the site evaluator indicating that the relocation is feasible. These sites should be fenced off to protect them from road construction on the north and swale construction on the east. Review of Walking Trails/Bike Trails - The trail system proposed in the north half of the property will for the most part have no impact on drainfield sites. If there is a trail connection between the end of the private road to be constructed and the east side of Lot 2, Block 2, along the south lot line, that bike trail will be fairly close to the drainfield sites on that lot. Depending on the width and construction of the bike path, this might or might not be a problem. In the northeast end of the property, in what used to be Lot 1, Block 3 in version #7, the drainfield sites need to hug the east lot line at the top of the hill. A bike path adjacent to the lot line in this area would have a negative effect on those sites and should be rerouted to miss those sites if a bike trail in that area is developed. f'- ■f p- I Crystal Creek Subdivision - Version #9 (3/12/91) March 13» 1991 Page 3 of 3 General Co«enta, Re: Septic Systems - Each proposed lot contains approved primary and alternate drainfield sites. All sites require mound systems due to soil conditions. Because road construction and swale construction will allow grading traffic over a wide ranging area of this property^ and because in many cases the two drainfield sites shown are the available sites for a given lot, it is critical that those sites be protected during road and swale/berm construction. Where drainfield sites are relatively near actual grading areas, fencing should surround those sites, where (i posts”and^rope? ma*y suffice. These protected measures should remain until all grading work on the property is complete. In addition to the documentation needed for the relocated drainfield sites on Lot 2, Block 2 and Lot 5, Block 3, a review of the septic information submitted by S-P Testing and a review of versions #1-8 of the site and grading plans reveals that althonoh percolation/boring hole locations have been shorn, they li^Yo not been numbered so it is impossible to known which hole is which on each lot. This information is necessary and should be provided by S-P Testing or shown on a copy of the plat drawings. N*' VL " ■ V- V' ■Ki, mJH DATE 06/2S/S9BATCH 00^ LONG LAKE ft4 SSlSb PROP AODR ONNCR NAtC TAXPAYER NAHE/AOOR 38 05-117-23 11 0005 00095 LEAF ST E C GRAHAM JR ETAL E C GRAHAM JR 95 LEAF ST LONG LAKE MN 55356 PROP AODR 0»tCR NAME TAXPAYER NAME/AODR 38 32-118-23 66 0001 03220 HATERTO^tl RD CAROL L SENII CAROL L SEltl 960 S BRONN ROAD HAYZATA 191 55391 PROP AODR OltCR NAt« TAXPAYER riAIC/AOOR 3B 33-118-23 23 0002 03025 NAYZATA BLVD ROBERT E I KATHRYN OUMAS ROBERT E I KATHRYN DUMAS 3025 HAYZATA BLVO LOlO LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST ORONO MT4 55356 38 32-118-23 16 0002 03265 WAYZATA BLVO H F EISINGER ETAL HOHARD F EISINGER 3265 HAYZATA BLVO L0T4G LAKE MN 55356 38 32-118-23 66 0002 03280 HATERTCMI RD DAM HART DOUGLAS H HART 3280 HATFRTONN ROAD LONG LAKE MN 55356 38 33-118-23 31 0002 00365 OLD CRYSTAL DAY RD N GEORGE E JOHNSON ETAL GEORGE E .mHNSON 365 OLD CRYSTAL BAY RD LONG LAKE M4 55356 REPORT flO. P1635601 PAGE 1238 06-117-23 22 0003 58 O';-117-23 22 0007 38 04-117-23 22 00081:PROP ADDR 03195 HATERTat4 RO 00025 CYGNET PL 00065 CYGNET PL GItCR NAME 0 E MERZ IDF MERZ JOSEPH S < AMI L FISCHER DIANE L KOEPKE 1 TAXPAYER DOUGLAS E A DIANE F MERZ JOSEPH S A AMI L FISCHER DIANE L KOEPKE f NAHE/ADOR 3195 HATERT0I94 RO 25 CYGNET PLACE 65 CYGNET P<ACE\ *r 'LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE 55356 1 38 06-117-23 22 0016 38 06-117-23 22 0017 38 04-117-23 22 0024 r''PROP ADDR D0060 CYGNET PL 00080 CYGT4ET PL 00020 CYGNET PL CMCR NAME RICHARD J DUNLAP P A A VITKO T A C SHIEJA ■ TAXPAYER ^LAN 3L0N1M PAUL A A AMI L VITKO TIIOHAS < CHRl ’SA SMIEJA NAME/AODR 60 CYGT4ET PLACE 60 CYGftET PLACE P 0 BOX 71 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE 55556 38 06-117-23 22 0027 38 06-117-23 22 0028 38 05-117-23 11 0001 f,PROP ADDR 03065 HATERTOHN RO 03245 NATERT06M RO -j';CMCR NAME EST OF LAURA FERRELL BRUCE C A KATHRYN S HALL C A A RHAME TAXPAYER HARO P FERRFLL BRUCF C A KATHRYN S HALL CARL P RHAME NAME/AODR 3605 NATERTOi^tl RD 3065 ^ iTERTOHN RD 5245 HATERTOFM ROAD LONG LAKE MN 55356 38 32-118-23 61 0001 00036 ADDRESS UNASSIGNED PAUL A STUBS * LYNOON STUBBS 185 OLD CRYSTAL BAY RD LONG LAKE MN 55356 '•V? .11 38 32-118-23 66 0003 03280 HATERTOHN RD DAM HART DOUGLAS N HART 3280 HATERTOHN ROAD LONG LAKE MN 55356 Se 33-110-23 31 0004 00315 OLD CRYSTAL BAY RD A t A CtffiLEHAN ALLAN J EN6LEHAN 315 OLD CRYSTAL BAY RO LONG LAKE NN 5535A rV. 4 Vv-MM DATE 0A/2S/89 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»CRS LIST REPORT NO. P19S5401 PAGE 13 BATCH 009 PROP ADOR IMCR NAME TAXPAYER NAHE/AOOR SB 53-118-23 31 0005 00285 OLD CRYSTAL RAY RO N HAT NRIGHT ETAL H/L EST THELMA A NRXGHT 285 N OLD CRYSTAL BAY RO LONG LAKE Ftl 55356 PROP AOOR 0«CR NAME TAXPAYER NAHE/AOOR 30 33-118-23 32 0001 03190 MATERTOMI RO H J PANUSKA ETAL OR HAROLD J PANUSKA 670 SOUTHOALE MED BLOG EOINA »tl 55935 PROP AOOR OMCR NAME TAXPAYER NAHE/AOOR 38 33-118-23 39 0002 00115 OLD CRYSTAL BAY RO N VERNICE LILLIAN HHITE VERNICE L NHITE 115 OLD CRYSTAL BAY RO N f 58 53-118-23 31 0007 00225 OLD CRYSTAL BAY RO N S K GOLDSMITH A L D SCMWIE S K GOLDSMITH A L 0 SCHHIE 1017 EAST HAYZATA BLVD HAYZATA MN 55391 38 33-118-23 31 0011 00265 OLD CRYSTAL BAY RO N AGNES HEINZEN ET AL K/L EST SCOTT K GOLDSMITH 1017 HAYZATA BLVO HAYZATA MN 55391 58 33-118-23 33 0001 03020 NATERTOFtt RO R A STUBBS ETAL R A STUBBS 3020 HATERTOFM RO LONG LAKE Ttl 55356 38 33-118-23 39 0001 00185 OLD CRYSTAL BAY RD N L S STUBBS ETAL LYDON SHERNOOO STUBBS 185 OLD CRYSTAL BAY RD N LONG LAKE EM 55356 r I • V. • -i. . n J .! TOTAL BATCH 009 00025 V V: ' es-K];V! I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORIUTION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNONLE06E ANO BELIEF. DATE 6 . y/r BY % trn\. * • 1 ' 1 M ■V !:^V n ?>i ■X:.' kr .■<•■U %■ iWih X0HIH6 PILB NO. 1457/1630 CITY OF OKONO P.O. Box 66 Crystal Bay, MN NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 C of Notice: 3/22/91 lOs Alan Carlson 3125 Fox Street Long Lake# MM 55356 COPIES TO:Gary Peterson 315 East Lake Street Wayrata# MN 55391 G. Sundee Sundee Engineering 9001 East Bloomington Fr%ry Bloomington# MN 55420 OP AFPLICATIONi #1497 Preliminary Subdivision #1630 Conditional Use Permit/Variance OATB OP PINGt 3/18/91 - 3/20/91 J^pllcation #1497 Revised Preliminary Subdivision - Planning Cosmiission approved the revised preliminary plan submitted 3/18/91 subject to conditions set forth in original resolution granting approval of the 16 lot preliminary plat that would be appropriate or pertinent for the current 12 lot plat. Applicant will receive a copy of a nee preliminary approval resolution prior to the Council meeting. Applicant's next scheduled meeting is confirmed at the Council meeting of April 8# 1991; meeting starts at 7:00 p.m* Applicatioa 91C 30 Comdltloiial Dee PermitAarlance Planning Commission tabled all action on application #1630 pending receipt of additional information or resolve of the following Issues: A. Bike or hiking trails: 1. A final plan locating trails. The plan should include amount of fill to be placed below the 970 flood plain elevation. Applicant is further advised that filling for trails or any other filling below 'the 970 elevation that is proposed would require permit review and approval from the M.C.N.O. Applicant is asked to submit a plan of the trail system as soon as resolve is reached with the Corp of Engineers so that the Orono Engineer can determine if compensatory excavations will be necessary (compensatory excavations will be dependent upon the amount of fill to be placed below 970 elevation). F Planning Commission Action Notice Application #1457/1630 Page 2 of 2 March 22f 1991 B, Tennis court; 1. Applicant seeks a variance to the regulations/standards of the wetland ordinances of the City. You must provide hardships as to why you propose filling below the 970 elevation for the installation of the court and the inability to meet the require 26* setback from the 970 elevation (you may wish to include as a finding the need to place the tennis court in a north/soutn placement). Applicant should address why land area to surrounded by wetlands when other contiguous land areas exis within the outlot areas. 2, Applicant should address any other accessory improvements associated with tennis court (i.e. use of lights, fencing, type of court Ipaved, grassed)). C. Gazebo: area of the outlet. 2. Provide conceptual floor plan/elevations of gazebo structure. 3. Provide information as to how 10,000 ton pumping vehicle is to achieve access to island area - hiking trails or bike paths are not appropriate access ways for such intense use. r 4. Applicant should be advised that you will be required to seek special Council approval for the use of holding tanks for new development : a. Setback of 75’ is required for any septic dralnfield/tank from a wetland area (970*). A variance would have to be granted to the septic code. Applicant ’s next scheduled Planning Commission meeting #1630) is dependent upon receipt of additional information. Ji”®,jS? the April 15th meeting is April 4, 1991 or May 9th for the May 20, 1991 meeting. If you have any questions pertaining to the directives noted above. Please contact Jeanne Mabusth at the Zoning Department at 473-7357. [fp' •I I I- P^-P Tbs Mayor Peterson 6 Orono Council Members City Administrator Bernhardson / FroBs Dates Subjects April 1» 1991 #1622 P. John Hardin, 1496 Park Drive - Variance - Resolution % District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application ■ Request for front yard setback variance to construct entryway and covered porch to existing residence. List of Bzhibita Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Proposed Resolution Notice of Planning Commission Action 3-21-91 Planning Commission Minutes 3-18/20-91 Floor Plan Submitted 3-20-91 Memo and Exhibits of 3-6-91 Discussion Please review the memo and exhibits of 3/6/91. Briefly, applicant requests a front setback variance of 7' from the 35' requirement, to construct additions to the existing residence. At the Planning Commission's March 20th meeting, applicant provided a floor plan layout Indicating the relationship of the new porch and entryway to the living room, and showing the increase in site of the bedroom on the second floor. On a vote of 4 to 0, Planning Commission recommended approval of the front setback variance, finding: Mo impact on the neighborhood. The hardship is the existing house location and room layout, also the fact that the house was built prior to the current setback requirements. Planning Commission included in their motion that the resolution should specify no further encroachment towards the road would be appropriate after this addition is completed. Staff irarnamanitatl Staff recommends approval per the Planning Commission recosmendation. A resolution for approval of the front setback variance is attached. Isv r!-' SI.. A RBSOLUTION GRAMTIIIG A VARIAHCB TO MUNICIPAL X0NIN6 CODE SECTION 10.24, SUBDIVISION 5(B) FILE #1622 NHBBBAS, F. John Hardin (hereinafter "the applicant") is the owner of the property located at 1496 ParJc Drive within the City of Orono (hereinafter "City”) and legally described as follows: Lota 4 and 5, Bloclc 14, Saga Rill Revised, Hennepin County, Minnesota also conmencing at the Southwest corner of Lot 4, BlocJc 14, Saga Hill Revised, Hennepin County, Minnesota; thence South to the Northeast corner of Lot 6, Bloclc 14; thence 54.4 feet East to the West line of Lot 94, Highwood Lalce Minnetonlca; thence North to the intersection with the Northerly line of Lot 4, Block 14 extended; thence Northwesterly to the point of beginning, (hereinafter "the property"); and WBBRBAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to pernit the construction of room and porch additions to the existing residence, such additions being located 28* from the front lot line where a 35* front yard setback is normally required. Minnesotai NO«» THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1622. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on March 18 and 20, 1991, and recommended approval of the proposed variance based upon the following findings: a) The proposed variance will have no impact on the neighborhood, and the proposed setback is not out of character with other houses in the neighborhood. b) The existing house was built prior to current Cods^ requiring 35* front setback. Page 1 of 4 c) The existing house location and room layout a hardships to the property which justify the granting of variance. are a 4. 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. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district? that granting the variance would not adversely affect 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. CXMCLOSIOMS, ORDER AMD CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit the construction of porch and room additions per the proposed plan, allowing a front yard setback of 28' where a 35' front yard setback would normally be required, subject to the following conditions: 1. In granting this variance, it is the intent of the Council that no further encroachments toward the road be allowed for this property. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date ( April 8, 1992). 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. Page 2 of 4 * &Ifp.n f; }- L?/' f.‘.. fe' !« LU-i H: i;.' 'I ‘ *'• R .ri ^>L 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1991. Adopted by the Orono City Council on this 8th day of April, ATTEST: Dorothy M. HaUln, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) 8S. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 6th day of April, 1991, by Barbara A. Peterson & Dorothy M. Rallin, Mayor s 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 F CIH « 0««K> M 55323 473-7357 ________________________________________________________ wr'prSota'Hlrain .......... CO*’!’® ’“= 14»C Park Driv^ Mound# MN 55364 _______________________________________________ TXn OF AFPLICJkTIOM: Variance_ _ _ _ _ _______ _ _ _ _ _ ____ _ _ _ _ _ _ SS’«‘l^Wr"-Ii/20-9l VOTE. 4 Por 0 Against riaaatag Co««l»aioo r»ce»anrta the following* Approval as aubaitted MOHS AMD SPECIAL C0MDITI0H8: .u..v.r;.S-i”. vs.'.‘s.nv.v approval by the Planning Commission, lav f/. ¥ % f' fi ■ V- rr. s i: ft'- rtI"'I-'i ■i' V. r;. ^ I 'f lir I I Living / il 7, >• K i‘4c^£i II-f t I » . I I K'w Vs------ i: 'll h •r»* ^ 1 < -r CitMi L tv Poom M » Ck»it^ Ir. V f)eu roitk Nil I^OOI \ f \ fcj- I Ho C^( /g«CU*^ i-k:-.; gxH\&rr 2-2o-^: Current Proposed \/DMfiNOf ^ I^ZZ pleor PIah Loy^r f\4Qt C>Qyrc>^‘t* ProPoieA I MfittMtf ^IWlz Flo*lr Plow Uppqr Ploo|r Tot Planning ComTr«ission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael ?. Gaffron, Asst Planning s Zoning Administrator Date:March 6, 1991 Subject: 11622 F. John Hardin, 1496 Park Drive Variance - Public Hearing Soiling District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for front yard setback variance to construct ‘“•'tr'-way and covered porch to exir^ting residence. List of Exhibits Exhibit A Exhibit £ Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Plat Map Property Owners List Survey Neighborhood Survey Compilation Letter of Request Footprint Diagram Elevation views Pertinent Code Section - Section 10.24, Subdivision 5 (B) - Requires 35' front yard setback. Existing Setback = 33' Proposed Setback » 28* Required Setback = 35' Variance ■ 7' or 20% Pertinent Pacts - 1.The northwesterly corner of the existing house extends 2' into the 35' required setback. The amount of existing structure encroaching is approximately 4 square feet. 2.Applicant proposes a two story -intlyway, 4* deep by 10* wide, jnd a op"' ^ cory covered porca ? long the west and south sideu of the Kc,^ie. At the northwest corner, the porch will be 28* frost the street lot line. The amount of porch/entry structure «. broaching will be approximately 98 s.f. 3.The applicant cites the need for a^ iitional living and closet space on the lower level and additional space for the master bedroom on the upper floor. ■ g; . Zoning File #1622 March 6, 1991 Page 2 of 2 • ^ 4, Exhibit E is c. conpilaticn of surveys in the immediate neighborhood, a significant of houses in the ne*.ghborhood enc-roach into the 35* front setback. Directly across the street, the house at 1448 Park Drive was allowed to extend as close as 16' to the right-of-way in 1904. In 1977, an addition at 1442 Park Drive was required to be off­ set from the existhouse to meet the 35* front setback. Discussion ' The existing residence was constructed prior to adoption of the 35' setback requirement. The location of the existing house and its floor layout, along with a need for additional indoor and outdoor space, are the justifications presented by the applicant for granting a variance. In formulating a recommendation on this request. Planning Commissic . should consider the following questions: A. Are there special conditions or circumstances affecting this property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his land? B. Is the variance necessary for preservation and enjoyment of a substantial property right of the homeowner? C. Will ' pr' * “ wel granting of che variance be detrimental to the e or injurious to other property in the area? D. the plight of the landowner due to circumstances un. a to this property not created by the landowner? E. Will granting of the variance alter the essential character of the locality? F. Is the granting of the variance necessary to alleviate demonstrable hardship or difficulty, or will it merely serve as a convenience to the applicant? Neither hardcover nor lot coverage are an issue on this property. Hardcover will be a?, oximately 12.2% where as much as 30% wo Id be allowed. Lot cove je by structures will be 7.2%, about half of the 15% lot cov*> o allowed. ItaccaHMiidAt^on ~ If Planning Commission feels that the variance is juauified, a recommendation for approval making specific findings of fact should be included in the recommendation. •prrr^ I f ^ l-ZO-91 TO 3^1cm OP OROHO • VARIANCE APPLl Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application] After*the-Fact Pees (Double application fee) •if•*v .uV • ■ yV PROPERTY LOCATION s wv Site Address 'Pat'lj r^lrii/^. ^ f^Oi/nd •t.v Vfc'VJ. *•- -- . -.-T .5, Property Identification Number (P.I.O.) 01«II7*1‘^ aot3— Attach legal description to application if not included on required survey. APPLICANT Name p. T<U»v Address: Phone (home) *f*72.-3*7 79 _ _ _ Phone (worlc) 7ft City: Ney^_ _ _ _ _ Zip; Mh- (if different than applicant)Phone (home) Name Phone (work) Address:Citv:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. i; t PIISBHT 08B OP PROPERTY Present Zoning District Lk» o Present Use of Proi.'? .ty Residential Other (specify) OB8CRIPTION Estimated Construction Cost $io,aoo Describe request in detail: 10 fmo i onJ apsi* po»cL Ti ef KswAS-*w - - - - --- - - - - - - - - - - - - --- - - - PRRZANCB8 RBQOIRBD Lot Area Lot Width Hardcover Setbac)c Variances ( X Front Other henC _ _ _ _ _ _ _ _ Side Reor) :K . ■SimL Dsscrxbe undue handshlp or practical difficulty resulting from strict enforcement of zoning regulations; - - <ii>i SMC$ gi»c{ &«■» i»» »«» t>w»*r — pyar^T^Tnw n> mmsilAL PRbPgtTY COIIDlTIOliS Describe unusual property conditions preventing compliance with Zoning u 1. 2. 3. 4. 5. 6. 7. 8. Win §h lU iMiMpn l>> ai»0 tyte at i mir —f.— nsisD SUBIOTTALS Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-6C3 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to^include hardcover calculations as required (provide one (1) copy 8»j"xll'* for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8*i"xll"). Sketches or plans of floor & elevation views (provide 1 copy Sh-xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that voor variance application is not complete—ij—the—»boy e Infoimel Inn h** "*** b—n included. JtftLICAllT'S SIGMATORB The applicant hereby agrees to provide all information required or reqnested by the zoning Administrator, agrees to pay additional fees (staff not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date ( 0MBR8 SZ6IIAT0BB ^ The owner hereby ackowl -*dges and agrees to this application and further authorizes reasonable *ncry onto the property by City staff, consultants, ^^•nts. Commission members, and C*^uncil members for purposes of investiga­ tion and verification of this request. Owner's Signature _ _ _ _ _ _ _Date - - - - - - Applicant must have all submittals into the City offices 25 days before the Vlanning commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled smwiew meetings o£ the Planning CoMission and Council. If an applicant is imiilila CO attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building t Zoning Office of this change prior to the meeting. . #1 wsf aiM Mra •un/nMfCN Ml TMPAVni TAMAVEM MMC/AMR TANMYn TAMPAVlimm/UM i r •'* : I iK . f!t; r, .r»>9km -1 /' St t7>117-» 41 0074 014M OAMC 00 TOM 7 MBiOSCN TOM 7 ANDERSEN 14M DARK OR SS144 001430 07-117-tS 42 01442 DARK OR O I SCHULTZ fTAL OEOROE L SCHULTZ 1442 DARK OR HDUNI m S5S44 SO 07-117-tS 42 0019 01423 DARK M R T HOWLLS ROMRT T HOMELLS 142S DARK OR Wt SSS44 SO 07-117-tS 4S 0M2 04190 NORTH SHORE 01 OEOROE 0 CEASO OEOROR 0 CEASO S17 CO RO SO S0S20 HEI0C7IN COUNTY 7R07ERTY INFORHATION SVSTEH RR07ERTY 0»tCRS LIST SO 07-117-2S 41 007S OOOSO ADDRESS UNASSIGNEO JAMES LAND A AROIS NIEMANN AROIS H NIEHAMI NOONAN SA4 N OMASSO OLVD ST PAUL MN SS124 SO 07-117-2S 42 0015 01442 PARK OR LORENZ H KUTZ ETAL LORENZ H KUTZ 1442 PARK OR MUUNO tM 5SS44 SO 07-117-2S 42 0020 014SS PARK OR N J KELLEN I L C KELLEN MICHAEL J KELLEN 1435 PARK DRIVE MOUND m 55344 SO 07-117-2S 43 0003 015S0 ORCHARD REACH PL L A DOMttV L A DOIOIAY 15304 MINNETOIOCA INO RO M1104ET0MCA 194 55345 30 07-117-2S 42 01422 PARK OR 0 J ANORYS A T L n J ANORVS • T L a422 park drive mound MN 55364 report NO. PI4SS401 PAGE 1OOlS PEDERSEN PEDERSEN ili •< •; so 07-117-SS 4S M14 04E40 NORTH SHORE OR MAP LANDQN NICIIAEL J A PEWIT L LANOON 4E40 NORTH SHORE DRIVE MOUND IM SSS44 SO 07-117-2S 4S 0027 01440 PARR OR STEPHEN J HOMELLS STEPHEN J HOMELLS 1440 PARR DR IM »S44 SO 07-117-2S 45 0015 04210 NORTH SHORE OR NILLIAM 7 KALEY NILLIAM P RALEY 4210 NORTH SHORE OR MOUNO 494 55344 3S 07-117-23 42 0010 01415 PARK OR RONALD BERTAGNOLl ETAL RONALD H DERTAGNOLl 1415 PARK OR MOUNO W4 55344 SO 07-117-2S 4S 0001 00030 AOORESS UNASSIGNEO F J HARDIN III ETAL FRAMCIIN J HARDIN 1494 PARR OR RT 1 MOUNO HN 55544 SO 07-117-25 43 OOlS 01494 PARK OR FRANaiN J HARDIN III FRAMCLIN J HARDIN 1494 PARK OR RT 1 HOUND MN 55344 SO 07-117-2S 4S 0024 01535 ORCHARD BEACH PL NANCY F OELTON NANCY F OELTON 1535 ORCHARD REACH PLACE HOUND MN 55344 TOTAL BATCH 001 00014 . ’ ; » I t. i ;■ fU Adjacent Property Owners' Acknowledgement Fora I (we)L-. . // ^2.O f / ^ ^ *g~. O * ^ _L .,1=^- (print name(s)](print address! p?ope ”VTocated ^^°!^7ro^r"^o^Lan “d Ose Application Vo. _____♦ JDl J ^^ I (we) understand that in execut^g acJ^o^ledgement-j,-(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 use requires Council approval. Property OwlSer Date Property Owner t /C- »-2 - < - 7'' Date I (we)/'Oi (print name(s)] of V^orfK S [print address] have reviewed the plans for the proposed iaprovement or proposed use of the ^I^rty located at .401. ?.wk nr.vt ______al^o referred to as Land Ose Application No. _ _ _• I (we) understand that in executing this acknowledgement, I (are) not asked to declare-aeproval or disapproval of the property or use iut serel? to confirm for the City Council that I (we. am th. -provement plans and that the proposed neighbor s pro:ect requ.. is Council approval. iJf t ^P-7- 9/ Property Owner Date Property 1 rv4-r»n ^ 7-y/ Date If you have any information that may assist the City in the this Land ose Application, please submit your comments to the Building * Zoning Office at least 10 days prior to the scheduled meeting date. m ;•? J a ^ r % '•1" 1 'Q ^ 2 ' L’20C c: > V c 1 • .y • • Summary of Variance Application I am asking for a setback variance to add a ten foot wide by four foot deep addition to the front of the house and an old s^yla open front porch. The addition will provide a front entry way and closet space on the lower floor where there is no closet space now and add necessary space to the master bedroom on the upper floor. The open front porch is needed to provide outside sp<*ce and fits the style of the house. It is seven feet into the thirty five foot setback zone on its northwest corner but is 44 feet from the hard surface road at this closest point. ■f H- cr V- l> ■ • 'k Se*f tacl^ zone 5 35* •Pfeel* - -i vn ^O r«ftc/iU«.y ///Wa Ty/Z///// /. // ^loay U z o r«(o J b f b C MouSft lOjik fwifPttcl* ■vl Prom: Date: Subject: Mayor Petersen & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Ma usth. Building & Zoning Adminis March 13, 1991 % <? #1624 Shoreline Marina & Yacht Club (Dave Carlson) 1955 Shoreline Drive - Commercial Site Plan Review Pertinent Ordinance-* 1. Section 10.41, Subdivision 2 - All applications for a building permit for B-2 lakeshore commercial district shall be reviewed by the Council and may be referred to the Planning Commission for review. Renewal variances. Application #1592, were approved by the Council in October of 1990 that granted approval of setback and hardcover variances for the reconstruction of a new marina/clubhouse building. The variance application is still in effect. Applicant proposes the same building envelope. The property has had two renewal variances since the original approval in 1987 with Application #1142 (renewal Application #1408 & #1592). The current application involves applicant's request for a two-story structure. Application #1408 & #1592 renewals approved a one-story structure (Exhibit N). Original Application #1142 (Exhibit M) approved a two-srory structure. As already noted in the earlier reviews, average lakeshore setback standards are not included in the B-2 zone . In this review staff has attempted to evaluate the intensity of structure proposed with the current application by comparing the previous structures approved for the .Tiarina site. Review Resolution #2891, Exhibit E, the current variance application effective for this property. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Fi Yh 1 h i t* K ~ Application Property Owners List Certificate of Mailing Council Minutes 10/22/90 Resolution #2891 First Floor Plan/South & West Elevations Second Floor Plan/East Elevation & Building Section Signage and Landscape Plan Planting Schedule Hardcover Setback Areas Phetographo of Scalad-MudgT Zoning File>#1624 March 13, Page 2 “Exhibit: - Site Plan Approved for Applications #1408 & vV" #1592 .ExhiljdtX-2- Site Plan Proposed for Current Application v'Exhinit M - Elevations/Site Plan Application #1142 '' Exhibit N - Elevations Applications #1408 & #1592 iV, Review of Current Application - The current application has been filed under the new owner's authority, M. Wagoner. Mr. Toberman has no legal interest in the property. With original Application #1142, several site iinprovewents were required with the reconstruction of a new marina facility. The City Engineer and staff have inspected the site to confirm what improvements have been completed by the former owner, Mr. Toberman. All structures have been removed except one that functions as a temporary office building. The sea wall and new docks have been installed per approved plans. The required water quality/treatment facility has been installed at the time of the sea wall construction. Weepholes have been placed in the sea wall to accomodate drainage from parking lot that first passes through a filtered area consisting of filter fabric and crushed limestone. The third access has been closed off. The property is now served with two approved curb cuts. Upon the site inspection of the property. Cook noted at the southern end of the sea wall, the limestone rock area has been washing away. This area must be filled with similar materials used in original installation to insure integrity of treatment pi^ocess and stability of sea wall. In addition, the parking area is to be paved and the two curb cuts defined with curbing or timbers or any other aceptable means. The new owner proposes no other changes from original plans submitted by Toberman. All proposed improvements on the site that have not been completed consists of fencing, signage, plantings, paving and designation of parking stalls. Applicant has advised that the original lighting proposed will be changed but lighting plan is still in effect. Applicant's representatives will bring samples of new lighting for Planning Commission's review on the night of your meeting. It should also be noted that the Engineer's final review comments will also be presented at your meeting. Please review Exhibits F and G, the elevations of the two- story structure and accessory structures. The height of new facility measured to the mean distance of the highest gable measured from the lakeside or low side is 26'. Review Exhibit M, the original marina building approved with Application #1142 was 25' in height. Review Exhibit N, elevations approved for Applications #1408 and #1592 showed the height at 16'. Zoning File #1624 March 13, 1991 Page 3 Review of accessory structures associated with principal structure for Applications #1142, #1408, #1592 fr #1624 Application #1142 Area = 1,030 s.f. (Exhibit M). It should be noted that a stair from the second story roof deck has not been included in these calculations because plans did not specify. Applications #1408 & #1592 (Exhibit L-1) Area = 1.086 sTf. Application #1624 Area = 1,421 s.f. (Exhibit L-2) (low decks and paved walks = 1,023 s.f., staircase = 86 s.f, upper deck = 312 s.f.) Please note walkways that connect to the lakeside deck are shown as originally approved. The principal structure itself remains at 30 x 40'. The applicant suggests that the proposed design of the structure is more residential and more compatible with the surrounding residential neighborhood. Applicant will have models for your review at your meeting (photos of model found in Exhibit K). Once again, the major issue is the intensity of structure. There is now a two-tiered deck system proposed within the 75' setback area. Applicant has exchanged a 3' wide section of concrete walkway along west side of principal structure for a 96 s.f. dumpster area. The dumpster will be screened with a 6* high privacy fencey as shown on plan (Exhibit L-2). Applicant will replace with a landscaped area not underlain with plastic or fibrous fabric as noted on the plans. An exterior staircase cf approximately 86 s.f. is now proposed along the south side of the principal structure and extending beyond front line of principal structure into lakeshore yard. Issues for Planning Consdssion Consideration 1. What is your position on second story deck located within 75* setback area (portions of which are located within 50' of the lake)? Note original applications approved decking in front of front line of principal structure as a grade level deck^ No railings except for access stairs leading to shoreline walkways. The current plans do not propose railings, only 4 massive support beams/posts for second level deck. 2. Applicant proposes concrete walks adjacent to principal structure on south, north and west side of structure. Original application showed decking. r k; tk ly Zoning File #1624 March 13, 1991 Page 4 3.Building Code requires two exits from second floor. This can be accomplished with two interior stairs. If the outside stair was reduced to one 4' x 4’ landing and redesigned such that there is no encroachment in front of the front line of the principal strucure, would this be more acceptable? Remember Application #1142 was approved with an exterior access stairs coming from the second floor but located to rear of stucture. Options of Action Approval as proposed; or Approval as amended. As with the variance application, the application for building permit must be accompanied by an executed Developer's Agreement and Letter of Credit for the remaining improvements for the marina property (repair of southern sea wall and drainage structure, plantings and paving of parking area). Isv Zoning File #1624 March 28, 1991 Page 5 Additional Exhibits Exhibit 0 Exhibit P Exhibit Q Exhibit R Exhibit S Lighting Specs 1988 Test Results PCA Standards Staff Letter 1986 to Marina Owners 1991 Test Results Additional Comments and Planning Coimnission Recommendation Please review the Planning Commission minutes of March 18/20, 1991 for background discussion. The Planning Commission unanimously approved the amended building plans finding the new structure to be more compatible with the surrounding residential neighborhood. There was discussion concerning the more intesified deck structures but found the accessory structures to be complimentary to the overall design of the structure. In addition it was noted that the second story deck would serve for the exclusive use of club members as opposed to the lower level deck that would serve the commercia1/retai1 area. The current application would involve approximately 1,421 s.f. of supportive accessory structure where former variance applications were approved at 1,086 s.f. of total accessory structure. Major discussion for the application revolved around the underground gasoline storage tank and fuel dock of the marina. Questions were raised as to a routine inspection schedule conducted by members of the City staff or any other agency. The concern of the Planning Commission is that the life of this specific tank is limited because more than likely portions of the tank are sitting in water. There is no alarm system for leakage and a failure or break becomes visible only after it has either seeped through adjacent lands or to the adjacent lake. PCA has established an inspection schedule for all underground tanks based on their age. Every owner is requested to submit monthly logs of gas jnput and output and to measure amounts of gas within tanks. *f PCA finds irregularities an immediate inspection is required. All owners of underground gas tanks will be required to install alarm and special detection equi >ment by December 22, 1998. In the case of this marina, at the time of recent sales in 1988 and 1991, inspections were required of the underground tank by the mortgage/lending company or bankruptcy court. The Seacor Company has provided staff with copies of the 1988 inspection report conducted by Determan Welding and Tank Service. This is also the company that did the original installation in 1983. The underground tank at 3,000 gallon maximum capactiy is made of steel. Type PTI. Staff has been advised that this type of tank is used predominantly today. Zoning File #1624 March 28, 1991 Page 6 Mr. Carlson has advised that since the tanks were inspected in 1988, the PCA would not require an inspection of the tanks until 1993. He has also advised that he would require an inspection every other year - next would be in 1993. In 1986 the Orono building inspector sent out letters to all marina owners advising of the approved procedures for marine service stations. A copy of this letter was retreived from the former Sailor's World Marina file. Staff would recommend that the current owner be advised of those same procedures. Other neighbors in attendance at the meeting talked of the need for a public phone on the premises. There is nothing in your regulations that would require a public phone. Applicant may wish to comment. Another neighbor questioned whether access to the site could be controlled (designated ingress and egress access). It was never a consideration of the reviewing staff. The City Engineer may wish to comment. The only other outstanding issue for this review is the question of lighting. Applicant's consultants advise that they will use the same lighting first proposed by Mr. Toberman in the earlier reviews and are enclosed as Exhibit 0. Planning Condssion Recomnendation A resolution has not been drafted per the Planning Commission's approval recommendation because the application involves merely a commercial site plan review. All variances approved in 1990 are current and have not been exceeded. All conditions of Resolution #2891 are still n effect. Staff would add the following: 1. Applicant to meet with City Engineer to discuss appropriate repair of sea wall and drainage structure at south end. Developer's Agreement and Letter of Credit must include cost of repair of sea wall and drainage structure. 2. Payment of SAC fees with building permit for new construction. The property has already been assessed two sewer units. The building department shall do a final analysis of sewer units based on final approved Interior plan of facility. lav yf CITY OP ORONO - GSNERAL LAND OS PROPERTY LOCATION Site Address ! Airt/€ lO<A / ProDsrty Identification Number (P.I.D.) V V' • rv •‘.a; . “: i / Please attach legal description to application if not included on required survey. APPLICANT Name So*J Phone (home) Address ^^.27 A(/£ _Phone (work) V'^'7' 3^/^3_ _ _ _ City i*_ _ _ _Zip yy^fo_ . - • ONNER (if different than applicant) Name X Ia JAJJ a J^^ Phone (home)_ _ _ _ _ Phone ' oS7Ca Address Nzci Soi-i/yJS RO City //< j'A ^ rv zis Date Property Acquired ^0 (inonth/year) I (4ft) (do not) also own the adjacent parcels of land FBBS • CONDITIONAL OSE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $ 5 ,00 For each variance reques. $125.00 Residentr.a accessory Use ' At i iication $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Conunercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more _ _ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule PLICATIONS $200.00 $250.00 $175.00 $ 50.00 $250.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation with Subdivision Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule fSBSENT USB OP PROPERTY Prssent Zoning Distric- Present Use of Property Residenrial (specify)^ 4. U ^ ^ ^ ' ► >CRIPTION OP REQUEST Describe request in detail: J /\Ki OS (LAP______________ /</y ./O TlU^ STbS^ /iL&> IIQUIEBD HBMITTALS p’«V’frtv^^^ tist of owners within 350- (you can obtain '• tSn list f%%m HVn';.epin" County Department of Finance A-603 Government Center 348-3271). L I* Certificate of survey (signed by a licensed surveyor). ;; T^pograrhic surve^ (existing and proposed contours) if .and alterations involve changes in elevation (g.aces,. I Construction plan, if applicable (see stair ror requirements), r! As an addendum to this application, atrac.n a separate ^ any other persons you wish notified of this appxicat.on. vnn APP PFOTITRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A OR _____ ni. 4 r»;int and ProD0rtv Ownsr must si^u thus spp 1 icat-^on. Picas© f««.b«r thi? your application is not complete if the above inrormation has lot been included. _____________________________________ Certification by Clerical Department than Land Use Application is complete, rnitials of Clerical Staff:____________________________________________________~ rK“i??Iila?t®^2?^y agrees to provide all / SrSot^o'vered o"Ag"ilTA"^%Tp:^^ expenses incurred if;."!^ortW. applilation, and certifies that the information supplied is true and correct tp..-the' boat of hisAer knowledge. I^plicant's I------ ^ ---------- acknowledges and agrees to this S^^“^sf*%o'.Ti’i‘)fi^^* «-b'rrr%n\f m^'emb-e-r^s for'purposes of investigation a^d verification of this request. pwner's alonatur^.^^'Z^-f^ _______Hrr------ ---------^ KiicMVlIiu^7hl7e‘rit^m"tt^^^^^ “!L°M«tlnoV arV hem’ll"* Itlramniasion Meetif . Planning Commission Meetings are ’* bbird Monday of each nontn. Applicants must be ^ ® pficaliV is KIbi: “•fttVnd‘’*.‘fhei“:;^ Seating, pleas, make authorized agent attend in your place and advise the Building s Zoning Office of this change prior to the meeting. tLim r ! /: « C 33 ■ 10-117-23 31 CCol G=CPGE F rovegno 2010 ShCRSLlN? ORI VE WAYZAU MN SSS?! 33 10-117-23 21 CC39 DANIEL CSEAR 1980 SPATES AVE WAYZATA MN 55391 33 •10-117-23 A2 COOS A G ASCHENBECK JR 1930 SHORELINE DRIVE teAYZATA MN 55391 38 lC-117-23 42 0015 H TOURANGcAU 2060 SPATES AVE• WAYZATA MN 55391 38 lC-117-23 42 0022 CRAIG OLSON 1960 SHORELINE OR WAYZATA MN 55391 38 10-117-23 31 0CC8 MARIETTA h ANDERSON 2055 SPATES AVE WAYZATA MN 55391 38 10-117-23 31 0095 terry d morse 2C80 SPATES AVE CPONO MN 55391 GERALD D. TCBZRMAN INTERCHAGE TOWER SUITE 1460 MINNEAPOLIS, MN 55425 28 10-117-23 42 0017 LYLE VICKERMAN INTERLACHEN LA EXCELSIOR MN 55331 33 10-117-23 il JCHN T SPENCE 20^ ^0 SHCRF DR l^AYZATA MN 5 5391 0C02 38 10-117-23 31 0C90 P.ICHAPD V STINSON 2040 SPATES AVE WAYZATA MN 55391 38 10-117-23 42 0007 ALAN nettles C ANNE NETT 1940 SHORELINE OR QRONO MN 55391 38 10-117-23 42 0016 RCNAL C J P R INEAS 1980 HcRl T AGE DR WAYZATA MN 55391 total labels batch 003 33 10-117-23 31 UOo-* state land oept -3 10-117-23 31 009o HARRIET SPATES TORAN''.£A 2060 SPATES AVE WAYZATA MN 55391 * 23 10-117-23 42 0014 SAILORS WORLD BCX 176 CRYSTAL BAY MN 5332^ 38 10-117-23 4-2 0021 DANIEL CREAR 1930 SPATES AVE WAYZATA MN 55391 L CITY OP ORONO - NOTICE It®lV7 5””s'outh°B?otn''Tord^^n^Mon^ 1991 for the purpose of reviewing the following land use applications: 1 #1622 F. John Hardin of 1496 Park Drive seeks front setback and lot coUrage variances for an addition to the existing residence. 2 #1623 Keenan and Jean Richardson of 2500 Woodhaven Drive have applied for a conditional use permit to permit certain land alterations in excess of 100 cubic yards on their residential property. 3 #1624 David Carlson of Smith Bay Marina located at 1955 Shoreline has not yet expired. 4 #1625 Don Olson of 4590 North Arm Drive seeks a side setback variance for an oversized accessory structure and a variance that would allow the oversized accessory structure to be permanently installed in front of the principal residence on the property. 5. #1626 Tim and Beth Traff of 2683 North Shore Drive seek approval of a side setback variance for construction of a new residence on their lakeshore property. 6. #1627 Samuel A. McCloud owner of Record Lot 22 on Big Island seeks approval of after-the-fact hardcover and lakeshore setback variances for structural improvements within the lakeshore of the property. 7 #1628 Mark and Sara Finney of 4195 Highwood Road seek approval of an average lakeshore setback variance for an addition to the existing principal structure. 8. #1629 McNulty Construction has applied for a variance for the property located at 1700 Fox Street that would allow an addition to an accessory structure that already exceeds the allowed area for a single oversized accessory structure. 9. #1631 Mark and Karen Cuff of 3572 Livingston Avenue seek approva* of a front street setback variance to install a new foundation under the existing residence structure. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 p.m. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Planning Co ssion J^nne^A. Mabusth, Building & Zoning Administrator To be published the week of March 4# 1991• CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Jamie Bosma^ of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1624, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 28th day of February, 1991. Jamie Bosma ORONO COUNCIL M£ZTING HELD OCTOBER 22, 1990 if :ir. RecersZONING FILE »1334-REaERS RS:CONSipEaATWN_CSOTirroED would object to revtswi.tt a- i-- — wishss to proceed tha>- wa./. , .j -ao-ic t-' that is basical-'/ whatMayor Grabek said, it =eecis t- has been proposed." — - a.ua'f t'^ndat'® desicns are a cornpronii.se Mr. Pfleu-o notec a 'safe access to the between Mr. Retars and S.a-- — ?- - street. •.d '•'Tha a*iest'on is whether the Staff' or Rowlette said, to solve this issue. •ftl SiaLing Corunission wis.tes to take t.he tame. . , rr-;^h^a;c se'^ondsd bv C3il3.h3>n fo^ tins It was move- by Ma,o.. -.ctolates as a method of purposes of discussion, to ^=--'';^--t,/i'o-ne on tnesa lots. If allowing Staff to .tan those designs represented by there are any ” th^ t.he planni.ng process. t.he templates, t.he “f'.'-- v-ir'sd at all from Staff's Callahan asked if that the proposal before original acted in the resolution first =?rp:rid."‘'^Lt!rn?^A%st:. "et«son. Nettles and Goetten, Nay. Motion failed. 11497 TOBERMAM MANAGEMENT I960 SHORELINE DRIVE CONDITIONAL OSE PERMIT REQUEST TO TABLE* G-abek seconded bv Pecerson, to table It was moved by V on Tooerman review and located ac' I960 Shoreline Drive.Management, for p.oce--/ j- ^tion, Ayes-5. Nays-0. Motion passec- /#1592 SMITH BAT MARINA & YACHT CLUB, INC. V 1955 SHORELINE DRIVE ^ RENEWAL VARIANCES «gSOLOTIOH^#28« r^on. ^^3„aiate, of Toberman .Manage.ment, was present. • j j - 'nr-i,»f review of the informationBernhardson provide j.anne Mabusth's memo dated S*nsir^"ll “ 9IS) «tted that "this application i-hc^u^ed theOctober 11. fort.h in Resolutions #2190 seme conditions and house which is proposed and #2648. with the exception of the „oted that the p!«f-*inr2o.Sorhafun?nT»ously recommended approval. Peterson asked if there was a limit on the number of times an application could be renewed. i • - 26 - l) ORCNO COUNCIL MEETING HELD OCTOBER 22, 1990 7nNTNG FILE 11592-SMITH BAY MARINA CONTINUEDCxpv_=r^dinan=e.^d0_n.,. L./Te-.ss-.ed "f oV Pd.r proposa. . nr. Larson statsd char he <i..d not know wnen a buildinp permit application would be submitrec. Callahan of "llld it°was^appropriate to proceed with this application at this time. Mabusth replied sold to this same pur last year." "The property was in the process of being tv when Council reviewed this application soXd.n^o" d 4^^tinsfSar"-?hrrppLf^c£ that these improvements wilx never ta.-.e oxav, . certiy is not. IS possible Mr Larson stated that the reason the improvements had not been Jon/ P^dor co ends - -ansa^ od^^cne the reolacement Of the old docks and the construction of l^he^seavJ^ll. ‘ Then the lake level decreased and it was not economically feasible to proceed with the otner imorovemen s. Callah.an said. "I can understand why you cnose not o go ahead. I am questioning whether it mn.<es ^ sen.e .. .-an. Variances relating to a building m a coatmerciax^o^.e p .. . . . . we have no idea when the building raa^ -e ww^ns.-jc- - Goetten asked whether Council could request tnat a specific time period be provided indicating wnen construction w - g- Mr. Larson stated that he was not prepared to provide an estimate." Goetten asked, "Can you give the City a reasonable expectation that the building will be construe ..id. Mr. Larson replied. "Probably just as reasonable as any of the other times we have been before the Council. Mr. Art Torangeau asked if the building will have indoor plumbing facilities. Mr. Larson replied. "Yes it will." Mr. Torangeau asked whether there would be an entrance and - 27 - D u 1* ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 ZONING FILE #1592-SMITH BAY MARINA CONTINUED mLs Tne traffic on County Road If has raally incraasea over th^last few years. I think that is something that should be considered." "The Planning Co-n^isilon^dld ’ ..-a .eUevad tha. wi?r t.“r ptev"°ous"\sV. “it fe%\*In“'tna''rt\«s would " sporadic traffic coming ana going." ... «,'.rs s; property. Mabusth replied, "Staff has not received any upcitad reports in .that resnect because there has been no activi-y on the property. If t.he sale of gas is proposec, we wiil nave to ask for those reports." It was moved by Callahan, seconded by Peterson, to adopt Resolution #2891, granting Variances and approving Site Plan for Smith's Bay Marina ana facnt C-uo, xnc. .lou^on, Ayes-4' Nays-0- Nettles abstained. Motion passed. 1555 LANDSTAR, INC. 2501 OLD BEACH ROAD PRELIMINARY SUBDIVISION Mr. James MacKinnon, present. Attornev for Landstar, Inc., was mmimmmwest side of Old Beach Road. We have been informed by the Ciuy of Minietonka Beach that they will not include euro and gutter along their portion of the road." JoEllen Hurr, City Planner, City of Minnetonka Beach, said, "The City of Minnetonka Beach is not in favor of any upgrade o Old Beach Road." Goetten asked if tne need for curb a.nd gutter had anything to do with drainage. Cook replied, "Drainage is part of the adequate drainage and helps increase the life of the road. - 28 - /) e. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 10 (A), (B), (C), SECTION 10.41, SUBDIVISION 9 SECTION 10.41, SUBDIVISION 5 (A) SECTION 10.22, SUBDIVISION 1, AND PER SECTION 10.41, SUBDIVISION 2 APPROVES THE COMMERCIAL SITE PLAN FOR SMITH'S BAY MARINA AND YACHT CLUB, INC., FILE #1592 (D), HHERBAS, Gerald Toberman of Smith's Bay Marina, Inc., a Minnesota Corporation (hereinafter "the applicant") has an interest in the property located at 1955 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached WHEREAS, the applicant proposes the construction of a principal structure and major restoration of the marina property and has applied to the City for variances to Municipl Zoning Code Section 10.22, Subdivision 1 to permit fencing 43' from the lakeshore instead of the required 75'; Section 10,41, Subdivision 5 (A) to permit parking stalls for 42 vehicles instead of the required 48 stalls; Section 10.41, Subdivision 9 to permit parking 10' from the street lot line instead of the required 30'; Section 10.41, Subdivision 10 (A) to permit the principal structure to be built 50' from the shoreline instead of the the required 75'; Section 10.41, Subdivision 10 (B) to permit the principal structure to be built 40' from the site lot line adjacent to a residential zone instead of the required 50'; Section 10.41, Subdivision 10 (D) to permit 15,862 square feet or 63.4% of hardcover (actual reduction of 10% over existing hardcover at 73,6%) within 75* of the lake where no hardcover is allowed and to permit hardcover to remain at 5,100 square feet or 300% over the allowed amount of hardcover at 1,275 square feet or 25%; and per Section 10.41, Subdivision 2 seeks approval of a commercial site plan for the complete restoration of the marina property. Minnesota : NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 6 FINDINGS 1. This application was reviewed as Zoning File #1592. 2. The property is located in the B*"2 Lakeshore Business Zoning District. 3. The Orono Planning Commission reviewed this application listed above and the commercial site plan for the complete restoration of the subject property on October 15, 1990 and recommended approval of the proposed variances based upon the following findings: a) The lot is not deep or large enough to allow structures to meet required setbacks. b) The majority of the property is J ocated within the lakeshore protected area where no hardcover or structure is allowed. c) The property has been used as a commercial marina for over 40 years and was recently rezoned to B-2 in 1975. d) The proposed improvements provide a reduction of 10% in overall hardcover in addition to improving quality of storm water run-off prior to entering the lake. e) The majority of the imorovements provide for a major reduction in hardcover immediately adjacent to the shoreline. f) Access to site and parking areas have greatly been improved with the proposed single structure making for a more efficient use of the severely limited land area. 4. 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 q£ th6 proposed variance on the health# safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance Page 2 of 6 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants the variances as set forth above and approves the commercial site plan dated November 1, 1980, revised January 20, 1989 by Advance Surveying and Engineering Company for Smith's Bay Marina and Yacht Club, Inc., subject to the following conditions : 1, Owner to execute a Developer's Agreement and post a Letter of Credit with the City to ensure the following improvements are installed: A) City engineer to approve drainage/surface water treatment plan per final plans by Sathre Bergquist. B) Paving of parking area, lighting, signage, and installation of grassed area per plans by E.O.S. Corporation of Excelsior, Minnesota dated January 10, 1989. 2* The executed Developer's Agreement and Letter of Credit (amount to be 150% of the cost of required improvements) must be submitted to the City prior to application for a building permit for new principal structures. The City Engineer shall review total improvement costs prior to submittal of Letter of Credit. 3, Erosion control shall be employed at all times on the site during the time of construction of the principal structures. 4. Demolition permits are required for all buildings to be removed. Such permits must be obtained by applicant at the time a permit is issued for new construction. A Certificate of Occupancy will not be issued for the new structure until all buildings designated for removal have been razed. Applicant may Page 3 of 6 continue to use existing structure up to the time the Certificate of Occupancy is to be issued. 5. Owner/app 1 icant is hereby advised that at the time arn application for building permit is submitted to the City, the Orono staff shall evaluate the proposed improvement and uses of the property per standards adopted by the Metropolitan Waste Control Commission in the determination of the Service Availability Charges to be collected with the issuance or a building permit for the new construction. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only ard must be exercised by application for a building permit within one year of the date of Council approval, or this variance will exp..re on that date (October 22, 1991). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 I 'f"r : Slcvcii T. Ficijtcl Arciiitcctii 10709 WAYZATm BLVO SUTE-iCO MINNETONKA MINNESOTA 55343 (612) 644 • 3633 ( 1 ' ' : 1 __._____ • 1 [ , 5 , ---------. 1 . ',1•IiSHOP^cUN' m:h. F1F€UMIHAF IT t 5 £ Hi 4 O' C\L U tl I i:v ^ ll I,ClAHOIK4<>/ f e (%mn& UJT- ‘fl<ce Bgi e Bofcrx^iaR eig#jng»i Steven 1 ‘. I*'idi(cl Ardiitceli; !------------- s=^ •:* I ;07C0 ’A'AVZATA SLVD SUTc-CO u •/ir:N6TCNKA ^vV.^^;6SCTA l 1*^66 J. '.S2U *------------------------- 0*:» -iZZ -------------------------- • // i'i'< -Ai' oecK •^rsr noa^ I l_ tO t'!aiMlM:liailJIMiIf ill in liiurvHiiiiniui L- I'TTTil^TW^Iiw uuiUf Lii ^Miki a: i: (11!. Ill i iiuliui s ± ■I IT J------L etijtg-^ee eig^iKM /C ■2 o p u OJ I ^ < . s “<i S a ^ 2 ••I* .' f . 1. 2. 3. 4. 5. 6. 7, 8. Plancing Schedule For Saitha Bay Marina i Yacht C Ij" - 2” Suaaaic Ash li" 2" Suomlc Ash li" - 2" Suoait Ash IJ" - 2'* Suaaic Ash 18" diaaecer Hughes Juniper and Anthony Water Spirea (pot size) 18" dlaoecer Hughes Juniper and Anthony Water Spirea (pot size} Gold Drop Pocencllla 18" diameter Hughes Juniper and Anthony Water Spirea (pot size) all along the vallcvay. 9. Mock Orange 10. Mock Orange 11. Maney Junlper(poc size) and purple leaf sand cherry (pot size}. All planclngs will be done in the fall of 1989 after the building construction and blacktopping are completed. 7em Larsen Property Manager Pf«^*flU5Ly APFIEOvep "LAW&ScAr^" - 5eucficx£, f ct'$nd tiuf cT y:.-* ____ na ii iliiiu KI -* -# I^ - . I:: _J/s:zz- hi- i - 'I " it* ]1 • - -*1------ I ■ I 1 — • • ( t- —— * »-i ........... I « “r. -T 1 f* «« "I k €o)ni6A^>r wS>!^^mA K . . 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V k-v' k^v ■ wMct> a*0M boiMdBarxt'potratote ranted dudnoinstaMatiora 9eepaoa64r ^ '>3 m *. ‘ •. < • J .• *■ • -» v*^ / • - *' % *^Vi- 1* - • ,*#• 1 y*J fei 1 *5 V r r^ i • i * i 4 i"4 1 ^ r ” F ^ f ^ .'_ '^j;' •:<♦- '.1 ^'JiV: '.•* • w» ^ *•• 'v: % * I *ha • '.’^ ^ ll* i • «k •ISi .Wvs ’Tif %. ji ‘ k 1 4 OOCHightn 1: A lighting instrument specifically lination of architecture and its surrounding orecision task-oriented optical design. 2: A lighting to complement architecture and landscape properties of simplicity, elegance, and clean ] instrument with versatile, design coordinated md accessories, antonym: Conventional an luminaire so unattractive that it requires not to offend its surrounding architecture Products i and Area Lighting flighting onmental Lighting scape Lighting tain Lighting )m Architectural Fountains tain Components Contents t Product Structure 2-3 Important Features 4^ Applicaton Guides 8-9 Details arxi Speaficaticns 10-11 Ordenng Information 12 3- Step Photometric System 1316 AFL1 Photometries 17-22 AFL2 Photometries 23 20 AFL3 Photometries 36 Kim Lighting i <# ;k^. Form Ten CA“ Round Arm Mount Form Te?" CA GarrJco CA roL»'^d lumi­ naires accommodate oato'^ted Form Ten share CLitotf opi.oa* systems and thoroforo dirert a ^iqhor oormn taqe 'vl oiitoul M.monr, wn*o oi.'t-.jty: areas than any nihr?r tyue of oiunn luminaire The cylindrical shape with its l-.'w pfolile forms a soft silhouette that sug qests uses where the liqhttna plan pr ngs luminaires closer to eye level TheluniiiujiiesaLcepl energy-ellicieni (s.HID lamps from 70 to 400 watt Configurations Q 0‘ " O O ‘‘ CgQ Distribution Patterns Typel ^ Ivpwlll f__\ TyppVO ' TypeFM TypeVS' ^ j Ordering Information ,22"i)niv: Prefix Size Configuration 1 Reflector Volts Lamp Finish ' CA t7”1 1 120 1 Refer to BRP CA 22”2 1 ^200 Lamp BLP : 4 ' 0 I1 240 Selector i1 FM 277 1 ' VS’480 11 ' Lamp Selector CA17 CA22 70W HPS 250WHPS 100WHPS 25C.V MV lOOW MV 250WMH t50WHPS*400W HPS 175WMV 40CW MV 175WMH 400W MH 250W MH *Sut>plied with ballast to operate 55 voii lamp unless specified otherwise rMi *^**^*^ ' L _i«e rtJ.4* « •.« ^ r,*M« Example RpIlPCtOf Type Conliquralion | ' •PrimAry Pal'ASf Voirage S»/o Lamp ■Finish PfOli*Options L/A 22 2 3 120 400WH 3RP Finish: 3RP = Bronze Painted BLf^ = Black Painted Lamp Abbreviations: MV = Mercury Vaoor HPS = High Pressure Sodium MM = Metal Halide Options: F = Fusing POLY = Polycarbonate Lens Notes: I VS Retieclor (22 ” Oniyj A sag ocivcar Donate lens is standard when the VS optical system is specified Dimensional Data CA 17 CA 22 A 17"22 ” a a*11* C arm length 5"7" 0 arm height 1 5"5" W". ui*^ - ■ *r.!, .•'■♦ ■ ■'-■.,'>■>■ ■■ . /• ’%■ ..■!> ' • r:'.^ .1;^ •• .*'• < ■*.' 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T MIL iA %# f iSStfCt M IimS |p#ctttSCyp^ I /nj ^9 y . • k* -A>r mimiiiiw If) It /> •• X' /.. i_.> ii. •MW mi ImiiifliiililM PtoM 31. Mil MW ImW InWM Jl. ». ^aflW "t bt MW Ibl* n #M 'f - 4'yy.^_________i • |m« • \mmm I SA- I fipibit . *.»••• , * . •mwniciwinrai VNCMM m I II. CMfatMiM lifM* • Smi MWHI •mMiMI.IW c ai i#p %—m tl 4pflpfpti*l MlilMi r. ;Y ii/L A±»Att* y.S'? c ■i • Vr- - • m • 1 1 p “ ^ J P .P •j /**v . ... 11 1 ilSL • • m • * 11•• W •WMa. •• M •••• “ •» W» •« • a • aa . • •• M» • . «p a ____________tj \VniMt Mimt mnnp •mmm ••■«■■•y/rf • •■ • • •• •« •• 2. OffMTM 1 MMMroil TIST ii< r-' 4. WHO imillSTU TUT MO WHIN I. WHQlSMVmO FOR TMS nSTT tiwt 1 MMMWf Uphu"" fcwilMimi ■>! ""— i TANKdMNvoiviD ySfSafsfT cmm*rT^/ / .. 1. mmujmm CMf P«i MM /'i* " Xr m "i ■■..•:■ '>!''■ ,i i Q *•» Q •• I. Mi4ir T«M»fjQjije mmmttU' II Tumiiyiii -MMau--------------------AmImm «Yf ■.: 1 ________1 II CUfmUTlON «^c/ /T 4 L-S^ A \ • I f f V jidf t : • #• • ••.»?.• 5 r*». T^ m. -:«!#• *i‘• . 5 tl*- # • ^i»t . f . *V w ^ • •• ■ •• •I .* • • /« OlTAlL MAMtOlf ■f ♦ «•.% ‘ *t 'f ' i i-^ I • « , r V£MT (12- ABOVF GRADEX • • • ■ 'JL ?fepiip I* , • ’ * • V*-'. •••••--•\ *-s»* <- ; > 9(^4^AT£0PI ORiRieQ n^iktoW giudI 'iF ‘‘' "A .^. •••' •v ^ N . .5. < .S . • V . Uv .< £C . . I existing <I^<3M.|^Qn ON0PW5ROUTC TANK W*#CM WAS P^BOTITE T£StH> ArOMi&f. ‘ TOBESOW*' •• :'• K»e •t.A•n S.A 4 ■»» -r • *» ! ■ "~;3T -««i • j ^ m §.% :. . —StH§IB6II 25- • *1, ■'I *« • • / .-. ,. ' *» t • ■ • *. «A- * ‘i •• i • « ■-I'l • • • •.1 * •• 1j t%',i-.' • •• *» ••. »•mMmr ’•iA:4 ;^ t v; ■*<« .*«••m • %SHBkS>6u7 I.EAK OETECTOR ENgL^#| A 24-0 MANHOLE f fi i ^* .. ^ ^ ^ $ . --------^ ^ . ''■'^W' •m -. *• i '1* I it ?:•■■ «m«»r w,., in rvWfiNA' • . . V t • oromp.iin. . - , lfer#Tsi mMe 6/jB/as ipiimysi V, hm -1. . - • '14"UMUBaMOHM / L)(,0 ^o . Hu. /tl, Si^ I' r kg--' , .•■/^.a^ R/linnesota's 4 «* . Storage Tank Program ^ Minnesota Pciiuticn Control Acency In'', I :apy I QOnC* • • VJ I f < wi V|/ W"r r_t. I • I; D Ivr. b' z' fVIi111 u '‘,OIci’s Leaks from petroleum and chemical storage unks are a serious health and iSloinqf^ Ttink ^^PioqiMin ^ environmental problem throughout the U5. Uncorrected leaks have caused fires and explosions when vapors from gasoline and other petroleum products have entered sewers and basements. Qty and private water supplies have been contaminated, too. when petroleum products leaked from nearby tanks. With an estimated three to five million underground tanks and one to two million aboveground tanks hi this country, we will face problems caused by leaking storage tanks far into the future. Owners should also submit forms for any tanks that have not yet en reported. CDiese regtUations lave been in place for underground storage bmtcs 1985. and became effective for atov^rround stoiage tanks in 1989). The igency pro via forms for this purpose. Reported tanks are placed on the hffGV's underground and aboveground tank inventories. Septic tanks, most underground petroleum storage tanks smaller than 1.100 gallons, and some p'oeline facilities are not covered * *hi$ requireu.ent. The Minnesota Pollution Control Agency (MPCA) estimates that there are more than 40,000 above- and below-ground storage tanks in k^tuiMoti. To prevent, control and clean up tank Inks In the state, the MPCA regulates tank Installation and maintanance. and has access to •tan and federal funds to perform cleanups. Minnesota also has a program to reimburse qualtfyin; wners and operators for part of their cleanup costs. Underground Tanks: Federal regulations require that the MPCA be notified of any tank removals 30 days in advance. For any underground tanks taken out of service after 1973. report to the MPCA the date the tanks were taken out of service, the infonnation listed under the first requirement, and the type and quantity of substances remaining in the tank, if any. New federal regulations also require tank owner, to evaluate the excavation site to determine if there has been any leakage from the tank. GENERAL REPORTING AND PERMIT REQUIREMENTS Genenl repotting requirements for all tank owners art summarUed below. Specific fact sheeta on technical standards and rules for storagt tanks are also available from the MPCA. ALL TANK OWNERS MUST: Repott certain infonnation to the MPCA such as tankage, size and contents within 30 days after installation of a new tank, or within 30 days after any changes in tank ownership, use or contents. Aboveground Tanks: All new and existing aboveground liquid storage tanks must have permits (this includes any indoor taiUcs that potentially could leak product beyond the building). Any permit exemptions for tank size or location are determined on a cas#*by-case basis. To obtain a permit, an aboveground tank must meet several criteria: the area surrounding the tank must be diked to retain leaked liquid; the area under the tank must be reasonably impervious to spills; and the tank owner must have a spill prevention plan filed with the MPCA. The MPCA will be reviewing permit rules this year to determine what modifications are needed. ■. vv rr m. V.mp V ' P- ' rp;lm tp.- ‘ NOTIFYING THE MPCA OP SPILLS OR LEAKS Owners and optntors of both aboveground and underground tanks are required to notify the MPCA Immediately If there is a spiU, leak or other type of liquid release from their tanks. Othen^ they may be subject to civil and criminal legal action, as well as substantial monetary penalties. In addition, owners and operstofs who do not notify the MPCA about spills may become ineligible for reimbursement from the Petrofund or may receive a reduced reimbursement (sec CLEANING UP SPILLS AND LEAKS). The MPCA's 24-hour telephone number for reporting spills and leaks is 412/296-8100. CLEANING UP SPILLS AND LEAKS MiimesQta has two cleanup programs for leaking tanks: the state's Petroleum Tank Release Qoaimp Fund (called the 'Tetrofuitd") and the national Leakii^ Underground Storage TaiUc (LUST) Trust. £>th the Petrofimd and the LUST This! specify that tank owners atvi operators are rmponstble for daarmp of the pollution caused by their leakiag tanks. The two programs provide frinda 10 the MPCA to dean up sites where the oumer or operator caruiot or will not perform the neaded tvork. The state's Petrofund, adoinisterid by the Petrofrind Board, can also provide peitlal letanbunemcnt to leeking aboveground end underground tank ouvncrs/ opeialois who have spent money deaning up a rrinet if the MPCA detennincs that the deartup waaorndUbt edequHt. Underthe h:- -3 Why do USTs leak? --n J5 (A \ ■no corrosion protection ■spills and overfills■installation mistakes ■ Ipiping failures owners or operators who dean up their sites in cooperation with the MPCA are eligible to receive reimbtirsement for up to 90 percent of their cleanup costs up to $250,000. The Petrofund Board has the authority to lower the reimbursement percent if it finds^hat the applicant teiled to: ■ immediately report the release to the MPCA, ■ keep the leaking tank substantially In compliance with state and federal rules, ■ opciatc the tank carefully (if the applicant is the tank operator), or ■ cooperate with the MPCA during investigation and dcanup. Palibfriiid'a rdmbuise- mail prevision, tank If you havo a spill or datect a laak at your facility, call the 24^Ciur MPCA Spilla Una immadiataly at 612/206-8100. .r.i'. %■ •I - fw V'. \ h ■*• ,i< . •-»!>* -. XiCtnl changts in tht law alao allow rtlmlnificincnt to bagin after a cleanup plan has been approved* and allow rclmbunemcnt to an ownar/optrator of certain coats incurred as a result of a lawsuit over a petroleum release If tht owner of a leaking petroleum tank is unidentihed* uncoopeiativt or unable to do the deanup* tht MPCA can clean up the site with money horn the Petrofund. Re^yment of these expenMa •— including investigative* administrativt and 1^ costs %vill be sought ffom tht responsible parties through dvil lawsuits Ated by the state attorney geoeral's ofAct. Expenses that are recovered are then retunted to the Petrofund. The MPCA will also use the federal LUST Trust to dean up undergroutul tank sites where owners and opmtois art unknown or uncooperative* and to respond to leaking tank emergencies. The Trust provides 1500 million in funds through 1993 for such undergrouiKl storage tank cleanups nadonwidt. hUnneioto* tht first st'^t to qualify for a fMirai grant* received LUST Trust funds to ICC up its state program atxl retain contrKtors for Investigation* emergency response and cosnecUvt actkMt Aa with the Petrofund* funds from the LUSTTrust will be recovered hrom tank owners and operators. loth the state and fodcral programs also address belter protection end monitoring on new and exisUng tanka. In addition to current interim acandetda baiming inatalletion of unprotected atcel uixlerground tanks* othar rww regulations require tnatallalion of corrosion protection and mordtoring equipment to detect leaks and a requirement that tank owners have insurance or another form of Aiumcial guarantee that can cover the costs of any cleanups. 1Wo-third8 of MInnosotans get thair drinking water from ground water In the next five to ten years* the state and federal programs will supervise cleanup of much of Minnesota's existing contamination from leaking storage tanks. As old taidcs receivt added protection against leakage and new tanka are installed with stringent safeguards* the MPCA staff expects an eventual decrcate In the number* frequency and severity of tank leaks. “INNOCENT LANDOWNER PROTECTIONS Landowners who purchased property without Imowing or having reason to know that buried storage tanks existed on the site are not responsible for cleaning up teaks from such tardcs if (he property owners can ahow they did not sigiUfieantly contribute to the leak after they learned or should have learned that tha tank was on the property. State law also requires anyone selling land to file an afftdavU with the county recorder that identifies any undcrgrouitd tanks or leaks on the property that have not been deaned up. This law helps to ensure that land buyers are aware of any potential problems from underground storage tanks. y-!v; h'.- Iv c-I 'v<Rv ■.,.v - iv- / -■ K •: r.\ >i«r I COMMON QUESTIONS QI Are tenk inetallcre certified by the MPCA? As Not «t this Hine. The MPCA expects to begin a certifleaHon program for tank installers in late 1969. After rules for the ccnificaifon program arc adopted, only certified installers %rill be able to install, repair or pennanendy remove a tank from service in Minnesou QS Will the MPCA inspect tank removals and issue a "dean bill of health^ to the site? A S Unfortunately, there is no such thing as a "clean bill of health" for most storage tank sites. Sometimes MFCA stiff will be able to arrange to obsem* a tank removal, but tank owners and operators themselves should always emmlnc removed tanks and sunounding aoila for signa of leaks or overfills— ftdaral law requires owners and operators of most underground tanks to take samples around the tank araaa 10 chock for leaks whan tanks are removed. It is alwayo a g^ kita to arrange for an independent obaerver (lire marshal, building inspector, oonsulunt, etc) 10 observe and lake notes at a tank removal. An obaerver will not alwaye be able to spot subtle signs of leakage, but a trained obeeiver can verify the cleanup actlona that were taken. If any signa of leakage are found, the tank owner or operator must notify the MFCA. And remember if you ate planning to dose or remove a lank, you must notify the MPCA 30 days In advanet In orctarlo meet federal lequiremcnts. the MPCA is not properly notified of a unk leak, reimbursement from the Petrofund may be reduced, and if the dcanup plan is not approved by the MPCA. no reimbursement from the Petrofund is possible. Ql Where can It. >posc of soil contaminated by petroleum products? A • Although most pvtroleum-contaminatcd soil does not qualify as a hazardous waste, disposal of petroleum-contaminated soil in landfills, soil stockpiles or uncontrolled fill is not an occeptable disposal method. Currently, the most common treatment options arc: land spreading or land treatment — this option requires prior approval from both the MPCA and local officials, and incorporation into asphalt, or "burning" soil in an asphalt hot>mix plant. This also requires MPCA sf^roval. The MPCA continues to study these and other options, and can help tank otvncrs and operators choose a safe treatment method for their soil wastes. Q r Can 1 leave an unused underground tank in the ground? QS Docs 1 "tank test" prove that 1 don't have a pipWtni? A! MFCA staff btfiava that a unk test performed by a qualified OMnpeiqf can often detect a leak. However, tvm If a lank "pastes" the teet, tanks or lines may have leaked, may be leaklnf slowly, or the test method mey havt been flawed. Iht MPCA staff typicslly wW be cenvinoad of nonlaakagt only by soil boring results and a lest of ground waiar around the unks. Q* WIfyfhouldl notify the MPCA before doing a deenup? As Failure to report a leak or a spill of a substance under your control is a violation of the law. Further,if As For many years, the National and Minnesota Uniform Fire Codes have required proper handling of unusedtanks. These requirements are new part of the new foderel underground ttnk regulations. If an underground tank has been out of service for 90 da)rs, it must be properly safoguarded or removed in a manner approved by the local Are chief or euie fire marshal. Safiguarding includes having the fill line, gauge opening and pump connection secured against tampering. Atank which has been out of use for one year, and which hasn't been upgraded to meet new fodenl standards, most genarally be removed from the ground and the hole pro^^y filled. In certain dicuinstanoes (such as tanks under roads), it maybe abandoned in place and Safeguarded according to instructions from the local fire chief or state fire marshal. LuLa. ) I I ItI I E.»: Lfr- m =; ■■ PACE |7 WHEN DO YOU HAVE TO ACT? important Deadim*. m Par WHAT vou flaw lo no. tlla chan on tn« toft. ; •-;iTvpp-ftiK gA^sgagsRcgt tnsarapsg Nfw Taflkf and npMg* enaung Tanks** nsaMd: BffOff 199S or unknown 1M5-1M9 liTO -1974 1171*1171 1M0 • Oactinetr 1M1 Criaing npkio** ^toiauri $uaion AtinnaflatieA ■y No uior Titan; OooifflbaMMB Oaeansar 1M0 OaetfiMriMi OaeoinlMrlMl Oteomotrilia Oaeanttarino Samo as fxiaang gCORHOaiONI^I il^LL^ ^j^^tol^PR^ENTlON At hsiaiiauen Ooeamdar iMl Otetinbaf 19M Ooeonnbtr iMi .1 %• ^SPItLr/QVBRRtli Snip :* • Atinauilaiten Ooeormar 1998 Ooaa not apply Ooat not apply •• Oietiiiaif laaa IP YOU CHOOSE TANK TIGHTNESS TESTING AT EXISTING UST«.«* 1 you Pont uao ntoMMy monloimo at tiigting uSTi. you mifi uf a a eontbinailefl of partodfe tank tignnoaaiattanpfnQfaMyin«anioiyconiraL iMaoentplnadmathodeaneniyOoutadforalaw yoaia. aa Ito chan Mew PtoptoyiL ■ 11 i OomoiaMylNvwuHy S ftm a *MP9ndid*eeneal and a tank ilfMm VE8 1 ■ OMMWWlOaiT •4 ieaa:OMAaoawnMly li•1 A y * J tnoramwi^ »w t 4I* if Ol 9 K - I OaaiaaiaykiwMHaiy i i OamaaMykwwNMy awM aai a tank iaiaMaa MintiiBtMirifia:w OMWoi ana a Mak «|kiMaa iMi ■■gJUiiBttr 10 awo*Uiaraaar. Nr -W yaart akw *WDgniin9*: *tmnoa4* UtTa. aaa aw awnOaiMiway nwwiDfiwf. oaianownaM. •*> j iK -■ ' W' L- • i'r' V- ^............ '"iP^Hv J'\W^ -■ = ^-;p-4-p’, =0sm- ■:0mm ';■»'■■. • wmm > ‘ ■ .*••■•' r.V V. • • ^'v:•7 ‘i'■ • '■ • ■ ■ I-UH MORE INFORMATION ON STORAGE TANKS:7 TO REPORT A LEAK: 612/2964100 (MPCA 24-hour Spills HotUne) IF YOU DFTECT PETROLEUM OR GASOLINE-TYPE VAPORS IN YOUR HOME OR BUSINESS^ CALL YOUR LOCAL FIRE DEPARTMENT HRST. jf MPCA tank regulatory program: 612/643*3420 P4trohind rtimburscment program: 612/297*4017 (Dtpt. of Commerce) Aboveground storage tanks:612/643-3448 To request an inventory form:612/643-3413 (for any calls to the MPCA from outside the Twin Cities metropolitan area, dial the state operator toll-free at 1-800-652-9747, and ask for the MPCA)*'<,'i To learn more about the federal UST Programs:1-800*424-9346 Mlnnosota Pollution Control Agoncy mm- ■ ,‘Vv,.'VK md JiaMlUt ' ■ ■> G’TTo" '^‘ >■*•( • jf*<{» fl«a >«•<.',,M«| ’•<,. M,„ • ••*r jk •- ■ - On *hn Swth Shorr t,f ij^kr fifinwonkn Miy •?36 90 ALL OKOSO .yA!»:MAS 1 • • I • • ' OMr fir. SlrtiiiViSfVi-/*® regulations rooardin? yoor innruM sorvi«,9 Statior^ 9hou»? rogulatior.s are as ----- * ^fol lo*.<sr ii'tSl' v^-‘J U&r'-'„.... PV'N: ■ Swar-:* iW*li?'- pf- .rl; rj:r -.fl 2. Oloyortein? of Class I, 12, or i::-a lie*jido or lieno'^od m«m1_ gases sha*! at all tiaer be unticr direct eur.tr^ of a cmm*oiis ■^5*®^ -wlly «w/'ro ef the cf.eratir.g r.ochanies and ^asnrdd r’Vv* TV'.’ %9 * ‘1 a o •; • f - ' \' [ ‘-''-.i :y *.■ Hi- h>:v-^vv ‘/it:*'.-!''.;’ 7'- |'V'-..',‘- ■•■\ .... ' . I ■; >*;■ ^« • •• marine facilities shall ha nidiataln-.! :r i neat ond ordorlv :aanner and no accvrulation amounts nh« 1 1 be nermittci. j r<.^-ii;»:i or wdutc oils In eveossiirg J^afal ocntairnre vith tlcht«fc»r !S'**a* **^s n’^a** ?«r?”r * -iri c;:r r!re 'vzx ;• i.7'r J*'***Y^9i^*a cf Class !, if, or lit at cr u»»-jn the water of Mrim# ser/lee stations ;h.».» at.•:v tu t:io Crono PoIIim "eecc., .uruoant to •n.i<-rs* /irr* -.jeue :;.-vti.-n ??..•:!){«} x. f* T* SMALL bS MAPE PAST TO, ‘ip !iSnTim AT AMT rm • TATicri !:.\ol:t svAxao rP 111 mm '• rmpalr, or roeondltloninj wot'k involving %A ““ •» apark-produclno tiovicos stiai! no oorf :^r- ,; 7 ^ «r within 50 toot Of z*y?jjjj~jy i*o-«idino biors, wharves «r floats,OmifOfM riffo CMo Saction 7t.vi0(-; a. kf«Ats«kam%sii i?i *nm mk -. A - tif. •»^ 1.** ^ "t/ V ^ -1.' . •» ___ . » p ^ *_. '*. • vv 7 , * C. ?y.OK::*C or on^r. riano:* sh.ii: ; ..• t:..:ii*. ; ;»•♦ ..« «ij* o# >u.«li«A pt«tMS. Sue, ei,r.» .h..; hjv>. :^-.r : . a bastufroufui of ean-r-. 'i:..: '.-clor. • • - .. ' • -*Soctioa '?9.*:ojoj 5. . .-. —..........v-ifcrr. .—o Cede ^ ' 'mltn thp ttnitp !)«ir.«”li:;or Ar«*MV- .“''\” v^".V* r". ? V/x r% rtJr-Car.t •-W •r.iform ;*i ,^M. V PL »Y^ -w-y-SLLv •• ?!ioro ahall b« ?rodo?ti-r:-.t:•/ Jiupijv. « c- -*»• »a^?« «# __ ;i.» «r :!c.t »t .<.«.•. *;,v:.-.i« ..„ r/W c:caV:v't''iV-r.™"c;««ekp «t isrlne c-a:t tp--, ., « .]U^. VlV* * i>-tfVircj.-,i c,'r,*rsatir.e color'beariro tna .ellewiag or ♦euivaicr.t werf^irr* w--*^ ac«r...^ ?» 5Mcy:N5 - ::c? LNw.’Ni: •!::!£ >-.u:.;:.\i - SHUT OF^ 80 KOt START StCXXS USTll .*.: rLn St: CU*3CCX y?A. L • A •’• ’•EW’lA-fa rurauaft*. to Taiforx Tiro Cdo Coct:er. T«L.ic L L “ -EaTp^TSO la ‘ provided iir.‘. cr.w cn t.^.c pior '.‘T wa^f a# Puraeant to .nfo.a ?irc Cwoc :>oct>un ■/% ^ nviitti ««r o- -f ., ..orv'ep lU'lpn tlippp you £‘-’J ir.*.air. iiroppr fipintpppRpp pff~n!n^w:un **“’ "■ '•--■f-y-''? •» it« I mv 8e y mactia^ poit in the near foturo to oor.»*u'** a '' ra «a JSX ’““"r » •/« taa! as: ,h... aVev; l:”p «rSiSl2wttii, pleaae eentaet ay eciice for an r..^p^c*io*L Sinecralv. ThMiS Ja JjCCaSIi Firp Insf.^ct??r m;.' tv-'*’e«i Pellee c\ief iiibo liMPi PIre Oept* loaf lalw Pire Oept. mn&u Pifo Sept. pL- Hiijd^iii Pire Dept. te 55!!.*!fllif- ’*r!* Adalniatrator2JW Mgtee. City Attemiy IVtCSIPPX QPfifOll • wppftllp fwir7 L*C|.^ ■Am ^ ^■• n C3**ti^T^ic rur.f^ • j* • X km aHOftBuir^S wAPlN^ IW ShCFSi-INB Ifi lilAY 2ATA MN SS3fl DAVe CAP.LsCN CtafiEP tS«»‘ TunK In-fcr'r3ktrior v\.-f>--I T An K I£..*«*»»***‘-*‘** j.as»t:i«r. / L’«*cr'ie^i-n* Ouct»s Cxeacitv ................. CfklculAWd C»P»cic' •,, • T*ni« Orientation..................... 7anK utaiweter.................... TanK Lanptn FrCNT OF -^r.OFE? IvOv aai-oni 3wi eel ions li£Ar ^Qh D »x, X* vnshet z»9. X* ircrea , a-s •!» =s = •= ss =• ■=5 =■- = •=»-~ " — —-srs*=TT - —— =5 —-; ■= -ssraf ss-^rf-rs-^srsss^* —“ i'**!t<t In-fortatioP K-'‘'='‘- ^eet ..........................• •«• •-•rii •*.t as t FroSuct DeecriPtion..... Teettne Conducteo 6v.,.. Ri- UNLBAG tCD 0A30LIf‘C 'Srieee Contrecrina 5*'.' in ore-, lew ‘•-irv; F; ihor*vie<<. I5l2e .«li; ZMZ I- 1S9S' lllr tMulte fummenv Observed volume cPanqe. . . . . . . ahenee due to temperature. ■ Net voluee cnanee..... Test duretlon*••••■••*• Fete oe volume .. . . . . . . . . . . . •>. *e eel * 0»Zm • m • •••••••• • 5? ■‘i?>.'-*' ■ ■ • • •• •••••ee O.O*-' 0.*a noure • ♦ •v.*r.‘eellone eer nour I, -I#"'ll .. -ii -'-'ji.*: Li Ci.-•J.:. j;_ . ■ ' .'i'l;. . INNOVATIVE MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDiNG DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. SEACOR March 28, 1991 Mr. Dave Carlson Shoreline Marina and Yacht Club 1955 North Shoreline Drive Orono, MN RE: Underground Storage Tank Dear Mr. Carlson: At your request, we have reviewed the underground storage tank (IJST) installation at 1955 North Shoreline Drive in Orono, Minnesota. This letter report is tor the purpose ot documenting the UST status under present state and federal regulations. Based on documentation provided to us, there is a 3,000-gallon steel US T at the Shoreline Marina and Yacht Club that serves a dispensing pump located on a dock in Smith Day. The UST is used for gasoline. The piping from the tank to the pump is pressurized. There is a leak detection system for the piping that sense.s a drop in pressure in the line and closes a valve on the tank bung in the event of a leak in the piping. There is also, reportedly, a manual valve in the piping at the shoreline. SEACOR performed a site visit on October 25, 1990. Our review did not indicate evidence of leaks or spills of petroleum product at or near to the UST. The UST system was installed in approximately 1983. Regulations require that the system be upgraded no later than December 22,1998. Upgrades include corrosion protection, spill and overspill prevention equipment, and instalintion in compliance with certain specified codes and installation standards. The regulations also require that the UST be provided with a leak detection system by December 22,1993, (separate from the piping leak detection system). Until the UST is upgraded, (no later than 12/22/98), monthly inventory control and a yearly tank tightness test must be performed. If the UST is upgraded, monthly inventory control and a tank tightness test must be performed ever)' 5 years for 10 years following the upgrade. Monthly monitoring is required after 10 years. In addition to the above requirements, there arc insurance requirements that must be met by October 26, 1991 for this tank installation. You should consult your attorney and/or insurance broker on the specifics of these requirements. /f i fh I /f<f> ) htfffi rr/'* ^ ^ » » / /f > f. / J » i'y / \ \ J % / \ r 03/29/91 11-42 tr 545 0119 Seacof "pIs ® 03 SEACOR Mr. Dave Carlson Page 2 March 28,1991 ’Fhe majority of tlie insurance requirements arc and will be met by the State of Minnesota Petroleum Tank Release Cleanup Fund, or as it is commonly known, the "Petrofund." As a tank owner, a letter regarding the insurance requirements was recently sent out by the MlnneiOU Pollution Control Agency (MPCA). If you did not receive the letter you should contact the MPCA. The above requirements, when met by the specified dates, we believe will ensure that youi UST is In full compliance with state and federal regulations. If you have any questions regarding this matter or specifics about leak detection systems or other upgrade systems, please do not hesitate to call. We appreciate providing our professional consulting engineering services to you. Sincerely, SEACO pher F. Thompson, P.E ipal Envirofunental Engineer Toi Planning Con.flission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson / Froax Dates Subject: Jeanne A. Mabusth, Building & Zoning Administ^hj^ ^ March 8, 1991 Oa #1625 Donald Olson, 4590 North Arm Dri* e - Variances - Public Hearing %^0 Soningf District - LR-IA, single family lakeshore residential, 2 acre minimum, unsewered Total Area - 5.49 acres List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Application Property Owners List Plat Map Resolution #2800 Site Plan Floor Plan West/North Elevation East Elevation Building Section Survey Pertinent Sections of the Ordinance Section 10.03, Subdivision 9 (D) - Accessory structures to be improved/intensified in front of front line of house. The code requires all accessory structures be placed at or behind the front line of the principal structure within the street/front yard. Section 10.03, Subdivision 9 (C)3(a) required. - Side setback variance Required - 30* Proposed - 24* Variance • 6* or 20% Saeiaw of Application - In Nay of 1990, Council granted a conditional use permit for the keeping of horses for the property located in a LR district. Approval was conditioned on the fact that the subject structures could never be used for the housing or maintenance of the horses because of the substandard setback to the adjacent side property line (75* setback for barns residential use only: ISO* setback for quasi'conmercial keeping of horses). Applicant retained the horses within a fenced area of the property and 1 '%s maintained animals off the residential site during the winter because of inadequate shelter. i t0S^March^t^vM91 Pag* The ft existingk^^li^ge wiVh thf ad-'a'.ent open sided s^o. The fiml structure will ^ applica’-ion i.-volves a reque-.connect the Duilding. nu* exceed the heigh c. nhe open storage structure. Based -in the 5.49 acres» the code would allow up to a 2,200 s.f. accesE'-: / structure. The current application involves a 1,293.9 s.f. t^ uct^re. Per the Council's directives in the earlier review (application #1508), the subject structure can never be used for the keeping of animals. it is staff's understanding that Mr. Olso. plans to use it for the storage of equipment now stored within the open storage stru'~t’.re and front yard. Staff has heard nothing from the neighbor to t''e vast. Staff has received a response from the golf course ovr.c te the immediate south who completely supports Mr. Olsoi * apo.-ication. The dense mature plantings that exist between t.ie residence on the property to the west and the improved accessory structure minimize “he visual impact. If you have a chance to visit the site. Members vi 11 soon realize that the applicant's proposal will be a great improvement to the front/street yard. Optl< Denial. If denied, please refer to the necessary findings within the ordinances; or Approval. If approved. Planning Comir.ission may consider c*ie or more of the following findings or hardships: A. The placem' nt of the house to the west and the presence of dense, natuva) screening within the side yard of the property will minimize the impact of ’■ ' intensified accessory structure to the east. B. The proposed structure will have no greater impact than the existing accessory structures placed less than 10' apart. The following conditions are recommended with this approval: 1. The conne;?.'j.ng of the twe structures shall be subject to all relevaut standards of the Uniform Building Code. 2. The subject structure can never be used for the housing of animals. a Zoning File #1625 March 26« 1991 Page 3 Additional Consents and Planning Condssion Reconsendation The Planning Commission unanimously approved the variances as requested by applicant and noted that all conditions of the original conditional use permit for the keeping of hor.es on the property had also been met. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. Isv I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C)3(a) AMD SECTION 10.03, SUBDIVISION 9 (D) FILE #1625 WHEREAS, Donald Olson (hereinafter "the applicant") is the ownor of the property located at 4590 North Arm Drive within the Citv of Orono (hereinafter "City") and legally described as follows; k The South 854.50 feet of the West 280 feet of the Southeast quarter of the Northwest quarter of Section 6, Township 117N, Range 23W of the 5th principal meridian, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied r the City of Orono for variances to Municipal Zoning Code SecLic )0.03, Subdivision 9 (C)3(a) and to Subdivision 9 (D) that would allow the permanent connection of a canopy structure with an adjacent detached garage resulting in a total square footage of 1,293.9 s.f., such a structure is considered an oversized accessory structure requiring a 30* side •atback. The intensified structure would be located 24* from the side lot line. The proposed structure would be completely enclosed as a single detached accessory structure to •^erve as both garage and storage areas and would be located in fro;.: of the front line of the principal structure where such accessory structures are to be placed behind the front line of the principal structure within the side or rear yard. Minnesota ; HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1625. The property is located in the LR-IA zoning district requiring a minimum of 2 acres. The property consists of 5.49 acres. 3.The Orono Planning Commission reviewed this application on March 18 and March 20, 1991 and recommended approval of the proposed variances based upon the following findings and hardships : Page 1 of 4 r.' 4. 5, a)The location of the house on the property to the west and the presence of dense, natural screening within the side yard of applicant's property will minimize the impact of the intensification of the accessory structures as proposed. The proposed structure will have no greater impact than the existing accessory structures placed less than 10* apart. 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 zonina district; that granting the variance would not adversely *\ffect traffic conditions, light, air nor pose a fire azard or other danger to neighboring property; would not merely serve as a convenience to *"he applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre­ serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. COHCLOSIONS, OR]AMD COHDITIOHS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (C)3(a) and Subdivision 9 (D) to permit the permanent connection of the two accessory structures as described above, subject to the following conditions; 1.The connecting of the two accessory structures shall be subject to all relevant standards of the Uniform Building Code. 2.The subject structure can never be used for the housing or keeping of animals. Page 2 of 4 I t. 3.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 8, 1992). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereb- agrees to the recording of this resolution in the chain ct title of the property. 1991. Adopted by the Orono City Council on this 8th day of April, ATTEST: Dorothy M. Rallin, City Cler)c Barbara A. Peterson, Mayor Property Owner(s) STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this Bth day of April, 1991, by Barbara A. Peterson t Dorothy M. Hallin, Mayor fc city Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 ■ i: 'V'i A j CITY OP ORONO - VARIANCE APPLICATION ^ ^ Initial Application Fee $175.00 JCl || O 1) ($50.00 per each additional variance) yy Renewal Variance Fee $100.00 (no change from original application) After-the-Pact Fees (Double application fee) ntOPBRTT LOCATION r ^ •'uvA i- . w‘»»V Site Address 7)<3^ ^4-^cW* VAlCtlT^i /j 71/T -.'ri Property Identification Number (P.I.D.)_ _ _ _ _ _^- - - - - - Attach legal description to application if not included on required survey. Phone (home) ^ _ Name C^A7- Jc, LATtj^ Phone (work) ?S' _ Address; '\^c ^ S_ _ _City; J __ _ _ _ __ _ _ _ _ ___ _ _ _ _ _ _ _ ___ ___ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _<1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _— OMnK (if different than applicant) Phone (home) ^ ^ 2..!l Name _ _ _ _ _ _ _ _ _ _ Phone (work) ^ Address: C /c^^Tt /^. City ;/J/g. _ _ _Zip; 5S 3 Date Property Acquired_ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ (month/year) I (do) (do not) also own the adjacent parcels of land. wuman oss op property Present Zoning District __ _ _ _ _ _ _ _ __ _ _ _ _ _ __ # ^ Present Use of Property - Residential _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ __ OBRCRXPTIOR OP RBQOBST Estimated Construction Cost $ Describe request in detail ____________________________________________ ▼ARIARCR8 RRQOIRB) r Lot Area _ _ _ Lot width _ _ _ Hardcover *r t Setbac)c Variances (_ _ _ Front _ __ Side _ _ _ Rear) \ Other - - - - - - - - - - - - - - - - — ■MD8BIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OBSCBIPTIOM OF ONUSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ISQUIRED SUBMITTALS 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-6C3 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction}. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8ii"xll"). €. S)cetches or plans of floor & elevation views (provide 1 copy 8*j"xll"). 7* As an addendum to this application, please attach a separate list of any other 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 remesdber that your variance application is not complete if the above iMfoTMation haa not been included. AfffLZCAMT'S SIGMATUBF The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additionr.l fees (staff tise 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^he best of h Applicant'8 Signature C Date ^ ~ ■> ^ '*cf 0—BBS 826MAT0BB The owner hereby ackowledges and agrees to this application and further sutherises reasonable entry onto the property by City staff, consultants, agents, Coamission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date *il Applicant must have all submittals into the City offices 25 days before the flsnning CosMission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review asetings of the Planning Cosaission and Council, if an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building t Zoning Office of this change prior to the meeting. i»*tv BArCII 002 rM4ll« •IMIlrtHiMMl OfOiatl PROi'EniY Oluifns iisi ritar amm (MCR tIMC TAWAVfi IMHE/AODII Amm omt iMi« TAXTAVIR MAtK/AOim Aimi OOCII NAIK 1AXRAVCR HANI/AeOR RROR AOOR OIIKR NAIC TANPAVfR NAM/AORR RROR AOOR OWCR NAIC lAROAVfR NAM/AaOR SO OA-117-2S 21 0001 0S9I8 AOORCSS UNASSlGttCO Jf AltC r ARI6IR0M0 JfAN r ARHSfROIIO 2SS NORTH ARH lAflf MOUND M4 65SA0 SO 04-117-21 24 0001 00216 N0R1H ARH IA ,lfArAR T ARttStROMO JCAN T ARIISIROtlQ 215 NORTH ARH lAIJi MOUND HIT 56144 10 04-117-21 24 0000 00170 NORTH ARH lA RAH SHIIH ROSCOC S t IMRRIfT C SMITH 170 NORTH ARH lAHE inOJO ItT 65144 ^ 04-117-21 24 0011 00S44 NORTH ARH LA NAM LARSON TIARR JAN LARSON 144 NORTH ARH LA MOURT TOT S5S44 SO 04-117-2S SI 0001 00440 NORTH ARH DR R A R OTIRHAU RtNI A 0A1R1C1A STEIHIAU 440 NORTH ARM OR HOUIRT HN SSS44 S8 06 117-21 21 0002 0'i620 tIORIM ARM DR H 0 A I M II NltllER DOM A MIMIER <i620 l«) ARM OR TIES! ttOUtIO lai 66164 SB 04-117-21 24 0002 00215 MORIII ARM lA JEAIIIE T ARM3IR0MG JCAII T ARMSIROIIG 216 imRIII ARM LAME MOUMD MM SS164 18 04-117-21 24 0009 00140 IIORTM ARM LA MIIIERIIIE P AXEI KAilllMIMC P AVn 4221 14 7111 PL ri E A102M BELLEVUE TIA 9000 7 10 04-117-23 24 0012 00160 MORIII ARM tA R 0 BACRERUO IDS BACKERMO ROOMEY 0 A OtAIIE S DACKERUO 160 ARM Lll M MUUIID l«l 66164 10 06-117-21 32 0002 00406 MORIII ARM DR lAKEviEH coir or inrA iiic LAKEVIEH COLT OP MIKA IMC 866 RED OAK LAME MOUIO III 56164 18 06-117-21 21 0005 04640 MORIII ARM OR H OIL IVIRSOII DAMIEL I IIMOA IVERSCM 4660 HfiRllt ARM on IIOUMO III SS344 18 06-117-21 24 0006 04590 IRIRTII ARM DR H D t OLSUM I V S OLSOM OOtlAIO C OLSOM 46 n liriRIII ARM DR H MOIAIO III 56164 on SQ Oi, l\7-Zl 2^ 0010 OOS!iO IIClRfM ARM LA J t E ADAMS r f» rmn'ciuirs imc 50'id lioittil SHORE OR HAYZATA III 5S591 \.;) SO 06-117-25 11 0001 00970 MORfH ARM DR L II DIIISliaRE i D J DUI6HDRC IAVCR1IE M I BARBARA OUllStlORE 970 MORIII ARM DRIVE Mnmo III 55549 V 1 10TAL BAICH 002 000 ) r s0 f ■D Va I 5 10.03 2. Overiised Accessory Strccrures r#9ulaced by the following table: are Lot Area Maxisusi Individual Accessory Structure ?ootcrint Area Maxinun Allowed Total cf Ail Accessory Structure Footprint Areas• on a Procertv 0-1.99 acre 1.000 S *f •2,000 s. r 2.00-3.00 acre 1,200 s.f.2,400 s. £ 3.01-3.50 acre 1,400 s .2,300 s. f 3.51-4.00 acre 1,600 Ssf .3,200 s. f 4.01-4.50 acre 1.800 s.f.3,600 S . 5 4.51-5.00 acre 2,000 s f.4,000 S.f 5.01-6.00 acre 2,200 s.f.4,400 s.f 6.01-7.00 acre 2,400 s.f.4.800 s.f 7.01-8.00 acre 2,600 s.f.5,200 s.f 8.01-9.00 acre 2,800 s.f.5,600 s. f 9.01 acre or more 3,000 s.f.6,000 s. f * Excluding non-roofed tennis courts» pools, paddocxs. arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: / \/ a) No such accessory structure shall be located within a required yard area {principal structure sstbecks must be met). Further, no such structure shall be nearer the front 1<t line than the front line of the principal residence on the prop and no such accessory structure shall be located less than 30* from the side or rear lot line regardless whether leas strict principal structure setbacks apply. / b) Theraaximumheightrorsuch accessory structure shall be 30' t.r the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. OROMO CC 255-1 (8-14-89) ,A5T M M^*"*^*^^*- -//7- u%.a m.v "WT^TW9t9 w M«. = 4Ci.M iif/ixs ;» »o? ------- (I) f » 4-90 ^ (2)in K 440 1 (9) AiMi^ iSU Ti^ SiS'QMSi ( 10) ' s»410.93 S33STH 1 am ' P9«R7H A ^?2Ji :ima iS7A7SS ■ ■•.“(./ 1 {4 5694431 City of OROIN P !L.. OMaNO RESOLUTION OF THE CITY COUNCIL NO. :300 AUG 21 1»Ui'. RESOLOTIOH GRANTING A CONDITIONAL OSB PKRIUT PER FILB #1508 L I / HNERRAS Donald Olson (hereinafter "the applicant ) is WBEKKA9# uuimAAj ^ j Norrh Arm rive within the owner of the property j legally aescribed astne City of Orono (hereinarter Ci-y ) ana xegaxxjr follows: The South 854.5 0 feet of the West H«nnepin County, Minnesota (hereinafter the property wnilBAS the applicant has applied to the City of Orono for a condition. 1 if su°cif^ar.?y “ L^k^sfo^rfRes”"tia 1property within the LR-IA Single section 10.20, Sonin, district per Municipal Subdivision 3 (M & N), and Section xC.^3, sudoi NOWp THEREPORB, BE IT RESOLVED by the City Counc* 1 Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #150« 2 The oronerty is located in the IR-IA.Single Family2. The property ^ District, in whicn the M.eayxnyLakeshore Resxaentiai zoning District, „„rnoaes is a of domestic animals for non-commerciax purpose conditional use. 3. On April IS, 1990, the Orono :;;irvVl fn^‘vftf bas«" upon the following findings: A) Lot area is 5.49 acres, all of which is dry buildable land. B) The applicant is ”9U«»3i;n9 P«"i*Vur.“ tf’n^^c 5?/tVi;tr"onfy* Uuld‘h". Vefutrl. 7oV keeping i horses. Page 1 of 4 / • (:u'£ nwaiNfjj 4 City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 2800_________ ^ The west boundary of the property abuts the RR-lB rural residential zoning district. D) Keeping horses on the property would not be detrimental to the neighborhood and would have no significant ffect on neighboring properties, as long as the horses are keot to the rear of the property and housed in a suitable shelter. E) The property is located approximately 900' from the dredged channel abutting Nortn Arm, and approximately 1,800* from the lake proper. Keeping of 2 horses on the property will have no negative impact on the laKe. 4, The City Council has considered this application cSS.\“«^”In*%'or«"by s"af/*a”d"”"^en«%f t.^f appUca^ and the affect of the proposed use on the health, safety, and welfare of the community. 5. The City Council finds that granting a conditional use properties, nor will its use depreciate surround... g property values and that the proposed level of use of tne property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of -he City. COHCLnsiONS, ORDER AHD CONDITIOHS Based upon one or more of the above findings, tne Opno City Council hereby grants a conditional use permit per Municipal Zoning Code Section .'0.20, Subdivision 3 (M 10.23, Subdivision 4 <A) to permit the keeping of up to 2 horses on the 5.49 acre property located at 4590 North Arm Drive, subject to the following conditions: 1. No pasture area or animal housing structure mav be located between the street lot line (south lot line) am n front line of the house. is further stipulated that if the horses are to kept on the property through the winter, a suitable shelter shall oe provided by October 31, 1990. [- 3. The existing garage/canopy structure lo i b»twen the house end North Arm Drive may nut be usea for housing horsttSe Any >pos#d structur# for tho housing of horso* mamt wmmt tho folloiring roquirod ••tbneks: 0 D ]City of OROiVO :» V RESOLUTION OF THE CITY COUNCIL NO. - -_________ a)i n from all i b)150 • from any c)no closer to misdemeanor . 5. The undersigned owr.er has read, agrees to the terms of this resolution and behal. of himself, his heirs, successors ana assigns, nerecv^_ aj?^-- ^ the recording of this resolution in tne chai.. o. ...*e o. the property. • Adopted by the Orono City Council on this '.4th day of May^ >1990. \ \ \ I i y. Jame^ R. GrabekN,51avpr //J^ ( : STATE OF MINNESOTA ) ) S3. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of May, 1990, by James R. GrabeK & Ballin, Mayor & City Clerk of the City of Orono, * ■unlclpal corporation and said instrument was executed on behalf of the City. Page 3 of 4 To:Mayor Peterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froa: Date: Jeanne A. Mabusth, Buildina & Zoning Administrat^yiJQU45^ March 8, 1991 Subject: #1628 Mark & Sara Finney, 4195 Highwocd Road - Variance Soning District: LR-IB Required Area « 43,560 s.f. Total Area ■ 38,550 s.f., approximate 0-75' » 10,500 s.f. (75 x 140) 75-250* setback area = 28,050 s.f. (165 x 170) Hardcover Review 0-75' * 10,500 s.f. (75 x 140) 0-75 - 0* 75-250* setback area = 28,050 s.f. (165 x 170) Allowed “ 7,012.5 s.f. or 25% Existing » 3,450 s.f. or 12.3% (Review Exhibit E) Proposed ■ 4,572 s.f. or 16.3% (Review Exhibit F) •staff chose not to enter fenced area because of dog and was unable to confirm additional hardcover within the 0-75* setback area. The banks are steep and the applicant should be allowed the customary access stairs to lakeshore. Pertinent Sections of the Code 1. Section 10.22, Subdivision 1 (B) - Review Exhibit C. The applicant proposes a major addition and the replacement of complete foundation beneath existing structure. Portions of both existing structure and proposed addition are located in front of the average lakeshore setback line. 2. Section 10.20, Subdivision 3 (G) 2 - Non-rental guest/designated apartments. Review Exhibit I. The plans for basement level share a second kitchen area. Applicant must be placed on notice that this area of the basement level can never be converted into a non-rental, guest apartment unless the required conditional use permit is applied for. The current plans do not propose an apartment. Applicant is merely being advised of the reauirements of the ordinance and it is appropriate that the City provide notice to the applicant at this early review. 3. Sections 10.02, Definition 13 - Building Height and Section 10.24, Subdivision 5 (A) - LR-IB Lot Standards. Please review Exhibit H-1 and H-2. Staff has confirmed that 50.3% of basement is below grade. Height was measured from high side or street/entry side. Total height of structure is 22* measured to mean distance of the highest gable. Actual peak height equals 26*.. Zoning F^ie #16^8 March 8r 1991 ^ Page 2 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K - Application - Property Owners List - Plat Map/Average Lakeshore Setback Sketch - Resolution #1509 - Existing Hardcover Fact Sheet, 75-250' Setback - Proposed Hardcover Fact Sheet, 75-250' Setback - Survey/Site Plan 1 & H-2 - Street Elevation & Staff Worksheet for Height Elevation Determinations - Kitchen/Basement Plans - Elevations - Floor Plans RoTiew of Current Application - In 1983 the previous owner was granted setback variances for the enlargement of the detached garage located 9+ feet from the street lot lino. Review Exhibit D, a backout apron has been maintained on the site and structure has been maintained as a detached accessory garage as required by the earlier variance approval. The applicants propose an approximate 20* x 60' addition consisting of three levels with lakeside deck. The foundation under the existing structure is to be replaced. The existing S-season porch and lakeside deck may also be removed. These determinations are to be made at a future date by contractor in charge of improvement project. Review Exhibit C. Portions of the addition and the existing residence are located in front of the average lakeshore setback line. Applicants seek approval of a variance not only for the addition and new foundation but for the three season porch and deck that may be replaced. Applicant should be asked to provide additional information as to future plans for basement area. The applicant should be placed on notice of the need for a future conditional use permit if a guest apartment is ever planned. In seeking approval of the variance for encroaching the average setback line, the applicant notes the shape of the shoreline and the difficulties of adhering to the average setback line for the property located on a point. Staff would add the steep topography along the west side limits any view impact from lakeview windows of cabin. The mature plantings that exist on the adjacent western lot and subject property provides natural screening. It should also be added the house was placed on the property prior to lakeshore regulations and that all other setback and hardcover standards are met by the expanded structure. Zoning File #1628 March 0, 1991 Page 3 Options of Action If approved, members may consider one or more of the hardships and findings noted above. Staff would recommend that final resolution approving the average lakeshcre setback variance also include a notice to owners of the need for a conditional use permit if a non-rental guest apartment is to be installed in the basement level of the residence; or Denial, if Planning Commission denies the application, please refer to the necessary findings section of your Code. Additional COMents and Planning Cosnission Recomendation April 2, 1991 Additional Bxhibits Exhibit L - Finney Letter Regarding Second Kitchen Area in Basement Level Exhibit M - Staff Sketch of Access Stairs Structure within 0-75' Setback Area The Planning Commission unanimously accepted the hardships and findings noted by applicant in requesting the average lakeshore setback variance. The Planning Commission also noted that the property is located on a point of shoreline making it impossible to meet average lakeshore setbacks from adjacent properties. The basement level kitchen area has been addressed by the applicants in their letter. Exhibit L. A major issue raised for this review was the presence of a lakeshore access stair structure that well exceeds the allowed 4*' width for stairs and 4' x 4* landings allowed for lakeshore lots with severe sloped banks. The structure is 6 to 10 years old. Because of the length of time since original construction, the Planning Commission recommended that the structure be recognized as a nonconforming structure and subject to all pertinent standards of the Code. Any proposed structural repair of this structure would be subject to approval of the City. The Planning Commission further conditioned approval on staff making the necessary inspection to confirm structural stability, total hardcover within the 0-75' setback erea and condition of plastic underliner beneath specific landscaped •teas. Staff was also directed to determine if additional landscaping could be provided in order to screen the intensity of the structure. Please review the staff sketch Exhibit M, we would recommend that 144 s.f. of the plastic underlain beneath the landscaping in the planter boxes be removed but that the plastic under liner beneath the severely sloped landscaped bank be allowed to remain in order to prevent •tosion. Staff also reviewed the condition of the sloped banks along the shoreline of the property noting severe erosion and potential of t i Zoning File #1628 March 8, 1991 Page 4 Qven wore severe erosion of the banks resulting in the loss of major ^2^009, Staff has recomniended to the applicant that they apply for a comprehensive conditional use permit for a staged planting and possible retaining wall installation. They were advised to contact a professional landscape architect to determine appropriate methods of planting and possible retaining wall installations. The Building Inspector and Zoning Administrator inspected this structure and found it in good stable condition. Hardco>^er is reviewed as follows: 0-75* setback area = 10,500 s.f. Existing hardcover = 1,182 s.f. or 11.2% Proposed = 1,038 s.f. or 9.8% (removal of plastic underliner beneath planter boxes totaling 144 s.f.) As staff already noted, we cannot recommend the removal of the plastic underliner beneath the sloped landscaped area beacause of the fear of further erosion. The enclosed resolution has been drafted per the approval recommendation of the Planning Commission which involves all appropriate notices to applicant concerning conversion of basement kitchen area into a non-rental apartment, existing access stairs structure is nonconforming and subject to all pertinent standards of the Code and that this approval is subject to the removal of 144 s.f. of plastic under liner within planter box area. lev A RBSOLDTION GRANTING A VARIANCE TO mmiCIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) PILE *1628 IfBBREAS, Sara J. S. Finney and Mark A. Finney (hereinafter "the applicants") are owners of the property located at 4195 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 26, 27, and 28, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit construction of a major addition, replacement of complete foundation beneath the existing residential structure and possible replacemnt of deck and 3~season porch, portions of which are located in front of the average lakeshore setback line. Minnesota : HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1628. 2. The property is located in the LR~1B Zoning District requiring 43,560 s.f. or 1 acre in area. The property consists of 38,550 s.f. or .88 acres. 3. The Orono Planning Commission reviewed this application on March 18, 1991 and March 20, 1991 and recommended approval of the proposed variances based upon the following findings and hardships t a) The shape of shoreline as property is located on a point . b) Steep topography along west side limits any view impact upon lakeview windows of residence on adjacent property. Page 1 of 4 c) Mature plantings that exist on adjacent western lot and subject property provides natural screening. d) The house was placed on the property prior to lakeshore regulations and that all other setback and hardcover standards are met by the proposed improvements. 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 <^f the community. CONCLUSIONS, ORDER AND CONDITION? Based upon one or more of the above hardships and findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit construction of a 20' X 60* addition, replacement of the foundation under the existing residence structure and possible replacement of lakeside deck and 3-aeason porch, portions of which encroach the average lakeshore setback line. Approval is subject to the following conditions; 1. Applicants shall remove 144 s.f. of plastic underliner beneath planter boxes within lakeshore access structure. Plastic under liner shall be removed prior to the Building Inspector's inspection of the footings for new construction. 2. Applicants are hereby placed on notice that deck and access stair structure within rhe 75' lakeshore protected area Is nonconforming and subject .o all pertinent standards of the Code. Any plans to make structural repairs to this structure will require approval of the City of Orono. Page 2 of 4 3. Applicant is further advised that a conditional use permit is required if a non-rental apartment is to be installed within the basement level c' residence. This apartment may never be for rental use. 4, Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 8, 1992). 5, 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. 6. 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 their property. 1991. Adopted by the Orono City Council on this 8th day of April, ATTEST: Dorothy M. Hallin, City Cler)c Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 0th day of April, 1991, by Barbara A. Peterson s 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 A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee SI75.0C ($50.00 per each additional variance. Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee • f ♦ i , \w W' * .t i* PROPERTY LOCATION Site Address "t' 'l. I Li , ' t t\ I Property identification Number (P.I.D.) ^ 7^ ! / ? ^ Y_f" Attach legal desc*'iption to application if not included on required survey. • •• . ‘ - «v . * * *u — - V • 1 < m^ APPLICAMT Name / . 1 i •r'1 M'/ Phone ( home ) U. * ^ - Phone (work ) * - *5 ‘^VAzzlks ’w ^ - •. Address;City:Zip; (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: Date Property Acquired (month/year ) I (do) (do not) also own the adjacent parcels of land. PKBSBNT osb of property Present Zoning District Present Use of Property P riiiy\ci'^Residential Other (specify) DB8CR1PTIOH OF R)Estimated Construction Cost Describe request in detail; I V1IRXA»CB8 REQOIRbJ Lot Area Lot Width Hardcover Setbac)c Variances ( Other Front Side Rear) ^ fnr, u — / 'ct ttf t Ut.i c*j\ 3 dhCLpt^ I BAROSHIP Describe undue hardship or practical difficulty resulting from stric enforcement of zoning regulations; /,! , a /’ ti. — -hy. /AsT':./ ..n c.r \ll - - - - - - - - - - - - - - -1- -- - - - -1- - - ^_ _ _ _ _ _ _ _ _ OBSCRIPTZOli OP tmOSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning . I. . . . .Code Requirements; / .A /■iL /a c f '/•>? Q. //w>ur. /-V-___________^............................. fY^ >ir._________________^ /> rn. siJL ~fT -------------------------- REQOIHED SUBMITTALS 1. Completed Application Form ’2, Certified Property Owners List of owners within 1.50' (you must obtain this list from Hennepin County Department of Finance A-6C3 Gcvt 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 (x) copy S^-xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i;'‘xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8h''xil'*). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. U, Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remenber that vour variance application is not complete if the—above inforiieblon hae not been included. APPLICAMT'S SIGMATDRB The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature 'a A ^ ,y/il Date ■J /•// OMRS SIGMATDRB . . . r u The owner hereb^ ackc^ledges and agrees to this application and further authorizes reasonably entry onto the property by City staff, consultants, aqentSf ComsiissionS^mbers/ and Council members for purposes of investiga ­ tion and verificat/o^ of this request. Owner's Signature_ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ - f’^te - - - - - --- - - -_ 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 cmwimw Metingn of the Planning Comaission 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 4 Zoning Office of this change prior to the meeting. • A I ^ *1 W 4CC9 s» 07-n7-js 4i cca» U>;iUO CH H3SP ASSN rAlffVlCM H3SP ASSM 2JU 41H ST S nPLS rs 5S-5<i 36 07-117-:i <»1 0010 uniuo CM H05P ASSM filP.'ICN H05P ASS'I ;3I2 61M ST S npis nn 5S-.Si 36 07-117-21 4S 0011 0^109 IXRIH SHORE OR UMITCO CH HOSR ASSN rAUViCU corouiiiTY hospital 2312 SO 41H ST rir*is HH SS'iS^ PROP AOOt 0^«f IMHC TAKPATT* lanc/ACOR le 07-117-23 <•<. 0tl6 0^149 MICHyODO PO ,j h I -OlOBte-t r.LTtPa tlAl La^'i KarA^'A- OCORGi I HUrtRS <il49 H1CMW003 rO n>jro rrfi S5 3* ^ 36 07-117-23 0019 OilSO HI0MU3C0 RO tnoiCOG-N HUSa iiXaLi*^ fP«llCiS H IIIISBN ^ISt HlSMt.'OOS RO t'.O'JfO m S53oh 36 07-117-21 <*<• 00:0 0<tU7 NICHU0'>0 KO (URLIH L HALVCASCN riPllN I HALVfRSOM <«17S H1GKU009 RO HH SS3b4 PROP AOOR CMC* NAHI TA7.PAU0 NA74i/AOO> PI OP AOOR cw*tfR tail TAVlAlCR iia **C/a :op prop AOOR 9C.*<R IUM lAKPAItR IMK/AOeP lAKRtnO I/I SI 07-117-n M 0021 •AITS ItICHtWOi RO MRllM L MA2VIR52-1 niRlIN I KAIVCPSO'I ••17S HICnWOOO RO MOTTO H'l 593^5* se oi-ii?-*! oo:h OA|90 HICM}.‘000 bo NOHiirt Alt rt‘pf /ICiCCar^ HJMr^ AUl'Aliitn Ht*lT <l*§ m6>it<r3 PO tccic n !51^'« S6 PT-ii:-:! **4 oc:7 • l»6 HtC'iUXO RO N A i riVtAtl NIPICRI I lOrtlTA Cl\A»>. ^ . tPUt lltfiM »• Kom^ J --------------------- St •7-II7-SS M 6030 •Aitt HltHWW PO Vt;//. ^o*i 4ltl MIVIUIO *0 tout :6 07-117-23 AA 0C22 CAios Hiilurcoo RD . i^A H H£CAa< >■ CORStK A19S MICMUDOO KOiD o j:>*;o fu» 5S3^)A 13 07-117-23 sA C025 0<Ii2 HJOH..C/20 RO . . P X h 1< 2 MU'UiCJJ RO rwj J r«4 33 07-117-23 mA 0326 C .120 MIC i«3r0 f0 3-A-m IMHfjf R A S J HA6RAH AJ‘»SS«+' Al'O MIG'.U^OO RO M'.OtO «« 5536A TOTAL 6ATCH 001 60016 IS 07-117-23 *«A 6023 JULIUS C HAUUM lAlRVlEU HOSPITAL 2312 S 6TH St HPIS Mil 5S>«5A ASSN 36 C7-117-23 A6 0026 0-«17A HIGHUOOO RO 0 I CARTCtl AON MALPCR MIP2ERT B OrVAAN ireos SU3AII drive ri».-l£TCr.':.A A»i S5 3A3 33 07-117-23 h 6 0029 0-.1A6 HlCM.C0a PO ittfRET A MTRTniS ^fRET » rAPIf.lS a 1A3 NICNUCOO MO Moms HN SS36A C C' f. {; i• , I \ # ♦ I9B3 t % I .11 Y OHQNQ j J -r f-' . "N^< City of OFIOIVO RESOLUTION OF THE CITY COUNCIL /jU NO. ^ - _ _ _ _ _ y Granting A Variance to Municipal Zoning Code Sf»ction 34.452 - Pile 762 Whereas, Thomas Corson (hereafter "applicant") is the owner of a oroperty located at 4195 Hionwood Road within the City^of Orono (her e*'naf ter "City") and legally descrioed as Lots 26, 27 and 29, Highwood Lake ,Minnett."..-;a (herearter "property"); and Whereas, the applicant has applied to the City for a variance to municipal toning code -action 34.452 to permit the construction of a 24' x 32’ detached garage to be located 9.6 feet from the street property line instead of the required 35 feet. Minnesota : Now, Therefore 3e It Resolved by the City Council of Orono, Findings 1. This application was reviewed as zoning file no. 762. 2. The property is located in the LR-13 Single Samily Lakeshore Resid0nt.ial Zonir.5 District* 3* Th0 Orono ?l3nning Conini33i.^r. T'Sviewed this Bpoix^stion on July 19, 1983# recommended approval of t.he variance as proposed based upon the following findings: a) Severe slope of land to Che imme 1 late south of proposed garage. b) Location of a mature oak and several snail trees to the inunediate south of proposed garage* c) The proposed setback will allow use of tne existing gravel turnaround and cut down on additional hardcover. 4. The City Council has considered thi.s application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the effect of the proposed varianceson the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to It and do not apply general ly to other property in this zoning district: that granting the variances pace 1 of 4 o •\City of OROINO RESOLUTION OF THE CITY COUNCIL NO. would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Section 34.452 to allow construction of a 24' x 32' detached garage on the property legally described above to be located 9.6 feet from the street property line instead of the required 3 5 feet subject to the following conditions: 1. The detached garage may never be used an a guest house/second residence nor may a home occupation be conducted within the accessory structure. 2. The doors of the detached garage must face away from the street with turnaround provided on the property. 3. The detached garage will not be permitted to have interior plumbing. 4. No other variances are granted or permitted for this structure. 5. Authorities granted by this variance run with the property not the the owner , 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 (August 8, 1984). 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically t >rminate any author i tygranted herein, and shall be punishable as a misdemeanor. 7. The undersigned owner has read, understood and hereby agrees to the terras 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. oace 2 of 4 1 t J I V* (IF aHQNCl City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _’ - aX ^ - Adopted by the Occnc City Council on this 3th day or August, 198.:. ATTEST: City Cleric CITY OF ORONO (2) ^cAAA n C property 3wn e r(s) (3) property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _^ I J88»%jS^ISWI , 1983, before me a Notary Public within and foT"^iaTd County ”, personally appeared 'h°e“"£”e”oin“ Instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. l7 N0TARY“PUBKTC“ // u MY COMMfSSIOM EXPIRES page 3 of 4 ScT3Ac:< zone: (c'.scle criE,' 0-/5 Existing Hardcsves in Zone f - / A. House B. Garage c. Driveway D. Si .^alx e. Patio/ Deck p.Landscape areas UNDERLAIN BY PLASTIC SHEETING 6. Other ^7 X 3 S . r . LENGTH X WIDTH 3 S * r . X 3 S * r . X S.F* X 5,S.F. X p.l 3 7-f .7 0 • f • . / /;-X .3 . r • X 3 . S.F. X ..7S f/ 3 0 . r . X 3 S.F. - /.‘r X -'5 r'* f g.^7 -/ *S.F. X 3 ■:q>!S.F. ’ * * »X _ S.F. f 1 X 3 S.F. X S.F. X 3 S.F. X S.F. iTAL Hardcover IN Zone S.F. iJU ^ a ^ ^ f ^ Total Property Area in Zone 4 mi^ S.F. B X ICO - JQ -2k— ^ h HARDCOV £R CALCoLAT:CN WORKSHEEI-- SETBACK ZONE:(circle one'0 -•r / / ^ *-'I ^C"' n / ^ n ^ t ^, »»•« — « w w ^ ^ « ^ f « ^ Exist iNG Hardcover in Zone A.■lOUSE ^'7 ^ 'j X .-//r A. S.F.i length X WIDTH = / / / ^S.F. h •■'/\ ^r.r.'VCN / /. A I' /j t 0L u F/y/N X£j X =S.F. X ;< 3 3 . r , S w • r* • B. C. Garage X '■.-^ •—r 3 / K z'S.F. Driveway X V)') ^ A = 7 /;.S 1 ^ • X Sa S.F. D.Sidewalk X '>f(T= / T'3'S.F. X S.F. -t T /tr /f9•X A'*- S.F. E.’at10/ ’)eck ^1 X =S.F. f.S //.r AtyOt^'Lrx p.Landscape X 3 • r . AREAS UNDERLAIN BY X 3 s. ^ . PLASTIC SHEETING X S.F. X .S.F. 6. Other X S.F. Total Hardcover Total Property Area IN Zone 4C5'7^S.F.A IN Zone S.F.S UKnO. .i[i] X 100 ■ /-g -^ % P£.C<h^/^L$» ££H>J ^CuA»C!<£X> J 20 1 j:' fnr Tho*»3 R. Ccrson H.irr.wpod l^ics >*innetcnKa .::irr.c-^r ^I1©(1QW[1 T^\ \\ JUL-5S83W ^ CITY OF ORONC) #!2 O7t76 vt V THIS IIE^ m BSIis!cs3ni;ii£3 ^ ri,2T^zr, j^4 ^..aw -►-* . 17"-:^':rr?c*i •'.*''r*?cer Vi tlrr. 3 a-!:!"/**:' t,h» brund.-*ri-ss oT 2t , 2~, 3rd -"r., Hi,ir.wcod l*ilce Hi”r.o V:r <;^ , nr.d tr* lo'':itior. of all -rijtin.? r.ui’.lirps -h-r-^on. It lc-9 not purocrt to snow other ia- V3»2*Br*or dncz*^'^o • GCRXN a. ccrn:: cc., L'.'c. ^ijraon R. Coffin Res/Nc. b<Jfo4 Meric S.~Cronberg _ IlReg/^!*o *^2755 l^r.c Surveyors end Plennors :^ng Leee, hinnesoU _____ —■ ■ - - r- •w-:;r *. ~ •-♦u .:. ^ . ------ Scale : Oite O '! 1- = 4D* 6-23-33 * - Iren eerker found Iron aerker set 0^ m #- — -!> ,'^^/r '<^m • ^ J *‘ • 9 / r\ ’' J >^ C^ -x / c- ?/ • 4.^ A ■■,'¥ * / ^ * N _Z.« •<> ^ »•£, f -"•/ ^ ^ e? Si ' |0 ]»U /S V ^ ^ ^ «• r/ ^x3o ^ o ^»r2o^ M IS^'H * f l%Kt *'/•*' 5li»</ : Z, I = 7. ^ t •®rj»*7 -r/.7 3.9 ,9r ^/| • /^’ ^ "7.T. ,3,<V<ZP I Vo ■*' #5^V 3« 1 I fut^Y’n ^mrr^ ^ I9c:? -irb. S/’ iV-za.^ • nut 4<»vCc ^*^*‘*~ - A Ci \ \ \ \ d ^ o ?ff-* ^•7 UU^_ U <^s3h^t5»C </e- /^ler' city of Orono Council 1335 Brown Poad South P 0. Box 56 Crystal, MN 1628 Mark & Sara Finney Variance Application Dear Council In response to Ms. Jeanne a. Maousth s memo corresoondance to Mayor Peterson & Orono Council Member. Planning Commission Chairman Kelley, Orono Planning Commission Members, and City Administrator Bernhardson. dated ‘^arch 3, 1991, i would like to clarify our intended use of the second kitchen are ir the basement plans of our project The kitchen area is adjacent and open to a general recreation area which is intended to be used for family recreation or general far ... entertainment. There are no plans now. or In the future, to ever have this area separated off from the mam and second floors of our home for non-family activities c to use it as rental property We understand that this cannot be converted into a non rental, guest apartment unless fhe required conditional use permit is applied for. as stated in Section 10 20. Subdivision 3 We thank you for your notification to us of this issue and can be reacned at 472-0763 if there are any questions Sincerely, Sara J. S. end Mark A. Finney 4195 Highwood Road Orono, MN 55364 'Sk^-hL Nit Ti >4 Ite .it I I I I I . Hardcover 0~75* Steps 7’ X 42' = 294 s.f. 3' X 34* = 102 s.f. Total “ 396 s.f. Deck 4' X 24' 4' X 24' 2 2' " ' •= 96 s.f. “ 96 s.f. X 20' ® 240 s.f. Total «= 4 32 s.f. Landscape Area Underlain with Plasti (Planter Boxes 1 4'X 16*- 72 s.f. 4'X 18*= 72 s.f. 1 b)Sloped Area 5'X 42*210 s.f 1 Total = 354 s.f 0-75» Total Hardcover = 1182 s.f. 7 . ^/ JToiMayor Petersen & Crono Council Members City Administrator Bernhardson Froa: Date: Michael P. Gaffron, Asst Planning & Zoning April 2, 1991 Subject: #1629 McNulty Construction Company/W. D. MacMil.iioJ^ ^ 1700 Fox Street - Variance % Sonlng District - RR-IB^ Single family rural residential, 2 acre, unsewered Application - Request for accessory structure footprint area variance to construct addition to existing tennis court building. List of Exhibits Exhibit A Exhibit B Exhibit C • Notice of Planning Commission Action 3-21-91 - Planning Commission Minutes 3-18/20-91 - Footprint/Floor Area Review Submitted by Applicant 3 18-91 Exhibit D - Memo and Exhibits of 3-11-91 Discussion Please review the memo and exhibits of March 11, 1991, Briefly, the applicant proposes a 1990 s.f. footprint addition to the existing 12,100 s.f. footprint tennis building. Applicant notes that the building originally approved by Council in 1967 had a footprint of 13,200 s.f. and actual floor area of 16,875 s.f. Due to a revision in plans prior to construction, the building actually ended up being built smaller than that which was approved. With the currently proposed additions, the footprint will increase to 14,090 s.f. (890 s.f. larger than footprint originally approved) but actual floor area of only 15,836 s.f. (1,039 s.f. less than originally approved ). The following variances are necessary for construction of this addition: a. Footprint exceeds allowed 3,000 s.f. b. Total of all accessory structure footprints exceeds allowed 6,000 s.f. c. Additions are closer to road than principal residence. mmZoning File #1629 April 2, 1991 Page 2 Planning Conn|^^idon Reco:rrx.idation MThe<^[i^r members of the Planning Commission present at their March reconvened meeting were split on their recommendation for thes|^2|#iriances. The motion to recommend approval resulted in a 2 to 2 v^le. Those in favor felt that the original reasons for granting the variance are equally applicable to the current request, especially since the building is less total floor area rhan the original approval, and that the structure indeed more than met the City’s goals and requirements for screening to make it nor-obtrusi^e in the neighborhood. The Planning Commissioners not in favor of tie motion agreed that the screening had been more than adequate, however, they also felt that the original approval was not based on sufficient reasonable hardships, and had voted against the building originally. Staff Rec ndation Given no clear direction from the Planning Commission, staff would again suggest that Council review the memo of March 11th and the findings and conditions of Resolution #2204. The applicant obviously feels that he should be allowed a building of the same floor area as was originally approved. The City changed the criteria for accessory buildings to the "footprint area" after adoption of that resolution. If the same findings that resulted in approval in 1987 are still valid, then Council would be justified in granting approval. The applicants did execute a covenant as required, that in conjuction with City Zoning Ordinances, severely restricts the property owner's ability to change the nature of the property. Staff recommends approval of the addition subject to continuation of the existing covenants and the findings and conditions of the previous resolution. However, because of the split Planning Commission vote, staff has not drafted a resolution, hence Council should conceptually approve or deny the request and direct staff to draft a resolution for your next meeting. Isv CITT OP ORONO P. O. Box 66 Ciystal Bay, MN 473-7357 55323 ZONING PILE #1629 NOTICE OP PLANNING COMMISSION ACTION Date of Notice; March 21, 1991 TO: McNulty Construction Co. COPIES TO 400 Second Avenue South #650 Minneapolis, MN 55401 Craigbank Associates W. Duncan MacMillan, Partner Dept. 28 P.O. Box 9300 Minneapolis, MN 55440 TTPB OF APPLICATION: Variance DATS OP rriNG: 3-18/20-91 VOTE; 2 For 2 Against Planning ConBisalon reconnends the following; Approval as submitted H0TB8 AND SPECIAL CONDITIONS; Applicant's next scheduled meeting is confirmed as City Council on Monday, April 8, 1991; 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. lav mu iviUMUiiy oom|JiiyProposed addition to McMillan Tennis Court 1700 Pox street Orono. Minnesota Area Statistics ------------------------------------------------------------------------------------------------------------------------------ Area as oer footprint----------------------------------------------------------------------------- builcJinq (oolpfinl ext aro<i under roof lotal approved by Council Resolution #2204 12.600 s.f.600 S.f.13,200 s.f. Existing BuHdlrHJ as built 12,100 s.f.s.f.12.100 s f’.^' Existing Building plus Proposed ; -7 1,790 s.f. 13,890 s.f. 200 s.f. 200 s.f. 1,990 S.f^ 14.09d“8.K area beyond originaJ variance 1,290 s.f -400 s.f.890 s.f. Actual building area first floor area second floor area total approved by Council Resolution #2204 16,875 s.f.Included In 1st (1.16,875 s.f. Existing Buiidng as tiuill 11,095 s.f.2,791 S.f.13,886 s.f. igibpMed Addition Existing Building plus Proposed 1,783 a.f. 12.878 s.f. 167 S.f. 2,958 s.f. 1,950 a.f.' 15.836 S.f. area beyorid original variance •3,997 s.f.2,958 s.f.-1,039 s.f. 2' Tos Planning Commission Chairman Kelley Orono Planning Cominission Members City Administrator Bernhardson Proa: Date: Michael P. Gaffron, Asst Planninc & Zor.ino Administrator March 11, 1991 Subject: #1629 W. Duncan MacMillan, 1700 Fcx Street - Variance - Public Hearing Soni&g District - RR-lB, Single family rural residential, 2 acre, unsewered Application “ Request for accessory structure footprint area variance to construct addition to existing tennis court building. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Pertinent Facts - Application Plat Map Property Owners List Survey Site Plan Construction Plans Resolution #2204 Approving Existing Building Declaration of Covenants for Existing Building As-built Footprinc Diagram Site Plan & Building Flans as Originally Approved by Council Zoning Code Section 10.03, Subd. 9 1. Applicant proposes 1,990 s.f. (footprint) addition to existing 12,100 s.f. indoor tennis building. The 1,990 s.f. figure includes a covered entry walkway of about 200 s.f. 2. Requested variances are as follows: A. Individual accessory structure footprint area exceeds the 3,000 s.f. allowed for this 13.5 acre lot [Section 10.03. Subd. 9 (C)]. B. Total of all accessory structure footprint areas exceeds the 6,000 s.f. allowed for this lot [Section 10.03, Subd. 9 (C) ]. C. Additions to accessory structure are located closer to the road than the principal residence structure [Section 10.03, Subdivision 9 (D)]. Zoning File #1629 March 11» 1991 Page 2 of 4 3. Note the followina facts and fiaures; 4. A. Setbacks: Existing Front 143.2' Rear 425’ Left Side 266* Proposed No Change 415' 252' Required Variance 50* min. 50' min. min. B. Height: Although no elevation view was submitted, the roof plan indicates height will be lower than existing building and less than 30' height limitation. 12/uOO s.f. 12,100 s.f. 14,090 s.f. 3,000 s.f. C. Footprint Area: (Lot area * 13.5 acres) - Footprint per plan approved by Council in Resolution #2204 - Footprint as built, 1908 - Footprint proposed 1991 - Allowed footi.- -nt, individual accessory structure D. Total of Footprint Areas: - Total allowed combined accessory structure footprints - Total existing combined accessory structure footprints - Total proposed combined accessory structure footprints The existing tennis court structure was approved by the Council per Resolution #2204, adopted June 22, 1987. Variances granted in that resolution include; A. Exceeding 1,000 s.f. floor area (16,875 s.f. total floor area, included the first and second floor). B. Nearer front lot line than principal structure on property. C. Height of 33* defined/40’ peak, exceeding 30' defined height limitation. 6,000 s.f. 13,828 s.f. 15,818 s.f. Condition #2 of R executed by th provisions : 'ition #2204 required that a covenant be oerty owners, with the following A. No commercial use. B. Adequate screening from road and neighbors. C. Access from private driveway only (no new curb cuts). Zoning File #1629 March 11» 1991 Page 3 of 4 D. Building can't be sold separately from the principal residence on the property. E. Any future subdivision must maintain 13.5 acres and principal residence with the building, 150' setbacks from building to any new let lines, and maintain required screening. Building permits for the existing structure were issued in the summer and fall of 1987, with a Certificate of Occupancy issued in August 1989. Discussion - The original plans for this tennis court building included two double garages at the northerly end of the building. No squash court appears on the plans originally reviewed by the Council. After Resolution #2204 was adopted, the applicants deleted one of the double garages and rearranged interior rooms, apparently due to soil problems near the north end of the building. There may have been other reasons for this change,of which staff is not aware. Applicant is now proposing to construct the double garage plus a squash court at the north end of the building. Planning Commission may recall that this tennis court building was one of the major factors which lead to adoption of accessory structure ordinance revisions in 1989. Those revisions limited the footprint area o^ 'ccessory buildings keyed to lot size, and required specific covenants for oversized accessory structures that would preserv* the required lot size and setbacks. In staff's opinion, the location and screening of the existing building have not affected the character of the neighborhood. The tennis court building is barely visible from Fox Street in the winter, and is almost totally screened by vegetation in the summer. We have received no complaints from neighboring property owners regarding the existing structure. The proposed additions still more than meet the minimum setback requirements for an oversized accessory structure. Of course, because the tennis court building is closer to Fox Street than the principal residence on the property, a location variance is required. Staff is concerned about soil conditions at the north end of the building, and the Inspections Department would require adequate soils documentation and proper foundation planning to accommodate this addition if it is approved. Zoning File #1629 March Hr 1991 Page 4 of 4 jjQ^hing in the original covenant for this struct -ire would disallow increasing its size. The Planning Commission is referred to the findings of Resolution #2204 for consideration of whether the additional variances are justified by adequate hardships and practical difficulties. idation -Staff Rec If the Planning Commission feels that the hardships and practical difficulties noted by applicant and noted in Resolution §2204 provide adequate justification for granting of variances to increase the footprint of the existing tennis court building, then a recommendation for approval would be appropriate. Any recommendation for approval should include findings that support such recommendation. CITY OP ORONO - VARIANCE APPLICATION 1 1 ' • *» Initial Application Fee $175.00 y ^ ($50.00 per each additional variances ■* Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 1700 Fox Street Property Identification Number (P.I.D.) ^ ~ ^ ^ ~ - 3 - j I - 0 0 0.3— Attach legal description to application if not included on required survey. APPLICANT Pijone (home) Name Mc 'Jultv Constructirn Company Phone (worlc)—3 39-06 _4- - Address: 400 Second Ave. S, ^650 City: Minneapolis _ Zip: 5541U OffNER (if different than applicant) Craigban)< Associates, Name W. Duncan MacMillan, Partner Phone (home) Phone (wor)c) 475-7510 Address: Deot. 28, P.o. 3ox 9 300 , City: 1-La- -Zip:2lii£. Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Single Family Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost 200,000.00 Describe request in detail: S«-:uash court ar.g garage .iddition existing accessorv tennis court building VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other BARDSHIP DGScr'xli^s undu© hsirdship or practicaX difficulty zrssultin*^ from striCw enforcement of zoning regulations; Strict enforcement will orgverLL reasonable use of Dro^e tbe own r> ••O i g t i n " structure I o c :i t: i o p. uni-Tue ir..: -inusual DrooertDESCRIPTION OF UNDSOAL PROPERTY CONDITIONS Describe unusual property conditions pfevenfing compliance with Zoning Code p^qiiirements; Exist in-: approved accessop- bui Idina IS aireaqy- - - larger than allowed under the accessory builiinj coae.- - - - - - - - - - - require subhittals 1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-6C3 Gcvt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%''xll for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8*!”xll"). Sketches or plans of floor & elevation views (provide 1 copy 8% As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 2. 3. 4. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete —if—the— ha g 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 (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date Februarv 22, 1991 0—lEO SIGNATURE / / . ..k The owner hereby ackowledd“S and agrees to this application and further nuthorizes reasonable entry onto the property by City staff, consultants, egents. Commission members, and Council members for purposes of investiga ­ tion and verification of this request. Owner's Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ Date _ _ __ _ _ _ _ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held ^ ^ * third Monday of each month. Applicants must be present at all scheduled Metinge of the Planning Commission and Council. If an applican i im^hle to attend a scheduled meeting, please make arrangements to ave an authorized agent attend in your place ar to advise the Building & -oning Office of this change prior to the meeting. • •t % *^1 #1 MM MTI M/tt/n MTCN MI HEWCPIN COUNTY PROKRTV INTOWUTIQN SYSTEM PROPERTY (RWERS LIST OMCi NMC , TMMAVM NMC/AMM SR 0S-U7-tS R1 OOOS 017M rON ST CRAIMAMI ASSOCIATES CRAIOSAIK ASSOCIATES M SON 9100 DEPT 2D HKS m SS940 TAMPAVIR NAIC/AOOR M OS-U7’2S 92 0009 OISM FON ST CNAIH.ES N MARVIN CHARLES N MARVIN 1S20 FOK STREET NAVZATA Ml SSS91 IR NAME TANPATtR M D1-II7-2S 94 0001 01AM FOR ST SALLY S MANSER SALLY • MANSER lAM FOK ST NAVZATA Ml SSS91 ' t 38 02 117 23 32 0006 1560 FOX ST UHITUEY MACMILLIAN WHITNEY MACMILLIAN 1560 FOX ST WAYZATA MN 53391 f I *. '■ i- U: ♦f 38 05-117-23 92 0002 01080 FOX ST Ml L HALORON ETAL HILLIAH L HALORON 1680 FOX ST HAYZATA Ml 5SJ91 36 03-117-23 92 0012 00990 6R0MI RO S J 6 I L F MASSOPUST JOHN 6 A LINDA F MASSOPUST 990 6R0MI RO S HAYZATA MN 55391 38 03-117-23 99 0002 01795 FOX ST SUAO H AZHARI SUAO H AZHARI 1795 FOX ST HAYZATA MN SS391 38 03 :'7 2j A1 0004 1620 FOX ST CAROILL MAC MILLAN CARGILL MAC MILLAN DEPT 28 BOX 9300 MPLS MN 55440 REPORT NO. P1935901 PAGE 1 38 03-117-23 92 0007 01S90 FOX ST HILLIAH L HALORON ETAL HILLIAH L HALORON 1880 FOX ST HAYZATA FN 55391 38 03-117-23 93 0001 00038 AOORESS UNASSIGNEO SUAO H AZHARI SUAO H AZHARI 1795 FOX ST HAYZATA Ml 55391 TOTAL BATCH 001 00008 38 031172341 0005 CARGILL MCMILLAN JR ET AL LON(.RII k :E ASSOC C/0 DEB1LI.be dept L’K PO BOX 9300 MPLS MN 55440 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HCMCPIN COUNTY DEPARTNENT^OF PROPERTY TAXATION. TO THE DEST OF HY KNONLEDGE AND BELIEF DATE '^kmu IL_ § 10.03 ii.'": If the property is .nhr^ivided the oversi-e access-/ structure and principal L%!:-s%.rv building. .lii./ In subdivision approval, the setback required for the overs-ire accessory structure as defined herein shall remain. such covenant shall be binding on current and owners and shall be filed in the chain ot titie of the ptoperty. Source; Ordinance 72, 2nd Series Adopted; 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the frincipal building on that^ lot on l°«jhich «c«s«rbairdings*locat*ed w"ithl.t thi" street or rear ya^ds <>f such access y . iwann-i rf»ments of Section 10.23,accessory buildings iocatea wirni.* ai.j.ct=v- w* ..w - in wVVre sublect to the setback requirements of Section 10.23, 10 2J SubdiviUo'n 6 (B) except' that detac.hed garages may be located ?0 feet vyim the street or rear lot li"a«han £a« bi'or".h?l-l ‘n\”Vp;ry^ tV!aJ«h:^rio?s^di:i^:^ b? r-al^ay-s^rr cornsr lots. Source: Ordinance 26, 2nd Series Adccted; 7-14-86 ' 1, Location of Principal Building tj feet ^ 3^ shall be determined as the mean E5?SJ5Stil distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Lakeshore Setback. Any eBBllcation for a variance from the requirements of Item 1 ^^^ove •hall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source; Ordinance No. 155 Effective Date: 2-14-74 lOMO CC 255-2 (4-1-84) / J A w • 2. Cveroirea regulated by the fcilowing table: AccessorV structur >s are Lot Area Maxi.-num Individual Accessory Structure Foottrint Area Maximum Allowed Total of Ail Accessory Structure Footprint Areas* on a Procertv 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre 3.51- 4.00 acre 4.01- 4.50 acre 4.51- 5.00 acre 5.01- 6.00 acre 6.01- 7.00 acre 7.01- 8.00 acre 0 nn 9.01 acre or more S ^ e ^a • ^ S . f S . f s. f 1,000 1,200 1.400 1,600 : ,800 2.000 s.f 2,200 s.f 2.400 s.f 2,600 s.f __2^.900 _s . f 3.000 s“f s. f e3 . S . f s. f s. 2,000 2.400 2,300 3.200 3.600 4,000 s.f 4.400 s.f 4,800 5.200 5.600 s. f s. f s. f^ 6,000 s.f. * Excluding non —roofud tennis courts, pools, paddocks, art. .as 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area fprincipal structure 8Qtbac]cs must be met). FuiL.ier, no such structure snail be nearer the front lot line than the front line of the principax residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. ' b) "he maximum height for such accessory structure shall be 30* or th* defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with ti.e City as follows: i. J4o future subdivision will be approved that places the stmcrcT^ v/ithin a lot that has no principal structure, except that the City in its subdivision approval nay grant a finite time period in which the oversized accessory structure may remain without a principal structure, in that a principal structure may be constructed. At the end of this tine period the oversized accessory structure must be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-89) j:. V**5 1C.03w.a T rno lot. Except in t.te case of p;.n„ea L-'r-or-elccec"? ?S” «rf£°My\"su;-a permit -o use i iHuerjor'. period o£ 3 oonrhs, sny.exrensions oust be approved by the City and shall expire upon issuance of a certi.-^a-. o. occupancy for the ne*. structure and such structure rer.cvec. Source: Ordinance 26, 2nd Series Adopted; 7-14-86 Subd. 8. Lota to Face Streets. Each lot shall face on a public street^_ox-;4^ropriate private easement. Subd. 9. A^esscry Buildings. A nme of Construction. N’o accessory building or structure shall be constructed on any lot prior to the time o construction of the principal building to which it is accessor/. B. Height Restrictions. No accessory b'.’ildi.ng -n the -R- District shall exceed t.he height of t.he pri.ncipai building, nor shall an accessory building exceed 30 .eet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area Restrictions. In all "R" Districts no accessory building shall e.xceed 1,000 square feet of footprint are^ except that accessory structures in excess of .,000 square will be allowed under the following conditions: 1. Not acre than one Oversized Accessory Structure (OAS) shall be • Tmitted on any property. An "Oversized Accessory Structure" is affined as an accessory structure o print: are. l.i excess of 1,000 square «««'• = followinq non-roofed accessory ^l^;.V/u^.^‘^“»V.r^”s»&f^=r^!oVht^V.cia^‘ setback resrricbion. of Sect.ion 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non- encroechsient-type patios) is greater than .,000 s,.. - Paddocks or arenas OKOMO CC 255 (4-1-84) r- ! , 1 f • 7 i t fc . i'r • \ I : k ti . t I 0 ^-0- 0^. A 1 1 -. - ♦ ■ 'm-if I • I I S>*| B,** - 'WCWPO I .. I t • ,pa>fr sua^rngH k^' /f I • -JT ^ •V » / \ \ >V -I ' I • * \ \ \ \ • *# ;s * j•-M *» € •7, >• <> >* I.U ' V V t A V > ''’»vs \ sV r'1' \ \ V ' ^ •uI ' i ‘\, ,<>'S -\ \/ ■v« _ - 'Ci, y C:; ^ '■r -_m:- i # ^ A > • T \ \ ___. \ %<* ,4^ ' ^ ■s • « « ' • « 'a* « , V ,A ar 1 ^ . .^11 ^'-f'' I; I I \ •3L } ;) *A > ' . •* ^ 1 • A -^i-.' V:, li# ' BB&ssnr.. “ mIP\ % \ t Ji^:v \ I \ r .« • <11, ' [e/nsnti^ ^ V r „ • r. © © rv /Is ^o/);'’f'*''<t^ I /"-'LO' k 6.*^at violation of this Covenant shall void Resolution No. 2204 in its entirety incluiing all the rights conferred upon CraigbanK therein. 7.This Declaration shall be filed in the Office of the County Recorder. Hennepin County R.This Declaration may be anendeJ only in writing duly executed by the parties hereto or their heirs, successors and assigns. 9.This Declaration shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns. CRAIGBA.NK ASSOCIATES ... 0 A General Partner CITY OP OROMO A. _ This Xnstruaent Was Drafted By; PDphea* Haik* Schnobrich I. Kaufman Ltd. 3300 Piper Jeffrey Tower 232 South Winch Street Ninneepolie. Minnesota 55402 Its city Cl 1 m - J A=^' r>F.C’.Af>-ATI'Vr f>f-' .'•*OVFNA*;VS •niis Heclacatioa of Cov.-n.ini s i*? -ni !»? -ir. 1 <?ntpre.1 into this 13th 'lay of July l?R7 by and between Craiqbamt Associates, a Minnesota General I'artnerahip (‘’Ctaiqbank”) and the City of Orono, a Minnesota menirripacorporation ("City"). WHEREAS, CraiqbanV ie the owner of a certain tract of land located in the City of Orono, County of Hennepin, State of Minnesota, legally described in the attac.ied Fxhibit A ("Property"), which is made a part of this document; and WHEREAS, Craigbank has na !e application to the City for -i variance and conditional use permit to build un enclosed sports recreational accessory buildinq ("Sports Center"); and WHEREAS, the City Council granted the application on June 22, 19H7 subject to Craigbank nootim certain conditions set forth in Resolution Mo. 2204. Mow, THEREFORE, in consileracion of the approval granted to Craigbank as set forth in Hcsolution 'lo. !)204, Craigbank does covenant with the City as followest 1. 2. 3. 4. 5. That the Sports Center shall never be used for commercial purposes but shall be used solely by the property owners for their private use and for the use of the property owners, their families and non-paying guests. That if the Prooerty is ever subdivide 1, the principal residential structure currently existing on the property and "Sports Center shall remain on a parcel of pronerty that maintains at least 13.5 acres in area and maintainn at least a ISO foot setback between the Snorts Center and all newly created property lines. That the Sports Center shall never be sold separately from the main residential structure currently existing on the Property. That access tc the Sports Center shall be solely from the private driveway on the Property as set forth in Exhibit B-l of Resolution Mo. y?.04. That the Sports Center structure shall be adequately screened as describe*! in Exhibits B-l through h-4, inclusive, of Resolution Mo. 2204 from the public roadway and from the neighboring residences so as not to appear as a commercial structure. « rKSLii sMJlAlitlkiAAJiLjLiAAji. i1 r 4i^rlusai 'jkt KM; •;■: i mm ^4< tv*- r»* icc\iOr\ L j? tCill.^ t> ^qi:n t tOit. EXHIBIT B-4 RESOLUTION NO. 2204 rr9PVA;«.«yr / • 4 #*r* • •• •• /J ■” »■< tXIIIOlT B>3 RESOLUTION NO. ^204 1 . ; * I ' I 0 0 !) 0 t 1- —I .J._ Uhl C • i Cy t, i lv^c; t- -—r FI • 3u •yi *C .5 ?. 11 a.**s e *i 5 1 nazpi! \ j A - Si (J ^n ^ C’h u #< St 1 •SO a o - '. ^ C 9 • •£ ^7 !>•X /• ^ Cr- • V *i* _ :i IE30 "»IS V; -- mmm >*• __1^' -« ri.^ = EXHIBIT B'2 resolution NO. 2204 OTYaai '> w- V rv-' (/ • ' ; v^t.r>;xTt <•" »* 0 ' i ■■■IN'' 'I- y ; IN»i• r" Jl > A • •r.« c -2 ; Miil ^ • ^ n ^ 1# 3 £o >• s1^ = £s55| Z* I z iJi 7?.? •M •• » m» m * m- . •<«• •• « <■* 1 ■ ^ # •«« •■»• « rTV*‘->t •kt/rv V' ^^ * ■ • i—‘,' y'^-i 1 \-^'»»' \’.XJ>5r% 'Jlj»/- ■>'/Xj-Vkx , • oKiftt' \ i Y X'-. ---------------^_X. -I I_i?X. J.._.fe_L-I.:i:teLJ ,_'rf. 'I 1 •'V S Bite IPIm I * m ^ s. EXHIBIT B-1 RESOLUTION NO. 2204 I ■-W *.... - *. s.»* «« »City of 0H-0I\0RESOLUTION OF "vf CITY COUNCIL 4. * Adopted by the Orono City Cour.ci 1 on this ^2nd June_ _ _ _ _ _, 19 87 . day of Dotothy M^np^llin, City clerk >> VA)N uwn \hj^AV ^ • James R. Grdb<Hr» Mayor PreportyiOwner(s)1 ‘ Page 6 of 7 City of ORO.NO PESOLUTION OP Ti\. CITY COUNCU. 0 H h) The sports center structure shall never be used fcr ■'coirmercial purposes but shall be used only by the property owners for v*t€ir private use» and for the use of their familxeSr and non-paying guests. B) The sports center structure shall be adequately screened frow the public r-idway and from the neighboring residences so as not to appear as a commercial-typt structure. C) Access to the sports center structure shall never be directly via the public roadway but shall access from the private driveway. D) The sports center shall never be sold separately from the main residential structure on the property. E) If the property is subdivided, the principal residential structure and the sports center facility sball remain on a parcel of property that p.iintains at least 13.5 acres in area and maintains at least a 150* setback between the sports center and all newly created property lines, and maintains appropriate screening of the sports center. Tho caretaker residence shall be for the solo use of the owners or jupants of the principal residence and their domestic employees or 4tv>n-paying guests. The caretaker residence shall not become a separately rented dwelling unit. 4. During construction of the private driveway, caretaker residence and sports center, all construction traffic that exceeds 9 tons per axle shall access Fox Street vie South Brown Road and not from Soutn Orono Orchard ^osd. This weight limit shall remain in effect until such time that s Certificite of Occupancy is issued for the sports center structure, except during periods of even more stringent, seesonel roed restrictions. 5. Authorities granted by this resolution run with the property not with the epplica'^t, but arc permissive only and must be exercised by application for building permit within one year of the date of Council approval, the special conditions of this resolution will expire on that f (June 22, 198B). 6. Violation of or non-compliance with any of the terms an"* condi­ tions of this resolution shell constitute a iolatien of the son'.ng code, ehell eutosietieal ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to tbe terns of this resolutlor. and on behalf of himself, hie heirs, sueeeeeors end eeeigne, »»ercBy agre-s to the recording of thia resolution in the chain of title of tn.* , roperty, and hereby ^vrees to ^he rooording of tho covenant (refersoeed in Condition », abovei in tho chain of title. Citv of OROiVO RESOLUTION OF THE CITY COUNCIL • .2204 ' — ••• •« CONCLDSIONS. ORDER AND COMOITIOHS Based upon one or pore of the above findings, the Orono City Council hereby grants the following variances: ♦•o Section 10.03, Subdivision 9 (C) to allow a detached sports center recreational accessoryA. A variance SSJ!arnVoS°"l6r87l r;or»rV.- .nr, Vet,=hea c,r.t.K.r residence of 2,810 s.f. in total area, which accessory structures normally required to not exceed 1,000 s.f. in area; c^nt*./trrrc?u^V located*^ne«er the front lot line than the principal buildi .r on the property; 30’; and hereby grants a conditional use permit per Section Subdivision 3 (C) to permit the guest house use of the proposed caretaker residence structure, subject to the following conditions; 1. This approval is for construction of the structures and driveway as shewn on attached exhibits as follows: Exhibit B~lt Exhibit B-2x Exh^'dit B-3: Exhibit B-4: Site Plan Sports Center Caretaker Residence Screening of either proposed structure, or which result in a reduction in the degree of screening proposed, shall be required to be approved by the City Council. 2. This resolution shall not become effective and shall not be filed in the chain of title of the propexty until the City Attorney has reviewed and approved a covenant to be agr^d to by the owner. The purpose of such covenant is to nsure to the City the followingI Page 4 of 7 ■F^ City of OROINO RESOLUTION OF THE CITY COUNCIL 2204 D) The Orono ordinance governing set structures from the "front yard* is geared to the "orwax oositionino of a house to the street, i.e. the house norma-ly faces the street and is located a very short distance from the street. The ordinance is intended to help preserve the character of the nci9hborhood os to not allow accessory structures earaqcs, sheds, etc. in the -front yard- which <=•" have a detrimental visual impact to Che neighborhood. **'®' oUoertv is ooproximately 13.5 acres with the residence overlooking a sn^all pond. The residence has its Street (a full 400 feet from the street), and is Pftir street. Clearly, this situation does not fall within the original and normal intent of the ordinance and definition of ^f?oht K -ho caretaher house and the tennis structure ^ be set back 125 and 150 feet, respectively, There would be no detrimental visual impact on the neighborho^ bv allowing a variance from the "front yard ordinance. Lan scaping which would shield the structure from Fox Street has been incorporated into the design. altered ■••^lowing the variance-. 7. The proposeo caretaker residence meets all performance standards of Section 10.20, Subdivision 3 (G). B The City Council has considered this application including the findings and recommendations of the Planning City staff, comments by the applicant and the effect ^J® pifopose variances on the health, safety and welfare of the community. in this s^ing district; that granting the variance., would not property right of the applicant; and would be in with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. SSwr ?o neighberrng properties, nor will it d®P"®/t>V thV'Vro'^er?? property values and that the proponed i®vel of '*•* ® . ^-Jino^Code will be in Jeeping with the intent and objectives of the Zoning Code and ComprehensiVO Plan of the City. Page 3 of 7 Ir-- i'i' :V p- 'V r if i ftf. ■■ City of OROrVO RESOLUTION OF THE CITY COUNCIL »./N 2204 •• ( .1. The property contains approx i rn t e 1 y 13.5 dry buildablc acres in area. were heard from all int created lar^zcs. 5. The Orono City Council rovicwct; and.'"kk ............. approval. 6. The hartlships andjijMs of . ^ ^ ^ A ot*thercQU6St©dVciriJircc5 0s^- ------- - - libmitted^to the City on ^^^y 5, 1?’7, arc as follows: S .r/s; Additional ly, tJ^buildinV?^ the present &ipi:rnrsnTJa^/rT^7e^^'?^ applicants. B) The main residential structure is French provincial in tennis structure in such a wa/ as -o traKe ^ ^ Mor# Boaeible To relocate the structure may cause it ?il*ble from Fox Street then it will be in its proposed location. ISproxiVaVLlyVo''xl20* for I total of 7,200 square feet. It is t£?«IiSlcto^ enclose a tennis court (a permitted use) and have 4 l«as than 10-12i000 square feet after takinq into «nsiS”stiorp.r“m«cr ores noeded .round the court, ch.n,in, areas and storage. raqe 2 of 7 ✓*(.TCity of ORONO RESOLUTION OF THE CITV COUNCIL NO. _ ______ A MHH01.UTIUN aNAHTINQ A yAftlAHPI? TO MuMiCit«Al. itUMlNd ifitnit witwniVi«»**w • <*•! AND 8NCTION 10*38, WmOlVXpION - — ANO (UUMViNa A eUNBlfteWL IWI »8MiV wm NNGTION lO.aOf NUIMIIVINION J <D> PILB 911X9 » 4 HI) S (h), MMwasAa rrilrthnnk A«IIOPln<!^« «nd W. Oxincrtn (h»reln«tt.r -th. appUcanf) Is th« '.'I*,‘’"‘’"JLFox Strott within t\u> City of Orono (her-jinafter City J ana loquiir doseribod «• followai exhibit A, attached (hereinafter "the property"); and WBI1IIA8* the applicant hao made application to tho City of Orono to pormlt tho construction of certain structures as follow*: A. CarttAkor residence (detached) of total floor area 2f8l0 a.f. ioeatod botwoen the defined front lot line and the principal bulldinj on tho preportVr requiring a ’ ariance to Section 10.03* Subdlvlalon 9 1C) which allows a maximum floor area of etructuree; and a variance to Section 10.03* Subdivision 9 ipt Jwiree that no accessory structure be located nearer lot lino than the principal building on tho property; ygp ptvilit for a gueat houio use iii roguirad in Boetion 10*20» Subdiviaion 3 (C). B. Sporta center recreational accessory building bulSdinq h.iqht of 33 foot ond * pook hoioht of 40 s**k...etloii 10.01, *obdlvl.lot. • lei oBleJ prinoipol building on the property; and a varianceSubdivKion S (A) which requlreo that no atructure or building aha11 exceed 3% atoriea or 30 feet In height. Ninnaaotai , TinBPO«8» 18 IT 8810I.V80 by the City Council of Orono, PX8DXH68 ! 1. Thia applleetion wae reviewed as Zoning File #1119. __ Ylio property le located in the RR-IB single family Rural ioBidOBtial toning Oietrict. Page 1 of 7 I! • I I I I i * t ppr . I k f'i r-t'-" r l^5^ ■= &s #v % tv -/ia>jx«g^ A:^8werir£z3Uiq: ~n I \fg^wttA 4 'll p iSefeiiv^:..-'«*?<*!/* ivi=;Si;'/r:vvv- ’ I • 1 *••«• »%• •■ . /2 2 • ^ ^ ^ f 2r.7'" ‘ ^ ^/ I H-' / f / V I 1 /-f-'" ' ' ’ / I / / / / / N. ‘ ■ I •:/ J /' ! / ' '^' ' ' ' . j.H’,fc ^ /'•. V© ifei... ■w r.T*-* r i:- /• 9 32691.1TO: FBOM: DATS: Mayor and City Council Mark E. Bernhardson, City Administrato March 26, 1991 SUBJECT: Planning Commission Appointments Attachment: A. Planning Commission Interviews Memo Dated 3/18/91 IP^UE - 1. Inter • 1991 Cou ^ndidates who were unable to attend the March 25, 2ting. 2. Select tw« odividuals for the three year terms, which ended March 31, 1991. 3. Oeternine any conceptual direction regarding future role cf the Planning Commission. INTRODUCTION - At the Council's March 25, 1991 Council meeting they interviewed 3 of the 7 individuals interested in the position. At the meeting Council tabled further consideration to April 8th at which time at least Mr. Howard Mc^!i]lan III and Ed Cohen could be available for an interview. ALTERNATIVES 1. Select 2 individuals for the three year Planning Commission seats beginning 1 April 1991. 2. Table for further dicussion. 3. Give concept al direction regarding the role of the Planning Commission. 4. Table role discussion for the April Commission "Breakfast" at the Art Center. 20 Council/Planning RECOMMENDATION - It is recommended once the Council has had an opportunity to interview the others that they select 2 individuals I'or the three year term and in addition give staff general direction as to what changes and roles they would desire for the Planning Commission. It maybe appropraite that further discussion of Planning Commission roles be continued at the April 20th Council/Planning Commission breakfast at which Council could get further input from the Planning Commission. Given that the Planning Commission did not have a full group at their ?/18 meeting they would like additional opportunity *■ • discuss a,s a group what they would feel their role current! ) be together with any changes that they feel appropriate. PROPOSED MOTION - Moved by _, seconded by _, City Council appoint_ _and_ _to the three year term of Planning Commission effective 1 April 1991 and after giving any general directio- regarding the role of the Planning Commission table furthf* discussion until the April 20th Counci 1/Planning Commissi breakfast. Ayes _, Nays r.‘ lir> o o CITY of ORONO \ ■'•■- ■V MufiKipai Offlces Post Box (jA Cnsial Bax. MinneMita 55323 rnis sa:-:e letter mailed to : April 1, 1991 Howard I. McMillar. Ill David Pahr. Janice 3erc Edward Cohen 519 North Ferndale Road wayzata, MN 55391 Dear Mr. Cohen, The City Council has scheduled the April 8, 1991 meeting to meet with Planning Commission applicants who were unable to attend the March 25th meeting. Applicants will be sent a copy of the Council agenda prior to the meeting. Interviews with applicants to be at approximately 8:00 P.M. Please contact Jeanne Mabusth at the City offices {473- 7357) if you wish to withdraw your name from the list of applicants seeking appointment to the Planning Commission. Jincerely , Jeanne A. Mabusth Building i Zoning Administrator cc: Mayor and City Council Mark E. Bernhardson, City Administrator HXETNONE • 473.73ST • FAX -tTMStO TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato V V] March 18, 1991 SDBJBCT: Planning Commission Interviews Attachment:A. Planning Commission Interview Memo Dated 3/6/91 B. Letter to Applicants C. Strategic Development Issue Section - Council/ Planning Commission D. Ordinance No. 2.51 E. Survey of Cities (Received to Date) ISSUE 1* Interview applicants for Planning Commission position. Ed Cohen James Hanson Howard I. McMillan III Charles L. Schroeder Peter H. Rennebohm David W. Rahn Janice Berg 2. Determine who Council desires to appoint as individuals for three year term. 3. Present information regarding the current role of Planning Commission. INTRODUCTION - At the Council’s March 11, 1991 Council meeting, they outlined the process for determining persons for appointment to two three year terms on the Planning Commission. DISCUSSION - Issues #1 and #2 - In addition to the individuals who have replied in response to ad as outlined in Attachment A, Mr. Cohen and Mr. Hanson also have indicated their continued interest in the Planning Commission. Mr McMillan has had a 6 month commitment to be out of town on 3/25. He would be available for the 4/8 meeting. As you may recall Attachment B outlines the desired "constituencies" for potential representation on the Planning Commission. Current Planning Commission members are as follows: Charles Kelley - Rural Maureen Bellows - At Large Sara Moos - Rural Jim Hanson ~ At Large Edward Cohen - At Large Jeffrey Johnson - Urban Candace Rowlette - Rural k I Planning Coiranission Interviews March 18, 1991 Page 2 of 2 Of the applicants for this year’s term they represent as follows: Howard I. McMillan III, 1275 Lyman Avenue - Rural Charles L. Schroeder, 1925 West Farm Road - Rural Peter H. Rennebohm, 4565 Bayside Road - Rural David W. Rahn, 1134 Wildhurst Trail - Urban Lakeshore Janice Berg, 2655 Lydiard Avenue - Urban Lakeshore Attachment B was sent to all interested applicants as a basis for their interviews. Issue #3 - Role of Planning Commission - Attachment C outlines the various options for use of the Planning Commission as an advisory body with Attachment D defining their current role. As you will note in Attachment B applicants have been asked to address their thoughts on the matter. Jeanne Mabusth has also requested the Planning Commission members address both their role as currently conceived plus any revised role they feel appropriate. These will be presented to Council on 3/25/91. Additionally at Mayor Peterson’s request, staff is solicitating Planning COTmission roles and responsibility descriptions from 12 other cities representing a cross section of the Metro area. Should Council desire a revised structure it may have an influence on the appointments process. ALTERNATIVES 1. Interview the applicants. 2. Select appointees to the Planning Commission. 3. Table for further discussion. RECOMMENDATION - It is recommended that after Council interviews the applicants they table appointment until the April 8, 1991 Council meeting. PROPOSED MOTION - Moved by _, seconded by _, that the Council after having interviewed the applicants table further consideration until the April 8, 1991 Council meeting. Ayes __, Nays :-r i- t t >'■ ' 3691.1 TO: FROM: OKIBi Mayor and City Council Mark E. Bernhardson, City Administratc^^•!*|^ March 6r 1991 SUBJECT: Planning Commission Applicants Attachment:A. Advisory Board - Expiration of Terms Dated 12/7/90 B. Guidelines for Selection Dated 7/23/90 C. Letters of Application D. Draft Letter to Applicants ISSUE - 1. Present to Council letters of application received in response to ad placed in the paper on February 18, 1991. 2* Determine process for consideration INTRODUCTION - Attachment A outlined upcoming vacancies for Planning Commission. Attachments C are in response to that ad. DISCUSSION - As outlined in Attachment 3 it would be appropriate to interview the new applicants plus any the Council would like to interview of existing members whose terms are up and are desiring to continue. It is anticipated that interviews would be held at the 3/25 meeting with a discussion either that evening or on 4/8. Mr. McMillan has advised that he will be unable to attend the Council meeting of 3/25. If Council agrees, we will reschedule bis appearance before the Council at your 4/8 meeting. This would be in time for the 4/15 meeting of the Planning Commission. ALTERNATIVES 1. Accept applicants 2. Table to interview. I'} Jr I I 1 \ , >> o ‘ ^ ) 3. Send letter outlining questions. 4. Take no action. RECOMMENDATION - It is recommended that Council accept the new applications l^r interview on 3/25 and direct a letter be sent outlining issues to be addressed by applicants. PROPOSED MOTION - Moved by seconded by that Council interview the new applications on 3/25 and direct a letter be sent outlining issues to be addressed by applicants. Ayes-, Nays ee: Charles Kelley , ^ ^ ^Jeanne A. Mabusth, Building s Zoning Administrator TOs FBOM: Mayor arid City Council .. / Mark E. Bernhardson, City Administ DJkTBs December It 1990 SUBJECT: Advisory Board - Expiration of Terms The following terms expire in the first 3 months of 1991: Park Comaisaion Richard Flint (Chair) Lee Erger James Gilbert Susan Wilson 12/31/90 12/31/90 12/31/90 12/31/90 All but Mr. Erger have expressed interest in continuing as Park Commission members. Planning Commission James Hanson At Large Ed Cohen At Large 03/31/91 03/31/<»l Staff will advertise for the Park positions in the next couple weeks. For the Planning Commission it will be done early in February. Others expiring the end of 1991: Park Commission Alex Vongries Philip Bradley Lester Kelley 12/31/91 12/31/91 12/31/91 LMCD JoEllen Burr 12/31/91 nest Bennepin Human Services LaOear McWilliams 12/31/91 I - ^ r ‘v . - CIT^ OF ORONO ADVISORY BOARD SEL2CTI0N PR0C2SS GOIDELIHES to staff adopted 7/23/90 I: ^ #rti7iiwina reoresents an outline of a flexible appointnjents process that\he Council has adopted ipplicants during the selection for vacancies o£ its various 8oar-s. i 1 When a vacancy occurs or when a term is to expire =^i7/Vn7"vicV=-irr.-- - solicitation of people. 3. Applications should be in the rorm of a letter expressing interest and a resume of experience, particularly experience that may be relevant to tne position from individuals who are new to the process. Letters of intent will be requested from incumbents. 4. Council may hold interviews at and may extend the interview period i*. it desires to a subsequent meeting unless a different Pj^ff®ss is indicated prior to such interviews. Failure c* inability to attend an interview will not -esult in automatic disqualification. 5 Following the interviews Council will then decide wkat appoinLents t.hey desire to make to the various vacancies. • ft - .j TO: The Members of the Orono City Council W4ff 5 1891 Dear Council Members: There are many reasons why I am keenly interested in joining the City of Orono Planning Commission. Whether it is taxes, schools. Highway 12, Lakeshore/UfCD, sewer plant annexation or development, I find these issues matter a lot to me emd my family. Often, I catch myself reacting critically to the information I read in the local papers yet wishing to know more of the facts and complexities of each evolving decision. Mot surprisingly, such knowledge comes only through active participation—one must become involved in local government to earn the right to be a constructive and critical voice of the process. Many of the decisions that will impact Orono's future quality of life will be made in the next several years. Thus, I wish to embrace civic responsibility and become involved. While I cannot offer any prior public office experience to the Orono City Council, what I will do is bring compassion and pragmatic concern for the issues that confront the lifestyle we all share. I will learn the details and forthrightly contribute towards finding the proper solutions. My goal is to be a consensus builder, net a maverick. :i >; y . f ctm aforementioned issues hit close to our .*)ome here in the Orchard Highlands on Lyman Avenue. By participating in and understanding the decision making process, I will necessarily be more accepting of the choices made, without any doubt, I hope to err on the side of fiscal prudence and gradual, well-reasoned development, with a strong bias towards protecting the rural traditions of this community. On the personal side, my biography is a quick read. I grew up on Shavers Lake in Deephaven and at age thirteen, moved with my family into a home on Wayzata Bay. I graduated from Blake School in 1976, and earned a degree in Ancient History from Brown University in 1981. Shortly thereafter, I began my professional career with Cargill. Having spent my undergraduate years in New England, I would spend the next six years merchandising grain in Iowa, Ohio and Missouri. My addresses ranged from rural towns to larger cities. The exposures to different communities were great experiences, yet too short to put down roots in a meaningful way. t> In 1987, Lili and I made several major decisions that centered around finding a more permanent lifestyle for our fledgling family. The quality of life we sought was in a community which valued its schools, wildlife and recreation: where privacy, hard work and individualism were respected by friends and neighbors aliJce. After one year o*. searching we found that place in Orono, whose fiscal policies and credit-worthiness rank among the top three percent nationwide. With its history of well-considered growth and development Orono was clearly more attractive to us that its surrounding communities. Mow it is three years later, and more than ever we believe that Orono is a particularly unique place to live. I certainly want to go on record as a concerned and active resident. It would be both an honor and a very real commitment to serve this special community. In advance, I thank you for your consideration. Sincerely, Howard X. McMillan III y/iMlLCiy 9/ HOWARD I. MCMILLAN III 1275 Lynan Avenue Wayzata, Minnesota 55391 612-476-8626 (H) 612-371-7713 (O) PROFESSIONAL EXPERIENCE: 1988 - PRESENT; 1986 - 1987 1984 - 1986 DAIN BOSWORTH, INCORPORATED INSTITUTIONAL SALES - Minneapolis, Minnesota Fully registered securities broker specializing in high quality fixed income products: corporate, municipal, government and mortgage- backed bonds. Customers include banks, insurance companies, trust departments and money managers located in Ohio, Illinois, Iowa and Minnesota. Series 7, 63 and 3 licensed. CARGILL, INCORPORATED REGIONAL MERCHANT - Kansas City, Missouri Achieved budgeted profit of $1.7 million merchandising oilseeds in adverse market conditions. Directed profitable cash trading positions in three distinct markets: Kansas City terminal; Mexican rail export; Texas gulf export. Developed soybean program at Topeka facility earning above average margins of 16 cents per bushel. Responsibilities included: regional oilseed P&L; government commodity programs (domestic); supply and demand analysis; freight logistics; space allocation and put-through budgeting; managing information flow; contract compliance; merchant development. assistant REGIONAL MERCHANT - Toledo, Ohio Dual responsibilities: traded high-capacity unit trains of corn, wheat, soybeans; coordi­ nated their movement from country elevator origins through three Atlantic seaboard export facilities. Logistically managed a fleet of 1800 leased hopper cars with a cumulative trading volume exceeding 120 million bushels. Successively reduced demiirrage losses by 50% per year; ex­ ecuted vessel sales to overseas buyers; negoti­ ated contract rates with railroad cor^anies; tripled the region's direct purchase ✓olume. 1981 - 1984: EDUCATION: BACKGROUND: *■I BRANCH OFFICE MERCHANT - MANAGEMENT TRAINEE Trained throughout network of U.S. offices ani grain handling facilities. Experienced in domestic grain trading; delivery market funda­ mentals; futures trading; hedging; producer origination; government agricultural policies and programs; grain quality, storage and hand­ ling. Completed management seminars in decision analysis and marketing skills. BROWN UNIVERSITY - Providence, Rhode Island A.B. with Honors in Classics. June, 1981. Thesis: "The Pantheon: The Culmination of a Tradition of Revolutionary Architecture". BORN: 3 March 1958. Minneapolis, Minnesota. Married, two children. Graduated: Blake School 1976. Treasurer: Brown Club of Minnesota. Interests: contemporary history; golf; squash; skiing; ice hockey. I,., Si. * / 1 March, 1991 MAR .4 isat Orono Council Post Office Box 66 Crystal Bay, Minnesota 55223 Dear Council Members: I am writing to submit my name for consideration for a position on the Orono Planning Commission. My goal in joining the Commission is to work with the other members to act in the best interests of Orono and its future development, as expressed by the Comprehens i ve Plan. Orono currently faces a number of development challenges and it is my strong desire to be actively involved in resolving these issues. I am ready to commit my time and efforts on behalf of the community with the Commission. My wife and I decided to relocate our family back to Minnesota (I was born and raised in Marshall) two years ago, moving here from London, England. We chose Orono deliberately and carefully for its unique, rural characteristics. I am committed to working to preserve those qualities. From Salomon Brothers in London, I joined the Churchill Com­ panies, a Minneapolis investment group, where I serve as a senior executive in our subordinated debt fund, Churchill Capital. The fund makes subordinated debt capital available nationwide to manufacturing and service concerns for a variety of transactions, including recapitalizations, growth and buy-outs. Please refer to the attached resume for previous professional experience. In addition, through high school and college I worked with my father, an independent contractor, and have first-hand knowledge of zoning and building issues wnich are relevant to the Commission's work. :c- ■Frr rVI Ci- 1^- I f; '*-■ home at 476-6492 or at my office at 673-6623. Thank you for your cons..deration Very truly yours. Charles L. Schroeder 1925 West Farm Road Long Lake, Minnesota 55356 Enel. CLS/paf Work Exporlifieo Jan. 1987 • Praaant 1992 -1997 1991 -1992 1991 tummtr Education 1990-1992 1977-1990 CHARLES L SCHROEDEH 30 Niton Street London. England SW6 6NJ 01-381-0844 SALOMON BROTHERS INC LONDON. UK Account Exaculive/lnvestnient Advisor. Responsible for development at new accounts and delivery of investment products to UK and European Institutlonat diems. Product rang? indudes asset allocation and equity portfolio trading with emphasis on equity futures arxi options. Market coverage of Japan. UK and US. Address trade seminars on equity products and markets. Registered Representative: CFTC registered. CITIBANK, N A NEW YORK. NY Senior Account Officer, World Corporation Group - Shipping. Managed worldwide bank relationships, providing corporate finance products and services, including credit, hedging alternatives, corporate advisory and cash rnanagernem. Developed ^uritized products. Acted as Department liaison with US Govemmern maritime authorities. Accoum size ranged upward to over $1 billion in revenues. POLAROID CORPORATION CAMBRIDGE, MA Consultant. Worldwide Trade and Investment Division. Developed imernationai pricing manual which considered the effects of transfer pricing policies, foreign exchange exposure, sourcing options, and tsriff and trade laws on Polaroid operations. US DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Rnanciai Advisor. Prepared recommendations on Title XI financing requests of US shipping companies. Funding requests ranged upward to $i 20 mlllon. FLETCHER SCHOOL OF LAW AND DIPLOMACY MEDFORD, MA of Arts in Law and Diplomacy. Primary fields of study included imematlonal Finance, imamationai Trade and Investment and International Business. (Diploma received 9/87) HARVARD GRADUATE SCHOOL OF BUSINESS ADMINISTRATION CAMBRIDGE. MA Cross registration ttwough the Fletcher School. Coursework Included Investmem Management Imemadonai Business Managemem. and imemattonal Shipping. REED COLLEGE PORTLAND. OR Bachelor of Arts, Economics. flecJpiem of Aubrey Watzek Scholarship and Division commendations for academic achievement Thomas J. Watson FoHowshlp natlonai fInaliM. Honofsthesis. Enjoy cruising arxJ competitive saMIng, skiing, tennis arxl bicycling. Have trevelsd extensiveiy. Working knowledge of Spanish. July 1999 ReraKbohmcomp^arr^^ 574^ 96^^ Averxje Vcc>e GfOve. Mmnesc’C f 53cv Orono City Council Box 66 Crystal Bay, MN 55323 FE3 i ^ 2-13-91 Re: Application for Planning Commission Post ?i i. To Whom it May Concern, Please accept this letter as my formal application for consideration as a member of the City of Orono Planning Commission. As a long time resident of Orono, I feel I can bring perhaps a new perspective to the Planning Commission. Not being too certain of the level of experience you look for in such a position, I can only present myself as a concerned citizen with the following qualifications: -- Small business owner of Sales firm selling construction related products to the Contractor/Indus trial/utility markets. Business address: The Rennebohm Company, 9741 86th Ave. N, Maple Grove. Currently own office/warehouse at this address. Owner of business since 1972. — Education: Breck School 1959-1962. University of Minnesota-Duluth, Graduate with a B.A. in English. Honors Study, Dean's List, Post Graduate Assoc. Married, Sharon Rennebohm, wife. Emily (age 24), Jennifer Uge 22). Both graduates of Orono High School. Emily a graduate of the University of Minnesota with a B.A. in English. Jennifer a graduate of the Minneapolis College of Art & Design. — Religious Affiliation: Trinity Lutheran Church, Long Lake. — Residence History: 135 Cygnet Place, Long Lake. Built house in 1972. County Road 90, Independence. Built house in 1975. 1520 Tanglewood Road, Long Lake. Built house in 1979. 4565 Bayside Road, Orono (current). Built house in 1990. -- Fraternal Membership: none. — Professional Organizations: North Central Electrical League, Manufacturer's Agents National Association, Plumbing Heating Cooling Club. -- Political Party: Republican. — Miscellaneous Memberships: Ducks Unlimited, Isaac Walton League, Minnesota Horticultural Society, Minnesota Nurseryman's Association. Social Membership: Vayzata Country Club, 1972-1991. Age: 47. Children: r nr>- — Recreational Activities: Tennis, Hunting, Skiing, Golf. — Avocation: Tree Farirer currently planting nursery stock for non-commercial use on 10 acres at Bayside Road address. —Physical Health: Good to Excellent. — Criminal Record: Clean except for miscellaneous traffic violations. -- Legal Judgements/ Bank notices: none. — Qualifications for Position: a successful businessman who has raised 2 children in the Orono School System, built (U) houses in 20 years in Orono, has experienced firsthand pitfalls and problems in dealing with the Planning Commission and City Council, and can bring a mature, experienced, sober perspective to the City of Orono. It would be my wish to learn firsthand rhe workings of the Planning Commission as it relates to the council, staff and most importantly, the citizens it serves. My strongest suit is as a good listener, who will weigh all points of an issue, research subject matter in depth, prior to rendering an opinion or vote on an issue. In conclusion, as will be apparent from the above-mentioned, I have had neither the time or energy in the past to volunteer for community service. Now that our children are grown up, and my business is established in its own right, I have not only the time and energy to devote, but a sincere desire to help facilitate sound, intelligent growth through the governmental system within the City of Orono I am available for interviews at your earliest convenience. Respectfully, Peter H. Rennebohm 4S65 BaysIda Road Orono, MN 35339 472-7369 s’ ¥ M February 12, 1991 Mark Barnhardson Orono Council PO Bex 6$ Crystal Bay, MN. 00 UJu. 55323 Dear Mark, Please except this latter along with my resume as intent to serve on the planning commission. I feel my experience in dealing with the public, along with my experience in the construction field would be an asset to this coiimiunity. p|«Me feel free to call me at any time if you have any questions j-^^arding my qualifications. Day phone number 933-1046 or Evening phone number 472-5795. Regards, David N. Rahn David W. Rahn 1134 WilcJhurst Trail Orono. Minnesota 55364 Phone; 472-5795 Work Experience ^ Dove Rohn Deck ft Design Orono, Minnesota May 1980 - Present ^ Design and build unique decks - screen. 3 and 4 season porches, additions and new homes. Knox Lumber Co. Hopkins Minnesota May 1989 to date Commercial Sales Coordinator ^.Provide technical advice to over 3,000 commerciol credit — - construction contractors. April 1982 • Present # - ri ^ Take-Off residential and commercial blueprints. ' " ^ Price ail materials pertaining to take-offs - trusses, micro-iam beoms, etc ^ Maintain accurate 'Job in Progress' files. ^ Respond to customer Inquiries promptly and professionally. February 1988 to May -1989 Inventory Coordinator ^ Accurately received all incoming building materials and hardware. ^ Processed paper work in a timely and accurate manner. ^ Adjusted and tracked inventory discrepancies. April 1982 to February 1988 Construction Consultant ^ Provided complete and accurate material lists for customers projects. ^ Answered all questions pertaining to these projects in a professional manner. ^ Wtote up deliveries and coordinated time with trucking end customer. ^Taught irnoxcustomer education seminars; including designing and building decks, house building, insulation/ventilation and other home improvement courses. Taught over 1.200 adults, in these seminars. Skills Organized and Efficient Excellent People Skills Expert In computer aided drafting and home design software- Trciried In Computer Aided Blueprint Take-off Systems - Texomes end Ni.xdcrf Excellent Bluest Reading Skills Excellent abilities In home building and on-site problem solving Up to dote knowledge of current building techniques and materials Education Hennepin Technical Center, Brooklyn Park, Minnesota Carpentry Course July 1978 - April 1980 Weilonka High School, Mound, Minnesota Groduated 1977 Achievements Certifled Class I BuOdlng Official <#MN-399) 't - ,1 ■. -*• ^ . diMK^ u i To: &taif uf iMtuiipaota IlSSUMER €F MSIlilSimilM■I . . HAsmSSVBD / CSicfli^TIOll AS BaitilM CFFICtM. OASS VIE flFIOnf fiVKR Ni:i399 \mmItavld IUImi IlM HlldlMrst Tra Oroiib.' RfimesoU S&X4 ■1. •/ V I :: ■■•• •• •S - , ;• tMItfItl 'tAtl .;. •' • • tipiaaiiaa ■*t( 1/24/93 ;» I IS00I06 01 &tulr of fHtIIttPBOttt CVtnSSlfMER OF A0NIN1S1MT1VI HAS^^SUED•<« *r,\ CERUFJOmai.AS A I BUILOII ! To David RaNi, Certificate Mtiiwr' IIMCIIU ittt I/Z4/90 -1399 1/24/93 V >"* h tSi.r- ■ f ! •• i ? •£T1Z ^^ ••• i !•* ‘ i-* IrK-. % i* - “ — ---------------- < : • • i vF Qoonty Area Vocaf/, JOINT INDEPENDENT SCHOOL DISTRICT #267 This certifies «bA DAVlDJf^RAUM has the competencies evaluated on the reverse side for the program \ CARPENTRY m *- V \ 7; ■/ 1.V ' ^ r.'i' .Mi'>1 N, and Is therefore entitled to receive this Recognition given this q| March .19 _80 *? • cfs ,. :;s. COURTLAND financial services, inc. Februar'.’ 23, 1990 ‘^AR 1 ISSl Orono Council p. 0. Box 66 Crystal Bay, ^fn. 55323 « D«ar Council Members: Please consider or.- name for one of the Orono Planning Coaaissicn vacancies. I believe mv background would orovide a good match with the Planning Commission, along with the experience of working within a city planning deoartment. I am very interested In land use and making sure we keep a quality of good planning within the City of Orono. I look foward to hearing from you. Sincerely, Janice Berg 1007 twelve oaks center 15500 wayzata boulevard, wayzita, mn. 55391 r612)-476-2413 fax: (6121-476-4155 -----------.... JANICE V. BERG EDUCATION; University of Minnesota University of Minnesota: Minnesota School of Business American Institute of Banking: Mortgage Bankers Association: Pro-Source Real Estate Course: Minneapolis Builders Association: Planned Unit Deveiopment (PUD) Course Real Estate Law Income Property: Construction Lending Loan Closing Houses From the Ground Up Customer Service Guide to New Construction Seminars Apartment Operating Expenses Fundamentals of New Construction Houses Inside Jc Out Marketing to Builders EXPERIENCE: 09/89 - Present 05/89 - 08/89 12/86 - 04/89 09/85 • 12/86 09/76 - 09/85 07/74 - 11/75 02/73 - 12/73 Ccurlland Financial Services. Owner, Vice President, itenl Estate Loan Officer. Origination unoerwriting pacKagmg, brokering residential, commercial, construction and land development loans. Contracted to review and rate commercial real estate loans in the RTC portfolio. Nordic Mortgage: Constructiun Lending Officer. Origination, underwriting, and packaging to broker residential construction loans. Inspecting construction progress and tracking disoursements, Wayzata Mortgage Comoanv: Residential Construction Loan Originator. Originated construction loans, did the underwriting, writing up and presented to loan committee. Previous position: Senior Income Property Processor. Assisted originator in obtaining documentation from clients, process, underwrite, package, and present loan packages to lenders for permanent and construction loans on commercial properties. Served on "Service Committee" for Wayzata Mortgage and the "Incentive and Recognition Committee" for the Bank Group, Inc. (Parent of WMC). Bruce Cameron, Real Estate Agent/Coidwell Banker: Administrative Assistant. Performed all office functions, prepared competitii^ market analysis, purchase agreements, listing agreements, searched for homes for prospective buyers, telemarketing and qualified buyers for mortgage loans. Information Publisher: Telemarketing. Daytons: Comm unity Service and volunteer work for church. Chairperson lofwiard of Education, President of Home and School Association, Librarian, President of Volimteer Origanization of Our Lady of the Lake School. Secretary and Vice President of Our Lady's Women's Council. City of Richfield Planning Department: Secretary and Administrative Assistant for Planning Department. Responsible for all department functions. Attended Planning commission meetings, prepared write ups and minutes. Involved in the establishment of HRA (Section 8, Rehab and new homes program). Hired and supervised planning oJdes/interns. Marquette Rank: Loan Consultant. Interviewed borrowers for residential home loans and monitored the file Uirougii to approval. 04/72 - 02/73 06/71 - 04/72 03/68 - 06/71 01/65 • 03/68 AFnUATIONS: NorT* ! iffl Morteaee Comoany: Loan Closer. Close'l res.jential loans (exiaitng alia new construction) for Northland's portfolio. Revie.vea the title poliev, appraisal, did truth in lending and issued closing instructions to the title company. Reviewed processor's files for accuracy. Bouteils: Designer's Assistant. Vocational Placement; Employment Counselor. IDS Mortgage. Secretary to VP of Interim Construction Loans. Responsiole tor ail department functions, gathered aocumentation for committee presentations, worked with branch offices, monitored and administrated commercial construction k>ans and draw requests for funds. Midwest Federal. fx>an Closer's Assistant. Handled all phases of loan procesMssing, approval and drawing of closing documents. Did all follow up after closing, reviewed insurance policies, final title policy and did the insuring (FHA and MGIC) and guaranteeing (VA) loans. Minrieapolis Builders Association: Membership Committee Community Action Task Force Interfaith Outreach - PR Committee North Tonka Crime Prevention Coalition: Director Community Education Committee Mortgage Bankers Association: Financial Institutions Committee Professional Women in Real Estate - PR Committee Twin West Chamber; Karen Gibb Women of Achievement Committee Licensed Real Estate Broker Notary If... rf PLAimiHG COMMISSION ROLES AND RESPONSIBILITIES ISSUE 1, What role dees Council desire for Planning Cor.r.issicn A.) Status Quo - Remain as the ad* '.sory board to Council B.)Altered cole in the following areas - Comprehensive Plans and Amendments - Zoning Ordinance and Amendments > Subdivisions - Variances - Conditional Use Permits - Official Map - Appeals of Zoning Administrator Decisions C.)Role in other areas apart form strictly land use - Transportation Planning - Lake Use (Marinas as a subset) - Facilities - Organizational Planning and Development Economic Development (EDA) - Housing and Rehabilitation (HRA) • Capital Budget Review 2. What structure should they undertake to conduct such A.)Status Quo - Planning Commission as advisory in land use areas and in areas specifically requested to participate (Facilities, Highway 12, Lake Use.) B.)Grant Planning Commission more authority to decide in certain areas. C.) Create a separate Board of Adjustment and Appeals to review variances and appeals of Zoning Administrator decisions. - New Board members — Composed of members from Planning Commission D.)Utilize other Boards or Task Forces to which Planning Commission members are appointed. (May still require full Planning Commission/Council formal action.) - Zoning amendments • Comprehensive plan amendments/updates - Lake use - Highway 12 - Facilities - Public/Private Roads - Storm Water Management - storm Water Comp Plan - storm Water Improvement - Wetlands - Hardcover - Navarre Redevelopment • STATUS Tht *3ue of altering roles was initially raised in 1999. SubS6C[uent resoonses froni Planning Cor.niission reprsssncatives were set initially on 6/13 then delayed to 7/11. The reason not addressed at that thi.-2e is not dccu.T.entsd. The issue was revived again for the 2/6/89 Joint Meeting. The apparent reaction of Planning Commission was a sense of having their role reduced which was not the intent. The issue of amendment of roles was dropped and was not an agenda ite.m at the next joint meeting held in May, 1989. Aoo1icable Documents A. Options Regarding land Use Revisions Dated 4,'l/33 B. Council Minutes Excerpt 4/11/38 C. Memo to Planning Commission 3/ll,'38 D. Planning Commission Responsibilities Dated l/31/'89 E. Planning Commission/City Council Joint !!eeting Agenda 2/6/89 F. Joint Council/Planning Commission of February 5, 1989 Memo Dated 2/14/89 G. Planning Commission/Council Joint Meeting Memo Dated 4/5/89 H. Planning Commission/Council Joint Meeting Agenda Dated 4/11/89 I. Council Minutes Excerpt Dated 4/24/89 J. Joint Council/Planning Commission Meeting Agenda 5/4/89 K. Joint Council/Planning Commission Meeting Minutes 11/8/99 L. Excerpts from Facilities Book: 1. ) Site Analysis Section pg 2-5 2. ) Original Evaluation Criteria Section pg 1-10 3. ) Tours Section pg 1 joi:iT :-!EZ t:::g gat ^ ^ « -w — 1908 Planning Conriissicn reps were to attend to discuss with Council originally 5/13 but postponed to -ni- 7/11/88 it was again postponed. 1989 02/06/89 05/04/89 Planning Comroission Role/narinas Marina Licensing Status Report on: County Hoad lly Future Highway 12 tiiities - Highway 12 06/29/89 11/08/89 Facilities Mavarre Re-Development Other Status Report of LMCD Special Committees Facilities Tour - Council/Hlanning Commission Facilities Discussion 1990 04/07/90 - Facilities Invited to: 08/23/90 10/22/90 12/01/90 Facilities Workshop Facilities Discussion Highway 12 Workshop - Regular Council .'*tg 1991 Invited to: 01/23/91 Highway 12 Workshop X. TC:^ * •t / I ‘/' Mari'. 3err.r.arssc:* tFROM: DATE: SUBJECT: Options Recaro:r.o ---------/*..• \ ^ ' - “**2 »■ I ^ ^OOC — -Use Reviews i_ • i r'’-'’ine Recarding Land Use Controls Attac.^ment; A. cu--*ne ak--* 's ■^SSC" - ssentation or options re^a-.ng^ ----u“asi-e to ano9rta.<e as i.- c--------areay >--s unic*' •* "eviaws tr.cse.and t.te oeans by wnic..............^ i- t o ways t i*. a 1 a r.-3 ' a-- • *■ ■- » C i t V controls, its land 'ase controls aunicipal governtienw •i:iTaco'-':?:^ - ^0^';°. _______ ,. .. ,Fsor 9sen t a s ign i f *c —.• ■-^ '•;-.» C'^uncil is the rina- Prssently fCor.r.ission authority on axl Ian- subdivisions, variances, acting as an a-a/is 'zcninc and como r ehens i v e plan conditional ’-^se ?e....Y' use'control, wnic.h the City nasanencnents. (An additional land official not used date, but ..a^^..n^...e traditional land use napping 1‘ « -“i 30 involved nenbers or tne P^annin^controls, C-w/ ha a-s licensing togetner wi,.. CoRHission in i.s -ev w or facility stuoy. ccntenplation to use t..e... in «nr4- -he strategic coal setting for 1988 the DISCUSSION - As part -he st g .,r *'l irat ion of its Planning Citv counXril desirea to cevi * 7-af-na^t’v*es to its current land comitsaion to ae« to andattake formal use control ?'?«»!• Council can either assume totalplannih, activities t... Ci / « ofiicsrs orplanning activities t.. ui. „ ;rative ofiicsrs or cesoonsibi lity ' °“j-y ^lar.r.inc C apoiint a PI« ectuaiiv have ss onmission can Vitim: 'he adv isiory ^ ^.^dditio^ ‘tre""Vanning delegated to it by the Council.^ ____ {„ anoeals for ^OToiJsTon can eithir act variances and appeals -„;„7;yyi;aVc; mc’oificial S;|“Vh.%o.rd'. '"cuncU If V septate Board is council or advisory wO .cecial or conditional use created, ^ or official mao amendments. These K.%“ bVdore"irt^« CoS^^^^ various cities tak<» to perform all the cities utilise a manner as Orono. Some as an advisory J®dy . decision authority and/or eoBununities de^*^*^* authority Cor variances to a P^**'*'. ^ decision In some communities PlanningS^isTon penVin, communities Planning Cdsmlsilon/Boerd «f *""21*J^?sioni, conditional use ?Sp^VnVnrv^^^^-•nP tVl.'.rka ^__, ^ ^ 3c2ir^ — r.d wfi 3 3od»-* -- - r-,- r‘f *^o^2sr3 or s cn© 5S - .>... is COTICS8S Sitter o-_^_ -"'' ;'i;n;e'S of t.“.e Plsr.ning C==ii» = -°^-nsertwe. ,.^g^a the ? 1 ir.r.inc . 1 ^ ^ ^‘16 curr©.*- ...... , . ^ * u^.»p -a*^, COTBissVon a=;S »| 'Vts“" '==°'--'^--°^ ^’‘'^ riSni Ti -e-irit/ l;ie««d ov council. . „ tile olanninq Ccitmission in the ^ae.1^^'^fo^ »ec=i:aYt?vVor.-;r=h « patinas ana facilities. \.,« ,ue -oilowino reorssent alternatives that the r-elaticns.-:ip to this: 1. Review the sit-2-:on and aeciae -o retain the status quo * AOCSSLS 3HQ« p aoaro 01 -cn^.-3 2e D6V6.l0p p Adjustments to he oi ap.-ins Comnission 'a. selected members or -^er than Planning b. Members centosed o£ peo?.- Comnission members 3 Alter the site of the Planning Coiraissicn -ta,etf Pocce in an advisory capacity 5. utilization or a , and/or marina licensing, to review the zoning ^ orobablv be requited to such a Task Force ‘ regard ing any zoning submit any oianning Commission andamendment changes to tn, . ultimately to tne Council. aiternacivmsj 1. Table discussion for a future meet-..g. 2 Refer this general discussion to the Plann commission foe t.heir comments. -u- for recommendations 3. provide direction to -oa^s* and objectives the including Ji„\n a' review of its land usecouncil may deaira to obtain m a process* . wroMMBIlBAtlOlI - It la tacommended, at S’^'^la a^'obj«ctivas at^S ”fSi a^cb«m«nea by tht taflactlnq tboaa -....................... considmeation . r ??.0?OSSD M07:c;i - Movec r.>,rr3 ie achia-.-ed and discuss ths issue as to goa«a ana ’S ”^r:u ‘,U'ta^^l^tre^=l-^:V;Tde-Vnd•••c:- .a,. Ayea _. .avs 9 7 # , - %T* 4 1 ?C/A PC/A ?C/A 3 A PC/A PC/A 3A tanarss or the recoiar oromo coomcil meeting helu april u, isbs 3 MCmSrONKA LAK2 LEVEL oxcla'i^ City Adniitistracor Berr.r.a.dson expia_n fron Art FinJceistein# 1T2C Shadi*v»ocd ..oa^ to supoort hisj in his effort to oota: regarding the lake level from the appropr Mr. Finkelstein was present for this mat he was generally concerned about obta. information regarding the lake level. I- was moved bv Mayor Grabek, seconded by Councilmember to support Mr. Finke Istein* s efforts by forwarding a letter to the Minneheha Creek Watershed District ^nd Lake Minnetonka Conservation District and appoint hi„ as a liaison to the City of Oronor^ requesting him to report back to ^he Council , 9 his findings. Motion# Ayes 4, Nays 0. tau REGMUnW Bernhardson preser.-.ed the issue of riTs^^ons relating to ways that the City may des-re to undertake as it relates to its land use controls, an the means by which it reviews those. Sliispi the Planning Commission's long agendas. of Appeals Planning a 5 member amendments burden off City Administrator Bernhardson explained Planning Commission and Board of Appeals wou focused upon different types of agendas- It was moved bv Mayor Grabek, seconded by ^ouncilm^ember Peterson, to* submit this issue to the Planning commission for their recommendation. Motion, Ayes , Mays 0. UCCE Bernh«rd5on regarding Police operations and contracts for 198 . Police Chief Kilbo stated he hopes to submit the 1987 statistical data at Council's next meeting. It was moved by Councilmember Goetten, ^^conded by Wot Grabek, that the Council accept the ^^^ormatxon regarding the police department contract 1987 together with approving the ^ontziic^ Beach Cities of Spring Park, Long JJJtiea 1988 payi^ents.to be used in reducing those communities 1988 p yn* Motion, Ayes 4, Nays 0. .__ c Ids conOTissicn •«..aiman . • ----------—' ssicn Mer.=arsc^rcno Planning ^s-s--* City Adatinistraccr 3err.narnson Tea: « • ^ iu*''d ’ng i Zoning AdaiinistratorJeanne A. Maousth, 3u —Q-ng mz9t iBb^edd Mav 11* 1983 • , r—-a-s Regarding land Use Reviews Reconunendaticn wO CwU^. --nbiacc: Kecwiiuuc.^w-—- e th. council -eecin, of A.rii 11. tolni»«“ or was •“^nitcod « to submit tn. sat maotin? «•*•■* ion for oneir consioersrion and iSonnendarion to the Council.iconmenaat-ati - * discussion, ^ tf-r—i Cirv j\cz;inis W-.2T:—---- 'aasa ra'/ia« the enclosed memo -cm - ilrjoses and recommendacion. ?79 .. - »...... TO: FBOM: DATS: Mavor and City irur.cil Mark 3ernhardsonf City Adniini3--aw3...t, January 31/ 1989 >r' jv SUBJECT: Planning Commissicn Resconsibi*i-.es Attaciiaents: A. Options as?srdi.-.3 Land Os* Reviews - 4/1/38 ISSOE - 1. opportunity £or ae?-a«ntstives to share the U views on 1, oocortunic/ i-jt ~ .r’., . j • ,-4 w’*-- ?1 Ann 1119 ConiniiSaa ion - wSww.4S ^ Council. 4. U ijnviODCCriON - At the council's April H, ■^°w.d —tachnent A. _ o'n Mi; ”at"«ee"?i:n3 lirohTa?; Tn'd"/ice Chair indicated “iit deiir* to discuss this issue with the Council ss to their viewpoints on the matter. DISCTSSION - in addition to “ rela?!onln!o by th. mnnin. Commission w.^t. ^^L-uss theseto this it*m, I did have the oocortunity to discuss these to t»2.s iJ;®' „ -asident/ Dick Putnam. In the course or oSS'lfsousslon he indic^t^^^ that there may he a possibility to our ctscjssion ne rammission to perform the 1our discussion he inaicacea cnat ^ Q«f«orm the two^ *.v,A ’banning Commission to per-orm c.ne SJ«Vr?n,*?:nc%^oni o^linper ran^ od Appsals by Ve^^fm olani?n^? sub and »e-etfn%'^rb ’ =%"^s?5- condltionai'^use n««<^ to be done by theeondieionax ua p be allowed under the current schedule SrthVV’^.c month?“aid p^iu'iU however need to be made dor the Mntha apart from May through September. Vul e^-if neoduct developed would still needii^dlvtsion 3*i«£ “uii«"?^e to be reviewed oy &.*» ’C”"eeae« lawcurrent ordinance and according to State law. ;r.i'?oce?‘(b?eh Co??U and ?l?n"U Commission members, to h •view all T.ajor .tjlanning issues ind zoning aziandzienzs . ALTsaMATr/ss - - r' 1. Discuss altarnatives at joint .meeting o= Planning and Council. Ccz’.ztiasion A. Divide function/role of Planning Cozisiasion - -«v- separate meeting a month. 1 - Board of Appeals - razoning/ variancas • ■ asas sisjtss.—*- B. Planning CommiSaxon -nagv ^orc* for s;=divUion c.haptecs. 2. Table for furt.her consideration. - *.« fiirthe'* exolore means to better zocu ting rw9. «d Short rangi colas of the Planning Connaisaion. - w U a .S.an> nECOMMEMDATlM - It i3 /®«f.r":nba-rof t;.facca.a ocOlnanca aaendment work of the zoning c.hapter. cc: Mayor and CounciImembers Planning commission Members 3^1 A' L-r ■ ;• ■ € * OF OBONO JOIST MZ2TI3G CXTI CCUSCII* ASD n^ssisa ccsBCSsics 7:00 P-H- Monda?, Pebruary «r 1989 City Cauncii Cbamcers 1. ^ an- Haspcouncil/?lanaiag Commas.-.* - - (Maao anclosad) c-sibilities 2. ^ —atr*''•'slv sen* undi Marina Licanaing (Memo --- - r separata cover) 'v it:-.. Attachaants A.) Planniag Coamission 3ol«s/a«s?-=«s Oatad 1/31/89 Hsnxo a.) Marina Licensing Meno Datac l/2v/S9 *• * h' 'i es: Oapartaant Beads > h ;-V ■I- 'n:. f ^• ’itf' — • — fC: rscMs Mayer and Ciry Cccncil Mar:< 2- 3einnarnscn»-miniscrszci*. \i \r.- ,.v^ 22s rebruary --89 ,„•, O' r-acruar'^ S, 199? SaBJSCr: --oi.-.t -------------------------------------- Attaciim.3t: A. SUnniag Csoai^sUn Minutes S;:=3r?t :/l./3f At th. joist Council/?l«ny5_^«^ yianniag ^ attar:z-2c -- ------- of caneira to t.-.«=. - iatuos wits rasoonsa to —te -a.-- ^o*** ac3'- " ^ t ^ a « •* infocaation ?rov.>-ea — y:*/: Caiaaiasion. Tliesa _n ——— • a. Complecanesa or 7«--aca)b. L«vel of iniornat-rn (t=o -u-.. /--aga- c. aecoramendations srclicaticns d. Initial conuaun-caw--.. c. e. Inforriatinn steers our--n-..c ^ g. Receiving the infrrnarion on., ..c........................ advance. These issues ^/®^|®2.'®encing tith“%h\V“Planning ;oning staff and copy of the legal ‘-notices lOBsission they wi-1 »— ag che aoolications to tne ’ocethec vrtth a sketch of ea ^ that aee**‘-.c. In addition ilonning Comaission two waaka ^otto^.^^ sh^suik at tsa iafoewation jhe meobe’-s hv delivery on Wednesday wrrn•0 the Planning Coinaiasion meaxoe.^ = ^ raviaw by the starr ihe follow up ^^'houid h^ve"'the bulk of the inforaation four ^ifra1.?:Van"dl.’noa “o£ t\%*Pianain, t **tt« tawa'baan dalayad !>•=“«>aw aoolications in the last ye^ those were items that TvSTot Ufoc».tio«. //* JSL“Vha^Y^u2 ”--”;air<Ki dutis, wca dalayad as a *L a “l* attasolad to acsomnodata to adie review process and which star- ac-e». SAXUlSCe tr t ahw3v I"' ^ 71x^ ?L3rtning ”• itSi:L\V\lhU Vsuoo.t ot taa-ui-.-aiatad to tti. iaeluding: », oislike of the process b. Plecewal report ,„^Hoe c. Complaints about the autaor review orocess d. »a«o«s »ot li**.*"*^ “ fi^ii^^oa'a* *= in ^t. SaOara •• :;;imtr5r-.SU'lVtaVa- Oaan tisoivad .n to. , j^ ^ ^~a “ *"•« Planni..- uc.—.-jo-3.. •.-- -—• -ii Act that tha acttal trccasa fct -.acers .-as a .'-af-on of atisti.-.t trfinar.ca autho-itv- «ic.t was a" 'owed'in aacets' casa bet for wr.i.-- or a tatr.ata provision iS ava-.s--- - - - •*'-■ develoonent. unaddr®33ed oav have been sene issues r^larec to (Lef.. c^arned davelocner.ts whicnthe prooosed anend.-en- --an..-- - —<«•*£-'* -.* aenressao sy any c- —.e -..-s awB----'---------______ ____ a*' - = 3d to bvwere no- soecifica.-y =^-=- --• ^ . :'Vjbv Comnission nenaars/ --- ..-•- them.) The Hiohway 12 process aa.yia.ncec^ uncar ^a^----sran Camaission and Counc-- .. -j Kg underta.<en includinccommission and includinc the people present as t-"c- --o -'nitial wcr!< a: the the way the ?-3«ss was oraoarad by sraffthe way the was concuc^^^^^ study was jr® .'^‘AVto the ‘Planning Coamission. (not th« consul.an.) .o- a-j.; and did to through L«%V “ h^v - «- There is no commenu regarding tne f review in ssia^ raespmendations togetherTil* C3V13W oc ti:e ?,«ann-ng ‘•a t*'^e Metrowith those the Council ana wnatw^^^^^ Counell indicate ° A.-s^chance entailed the northeast Commission %i:iow/01d Crv?.:al 3ay andquarter of th« property bet.^e n Commission had lighway 12 ®nd county Road recommended thaw It not ®® . na.*---xa* soilS/ allowed 'tstainm, it at a two acre density. Wlta th.e on. .xepeion aocunent^. IporS^I iiSnin, co-ais.ion «.« bv t *. Ci?y. It oust be b, th. “•«» is S coiVr.b.r..i». pl««remembered that the planni g oc^ requirements of the T?i*S.Jid oi ls/a.V tb.y dMic. to hVaddcsa.d. In *•*« d.finitiT. positionsiSTro council b.ssd on issu.s ta.y »”Ya,‘y^ " ;oritions and addition tn.e. “•'« > «« ___. M nan. in with a spooific ptoposal at?5?SirAndVb.;3.%riyp7(tb'J^^^^^^ bh# tiliM of d*V€lopflwnt. latent •-------^ w.-a. roneerned• 112 OLanninc ra mniasion Roles and Resoonsibi 1 ities - -T^e p4 ^fmInq^ Commission saoKesperson inaicaeed two spec---- uaas of concern: ?</9' a. :ic tirie zc = ^ vii . . /4 A/** ^ A •-• •‘•^a CCIS2 OZ ViX •b- No authcritv to cec—a ........... •«<« cc fine wa ’**3 Th« iatant of the •‘=®* 4 7o ' VriVar'Var.ca olaar.ia? si:f::|?iilliiiiis=i^»uti»rit7. •»«-“ -• aisae was beias ?cMttocity. TSa «“« «« iem? jraaosed in Haaaia9 s be".?; «aoosad as a neans to talca this U9bt, and “‘I, !.*-’.--e.; have,iway ti« Littla rasoonaisil--/ -a. —t. •f4 m ,, ^ ^ ^ei%e»a^Ta oc i33’e33 !ti0na«-**^n3e — *•aetaars- Subcivtsion - - ;;.-oiS3i=r. taiJ area i.neiooeu-a =*fVof t.ta fait e.bat '=■■»•.f'V-*4\“‘%atro.?^«s « as toocaliainarv a“='*a/.s.-a a,y-- _ i.^elooer ibatbat John ,h “/a^ “"a fsaliag that thaot tba Cif/. Addftfoaa ■ ;- -5., \..-,at of whol« ococass on Hasar^ -ras ............. annexation. Sfl?V’r,t*Vbii= t1^a°nV;bt"? ilttboagh ha V-'-s^- of ”•« i.-.itial taooni.-.5tba Fiannin? ‘fo““ass..an c...s—,- Cou.ocii rooa aata lobdlaialoo '’•,®t“»d,.«d tba aoVlieation as would City staf-. icsttpiad. Sa Shard ’ow at tba tiae that it baosened SS '.“VVs^a^^nr^t"U ^T/a'^aat, an issue of s.to.-t tara (acation* ^ inn ino Coinoz 33ion awe^ ■ tor tba UJua of 'st-jaiy/Hatob tiaaitaaa of ba Initial ’"IJli ? alosidatation through toe J87. Tl>« Council VI«o®-iod Long Lake indicacec KOb/April «f“ff»" fp^ojaft'y on the north sida ot tat.* daaita to ff f laUtar to tba City oI tong Vgbaar 1> »f* ‘^ailSil's raaiew of tba aoandaent ike ey 12. This we* reiteraw in * «. aaendmant£:5 £.S - ,v..r.ts V. teatlona - In this area oomants included: - Tba ganaral co«a.at that tbara was a braaiedown in eoBwmieetion. •0* wetae* Them* to theat-- a lack o£ understanding *'A feeling of: A laca , r.K*rae*ar of Orono but ( philssccnv frr tl-.a cizv . s ara i~ tiia s’^as oc tha '.nd*°t^'f 'or“thr'3««;in7 '■'as t= ia?ro''« i.^* jsiitive =ar..-.,r. -;/»«.“? !?-!*= V*-', ‘a Juit tij o"t-.« e:irr«:‘r*Vid»ri:3 ir. the 2omini‘7 iVvV la Vt at. Iota that are 5SS:Sijf.iiA.Xo« tvo act.*,auB»e /<> j-e Q’-ana. 71;a davaloaaant SriV-‘l^r'ri^ha’r^^i^* «s"a‘ ‘fuaVti'^n^orth, desire of the County Road liS Future oigisway 12 Szacuti^a sassicns 8>W9S8$ - «• “d\a;"he;,‘-'o^;th; «t.rl.l »a<i.r issue SST/.M =•?»”“ orr.Vi.=w-^ has-already been datarainad• ®®5*^ff«^?i^flaatha' wi-h other iatarastad aartiaa would haS5of:ri"th\%’;fo:;s. eradltloiiallVb2m involTsd in transportation planning issues. A. fa. a. but"^ ull is lisibsa w «>• *®ii®«i“9 aeouiaion diacuaaions. 5: JSS^.S.Si'S.li-rStSi.i-- dlaouaaion £oc thaaa ttaBa* '•;■* tmt Jaaaaa k* JUbuath, Building and Zoning Adainiatratoc MiSa?i iT'cJSffSSi SSt^SlSSiSg^fi^'SniSg Adainiatratoc jV6 OF ?SB PUUIMIS6 csjuussioa MesrsiG asLs rsawaar i?, i»87” S...r ,.rvi« jrasl.«. W. 600* ui5iC3 IS * csncss” ZT.9T9 3sy i® iidLzLsruL cspacss*/ ir. is^arsaprsr K® notad t^-ar t!*.® Ciry of lone Lax® wou-d Lixe ta b® k®oc isveived in tnis plarn-sg prscecur®. •.—a shAf* cw *:ossd sijsc wK#n *n® M®^^oco*isan <.ounc»« . ?un:ic -.1: b. b.ld sar cn® coBamniti®® iavoiv®d by cn® Council. 2adc®r 3®na® ot tn® Stat® Sank of tong tak® r»qu®sc®d -**4^ tb® City consid®r tb®a in n®go«iaciona r®gard^ng zkm ^ucut® of Morib 3rown 3oad sine® t.bis is an .ntagra* paJb of aersss to tb® bans as w®il as to iewnsowr snoppang assa sz Lone Lax®. u.rs**®’* ’avin of Pec® Associaea® Arebitsces voac®d 2^fea« ^sc'aVflng tb® nuns.r of s®«®r obi-.a iLlocarod -.0 Asaa 3. C'-a —an Xallsy .*ioted tbae tb® 503 s®w®r units baa f*'l;y*i b®®n an issu® of n.cctistion -itn Long ^ax® and Midl.na, ib wnisb Orono cannot sisply tax® tb®a® una-s. r*.va 1500 w«st Pars Hoad. coaa®nt«d that b® is I n®w r®Vid®nt w«o nov®d to arono b®caus® of tb® 2 acr® —oral asaa raquiraaants and fa«ls t,.®r® a.® aany .M ir. -iilib. -.0 p.y c.-.« rural Orono who ara not an -avor o. -..a p.opo®® enangas. ®«i«rriag to tb® Corridor Study sap. Cbaaraan X®ll®y not®d t.bac t.b®r® ar® no P^®P5l*^aa^k®d^-*® Vebir<« * a *or®®Bi®nt wttb. 3® a®x®o »n® ox««* Planning Commiaaion a®ao«rs tb®ir fa®lings ragara-ng Araas A-4. in sb.lt pr.»*ns » = bu»:.eb -a -S. .ppravd 4.. OW* «.» JJli^'7'^Hiidinp tb. Ciei t*qa««c for aad vatar raasonabi®* Ctaisaaa S®ll«y ®eae®d that h® would bo ^uoae® in Aria 8. but du® to eh® iJI ayaeao In tb® day car® eanear. h® appro wa® raqoaat far waear. Hanson would incorporat® Ar®a S in tb® sawor ®r®® MOSA IXno. si MZaOSS 0? TSS TZXmiSKi CSWr**3IC2f jfZSri^iC SCLD FSaXOARr 17, I9S7SBSSTTZ ?zji3i ^jioDjoa? csaTisusa3*ilow* asxAc if the prszeTzy nort.i or* t.‘!« wo-landa could jupport sepo^-cs syacass wiroia a Z-aer* rural rssi'ioRO^al araa. Aaaistano Zonin? Adoi.-.iscrator 3aiiron faio caac____ araaa would nor Pa aaia.to support a saptlo aystaa, wnrcP la ana cecd raaaon to sona tna araa aa ?RS (Piaanad Saaidantlal Oiatrleti. P^lannl^ Coaai££i,on roeomnandatt^an* Araa aoucd of watianc dtsipaatac eoKarciai / Aon-sia^la family raaidaneial aawarad araa. Araa north of watland daaignacarf si.tgla faatJy raardantial w-.t.t no sawar on tna aastarn naif nottn? tPas tPara nay ba saptlo problasa wr.era i aoiution nay ba cluacari.*:?. AmanO esao plan to address bouair.? exciudi.tij any acaaoaio .roslicatlona. 3a<jardi.*i9 Araaa 4 & 5, Cbairoan Kallay is ir favor of an aaat/wast road coRr.acrron. Ha is also in favor of Araa S cannacti.ta to t.ta mCSA ll.ta. Planning Coaaiaaion concurred witn Chalrtian 3(allay*9 opinion ragardiag tna connaction. Planning Cosaiasion recoamandad t.nac a buffer of bartusg and plantings ba included on tba Uortb of Araa 5 ad Vacant Oicicay laic a Iriva. Planning Cuaaiasion racooaandad t.bat t.ba road connaetloa iasua ba left open for fueura options. Sagarding expanding tba boundaries of t.ba 3-1 area and aawarad area: Chairaan Xallay seated t.tae, given tba face ebae numaraus eraas nay ba lost in order to provida septic systems, ba fait it should ba sawarad. Coban statad ha would ba open to expanding tba sewarad area baeie 120*. He fait strongly ahoue 2- acra ainlmom lot sisaa. Ballcwa stated that loaa of traaa sbculd noc ba tba iaaua# howavar, she ia not nacaasarily appea«.d to aawor ia tbia araa and fait tbara baa baam m raaaonabla raguaat for aowor by Mr. Ilabara* Sbm faola tba whola pareaf should ba inoludad in tba mOSA lina and not limitod to 2-sora lota. Hanson coacurrad wit.*) Hallowa. 70s OiSx I “ T • ^ • naycr ar.d City Council ' . . f^*'\MArk E* 3€rsfa4rdson# City Acsinistratci^ vi April S, 1989 -s Planning Cnaaisaion/Ccuncil Joint Meeting Q Attaeiiaant: A. Planning Commission/Council Joint Meeting Meao Oattd 4/5/89 h nt meeting. JSSSL - 1. Stlaetion of a date 2« Direction as to desi: ur»ennpc?ioy • At the ji -a eelp^ary Sr 1989, tnjyg«e*<i m desire for a tuture joint aeeting. i*-\?Council PMCOSglQIi - laaoe !,« * Pate »t«Mnely • joint niMting has b««n set ior Saturday July 29, lfl9« Earlier dates could include Mondayr May 1, 1989 Madaaadayr May 3, 1989 Lv- Thursdayr May 4, 1989 Tuesday, May 9, 1989 ffednesday. May 10, 1989 Tuesday, May 23, 1989 Wednesday, May 24, 1989 Thursday, May 2S, 1989 ta AttaehaMt A Jeanne Mabusth has autliaed josaible tspios Isr diseusslon at each aeeting. BITITES tesna ^ - Date 1. feXeet a date to be confiraed with Planning Connission. j. OoXay date until appointments completed. Otilise the July 29, 1989 meeting, i. tahla for further discussion. t. 2im la “ Topics i. foleot desired topics. jr j ■ :E. Table for euthet diseuasion. s<^ ^TT?hzk <ec ‘.5/____________^^ (^/UXr S 2.50 SBC 2 50 BOARDS AND COMMISSIONS GENERALLY. All Board and Commission ipoointments authorized by ordinance or resolution shall be made by the Council at the first regular meeting in January of each year. The term of each appointee shall be established and staUd at the time of his appointment, and terms of present Board and Commission members may be re-established and changed so as to qive effect to this Section. New appointees shall assume office Immediately. Provided, however, that all appointees to Boards and for an expired term, but the appointment shall be unexoired term. No appointed Board or Commission member shall be an e^mployee of the City, but an ex officio member may be so employed. All aopointed Board and Commission members shall serve Without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such IxplTsll be«n authocijed by the Council b.toce they -ere incurred. The officers shall be aopointed by the Council annually. Any Board or Commission member may be removed by the Council for any reason and his position filled as any Board and Commission shall hold its regular established and approved by the Council. Boards created by resolution shall terminate when the purpose for which they were^created has been accomplished or upon the expiration of the terms stated in the resolution. Except as otherwise provided, this Section shall apply to all Boards and Commissions. SEC. 2.51. PLANNING COMUSSION. Subd. 1. Establishment and Composition. A Planning Commission composed of seven members, who three-year terms, is hereby established. Two of the reside in and be apoointed to represent the Rural Service Area of the City, as define‘d in the Comprehensive Community Plan, tWo members shall reside in and b« appointed to the urban Service Area of the City, and threeappointed to represent the City at-large. The Zoning Admlnis^atot and one Council member shall be members of the Commission ex officio and without vote. Subd. 2. Powers and Duties. The Planning shall be the Planning Agency of the City and be an the Council. The Commission shall have the power, aP the Council# to carry on the duties set forth in MinneTOta Statutes, and those duties provided by this C^® other dut.es as prescribed by the Council from ^^®®^° Commission shall hold a tegular meeting once each month and keep records of its proceedings. S; ORONO CC (4-1-84) *5 - J 1 ' U- k i 't. t 'tr !f L>- % i' f' ‘■h-ir.'L. OROINANCS NUMBER 31» SECOND SERIES AM ORDINANCE AMENDING ORDINANCE SECTION 2.5(1 ENTITLED BOARDS AND OSNERALLY A»D section 2.51. ENTITLED PLANNING COMMISSIONr SUED. 1. The City Council of the City of Orono ordains: Section 2.50 and entitled Boards and Commissions Ger'^rally is amended to read: All Board and Commission appointments authorized by ordinance shall be made by the Council at the first regular meeting in January of each year unless anotner aopoincmenc is established elsewhere in ordinance. The term of each appointee shall be established and stated at the time of his appointment, and terns of present Board and Commission members may be re-established and changed so as to gije Section. New appointees shall assume of-ice immediat--/. provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled for an expired term, but the appointment sha^l ^® unexpired term. No appointed Board or Commission member shall be .„ of the Citv. but an ex otficio memoer may oe so employed. All appointed Board and expenses incurred in the performance of ^heir duties when such expenses have been authorized by the Council before they wer Incurred. The officers shall be appointed by ^he Council annually. Any Board or Commission member may be removed by the reason and his V'hoVd Us*7.ou?*vacancy. Each Board and Commission shall hold its regular Itttinls at a time established and approved by the Council. Boards and Commissions created by resolution shall . th« purpose for which they were created has been SpV the expiration of the terms stated in the resolution Except as otherwise provided, this Section shall apply to all Boards and Commissions. Section 2.51 and entitled planning Commission is amended to read: Subd. 1. A Planning Commission composed f®^®" Mal>.r*, who «.t»e .taqg.twl 3 year terms is h.t.Py iSTi i Th. p.rlod of th.se terns is fron 1 April to 31 March and shall be appointed by the 2nd business meeting in March. It is the policy of the Council to appoint persons to the Planning Commission as follows: Two of the members shall resile in and be «PP®^"ted to represent the Rural Service Area of the ^ty as de In the Comprehensive Management Plai, two members residing in and appointed to represent the Urban Service '■* IS'- f:' *, % i L Irr I [v (V V •'.I •Hi i I ‘ Ir Area, one aooointed chat resides on Lake Minnetonka lake council member shall be members or the Commission officio and without vote. This ordinance becomes effective from and after its passage and publication on March 30, 1987. Passed by the council this 17th day of March, 1987. ATTEST:f jam^s R. Graoeit, Mayor V ^^othy t^.^UinV'City cl^li publisned'in the Laker and Pioneer newspaper the week of March 30» 1987. CABLE COMMISSIONER MONDAY, APRIL 6, 1991 ^^Ult I AKg WINNgTQNKA TABl P COMMISSION SUMHARY 1991 Funding Balance Snare Acct, Balance Preferred Acct Certificates of Deposit $i 10.622 76 4 855 29 1,320 32 26,000 00 TOTAL FUNDS $>62.798 37 Note; The franchise fee for ; 990 was $97. i 73 o ; Last year breakdown of operating expenses are as :oi lOws Personnel Operating expenses Access Equipment Purchases 43 45 7?2 rify of Orono Contribution Total Subscribers Total Pay Services Total Additional Outlets Total Remotes 1,108 769 797 527 (Orono Dds the 'argsst cao/c S3Curat!on on :ne Tnax caoiesvstem: Orono's Franchise Fee $ i 9,200 01 ir V f €' %'■ f- € m s: ^fr ' i' ■ ■ ti r [: b.i ! !?'I.-- IIs: tm. t wrr ntrgction for 199 V 1 Activation of seconc access cnarr.e' ■.cnarr.e-: : :: ere install ir^ 2 tace olayoack facility at tne Excelsior location Tr.e equtoment was purenased oy Tnax for tnis project, noweve'* it C'C ^ct meet tne standard specified m tne agreement witn tne L-'"C: With tne playback facility m place, acrticna: starring was ■'.eeced in order to play tne taces on channel 2 i 2. Customer-service issues, cable ’>ne extensions and overall cable growth, and efforts toward the expanding of part'C'pation in access programming Concerns I have of the Lncc 1. There is a concern that tne lMCC is tne best eouipced and over staffed at the Excelsior location, yet has tne least amount of programming output of all the studio s in the Tnax area. 2. With the activation of a second access channel, tr.e LMCC Executive Committee approved funding of a cable playback ccerator I feel tape playbacks being performed by the LMCC is a mistake and misuse of funds since playbacks are avai!3Dle__free from_Triax. 3. The Orono studio has consistently asked for assistance from^the LMCC in the operation of ifs studio it appears that the LMCC does not • ant to free their personal to work in tne Orono studio, and to promote access programming at that location. Brian Bergstrom of Orono Community Education has been the^only producer from that studio Of his ten hours a week in that Scudio, naif is paid by the district and the other half is paid by Triax. His programming output is equal to the programming output of the Excelsior location. u' With the opening of the new pco! facM’t/. 5n:ar will no longer De 30le to put the time into scncd procuct cni anc public training. I believe that tne l.hiCC neecs to focus tneir attention towards the Orono facility to promote, upgraue, an^w. v.w produce programming. The Orono studio received two new S-vHS :amc:r:ei ‘S from, the in 1 990 Their combined value is So ,000 00 i nis *5 i.he • u Sw equipment purchased for the Crono studio by the w. CC s-n^e whe franchise has been established If you were to combined the franchise fees given to the LMCC from Minnetonka Beach, Orono. Long Lake, and Medina. 32^ or the LMCu ^ funding comes from these area s, it is obvious to me that the LMCC has neglected our area and needs to focus tneir attention on tne development of the Orono studio u '7 c:. TRI AX The system Recently our caDlesystem has under gone a variety of oranges, not oniv : ifs Channel line-uo. Out technically and the sucso-'oer rates r>I ) On January 10, The Triniwy 2. w2dw—.--.-v-N .V- - - with American Movie Classics T5N was moved to Ohanre ,5.or.o.;. ^ services couia operate on a nocr oasis r’arc-, so.v T-.e -am:,y cnar.re move from cnanne' 32 to 1 6. ana ESPN movea f om a to cnannei Triax has improvea picture aualitv to some resiaents on the capie system By thstalling a fiber optic line from their mouna neacena to Exce'sior Ourmg this switch over, a variety of communities were without service during peak cable viewing times (Friaay evening until Saturday evening) The LMCC found that Triax violated the francnise instead or imposing at two hundred dollar fine on Triax, tne commission moved to formally notify Triax of the violation, ana to file this vialat.cn as a -ecord There are plans to expand this fiber ootic back bone to Orono. which will eliminate the need for the Orono headend However with the improvements to our area system, aaaitional rate increases were put into place The monthly rate for exoanaea basic service on the Triax system is $20 99 per montn, making it the second most expensive cable service in the metro area. This rate would not be so Dad if this system had the same services and capabilities as other systems, dut in my opinion, falls Quite a O't snori. The system itself was tested by the Cablelogic Corporation This test is used to measure signal leakage into the air waves. According to a letter from Cablelogic to Triax, the system passed all FCC reauirements ana specifications. Shortly after the testing the Cablelogic Corporation went out of business. •f-. i’? ft ft {.■V II' i'-r- 1!' ft*. li'I' p ■ k: ij..- f': 0^; - :3 ' 6# I; l-i^ ■t- ft, W-|bte '■t;j:_ Annual Subscriber Notification ^''*ter'a's Triax will have three secarate maMir.^ to sucscncers ..r.s year '' « I • f ^ as follows February Exp anation of services i re.v cro'-ge^ ror r:n-c3ble orovtce'* problems. nay: FCC Privacy Act anc use of tne s/sten Julv- Subscriber Surveys Concerns l had for Triax 1.K-12 Private Schools Holy Name School in nedina recently installed their own cable system Triax was asked to cone out and give a cost for service to their school. Tneii ’* intent is to charg^ the school the basic fee ($20 99) plus $3 50 per each additional outlet. Holy Name has approximately thirty outlets, thus their monthly cable bill would be $125.99 From my researv.h, Triax is the only cable company in the metro area that charges fee's to parochial schools Looking at the systems next to us. Ki. g Videocable Northwest provides free services to all K-12 and post secondary schools Paragon Cable provides free service to all public schools and only the basic cade rate for parochial schools. Holy Name would be napp. pay the oasic monthly rat? Out could not afford to pay $ 1 25 ^9 monthly rate » told Triax that this iS unfair and would like to nave a reason for this policy Triax responded that they will look into this and have an answer at the next commmsion meeting i EC'¥ [y- ■5,gnal Return Language ! n,aoe a -nottcn tnat T^-ax araoare language r:orc^as ‘sV;-:nrTnlrwnrnal7'tn; fa =guagV:r4ar7gr:ne na. comtii.3Sion meeting. 0? Tu DM c Access rules -.ax resgoncec mat .t wcuic ce taken care of immea.ately. nowever it took several weeks :: remove tne advertising, r » T ■ t I ' aft i I ifciil •'.i - . '■ b* f1^. V 'r r. 1TOt FBON: omt Mayor and City Council Hark E. Bernhardson, City Administrator March 27, 1991 32791.6 SQBJBCTt Highway 12/Corridor Recommendation « Attachment: A. Draft City of Orono Position Adoption B. Letter of Transmittal to the City of Long Lake C. Draft Letter of Transmittal to Minnesota Department of Transportation % ISSUE - Determine if Council desires to approve transmittal letters of its Highway 12 corridor position to the City of Long Lake and the Minnesota Department of Transportation. INTRODUCTI(W - At the Council's March 25, 1991 Council meeting they adopted the Planning Commission's recommendation absent the last paragraph. Staff was then directed by Council to prepare transmittal letters for the next Council meeting. Attachments B and C represent those draft transmittal letters. In addition the Mayor sent a letter of thanks for the excellent work of the Planning Commission. This was transmitted to the Planning Commissi<Hi on March 29, 1991. DISCUSSION - Latter to Long Lake - In the Council's March 25th discussion they i{indicate?# while deleting the issue regarding consolidation, that Planning Commission's recommendation should be referenced in a letter to the Mayor together with indicating the City's willingness to sit down and discuss the impacts of this recommendation with the City of Long Lake. Minnesota Department of Transportation - Given the concern for specifying the design and the discussion as to where philosophy leaves off and design begins, the issue of design is referenced in that letter. ALTCVNATIVBS - 1. Adopt the letter or letters as presented. 2. Amend and adopt. 3. Table for further discussion. 4, Choose not to transmitt. RECOMMBNIM^TION - After the Council has made any amendments that they would desire to the letters of transmittal that they be transmitted to the respecitive agencies. PROPOSED MOTION - Moved by seconded by that Council I:.- ^ adopts letters ,of transmittal to the respective agencies and dlrectes staff to send those on April 9, 1991. Ayes _, Nays _. % AOOPTBD CITY OP OROHO/BICHNIiy 12 POSITION ADOPTED HARCH 25, 1991 EeTlew of ProfroBB TTt^QM^r 4 is,;-:'r:!- I, )4 I r:; ' ■r ■' (t-v-V ‘‘-i 4- ' .* ' M. In January the City Council requested the Planning CoBnisBion give it a recommendation on the Highway 12 Corridor process. At the work session held on February 6th, Commission members defined the scope of their review and the specific issues to be addressed by the Comnission as Council had provided no specific direction in their charge to the Planning Commission. The Planning Comnission concurred that the first step would be to define a series of goals and policies that would set forth the ^>f*N®Nork for discussion and finally support a final racoansndation. They agreed that the recommendation must include a specific location for an east/west corridor, the type of corridor or upgraded road to be installed and potential Impact upon existing toning (land use) within the City of Orono and ii^>act of an east/west corridor on adjacent cities. For the record, this recommendation has been developed without the benefit of the findings of the modeling and traffic forecast study by Howard Needles t Associates to be completed in April of 1991. Their final recommendation was influenced by specific written/documentation, comments of the professional staff and consultants for HNDOT, Metro Council and Bonestroo, Anderlikf Rosene ft Associates and are specifically listed as fellowst 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1980 Community Management Plan of the City of Orono. Intent of the zoning districts within the City of Orono. Sections from the Metropolitan Development Guide/Policy Plan. Plan for MNDOT Safety Improvements for Highway 12 scheduled for 1993. Coasients of Carl ohrn. Principal Planner, Metropolitan Council. Comments of Larry Dallam, consultant for MNDOT, Highway 12 Project (Howard Needles ft Associates). Comments of Natchez Diaz, Transportation Manager, Metropolitan Council. Comments of Gary Rylander, Transportation Engineer, Bonestroo, Anderlik, Rosene ft Associates. Mritten and oral comments of citizens of Orono. Minutes of the Policy, Citizens and Technical Committees for Highway 12. Comsients of concerned citizens groups of Long Lake. Inforaial comments of an Oruno School Board member. ■ ^ . Adopted City of Orono/Righway 12 Position Page 2 The Orono City Council reviewed the Planning Commission 25***T5Jl ”iDeeting”^ adopted the following position at their March 1. 2. 3. 4. 5. C. CITY •: I CIL OP <»OMO/RlCBWhT 12 POSITION AOOPTID MhltCB 25, 1991 goals a..d policies of the 1980 Community Management P*ao a^s still appropriate and should be restated for these discussions. The designation and/or new installation and/or upgrading of a corridor through the City will not result in the rexonlng to coBMrclal or industrial of abutting lands nor the expansion of existing commercial or industrial zones. No An curr#i)^ xonlnQ shall bs consldsrede The City shall support the views of its residents but final 4 ^*1[?^**^^®*** ^ based on a comprehensive response toimnedlate and future transportation needs. The upgrade of Highway 12 is necessary within the Orono/Long Lake area because of safety factors. To encourage all levels of communication between the Councils, Planning Commissions and citizens' groups of the Long Lake and Orono. To encourage a forum for the exchange of ideas and concerns for the purpose of developing a mutual plan/agreement between both cities. A) effectively and safely handle traffic (not via a freeway)I establish corridor to plan around; minimise time length for property owners caused bv uncertainty as to highway location; develop corridor as close to present as possible; limit residential impacts; protect the natural environment. B) C) D) B) Adopted City of Orono/Highway 12 PositionPage 3 Corridor Location The Planning Commission recommends against the creation of a new east/weat access corridor through the City of Orono and recommends that only existing corridors be considered to minimize i**P*ct on existing land use. The Planning Commission unanimously agreed that the southern corridor that both intersected and would use sections of the right-of-way of the Luce Line were unacceptable based on environmental concerns. The majority (6 to 1) recommends Highway 12 rather than County Road 6 because of the potential impact on rural residential zoning adjacent to County Road 6. The Planning Commission viewed Highway 12 zoning to be store compatible with an upgraded corridor. The minority opinion asks Council to consider County Road 6 beginning at Highway 101 rather than a future road linking 4-lane Highway 12 at east border of Orono to County Road 6, the reason being that there is more unused^ undeveloped area adjacent to existing road. The upgrade of County Road 6 would have less impact on existing development than the upgrade of Highway 12. If the current upgraded corridor reverts to a freeway at a later date* County Road 6 is at the northern border of the City and would not result in physically dividing the City as would the upgrade to a freeway of Highway 12. The Planning Commission unanimously encouraged the City of Orono to work with MNDOT and the City of Long Lake to expedite comprehensive safety improvements to Highway 12. The members are concerned that the needed safety improvements continue to be delayed now to 1993 and based on future budget limitations may not be realised in 1993. Design of Upgraded Rood unanimously recommended that a "minimum width right- of-way* roadway ("less than expressway") be constructed with a concrete median barrier separating opposing lanes because of space limitations. They strongly recommend against this roadway ever being upgraded to a freeway status and would prefer to have speeds not exceed 40-45 m.p.h. within the City of Orono. The Planning Commission strongly encourages the Council to carefully consider the findings of the modeling and traffic counts in order to determine how much of an upgrade is needed and that based on where the needs are from the west, that Highway 12 should not be the only alternative considered for addressing regional traffic flow and pressure frcm the west. w FW K Adopted City of Orono/Highway 12 Position^age 4 lapect Ml Ixistlng Sooiag The upgrading of Highway 12 shall not result in the creation of new consiercial/industrial soning districts within the City nor shall it encourage the expansion of existing conaercial/industrial districts. The existing zoning along Highway 12 will be cosg>atible with an upgraded roadway and that the kind of transportation needs addressed in Comprehensive Plan Amendment #2 be considered for all developments adjacent to Highway 12 (development of service/frontage roads and prohibition of direct access onto Highway 12 for new development). Bichibits are available upon request. lev m is i :b n ■ 'A-^ ^ CITYof OR( ii “u »l ••Jr •.% >* "V . ir I •A* Mwicipii CWHm Prul Office B«w M Cniui Ba«, .MIhmsdU 55323 March 29, 1991 Mayor Batsy Swactwood and Council 'Members City of Long Lake P.O. Box 606 Long Lake, MN 55356 Dear Mayor Swartwood and Council Members, At the Otono Council's March 25, 1991 Council meeting they adopted the attacned statement as to their position regarding the Highway 12 corridor. This recommendation is largely the work of the City of Orono's Planning Commis; .on which held three special meetings during February to study the issue. We found their report to be excellent and made only one change in that report which entailed the deletion of a paragraph in which they encouraged the cities to jointly explore consolidation. It was ^•Xeted because we do not want to indicate that the City of Otono linf uny goal in any consoldiation apart from a way lo better oorvo the citizens who reside in both communities. It is our hope that you would be willing to sit down as a Council with us to further explore the impacts of this recommendation within the City of Long Lake. Thank you for your cooperation Sincerely, Barbara A. Petet-son Mayor cc:Counc ilmember s Planning Commission Members City Adunlstrator Department Beads 1XtJDfi0ME-4O''O57 • (XX-4045m ■jr.’" k' PBRIFTf \CL Mr. Steve Hay Project Manager/Highway 12 Corridor Study Minnesota Departaent of Transportation 2055 N. Lilac Drive Golden Valley, MN 55422 Subjects City of Orono/Corridor Recomniendatlon Dear Mr. Hay, Attached is the adopted position of the city of Orono regarding corridor location. This is a result of work done by ths City's Planning Commission, which was received and adopted by tbs Orono City Council at it March 25, 1991 Council meeting. The Planning Commission work was a result of an assignment given them in January by the City Council and a series of three meetings in which they got background, had a public input session and ® proposal during February. They subsequently formulated a recommendation that was adopted as the Planning Commission's final draft on March 20, 1991. The intent of proposal is to give Minnesota Department of “****P®^^®^*on its philosophy in how it looks at a major arterial passing through the community within the framework of its Comprehensive Plan, a specific design to meet that philosophy would be the appropriate role of the Minnesota Department of Transportation. This is a strategy that wo.ked successfully for both the City of Orono and Hennepin County Department of TransportatiiMi in the improvement to County Road 15 back in the mid 80's. We look forward to working closely with you as the selection process continues. Sincerely, Barbara A. Peterson Mayor Enclosure cct City Council Planning Commission Lawrence Dallam, Howard, Needles, Tammen & Bergendoff 1 i’- i ii I ■ii 1 If te' R m.si*te' I i'-h.rfm. 3 ->*^o 1 a ■Y % TOs FBOM: OATBs Mayor and City Council Mark E. Bernhardson, City Administrator March 27, 1991 I SUBJECT: Sandy Beach - Swimming Beach Attachment: A. Memo Dated 3/21/91 B. Adopted Park Dedication Ordinance ISSUE “ Determine what action, if any. Council desires to take baaed on the Park Commission recommendation not to install a dock at Sandy Beach this season. IHTROPUCTIOH ~ At the Council*s March 25, 1991 Council meeting Park Commission presented their recommendation regarding Sandy Beach Resort which was a four part recommendation. That the Beach stay open to the public No dock be installed for 1991 That the current closing hour of 8:30 be continued Police patrol be increased At that meeting Council requested that staff provide information as to the cost of providing someone there to supervise during the summer on the hours on which it is open to act as a deterant to inappropriate behavior together with providing life saving function. DISCUSSION - In response to the request the following information ia presented as to estimated cost. Currently the City has not budgeted specifically for this type of function and although the City staff is creative, probably would not be able to develop a means by which the Cl v 'uld legally use park dedication funds for this purpose, as theev ?re specifically limited by statute. (Rmfer to Attachment B.) Financing would need to come from the City's fund balance for 1991. The costs for an attendant/life guard will range from $5-7.00 per hour for a range of $3,900- $5,400 total. ALTERNATIVES 1. Adopt originial Park Commission recommendation. That the Beach stay open to the public No dock be installed for 1991 That the current closing hour of 8:30 be continued Police patrol be increased % adopt the recommendation.2. Amend c\ ^S^Bi||^yiiient of adult supervision during 1991. 4 ter mi nation of recommendations. RECOMMENDATION - It is recommended that the Council adopt the iiaiftn recommendation for 1991 with the issue of whether the dock had an impact to be revisited by Park Commission by approximately July 1, 1991, if that is ineffective that would continue for 1992. If not, the City could then in its budget cycle place monies for employment of adult supervision of that beach in the 1992 budget cycle. PROPOSED MOTION - Moved by _, seconded by _, the Council adopts the Park Commission recommendation regarding the swimming beach for Sandy Beach for 1991 and further directs the Park CommissioTi to review the status on about July 1, 1991 to make a recommendation for 1992, particularly if those recommendations have a bugetary impact. * *es __, Nays __. cc:John R. Gerhardson, Public Works Director Richarc' Flint, ParP Commission chair r»; I. is- ■Ii r', 'i:’ L^: • t;/-' Vr:"'' r - 1 -. ,1 K-’ ft ••il- ft"' \ik-r ■u'r' ■ }'/■ li ft I ?!?I-IIftI: P'^ti- B #Mf' ■ K.' M':'.|r;-vte'.i, Tds Dst*s Mayor Peterson 4 Orono Council Members Mark E. Bernhardson, City Administrate^^ March 21, 1991 Subjects Sandy Beach Swimming Beach A - Sandy Beach Memo Dated 3/14/91 t« ••t do^. Determination what action, if any, Council desires to ed on the Park Commission recommendation not to install a Sandy Beach this season. IMTKODOCTIOM - See Attachment A. While the recommendation is to resKSve the <iock, the swimming beach itself will be open. ALTERNATIVES - 1. Accept the recommendation. 2. Direct staff regarding installation of the dock. 3. Discuss any other alternatives to address the issue. RBCONNBHDATXOM - It is recommended the dock be removed as a trial for 19^i to see if there is a marked impact on the problems in this area. (Because of continued low water, these dock sections would be used in other !locations which previously had docks hut did not last year because of their use in other areas. Th*se ureas were Lydiard Beach and Casco Point Road.) PR0P08EL NOTIONI Moved by _ _, seconded by _ _, that Council accept \e Park Commission's recommendation and direct staff not to install the dock at Sandy Beach for 1991. Ayes _ _, nays _ _. 31491.1To: Froa: Date: Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director March 14» 1991 Subject: Sandy Beach Swimming Beach - Complaints In November 1990, the Park Commission heard complaints from adjacent residents to the Sandy Beach Swimming Beach. The Park Commission is recommending that the dock not be installed, the beach be closed at 7:00 p.m. and there be additional patroling by the Police Department. Mr. Dick Flint, Park Commission Chair, will be in attendance to address this matter as well as some of the neighbors. 1 Bruce Feldman 3898 Cherry Avenue Orono, MN 55364 August 22, 1990 Mark Bernhardson City Administrator P.O. Box 66 Crystal Bay, MN 55323 AL'G Z 3 12^0 Dear Nr. Bernhardson: Referring to our conversation last week about the problems I've been having with the public swimming beach next to my home at 3898 Cherry Avenue. This has been an ongoing problem since we moved here four years ag^. Listed below are some the things we discussed: 1. 2. 3. Teenagers using the area, usually 6-8 at a time, ages about 13-16, are very noisy and loud and constantly using foul language while they're on the public dock. In the summer it's usually from about 10 a.m. until 10 p.m. that they're using the swimming area. (Supposedly this area should be closed at 8 p.m.) We have been unable to use our deck and barbecue area when we have guests because the language gets so bad. Also when we have grandchildren over, it's a bad situation when we can't let them play in the yard or on our beach because of the bad language they're being exposed to. When we get home from work my wife refuses to sit outside because of the noise and the language. We've actually had to come inside and close the doors and windows. We've tried to talk to the children in a pleasant manner and ask them to quiet do«m or watch their language and they either pretend they don't hear us or sass back. During the day when my wife and I are at work, these same teenagers are throwing rocks at our dock under the boat canopy and have damaged my boat. There is a sign posted asking people not to bring dogs down to the beach area, but this rule is also constantly being ignored. People bring their dogs down to the water and let them run into our yard unsupervised. - 2 - 4. We've had other abuse to our property, such as finding condoms in our mail box and matches that have been lit and thrown into our mailbox on our mail or newspapers. We don't feel we've done anything to provoke this situation. It's probably typical of unsupervised teenagers. The little children that come down to swim with their parents are no problem. I truly feel that we pay a lot of money for the privilege of living on Lake Minnetonka, and that it should be an enjoyable experience. Hopefully you will try to understand validity of our complaints and either act to close the beach or at least don't have the dock put in to discourage the teenagers from being in the area. Thank you for your time and hope to hear from you favorably refarding this situation. ) Bruce Feldman V QRONQ CITYof ORONO Fosi Office Box 66«CryeLai Bay. Minneaota 55323 • Mimkspal OttoM On the North Shore of Lake Minnetonka Seotember 1, 1990 Nr. Bruce Feldman 3898 Cherry Avenue Moundr MN 55364 Dear Mr. Feldman: This letter is to advise you thot your letter regarding activities at the Sandy Swimming Beach is on the September 12. 1990 Park Commission agenda. The meeting starts at 7:00 p.m. 1 will be on vacation from September 10th through the 24th. 1990 and will be in contact with you shortly after I return. If there are any questions, please call Mark Bernhardson, City Administrator, at 473-7357. Sincerely, d / John R. Gerhardson, Public Works Director JRG/tln WBIMNG a ZONmC - 473.‘nST ASUaHUG AOMLNISniAnON 4 RMANCE - 4T3.‘T3» FAX-473451# PtHUC l%t)RKS - 473.735# Nl^iOTBS OP THE REGULAR ORONO PARK COMMISSION MEETINGHELD NOVEMBER 5, 1990 ATTETiDANCB 7:10 P.M. - The Park Commission rnez on the above date with the following members present: chairperson Richard Flint, Susan Wilson, Phil Bradley, Lester Kelley# Gilbert and Bruce Kokal. John Gerhardson, Public works Director and Steve Weckman, Septic Inspector represented the City staff. Alex Vongries was absent. APPROVAL OF NINUTBS - TOPICS OP DISCDSSIOH: - Sandy Beach Swim Area Bederwood Park Blke/Rike Trail Park Dedication Fees - wildhurst Estate Lafayette Marsh Jet Ski Ordinance Skate Board/Roller Ski Ordinance 1991 Meetings Community Education Joint Meeting 8AMDT BEACH SWIM AREA < John Gerhardson had sent notices of the Park Commission meeting to the residents bordering the Sandy Beach Swim Area and several attended to express their points of view. Tua September 12th meeting minutes were read. The action taken at that time was to not install a dock for the summer of 1991 at Sandy Beach and to close the Beach at 7:00 p.m. John Gerhardson reported that no swimming lessons had been given at the Sandy Beach area by either School District for the last three years. The following residents spoke concerning the Sandy Beach problems: Mr. t Mrs. Richard Nelson, 3908 ci-.-^rry Avenue The Nelsons live right next to the Sandy Beach Swim area and spoke of the contir uing problems of disruptive and abusive behavior by teens at the Beach area. This is not a single incident circumstance but a problem which has existed over several years. They do not want to cose the Beach but have requested dock removal and an early closing time to allow them to enjoy their property. Mr. Bruce Feldman, 3898 Cherry Avenue Mr. Feldman reiterated his position by reading his letter to Mr. Gerhardson, t := MINDTBS OF THE REGULAR OROliO PARK COMMISSION MEETING NOVEMBER 5, 1990 Kathryn Miller, 1635 Shadywood Road She has used the Beach with her family for ^4 years and thinks the 7:00 o.m. closing time is too early and that the children need the dock for enjoyment and to learn to be good swimmers. Jeff Johnson, 2835 Cherry Avenue Mr» Johnson thinks the Beach is an important area wide amenity which should not be cut off. He is opposed to a 7:00 p.m. closing time. Mary Opheim, 1430 Cherry Place , Mary has lived in the area for 19 years and thinks the Beach is a rea Community resource. She commented that many of the people in the area had not received letters about this meeting. She would hate to see the Beach closed at 7:00 p.m. After the Commission listened to the residents presentations, Mr. Flint asked for show of hands on how the residents felt about the 7:00 p.m. closing time and the removal of a dock. Four voted that a 7:00 p.m. closing time was too early and three voted that they were opposed to the dock removal. The Park Commission discussed different options for solving this problem of abusive behavior, noise, and property damage by certain teens who frequent Sandy Beach. Police protection to help with the problem was suggested. Les Kelley moved that the dock at Sandy Beach not be installed in summer 1991 and that the Beach close at 8:30 p.m and that more police protection be provided. The motion was seconded and passed. Ayes 5, nays 1. A motion was also made to request that the Police Chief increase petroling on a regular basis at Sandy -each. This motion was seconded. Ayes 6, nays 0. BBDBRNDOD PARK - Sherokee Isle and Linda Whitman from the Bederwood neighborhood group reviewed their Bederwood Park plans with the Commission and requested the toddler playground equipment be installed in the spring of 1991 and that the skating rink be useable by the winter of 1991. Mr. Gerhardson is looking into the possibility of leveling an area for a short soccer field for the use of younger soccer players. A motion was made to recommend to the Council the purchase of additional playground equipment for Bederwood Park and the creation of a recreational skating rink with benches to be installed in 1991. The estimated cost to be $20,000. The motion was seconded. Ayes 5, nays 1. NIiniTBS OP THE REGULAR ORONO PARK COMMISSION MEETING mnji NOVEMBER 5, 1990 BIXB/BIKE TRAILS REPORT - Dick Flint reported to the Ccmmission that the City Council had voted in favor of the developer on the Fullerton property bike/hike trail easement restriction. Orono cannot start work on the trail until it connects to something. The Commission is interested in pursuing the trail to the school. motion was made that the Park Commission requst an easement across the property between Willow Road and Old Crystal Bay Road south of County Road 6. The motion was seconded. Ayes 6, nays 0. PARK DEDICATION FEES - Wildhurst Estate and Lafayette Marsh Steve Weckman presented to the Commission the Park Pee calculations for wildhurst Estate and Lafayette Marsh, commisson members discussed the appropriateness of ° these properties. After consideration it was decided to accept the Park Dedication Pees. JET SKI ORDINANCE - The Long Lake Jet Ski Ordinance was reviewed and the Commission recommended the adoption of the ordinance re ating o the use of personal watercraft as approved by Long Lake. SKATE BOARD/ilOLLER SKI ORDINANCE - The Park Commission took no action as they felt they were not the proper channel for these decisions. 1991 MEETINGS - The first Monday night of the .^onth was selected as our meeting night from January through April ^^91. We will meet the first Tuesday night from May through December 1991. 03MMDNITT EDOCATION JOINT MEETINGS - The first joint meeting of the Park Commission included in the Orono School District was chaired by Toni Bergland, Community Education Director. It was attended by several Orono Park Commission Members. The following meetings of this group will be attended by just two members of each Park Commission to make the exchange of information easier. The Orono representatives are Jim Gilbert and Lester Kelley. ADJOO]10t30 P.N. pja. p.m The regular Park Commission meeting was adjourned The n.xt meeting will be Tuesday, December 4, 1990 at 7:00 ORDINANCS f » SECOND SERIES AN ORDINANCE AMENDING SECTION 11.62 OF THE ORONO CITY CODE RELATING TO PARK DEDICATION AND CASH FOR DEVELOPMENT OF LAND. follows : Th<? City Council of the City of Ocono oedains as Section 1. Section 11.62 of the Orono City Code is hereby amended and the cucrent fee schedule for park dedication fees is hereby repealed. Section 2. Section 11.62. Parks, Playgrounds and Open Space. A. Lands for Public Us^ Pursuant to Minnesota Statutes, (19'8'5T7"S’<^Ton 4ST.T38, subd. 2b, the City requites all persons, corporations or other legal entities that subdivide land with the City of Orono as a prerequisite to approval of a lot division, final plat, or development of any land previously divided by plat, metes and bounds, or any other means, must convey to the City or dedicate to the public, for use as parks, playgrounds, trails, or open space, a given percentage of the land being platted or developed as hereinafter specified, said portions to be approved by the City. In lieu thereof, the subdivider shall, at the option of the City pay to the City, fot use in the acquisition, development or maintenance of public parks, playgrounds, trails, wetlands or open spaces and debt retirement in connection with the land previously acquired for such puolic purposes, sn equivalent ainount in cash based upon the fair market value of the land to be developed. The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council based upon th«' need and conformance with the Comprehensive Plan. B. Dedicated Land Requirements. Any land to be dedicated as a tequirernent o^ this section shall be reasonably adaptable for the above public purposes. Factors used in evaluating the adequacy of proposed dedicated areas shall include site, shape, topography, drainage, geology, tree cover, access and location. C. Land Dedication Minimum Area. Subdivldets shall be requited to dedicate' to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultutal/Multiple Residential Zoned Land. /•s Dedication c^'quii-ment of 8% of th- land b^ing platt^'d, subdivided or existing lot of c^'cord. (2) Conunercial/Industrial Zoned Land. Dedicated r-quirement of 8% of the land b^ing platt*'d subdivided or existing lot of r«'cocd. the eouivalent undeveloped land that would otherwise hav#* be n convr?rd or dedicat*'d. The City shall account for such funds in a sp^'cial fund named Park Dedication Funds. P Pair Market Valu e of Lands. "Fair Market Value" for DUCPOses^oV this Coa^Thall be the land pre-development value to be determined by the City Council as of the time of preliminary plat application in accordance with the following: (1) with the subdividet. (2)If agreement is not reached between the City Assessor and subdivider, then the fair market value shall b. determined in accordance with the following: (a)Fair market value as determined by the City Council based upon a current appraisal submitted to the City by the subdividet, at his expense The appraisal shall be made by appraisers who ate approved members of SREA or MAI, or equivalent teal estate societies. (b)If the City disputes such appraisal amounts, may obtain an appraisal of the property by a qualified selects*ind^'Vi??"ipcaisal "may the subdividet. (c)The subdividet may appeal any final determination Of fait market value as provided by Minnesota Statute Section 462.361. (3)The determination of fair market value of th^ undeveloped land by the City Assessor, designated appraisers, shall be determined as of the tiae^f preliminary subdivision approval i: long as there is final plat approval within the time 1 inifcs as set forth in this chapter. The time of Jc%minacy plat approval is utilised because the nature of the subdivision, its probabl'' population, lot siz«' and value, and other relevant factors are known. 1f an extension of the time limits in this chapter is approved by the City Council, the fair market value shall be determined as of the time of the approval of that extension. In determining the fair market value as of time of preliminary plat application, or the extension thereof, the factors to be included in the analysis shall include any and all factors which are generally accepted and used by approved members 'f SREA or MAI or equivalent teal estate appraisal societies. (4)Notwithstanding the above, in no event shall the cash contribution per lot be less than $500.00 per lot or $300,00 per dwelling unit. F. Development of Land Previously Platted. If the land has already been previously subdivided and a~fee had not be^'n previously paid, the requirements of this division shall apply at the time of the issuance of a building permit for the primary structure . G. Future Subdivis ion. Any land which is further subdivided, divide? or replatted or applied for such subsequent to May 1, 1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes, and credit shall be given for any charges previously imposed upon that land if the subdivider can prove that fees were previously paid. In no event shall the City be liable for ®^y payment which may be due because of a subsequent reduction in the application percentage of land or equival^'nt market valu** in cash to be dedicated. H. Administrative Procedures. The City Council shall establish such administrative proc''dur«'s as they may deem necessary or appropriate* to irapl^'ment the provisions of this section of the code. Section 3. This ordinance shall have full force and effe'ct upon its passage and publication. Passed by the Coucil of the City of Orono, Hennepin County, Minnesota, this 9th day of --------------.e 1990. t — Jamfcs R. Grabelt;^ayot erk )L ORDINANCE f , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE #82, SECOND SERIES OF THE ORONO CITY CODE RELATING TO PARK DEDICATION AND CASH FOR DEVELOPMENT OF LAND. follows: The City Council of the City of Orono ordains as Ordinance #82, Second Series adopted April 9, 1990 is hereby amended by the repeal of Section 2, Subdivision F. Development of Land Previously Platted. This amendment shall have full force and effect upon its passage and publication. Passed by the Council of the City of Orono, Hennepin County, Minnesota, this 8th day of October, 1990. Edward J. Callahan, Jr., Act^g iMayor ATTEST : >4, -/L 'I Theresa L. Naab,Deputy Clerk Publish the week of October 15, 1990 in the Laker/Pioneer newspaper i-*: 32“91 TO: PROH: DATS: i'A ayor and City Council Mark E. Bernhardson, City Administrat' March 11, 1991 SUBJECT: City Communications % Attachment: a. City Communications Dated 3/20/91 ISSUE - Determine the means by which Council desires to communicate with the public as to; A. Types of communications B. Frequency of those communications C. Cost invested INTRODUCTION - At the Council’s March 25, 1991 Council meeting Attachment A was presented. It was the Council’s direction on a "Motion to Mull" that the item be continued until the April 8, 1991 Council meeting. ALTERNATIVES Issue tl 2 Types of formats; 1. Workshops 2. Town Meetings 3. Newsletters 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue |2 “ Ftequency/Topics ~ Attachment B outlines the matrix for a ^tential communications plan during the next year using the various media. RECOMMENDATION - It is recommended that after Council discusses Tt^ give direction on which means of current communication they desire to continue and which new ones they would desire to implement. Futher specifics will be brought back to the Council's April 22, 1991 Council meeting. PROPOSED MOTION - Moved by __, seconded by __, the Council after giving direction to staff tables further consideration until April 22, 1991. Ayes __, Nays __. ec: Department Heads TO: Ma|^ and City Council FS0I>1: E. Bernhardson, City Administrator DATS: 31491.1 March 20, 1991 SUBJECT: City Communications Attachment: A. Strategic Development Issue - Communications with the Community B. Mound City Newsletter - Summer 1990 ISSUE - Determine the means by which Council desires to communicate with the public as to: A. Types of communications B. Frequency of those communications C. Cost invested INTRODUCTION - The issue of broader communications was broached back in 1^87 with the result being the initiation of the occasional Mayor's Article series. The issue has again been raised and was included as part of the Strategic Development Issue document each of the CounciImembers has received. At the Council's March 11, 1991 Council meeting a format was presented by Sherokee Use as a reaction piece for a new newsletter. DISCUSSION - Attachment A delineates the various types of communications that the City can undertake with the public. The primary means discussed recently are as follows: A. Public information meetings (apart from regular Council meetings) A. Specific workshops focused on particular topics such as Highway 12 or facilities. B. Town Meeting - Both public input and public information format has been discussed with an Initial meeting set for April 6, 1991. B. N'*wsletters - The City of Orono have over the years has taken various formats for newsletters. These however, have not been long lasting. The issue was discussed as an option during 1987. At issue are the following: Format Size Frequency Cost city Cominunicat ions ?lacch 20, 1991 Page 2 of 3 As you will note in Attachment A an estimate was made back in 1987 on the per mailing basis for these. It is anticipated however the annual cost based on Mound's current newsletter are as follows: Part-time "Editor"/Assembler Printing Mailing $3,000 3,600 2, 500 $9,100 This does not include staff preparation time, which is a "no cost" figure, but in fact detracts from other issues. It is anticipated that each newsletter will probably take about 8 to 15 hours of staff time in origination and review apart from production costs. The format and frequency may have an impact on that issue. C. Newspaper Articles - Apart from public hearing notices and newspaper articles that are placed by the paper primarily for Council meetings the City has a previously mentioned the following means of communication: City Column - Under the old heading the Mayor ’s Article which Council has requested to change -o "From the Council Chambers" is a format that can be done on approximately a monthly basis generally addressing one or two topics of current interest to the public. Preliminary Agendas - This started in about 1987 the City continues to put in preliminary agendas in the newspaper the weekend before each Council meeting. Council Meeting Reporting - Currently 3 reporters attend regular Council meetings. (Coverage of the Pioneer is addressed in the City Administrator's information.} D. Cable TV Tonka Report - For the past three years on a contTnuing basis I have participated in a City Administrators format on a monthly basis discussing what is happening in the community together with any specific topics that are common to all the communities. It is anticipated that viewership of this is fairly low, but for the few people interested it does provide an Orono presence on Cable TV. city Communications March 20, 1991 Page 3 of 3 Council Meeting Cab le Casting - This issue was discussed a couple of years ago as to on a tape delay video taping Council meetings and using that tape to cablecast those to the community. Based on the need for volunteers to man cameras together with the limited space in the Council Chambers this issue has been delayed with the possibility of including necessary cameras and communication in any City facility. (It may be worth exploring having the cable company fund at least a portion of any cameras and communication equipment installed at the Council Chambers for this purpose.) D, "City Handbooks" - Given the diversity of the Community and often lack of identity, together with the fact many of the issues such as building permits, hardcover, lakeshore issues are reoccuring that undertaking a City handbook sent out to all current residents and given to new residents possibly through Welcome wagon may make much of the reoccuring information available. Given that things do change, it would need to be periodically updated. ALTERNATIVES - Issue #1 - Types of formats; T. WorksHops 2. Town Meetings 3. Newsletters 4. From the Council articles 5* Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue #2 - Frequencv/Topics - Attachment B outlines the matrix ^t^ntial communications plan during the next year using tlie various media. RECOMMENDATION - It is recommended that after Council discusses lt7 give direction on which means of current communication they desire to continue and which new ones they would desire to implement. Further specifics will be brought back to the Council's April 8, 1991 Council meeting. PROPOSED MOTION - Moved by _, seconded by _, the Council after giving direction to staff tables further consideration until April 8, 1991. Ayes _, Nays _. COMMUNICATIONS WITH THE COUrnTNIT? ISSUE Means to provide information to residents. “G- Mewspaper coiumn/City iniriate - Preliminary Agendas - Mews releases - Newsletter/Dirsct mailing - Regular - Special events - Cable TV - "Tonka Report" - Other format - Video cast Council meetings {delayed video cast] * All * Selected - "Workshops"/?ublic Information Meetings on special topics - Direct information mailings - Selected mailings to effected groups (i.e. variances^ special assessments) - Video/Computer - Interactive information kiosks (Probably not feasible at this time from a cost standpoint) Current Status The City has used: A. ) The "Mayor Article" format on an occasional basis since 1987. (The last proposed article for facilities, in October was not placed per Council direction.) . „B. ) City Administrator monthly appears on the joint city cable "Magazine", "Tonka Report." C. ) Preliminary agendas are placed in the Pioneer for the addition that comes out the Saturday before the meeting (4;30 Tuesday deadline.) D. ) Notices of items on Planning Commission and also special assessments to abutting residents. E. ) The City has used special mailings to effected groups on selected issues such as Stubbs Bay sewer. F. ) The City anticipated use of a newsletter format on the facilities to all residents prior to public hearings/referendums. C.) The State requires the Truth in Taxation notices. Apolicable Document(s) Public Information Memo Dated 8/17/87 Public Information Memo Dated 8/17/88 / 91437.1 Tot 2. Mcr^w^r Ofon^ >1,w• w-• «*. Omtmt •object Mayor Graceic • Mark E. Bernhardson, City ;idministr3tor August 17» 1987 ■ • % p\2blic Inforrnation News latter Articles - Marketing/Evaluation of Mayor's-;,, •**"*?T*PubUe information and Marketing Memo Dated 1/29/8 ^..o. - Determination as « “a" erenHor-. tgf**ilayor-s Article’ f ea for iu mn^ly ‘newsletter’ to the community • y — *Or Its rowiiteae^j —----- j w n InMOduetion - One of the jg®“^l**o^|ommunicate information a: 2S=5Srn»T?fr^"’filfe^unoMing .v’ents in the month to the citizens ■Saal i'onowlng in the month to the citizens earrent events ^i.’explored and it was decided, • * Oreno. Back in of suLission of a Mayor’s Article toS;;:r ;;c’k“Vn v.bru.ry'this «.. ;ryor”s Article to t: Sntb trial, to try the articles ..ave been sutoitt. the paper m the first week of the month. means in niost cas' ileenaslon - This format has P'®''*" ni^^.^whTlV* th^^ Tubstance h HltlSg^a PCi»«Py «®f^« ““^.tulator? Srob?4s. in the message bei *““*!i “ teSTTt IttlsAVd’ to be fairly timely as to upcoming events. mile the City Administrator has not ehat^the*peopl^do read th<5ti?l2T «i?lSSrrt.ent Heads have indicated that lEkt'iVnMU S::%\Vn%?e?nerf“rorth%\%'articles by the contra, leiss. H« sltsrnativs to this t n«wslettsr.^^*It is sstiinatr »aaiap would bo going to a monthly 85,000 for a yoar. . iSiff for tho Hayor*s Articla.ass so*^ re-jve- ----------- . format \ ^S®Sm.%h^%^y:a'r%%TtVat'^riU o7rhl's’b:"on'e in August < ;.TA55Siri?Se^%t meeting. Aye. nay. _• f TO:Mayer anc -i FSOH:Mark 3ernhar OATS :January 29, SU3JSCT:Public Infer issur -The issues in ri m ^ 1 S* ^ • c I relation -0 ‘z'r.e subject are as roixows; desirs-i ijr— 3. '**be albarp.arive Tieans oz sc ccmr.cr.icac-r.- C. Cost of a rncnchly newsier ^ a •• tjit^ODUCTION - on an occasional ^ Rave sucmTTEed article, ^nc inclusion on s space ^ i^ie^.nsx.. „dC oe„l-._^_^^ ^"^Jon%ape "s ^Vv ^do^ necessarily ger to everysubscription pape.s ..^ . ^ sporaaic household in the comraun--^. however the types or basis had also put ^ ou- articles that have been information included of a ceneral bacicground recently put in events,information nature and not one .hat ado.-s^es nlSCOSSION - •??•» "gijmf«tiwicate to tneit v.onutiu..----s --- - Sxolanation of operations - Ordinance and ordinance changes - Service information _ - programs and registration intornat-on - Long term direction information - tjpcoming meetings and agendas - Significant recent events C.rt.in types of this ®„“'c®h«*noVa when it IS b.ea^n in'dicstion howe.st, on tSi« critical issue. t tu-,. would like to use this as a means part of the j5ar/iciDation in the process. To do this*'«ou‘lV requite a vehicle chat would provide for timely Information on a tegular basis. mav meet this would be a short monthly SeJslVttJr that would incorporate perhaps three items. - Recent Council actions and other pertinent City ¥ t f - - actions^ ^ ^ . _____;— '--cncil issues of s:unir:canto ^r^j'afllcf.cV/'-karr :Vs-. 3b.-.-.:r., pr.j.r--; ownebb. h • _________ =“r.e asoeot• ^r--s-•'••'a itens ,3...--^---------iwief infoc...2 —••.*- of servicas,'ocerations . • •3 ** such a Eornat a\'l oT* however it ®*X, ^e items coming u? m ^ j,nor necessari*/ an-.c-r _ -;^e extent -..at ?ej3? - montHa Obvious.'/ the _ identiriec .............o assume that all Sagni.^ thincs may happen: their consideration tnat one w. . . - VI bo- ■■■■? council a003 on a ' "‘sV^nrAcan^'inas wikh'ouk prior announcanenr . • 'v^K-a-'-'n an item pending - Delay m VncV-^'cation in the newsletter, appropriate not—caii.'-'i ..,rr,r.n» aSWSLETT^ - j! 3ouxd nave tne toxlow...- 'Tiard Costs" -Drinting 3,300 topies - Mailing -_ Printing, Labeling, Folding (l-Sxll shee _ _ ^ S150.30 13.30 160.30 t) HARD CDSTS $315.00 a = sssas»a Soft costs - S aff preparation g^ai" oroduction^ ‘ sorr COSTS $30.00 53.33 $30.30' ss S3 s a AB alternative to sucn iroUTl’V/VAe-nVa; l"AVas^-^^ oC format to be £ ti,is tyoe of arrangement in ° . i"Vot each new«p*P«feach new«P*P«r ua««* w..— .. 11 ii. ia recommended as neither the hat Pt--V°:.w^A%p«V%-AAnVtn7,’"t;p. Ot eot»at would achieve the typ« of t«aul^ ceeoumendation would then be ?lc%Vc-7nV‘An co‘nj.S.ction with 1998 budget process. r ,1 PROPOSED mot:c:i - :;5-« jt'U• xploce further aeans ra conni.a*Ca.3 an as ..ne..'I------<-4 rtni •=''-area the Oror.o community in oroer topossible Items or signi-.canc- — 7 !; mat‘^'3 affecting Jh^c^mmunitV and to'^ring bac!< a recommendation regarding a newsletter at the ^933 ----- -r-u-a^. , — — ........ ai788.2 r »I 4 J-:. Myor and City Council H*r>i Btrnhardion# City Adniniatrato ca»a isu! AUG 22 i«33 wT/ OF ORiJfiG i«C .** August 17» 1988 . . - s Public Infocaation - Markatlng/Svaluation Mayor*< (••MLtt.r . - ■ .. • ^ « _T / ,»•> . *: »• • i.- • •*.' ••• •" ■• •- ••• , .* •••••. v^r'^^A8td€h*#nt* A» Public infocaation Dated 8/17/97 . .........................riggg - a— Attached. ^J^^fe^IHTllOOOCTIOM - Poc the paat seventeen nontha the City *»aa on a '‘•^^^^^ialcTyTeoular baaia {generally monthly) had an article publiah^ 5b J o£ the local papers. The articles when ar.baitted to the ■ ‘^Pioneer have always been published in the Pioneer however, we .>^v; " have net always had the sane success with the Waysata Weekly hews because of apace limitations. In addition the City has since —V • •'ff m. . •* . • • «. ll!* - '• aSJiiliatelV £Ust of the* year on a regular basis published^:?;.- the preliislnary agenda Cor the upcoming Council meeting.' ’ 4c:*<“- - 'DXSCUSSXOtl - While perhaps not as regular as it should be, the 'lornat rrone that is fairly easy to work with and can generate inCoraation to the community in straight forward inespensiye . manner. Xt is estimatad that if the City were to go to a s Hff^^^tter format that the cost would be substantially more and „ a.'- V • nevexeccer coxraaK tnaw w.'» v —^ ...... -- —--—v------ V probably done on a once every quarter basis and provide “ H’n subatantially more time commitment by the staff to have «har . . .T.:. -.i; -' '* ' ■ *•dene. w. •••<» -• *2i ..X »1. - • • •«. * V .• • - __ . - .• ^ "* '-j-- ' I*inirv on the v - -u.* . {f JSiS^ »**!> *"• ■o"‘Kiy foc»««< a. Table awaiting further input from the community on the. ;-dftlelmm. : 1,.■ J. tiadertake to budget for a more formal newsletter format. . • ■ -. • ' ■ ■ " - •• •• ' . Table diacuasion. • - • ** • •^^^%5i"Ceaae doing newspaper articles. '■ • . 'J;'-..v ~ • '^^^^'.maeoMNaMOATXOll - xt is recommended that the Council table the TOme“ontil' tKe September 28, 1988 meeting to see if ®5 .v!M"^>the coaamnity find it to be of assistance and if so, recommend ;;^S^Ttbat we continue in this manner. .w - #SW .•••• “• “^*^-~lPIBf0S*0 MOTXOll • Moved by , seconded by that Ccuncil table ^‘•!T**^the taame until September 28, }**® determine *JJ* ^*** mmmaunitv if they find the new articles of ess.stance. Ayes «ac r' w • T^v •• • Mpo _ —'.iv-S ___w. / I «I «- 4 - I Uii I UU-NI--1U A Quarterly Publication From the City of Mound Vol. 2. No. 2 SL ’nrrT^e" "990 City’s History Preserved In Mound Depot.• • When Millie Banks enters the Mound Depot, she sees more than the historic building that is now used tor coniniunity functions. She sees furn-of-the^entur>- families, dressed •n their Sunday best, stepping otf the train, bound for t.heir summer places on the lake. .At a: years old. Millie recalls the heydays of Lake .\linne- tonka during the early part ot the :entur\-. •‘When I was young, people didn t go up north! they spent their summers or summer vacations on Lake Minne ­ tonka and they came here by train." she recalls. So busy was the area that five commuter trains ran daily from the cities to the lake during the sum ­ mer months. Banks and others of the Westonka Historical Society believe tha t residents know little of the area's rich history: nor do they know the important part the Mound Depot once played. Banks, a former English teacher, is in the process of writing a book. Minnetristfl .Memories, which will chronicle her life in the Wes­ tonka area. . -'L. r* • a * Most Mound residents nssociatec the Mound ru::j:ni? has a lorn; h^sinrv *ha: tale- "Trk :n the ^ore^rourd desrnb^^ th^ ■Queen of the fniand Lakes, The depot, which was moved to Mound Bay Park in I96“, not tne onuinai train station. In 19 4 4 the ongmai depot, which stood aonroxi- Depof .\found fl<n* ParK Put. this •Un rvf Lu.ke *»f <^j^2PT^lrnrrp of f.nke \finnpfonkn. mately where First Minnesota Bank is now !ov_nted on the corner of Commerce Blvd. and Shoreline Dr. burned to the ground and was quickly rebuilt to continued on ne.xt po'ze Mound’s Future Presented at Upcoming Public Hearing I What will Mound look like in the year 2000? A partial answer to this question is contained in the Mound Comprehensive Plan Up­ date, which has been assembled by the city’s Planning Commission over the past 18 months. The Commission has scheduled a public bearing on the plan for Monday. Inly 23 at 7;30 p.m. at City HalL At this hearing, the Commis­ sion wishes to hear comments from residents on their views of the city at the turo-of-the-century and spe ­ cifically. comments on the content of the plan. A comprehensive plan is an assembly of maps and text dis ­ cussing existing and proposed land use. housing, transportation parks and recreation areas and o'lher public facilities. The plan also contains a set of goals and policies that are intended to guide development decisions over the ne.xt 10 years. Additionally, the plan forms the basis for future modifications if the zoning ordi ­ nance. In the Twin Cities Metro­ politan Area omprehensive pians were mandated by the passage of the 1976 Land Planning Act. In re­ sponse to the legislation, a pian was prepared in the early 1980s. The cu.Tcnt comprehensive plan update builds upon the earlier plan. In accordance with the law. the .Mound Comprehensive Plan is rn tho ravriAw nf the Metro ­ politan Council. Their review, which will occur after the public hearing, will focus on the plan s consistency with what are called metropolitan systems. Metropoli ­ tan systems include transporta ­ tion. auT)orts. parks and open space, sanitary sewer capacity’ and solid waste. After review by the Metropolitan Council, the plan can be formally adopted by the City of Mound. Copies of the plan are avail­ able for review at City Hall and at the Mound Library Mark your calendars for July 23. Come to the Planning Commission meeting and share your vision of what Vlound should be in the year 2000. rorutnut^ *“^rr accommodate the commuters “It was an t*xrinn« time and i boomins: area—-lil :he well-to-do families tooiv ine '>ne-iiUL;r train r;di! for their summer vacaticm a’v.r. from the cities Ban.KS savs She -ni .ni.. the dot-and-*fash sound oi *he 'eie- graph machine, "he shrill whisite >: i train coming down the trac.s and the women who wore their best dresses, which in »hose davs were long and hot with pient>‘ of petticoats. After the tram ride, parents gathered their luggage and restless children, also drassed in their best, and took horse- drawn cabs to their final destination — • summer home or one of the elegant resorts for which the lake had become famous. "From about 1917 on the local high school boys made their summer money by driving families by car from the depot to summer residences ‘ Throughout the early part of the 20th century Mound took on a festive quality each summer with ice cream socials and 4th of luly picnics to keep funtmer residents and tourists busy And. the streetcar boats were filled with summer tourists who wanted excursions to Big Island and the Excelsior .\muscment Park. However, the heydays of train travel came to a close with the advent of the automobile. Soon, summer visitors either drove themselves or moved to permanent lake residences and commuted daily to the cities. Even loads of freight that once could only be brought in by rail came by huge freight trucks. leaving the depot useless and abandoned. The railroad sold the depot to the Minnetonka Museum Association in 1966. with the stipulation that it be moved to a different location. In 1972 the depot was turned over to the City of Mound. Presently, the city and its Parks ffiH Open Space Commission are %vorking to keep this historic building In top physical condition. The deck has been temporarily reinforced while plans are drawn to r 'o that portion of the building. .Ad tional Improvements may follow. Editor’s Note: The Westonka Historical Society meets the third Monday of each month in the Mound Depot. For more in- formetion. call LaVonne Adams at 472>168S. If you want infor* roation on renting the Mound Depot, call City Hall at 472*1155. k lO i.li- ^*4 1 Oi MO U ND .. rri '.Veicome mitors? The City of ,\found recentiv installed a new roadivav sign, made of ;vnod raised fettering fo greet visitors as fhev ^nrer ?tv This oftrartn e <12^. ':'»e :s a departure usual <r^r^ Filing Dates Announced for Mayor and Council Posts Although the 1990 elections .ire months away, those considering run­ ning for the position of mayor >r tor two council seats must file with the at\* clerk hetween Tuesday. Ai:g J8 ami Tuesday. Sept. 11. 1990. The mavor s post is a nvovear *erm, wmle the two city council are tour year ♦erm^^ each The'ie 'ifi- cers are elected at-large without uartv designation. The municipal eiection will be held m coniunctiun wun the stale and county election on ^ o\ o. 1990, To fi’e. interested parties complete affidavits of candidac*.. which are avaiiabie at ihe t.ii\ ..erK •> olfice in City Hall Office howr^ ire Monday through Friday rrom 3 i.m. to 4 30 p m. A S2 filing fee wii! he charged. Election Judges Needed The City of Mound seeks addi­ tional election ludges to serve at the Primary Election, scheduled for Tues­ day. Sept. 11. and for the General Election on Nov. 6. Any individual who IS a registered voter is eligible to be appointed as an election luuge. Fle.xible hours are available. .A training meeting is required before serving. ludges are paid S4 per hour. If you are interested in serving, please call City Hail at 472-1155 and leave your name, address and phone number. You will be contacted when election dates near. Recycling Incentive Called Recyclotto Rpc\ I si in ^t^und • ients li heditlu reward when the ^:l\ initiates an incentive program cailec Her^ s how *he will work: • its muiii.hv ineeiings. tile Ciiv fTnincil will iraw. at random, resi­ dent addresses for the monin. • Eacii we*^-.N .1 ::i\ representatwe will v-heL.N the address drawn at " a.m. If recvciing materials are it the curb, the winner will be noti ­ fied b\ pnene or by letter that he or sne has won. • The lotto wiil begin with S50 in WestonKd Dollars, which will be deemable it \anous area >tores. If the selectea juore.ss «ioes not nave recvcling out. the amount will be earned over to the next weeK. Recyclotto begins the first week oi August. If you have questions or need further information about iccy- ding, call loyce Nelson, recycling coordinator, at 472-1251 Watch That Crosswalk Shoppers are reminded to use the new crosswalk area at the recendy installed stoplight lo ­ cated at Lynwood and Commerce Blvd. Those crossing outside the walkway area do not have the nghtof-way. Besides that ja^'xvalking is against the law. Follow Thesf Keep Crimh when it comes to cr;me-ono:- mg. it’s the little thmi?s that count, says Communit>' Crime Prevention Officer fohn Evvald. Not only <loes that advice apply to home and personal safety, it also applies to businesses—both large and small. Ewald offers these tips: • Call the Mound Police Depart­ ment and ask to have a premises survey completed. Ewald will visit your business, survey the building and grounds and dis ­ cuss ways to improve security. • Pay close attention to door locks. But remember, a lock is only as good as the door it is on. A S300 lock on a $2 door will not deter burglars. • Proper lighting can make a dif ­ ference. In one of New York City's highest crime areas, high sodium lighting was installed on an ex ­ perimental basis. The result was tsps and 3ut T.a: ’.vis * iriit. City Cierk Elected to Professional Soard • inv.rnnmentai design will rooberv ever* more diificii.t Huw :s vour building land ­ scaped^ Keen <;hnibberv and trees juav rrom 'ne budding :ney wiil not conceal burgiarv attempts. Are lar^e vvindows visible from the streetl^ Don't paper your windows with ads that obscure street sun eiilance. • Internal theft supersedes shop­ lifting. Because emplovee thett can break ‘he back of a com ­ pany. review your cash-fianuhn.^ policies and take precautions so that your inventorv' doesn t go out the back door For more information or to have a premises survey conducted. i:all the Mound Police Department at 4r:-3rii. Building Official Begins Duties / A foa It Sudwriand bte anm Mound's now Building O/Fdal on July 9. SuCheriond has mol* than Ihroo yoors of oxperienco os a budding o/TIdal. fornwriy with Isanti County and with a cooporolivo veniur:: botwoo n Prior Loko. Sovoge and Scott bounty. In addition to his duties as build­ ing inspector. Suthoriond serves as head of the banning and Zoning Department. Suthoriond woloomos colls and visits from OfM oontracton or homoowners with quoetione on building praiocts. Coll him at Qty Hod at 473-1195. Mound ’s Crime Prevention Association Needs Your Support The Mound Crime Prevention .\ssociation is a coalition of area residents and the Mound Police Department. The associaron works to promote activities and protects tor the purpose of crime prevention and the apprehension of cnminais. Some of the programs assisted financially by the association induce the D.A.R.E. program. Child Safet\ and School Liaison programs, .Neigh­ borhood Crime Watch and Child Safe House, a TIP line for anony ­ mous information, rewards for enme and arrest information, the police canine program, community crime prevention (see article abovel resource materials ar^ *rc;nng. and for Operation Iden» ' .Membership is Mound residents a minimum SIO dor Additional gifts arv Recognition will bo gi\ *n to all donors. For more information on this program, call the Mound Police Department at 472-3711. *on. 1 all :hants. A required. f welcome. 1 r "'jr. Irjd.-k • /.ei.sjnijer Francene (Fran) Clark-Letsinger. .Mound Citv Clerk, was elected in # Mav to the board of directors for the International Institute of .Municipal ClerKs (il.MC;. a professional organi ­ zation for citv clerks. She will repre­ sent the region that encompasses Iowa. .Minnesota and Wisconsin. Clark-Leisinger has served as the .Mound Cit\’ Clerk for eight years. Slie has been a member of the associ- it:on unce 1982. As an active mem­ ber. she attended numerous annual conferences and served on the Host Cwmmittoe wiwn rhe organization held Its annual meeting in .Minne­ apolis. She also served as chairper­ son for the Stale of Minnesota IIMC .Memoership Committee from 1904 to 1905 and received first place in the membership contest for recruiting the most new members to the organi ­ zation Clark-Leisinger is active in other organizations, including the League of .Minnes/a Cities, for which she has ser/ec ior tJ’ * *^ast two years on the Electior.s and Ethics Committee. She is also active in local community affairs, co-chairing for the past two years the Mound City Days celebra ­ tion. In addition, she is a member of the Westonka Chamber of Commerce. Mound City Days a Littie Soggy But Fun Anyway Although the weather refused :o cooperate. Mound City Days can still be called a success. But for mud volleyball, you can’t ask for better weather! Weather aside, throngs turned out for the Grand Day pa'-ade .L ar.c the rire’.vorKS -iisridv pro-. be a highlight for many ,\nd the annual fish frv- to benefit the Mound Volunteer Fire Department served up fisn and ail the trimmings to mure than :.0d0 hungry caters Look at us Mom* This big brother took his little sister on one of the kiddie comivoJ rides to the deiight of both youngsters. On Sunday, caraivol conces ­ sion workers admitted thot nde attend ­ ance was down somewhat, but as one said. “It’s the nature of this business. VVe con bring smiles to kids' faces, but we con'I moke the sun shine. ' Plcver number 12 iooK j mikshi* ana sen: the baJi saiimc The annua, bad tournament gives area reams a :;v<v tiav opportunjtv fc <ee r' rre'* ’.^e ngnt srut'^ ” Mound Calendar ,'A\ OfficesSvpr. i Hciiaa\ riospd for the Labor Dav obsrn.ancc Sept.ft *Pnman' elections at City HdiL No Cirv Council meeting this evening. City of Mound 9341 Maywood R04d Mound. MN 55364 (612) 472-1155 • Rem.dina pick-uos are schenuied rnrr.' .Momiay and Tuesday • The Planning Commission meets the second and fourth Mondays of eacn month, beginning at T.2Q p.m. at Citv Hail. i I • The City Council meetings are neid the second and tourth Tuesdays of each month, begin­ ning at ’ M) p.m. at Ciiv Hail. • The Economic De\elopment Committee meets at r a.m, the thirn fuesaav of eacn month at C;r.* Hail, • The Park Commission meets at 30 p.m. the second Thursday of the month at City Hall. • The Citv Council Committee-of- iht-Whole meets at 6;J0 p.m. the third Tuesday of each month. Nonofofit Crg j S Pcstage PAID Permit No 37 Mourd MN City of Mound Council Memoers seen Smith. .Vlavor 472-T664 Andraa .\hrans 4T2.1520 EUzaboth Jansen <72-3632 Pbylliajaaaan 472-4319 Skip Johnson 472-3136 Edward J. Shukle. Jr. City Manai;er Aon M. Hanson. Editor Owner/Occupant '^ls -ews/er er .s onniec on recveiea oeoer The New ORONO NIWSLETTIE ^^ommumSttor^^n^ Orono '^itizenT^^^^^ou^UA^mnis^ Vol. 1, No. 1 ORONO COUNCIL ANNOUNCES TOWN MEETING •The revival of the Town Meeting was one of my campaign promises to ithe citizens of Orono. I look forward to this open forum which I hope will increase communication and citizen involvement. Won ’t you join us and share your concerns, ideas and suggestions at our first Town Meeting^ Barb Peterson. Mayor What la a Town Meeting? Ororu3*8 Town Meeting ..... What will be discussed? Spring 1991 PLANNING COMMISSION GIVEN EXPANDED ROLE The Orono City Council has asked the Planning Commission to take a more more active role in planning issues. Besides their extensive work in zoning, the Commission has been meeting often since January when the new Council took office. Their first major task has been to study the Highway 12 issue, involve citizens in the process and make a recommendation to the City Council. By the end of March they will be presenting their recommendation to the City Council ..... Planning Commission members are: Charles Kelley........et al. If you have zoning/planning questions or comments feel fr^e to contact the Planning Commissi members. 'a When Is it? Suggestions for other columns: Planning and Zoning (Written by Ranning Commission/staff?) Current Issue Update (eg. LMCD, Annexation, City facilities...) Community Spotlight (community special piaoes/resources for citizens awareness) - Park Commission Updates (Written by Park Commission/staff?) • Public Works Update • Citizens Corner (questions asked of Council/Administration by citizens) More ideas?????? 3:891.1 \ /• TO: FROM: DA1B: Mayor and City Council Mark E. Bernhardson, City Administrator March 28, 1991 \ % SUBJECT; LMCD Comprehensive Plan Attachment:A. City of Mound Letter Dated 3/20/91 B. LMCD Revised Draft Dated 3/1991 (Prepared by Northwest Consultants at the Request of the City of Wayzata) C. Draft Position Paper/Surface Use D. LMCD/List of Principles Adopted 3/28/91 ISSUE 1. Present to Council updated information regarding progress on the LtlCD Comprehensive Plan. 2. Present for Council discussion possible adoption of position paper to be transmitted to the other cities related to surface use aspect of LMCD's Comprehensive Plan. INTRODUCTION - Attachment B was an attempt by Northwest Sonsul.tants , the consultant planners for the City of Wayzatar to highlight/delete the issues of principal concern as outlined to the Council last time. (An excerpt of that is presented and if you would desire the balance of it, please contact the City Clerk and she will be happy to provide that for you.) This was prepared in advance and sent to the original eight cities who had signed the resolution. As was indicated last time the cities met on March 27th to discuss the approach and what they should do from here. Attachment D represents the agenda from the that meeting. DISUCSSION - Issue #1 - Updated Information and Process - At the March 27th 7 ot the'~5 cities were represented! In addition Mound was present to indicate their concern as to the other six cities not being included in this meeting. It was indicated that this was not an attempt to exclude them, but the original 8 felt that they needed to discuss their direction before they were able to present this to the other 6 cities. it would be the intent of the next meeting that all 14 cities would be invited and that all 14 could then discuss if this was an acceptable approach on those 4 items together with determining what other issues the cities had before moving forward. Additionally raised at that meeting was the issue that Mayor Johnson had raised in Attachment A related to the status of the "plan” and the ease and process for amending it. During the vC> t K discussion* it was indicated that there was a need to define the 'status of the plan within its bounds and that despite what ''reafesehtation certain LV.CD members had made about it, that it ^ was not just a plan that could be amended at will based on: A. Metro Council staff memo which indicated they had jurisdiction and could suspend all or parts of the plan that they felt were not appropriate. B. Even if that was not the case, the "stonewall" responses many of the 8 cities objections going back even a year to a year and a half indicated that there may not much hope to get the plan amended once it is adopted. In many cases the response from LMCD was not one of attempting to work out the situation by LMCD but rather told why the individual cities positions were wrong. As indicated the next step would be a meeting which is tentatively secheduled for April 10, 1991 of all 14 cities and that preparation for that CounciImember Callahan has indicated a willingness to revise the prepos philosophy in line with discussions from the March 27th meeting together with putting together a goals and objectives outline, which would be used as a basis for further redraft of the plan. While the 8 cities were meeting, LMCD was holding their regular monthly meeting. At that meeting the LMCD adopted Attachment D as a preamble/conceptual philosophy for the plan revision. Additionally they conceptually agreed to a revision of the shoreland regulation agreement. (This draft language will be submitted separately.) Issue #2 - Attachment C is a draft for possible position paper relateff^to surface use. It is the intent that the City, in order to ■market other cities" as to its viewpoint on the issues of surface use would present to those cities a position paper. The intent of the position paper is to propose an alternative approach to that one presented in the LMCD's Comprehensive Plan. ALTERNATIVES - Issu .. Accept the information as presented. 2. Ask any questions. 3. Table for further discussion. 4. Determine if LMCD list of principles appropriate basis for discussion. is an Issue #2 - Position Paper/Surface Use 1. Adopt as presented. 2. Amend and adopt. 3. Table for further consideration. 4 ii' i' RECOMMENDATION - It is recommended after Council has discussed any question or concerns they may have that they adopt the position paper to be transmitted to the other cities regarding the issue of surface usage. PROPOSED MOTION - Moved by Council accepts_ seconded by _ the information regarding updated status on LMCD's Comprehensive Plan and that they direct staff to transmitt the position paper on surface use to the 14 cities. Ayes _, Nays /] ^ 2 iSs-ClT^'of MOL'ND VC.\C M ^^4^£^•A f526*l 4.. .i- March 20, 1991 Dear Mayor Peterson: As you know, there has been some concern expressed by some of the cities around Lake Minnetonka that the Long Term Management Plan developed by the Lake Minnetonka Conservaticn District (LMCD) is very restrictive, particularly as it pertains to the mar.^refnent ox she cities■' sr.orelanus. I attended a meeting of mayors held Wednesday, March 6, 1991, hosted by the city of Wayzata, at Wayzata city hall. The meeting was initiated to resolve management program issues raised by the eight cities in a resolution dated December 6, 1990. I attended the meeting to express my concern that the eight dissenting cities were misinterpreting the purpose of the Long Term Management Plan. I emphasize the word fLiH. It is not a document etched in stone; it is not a .aw or ordinance. It is merely a plan. Hence, the City of Mound, which has spent numerous hours reviewing it, accepted it as a plan. The City of Mound had some questions and concerns with certain items contained within the plan and expressed those to the LMCD in a letter dated June 12, 1990, a copy of which is enclosed. It also had a statement read at the June 6, 1990 public hearing, a copy of which is enclosed, expressing its concerns with regard to the plan. Last fall, the council after substantial review, agreed to go forward and sign the agreement to work with the LMCD and the Department of Natural Resources on preparing a model shcrelznd management ordinance for the Lake Minnetonka area. We did this because we wanted to come up with an ordinance that we, as member cities of LMCD, have developed because Lake Minnetonka is a very unique area. We saw this agreement bringing the cities of the LMCD together in working in a cooperative manner in order to fulfill requirements as established by the Minnesota Department of Natural Resources. In order to pursue attaining cooperation, I would like to invite you to attend a meeting on Wednesday, April 17, 1991 at 7 PM at Hound City Hall. Please invite your council members and any staff people that you feel appropriate to attend. I will be i b'ii. asking the LMCD staff anc represer.'at:ves fro- each of t cities, as well as DNR officials to attend. Please RSVP your attendance to Ms. Linda Strong at Mound City Hall on or before April 12, 1991. This is an opportunity for ail of us to begin working tcget.her on 3 Y3i»y important program. I hope you agree with me and wilx attend this meeting. Sincerely, Skip Johnson Mayor of Mound cc: Tom Reese, LMCD Representative John Line Stine, Regional Hydrologist, DNR Mark Koegler, City Planner Gene Strommen, LMCD ES:Is cm OF MOUND PRESENTATION FOR LMCD LAKE MANAGEMENT PLAN PUBLIC HEARING CITT OF MINNETONKA, MINNESOTA JUNE 6, 1990 - 7 PM INTROOUCTIOI It la the poaltion of the City of Mound that the LMCD oust continue to be the agency for the nanageoent of the surface uae of Lake Minnetonka. The Lake Nanageoent Plan that haa been developed by Arndorfer and Aasoclatea, in cooperation with the LMCD Board of Directors, various cooolttees, staff and other agencies demonstrates a sincere effort In analyzing the problems and issues facing the LMCD and its 14 member cities. This plan Is essential to managing the future of Lake Minnetonka and the surrounding communities. Over the years, the LMCD has been effective within Its limited authority. The long term plan calls for some changes In Its structure that Includes giving It the ability to be a stronger taxing authority. The City of Mound believes that If such authority Is granted, members should be elected by the people that they are taxing rather than the current system of appointments. SPECIFIC ISSUES 1. The City of Mound applauds the LMCD for Its efforts to fight the Eurasian Water Milfoil problem In Lake Minnetonka. This effort la an example of the LMCD's interest In protecting the environment. The City of Mound encourages the LMCD to continue to take a strong stance on the environment. 2. The City of Mound believes that land use regulations should remain under city control. 3* The City of Mound Is against programs to reduce, and ultimately eliminate, grandfathering at municipal and homeowner association docks. It Is the position of the City that It has Itself 400<«> Commons Docks which are maintained for the benefit of all residents of the City. 1 The City of Hound believes that the City of Mound ^houljl not y^crease access to Lake Minnetonka for non-lakeshore residents at the expense of lakeshore owners. 5. maCLOSIOt recojnliea that Lake Minnetonka la both a The City -fc enjoyed by Individual lakeahore ounera. tSI r?|hta 0*‘ one ahould «t and’ need not be aacrlfleed to benefit the other. CITT OF MOUND PRESENTATION FOR LNCD LAKE MANAGEMENT PLAN PUBLIC HEARING CITT OF MINNETONKA, MINNESOTA JUNE 6. 1990 - 7 PM INTBOOUCTIOI It is the position of the City of Hound that the LMCD must continue to be the agency for the management of the surface use of Lake Minnetonka. The Lake Management Plan that has been developed by Arndorfer and Associates, in cooperation with the LMCD Board of Directors, various committees, staff and other agencies demonstrates a sincere effort in analyzing the problems and issues facing the LMCD and its 14 member cities. This plan is essential to managing the future of Lake Minnetonka and the surrounding communities. Over the years, the LMCD has been effective within its limited authority. The long term plan calls for some changes in its structure that includes giving it the ability to be a stronger taxing authority. The City of Mound believes that if such authority is granted, members should be elected by the people that they are taxing rather than the current system of appointments. SPECIFIC ISSUES 1. The City of Mound applauds the LMCD for its efforts to fight the Eurasian Water Milfoil problem in Lake Minnetonka. This effort la an example of the LMCO's interest in protecting the environment. The City of Mound encourages the LMCD to continue to take a strong stance on the environment. 2. The City of Mound believes that land use regulations should remain under city control.• 3. The City of Mound is against programs to reduce, and ultimately eliminate, grandfathering at municipal and homeowner association docks. It is the position of the City that it has Itself 4004> Commons Docks which are maintained for the benefit of all residents of the City. I June 12, 1990 Or. David J. Arndorfer Lake Mir.netonka Conservation District A02 E. Lake Street tfayzata, MM 55351 Ocar Or. Arndorfer The City Council of the City of Hound, Minnesota, has spent several hours over the last two months reviewing the Long Term Sanagement Program for Lake Minnetonka that you have prepared In cooperation with the LMCO. The City Council began Its review of the plan basically on a page by page basis, and came up with a number questions and/or comments with regard to the plan. As you know. Mayor Steve Smith represented the City of Mound at the June 6th public hearing at the City of Minnetonka, In which the statement read by Mayor Smith summarised the City of Mound's position on the plan. However, Council wanted • letter to you Indicating specific questions or comments that they had on the various portions of the plan. Therefore, 1 will begin hy page number within the plan: Pate I8t under ■Historical Background* Indicates that there is a need for 700 car/traller parking spaces for Lake Minnetonka. Assuming that the Hennepin Parka Olatrlct goes forward and builds a regional park on Lake Minnetonka, were the spaces created at the park (lOO^) going to be counted within the 700 parking spaces? 1. 2.Pates 29-31f under Items 8-6, 7-6, 6-b and 5-1* The word In • i3 used repeatedly. What does *revlew* mean In these contests? How serious are you about these Items? Dr. David J. Arndorfer June 12, 1990 Page 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. On page 21, you indicated present practice by one of the cities on the lake. We understand t u? ^o be Mound. Is this correct? If so, on page Jc. ;ou Indicate: "Accordingly, Lake Minnetonka access .nd use shall be oanaged to reoain open for all citizens of the state, while riparian landowners have certain constitutional and common law rights of access, no other group shall be recognized as having special privileges or other rights of access." Is it the intent that the City of Mound’s Commons Dock program should be open to all citizens of ' ^e state of Minnesota' Pages 30-31, items 6-2 and 5-4. What do these mean? Is it the intent of the LHCD to eliminate expansion of the City of Mound's municipal dock program? Page 30, item 7-4. What is the rationale behind "more •estrictive frontage-foot rules?" The City of Mound compliments you on items 8-10, 8-11 and 8- 13, on page 30. These are positive statements. Page 30, item 8-9. Is 24 hour presence of the water patrol .lecessary all year round? Page 30, item 7-8. Please clarify the phrase "lollowlng day on weekends and holidays.” Pages 30-31. implement such an ordinance, the LMCD shall meet with each individual municipality to determine the classification of the near shore waters of the lake. It is conceived that the classifications adopted would be that of the city. The known exception would be the manufacturing district in one city on the lake." Which city is this? 32, the statement "future public access points shall utilise remote and shuttles as appropriate." How is this going to be paid for? 33, regarding the regulation of ice houses. The City of Mound supports the LNCO on this item as it is a great need at the present time. Page 42, item 13* is excellent. Page 44, item 14. He compliment you on this item. Mr. David J. Arndorfer June 12, 1990 Page 3 17. 18. r 14 Page 57# Item #15. On page 42, reference la Bade to the word "aanpower* under item #1. This word should be made gender neutral. There may be other references to aanpower through the report that should be changed. 16. Page 39# l4St paragraph seems to be overstating the use of law enforcement agencies for the lake. The Board of Peace Officer Standards and Training licenses peace officers In th» state of Minnesota. We don't believe that It dictates how many positions there should be In each law enforcement unit. That Is usually up to the city where the law enforcement agency Is located. Page 41. Typographical error on the listing of Items. Page 50, 4th paragraph. References the Excelsior Commons. It states that "only the Commons has the capacity to serve a siinlflcant regional population." Is this referencing Excelsior Commons? If so. It should be stated as such. 19. Page 51. The statement la made: "The LMCD has a legislatively-mandated responsibility for public water- oriented shoreline recreational opportunities on the lake." Is this true? Page 51. The statement Is made: "The Lake Minnetonka Conservation District has legislative authority over shoreline use and over shoreline public lands." Is this true? ?.2 Page 52. The statement Is made at the top of the page: •There Is also a direct link titween public ownership of shorelines and boating patterns. Where large parcels are In nubile ownership, and where physical features are favorable, rafting Is an Important activity." he don't understand what this means; could you please clarify? 23 Page 52, Item 13, sub. b. Our understanding Is that this aUtement allows the LMCD to have authority over land use control. Ve previously stated In our presentation at the June 6th public hearing, that we were against the LMCO having land use control. 24 Page 55, wader Item #8, it states: "The present LMCD policy Is to encourage development of additional intermediate or regional parka.* You shoulu be more speeific, i.e., Lake Minnetonka Regional Park. 21. Li"- ■ ii- H Mr. David J. Arndorfer June 12, 1990 Page A The above questions and coanents were specific to the report. InmmsMum for the benefit of all residents of the City. iiaiPiliSS Balboa of Minnesota. I hop# the questions above and coaaents are taken as AAfiatructlve. Me would appreciate a response to those questions and any other coaoents that you aight have. Me look forward to hearing froa you. 4^Cdward\l# Shukle, Jr. City Manager ee. Gene Stroaaen Toa leese CS:ls f'. I . LMCD PLAIJ MEETIIIG EIGHT LMCD MEMBER CITIES 27 MARCH 1991 MEETING PURPOSE A.Specific identification community positions of issues and individual B.Identify philosophy of what. the M<in ■'qeinent Program is and what it should accomplish. C. Identify procedure to redraft document. II. ISSUE IDENTIFICATION A.Review revised draft document. 1. Four issues identified at 6 March 1991 meeting a. Board composition - pages 84, 85, and 89. b. Taxation - pages 4, 21, 44, 49, 79, 86, 87, and 88. c. d. Preamble and amendments - pages i and 4 Appendix C - removed Appendix C and replace with reference to State-Wide Standards for Management of Shoreland Areas - pages 2, 53, 53a, 54, 56, 57, 59, 66, 74, and 99. 2. Other issues identified in the revised draft. a.Qualification statement document is) - page 4. (defines what b.LMCD expand coordination/review function- pages 38, 60, 91, 100, and 102. c. d. LMCD staff increases - pages 66 and 78. LMCD to provide background information (1) Surface water usage/density. (2) Shoreland inventory data. I'H B. Identify any other issues 1.Orono 2.Tonka Bay 3.Minnetonka 4 .Greenwood 5.Victoria 6.Deephaven 7.Spring Park 8.Wayzata III. PHILOSOPHY Discuss Preface (page i) and Qualifications Statement (page 4) of the revised draft of Management Program to identity philosophy and reach consensus of the eight communities. IV. PROCEDURE A. Who redrafts the document. Metropolitan Council and LMCD involvement. Meeting schedule. B. C. . t . ^»”.4V LONG TERM MANAGEMENT PROGRAM FOR LAKE MINNETONKA I- ^ -------- • • •• ■ * t X REVISED DRAFT j: V4SS^ •4.T^y •^ —•• 8! ▼- ^ ’- -. *1 »*• • •' •» -^4 . ■. • -•»» • > • * • - 9^?^Sr. ^^ , . T-tj «-. ~ . “ V ’ r»:^ * •• L CITY OF fF4yZ-IT4 mh !<i( : 'ir<LL' A.\w:.\i \. \ns\ .'53vi •*1). \ \ I • OTY COUMnL Robert O. Cifvo44 Robm P. Asbroic Ridl«4C Harmom F, taor Herfurth Cftoory a Rye MAR 2 2 19S1\ * CUf MaMfrr N MEMORANDUM TO:01-1*33 of Deephavpn, Gr«?‘^rv.vood, Minnetonka, Orono, Spring Park, Tonka Bay, %'ictoria FROM : DATE; RE: Mayor Robert Gisvoid of Waysaca 21 March 1991 LMCD - Long Term Management Program for Lake Minnetonka Please find attached a copy of the edited version of the Management Program for Lake Minnetonka reflecting the concerns and issues identified at the 6 March 1991 meeting of the lakeshore communities. The purpose in editing the document was not an attempt at rewording or rewriting the entire program, but rather to identify the problem areas and remove that language which was not acceptable to a majority of the lakeshore communities. The four items identified at that meeting of concern were: 1.Board Composition. Concern was noted over the proposal to increase the membership size and representation of the LMCD Board. 2.Taxation. A number of the lakeshore communities did not agree with the proposal to expand the tax base f.r funding additional LMCD programs and staff. 3.Preamble and Amendments. A number of communities suggested that a preamble be added to the document to better define what the document is and to clarify the intent. Additionally, concerns were raised that a process for amending the Management Program was not included in the document. I ■ 4.ADoendix C. Concern over Acpendrx C ana the Shoreiand Management asrec- .>e_- - --- --Management <ao^:s-- -- - -- - - - - --- -^ suggestions were made to remove the appenatx compietexy o. oreface it with a statement that it will serve only as aoreiace lu wiu.t a - -j model. The revised draft has deleted Appendix C completely from the Management Program. is -ecognized that the attached edited document does not iiglliliiiti with continued cities representation, wi^i redrar- the documenw following meetings of the lakeshore communities. iKIiiSliSli■s “IS?..::* ssr'iSi'is.;;.:;;- ht::.!:'“is-ba.f ,;;.srss.;:r S! .s'i,s.s»:n;as as it pertains to each Management Program chapter. ll * y I 9 <- \\\ i ^ ^\ V ^ • ;vi TABLE OF CCriTEJITS Preface Executive Summary . . . . . . . . . . . . . Recreation Management . . . ... . User Experience and Satisfaction Shoreland Protection . . . . . . . Environmental Protection . . . . Management Structure . . . . . . . Qualification Statement . . . . . Introduction Purpose Historical Background Planning Context .. Program Formulation Authority .. . . . . Regional Setting .. Recreation Management . . . . . . . . . Perspective . . . . . . . . . . . . Authority . . . . . . . . . . . . . . Lake Access and Use .Management Long Term Recreation Management Management Objectives . . . . . User Experience and Satisfaction Perspective . . . . . . . . . . Authority . . . . . . . . . . . Background . . . . . . . . . . Management Objectives . . . horeland Protection . . . . . . . . . Perspective . . . . . . . . . . . . Management Areas . . . . . . . . Authority . . . . . . . . . . . . . Planning Context . . . . . . Long Term Shoreland Protection Management Objectives . . . . . Environmental Protection . . . . . . . . . . . . . . . Perspective . . . . . . . . . . . . . . . . . . . . Authority . . . . . . . . . . . . . . . . . . . . . . Planning Context . . . . . . . . .. ’ ‘ .. . . . Long Term Environmental Protection Program Management Objectives ................................. .... Pace 3 3 4 5 6 10 11 12 13 21 21 23 24 33 34 4 3 43 45 46 49 53 53 54 55 55 57 59 66 66 67 68 71 72 4 I- TABLE OF CONTENTS Management Structure . . . . . . . Perspective . . . . . . . . . . Authority . . . . . . . . . . . . Management Structure Program Management Objectives . . . Implementation . . . . . . . . . . . . Perspective . . . . . . . . . . General Activities . . . . . Year One Activities . . . . . Year Two Activities . . . . . Year Three Activities . . . Periodic Activities . . . . . Density-Based Activities ... Long Term Monitoring Program TS mm ^ / 0 0 sJ 81 86 93 93 94 96 100 101 102 103 104 r & p PREFACE This Management Proaram for Lake MinnetcnKa is to be used as a guide for the 14 iakeshore communities to maintain and improve, where possible , the environmental quality,recreational experience, ana aesthetic guaiitv ot the lake. This document has been developed uncer the context ot tne toi *owing odsic 1.The Lake Minnetonka Conservation District (LMCD^ is to serve as an agent ot the respective City Councils. ~~ 2. The LMCD to continue its focus cn surface water management. 3.The LMCD is to provide a coordinating role in communication and planning for shore.and management and environmental protection of the lake. 4 .The financial base of the LMCD local tax basei is not to reiv further on is intended as a program rather than a plan.The Program is designed to build in the flexibility necessary for the cities surrounding the lake to adopt plans.ordinances,and reauiations that are generally consistent and compatible with the other iakesnore communities, but at the same time recognizing the different circumstances and perspectives ot historical devei cement oatterr.s and use ot the \ '''' % P r I i-r. K II K f mp:' EXECUTIVE SUMI^RY ^ ^ 2 i ‘ IThe Long-Term Management Pla»>- provides a 25 year guide for maintaining,a nd ^ V- w — ^ w. — — ^ - -- - - possible, the environmental quality, rec **ea t lona experience, aesthetic quality of the lake. But the Program '^anno 9_t_ _^ — ^ *^or*“****^. n rT*r^ in Lake Minnetcnka eniijncing where ana annot ce implemented unless users beneritting :rc;r. -.".•i _ substantial new funds. Presently, the agencies managing t.he .axe have regulations and are lacking in enforcement. The overaix oblective of the plan Program is to oe active in both regulawicn and enforcement, and to develop the Lake Minnetonka Conservation District (LMCD) into a strong and consistent aavocate for iaxe programs in all organizations. Not all the new revenues are targeted for the L.!CC - Tncreni‘^nr.a _ funds are needed for programs in other agencies who are a^rea-.y capable of implementing needed services if their funds couid oe supplemented. But implementation of the Management Progr^^ also requires a new level of courage. li the environmental quality and user experience on the lake is to be protected, difficult decisions will have to be made by aii managing entities. Decisions that limit certain types of development and specific types of access will not be popular, popular or not, they are necessary. bv this IBillliiprogram for better regulating ever increasing use of the lak, .n the summer. RECREATION MANAGEMENT The ultimate goal for recreation management four-fold: 1. 2. 3. To more effectively manage access growth, more restrictive as use of the lake continues to increase, and 4.To reduce conflicts, thereby maintaining the quality of the recreational experience. The LMCD does not encourage increased summer "f more effectively control such growth as it occurs. The the program <3 to present modifications to existing pi^^ctices a regulations and not to supplant those rul regulations. 0 « fTo accomplish these gca^s, manajinc er.ti_*es s..a^^ 1. 2.as beat density 3. 4. 5. 6. Continue present recuiatory practices. Impose increasingly restrictive regulation increases on the lake, Improve regulatory tools, Tighten existing practices, _ . . ; . ^ ,Support a program to establish • vw oar trailer par.v.^r*^ spaces, and Maintan and improve winter access. USER EXPERIENCE AND SATISFACTION The four major goals for protecting user experience and satisfaction are to; 1. 2. 3.comfort and 4. Continue and enhance basic public safety. Better enforce ail ordinances. Improve and expand activities in public enjoyment, and ,Facilitate coordination and cooperation between iaw enforcement departments active on the lake and lakeshore. Enhancing user experience and satisfaction on ^he lake is more than protecting personal safety. Density of /f will increase during peak hours. As that happens, additional law enforcement presence and more active enforcement of ^ ordinances will be required to maintain the current level of user satisfaction. A significant portion of the funds needs for improved lake services are targ sd for increased patrol hours on the lake. Present density on the lake is eight acres of usable lake surface per boat {see definitions in Appendix 3}. when density reaches seven usable acres per boat, 3,000 additional Patrol hours will be added. Otherwise, no further access growth will be allow the lake. SHORELAND PROTECTION The LMCD seeks no new authority over land use it does seek better coordination and communj-ation between ^litical entities with such power. La^u % r-111 jirl V Affected bv the actions of the 14 laKesnore This Management Program advocates use of the S^ate-Wide for Management of Shoreland Areas as preferred by the .:7Department of Natural Resources (DNRj prasonag gri Ktel Voes- torDeoartnient ot Natural Kesourcg:> ^-- controlling de'^Iopraent, redevelopment and land uses within 1,000 feet of the lake. f I-I k -4eds to orovide review and comment ana to assure ^nat indi^4.^uai cominunities and the Watershed District adhere to their rules and ordinances. Beyond the two-pronged approach, specific goals are identified to • ncrease and enhance t:hore-ine recreational opportunities. ENVIRONMENTAL PROTECTIOM The challenge facing resource managers pr-cecting the natural environSen? in and near Take Minnetonko is to implement development controls that will inhibit t.he ^proarams to water quality and the functional vaiues of wetlands. orotect the natural environment extend beyond the shoreiand Suhin 1,000 feet of t.he lake to include the entire upper drainage basis. In order to achieve environmental protection goals, the LMCD has to rliv on other agencies and the 14 cit.es. The LMCD has authority to regulate activities below the 929.4 contour (ordinary high water), but it must relr on cities, tne Watershed n^atrict and the DNR above that level. Rather than create a duplicate layer of .authority, protection of the environment will continue to rely on the programs of the DNR, w2t«shSd District, and cities lo ited .n the upper watershed. MANAGEMENT STRUCTURE ■woglfrif»The itewageiiiente peeggaw fetfges a- .__^ ^ .-w.- ,,Llis LIICDj luuHiaigalitiuJi hull], iln ri i .f r-ut, guSurbw^— Rfggiuital PsiLK —--.rn .mU Li. te act ae-em The maiiavig^ent structure b’*xiJs on strengths and does not A new 1 ^ ' of government Wa.ch the concomitant bureaucracy. An essentiki function of the LMCD, beyond its la t»* helD assure that other agencies have the inplfc- ant their programs. The LMCD does Ly foremost advocate for the lake, not by direct ,-^d andway, traditional authorities i.nd programs are maintained enhanced when warranted. sr.ali be bv sr.ift:ir.g costsFunding for the lake ^ _ fullest extent of the law. Beycr.d tnat, authority of the LMC3 shall be area from which users origin^ ww I existing taxing ! If and when regi^jiai-'funding is forthcoming, chances are proposed to the LfJC©-^B5ard of Directors to include four regional agencies as ^a^cdrhgmembers. QUALIFICATION STATEMEtlT It is important to stress that the Management Program is to be in'teroreted as an administrative statement directed towards the ^^pfov^ment of Lake Minnetonka. The Management t*rccram is not a plan in the "traditional and legal context of a "comprehensive plan** typical of cities or counties pursuant to the Metropolitan Land Planning Act. The comprehensive planning and related shoreiand regulations which are to be an outgrowth of the will be responsibilities which are leTt toManagement Program, —_ _ ___ _ _ _ _ ___ _:- - - - -- - - -14 city governments with coordination assistance offered bv the LMCDT being S'-.I'i B',' !v. t I- AMENDMENT PROCESS All amendments to this Management Program will be recoimnended by ^ “ birds vote {'lO) members of the LIICD Board and latified by a ^ .birds vote (101 o^ the City Councils of t.he 14 lakeshore co^^l^‘^^nitie8. Those amendments to the Management Program would be subject to Metropolitan Council review? ]): 4'.' fc-’I' •I' wr'.:' tb'. •r} 'bS'' '.m'. utI'.' 1 • ^-i"!X: fe If fv'- m®f?; o LMCD Comprehensive Plan Surface Use March 27, 1991 A. City of Orono Letter Dtd 2/28/91 B. LMCD Long-term Management Program Dtd 9/4/90 C« LMCD Comprehensive Plan Amendment/Shore land Regulations Dtd 10/17/90 I880B Present information proposed in the LMCD plan related to surface use regulation together with presenting alternatives for consideration . IMTRODOCTION Of the five concerns Orono has with LMCD's plan outlined in Attachment A, LMCD at the March 6, 1991 meeting conceptually agreed amend 4 of the 5. The remaining issue is that of surface use management. DI8CP88IOM (Page numbers refer to Wayzata's 3/91 Draft of the Plan) s LMCD Comprehensive Plan - The program proposed for surface use rests upon the following assumptions: r- fft:. A. B. c. D. B. That there are two schools of thought of density regulations: 1. That density is self-limiting and that it will seek its own level of "optimum density". 2. That access controls are needed. It is asserted that the program addresses both viewpoints with graduated controls as density increases . That the recreational literature doesn't note any inherent density standard nor have various states a density standard that is uniform. As such there is no "absolute" density maximum standard identified in the plan. The program sets forth possible actions at each level* It does indicate DNR's (Minnesota) density standard is 1 boat on 10 acres. That usable acreage rather than gross acreage is the appropriate measure for determining density. (Usable 11,773 vs. gross area of 14,043) This is based on a DNR 1987 publication. That the primary controls are enforcement, licensing/safety courses and limitation of access. It additionally indicates there will be ro further access growth will be allowed above the density of 7.0 if further enforcement monies are not forthcoming. That distribution of boats is not random but based on Lake fea'.ures and future growth will follow current distribution patterns. ^r. I' C Iff* v; F.It accepts that the appropriate level for public access is 700 car trailer spots and that at present there are only 350 "acceptable" to DNR/Governor task force. It also points out that the standard for public access in Minnesota is 1 boat per 20 acres (usable). It also delineates DNR's classification of public access Includes both free and private ramped access statewide on page B-1 of Appendix. It does not point out that: 1. DNR does not accept for the 700 slots available private ramp access on Minnetonka but apparently does in the balance of the state. That an estimateo 1100 car/trailer slots do exist but do not meet DNR "standards". That DNR is not willing to purchase property that is for sale on the lake that could help address the problem because of the cost of some of those properties. 2. 3. G.It does indicate that differing activities require differing acreages but does little to address usage or boat sizes. Data/Survev Methodology The document does indicate: A. Boat storage changes in Table 4 (page 26) from 1974- 1987. Useable surface acreage - Table 6 (page 30). Level of active boats at each density level - Table 7 (page 31). Effect of various densities for various Minnetonka areas - Table 8 (page 32). Visitor origin by type of access - Table 9 (page 83). B. C. D. B. The document indicates that the current aensity is 8.0 usable acres (page 31)» a number that eguals the visitor origin data (page 83) which apparently is the result of surveys conducted between 1984 and 1989. (It does not indicate 1988 and 1989 as "low water* years.) r tr^• I The document also indicates a "current" peak usage of 2256 which equals a current peak density of 6,2/gross or 5.2 usable acres per boat (page 57). The document does not: 1.Delineate the methodology for determining the current density as to type of survey method, or of sampling techniques as to frequency, peak, average, days of the week, special events, etc. If this is just a study this may not be critical but this program has that density as the basis for several actions in the program and is intended for a twenty year plan. This is critical both as the technical basis for increasing restrictions and also to guide those in the future to understand and employ identical or comparable methodology in determining lake density to make valid comparable measurements on which to base program decisions. 2.It does not attempt to make a simple comparison of boating potential (storage) to boating use (active) by method of access (i.e. conversion factor), (Note Attachments B 6 C.). This illustrates a wide difference in "conversion factors" by type of access. Access Model The plan does not contain any conceptual model to better assist the reader in understand the variable related to access. The following is an initial/non-literature attempt of this writer to help illustrate such variables. ( “ function of) 1.User experience (perception) (Type of desired activity, available space for activity, desired location, proximity to access, attractiveness of stationary locations ). w b I; II I S- {5v ‘M ] ‘ Sr' ^ ■&?: |i- t-i'- *> % 2. Available space Usable area - (number/type of boats/activity) 3. Nuuber/type of boats on lake Access points x conversion factor (type/location marinas/municipal docks individual owners associations/public access) 4. Access points Land use Demand for access S.Conversion *> factors (differ by access type) (Day of weekf time of day, weather, special days/events, expected user experience, ease of access, level of conflict/safety) As noted in the model there are several variables in influencing what happens on the lake. Even if all current access growth was frozen at present levels, lake density which is a function of "conversion factors* (which has peaked at a 5.2 ■axiaiuBi) could actually be greater if the current conversion factors changed. (Such a losult could transpire without additional funding for dealing with the higher densities. To stop access growth to await funding will not necessarily stop increased usage/density.) It further does not address the case where: a) Density grows (say to 5.0); b) Selected restrictions are put in place at that level; c) Then external factors drop density (say to 7.0) for a few years (such as low water economy, energy crisis). Will access growth previously stopped be allowed to grow? If so, and external factor (or others) change so there is a return to the sane "conversion factor" as it was at 5.0; the density could "suddenly" go from 7.0 to 4.0 because more access gro%rth was allowed in that interim period. F i*V S.v h-’ k- N. I Concern In addition to those outlined above the City should be concerned the primary focus of the plan is with potential storage rather than actual usage with the control of actual usage being done by mitigating conflicts by increased enforcement, while the water patrol is good, heavy reliance may not be appropriate (which equals 1-2 additional boats on the lake for boat densities that could be upwards of another 1500 boats at 4.0 boat density? obviously there was some self-limiting by "reasonable persons" avoiding an unsafe situation). There are a number of tools that can be used which address both the potentl.'l and actual and should be listed as tools to give future LNCD boards a range of options to deal with the density problems (may not be clear cut categories). A sampling includes but is not limited to: Potential Regulate access growth Actual Increased enforcement - by type ■Rationing" - boat - ^ay of week - usage - time of day Education - maximums allowed Licensing ■park access" Fees/Boat licenses - activity Number of boats stored/own - boat size J ii'- -r' f,r. %'■ ?X' 6’'- f'-- ■tifc- Conclusion It is generally felt by at least Orono that current use density (whatever measure is used) is often not as safe as it should be and that no further access growth should be allowed until that situation is brought "under control" and that LMCD can set a density maximum just as cities set their zoning regulations (ONR sets a standard of 10 acres/boat). Regulating access growth relates directly to uses made of shoreland. (LNCO interest in shoreland is the amount of access, the quantity and quality of run-off and the lake user aesthetic experience.) This may well have the moat direct effect on landowners around the lake than the public access users (and concurrently the cities desiring lakeshore development). The plan as presented is not expected to have a positive effect on the user experience by just allowing density growth to continue. It will get to a point of self-limiting eventually but the cost in terms of safety and user enjoyment may be high. Cutting back access in 'v> future may be more difficult as there will be more who have the "right" to access than currently exist. As such we would encourage: A. Designate the survey methodology - either as a part of the plan or as a separately adopted document. Establishment of a density maximum of 8.0 usable/boat. Implementing more measures besides just more enforcement before access is allowed to grow. This is particularly important for all development at other than 1-50 frontage rule including but not limited to multiple residential developments and marinas. That going to the additional 350 car trailer spots for public access include private ramped access (at a reasonable fee) and that these be at a trade off of currently "available" but not "qualifying" spots. (LMCD could regulate the rates for such a business under marina licensing). B. C. D. E. That the usable acreage should be adjusted annually based on the impact of Eurasian milfoil and other impediments to usability. The lake usability is negatively affected by items such as milfoil. The extent of the approved milfoil harvesting program for each year shall be factored into the extent of usability for that year. f'v- K r P. Instead of listing actions at each density, delineate the range of tools and allow LNCD Boards to select which ones to employ as access grows rather than giving the appearance of being "on automatic" with LMCD actions strictly being a function of density. (Under that scheme, the survey methodology may be less critical.) <3. If the density/actions plan remains, specify that once selected actions regarding access growth are put in place they cannot be "ricocheted" back just because density may drop. A revision to this major area of LMCD responsibility is strongly encouraged. 8 F r f cm Post Oflico Bos 66*Crystoi B«y« Ifi' :r\i<> r On the North Shore of Lake Minnetonka rebruary 28, 1991 Naypir Cliff Roberts City of OMphaven 18425 Mpala Ridoe Road Waysata, NN 55392 THIS LETTER WENT TO THE "GROUP OF 8" CITIES Subject: LMCD Comprehensive Plan and DNR Shoreland Regulation Dear Mayor Roberts, As you are aware , the LMCO has requested a 90 day extension from February 4th to attempt to work out modifications of its proposals which will be acceptable to the cities. Orono realizes that the major concerns of our city may differ J* emphasis from those of certain other cities. But as a prelude to further discussions, we attach a copy of a letter from us to the LMCD that represents input to their 90 day process and a follow-up to the February 22, 1991 meeting of the 8 cit es. We note with some concern, but little surprise, that to the stated opinion of the LMCD, the Metropolitan Council asserts the right to veto all or any portions of the LMCD plan. This assertion means that, also contrary to the LMCD view, the Metro Council believes that it can veto any suggested future changes or prevent future deviations. Therefore, every effort must be made by us all to define in the plan approval procedures for future amendments. If we cannot do so, we must prevent any future LMCD plan or proposal from being presented which is not positively favored by at least the vast majority of cities. To accomplish thi^ goal and obtain the modification, Orono suggests, as did the Metropolitan Council, that it is essential that the representative of each city on the LMCD board act under the control of, and in accordance with the wishes of, the respective city councils. As a practical matter, unless the cities agree to any LMCD plan, and the representatives follow instructions, the vote of the representatives is meaningless. Witness the current situation. In a related matter, you no doubt had forwarded to you a recent letter from John Stine of the DNR dated February 5, 1991, (•latino to thoraland .regulations and funding. We again suggest that it is basically undesirable to negotiate with the LMCD AOMiNarsAiioN a rouNCS > 4n.73st E%X-4I>a5M nmuc Mayor Clifi: Roberts February 28r 1991 page 2 concerning DNR shoreland regulations. Therefore we encourage you to aoolv directly to the DNR for your shart of the funds DNR has allocated for your use through LMCD in dealing with its proposals. If successful you can then leave the proposed agreement unsigned, or rescind your agreement if already made. Our joint efforts to obtain modifications to the current proposed plan seem to have had some success as indicated by David hran at the February 22, 1991 meeting of our cities. Orono hopes we - 11 build on both that and the testimony to the Metropol mncil. Me trust, therefore, you will accept this ^^^ter a. .nting our own suggestions and views and not as an tft- "'t pressure on your internal affairs. Sincerely, 1 Mark E. Bermrardson City Administrator Enclosure cct Dirk deVries, Metropolitan Council Representative District 13 few. Additionally still do not address the enforcement at the shoreline and this will continue to be a problem of cities being able to enforce infractions on the lake that are seen from the shoreline because the LMCD has not contracted with the cities. The contracting mechanism could strictly limit the amount of enforcement by city police departments but this plan does not allow for any of that. Manaoement Structure - The modifications in this area are primarily in funding with an entire new paragraph on page (7 on future managment structure and funding together with selected additions starting on page 69 under the Objectives. The thrust is to put more of an emphasis on users rather than tax base for funding the programs As for the structure of the Board, the addition of the 4 regional members is predicated on regional funding being instituted. (The four besides the current 14 are Metro Council, Hennepin County, Hennepin Parks and Minnehaha Creek Watershed District.) |I^T2miATr7ES , comments Council may want to make regarding this. ^ % .* . • r Give any preliminary direction, i'-Table for further discussion. Take no action. .JDMMHNDATION - la response to Orono and other cities' comments BigiiTave^een made in the plan. Orono's desire to have the rectify the current problems before they allow additional iowtb however have not been fully realized, although the itiott of farther increases in patrol hours at levels 5.0 and attempts to get at this. The City's LMO Representative will available at the September 10, 1990 meeting to di-cuss this iftber. UHft 12 Budget - It Is recommended that the Council » tardier isH — Jssues t&at they may have regarding the 1991 Budget i the tHCD Bepresentative and any direction they would desire it a vote on taat budget. 0908BO MOTZOB - Moved by seconded by that Council viog given comments table this until the September 24, 1990 ■Mil meeting for any additional comments. Ayes Mays I JoSllen Burr# LMCD Bepresentative, 930 Partenwood Road Bogeme B. Strommen, tAa, 403 East take Street, Wayzata Gabriel Jabboor, 989 Tonkawa Road, Long Lake 55396 i ■mm. •V ?-■ iIP 1' S’: 17- 'I'. ■t! WM&J u be^w€«n 10:00 a.a. and S:0C weekends and holidays. At'othe*- densities it has acced stronger language about add^^^onal patrol hours which is in addition to language on page viii that state that unless 3,000 additional patrol hours are available by the 7.0 density, no further access growth will allowed. Revised draft still does not acsontplish the following: Densitv Monitoring - The plan does not specify the aethoSology or "tne frequency for determining density as part of the body of the agreement or reference to another document that would contain It# Access Control Mod^ - While the document does address both sTorage potential a.nd actual access use they have not pulled the two together nor predict as part of their model potential growth from any p^f^^cular access growth. (Attachment D is an attempt at that, to see if that is helpful.) It is Interesting to note, based on the very rudimentary information that generally based on use during survey densities to storage counts are roughly: « Public ramped access is 1-1 to 1-3 (3S0 or /OQ slots) ‘ Marinas - 1 used for every 5 slips ^ _ _Lakeshore owners - 1 used for every 10 boats stored Assuming little or no growth in marinas/yacht clubs, municipal access or homeowners association, the growth potential is primarily from ramp access and single family homeowners. ?or homeowners it's a growth either: a. ) further subdivisions b. ) more boats/limit (current about 2/lot) c. ) ■increase* In the ration of storage to use from 10-1 to 8-1 etc- (The catagories used were in the definitions section which ware from a ONR study and the ratios reflect the use to the storage count#) St: s. It. I ^ k r r- r. V’ . p- V I I'v h:^- '.'.' vS- mi^ Actual Rols o_f Metro Council ~ Incorporation or pace 2 and 3 of toe comiaencs to clarity tna actua- authority would be helpful in defining in the plan Metro Council's role. Threshold for Chance - It does not stipulate at what point a^change in the plan in future years wouid require any review and coaaent by any otr.er agencies Including Metro Council. Conflict Between Plan and LMC3 Actions - The plan <ioea noraadress how conirTctrTBat may arise between the LMCD's actual actions and the proposed work plan will be resolved. This could be the source of legal confrontations and expenses in the future. (The analogy is that by State law for cities for roning ordinance take pre-emenance over Comprehensive Plan.) PSSlaSillparty and also Indicate ‘^attSay would r'ecuest to be oart of the Metro Council's review torocess. They do however later on in #3 indicate that «LMC3 shall develoo agreements with local communities to riview varilice ap^ while verbally stating that this was voluntary given that it would be through agreements the word "shall* gives the import t.hat it is mLdatory that an agreement be developed with such city. (In addition it should be remembered that the *'*of*^ the shoreland regulations whether the City works through the LMCO or Department of Natural Resources directly fchat there may^need to be, because of the change in local otdinsnc.s, tor a possibla of Co«ptthansi»a Plans by Metro Cooneil. data this isaSe has not been addressed ae to wbetbet this would be recuired and would be a consideration for the City in determining what it desires to do regarding shoreline segulatiottSe) Aeeees • While the language in a couple instances has be'M modified with changes by changing 5***. the throat for assuring 700 parking slots '*^*5 whanld be remembered tbet in the discussion ?22 otlM d«?t .1.0 indicated tb.t tbe 700 slots Inelodsd both public end private ramped eecess.) ••wi^rietion by Ose - The access control does address mefeho^i catagorisation of ose during usage SSder the density 6.0 - 6.5 by imposing restrictions i.:. > to* TSOMs DM3S: Hi’/os and City Cousci— MarJc S. Berahardson, City Adainiatrator^N Saptaabar 4, 1990 SDIJSCT: LMCD Longtara Manageaent Pro gran Attaebaant:A* LMO Longtara Management Program (Revised Dated 9/90 Previously Presented) B* LXC9 Response Comments to City of Orono's Comments Dated 8/15/90 (Previously Transmitted) C. 1991 LMO Budget Memo Dated 8/14/90 (Memo Only) D. Draft Access Growth Chart ISSuS - 1. Determine comments, if any, Cauncilaeabers desire to give LMCD Representative 2. Determine desired direction they would like to give the LMCD Representative for the pending vote on the Plan. 3. Determination of action the Council desires to take regarding the 1991 LMCD Budget. ITROBDCTION - Attachments A, B and C were presentee to the Coua<!*•COun^rifp^ packet for the August 27 1990 meeting. Asnoted in Attachment B, changes were aade to the Public Drafw that primarily relate to clarifying roles on: Shoreline regulations role for LI'CD Revisions as to funding Modification as to promotion of access for 700 parking slots Yhe revised draft is to be considered by the full Board at the maating oa Septesdber 26, 1990* DXacnsSZOH - the changes incorporated in the draft to a «Sfaaa*Tssttes raised by the City of Orono tary of ►r - Revision — The plan does maice some iiiofflT~b6 A ditlRion together with indicating that Metro ConneiX's role is by virtue of the laaeative Council’s reguast that tbay be involved* plan despite encouragement by Orono not a^ific Mtigns.«!though the p«tthem! wririlwing could be addressed in the plan itself* F- w. § tr. t'-'iV i} U •n ^Tmai(4is^' TO: FBOM: • •%• • W te v<4« % ‘ ^ \*Mar!< E. aernhardson, City Administratoc-v^ DATS:October 17, 1990 SUBJECT: L*MCD Comprehensive Plan Amendment/Shoreland Regulations Attachment:A. Wayzata Proposal Dated 10/12/90 B. Analysis of Issues Dated 10/15/90 ISSUE - I. Present information to Council regarding proposals related to possible changes in the shoreland regulations. 2. Determine if Council desires to adopt any alternative position. INTRODUCTION - Subsequent to the last meeting there have been 2 sessions related to the shoreland management portion of LMCO's Cosiprehensive Plan. CounciImember Callahan emd I attended the meeting on October 10, 1990 in Wayzata, in which wayzata, Orono and Woodland discussed some of their concerns regarding the shoreland regulations with representatives of the Department of Natural Resources and LMCD. At the time Wayzata was in the process of preparing a position paper regarding a change in thrust that they would feel desireable. That was released on October 12th and was the focus of the discussion on October 16th. Attachment B was prepared as a result of the first meeting showing what a general development process is and comparing what the current Comprehensive Plan amendment proposes versus the Waysata proposal. DISCUSSION - The change proposed by Wayzata would do the ioilowing: Develop an inventory of existing land use patterns within 1,000 feet around the lake. Specify a development policy for reviewing any Comprehensive Plan changes that communities may submit to change from existing land use. Save LMCD be involved in the front end by reviewing and commenting regarding Comprehensive Plan changes rather than on the back end involving variances. Have the cities work directly with DNR in establishii.g the shoreland regulations based on the LMCD's Comprehensive Plan objectives. - This proposal would address in the shoreland several concerns i-- ono r.as had ragardir.g this including: Increased staff to review variances to work through LMC3 in part cn the shore^and regulations and with 2::r on the balance Additionally during the discussion it was pointed out that LMO should specifically state (although they indicate that it is incorporated in the plan) what their interests in land use are. During that discussion the interest in land use were as follows: Traffic on the lake generated by land use Environmental degradation to water quai-ity Aesthetics/User experience in viewing land use around the lake It was additionally suggested that they should be fairly restrictive in spelling out their interest in land use otherwise they will become involved in a number of items within 1»0Q0^ feet of the lake which do no specifically address their primary concerns. In addition to giving LMCD and therefore the cities around the lulce more input on chamging land use around the lake through this process and not on the many small variance items which total not be consequential, it may be a way for the City of Orono to achieve its objective relating to boat density because the land use has a direct input on the boating densities as is previously outlined. Public Access - I boat per 1 ‘-o 2 spaces Marinas - 1 boat per 5 spaces Residential - 1 boat per 10 spaces The central question of this approach is what authority or credence by Metro Council LMCD is given in their review of the cities* comprehensive plan amendments. If it is just review and comment, -moral suasion* will depend on how receptive the individual communities are to comment on their plana. ir tnese review end comments are given the -authority* of a Metro Council land use changes of a particular community around the Lake. In attendance at the meeting on October 16th to take a diff^ent approach on the project. They however made LsJ. r h- ■ i.E no commitnents. At both meetings it was indicated that Orono still had objections in other areas and at these meetings was only specifically addressing objections in the shore land. ALTERNATIVES - I. Endorse the Nayzata approach. 2. Endorse a separate approach. 3. Take no action. 4. Table for further discussion. 5. Encourage a further tabling of the item RECOMMENDATION - It is recommended that the Council encourage lMU to table l^urther action on the plan to give adequate time to further explore this new direction and see if it is better than the current proposal. PROPOSED MOTION - Moved by _, seconded by _, Council direct staff regarding its position on this new proposal to be presented in letter form to LMCD for t.heir October 24, 1990 meeting. Ayes , Nays cc:«u>Ellen Burr, 930 Partenwood Road ’‘iZSC Jeanne A. Mabust-n, Building & Zoning Administrator Gabriel Jabbour, 985 Tonkawa Road, 55356 J ATTACBHBirr D / TTTmUiVr DENSITY (Usable Acces/Doat) Total Nuabec of Boats TYPES OP ACTIVE BOATS CatagocUs of Access (Pec Appendix B of LMCO Report) 1. General Public Access a.) Raaped Access 1. Free Raaped Access 2. Private Raaped Access b«) Marina/Yacht Club Access 2. Riparian Access a. ) Private Riparian Access b. ) Soaeowner's Assn c. ) Municipal Access TYPES OF STORAGE 1. General Public Access a. ) Raaped Access j .. !• Free Raaped Access 2. Private Raaped Access b. ) Narina/Yacht Club Access If- 2« Riparian Access Total e«) Private Riparian 4,973 b.) b.) Hoaeouner * a Assn 698 b.) e.) Municipal Access 1,145 b.) te' 8.0 7.0 6.0 5.0 1,453 (1,472) 1,682 1,962 2,355 343 a.) 423 a.) 643 a.) 350-700 b.) Unk 1,982 b.) 6,816 a. ) b. ) L L Report Table 9 page 67 Report Table 4 page 19 t I . f : t. . V : 5 •;e^# Vt b r.k' L M C D Undtriylig Prlaclplta of tht MuuistBoaf Plan GUIDINO PRINCIPLE: Mianttonki is« unique and sensitive oaturai resource that must be wisely in order to auure that it is available in full measure to present and ftmire nNO PRINCIPLE: In order to manage the resource wisely, the disparate mai (dtiei, watetihed district, LMCD, DNR, and others), having separai nftfd to develop a common vision of the lake resource. This Mleod beyood the surfKe area of the lake to include Its environs. To the greatest these fyrtiftrfttea need to coordinate their plans, actions and regulations in such a wt: lealiie the **^'**^ vfaksn of Lake \Qnnetonka. PROVIDINO THE FOCUSED VIEW: LMCD believes that it has the unique reaponsibiUty ifffruMfT Of its tfffdfl? focus to articuUte and help promote the common vision of Lake Minnetonka. The bettevea that it is In the best position, once the common vision is developed, to be the of the vkkni; the entity charged with helping other entities, having much more divene mti mmA oMeedves than the LMCD, to lemenUimr the vision. The LMCD guide plan for Lake Mbmetofika thi****** serve as the vehicle for articulating the common vision of Lake Minnetonka. CCX)RDINAHNO MANAGEMENT STRUCTURE: The LMCD recogniaas that iu authoniy tf KmitmA mmimmMm to the wstets of thc lake, but its responsibility extends to making sure that a ^aHfffltmltoiini itructuf exists for Lake Minnetonka. Tire LMCD's management 1^^ is ff»»*«***to*t to serve as the vehicle for advanemg the UfCD’s idea for a ooordlnatiag imnfgffiffti itnicturc Uut can wisely mtnige the Leke resource accordingtothe commonly shared structure has not yet been folly developed. LMCD STRUCTURE: The LMCD dalres to develop a closer working relationship with its ddes, as well as other govemment bodies and agencies having authority over thc lake and ItsInmedlileeBviroiis. The LMCD proposas to mttateta Its present mamhershlp structure end net m tkc kaurd tu Sudnde lepieseutatlon of a^y ether cntltlce. IM^ FUNDING: The LMCD'i plan will attempt to identify Lake Minnetonka manaaMm actMtki and projecu both near term and longer tern, and to the mnent poasible the costa mweiated with theue activities and piojocta. It is the lotem of the LMCT ^ ooortoatlng nanauiaMul structure ptfoiitlaa the aetMties and projects, identify appropnato ftmdlog louie^ a^ I ^ iij I, HT----T *••“-‘-f In additioo, the plan will establish a multi-year budget for the LMCD itself. Tht LMCD prop o ses to coatlnus Itt owu fUudlBf sourcee. It win seek the advise tad cousaut of Hi eaastitueat dUea for auy dteagea la ttafot ■uthorlty. 1 shorb ^nd frotbchon : m ^ wOdMito ^ c «oauii»d la Oi* iirtft rtprtww* « tccapubie ptopowi suadart* that tha LMCD shortlaad manaymtat advtooiy ooa^ttM hai ba« ipedflcally taiterad trtth canala allawneai tom tha DNR to m L»ke JJJSSSTw® » . ■am tot >»«lr dx»0«a ortta»« ................ to asdl Daanbar la 199Z. I 0W|fv w —' iflKMd fDvanuBaatal hodlea. of liji— mr la r»*««i"g flaal dettnalaailoo on aay tltamatlve Uttgnay propoMla. TIM LMco Mi «<*« »»"•••• «»«>"“»»?5® tli SSU ^ • j • * r.^Sitss^^ ■»«<«<«> ^;iii22V!SSiS*S«ri*^ Sf2?M“S!£SitSS‘S5i^^ --SSslaKtsa^.'tsriS-'Sr'^—■dmi. iH0*to| tfca appwaM piocw oy aojwww ----------------- 5. Of U» dU- UMCD. rala to auppotitoa to and not ooouoUlDf of ttia dtlcs. rr A C Northw8st Associstsd Consultsnts, lnc« URBAN RLAN Nl NG • DESIGN • MARKET RESEARCH 29 March 1991 Mr. Jim Uttiey ^ T-zin Cities Metropolitan C'-iuncii Hears Park Centre Building 230 East Fifth Street St. Paul, MN 55101 RE: Wayzata - LMCD Plan FILE NO: 103.10 - 90.16 Dear Jim: Via a phone conversation with Gene Strommen os from other sources, it appears that the ^fke Minnetonka lakeshore communities may be proceeding on a paraxiel course with efforts which you are apparently undertaking. Following ^ loint meeting of the city-sponsored discussion, our office^was directed to edit the draft LMCD Plan to remove language or icems which at least eight of the lakeshore communities did not find acceptable. These specific topics involved: 1. Expdnsion of the LMCD meinbership. 2. Expanded and increased reliance on local property tax for income to the LMCD. 3. The purpose of the document (program versus plan) and the amendment process. 4. Shoreland involvement and Appendix C. Our office has in face completed a review of the October 1990 LMCD Wan and made deletions and minor additions pursuant to these foregoing topics of contention. niir aditino of the LMCD document revealed, however, that the baSJ proCleS being encountered is that the entire LMCD effort was based upon a philosophy wliich was not acceptable £ laast eiaht of the fourteen communities. As a consequence of stwStiohf we initiated a preface to ° fofthr^iiss IT “""?Sif^!Xfo!;:a?iis tir. revuSid at* a meeting on 27 March and there was ?ha I-T^aa* work should not focus on the document itself, but ratier the basic philosophic approach which should subsequently lead to a Plan revision. Excelsior Blvd.® Suite 410 • Minneapolis, MN 56416 *(612) 925-9420* Fax 925-2721 ¥ ■ri' I <:. Ml, m ■ m. pi''. Mr. Jinj Uttley 29 March 1991 Page Two , _ • -,,»-r-onflv in t.he process of expanding upon The City o£ our office prepared. It ia the basic subnit an e.xpanded preface statement anticipated <^>’at they our office is to modify this iffn^r^Jai^iage which fits the structure and approach to the LMCD Plan . ^ T -im d copv of the materidi which For your ?hll*a|ain is material at least in p?™!de yoS Siirln'!ndI?«ion of ‘tL directions being taken by the lakeshore conununities. 1.. Viral refill if we could be provided with a copyIt would be extremely helpful if we uouiu ^ „ 27 March. of what was presented to the L.1CD also at a ™«®hing meeting unfortunately, while there might^ave^been not^ and your Presentation sent contact, were lakeshore communities with oresentation. There was alsoakeshore communxui«= „j-esentation. There was also. aware efforts or your preset expected comment made that a topic or s y controcomment made that a th^^^ involved to have been specially .^e would appreciateover the past several months. In any case, of your keeping the wayzata Ci - ^be part of the activities which ^^re cf^the LMCD Plan. Additionally, Metropolitan Council in behalf wi-h vou to discuss bringing n %"Lcii1ion '^^op^lully establishing a coordinated direction. Very truly yours, northwest associated consultants, INC. David R. Licht, AICP President cc:Tom Young Frank Kelly Nark Bernhardson Gene Strommen 32991.2 TO: FROM: DATS: • t l‘A ayor and City Council Mark E. Bernhardson, City Administrator March 2S, 1991 % %t.% n 4^. SOBJRCT: Police Chief Selection Process V’ *% Attachment:A. Analysis for Proposal/Police Selection Process Draft B. Request for Proposals (Included in 3/28/91 Pacl’^t) Labor Relations Associates Sathe & Associates PDI (Personnel Decisions Incorporated) LeVwg & LeVang Public Management Consultants C. City of Orono Request for Proposals Dated 3/4/91 ISSUE 1. Present to Council proposals submitted for police chief selection. 2. Present a draft analysis of those proposals 3. Determine selection process: a. Determine if it is desireable to utili search firm to conduct such. a local b. Determine which firm to use. c. Select which services are desired. INTRODUCTION - The Council at their February 25th Council meeting dicectec^ staff to transmit Attachment C to individuals who had worked in this area. These were transmitted on March 4, 1991 to the 5 firms. As you will note all 5 sent in responses. DISCUSSION - Attachment A was prepared as a means to help analyze those various Request for Proposal on a common format. As you will note the firms represent diverse backgrounds and practices. Some represent an industrial relations physiology background while others represent executive search, selection emd placement, still others primarily work in the area of labor relations. Each of these do present a different angle on the approach. Other differences include: Expertise Experience Pricing As discussed, one of the keys to the process is the identification of areas for improvement by discussing with individuals within and apart from the department and city n K ^le. (• iA- ' y i ' ''L'. ft:'m: ¥ >kU- :i- t' rt ^£'.- orQainzation. ^his is requested in the request for proposal on paaa 3 uiideA areas for organizational development.) This identificati^ is intended to have the persons identify what they eonsi4«r ams that the new chief should be working on, with that prot¥ain5^a basis for selection of an individual and once that pecsW>|!k on board it would be a work program from which that p«rs<^'»lnitially starts. To have someone separately come in and do anHnalysis of the department and come up with recommendations would, to a degree, be meaningless because that consultant would not be the one responsible for implementing those changes. The expectation of the new chief would be the one developed in the solution and the one committed to implementing those solutions. If a consultant is engaged then it would be appropriate to address the timetable and based on that determine what interim department head measures may be appropriate if the expected start date for a new police chief would be after June 30, 1991. A final issue is if a consultant is selected whether full services would be selected or just selected services. While it is structured so that the City could select certain services the lines of responsibility to a degree did get blurred. A substantial cost of some of the proposals is determining areas for organizational development. While listed as optional it is mi area of prime importance. Another variable appears to be the amount of psychological testing done by the various approaches, tjse of such testing by placement firms differs by the area of practice and their background together with the "level" of job being selected. For some firms however, this forms the backbone of their practice and they place heavy reliance on these tests as far as prediction. Others use background references, experience and discussion with the applicant to ascertain similar Information. ALTERHATIVES - Issue #1 and 2 - 1. Accept the information 2. Ask any questions. 3. Make suggestions or additions to the analysis. Issue #3 1. Choose not to go with either firm. 2. If so, determine the following: a. Select one firm based on Request for Proposals or. b. Set a date to interview 2 to 5 of the individual firms RECONKENDATION - It is recommended that the Council after asking any questions and indicating any changes desired in the analysis of proposals then be able to use that as an assist should the various firms be interviewed. Igsue #3 - It is recommended that if the Council decides to go with executive selection firm and it could establish 5 P.M, on Thursday# April 11th to spend about 20 minutes with each of the firms. It is additionally recommended that Council limit that to no more than 3 firms and at this point it is recommended that Labor Relations Associates, Sathe and Associates and Public Management Consultants based on area of practice and experience particularly in the Metro area with police selection. If a firm is selected, then a contract would be negotiated with that individual for final approval by the Council. It is hoped that if Council would make a selection by April 11th or 12th that a contract could be negotiated by the April 22, 1991 Council meeting. PROPOSED MOTION - Moved by seconded by that Council accept the information from staff and give regarding further process. Ayes _, Nays _. staff direction r * f p:' '•’.. !■ ¥ CITY Q, ?oM OfSc* Box S6*Co'9tai Bay. M if iNd On the North Shore of Lake Minnetonka CO • March 4r 1991 Cy SiTT/the, Labor Relations Associates Larry Thompson, Public Management Personnel Decisions Incorp. James Brimeyer, Sather & Associates KaVang and LaVang consultants 4010 Bayaida Napla Plains MB SS3S9 Daar Dra. LaVang Tha City of Otono is soliciting proposals to assist it in aalaction of a new police chief. • « - et ti.« a desire to participate, we wouldIt your 1991 A final work program iS2ld'^i ’SljUt*’W b«w..n i s.l.ct.d v.ndot «d th. City* Ba)^fMi'ardson City Adninistrator CCS Mayor and City Council e ^^mcoixBAiioN a nNAKOi * o>.mi • fi»oceo«i-<*w» A' k. [4 ^r. |:rr3{rIvW: I f«-t $.W- I' f: I r; I: Il;: ri:.: fcr, fIk: p;: 2491.4 REQUEST FOR SERVICE POLICE CHIEF SELECTION BEECOTIVE SEARCH FIRM Attachment:A. Service Options B. Police Chief Compensation Excerpt Personnel RulesC. D. Excerpt Police Department Manual INTRODUCTION - The City of Orono is seeking proposals from executive search firms who have expedience in the area of Police /Department Head selection for municipalities^ particularily in the Metropolitan area. The City is in receipt of a resignation from its 16 year Police Chief Melvin Kilbo which is to be effective on June 30, 1991. This early notice given by Chief Kilbo allows the City to undertake a selection process and have an individual selected by Chief Kilbo's retirement. ORCANIIATIONAL SUMMARY - The Police Department of the City of Orono is composed of 15 1/2 sworn officers together with I full ^ian secretary, 2 part time secretaries and 2 part time Community Service Officers. Among the sworn personnel are as follows: 1 Chief - (Base contract) 3 Lieutenants - Have administrative/patrol/investigative responsibilities - (Base contract) 11 1/2 Patrol Officers - patrol/investigative duties 5 - (Base contract) 2 1/2 - Specifically assigned to Long Lake 4 - Equivalents specifically assigned to Spring Park The Chief of Police, while formally appointed by the Orono City Council# is a department head that reports directly to the City Administrator. The Police Chief in addition to being the Police D^pnrtment head also works on contractural and service coordination arrangements with the four fire departments that provide service on a contract basis to the City of Orono. The City in addition coordinates advance life support provided by North Memorial Hospital and provides on a contract basis, animal control services through the City's CSO system to Long Lake, Minnetonka Beach and Spring Park. tr m- V-- ft: The current structure was a result of a transition which began in 1987 and conpleted in 1990 changing front a four tier to a three tier structure. The Patrol officers are represented by Law Bnforeeaient Labor Services with the supervisors in 1990 becoming a bargaining unit also represented by a different business agent with Law Enforcement Labor Services. COWTBACT SERVICE - As noted the City of Orono (population 7300) does provide police service on a contract basis to the Cities of: Long Lake - 1,900 Spring Park - 1,300 Minnetonka Beach - 600 The contract service arrangement splits costs between a base contract for which a formula proportions the cost among the various cities together with allowing the communities of Spring Park and Long Lake the ability to select a higher level of service and coverage by specifically paying for additional officers. The 2 1/2 additional officers provides approximately 60% normal patrol time to the City of Long Lake and the four officer equivalents which is done by three officers specifically assigned together portions of 3 other officers partly assigned equalling 951 patrol time in the City of Spring Park. The Chief of Police is primarily responsible for preparing the budget and communicating with the contract cities related to these items with assistance from the City Administrator. The City Administrator and Police Chief are involved in labor negotiations with the two bargaining units. 1991 P- |.jv ■ (1991 Proposed)Cost of % of 1989 Cost of Base %Tbtal % of Part I and IX Service of Total Service Total Crimes Long Lake $104,890 13.3%243,491 21.4%a.i fl^pciag Park $ 77,632 9.8%278,826 24.5%23.3 Nimatonka Baadi $ 51,831 6.5%62,289 5.4%3.6 Orono $553,518 70.2%553,518 48.7%51.8 It . y u- E5.' w IT'*: ■£' i. m H’ li' If The factors used for the base police contract formula are as follows: Square Miles (12.5%), Population (25%), Miles of Streets (12.5%) and Assessed Value (50%). gxnected - Possible Process/Service - Because of the unique nature of the contract service provided by the City the scope of services will Include involvement of representatives from the contract cities during the process. The anticipated general process is outlined in Attachment A either list primary and optional pricing on the columns in Attachment A next to each item with a total not to exceed at the bottom. In addition to those indicated together with separately pricing any alternative process. RgCHOlTMENT poeltlon Description - Current Postion Description - This will represent a description of the job as it currently exists. Annlicant characteristics - The executive search firm would identify characteristics for applicants together with screening criteria for both initial and final screening. Compensation - Compensation for the position for 1991 is as outlined in Attachment B. Areas For Organizational Development - The consultant will spend time with various constituencies Including imp^cwisorSf patrol officers, contract cities, Orono staff members and Council in a review as to appropriateness of the current position description together with identifying areas for future organisational development and customer service by the new police chief. It is anticipated that this may require a substantial amount of time and prior experience with police departments by the consultant will be helpful. Recruitment * will be the responsibllTty of the firm to place ads in at least the following publications: (If deadlines are not a problem) League of Minnesota Cities Magazine/or 'egislative Bulletin Minnesota Police Chief Minneapoxis Star/Tribune Active Recruitment - it is additionally to be the responsibility to actively recruit qualified candidates in the Metropolitan area and State of Minnesota togethe: with other qualified applicants the firm is aware of within a reasonable distance (200 miles) of the Twin cities that may lie in other states. APPLICANT SCHEENING Initial Criteria - it is to be the responsibility of the executive search firm« based on applicant criteria, to narrow the field to an initial 10 to 15. These will then be reviewed by a composite of Council, contract cities and staff. Secondary - Based on that, the consultant will assist the abovv listed panel in reducing the number of applicants in the range of 3 to 5 for final selection. FINAL SELECTION - K'' Background Screening - The firm will conduct the necessary background screening including; meeting qualifications and necessary Bureau of Criminal Apprehension screening for police officers prior to final interviews. Please separately price the cost of a psychological screening. Interview Process - Questions based on selection criteria and prior experience; develop a questionaire and scoring for the final interview panel together with providing the background information on the individual. Position Offer - As an optional service the executive search firm can provide negotiated services for the process. CRITERIA FOR SELECTION - In addition to the general familiarity in selection of department heads the following represent criteria considered during the review process for proposals: A. Experience in Police Chief selection. B. Familarlty in selection in the Metropolitan area. C. Alternatives to proposal. 0* Cost of services B. Type of process proposed together with level of involvement P. Any experience In similar situations where the Department Bead is involved with providing contractural services to other entities. The City retains the sole right to select who it chooses to assist It and the scope of services to be provided on a negotiated basis once they have selected a firm. The City additionally retains its right to undertake the process on its own. It is anticipated that if they do proceed with a search firm that they will undertake a contract process for defining ■ore specifically the scope of services to be undertaken. Should you have questionsr please feel free to contact Mark Bernhardsonr City Administrator# City of Orono. Responses are requested by March 26# 1991. It*?:- fj.;';;?' :» iPfc 121990.l(tl) ATTACHNaif A D in » I Divelap iwwinr—It Xatcrvltv RmtIm XnUrvlw bevel of Invol oeirMcr cities STMT litian Onccent Nit totli tun Review RlpUemt Review Rev lew Review Develop (OI/RHlst OeNkp (Ol^vlew Develop (0) iai ling CKltarla Rnm lor OcgBilatlonal Review Review Review Review Review tevlew Revlw Develop 10) Develop (O)/Amlet Develop |0)/Revlew Ryit— kmama Siteit Active Unaerute to ae ageoed ABPliBMt aceeei.lna leoed on Initiel^on Initial CciterU aceeen to 10-15 lAnticlpete 7»>100 Afpllcatlons) Review Screening Screen Repcesentatlvels) on ling panel Representatives on City AAdnlstrator/ Assist Panel 1 Departaant Bend {Rnationa «d Soaring Possibly 1 Polion Stpecvlsor and 1 Patrol Offloer f■ .. .-•i' . . I N’ !iT‘ ■U .»••■■ t t*'-. • y-t' ■ Ir-M Ky\ t- f; .. 'W-. HV' '■ m-p- fl-:;. V V ■. ' 7-' )(■ ■ *.' ' :'': ••• %r N'i'''"’fh'^r ' ter me- conoL oommcT ciTiB STMT SBUOI rin«l SBl«ction (3-5) BaekiarowJ flcrecning Screening Intecelew Piaetee - Oueetlens Interview 3-5 (Mqbe Oomcll 1 tepreeentatlve frem the 3 Ooenmltiee cm Final Panel City MalnlstratBr Develop queeti Participate In Soaring Pinal Panel MocMMndatlan to CtMinell am nd - Soaring (If Pny) Seleetlcn Poaltlon Offer/ segotlatlcn (If SMSid) Mevlew Offer to Suoceeaful Participate aa Candidate Ooocdlnatar (O) Offer (0) iramltlon (Xf JiOF) o - Servi Ustad In that «1U be Optimal for TOIM. Mot to BlUiUs Servloe If Jtogr 1 i "k ikdiSiibnlli 2591.2 B- t-K If. ;i r. fi CITY OF ORONO INITIAL COMPENSATION OUTLINE CHIEF OF POLICE SALARY Present range per 1991 Compensation Plan $21,761 - 25.061 ($45,262 - 53,250.08) In addition the Chief receives up to a 5% incentive based on cities with whom contract police services are provided, broken down as follows: 2% - Long Lake 2% - Spring Park 1% - Minnetonka Beach This raises the maximum range to ($47,525.10 - 55,912} RELATED BENEFITS The City provides for single coverage of: Health Life Insurance ($5,000) It will pay up to $231.00/month in 1991 for family coverage plus single life insurance on the employee. FLEXIBLE BENEFITS PLAN The City does offer a flexible benefit plan under IRS Section 125 which includes as pre tax Day Care, Medical Benefits Plan and Health Premiums as outlined in the plan. VACATION This will be a function of negotiation with the successful candidate. SICE LEAVE This is 1 day/^onth. A maximum of 960 hours is an allowed accrual with anything over that going into a catastrophic sick leave bank of up to 320 hours. The successful candidate will be given a credit of 320 hours sick leave. Credit for 1/3 of sick leave after 3 years will only be for the amounts of sick leave over that initial 320 hours. r HOLIDAYS The City has 10 scheduled and 1 floating holidays VEHICLE The City provides an unmarked, emergency equipped unit for 24 hours per day, 7 days per week. -**-- * - ■ ■H' ‘ i: ft; Ur.' ct- h*- • !•■ if'' tk'u •*\ ^ A ^ • *4 * • «• • • ♦ 103. ADimilSTRATOR’S DUTIBS AMD RESP0HSIBILI7 IBS Th« general duties and responsibilities of the Administrator shall include the following: 1.Supervise and direct the administrative affairs of the City and all departments and contractors thereof and to seek effectiveness and efficiency therein. 2.Advise the Council regarding the policiesr affairs, financial condition and needs of the City. 3. Recommend an annual budget or budgets to the Council. 4. Carry out the policies, budgets, and directives of the Council including any attendant purchasing functions. S.Preserve the public peace, health, and safety of persons and property and see to the enforcement of the ordinances of the City and general law. 6. Administer the personnel program of the City. 7.Perform such other functions and have such other powers as may be established by general law, ordinance or resolution of the City, or as agreed to by the Administrator and the Council. 104. DEPAMMEHT HEAD*S DPTIBS AMD RESPOHSIBILITIES City department heads are expected to: 1.Be immediately responsible and accountable to the Adsdnistrator for the effective administration of their respective departments and all activities assigned thereto in accordance with the program and adopted budget. 2.Submit such reports of the department activities of their departments to the Administrator as requested. 3.Effectively supervise department employees and to maintain efficiency in their operations. Department Heads may adopt and enforce departmental rules and regulations not inconsistent with this Administrative and Personnel Policy, with the approval of the Administrator. Should one rule or regulation be more stringent than the other, the more stringent shall apply. 4.Import upon the efficiency of subordinates and will notify the Administrator of changes in duties of their employees in order that the compensation plan can maintained. 103> BSPOISIBIUnES OP dTT HKPLOTEBS r ATTACH!'l£:;r D POLICE OEP.2LRTMEIIT - DEPARTMENT y.i.NTAL CHIEF Dbiactive of P^sytion A supervision of all police functions. Major Areas of Accountability fnir* di i op. sn d sdP' i n — 4. 5. a) b) c) Uniforr. patrol investigations Administration and coTjrunications Support services d)Coordinate contract fire department sc_-/i-/ e) £) Civil defense director Liason between contracting cities Plans, schedules and coordinates the organization and functioning of tne Police Department manacerent activities . Defines and assigns duties, methods and level of per­ formance expected from each officer supervised, so as to remove areas of uncertainty that may otherwise exist. ^ Reviews performance of each officer assigned and provides opportunities for two-way discussion or tneir per..orm«nce. a) Recognizes problems which affect perrormance within the department and takes prompt action to determine facts and develoo corrective action; takes or recom mends disciplinary action when justified. b) Directs staff to similarly review performance of officers assigned under their supervision. Personally handles citizen inquiries and/or complaints, a) Handles such inquiries and complaints in a prompt, ex peditious manner so as to assure public respect for law enforcement. Participates with the City Administrator in the over a planning of department operations and procedural policies In a manner which will assure coordinated planning an Implementation of agreed upon plans. I : OROSO 400.3 POLICc. « - -*—- - - A CHIEF (ccr.tir’-e'i) a) Actively patricipates in staff meetincs. 7. Evaluates cn a ccr.tinuir.c basis all phases o: me specific law enforcer.ent: ac-iviries assiJr.ef as -i -sans of those supervisee. a) Innovates and improves utilization of officers, cricie prevention, and law enforce.'T'.ent techniques. 8. Develops and r’.aintair.s a workinq clir.ate within the areas supervised which activates and results in a dinated effective work perforrance frr~ each officer and other supporting personnel. 9. May personally perforr. the duties and responsibilities of a police officer as circur^tances r.ay require. 10. Maintains a cooperative work relationship at all times with other staff personnel within the city to assure coordinated law enforcement effort in the ccm~ur.i-.- a.-- citv ■ 11. Keeps the City Administrator currently infcrr.ad at a-- times of important developments which he will neec to know to carry out his resporsloi1 itles . 12. Makes recommendations to the City Acministrauor on any matter that will imorove the organization and functioning of the activities assigned and/or the over all Folic- Department operations. 13. Perform other duties ar.d assumes other responsibilities as delegated by the City Administrator. 14. Participates in the screening of applicants for the uni­ formed patrol and investigation unit, and makes recommen­ dations regarding selection. ^ 15. Defines and assigns duties, methods, and level of pera.or- mance expected from each officer supervised so as ro re­ move areas of uncertainty that may otherwise exist. ORONO POLICE DEFri'TMENT - EEPARTMENi M.--.NUAL 400.9-A CHIEF (ccr.tinuec) I;'; ..<T’“iri A . j; -Tas all T?y'. 5'?‘?s o~ activity ot thi0 iir.ifcrr".s<2 pat^sl and the investige-.ion unit, including the indivicuai per­ formance of the staff as a basis for two-way discussion and thereafter counseling and/or commending as may be j ustified. 17. Personally handles inquiries and/or compiaints in che absence of the City Administrator. Ex9Jnpl^s or P^rforrrt^nc0 Crlt0ri3 1. Meets all requirements established by the City of Orono for this position. 2. Maintains a working climate within the areas managed which results in motivation of each officer assigned to 3 hioh 10V’®1 of p0rrorm3nc0# 3. Maintains a thorough knowledge of the principles and practices of modern police administration and law en­ forcement methods and techniques. 4. Maintains a thorough knowledge of the Criminal Code. City Ordinances. Rules of Arrest and Search and Seizure, to assure legally accepted procedures are communicated and practiced. 5. 'Has proven ability to plan, evaluate, instruct and direct' the work of officers in a manner which commands their respect and results in effective police work. 6. Communicates effectively in making oral or written reports 7. Develops, maintains and promotes a cooperative and har­ monious work relationship with fellow officers within and outside the department and with the general public. p^sponsibllitv for Work of Others. 1. Direct supervision over: a) Assistant Chief. Sergeants, and/or other department 2. A^s^es*full responsibility for supervision of department personnel. r, !;■: ' j;- P ■i'*' Uii : b Ft', *r.‘ L. r. , I.'- /^■:r JM' h‘r r]-.. h. Tos Mayor Peterson & Orono Council Members City Administrator Bernhardson A From: Omtot Sobjocts Michael P. Gaffron, Asst Planning April 3, 1991 rioi^Ziesmer Peguest for Sewer Assessment "Grace PerioMy^ Today I briefly discussed with the representative of the neighborhood group regarding their plans for approaching the Stubbs Bay property owners on an individual basis to get a better Idea of outstanding concerns with the sewer project and its assessment. Be indicated that within the next week, he would be talking to some of the area property owners^ and would then discuss with me whether a follow-up letter might be helpful to address the concerns discovered. Attached is the City Administrator's memo dated 2-28-91. 1. 2. Accept the information. Table for 2 weeks to determine what input the neighborhood group can provide. 3. Take no action. timi Staff recosnends that this issue be tabled until the April 22nd meeting pending receipt of additional information from the neighborhood group. Mote that we are stil 1 at least 4 to 6 weeks away from ground conditions which would allow construction of the Siesmer's mound system. Notions Moved by seconded by to table the request by Todd and Marie Ziesmer until the April 22, 1991 Council meeting. Ayes _ _, Nays _ _. Isv fe . IL tty T f* . 'rt- r H r'V ■ f-y ■ S^-**I- w • !•; ■ ftl r: ‘f ■' !> fe §• l; ;> I r, hi-mr ifi'y :2391.S TOs Mavor and City Council WKMx Mark E. Barnhardsonr City Administrate DMTMt February 28, 1991 SOBJBCT: Stubbs Bay Sewer %|f/» Attaebaent:A. Ziesaer Letter Dated 2/22/91 B. Code Section 12.30 Subdivision 4 Requiring Sewer Connection Within 16 Months ISSUE - Determine whether Council would agree to a 15 to 20 year asseasaent deferral as requested by the Ziesmers. IHTROpUCTIOH - have been on a area set aside interesting to tank, and that who are on the The Ziesaer's built a new home three years ago and holding tank ever since, although they have the for primary and alternate drailfield sites. It is note how much it has cost them to be on a holding information may be relevant to other properties brink of having failing systems. DISCUSSION - If the issue of Stubbs Bay sewer would be deemed to be ”dead^ for the next five to ten years, the Ziesmer's would bswe at least some use of a new mound drainfield system, and have it substantially paid off, before sewer was assessed. However, if Council expects to make a decision on the the Stubbs Bay sewer question within the next year, they could be hit with sewer assessments at the same time they are trying to pay off the septic system. An alternative would be to assess them at the time all other properties are assessed, but grant them a delay for a certain nuaU>er of years similar to a Senior Citizen deferment, at the end of which time all principal and interest %«juld start to be paid (staff has not explored whether this would be legal). Gsneratine interest in the S^ubb^ Bay Sewer ~ As Council is) A f^ ^ ^ ^ ^ ^ ^ ^ — ~ ---^ and as note^in the letter, a group of individuals have been exploring ways to generate additional interest in and acceptance of the Stubbs Bay sewer project. Staff has explored options with this group and provided them with additional informational materials to assist them in generating interest in the Stubbs Bay area. The three strategies that may assist generating interest are: A. Require that any currently failing systems must go on holding tanks effective on a set date. B. The City could assist in some percentage of the costs by purchasing "reserve capacity" for future connections lAmii'iliii I'Wii outside the project area C. Pursue construction only of the **j9her den^sity nopth«fost and northeast systems, leaving the balance of mUr^op«tl.. not .erv.d, «lth th. City PO«ibly ^e^ing ieiirv. capacity for tututa uae of the larger properties not served# aLTmUTIVES - X, Accept the information. 2. Table for further discussion. J. Take no action. - Tt is recoiBoended that Council table this natter PWWOSD HOtlOB - Mov«l by aeconded by , Council table th is pending receipt of information until the April 8, 1991 Council meeting. Ayes Nays To: Orono City Council From: Todd & Mario Ziosmer 3440 Bayside Road RE: Stubbs Bay Soo«r Project ^ ^ oo*rc3 ^ Dear Mayor Peterson & Council Members M . «t«». .oua b. j ^ inimtd • bolding tank as a tamoorafy -jj, ™ pumping. This jnillr consmvation techniquo po^ia: usa a CnSS^ waax «**'>•» *>V >«"0 *!,TmlauioTonm* / ..............and mnr« as we think of them. tfsbwasber) -JL « sama naiohbors of tha importanca of tha sawer, and wa avan mat SmHw Saffron. Maik Bamhartson and 3 III^STafl uT’ow' SZSrJTfron^ ma City or soma wa of subsidy from tha stata. Tha min iMSon for this lattar is to ask for a graca P«n«> ^ SlliSrL^tLno Wa l»<ra astimatas from $8,000 to $10,000 tor this lob to ba S^PoMons. wa would lika to taka cars “ mipactlng our saeond child this summar. This will malm ma auan mora difllcult to liva w«h. Wa ai. a^l^a « to'20 ya^^partod so that wa can gat ma saptic systam paid off batora wa would have to begin paying for the sewer. PUas. smfously considar our raquast and c^ "Zmr. questions. We would appreciate your prompt attention in deal g Sincerely, r s '12.30 Subd. 4. General Provisions. *• ’5!*“"’'^ 'Tir c»n«= “on*Vo clfy tb. City «*••“ *>• ^V^tVo .nd 5i.p2!.d of in a- >n-.ite .y.te» S17« »"»".S'.!.... ■ball apply *» “• or habitation, -hether auch ria^U |S-Si2:t'"t:SSrary or a.a.onal, r.,ardl.a» of tb. dat. s;,ln.rconatTbction or a... ^ ^ a.«ar la tb. availability of g^SisVr rccSS'din, |o *|«.p'-„^.vro‘fibr.*. -•>j,%vrb: . to Citv a.v«r aball b. ax.npt from tb. SriStSSJ:*:^ f»^*c'ti1n provi.ion. of tbi. s.ction. C. Standard glJlVn'*iand"of'Vu\t “b\. Saracteristica *!^d ^use of a -standard* on-site »y»5fS; on^^aTayat.-. parnitte. by tbx, S.c-ron without a variance thereto. Source: City Code Effective Date: 4-1-B4 -w tj «.s* r<*-v find that any of the D. Varianoaa. ®*’®“^f»‘‘l-„ireable to tb. d.aign, ptovlalona of tbia S«J'“®"/!*,p"eifi^c ayatan, or would caus. loestion# or conotruction owner# the City mey ana.e.aaary aa'^ara not contrary to tba intent K5“^*r^" or4*iVr=t\*’oVVr”otb.r applicabl. law. - ......s- .ASira 3!‘is:!n: « „ ,u —...™ s. UM Of approval or tbaraaftar. 3. Alt.rnativ. »y*V,2it'ioglly app?ov« or tavlowad by tba City *■>» •'‘•^.•"'^^‘ahfu^iaboit /“! S^,2u“T.r.‘s jsW s: • ) iSf 10 CC 493 (4-1-34) W- li­fe >i9 TO:Mark E. Becnhardson, City Administrator marnt Jaanne A. Mabusth# Building & Zoning Administrator April 4, 1991 80BJICT: Salary Adjustment - Bruce Vang Per Council directive of May 9^ 1990 Bruce Vang's position as Building Inspector scheduled for a salary review in April 1991. The City continues to receive reports of his helpfulness in the field. Bruce is also continuing with classes for building inspection so that he can apply for Class II certification. Staff recommends Mr. Vang's position at Level 7, Step 3 at a current 1991 rate of $14.24 per hour be increased to Level 7, Step 4 at $14,991 per hour* This final salary adjustment will bring Mr. Vang's salary level in conformance with the expected performance level for the Building inspector position. TO: Mayor Peterson and Council t John R. Gerhardson# Public Works Director Forwarded recommending approval. PROPOSED MOTION — Moved by , seconded by ^ to approve a salary adjustment for Bruce Vang at Level 7, Step 4 at a rate of $14,991 per hour effective as of April 22, 1991. Ayes , Nays cc:Personnel File Burce Vang Tom Ruehn, Finance Director Jeanne A* Mabusth, Building & Zoning Administrator M^.yor and City Council ' Mark E. Bcrnhardson, City Administrator ^tSi Hay 9, 1990 SOBJBCTs Salary Adjustment - Bruce Vang ^ >V _ ____*111. ^ .etive o£ Octobsc 23, 1989 Bruce Vang’s position adjustments ??.■=*.=“S. ssissr* a: 2T?.! “ .1. r.J.l»e rec t reports of his cooperation and«t’r~»::nV.s-reieiv. r^ ;,/%^o°rir/ec^'»«%TVr?ran*,’2 E?rpVo.«?o^n-aV. rer?:r;oul^‘ ci‘ntn:: j;”“rocto‘beV 23'; ''"lo «"ith a sala'r/ adju.tnent in that position scheduled for April 23, 1991. as-r¥i?S\€'KS=3,S^^ Kl«V“.“i.rfnih“ ;«Vti“o'n «?2fuleV“ oV hVr'il'”®, "l»9X. Ayes Hays_. CCS Personned File Bruce VangThomas Kuehn, Finance Director r? f lx /9^ Interoffice Memo Date: To: April 5. 1991 <y Mark Bemhardaon, City Administrator Tom Kuehn, Finance Director ^2 From: Be: Melvin Kilbo. Chief of Police % Beaignation of Lt. Hark Horan Lt. Moran has indicated in a letter to me that he wishes to resign from the Orono Police Department effective April 18, 1991« as he is returning to school on a full time basin. Mark Horan came to us on 0/14/86 and has served well as an officer and lieutenant. I am disappointed to lose an experienced officer and a friend, and I regretfully accepted his resignation. As Lt. Horan has worked for the City over three years, he is entitled to one-third of his sick leave at time of his departure. As of 3/31/91, his balance was 265.38 hours. He also has, as of 3/31/91, a balance of 100 hours vacation and is due time for his floating holiday. I would like the Finance Director to calculate his final pay. TO:Mayor and City Council FROM:John R. Gerhardson, Public Works Director Forward recommending acceptance. PROPOSED MOTION - Moved by _, seconded by to accept the resignation of Lt. Mark Mo.-'an effective April 18, 1991, Coimcil wishes him the best in his future career choices. Ayes _, Nays _. VILLAHE OF OKONO, 'I.’JNESOTA STATEHENT OF RESIGNATION HAIie Of^cBIPLatBE Nark'F. Horan OtpartiilAV Polictt Dept. Ststouioiit of Rosifoation: Salary Rate 19.22 POSITION TITLE Lt, Full Time xx Part Time , thl_. r..iy«ion b. .ccpcd by th. ViU.JJ^Councll^ta^^ affoctivm on renuearmt ett^pensation for personal sorvice iyehS ViilJio^irlirabive indicated JosiSon for accrued a^ual leave tor^Zdi?r ?!.rL"on for tul. i* as follow*: To return to school f rliff r- Onto:(Employee's Signature) t •acoBMiulatien of Oopattaont Hoad: I wovM M «ould act ( ) r#-bire this ooployee Tdi* poaitloo oay oot b# rafillod until, DOM S r. mt.______________leper tmen Cextificntion of Accrued Leave: nyMat tor_______.day* accrued leave upon eaployee’s temlnation on is hereby atithorixed. fr 1 Ontt:r age [minisiraior ► fl !• f Interoffice Me&o Date:April 4, 1991 To:Chief Melvin Rilbo Prom:Lt. Mark Moran Be:Beaignation Ploue acoevt this as mj formal resignation from the Orono Police Department. This will serve as my two week notice, and my last day will be April 18, 1991. I am resigning ay position so that I may devote ay time returning to school. i Wt— k I- ^ DATE: TO: fBOH: SOBJICT: April 5t 1991 All Personnel Chief Hel Kilbo Resignation of Lt. Mark Horzm This is to advise jou that Lt. Moran is resigning frra the Orono Police Oepartnent. Be will be returning to school to porane his degree. His last dav will be Thursdar. April 18. 1991. 32891.3 1.^ J / DATES TOs FROHs SUBJECTS *>)•- ■>Mayor P*t*r»on and Orono City Council March 22. 1991 Hal Kilbo, Chia-f oi Polica Paraiasion for vahicla auction I aa rac|uaating paraiasion to hold a public auction for vahiclas toaad Mhich raaain unclaiaad by tha ragiatarad OMnara. Notica will appaar in tha naaapapar and tha ragistarad oanara Mill ba contactad and advisad of tha vahicla going up for auction. This auction Mill ba hald on April 27, 1991 at lOsOO a.m. at Parrya Truck Sarvica in Long Laka. TOs FROns Mayor and City Council Mark E. Barnhardaon, City Administrat Forward racoaaanding approval PROPOSED MOTION - Movad by_ _, sacondad by_ _, Council •stablishaa April 27, 1991 at 10:00 a.m. at Parrya Truck Sarvica aa tha tima and placa for an auction of unclaiaad vahiclaa subaaquant to published notice in official nawspapar and notification being sent to ragiatarad owners Ayaa_ _, Nays_ _. (K.-- ■r \ ■ ri' ir- 's’'*. t-;. r*/ DATE: TO: raOM: SOBJKCT April 3, 1991 XHark Bemhardson, City Administrator Mol Kllbo, Chief of Police Pemission for public auction % I am requestiac permission to hold a public auction for abandoned, confiscated or found property. This property consists of 28 video tapes, 20 bicycles, three 35Mf cameras, 3 tackle boxes, 4 tool boxes, as well as other items, too numerous to list, plus other items of city property no loncer needed. Sales will be by cash or check and all sales are final. All items sold to the highest bidder. The auction will be held at the Orono Police Department at 445 Willow Drive in Long Lake on Saturday, Hay 11, 1991 at 10:00 a.m. Mayor Peterson and City Council IBOM Hark Bemhardson, City Administrator r* Y Y BNDIN6 APPROVAL secondedProposed motion - moved by_ _ _ _ _ _ _ _ _ by Council establishes Hay 11, 1991 at 10:00 a.m. at the Orono Police Department at 445 Willow Drive, Long Lake, as the tine and place for an auction of abandoned, confiscated, or found property subsequent to published notice in an official newspaper. ■iikin’iiiTitrf rfUdyi t rMfif i i In 11 *p.V If itr ^1'I 1?'.^ m- V . 4*:.' 't^x.:Pf:^.v If: fl-?'• M' fc:' ■' $g v:f te- f\ »»j* ‘Hr..;. r. m Mil: TO: ilOH: 80W1CT April 3. 1991 6501 •911 Auction Hat 4 3 9 1 tool boxes contolnlng nisc. tools flnsU^Obtr ' s oar ^<Mr«o eoualisers mf osrlns traaseoiver 1 1 1 1 1 T 1 1 1 1 t 9 1 t 4 1 1 9 1 AH/fH oassatto radio with speakers AH/fH eassotto oalkasa 0.1. bsadhold stereo ■ulti~effeet8 controller Psaasoaie 6 track stereo recorder sots of stereo speakers 95m Peatax cMera csaera >ra disc loratoae oaaera oar CB radios oaasotte tape ease holders with also, tapes bladt Aaas oarrriac ease hair trlBBors ooolers die helaet taoklo boxes ooataiaiax also, flshlax lures aatoh 1 tor traia oaciae OfBI 20 1018 AID 0HLS BUOS 28 i gttitoaao B oaxbido oiroolar saw blades 6 Cha^ioa sparkplucs 4 nCD saoias batterp packs Hiao. fil* aiaoa mao. F ii K. J c/'3 DATE: TO: FROH: SOBJICT April 1. 1991 Hark Bemhardson, City Administrator Mel Kllbo, Chief of Police Besisnation of Kevin Walsh, C.S.O. "<1 Kevin Walsh who has been a Community Service Officer for 4 years is resisninw to attend a commercial truck driving scdiool. Kevin started as an intern in June of 1966. He was hired as e part time, temporary Community Service Officer in August of 1967. His status was changed to part time, permanent in 1989. His last day of work ic April 12. 1991. He has been an eiraellent employee, prompt, polite and has exhibited a positive public relations posture. Bis wage rate is 66.249 hourly and he has no accrued benefits. Be has been a valuable employee and the City will miss him. Bmeommmndation “ To accept the resignation of Community Service Officer Kevin Walsh effective April 12, 1991. Proposed Notion - Moved by , seconded by _ _, to accept the resignation of Community Service Officer Kevin Walsh effective April 12, 1991. Ayes _ _, nays _ _. Voi Mayor Peterson t Council Members John R. Gerhardson, Public works Director Forwarded reconmending approval Also attached for review and signature by the mayor and eenacil is a letter of appreciation for Kevin Walsh thanking him for his years of service to the community. % ? -i ■l' I 1: W- IV > Wf^r & f i rr {f*. >. ’- ;v -? mh^ ,J/J5/91 Dear Chief KilbOr Please accept this letter as my notice of resignation from the Orono Police Department. This decision is in no way affected by anything you or anyone else in the department has done. I ve thought about this for many months and discussed it with my wife. I will be leaving here and going to Wisconsin to attend a truck driving school. I wish to thank you for the opportunity to work under you for the past 4 years as a Community Service Officer. While working here, I have learned many things that will be helpful to me when 1 dsclde to furth6r iny Law Enforcement career. I would like for my last day to be Friday, April 12, 1991 as I will be starting the school on Monday, April 15, 1991. If you would like for me to work on Saturdays or Sundays, I would be very willing and pleased to do so. Again I wish to thank you for the opportunity to work for you and I wish you all the best in your retirement. Sincerely, Kevin L. Walsh f' bV' ¥a \i^ w/o^°^o % / A-. GITYofORONO >» • .V ' ^ *BHO^ Cn^ !•%« Mimififm 55323 April 9, 1991 Nr. Kevin Walsh 1708 Avocet Lane Hound* MN 55364 Dear Kevin* It is with regret that we accept your resignation as CowBunity Service Officer for the City of Orono. As Community Service Officer you were faced wi*h a variety of situations involving assistance to the residents of Orono. As one of your duties you responded to situations involving persons pets* which on many occasions is s<?nsitive and emotional. The manner in which you handled these and other matters has been very commendable. We have appreciated your years of service to the City both as an Intern and Community Service Officer and wish you the very best i the future. Sincerely Barbara A. Peterson Mayor CounciImember8: J. Diann Goetten Edward Callahan Gabriel Jabbour Mary Butler nUniONC > 4f3-73d7 • SIX > 4TMS10 Date: To: Frcwi: Re: Intero-ffice Memo March 22, 1991 Mark Dernhardson, City Administrator Mel Kilbo, Chief o-f Police Donation to Canine Program ^ j >i % Attached you Mill find a *200 donation to the canine program from Cub Scout Pack 206. Officer Dan Fischenich and Baron gave a talk before 350 Cub Scouts at the Blue and Gold Banquet. I request the Council accept this donation. If accepted, 1 Mill send a letter of appreciation on behalf of the Council. TO; FROM Mayor and City Council Mark E. Bernhardson, City Admir.istrat Forward recommending acceptance. PROPOSED MOTION - Moved by _, seconded by _, the Oronc City Council authorizes acceptance of the donation from Cub Scout Pack 206 for the canine program and directs staff to send a letter of thanks to the pack. Ayes , Nays m .•V . . •. ..•\ ■• m « m t. CIM PACK 20e LONG lake MN 1045^ 'm<A9.rn^ ^ few -T?^ CK a S^-^vj ::) I« II A j^/la ^c U^ X, Q 1 STATE BAM( OF LONG LAKE int Mf MNHIIA ti1«. 4TMS9 s ^7^ d/f CJL-^C (jj cJotV lOQi* f^soRiooaa^^i: 20 2H.a7q«» io««5 f^' .<va4 ^'^JAjU yA^-i^ <^2X)/q Uy’-O^iJULy ihnh/^0 6 j(lAjbOujiXZC^J clt (Uc\j £U ujl 9^ \a/iAjy, itcuM^o AW^i^ 1^,.V*» ••-. I^-'- * -i ■» b- f i r I % Tot Mayor Petersen and Orono City Council Member Mark Bernhardson, City Administrator John R. Gerhardson, Public Works Director Each year it is necessary to emplc'» counter helpers and maintenance helpers at the Orono golf cour ^e* Date: April 3» .991 Subjects Temporary Employment - Orono Golf Course The following persons have applied and expressed an interest in returning to work at the golf course for the 1991 seasons Marne Betty Stevens (temp.) Title Rate Per Hour Walter Mills Fred Abrahaason Forest Jostrom David Lundstrom Doug Erickson Dan Oas John Ross Robert Braun Aaron Burdick Counter Help $6.00 Counter Helper 5.25 Counter Helper 5.00 Counter Helper 5.00 Counter Helper/starter 5.00 Maintenance Helper 5.75 Counter Helper/Maint. 5.00 Counter Helper Counter Helper Maintenance Helper 5.25 5.00 5.25 Effective Date 4/9/91 4/9/91 4/9/91 4/9/91 4/9/91 4/9/91 4/9/91 4/9/91 4/9/91 4/9/91 Hai f—endat I nn - to approve the temporary employment of the above persona at the respective hourly rates effective April 9» 1991. Fropoaed Notion - Moved by seconded by to approve the temporary employment of the above persons at the respective hourly rates effective April 1991. Ayes _ _> nays jib [: 5:^ s':; H kI'- r- itt ■ fs f’ ^U- Li I- I ■'•trc ,K‘( u-Tku f»'i.V "Irirr i-i:n. Tios Mayor Peterson and Orono City Council Members Mark Bernhardson^ City Administrator Datet John R. Gerhardson, Public Works Director April 3, 1991 Subjects Source Reduction Program As part of the recycling program and part of receiving funds from Hennepin County it is neccessary to establish a source reduction program for the City of Orono. A source reduction program simply stated is that a facilitator is appointed to establish guidelines and implement programs within all of the departments of the City organization to reducer reuse and recycle. A few examples are: 1. 2. 3. 4. Copy machines are capable of copying sides. Copy machines will copy on recycled paper. All "office paper” is recycled and not thrown in trash. Purchase equipment that will last longer. I have prepared a resolution for review and approval. mm •Bdmtion to approvr ,<solution i establishing a source roduction program for tn«^ City of Orono and to appoint John R. Gerhardson as the facilitator of the Source Reduction program. seconded by , to approveFroposod Notion ~ Moved by _ _< resolution # establishing a source reduction program for the City of Orono and to appoint John R. Gerhardson as the facilitator of the Source Reduction program. Ayes ___« nays jib . iMtt- I Fi rf. w.a\ RB8OL0TI0II BSTABL1SBIN6 A nCB RBDOCnOH PR06RAH •. WHBREA8# the City of Orono is a municipal organization '^4xisting under the laws of the State of Minnesota; and miBKBASf the City of Orono is a leader in the nation regarding protecting the environment^ and WHBBBA89 the City of Orono is an advocate and promoter of Recycling» Reducing and Reusingf and BBBBBASr the City of Orono wishes to comply with Hennepin County standards regarding environmental protection. mom, TBBBBFORB BB IT RB80LVBD, that the City of Orono does hereby establish a source reduction progreun which will include but not be limited toi Eliminating unneccessary purchases. Reducing the amount of waste being disposed of. Purchasing products with longer more useful lives. Purchasing non-hazardous products when ever possible. Purchasing products from recyclable or recycled materials. Reusing oiaterlals for original or new purpose. Identifying and removing barriers to source reduction program. IT 18 PUBTBBB BB80LVBD» that John R. Gerhardson be appointed as facilitator of the Source Reduction Program. 1991. Adopted by the Orono City Council on this 8th day of April# Barbara A. Peterson# Mayor ATTEST; Dorothy M. Hallin# City Clerk % J^L k PI i* %-■ Ir 'ifI % a: % F*' ■V r-s'*^A c^y Tot Mayor Petersor and Orono City Council Members Mark Bernhardsoii^ City Administrator Datot Snbjocts John R. Gerha»'dson, Public Works Director April 3, 1991 Yardwaste Program 1991 In 1990 the City of Orono implemented a yardwaste dropoff program for Orono residents. % The program allowed the dropoff of leaves and grass every Saturday beginning in May thru November. Although the program was well received and participation was good. The amount of items collected during July and August did not justify the expense of having personel and equipment available. Dropsite will be closed if weather is adverse. Therefore the following schedule for 1991 does not include July and August. Nern—enilatl nn to approve the attached yardwaste compost program and schedule for 1991. Treposed Notion - Moved by _ _, seconded by » to approve the attached yardwaste compost program and schedu1e for 1991. Ayes _ _» nays_ _. jib f 'I*.' f %.<0 . f '' A CITY OP OROW) ^8TB PR06RAII 1991 The City of Orono will be providing a drop site for leaves and grass for 1991. The drop off site is at the long gold equipment shed in Crystal Bay next to the administration office. The schedule is as follows: Saturday Hay 4#1991 8:00 A eXIle - Saturday May 11#1991 8:00 a*me — Saturday May 18#1991 8:00 A • n •— Saturday May 25#1991 8:00 A ein e — Saturday June 1#1991 8:00 A ein •— Saturday June 8#1991 8:00 A • Cl •— Saturday June 15#1991 8:00 A e d •— Saturday June 22,1991 8:00 A ede — Saturday June 29#1991 8:00 A • d e • 4:00 4:00 4:00 4:00 4:00 4:00 4:00 4:00 4:00 P eXR e P elR • p ein • P e IQ e Pein pein pelll Pein Pein July and August: Site closed no collection P Saturday September 7#1991 8:00 A • in •-4:00 ped. Saturday September 14#1991 8:00 A • HI e •4:00 P ed • I Saturday September 21,1991 8:00 A • SI ••4:00 P ed e #Saturday September 28#1991 8:00 A e SI •—4:00 P ed e Saturday October 5#1991 8:00 A eSI e —4:00 Ped e l‘Saturday October 12#1991 8:00 A • SI e 4:00 Pede 1 Saturday October 19#1991 8:00 A e SI e —4:00 P e d e Saturday October 26#1991 8:00 A e SI e —4:00 pede Saturday November 2#1991 8:00 A • ni e -4:00 Pede Saturday November 9#1991 8:00 A e d •—4:00 Pede Saturday November 16#1991 8:00 A ed e •4:00 P ed e Bagged leaves will have to be emptied into a large container at the dropsite. We will not accept bags of any kind. res and grass only. If other materials are mixed with grass and leaves the entire bag# bags or load will be rejected. SO BID r.- t..- f," if ;'t■^I. ‘'.', i,v. r*'. 1 53190.14(HD) TO: ?!ar)c Bernhardson, City Administrator raOM: Tom Kuehn, Finance Director-/?'^^ ^ DATE: April 3, 1991 SUBJECT: 1990 Police Department Operations - Financial *»yL ’ V** ISSUE - Approval and acceptance of the annual police department financial operating results report. DISCUSSION - Attached are schedules comparing the 1990 actual expenditures to the budgets for the police department operations in the *base ” contractf and the additional manpower contracts for Long Lake and Spring Park. Also attached is a copy of the 1990 cost distribution by city and the resulting amount due to or from each city. I have revised the report format for the base budget vs actual in that the information is presented by type summary and not by individual line item. I have also revised the report format for the estimated cost distribution summary by showing only the total base budget and additional manpower rather than all the detail because the detail is presented in the original documents. The net 1990 costs are $8,284 over budget. The amount over budget is made up of three parts. The base contract is over budget $28,494; while the Long Lake additional manpower is under budget $7,822 and the Spring Park additional manpower is under budget $12,388. The net effect of the 1990 final contract costs is that Long Lake will be credited $3,438 in 1991, Minnetonka Beach will be charged $2,086 in 1991, and Spring Park will be credited $9,166 in 1991. TO:Mayor and City Council FRCBf: Mark E. Bernhardson, City Administrator Forwarded recommending acceptance. PROPOSED MOTION - Moved by _, seconded by _, to accept and approve the 1990 Police Department Financial Operating Report as presented. Ayes __, Nays __. r t I 5:' Vr i‘ tt ft :-.i. If 531 ?0.13 (HD) CITY OF OROHO ACTOAL COST DISTRIBOTION BY PARTICIPAIIT COMPARED TO ESTIMATED COST DISTRIBUTION BY PARTICIPAIIT 1990 BUDGET YEAR MINNETONKA SPRING ESTIMATED COST DISTRIBUTION Coaposit « ai)pli«d «xcept to Contract Charge total Base Budget Total Additional Manpower Grand Total Estlasted Cost ORONO LONG LAKE BEACH PARR TOTAL 70,261 13.53%6.34%9.88%100.000% $530,603 $122,770 109,478 $57,496 $ 89,629 183,112 $800,499 292,590 $530,603 $232,249 $57,496 $272,741 $1,093,089 ACTUAL COSTS DISTRIBUTION Base Contract Costs $526,170 $101,339 $47,486 $74,001 $748,996 Adainistratlon 52,617 10,134 4,748 7,400 74,899 }Total 578,787 111,473 52,234 81,401 823,895 \ ) ' Police Town Aid Credit (1989-90)(29,382)(5,659)(2, 652)(4,13f)(41,826) Total Net of ^own Aid 549,405 105,814 49,582 77,268 782,069 Contract Charge —21,341 10,000 15,563 46,924 Total $549,405 $127,155 $59,582 $92,S51 $828,993 Additional Manpower town Aid credit (1989-90) $107,105 (11,203) $178,984 (17,924) $286,089 (29,127) Total Net of Town Aid Contract Charge 95,902 5,754 161,060 9,664 256,962 15,418 Total GRAND TOTAL ACTUAL COST $101,656 $170,724 $272,380 Actual Coats Over (Under) Est. Costs Charge (Credit) to 1991 Contract Billing Date 07/01/91 Billing Date 10/01/91 TOTAL CHARGE (CREDIT) $549,405 $228,811 $59,582 $263,575 $1,101,373 $ 18,802 $ (3,438)$2,086 $ (9,166) $ 8,284 $ (1,719)$1,043 $ (4,583) (1,719)1,043 (4,583) $ (3,438)$2,086 $ (9,166) Is r I V- S’U' V tV' If- i\ % 1990 sm :vloe8 OoHnditiM « sillies pfotessioMl stfvioes frinting « pi^lishing Utilities iBitalSf radio t building OoBtnet asintananoe & repairs Other oontraet services Xmaranoes OtfaK charges capital outlay POST State Aid Reinbursenient fOEK. base OONIBACr i-'I'-.If'.% )ffr V 31, 1990 BODGCT $507,616 46,790 8,500 8,800 3,000 3,600 25,220 21,890 10,150 13,750 20,350 2,330 49,270 $721,266 5 31^0.12 (HD) leaMJf tb MR - BASE OCMBncr ACrOAL $532,789 52,911 6,742 8,146 5,543 3,322 24,874 26,183 17,411 10,328 20,955 2,377 43,855 (6,440) $748,996 ACTUAL OVER (UEDEaO BUDGET $ 25,173 6,121 (1,758) (654) 2,543 (278) (346) 4,293 7,261 (3,422) 605 47 (5,415) (6,440) $ 27,730 i'" ¥ r B: li 'f: r i iS' h ■X- A\i. 53190.11(HD) CITY OP ORORO POLICE UEPARTMB1IT 1990 BUDGET YEAR YEAR ENDED DECEMBER 31, 1990 LONG LAKE ADDITIONAL MAI Salaries - Regular Overtiae Holiday P.E.R.A./F-I*C.A. Hospitalization & Life Ins. NOrkaens Coapensation Insurance Clothing 4 Personal Equipment Neaberships 4 Licenses TOTAL ADDITIONAL MANPOWER >EIMC PAEl ADDITIONAL MANPOWER Salaries - Regular Overtiae Holiday p.e.r.a./f*i«c.a. Hospitalization 4 Life Ins. Workaens Coi^ensation Insurance Clothing 4 Personal Equipment Meaberships 4 Licenses TOTAL ADDITIONAL MANPOWER BUDGET $141,866 6,066 6,111 16,934 9,460 7,890 1,300 80 $189,727 ACTUAL $133,860 5,192 6,138 17,720 7,916 7,537 621 j- $178,984 ACTUAL OVER (UNDER) BUDGET $ 84,403 $ 78,016 $(6,387) 3,750 4,478 728 3,885 3,069 (816) 10,133 10,380 247 6,150 5,577 (573) 4,710 4,441 (269) 812 1,144 332 50 -0-(50) $113,893 $107,105 sss«a«s« $(6,788) (8,006) (874) 27 786 (1,564) (353) (679) (80) $(10,743) Fr tfr ^ R I. I?: I- <• vf' 53190.10(HD! POLICE SBEVICB COHTKACT SERVICE YEAR ORIGINAL CONTRACT AMOUNT ADJUSTMENT APPLIED FOLLOWING YEAR MET CONTRACT COST CITT or LOWG LAKE i 1 f 1990 $232,249 $ (3, 438)$228,811 1989 218,065 13,408 231,473 k 1988 231,886 (9,550)222,336 r 1987 21i,171 18.201)204,970 - 1986 213,226 (19.691)193,535 \ 'i 1985 158,005 3,701 161,706 ; ■ 1984 149,485 (3.247)146,238 1983 130,328 2,320 132,648 1982 121,497 (!>: 969)106,528 1981 114,724 (8,69'106,030 1980 112,887 (2,466)110,421 ■ 1979 63,936 (892)63,0*4 CITY or HimiETOIIKA BEACH 1990 $57,49b $ 2,086 $59,582 1989 53,487 916 54,403 1988 53,812 (4,369)49,452 1987 46,889 (73)46,816 1986 44,478 (988)43,490 1985 38,753 (1,226)37,527 1984 36,379 385 36,764 1983 32,592 916 33,508 1982 29,459 (1,205)28.254 1981 25,820 564 • ,384 1980 26,889 1,134 28,023 1979 19,616 (271)19,345 CITY or 8PU1IG PAIR 1990 $272,741 $ (9,166)$263,575 1989 254,379 4,961 259,340 1988 244,237 (20,498)223,739 1987 220,193 (21,981)190,212 1986 227,553 (23,340)204,213 1985 173,957 (410)173,547 1984 164,235 (5,845)158,390 1983 153,222 (2,053)151,169 1982 141,936 (6,212)135,724 1981(1st ysar) 130,548 3,302 133,850 4Cs 1. L- •f TOs Hark E. Bernhardson* City Administrator John R. Gerhardson, Public Works Director March 25r 1991 8nbj«ctt Equipment Purchase - Public Works For 1991 Public Works budgeted for the replacemnt of a padestal mounted electric hydraulic ho^st. This hoist is mounted on the rear corner of a utility pick-up and is used for removal and installation of lift station pumps ai^d motors. The existing hoist does not meet current lifting capacity and safety requirements. This item falls within the budgeted amount of $7,500. We have received quotes from the following vendors: % Crysteel Truck Utilities Model 2700REE Liftmore Crane Model IMT-HM14 Crane $6,673 $6,647 Beconaeadatlon To approve the purchase of one pedestal mounted electric hydraulic crane from Truck Utilities for an asount of $6,647. Proposed Notion Moved 2nd to approve the purchase of one p^^destal mounted electric hydraulic crane from Truck Utilities for an amount of $6,647. TOs Mayor Peterson 6 i :ono Council Members ^i Nark E. Bernhardson, City Administratoa^ idation - Forwarded recommending approval. Isv I TO* PROM: DATS: SDBJs Mark E, Bernhardson, City Ad-inistrator Jack Brinkhaus, Street Forerr^an March 26, 1991 Spring Clean-up Days - May 4 & May 11, 1991 The Citv of Orono Public Works Departnent is planning spring clean-up days on Saturdays, May 4th and May 11th, 1991 from 8:00 a.m. to 4:30 p.m. The collection point will be behind the long, gold at Brown Road South and Spates Avenue in Crystal Bay, next to the Administration Building. The following items will NOT be accepted; newspaper or corregated cardboard garbage trees brush chemicals barrels, drums, chemical containers, petroleum products or containers Leaves and grass will have to be debagged into our large container. We will not accept leaf ana grass bags. Appliances will be set aside and will be picked up by an agency that disassembles and recycles appliances. There ® have them picked up, but we are not recommendxng charging a fee to the residents at this time. He will also accept tires. A private company will be here to «c«pt tSern for a fee. The residents wi 11 be required to pay about $2.50 per car tire. <ntOBO RBSIDBHTS ONLY! PROPOSED MOTION: Moved by -----, seconded by r Dav?^^AvM® 4th & May 11th, 1991 as Orono Spring Clean up Days. Ayes ----- nays _ _. TOx Mayor Peterson 6 Orono Council Members 7rc»* Mark E. Bernhardson, City Administrator/! Po2warded recommending approval. TO: FROM: DATE: ? 1.4 Mayor and City Council !Iark E. Bernhardson, City Administrator March 28, 1991 SUBJECT: Administrator's Information % / X % POLICE OFFICER/MARINE_RESERVIST - At the present time no T^brmation is available which indicates when officer Dembouski will be returning to his police duties. As you recall, the initial tenure of Officer Roberts is to run until Officer Dembouski returns to duty. PLANNING COMMISSION - ORDINANCE REVIEW DATES - Planning Commission will review the following issues: Sign Ordinance Facilities of Other Entities At a meeting on April 15, 1991. AUDITOR CHANGE - As noted in Attachment A the City has received information for its current Auditor that the local office of Pennell Kerr Forster is being acquired by the current partners of the office and that our account will be transfered to that group. All the auditors that we have had during the last few years will go with the new partnership. It is our understanding that Council needs no formal action regarding this transfer. >ULLOY, KARNOWSKI & CO. 410 Park National Bank Bldg. 5353 Wayzata Boulevard Minneapolis, MN 55416 (612) 545-0424 March 19. 1991 Dear Client; We are pleased to announce that several of the Partners of the Minneapolis oftlee of Pannell Kerr Forster are purchasing their accounting, auditing and tax practices from the national tirm. Although we have enjoyed our affiliation over the past few years with Pannell Kerr Forster, we have come to the conclusion that our diems can be better served by us as a local independent firm. Our decision was based on the following factors; The rising costs and overhead inherent in national firms The growing impersonal ization of the meg a-organization - The increasing pressure to leverage the c!ient-to-Panner ratio forcing each ot us to handle three times the number of clients that we believe is ideal for proper client service This purchase has been based on a mutual agreement of terms by both Pannell Kerr Forster and the local Partners. One of our Partners, Daryl DeKam, has agreed to temporarily remain as a Pannell Kerr Forster representative to facilitate the completion of engagements required to be signed by Pannell Kerr Forster s name. The positive anitude and enthusiasm over this change is chared by all of us at our office. ^ we have retained aimost all of our existing surf. Our emphasis will be lu a.aximize uhc continuity ot peisor.nel assigned to your account, and continue to provide you with the highest level of service. We are proud to introduce our firm as: MALLOY. KARNOWSKI & CO., P A (formerly a component of Pannell Kerr Forster) Thomas A. Kamowski Paul A. Radoscvich LIST 0? LIC2:iS£S FCR COUNCIL ^PP^OVAlfT April 3, 1991FOR MEETING OP One Day Non-Intoxicating Malt Liquor License - Northwest Tonka Lions Golf Tournament at Lakeview Golf Club Friday, June 21. 1991 Soecial Event -YMCA Bike-A-Thon Saturday, May 13, 1991 Norwest Bank Wayzata Half Marathon Foot Race Between Wayzata ii E.xcelsior Sunday, May 5’, 1991 Residential Kennel License - Jane Kline * 4455 West Branch Raod - Pam Gregory 385 Stubbs Bav Road Septic System Installer -Volkenant Inc 1C30 County Road 83 4 Elmer J. Peterson Co. Route 2, Delano .American Sewer & Water Route 6, Buffalo * f ! Ik t -••• ;_s\ \sy. iV,f-r V IV,:,p: ir1fe&S' #'.IP V VI';-'¥'0-'-te ii-w-fe: IV ■ * N ■V . w To; A.A -r i ^ ^ ^ ^ *......' I^1 ^ Mar^ih 21. Mark Bernhardson. Cizy Adminictrator 'W* ^ ^ SA4* w ^ From: Melvin Kilbo. Chief of ?oiio«2 Re:Issuance of Liquor License Northwest Tonka Lions This Department has conducted backround investigation or. .Mr Rodney P. Wilkens. in behalf of the Northwest Tonka Lions. In light of that investigation, I do recomm-rnd issuance of the liquor license for the organisation and the event which will take place at the Lakeview Golf Course. ¥ I H k ;c-S:. Stf\' iJ- »k- i ■ M«t <•••»«! •• |.l•«•^♦|• .f*t M'in. ONE DAY FRIDAY, JUNE 21. 1?91 STATS or HINNBSOTA To Gombinatioii Application for Retailer^ (On*sale) Non^Intoxicating Malt Liquor License C(,l <7 4- KI>/J(f> Ctmmtff a)_______^______ Uwm of____Mg»L« iJ h________________ ru«M M lletMliis o«iS««Jtr m /o Llctnm to tell surh Malt Uq^utr <iiul jiu ^ county f*f - of ihs dtp, village, ot of Miammoo^ horohy maky oftnlitation for a HetaUert (On-taU) (0/T$aU/ oVof%-iniosioaUng Mali h ^hfp StaU pursuant to an ordinance (rtecluiion) 4tiwl Chapter S40, m^finnesota Siatutse lOib, at amended, providing for licensing and regulating tPio of nou^ntojcieailng malt liquor. vittago connHl, county board of. During the pait flvB years, my retulcnco ha» hem as follows: __________________ AfMJ / iMM hom.H e lA^i114 lA^CW^// C L*H» • /'Mt t/\L> rm»«« I am aefna^^j^(naturalised) etUtrn of the United States. / am. §VMooe Coo —r ' am ............. maiTtcff, J/y (husl*oMd*s) name and adt^ns is^ i am proprUior. Firm woo istoorporated.-in the state of. Corporation is auihoriteel to do business Jn wdin^soia. Liesnso is for^ A)^/'(street) (highway) located as fellows:— f - m .* mm m f mw,w re, / | r«»^r»cc CM fQ^UMWS: __(^'IL Ay*_________ c.L^dJri 0.\4^ 41^v<r ^}<^o*^<sy^a./7 - ^ ^ x.r~> yli _C Th» lUttiM wlU b» in eonnectum »«<** a '/* has ton In opsraUon. SUmOm Tho sstablishmont is lornied on the. P*o« siofo. Cof*. Rooiao'ooC f1 iCJuf'e:., L/CiA^ir ■ n—oL ^ .floor. TIU btisinsss premises are owned by. ihasm. OSS Ifca property nrs not dsllnqtunt ryp engaged In ihs retail sals of intoxicating liquor. Jiod an appUeatUm for Ueenss rejected as follows: i tori never been eonvicied of a felony nor of violating any Matinnal or stats liquor law or looai oodinassos rolaHssg to the manufo^ tuts, sals or iransftortaUon, or possession for sals or IftMUAlHallan of imioLsioaMssg Uqssor. OassMlng or fnm^lin^ dsviess wlU not ^ psrmiiied on the lUsstsed premises. I kavo sss hitiiUsa «r iffitwta t Is triitftr tiM Ik fit to t iitol l Um fiikwtaa fiMict ei pmens, ImMlac s hsnk. ter nteremes, witli whom 1 iMivi tad I. kiMiic4 h Mmt to «ncM* to Ik* Ml* •( totoilrattoc liqMr aa4 wtti ka*« • r«dw«l 0« cs$srJ^s:%S£^;lS:trs!sr!! u-Las SSSSSSSSS- lopmliwiliiiaf CMilllnllMMi stirek smd e«it«ri esd vOI fmly jtmlt mm tM*M (kk.H^ tt,ai sa&ttrsm A—o i V ^ IM*. a. m. n^BOE- MAI^ch / 19 HsiM ! /^Le'T'<^ff£'(^ APPLICATION PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 Application Number, /^tTRu MfCL d3 A*^'P AA>MV^^C>J uti y/V\CA J^drMS L^CG f^PANC.!: Avf SO AfiT »py HlN»j£^APe^u» jjjlA' Location of Parade or Event yMC^ Q^t£-A-THor>i /v>? s£^£/:i7 of-__ ~~ STAftTS AT- HJy1V2Ar/t Tc J^O<c‘A-*/p Lit^r I^IMB Tf9A»t^ To eAST u^«r X^AHe MoA V Tt> cry 6 Ta PA^Rlt---TjI. mmmS^^ ' • “ I _ , o T iJ u fO^AfAp iHP*>^APt Mar^ /Afpep^f^p^yycti ^f^eTuAr/ oV r^v i** to Pcajmor ^ <• Vana of Persons and/or Organizations Handling the Event r .JrA!.—Z£.— MrTM^iTAfsf V^^ML^AJC C.Lurs. A/^to VAlCy^ STAP P._ AtJJ2^---V'^t-tfnT Phono numbers ! C9 JT l>ate of Event MAJ l^, 19^Hours of Event_^>£_4>£i v._ iloason or Purpose bh^eRtVir /k fM a j=-f? ^ ft* —iL£. \ yAJA^ ~ tT. NJTAi.'TH AAi-D r^> <R A f S t~ A/lQA/iTy /'pR Insurance Coverage \/Mf'a c , c ^<*/?><»* y jA ^^unt^ OOC^P^O______________________________ r Company AHi-f* -f fs^t/rR ^ 4-*-*^^ ■4<^tra/c y Copy of Insurance Certificates to be Submitted with this Application. 1 an aware of all applicable State and other laws regarding Parades and Op^eisl Events and will abide by same. I also agree to hold the City of , <^no harmless from all liabilities that may arise d^-rtf^fOv or indirectly from the Parade or Special Event approved”oysthe granti^ifl_ oJLJ^his permit root $25.00 gnature o Too Paid: Dotot ,_ Chock . ^/7 .19^/ Cosh _ Initials /RECOMMENDED: Yes. Public Safety Director Approved: Yesj^SZ— Clerk-Administrator Cfflco Uso Only: ^llonarks t f'£-;', ’A APPLICATIONPARADES and SPECIAL EVENTS CITY of CRONO, MINNESOTA 55323 Application Nun^€^ c*t«=-------2i2i—• jiAR 1 5 i ^ A j Address ^//‘C rjr^y-r^Tri—'7^.VlL location of Parade or Event Cr/^_—v . —s «. . i» —*-* : ^ ^ v> f y « ^ /—-• L ‘ ^ • —» ^ TT"IaAy^ ^Af-rt - ^-----------------f - - r Y1 Name of Persons and/or Orgaiiizations Handling the Event -O^SlL^ -I / / } ___________ 9 • m, _____ • / ^ ■ <i «L ■■ ^ f ^ r y ^ > */. / /( ^r' .-L^ /.I ir^ki . — _ Pbona tV.^w/ ------------------ 0«f of svont /%=*- -T. 19^ Hours of Svent V'Cr Rouon or Purposo 1^/1 iA Ht>,P rfff^ftr^THrn/ fic.T ¥ /^x/*/gZ ^/c-----------------------------—--------------------------------------* Insurance Coverage Amount —____—- Conq|>any '■M— !-• i w '-v'*A vi* ■ I • -• T -••Vil «. • • ..It/•.••.•F/r ^rr—r • V <* « . < . w • •• • • Cow of Insurance Certificates to be Submitted with this Applicatito.. ^ » ai. aware of all applicable State and other laws regarding Par»^ MS -c. leJSlJl Events and will abide by same. I also agree to hold the ;i 5^ i C.tZiH;! ?r™ in liabilities that may arise directly or Indireccly fiS“t!i:”iS5e'ir’swciat%tent approved by tjjs. granting of this permrt Sl^ature of ApplicantFeet $25.00 Tee Paid: Pates _ _ __ Check _ __ Cash _ _ __ s 19 Initials Office Use Only: Itemarks: •* KENNEL J.ICBHSB APPLICKTIOW .. Effective January IT 19 to December 31, 19^\_ —i Owners Property Addreeei•• VO* ^CAAft/V\ (include city and zip) ^ Mailing Add'-ess (if different);' Phones fhone) ^"12»- ^ Qrof\C>^HO (wor)c) ^ QCOS j,rTT_ _Kennel License Information: $25.00 (payment must accompany application) Maximum Mo# of dogs to bo )cept at one time (over 6 months of age) . C) Principal Breed s Purpose for more than 2 dogs i VvAUt <^0fS ^ Ooga normally leapt: ^ inside Icennel structure _______ Kennel License Information; $150.00 (payment must accompany application) Name of Business: O Business Activities: _ _ _ ___ _ _ _ _ _ _ _ _» (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Honrs: ■ — ... . •After Hours Contact: (nwe)_ (phone) Dog runs/exercise areas are: * .V . .’.V ; inside outside both a thatThe undersigned hereby makes application to the license duration: and the undersigned agrees to f^SnoJSd byof Municipal Code Chapter 5.36 including any special conditions imposed y the City Council as part of any kennel license approval. i-iOrTi Date fSsm 0»1V nspected by Approval. Date Denial . XZnNEL I^CSSSS APPLICATION ^Effective January 1, to Decamter 31, •'IJJ.f-rso/'TUiwner: ±_L^i. i/\ Prooerty Address: r'A------?4 .4:—Ziii' (include city ana ztsi / Mailing Address (if different): Phon.: ----- («°r!c) ewaypeiiTyai:. Kennel License Inforaiation: S^S.OO (peyment must accompany application) Maximum Mo. of dogs to be kept at one time (over 3 months of age) Principal araed; - - - - - - - Purpose for more than 2 dogs: Dogs normally kept: Inside - -kennel structure Kennel License Information: $150.00 (payment must accompany application) Name of Business: "br..aing, veterinary care, re«ix, ) Normal Business Hours: j^ter Hours Contact: (name) rr> wTr* "-rrijr (phone) Oog runs/exercise areas are: vvvv ISl -e ,W • VV inside outside both .,, rri•J1 !jUI 45.x " ’jri' ^ TC.X SSSlKlons imposed by the City Council as part of any kennex liemnae approval. Date fcv Oae Only mpected Date Approval Denial nr of osoN CryiRai Bay. Minn 55323 SEPTIC 3YS7E:-I i:iSTALir?.S lice;;se applicatic:: ii"'I t I i- I Vfe building i. ZONING - 473 * 337 A5SE5SLNG All quosticns rausi: .g^®3®p^;ccA"c3*r?if Hcr.e Sewaca of ®^-!!?ianc3 ^ust: acccnpany this a=?Ucaricr..Treatment -vorxsnop (10) day actroval period.All applications are sun:ec- ^o a t— vxu^ :r -. yn 1 i~ Trig1. Business or trade name 2. Business address inifi r„ irf Mania PI sin Mn 3. Business phone 479-15A2- - - - Residence phone - - - - - 4. San» of applicant or ccs^eny representative holding ®CA certification Bob - - -- - - - - - - 5 Tvte of certification held:’• Site evaluatcr_^Systa3^nssrgr.e. Installer v Pumper Is this a Provisional Cartioicats?Cdrtlif ic^u3 •“.STL ■ *. ____ ____ r-;.-i.rr -rr’-r - ^ IS bft'ci o^ovics ^vi.csnc0 of ^ on.'’of'S;1n-l^teiew:i^T-reatnent Wcr.shccs held i^ta^pY :5.;d p“or t“the current construction season. 6. ^'JO 7 Bave you ever held a Septic Systen license ,j.n;,j; ’■ "?oI!o before3 Jtes. Most recent year _l23li. • «*II iICujIa.'^ • * ^tA *wwu r: - , , • »3WV* i-vV^ 3. Have you ever had a license revoked? jj2_ when? Whare? 4. Do you do Municipal Sewer hook-ups? Yes,No /nVI r A - /J/ iw.' ^ 10e Do” you pump out septic tanks? Yes_X No SUBMITTALS REQUIRED 1. $25.00 license applicat4.on *.ea, ^ --,-3 as 2 S2000.00 license and permit oond nami.-.^ v.-w. >— ^ M-^/The State Plumbers Bond will net be aco^epted. to. M - non «4n4imim certificate of Insurance, up.//r/'t/ ^ j^r r Caov’of'current MPCA Certificate or evidence ox acue«denca■ ;;S‘SS“issr.snss;ru.-s.»‘A,%““a-« licenses mill not be processed until all items are submitted. tie* oersons other than applicant who are authorized by you to apply for permits under your license - -Bob V9l.^enant ^—-- - - - - - - - - - -- - - - - - - - - - S ^St^M ^ SSSe«»ta end the Ordinance, of the City of Orono. Date 2-S-Ql Applicant:Latxire Staff racoansandation Approval Denial n... 'S-.CT-yJ Beaaoa for denials City Council Action Data Tfcense mailed approve*Denies CriYoTDRON Cnritai B»y, Minn«o« 553ii SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION i'-ft' I cmon CULT BLILDLNC* ZONING - 473 T33 assessing All auestions must be answered. Lioanse ree, -cr.a, certirxcara of insurance, and evidence of MPCA Cercificarion or Home sewace Treatment Workshop attendence must accompany t..is application. All aoplications are subject to a ten (10 approval pe^a rr ^T. /-1. Business or trade name — ./ / 2, Business address fTfi ^ ^---------------- 3. Business phone S'/ _ .Residence phone Z22 l2 lJL1P 4.Name of applies 5. Type of certification held: Installer Pumper Site evamtor _ _System designer ITThis a Provisional Certificate? Certiricate .^o 6 •one''o/?he^On-IIte'lewag^T°eat^^^ orior to the current construction season. 7. 8. Have you ever held a Septic System Ins^ller license in Orono before? Most recent year Have you ever had a license revoked? When? - - - -^ Where? 10. Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes .No er No ..Ui ^ U . -M..I :n n;:-*r SUBMITTALS REQUIRED:. % .'a iVa Jyi>rXI. S25.00 license application fee. _ Jjfir. yy 2. $2000.00 license and permit bond nami.nc City or Ororo atf3”*4 ~~y ' obligee. The State piuxnbers Bond will not be accepted. - y$10-50-100,000 rainimxun Certificate cf Insurance 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction seasonlyJ-^H^Pv LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. OU to Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws o£ the State of Minnesota and the Ordinances of the Citj^ of Orono. ^/7a/ Applicants Signat>ir jT . _____Z?Reeeea for denial: __ _ _ _ _ _ _ _ _ City Council Action Date — Date license aeiled _ _ _ _ _ _ _ _ Approved Oenieil O]Ciyaial Bay. Minnwofa 55323 SEPTIC SYSTEM iNSTi^EilS -LICENSE APPLICATION BL’ILDINC & ZONING - 473 * 357 assessing ' til ijr -— n(arr;if icate All questions .^CA C^rriflcarion or Hone Sewageof in*urance,_and eviaenc-^-. accompany t:of insurance, and ^ust accompany this application. Treatment to a ten (10) day approval period.All applications are sub^ec. to a « 1. 2. 3. 4. Business or trade name , ’ /PI / /C. rrJn 7^1LlBusiness address . 'T' < Tr rff V; w .. tz-r-;- C-/ Residence phone —Business phone ^7 ( r Tw » Name cer or ociroany repressntative holding MPC 5. le of applicant or tification hcoiT. Installer r^signer _ i?:?:!^ -- -----------■. ■ j r-a—a ’’ CertII icate .lofeis a Provisional ue--i-icau . ------ fitrevtiu«or°!:^ysneTOignar Pumper , . * evidence of attendance at Have Orono a «a-*-c Svstem Installer licenreritv vou ever held a se-— r , __ ^SSfore? ib- «°=' 8 had a ’^c-nse revoked? Y}P_ When? _ Have you ever hao a ...c—- Where? _ •, v»« >C NoDo you do Municipal Sewer hoo)c-ups. Yes_^^_ __ No mar Z 5 199: SUBMITTALS REQUIRED:4- *. ■ J» • i w-wi *•* * ?T ^ 1. 525.00 license application^fee. c*tv of Crono as £ iliSBsiiiaiSi-. pxtoT to current construction season. LICSHSES WILL WOT BE PROCESSED OWTIL ALL ITEMS ARE SOBMITTIOT. 25.0C List Mrtona other than applicant who^^au^orited by 3 _ The ttndetalgned hereby we. ^ptie Orono, Minnesota, subiect to the laws, systems, and/or pump out ofof the State of Minnesota and the Ordinance^^^ >- Orono. Date Applicants Signature Staff racoaaandaticn Appr Reason for denial: - City Csussil Action Date Date license mailed - ovai Denial Date Approve r V'/A L*. . i? V*. r; >*.:r!'•. ;r I ‘ 03/31/01 00 CB PRRIlEQOR EMP t NAME JPT 47100IO6O SOS00243B 474S0333B 471140171 475443002 472SO3001 4717202S1400020020 40BI21O1I 472020007 400701000007000424 400010002 400420032 474007012 475310101 477500000 470444240 471000003477047270 470240000 004200307 472000074 121202417 470007504 334000201 474022333 477020770 400000035 470703201 470700001 400040107 470302003 473740173 470447153 400020104 470000177 472003001 474003200470704004 470000202 400020400 307000110 000403102 477001030 ANDE0SON. BRUCE L BERNHAROSON, MARK E BOBZZEN. SUE A BOSMA. iAMIE L BRZNKHAUS. JOHN F CNCSI4ICK. GARY B CHRISTIANSON. SALLY CORNICK. JAMES L ENGLISH III. IRVINQ ERICKSON. KURT R fischenz6h. dan T FRZTZLER. JOHN M GAFFRON, MICHAEL P GCRHARCSON. JOHN R GREGORY. JAMES D HALLIN. DOROTHY M NANSEN. STEVEN C HANSIN6. CAROL J JOHNSON. BRADLEY P KARNZTZ, RICKY D KILBO. MELVZN H KNUTSON, CHARLOTTE A KUENN. THOMAS M MABUSTH, JEANNE A MORAN. MARK F MOROWiZYNSKI. JAMES NAAB. THERESA L NELSdN. DAVID 0 OBERAI^NER. SCOTT 0 OBRIEN, RANDY L OMAN. LYLE E PALMER. GREGORY A QUAST. WAYNE A RATHBUN. BARRY J ROBERTS. TIMOTHY W SKREEN. DALE S STEFFENHAGEN. RONALD THOMTON. IMRK R TOMCHECK. LAWRENCE F TOMCZYK, MARK W VANG. BRUCE L VEE. LINDA S WALSH. KEVIN L WALTEliS. LINDA G WECKMAN. STEPHEN J 31 12 31 12 42 31 31 31 31 31 31 31 33 42 42 12 42 31 31 31 31 15 15 33 31 31 12 35 42 92 33 42 92 92 31 42 93 31 31 31 33 12 35 15 33 EMP 0 NAME DPT 477301000 BUTLER, MARY C 400109020 CALLAHAN. EDWARD J 10324077 OOETTEN. J DZANN 473040272 JABBOUR. GABRIEL 409000135 PETERSON. BARBARA A 11 11 11 11 11 YTD GROSS 60 52 91 10 05 00 5877 14 11319 16599 6618 3385 10625 11200 1298 11614 11435 10015.17 10512.70 10540 9713 12773 9391 0367 7915 3018 11160 2940 14941 6680 14230 12836 10763.20 10862.93 6600 647 6856 7840 9947 6743 9729 7971 7299 7940 0370 10109 10790 10001 7940 5685 1613 8045 5935 96 58 03 60 35 19 40 36 51 72 92 26 44 93 69 79 34 92 11 90 33 30 27 01 17 60 00 74 91 74 16 65 YTD GROSS 483.34 966.68 966.68 966.68 1200.00 :7 CURRENT GROSS 92 36 72 88 8258 93 80 28 08 54 48 92 09 71 1569 2221 958 658 1522.89 1600.00 196 1964 1580 1448.09 1341.44 1536.00 1392.24 1830.71 1128 1199 1020 519 1408 456 2731 958 2601.04 1743.52 1537.60 1400.49 950.72 140.51 870.09 1148.16 1392.25 870.07 1410.47 1023.60 908.72 1013.21 1200.96 1301.08 1912.76 1514.12 1139.29 814.96 212 48 2509.27 945.12 57.910.57 CURRENT GROSS 241241 241241 300 67 67 67 67 00 1.266 68 ’■.v.'f .w ^ mf'6-Ittl cm OF OKOMO CHICK NO. DAT! OMOlO 04/03/91 IfOSO 19030 ifOtOi 099091 &•W‘”191 ^ OMIAt 04/03/91 04/03/91 04/03/91 04/03/91 04/03/91 04/03/91 04/03/91 04/03/91 04/03/91 ^’1 , 0BB0f4 04/03/91 R OBIOBS 04/03/91 k'V.. k: rb 8I»1 04/03/91 04/03/91 ih OBBIOO 04/03/91 04/03/91 04/03/91 04/03/91 04/03/91 04/09/91 04/03/91 04/03/91 04/03/91 44/09/91 04/03/91 AMOUNT 22.2922.29 7 14 7.14 • 199.29 199.29 • 49.00 96 7S 144 7S 41.SI 41.SI • 21.00 19.00 37.00 90.00 90.00 • 92S 19 3 929 20 999S 9S 40 9099 19 CHECK 9CQISTERVENDORAUT INFO SYSTEM ITEM DESCRIPTION TELEPHONE 8L1TZ ONE HR FOTO BLACKOWIAK A SONS PRINTS TRASH HAUL BUDGET PRINTING BUDGET PRINYING BUS CAROS RECVL LETTERS CASE POWER A EQUIP PARTS CQMM-REV SALES TAX COMM-REV SALES TAX MAR SALES TAX MAR SALES TAX COPY DUP PR INC DEVELOPER COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIALCOMMERCIAL COMMERCIAL LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP APRIL INS APRIL INS APRIL INS APRIL INS APRIL INS APRIL INS APRIL INS 04-09-91 PAGE 1 ACCOUNT NO. INV. 9 P.O. 9 MESSAGE74-4320-590-93 24.29 AT A T INFO SYSTEM DATA PROC 01-4340-059-14 24.29 AT A T INFO SYSTEM DATA PROC 01-4340-069-15 32 50 AT A T INFO SYSTEM DATA PROC 01-4340-129-31 24.25 AT A T INFO SYSTEM DATA PROC 01-4340-129-31 24.29 AT A T INFO SYSTEM DATA PROC 01-4340-174-33 24.25 153.79 • AT A T INFO SYSTEM DATA PROC 01-4340-249-42 9.19 AT A T COMM TELEPHONE 01-4320-039-12 2.24 AT A T COMM TELEPHONE 01-4320-129-31 3.99 14 Ot • AT A T COMM TELEPHONE 01-4320-174-33 01-4210-129-31 01-4343-099-17 01-4322-020-11 01-4322-295-65 01-4232-249-42 01-3500-000-00 72-2222-000-00 01-1261-000-00 01-4152 01-4152 01-415201-4152 01-4152 01-4152 01-4152 039-12 099-15 121-'il 129-31 129-31 174-33 249-42 •••-CKS •••-CKS •**-CKS •••-CKS •••.CKS •••-CKS ■ ■MT- wl .'.r -II IMI CITY OF OMNO ONfCK NO. OAUMIU3Mtl«3001143 Sllll 003173 003133 r mi .i. 001303 i ¥ i >^^901303 m-' ■ iv •••••» l^pIMlO r-' ■- ■ f- e£-‘. ■ ttinWi'J|V.'. il'r '• ps-S’fV-. Wr4y^‘‘-'- ■' 04/03/3104/03/3104/03/31 04/03/31 04/03/31 04/03/31 04/03/31 04/03/31 04/03/31 04/03/31 04/03/31 04/03/31 04/01/31 04/03/31 04/03/31 04/03/31 04/03/31 04/03/31 i AMOUNT 1.42 2 13ts143.27 • 117.15 441.45 500.00 1.059 30 • 230.00 230 00 • 5.500 00 5.500.00 • 109.50 13.56 126.03 * 1,533.00 1,533.00 ■ 100.62 100.62 * 150.75 150.75 - 146.50 243.22 61.42 476.14 • 11.95 37.44 43.33 • CHECK REQISTEKVENDORCOMMERCIAL LIFE/ORP COPt«RCIAL LIFE/ORP COMMERCIAL LIFE/GRP CYS UNIFORMS CVS UNIFORMS CYS UNIFORMS DEPT-WTS 4 MEASURES ROLF E ERICKSON HALLIN/OOROTHY HALLIN/OOROTHY HENN CTY FIN DIV HENN CTY SHERIFF DPT ICMA RETIREMNT TRUST INNOVATIVE MICKO INNOVATIVE MICKO INNOVATIVE MICKO JOHNSON/BRADLEY JOHNSON/BRADLEY ITEM DESCRIPTIONAPRIL INS APRIL INS APRIL INS D NELSON NAME TAGS PATCHES SCALE CERT IF APR FEE CONF MILEAGE FEB ROOM/BOARD FEB BOOKING FEE ICMA 3/13-3/31 MICROFILM PKTSMICROFILM MICROFILM CLASS MILEAGE ACCOUNT NO INV72- 4152-546-9173- 4152-569-9274- 4152-590-93 01-4221-129-3101-4221-129-31 01-4221-129-31 01-4342-129-31 01-4307-059-14 01-4356-039-12 01-4331-039-12 01-4353-030-16 01-4353-030-16 01-4140-039-12 01-4210-174-33 01-4306-174-33 01-4306-174-33 01-4356-129-31 01-4331-129-31 04-03-91 PAGE 2 3 P O 4 MESSAGE •••-CKS •••-CKS •**-CKS •••-CKS M N N -CKS ■••-CKS -CKS •••-CKS 31 A •-CKS ..M hIhr mi CITY CNCCK NO OF OtONO DATE AHOUNT CHECK AEOISTERVENDOR ITEM DESCRIPTIONI f..9N>IS i: Mt402 FJ' ■■^.4'v%[^r•••••• W'OitAST & i: "■fe,:,.afMli 04/03/i1 04/03/i1 04/03/i1 04/03/il 1.11 1.11 • KEAVENYS DRtM SUPPLIES 7.253.25 7.213.25 •LAriMTKA CONS DIST 2ND QTR •3.ii S2.0i 17.20 133.24 • THE LAKER THE LAKER THE LAKER AD AO AO SELL CAR 2S,iOi.7S 2S,iOi.7S •CITY OF LONG LAKE FIRE 2ND QTR 04-04-91 PAGE 3 ACCOUNT NO INV I P.O. I MESSAGE 72-42I0-S49-91 01-4340-020-11 01-4313-039-12 01-4323-174-33 01-4323-249-42 01-4315-130-32 04/03/il 30i.9S 30i.is •LONG LK FORD TRACTOR CHAIN SAW 14-4560-633-00 04/03/il 04/03/il 947.44 7it.i7 1.75i.71 • MACQUEEN EQUIPMENT MACOUEEN EQUIPMENT SWEEPER PARTS REPAIRS 01-4232-249-42 01-4342-249-42 04/03/il 04/03>il 04/03/il 04/03/il04/03/il 120.00 120.00 120.00 412.00 351.00 1,173.00 • MED CTR MED CTR MED CTR MED CTR MED CTR HEALTH CARE HEALTH CARE HEALTH CARE HEALTH CARE HEALTH CARE APR INS APR INS APR INS APR INS APR INS 01-4151-039-12 01-4151-069-15 01-4151-129-31 01-4151-174-33 01-4151-249-42 04/03/il 04/03/il 04/03/il 37.13 5.935.93 • 40 5.94 5.93147.00 214.24 • MIDWESTMIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST eSNS PROD iSNS PROD OSNS PROD BSNS PROD OSNS PROD BSNS PROD BSNS PROD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES CHAIR RECORDER 01-4210-039-12 01-4210-059-14 01-4210-069-15 01-4210-129-31 01-4210-174-33 01-4210-249-42 14-4540-626-00 •••-CKS -CKS -CKS •••-CKS -CKS •••-CKS a • «-CKS a a a -CKS -CKS f t: I- ■ W -fl' tf- ‘ Vk- I- |- ifc INI CITY OF ORONO CMiCK NO. DATE NI4N Mt4tS ■v*.. N|4ti NI4tl NIS22 N4S24 NN2S IU2 112 «2 MU§2 ffiUI MlitS MWI2 NNiT NM2Imil :V\ ,.^'1 il 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/11 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 04/03/41 fete.. ... AMOUNT 4.00 71 U 10.14 * 141.47 7.43 144.10 • 4.420.00 4,620 00 " 102.25 102.25 * 15,234.75 15,234.75 • 121 11 4 10 59 50 00 79 31 24 • 1.005.56 1,005 54 • 11.44 11.44 • 4,314 40 4,314.40 • 440.00 754.00 442.00 244.00 CHECK REGISTERVENDOR MPIS OXYGEN CO MPLS OXYGEN CO MN CELLULAR TELE MN CELLULAR TELE MTI DIST CO MOTOROLA INC CITY OF MOUND NSP NSP NSPNSP NSP NSP NSP OMAN/LYlE PUOLIC EMPL RET ASSN PHYSICIANS HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH ITEM DESCRIPTION DEMURRAGE OXYGEN TELEPHONETELEPHONE TEE MOWER REPAIR 2ND OTR FIRE UTILITIES UTILITIES UTILITIESUTILITIES UTILITIES UTILITIES ST LOTS MILEAGE PERA 3/14-3/31 APR INS APR INS APR INS APR INS 04-04-91 PAGE 4 ACCOUNT NO INV 9 P 0 6 MESSAGE 01-4232-244-42 01-4232-249-42 01-4320-129-3101-4320-244-42 74-4560-590-43 01-4342-249-42 01-4317-132-32 01-4324 01-4324 72- 432473- 4324 73- 4324 74- 4324 099-17 249-42 549-91549-92 569-42 590-43 01-4325-249-42 01-4341-174-33 01-2031-000-00 01-3472-000-00 01-4151-034-12 01-4151-049-15 01-4151-121-31 •••-CKS •••-CKS NAM -CKS •••-CKS •••-CKS * • *•CKS •••-CKS •••-CKS A":IMl CITY OF OtOHOiv' ‘>- Ir ri; p qi ! MtUl MNfl MM7f ••••S «7M »740 rtt CHECK REOISTER 04-0I-91 PAGEDATE AHOUNT VEND09 ITEM DESCRIPTION ACCOUNT NO INV.04/09/tl04/03/tl04/03/Sl 04/03/91 04/03/91 04/03/91 420.32 1.177.14 379.00 1.15S.00 179.40 294.90 S.793.49 • PHYSICIANS HEALTH PHYSICIANS HEALTH PHYS.CIANS HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH APR INS APR INS APR INS APR INS APR INS APR INS 01-4151-126-3101-4151-129-3101-4151-174-33 01-4151-249-42 72- 4151-549-91 73- 4151-599-92 04/03/91 3.390.00 3.390.00 • POLKA DOT RECYCLING MAR FEE 01-4392-295-65 04/03/91 17.50 17.50 19 R C IDENTIFICATIONS ID 01-4210-129-31 04/03/91 1.990.10 1.990.10 ROLLINS OIL CO GASOLINE 01-1260-000-00 04/03/91 400.00 400.00 • LAURIE K SCHEFFLER MAR FEE 01-4306-039-12 04/03/91 o o•m SOS PRINTING DARE CERTF 01-4243-129-31 04/03/91 19.00 19.00 • STREICHERS REPAIR 01-4342-129-31 04/03/91 15.00 15.00 m TELEPHONE SPECIALIST PROGRAM PHONE 01-4340-039-12 04/03/91 3.997.00 3.997.00 m TONKA EQUIP CO REPLACE EQUIP 72-4345-549-91 04/03/91 100.00 100 00 A TRI STATE PIMP SERV LIFT STAT 73-4344-599-92 • 04/03/91 79.39 US WEST C0»t<IUN TELEPHONE 01-4320-039-12 •••-CKS •••-CKS •-CKS • a ••CKS •••-CKS •••-CKS •••-CKS -CKS •••-CKS -CKS iirtiArttfi Ai 'iiiiIMI CITY OP OAONO CHECK HO. DATE CHECK MEOISTEAAMOUNTVCNOOK ITEM DESCRIPTION •••Ui IM4i I •*••?• ■i-.- Ji*I, ••••01 0M»02 f4 Mi»M MIMM U4> fr- 0«/03/^l 04/03/tl 04/03/41 04/03/4I 04/M/41 04/03/01 04/03/»1 04/03/01 04/03/01 04/03/41 . ■.. . 79.37 39.41 SI .13 79.31 4S.44 79.37 11.90 27.71 74.91 124.20 714.33 US WEST US WEST US WEST US WEST US WEST US WEST US WEST US WEST US WEST US WEST COMKIN COMMUN COMMUN COMMUN COMMUN COMMUN COMMUN CdMUN COMMUN COMMUN TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE ADV ACCOUNT NO INV 01-4320 01-4320 01-4320 01-4320- 01-4320 01-4320 72-4320 3- 4320 4- 4320 r4-4323 059-14 049-15 129-31 174- 33 175- 34 249-42 549-91 549-92 590-93 590-93 04/03/91 12.22 12.22 • WALTERS LINDA UTILITIY MTG 73-4341-560-92 04/03/91 270.15 270 IS • WATER PRODUCTS CO WTR MTRS 72-1273-000-00 04/03/91 500.00 500.00 • W HENN PIONEER ASSN ANNUAL DONATION 01-4345-100-21 04/03/91 4.34 4.34 • WRIGHT HENN ELECTRIC UTILITIES 01-4324-249-42 04/03/91 45.00 45.00 • A T UPHOLSTERY CO REPAIR SOD 01-4341-129-31 04/03/91 14<44 144.44 • A J SCHAAKE CO PLAQUE A GAVEL 01-4399-020-11 04/03/91 370.00 370.00 • GRAFIX SHOPPE STRIP NEW SODS 01-4550-129-31 04/03/91 97.50 97.50 • lAARS SEMINAR 01-4354-129-31 04/03/91 145.00 145 00 • MN APA CONF MABUSTH 01-4354-174-33 04/03/91 50.00 50.00 • MPA DUES 01-4340-174-33 04/03/91 • 4.00 4.00 * REGAL CLEANERS CLEAN BLANKETS 01-4342-120-31 04/03/91 114.22 TREADWAY GRAPHICS DARE CAPS 01-4243-129-31 04-01-91 PAGE 4 • P.O 9 MESSAGE -CKS •••-CKS •••-CKS -CKS •CKS mm 'fIttI cm OF OtONO CHICK NO. MUMttM MMI2 !(>• sEv-'t ;4 C' V 4? 3 •■* t : ■ ■ % :• y ik'f.■•' 4 M- - It'simMrn 0:’, AMOUNTU4.2204/02/tl 04/01/fl 04/09/fl 04/03/tl M/02/tl SO. 00 00.00 44.to 44.60 437.93 437.93 137.41 137.41 30.77 30.77 90,019.97 490.OS 4.432.97 422.92 9.294.93 91,419.04 ’K. :*.\v CiV CHECK REGISTERVENDOR ITEM DESCRIPTION 04-01-91 FAQ! 7 ACCOUNT NO. INV. 0 F.O. 9 MESSAOfPOST BOARD INSTV PRINTS PEACE OFFICER LIC 01-4383-120-31 PRINTING 01-4322-099-14 BRATTON CHEMICALS CONNELLY IND HERBISIDES REPAIR 74-4231-S90-93 72-4349-549-91 TRANSPORT UHITEGMC PARTS 01-4232-249-42 FUND 01 TOTAL FUND 14 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL GENERAL FUND IMPROVE A EOUIP OUTLAY F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD -CKS TOTAL i"OEMUNIS FINANCIAL SYSTEMh.ACCOUNTINQ UKI 00 im CITY OF NUMiCR OF SV;Sff». i.; MU i m-^ ■ lilli jtl:. llilF V " Up:;. ^||p5| . V . -£':V, .fC-' if: iCi. .... i.' *•• ' > NIMKR OF NIMiE* OF LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL REPORTORONOREPORTSUPDATESRECORDS 1 2 3 4 5 • 7 t R 0 IS0 TOTAL 1,003 0 O 0 34 0 0 0 0 2 1.041 UPDATE DESCRIPTIONS SUMMARY FILE PAYROLL BENEFIT ACCRUAL ACTIVITY REPORT CHECK REGISTER TRIAL BALANCE BALANCE SHEET REVENUE STATEMENT OPERATING STATEMENT BUDGET WORKSHEETS CLEAR-CURR-MONTH CITY FILE OPTION PROJECT DEPARTMENT CHART OF ACCOUNTS MO. CHECK RECONCILE YEAR TO DATE PERIOD BUDGET RECORDS CREATED 00A 0 3 0 0 0 0 0 0 0 X 0 03 Oi/03/Sl PAGEFINANCIAL REPORTS SCHEDULED RUN DATE REPORT DATE 000000000000 ACTIVITY REPORTS SCHEDULED RUN DATE REPORT DATE 0403S1 040IS1 PAYROLL POSTING DATES 000000 000000 000000 000000 I ft fVft AilH t,l ^ T 1 I L A A MOLMariNG APR 8 IM cmroFOROiio .•-V >'. %*' % & > MINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD MARCH 18, 1991 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley, and Planning Commission M2mbers Maureen Bellows, Jim Hanson. Planning Commission raembern Johnson, Rowlette, Cohen and Moos were absent. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Council Representative Goetten was present, as were Councilmembers Jabbour and Callahan. Kelley opened the meeting at 7:13 p.m., and stated to those in the audience that the Planning Commission did not have a quorum this evening. He explained that the members present would review the applications on the Meeting Agenda, and would take public comments, but would be unable to vote on the applications this evening. Kelley further explained that the applications scheduled for review this evening, would still go to the Apri . 8, 1991, Council meeting. Kelley asked Mabusth if it would be possible to notify all of the applicants in time to re-convene this meeting, with a quorum present, later in the week. Mabusth replied, “The applicants will be notified by telephone of the re-convene date." Kelley apologized for the inconvenience, stating that such a situation had not occurred once in the past ten years he has served on the Planning Commission. Mabusth informed the persons in attendance, who were not applicants, but interested in applications on the Agenda, that they would have to contact City staff to learn the date this meeting would re-convene. <#l)SOMING FILE 11457-ALAN G. CARLSON 3140 NATBRTOilN ROAD AMBMDBD PRELIMINARY SUBDIVISION-PUBLIC HEARING Alan Carlson and Gary Peterson were present. Kelley opened the Public Hearing at 7;16 p.m., and asked Mabusth to provide a brief summary of the issues involved with Mr. Carlson's amended plan. Mabusth stated that the revised preliminary plan presented to the Planting Commission this evening, responded to concerns raised by staff She suggested that Mr. Carlson be given an opportunity to explain the revised plan. Carlson explained that the revised plan now shows a road that would provide a future east/west connection. He said, “That - 1 - r 1'^ i S'i !?• f If |;ii-f>ha t iit’-f;|s^ PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#1)ZONING FILE #1457-ALAN CARLSON CONTINUED was the major change in the plan. Tne revised plan now shows a temporary cul-do-sac, as well as a drainage easement between Lots 1 and 2, Block 1. The original plan showed berming in the septic syste.ms on Lot 1, Block I, and Lot 1, Block 3. That was an error, there is no berming on the west side. Tnere will be a slight berm on the other side, extending down to the pond. On tiie original plan, We showed two outlots, Outlot B and another below it, Outlot C. Staff suggested that those Outlots be combined, and the revised plan shows that." Kelley asked Carlson to explain the purpose of Outlot B. Carlson replied, "Outlot B will provide access to Oi.tlots C and D. I do not intend to develop Outlot C at this time, but am trying to obtain permission from the Corp of Engineers to put bike trails in that area. I would like to have a tennis Court on Outlot B." Mabusth added that Staff had requested Carlson to re-route the drainageway along the ea.st border so tnat it no longer intersects a proposed house site, and septic site. It is now shown along the edges of the property line at a 15 foot width up to the 970 foot elevation. Sne asked Carlson if the area calculations for Lot 3, Block 3, take into consideration the drainageway. Carlson stated that the drainageway was excluded from the dry buildable area for that lot. Mabusth also asked easement serving Lot 2, buildable of Lot 1. Carlson if the areas of the driveway Block 2, has been excluded from the dry Carlson stated that he had asked his engineer to do that.. Mabusth asked Carlson where the bike trails would be located in relation to the driveway easements. She noted that the bike brails must also be excluded from the dry buildable. Carlson replied, "The bike trail is located within that 15 feet, south of Lots 1 and 2, Block 2, and is excluded from those lots." Bellows asked Carlson how he intends to access Outlot C if it is developed. Carlson replied, "I am not sure at this point where the access point will be, but I would locate an access wherever it is possible to do so. There are a number of properties to the east that may be used for access. Outlot 0 increases the access - 2 - sate PLANNING COMMISSION MEETING HELD MARCH IB, 1991(#1)ZONING FILE *1457-ALAN CARLSON CONTINUED opportunities to Oi.tlot C. There are six properties that could be used to gain access to Outlet C. 3y providing a future east/west road, as requested by the City, I have added another means of access. I understand that the resolution would state that I could not develop Outlet C until I can provide access." Mabusth asked Carlson to indicate where, in Outlet B, the 970 foot elevation is located in relation to the proposed tennis court. Carlson indicated the location of the 970 foot elevation. Mabusth said, **If it is where Mr. Carlson has indicated, the tennis court would encroach into the wetland area." Kelley asked Carlson if he intends to install monuments at the entrance to the development. Carlson stated that he so intended and referred the Planning Commission to the plan showing the monuments. Kelley asked Carlson if monuments. hs intends to place lights on the Carlson indicated that lighting. he had not g\ven any thought to Kelley asked Staff if Carlson will obtain private easements for the maintenance of the monuments. Mabusth replied, "That the resolution approving the original plan had included language regarding the monuments. If the monuments are placed not within the road outlet, but on the adjacent residential lots, it will be necessary for Mr. Carlson to obtain easements from the future land owners." Bellows observed that the change in elevation may pose a problem if the monuments are placed too far out of the road eutlot. She stated that the elevation on one side of the road differs from the other, and was concerned about the need to raise one monument higher to equal the height of the other. m'f ■ I- few- Carlson stated that he would cut into the ground on the west side to reduce the height to be the same as the monument on the east side. Kelley suggested including language in the resolution that would allow the monuments to be no more than six feet from the grade level of Outlot A. He asked how far back from the road the monuments must be placed. - 3 - •{« ' i- i': M;, K h'<‘< •■^; ■; r. i\ 1 r planning commission meeting held march 18. 1991 (#l)ZONING FILE #1457-ALAN CARLSON CONTINUED intersections." the for Kelley indicated that he had no objections to Mr. Carlson's revised plan. Bellows stated that the revised plan is much more favorable than the first plan. Hanson agreed with Bellows and Kelley. The Public Hearing was continued. (#2)ZONING FILE #1630-ALAN G. CARLSON 3140 MATERTONN ROADCONDITIONAL USE PERMIT/VARIANCE-PUBLIC HEARING Kelley opened the Public Hearing at 7:31 p.m Mabusth stated that Mr. Carlson wishes to construct a tennis court on Outlot B. She said, "Normally outlo:-s are deemed Snbuildable. and would, therefore, require special approval. It still not certain the degree of below tne 9-0 elevation that will be allowed by the Corp of Engineers. Tts'.’-.s. sr".»! apMOval for bike trails. The Corp has indicated that they will not approve the bike trails, but I am still fighting ;Se tennis court will only require filling Sef.# and the Corp has indicated they have no problem with that. ,u. rr.rp*“=~ “ located. Carlson stated that he did not know how many cubic yards of fill would be required, but that he did not intend to bring in new fill. B.UOWS indicated that she did not look favorably on the eeoect of setting a precedent by allowing an accessory structure Suf? bVru«l?Jed*"whr ^t°bV cltTbarco'rsttnJ':? d%nred" rVu«- for lake access from outlets. Mabusth stated that she would look into the issue further. - 4 - C j-.-.a„.k ■ ^ ,.i ■■■ 5 rr- Rh • ^ ^ 'V • f ft ‘i’.i. i-^'L- fcii;r. PLANNING COHNISSION MEETING HELD MARCH 18r 1991 (#2)ZONING FILE tl630>ALAN CARLSON CONTINUED Bellows aijreed that it would b*2 n«»cessary to have more information before she could consider a recommendation on the tennis court. Mabusth asked the Planning Commission to comment on the bike trails being constructed through the wetland area. Kelley responded, "I am in favor of it." Carlson stated that he was doubtfjl that the Corp of Engineers would approve the bike trails. Mabusth asked Carlson if the Corp would grant him a National Permit for 10,000 s.f. Carlson answered affirmctively. Hanson indicated that he iid not object to the bike trails. Bellows stated that she w')u'.d like to see the plans and proposed location for the bike tr^'l. Carlson said, "The bike trail would be L6 feet at its base, with a hydromat, and would then narrow t''/ eight feet. I intended to construct the trail much like the Luce Line." Mabusth cautioned Carlson that the grading and filling he proposes for a trail system within the outlot designated for future development nay further limit dry buildable area for septic use. Carlson acknowledged Mabusth*s warning. He added, "I would just like to say that from a practical and hardcover point of view, having one tennis court makes more sense than having several throughout the subdivision. Kelley asked Carlson if ha would intend to have a homeowner's association continue to maintain the tennis court, even if the City, at some future point, takes over maintenance of the road. Carlson stated that would be his intention. The Public Hearing was continued. - 5 - Stef I ■ Ml_ v b’ r:-- ;|- k^' ;?»•' • f V' ■ |.tP-ife'I: PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#3)ZONING FILE tl621-TERRY A JONELL JOHNSON 1045 LINDEN LANE VARIANCES-CONTINUATION OF PUBLIC HEARING Terry Johnson was present. p.m Kelley re-convened the Public Hearing on this matter at 7:40 Gaffron briefly reviewed t!ie Johnson's revised plan, a? noted in his memo dated March 11, 1991. Terry Johnson noted that it w.ns not his Intention to encroach into the side yard setba-:k area, and that the deck behind the garage would meet that setback. Kelley stated that he would not deny the applicants' need for an attached garage. He said, "I an concerned that if we weigh the reduction in the 250-500’ setback area against the increase proposed for tne 75-250' area, that it would still be possible for the applicants to request additional hardcover in the 250-500' at some l^ter date. Hardcover ii the 250-500' setback area would only be 23%, and 30% is allowed. ' Gaffron suggested that the resolution could state that hardcover on the entire lot cannot exceed 25.2%. Kelley asked Johnson if he would be amenable to entirely removing the deck on the back of garage. Johnson replied, "If we could keep the deck along the front of the house, we would not mind excluding the deck on the back of the garage.” Bellows asked Gaffron if he had received a grading plan from the applicants. She said, "Ass I recall, the driveway will be like a watershoot. There is a very steep grade change from the road down to the house.” Johnson stated that the previous owners had devised a method for diverting water around the side of the garage. Bellows said, "With the changes you are proposing to make to the driveway, it will become a water channel. It will take all of the water coming from the street, and dump it into your house. It is necessary to see the grading plan. Another reason this concerns me is that I foresee some elaborate grading plan coming being prepared that will channel all that water around the house and dump it in the 0-75* setback area." Johnson stated that he would provide more information in accordance with Bellows' concerns. - 6 - Li- r ft. >, K f 0- F‘fe:.■: {,. ■.- 'i ‘ :> wv«b' S' ■ ;V' ' II:;-’. rVS*. '•1 PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (|3)ZONING FILE #1621-TERRY JOHNSON CONTINUED Kelley asked Sallows for har opinion of the rest proposal if the v;ater channelization can be addressed. of the Bellows replied, "I normally do proposed for the front of the house.” not like to see decks Johnson noted that there is a small boathouse structure on the property, which would have approximately the same square footage as the overhangs. He stated that he would be willing to remove that structure in exchange for the decks and overhangs. Bellows and Kelley stated that it may be necessary for the boathouse structure to be removed without any trade-off. Hanson indicated that he shares Bc;llows' concerns, and added, "There seems to be a great deal proposed for such a limited area, and the potential water problem compounds that situation.” Kelley suggested that Mr. Johnson come back before the Planning Commission with information regarding the contours and drainage on the property. He said, "It )^eems that Jim and Maureen still have some questions about the development of the property. I, personally have no objections as long as the deck on the garage and the newly discovered shed/boathouse is removed." Bellows said, "I would prefer to see the deck on the garage remain, in lieu of the deck on the front of the house." Hanson agreed that he preferred the garage deck to the front deck on the house. The Public Hearing was continued. (i4)ZOaXHG FILE #1622-JOHN F. HARDIN 1496 PARK DRIVE VARIANCR-POBLIC HEARING John Hardin was present. Kelley opened the Public Hearing at 7:50 p.ro., and asked Gaffron to make his opening presentation. Gaffron reviewed Mr. Hardin’s proposal to construct a two story entryway and a one story covered porch. He showed where the other houses in Mr. Hardin's neighborhood are located in relation to the front yard setback. Kelley asked Hardin to state his hardship for the Variance he is requesting. - 7 - It’----IT'V''-ft ■ * ■ . F.:: = h; PLAMHING COMMISSION MEETING HELD MARCH 18, 1991mmmmsmmaster bedroom is very small. The addition is front of the house because that is where it works the best. the northwest corner of the house will encroach into the setback area. The addition would actually be 14 feet away from the traveled surface of the road.” Kelley stated that proposal. had no objections to Hardin’s Hanson said, "I was out there earlier today, and from what I could see, this plan would have no impact whatsoever on anyone elc^e in the neighborhood." Hardin added, "Th»» neighbors look favorably on this plan of mine.” Bellows said, "The proposal seems fine, however, helpful to better assess Mr. Hardin’s hardship if a floor plan had^been provided. When an applicant is basing his hardship on the configuration of the house, a floor plan shou .d be submitted.” Kelley informed Hardin that it appears as though he would get a favorable vote on his application. He added, 'As I recall, rjtl c'ould include language prohibiting any further encroachment toward the road.” Bellows added, "We may also wish to include a statement that would require the porch to remain open." The Public Hearing was continued. (#5)80H1MG FILE •1623>KBBNAN S JEAN RICHARDSON 2500 MOODHAVEN DRIVE COMDXTIOMAL OSE PERMIT-PUBLIC HEARING and Keenan Richardson were present. The Public Hearing was opened by Kelley at 7;o6 p.m. Saffron reviewed the information pertaining to the and has indicated that he foresees no impact on neighboring properties as a result of the filling on the Richardson property. - 8 - Tf’ g:Cl, i- i t'lI?' b:V p/ !ri-' ■hB.'i" f:-. ■■ -Vf--•v 'V •5^k- V.-. w. ■r- ' I.c>- I:. »r ;rr. PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (fS)ZONING PILE 11623-KEENAN RICHARDSON CONTINUED Kelley asked Gaffron how many cubic yards of placed on the Edwards property, directly east. fill ware Gaffron asked Kim Edwards if he recalled the amount of fill placed in his yard. Edwards replied, "I do not recall how much total fill was placed in my yard. I did not do all filling, some was done by the previous property owners.” Bellows asked if the Richardsons were awor** that the City En9ineer d .d not believe the fill would solve their drainage problems. Jean Richardson replied, "In our opinion this will help." Keenan Richardson said, "Mr. Edwards was required to put additional fill on his property to protect his septic site. The filling that he did displaced water that normally drained on his property onto our property." It was the consensus of the Planning Commission members present, that they would recommend approval of this application. The Public Hearing was continued. (M)FILB 11624-OAVlD CARLSON (SHORELINE MARINA « YACHT CLUB) 1955 S80RELINE DRIVE COMMERCIAL SITE PLAN REVIEW-PUBLIC HEARING David Carlson, applicant, and Steven Fichteli Architect, were present. Kelley opened the Public Hearing at 8 00 p.m. and asked Mabusth to present her opening comments. Mabusth reviewed the changes proposed in this site plan from those proposed with application #1592, which w.as approved in October, 1990, with Resolution #2891 (see Jeanne Mabusth's memo dated March 13, 1991). She noted that she had recently been informed by the applicant of his intention to use the lighting plan approved with application #1592. She said, "There will be no changes in the lighting or landscape plan. Tne only changes proposed involves the clubhouse structure. The Variance application is still in effect. Kelley expressed concern regarding the underground gas tank. He asked Staff if they are aware of the elevation at which the tank now rests, and the date the tank was first installed. Carlson stated that he did know the elevation of the tank. - 9 - - 5f r- t,-: I":'k,IrW:m E ^ -i .»- ^V>' li#-’-'-,'-’' FA:-*- i' §: f-Vr I; W’-Wr m PLAmilNG COMMISSION MEETING HELD MARCH 18, 1991(#6)ZOMING FILE #1624-DAVID CARLSON CONTINUEDbut that h-3 did know it was inspected and tested last tail. He said, ’The testing was required by the Bankruptcy Court when wepurchased the property last fall." Mabusth asked Carlson if he would provide the City with a copy of the test information. Kelley asked if there is currently fuel in the tank. Carlson replied, "There is not any fuel in the tank at this time." Ke],Xey asked what standards and safety regulations the City has to address underground gas tanks. Mabusth replied, "When the fuel extension was placed on the docking facility, it was required to meet fire code regulations. I also believe that the L>1CD was involved in that review process. Kelley said, "I am talking about more than just fire standards. I am roncerned about upholding environmental standards." Mabusth replied, "I am not aware of any agency that makes annual, or periodic, inspections. I only know that if there is a break in the gas line, the pca is the responsible agency to contact." K^Xley suggested that it may be appropriate for the City to look into this issue further and establish standards for fuel pumping docks. He said, "I an concerned that a boat may run into the dock and somehow cause a break in the gas line. Is there something that requires the property owner to have a shut-off soincwhor^ so thst he can limit the amount of gas that leaks into the water." Hanson stated that such a provision would be included in the fire code. Mabusth added, "This is the most recently constructed dock in Orono. It was constructed based on the current marine standards for fueling docks." Hanson said, "It is my opinion that we do not need to throw another levsl of obstruction into the process, in terms * community level. I think there are sufficient agencies to handle this issue.” Kelley agreed. He said, "I an concerned about the tank because if it is sitting at lake level, it is more than likely - 10 - ^J! a'- 1 •4i r I" ic-i.f •fe' fe r 2^' Fa'.'Ifc i |5“ %1m'b- Ir I f’ i/1te jf ’te-ir ivir^fc- I faasi. PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#6)ZONING FILE 11624-DAVID CARLSON CONTINUED sitting in water. Due to that, I would suspect that the life expectancy of the tank would be cut in half. The City needs to do whatever necessary to make sure tnac the tank is not leading. The standards that the City may require for gas f 's such as this, may be higher than the fire code standards." Mabusth asked, "Are you suggesting that the City ei-.«blish a method to inspect and certify these tanks on an annual basis?" Kelley stated that Staff may wish to explore that possibility. Mabusth suggested giving the applicant's architect an opportunity to explain his proposal for the clubhouse. Steve Fichtel showed the Planning Commission the various elevations of the clubhouse building. He said, "v;e tried to design the br.ilding with a more residential character. We have a twO“Story plan, but the building will actually be a story and a half. Vie used dormers in order to achieve required headroom in the second level. The side walls on each end of the building would have a height of 1t faet." Kelley asked if anyone in the audience wished to comment on this application. Dan Crear, 1980 Spates Avenue, suggested that a public phone be installed on the premises. He said, "I brought that up the last time this was being discussed. It is not a big deal, but a lot of people stop in this area if they are having car or boat trouble and they come to my house asking to use a phone. Other than that, I have no objections to what is being proposed. I think it is an improvement over the last proposal." Art Torangeau, 2060 Spates Avenue, suggested designating one of the two entrances to the property as an exit only. He said, "Over the years, I have seen a number of rear-end accidents occur, especially with traffic heading west from Wiyzata. There has been quite an increase in traffic on Highway 15 in the last few years." Kelley stated that it may be appropriate to have the City Engineer's opinion on the access points to the property. He asked Crear and Torangeau to give their opinion of the proposed clubhouse structure. Crear replied, "It is difficult to tell how the structure will actually look by the drawing and the model. I have tried to envision how it will look in the neighborhood, and this proposal seems to fit well. It is a nice looking building. If it is a - 11 - ll..1 ^. r-V: ’;'L P* 5' !*■ r- ff • r^- U' I .^5 r*i;-^r;V^- PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#6)ZONING FILE #1624-DAVID CARLSON CONTINUED traditional si:ory and a !ialf.* it will ba no buildings across the street." taller than the Torangeau asked what is happening with the property across the street. Crear stated that he was unable to attend the last Council natter what happens with the gas station property. ir H>S 3'Si trying to get onto to Highway 15 froro County Road 51. said, "40* X 30* included only the structure itself. application.” Bellows said, "I am inclined to agree with the neighbors. I want to change it. VVhat concerned me about disallowing the deck on the second level is that the retail business cannot logically be moved upstairs. Without the second-story deck, the clubhouse looses any kind of exterior space. In my opinion, this structure, with the deck, is very much in keeping with what our lakeside structures ought to be. I have no objections to this An ^ Hanson stated that he had no objections to this application. The Public Hearing was continued. - 12 - . H'v . : r -EI t: I w fvr 4 PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#7)ZONING FILE 11625-DON OLSON 4590 NORTH ARM DRIVE VARIANCE-PUBLIC HEARING Don Olson was present. Kelley opened the Public Hearing at Mabusth to make her openirt comments. 8:24 p.m. , jnd asked Mabusth provided a as set forth in her Mari review of Mr. Olson's application .991, memo. Kelley asked if any of Mr. Olson's neighbors were present. None of Mr. Olson's neighbors were present. Olson commented that he personally had spoken to his neighbors and they indicated they had no objections. It was the consensus of Bellows, .ley and Hanson, that they would recommend approval of this apt •. ication, The Public Hearing was continued. (#8HONING FILE 11626-TIM a BETH TRAFF 2883 NORTH 8B0RE DRIVE VARIANCE-PUBLIC HEARING Tin Traff, and John Blumentritt, were present for this matter. applicant's contractor. The Public Hearing was opened by Kelley at 8:26 p.m. Gaffron explained that the Traffs request approval of a side yard setback Variance, as well as lot width and lot area Variances, to replace an existing residence. He said, "This is a one acre lot located in a two-acre Zoning District, and the lot is sewered. The existing house is only two to three feet off of the side lot line." Gaffron displayed a sketch of the proposed residential structure, as well as a sKetch showing the location of the average lakeshore setback line. He said, "V^ith the exception of a grade-level patio, the proposed house will be located behind the average lakeshore setback line. The neighboring driveway that encroaches on th=f Traff property was excluded from the hardcover calculations." Traff stated tha. Jam^s and Patricia Mitchell had sent a letter to the City expressing their opposition to this plan. He said, "We are not requesting a Variance fr.^m the Mitchells. Roily Lacy, my neighbor to the east, is in favor of the plan. The Mitchells state in their letter that we have no hardship to warrant Variance approval and that we have sufficient property across the street to build a house. v<e would like to construct a home in the 'ocation where we now live, and have put the property - 13 - W- 1^’ ^v. S'PtY. # i-' ■?y II' r Y S '. , f I, r I. I 1^:' I. |‘- PLANNING CONHISSION MEETING HELD MARCH 18» 1991 (#8)ZONING FILE #1626-TRAFF CONTINUED across th6 street on the market for sale. Tne hardship is that the existing house is too small, and because it is located on the lot line, we cannot add onto the house. The plan we have submitted seems to be the best solution." Bob Mitchell, Attorney, stated that he is not related to Jim and Patricia Mitchell, but that he is here this evening, as their lawyer, on their behalf. Mitchell stated that the Tcaff's plan has been revised in that it no longer shows an addition encroaching toward the Mitchells' residence. He said, "The Mitchells* main concern w.as the side yard Variance that would have been required with the plan wa received. Tney are still concerned about the size of the Traff's lot and the placement of the proposed house toward the front of the lot. They would prefer to see the house pushed back further on the lot." Traff responded, "In answer to the Mitchell s concern about placing the house back further, I would agree to push the house back five feet. Roily Lacy and I re-conf igureo the average setback line to extend from the middle of the Mitchells' house to the Lacy house, which brings the line back approxinately five feet." Rollin Lacy, 2555 North Shore Drive, statr,‘d that he had no objections to the Traff's proposal. He said, "I would suggest to the Planning Commission that you look at how properties are laid out in relation to adjoining properties when considering the sight lines." Kelley agreed with Mr. Lacy Bellows stated that the Traff's plan is an improvement over what currently exists. She reiterated her position on the importance of seeing a floor plan with applications such as this. Bellows stated that it is difficult to substantiate the hardship in this case without seeing a floor plan. Hanson stated that since it is the applicant's intention to start over from scratch, he cannot justify approving the side yard setback Variance. John Blumentritt stated that he has started drawing the floor plan schematics that would support the Traff's position. Bellows supported Hanson's statements. Kelley stated that he is indifferent. Traff stated that the planning Commission had looked favorably this evening on several requests for Variances and - 14 - ai,% ■r PLANNING COMHISSION MEETING HELD MARCH 18, 1991 (•8)ZONING FILE 11626-TRAFF CONTINUED questioned what made his application unique. Kelley responded that the Planning Commission looks at each application in a unique light, and that each must have a proven hardship. He said, "We are already granting you the lot area and lot width Variances. If your lot was undeveloped and had not received municipal sewer, it would probably have to remain that way. From my point of view, this is a buildable lot, and you will either add on to the existing house, or start over. Thac is why I am indifferent. I nave no problem with the Variance for that matter. I do not want to see you compare the way in which we address your application with w’.iat we have done in other cases.” Traff asked Hanson if his opposition stems from the concerns raised by the Mitchells. Hanson replied, "No. I have done enough building to know that something can be constructed on this lot without requiring a Variance." Kelley reminded Traff that in the e-'ent the Planning Commission does recommend denial, he cou .c still take the application to Council for their deciding vote. Bellows suggef *.ad that Mr. Traff bring back a schematic of the floor plan to give the Planning Commission a better understanding of his hardship. The Public Hearing was continued. («9)ZONING FILE »1627-aAMUEL A. MCCLOUD RECORD LOT «22, BIG ISLAND AFm-TNt-PACT VARIANCES PUBLIC HEARING Samuel McCloud, and his Attorney, present for this matter. Carter DeLaittre, were Kelley opened the Public Hearing at 8:42 p.m., and asked Gaffron to present his opening comments. Gaffron summarized the issues involved with Mr. McCloud's application, as outlined in his March 12, 1991, memo. He displayed a sketch and photo of the retaining wall/stairway/deck system that had been constructed on this property without proper permits. He added that the retaining walls were installed to restore damage to the bank that resulted fr.im the 1987 Superstorm. Gaffron said, "The City Engineer has examined the structure in terms of the necessity of the reta.ning walls. He determined that the width of the bank does need some kind of a - 15 - PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#9)ZONING FILE #1627-MCCLOUD CONTINUED supporti system. He is siggesting that the wills with a height exceeding three or four feet be lowered and that some interior walls be added. The City Engineer has indicated that the stability of the existing walls is questionable. He also stated that the lower walls would be easier to screen from the lake. DeLaittre stated that there is a protected wetland that exists from the Minnetonka Power Squadron property to Mr. McClouds. He said, ‘‘The 1987 storm washed out the existing and took out two trees. A major portion of the hill washed away, leaving a bowl "■•haped depression. Following that. Mr. McCloud hired a contractor to build an addition on the cabin, aid the contractor suggested that the bank should be restored with a retaining wall system. He informed Mr. McCloud that he would obtain all the necessary permits. We found out, after-the-fact, that he had not obtain the permits. Tne Structure is presently in place, and we believe it does control the erosion on the property. This structure does meet the intent of the City’s Hardcover Ordinance, in that it allows water to percolate into the ground. The horizontal members of decking do ))ave spaces in between them, which allows the rain to filter through. The stairway was constructed in a zig-zag manner to the distance one would fall if that were to occur. There is quite a bit of vegetation that would screen the structure from the lake in the Summer. The structure has a natural wood color. Because of the sharp drop on the hill and the terracing of retaining walls, the railings on the top and second level serve a safety purpose. Without the railings, someone could fall off the edge and fall quite a distance. There were no complaints from the neighboring property owners about this structure, and I do not believe there have been any since then. Mr. McCloud does have a fairly significant financial stake in this structure, and would like to receive approval for it to remain." Hanson questioned whether McCloud would have any recourse, financially, through the contractor. DeLaittre replied, "Mr. McCloud has tried to contact the builder, but has been unable to locate him.” Bellows stated that she could not possibly approve such a structure in this location. She said, "I am sorry, but I believe it is an owner's responsibility to make sure that a contractor has in fact obtainad the necessary permits. The City requires permits to be posted on the construction site. I believe this structure is extremely over-built and appropriate. It should be cut back to provide a minimum stairway access and whatever retaining walls are necessary to support the bank." Hanson stated that he totally agreed with Bellows. - 16 - I PLAHNING COMMISSION MEETING HELD MARCH 18, 1991 (»9)ZOMING PILE tl627-HCCLOUO CONTINUED McCloud asked f >r the opportunity to make sDme additional points. He stated that the flooring of the decks are at ground level, and, therefore, are invisible from the lake, and that the only portion of the structure that is visible, is the retaining walls. He said. "The City Engineer has recommended that I keep only the retaining walls, whi.'h are definitely requir^^d to prevent the bank from further erosion. The design of the floor decking is such that it traps small quantities of watar in between each plank, which prevents water from just running down the bank. It promot:>s percolation of rainwater throughout the whole system. The City Engineer also recommended leaving at least a portion of the steps. The only other aspect of this that may be disturbing to view is the storage area. The rcitaining wall does extend behind the storage area. I v/ould be happy to remove the front wall of that area, but there will still be" wall behind it." Hanson interjected, "I would just like to say that I am not concerned about the visual impact of this structure.” McCloud explained further, "The railings, or some other form of restraint, will have to remain in place to prevent someone from walking off t le edge. A barrier will be necessary regardless of whether or not the floor decking remains. 1 guess my question then is what would you want me to remove?” Kelley explained that the City'i Hardcover Ordinance does view decking as hardcover. Bellows reminded McCloud that the City Engineer has stated that the retaining walls are failing. McCloud said, "Neither m/self, nor my engineer, could find signs of the retaining walls failing. I would have to respectfully disagree with the City Engineer's opinion in that regard. I would also note that the Cit/ Engineer states that the floor decking enhances the stability of the walls. If in fact, the walls are failing, I will of course repair them." Kelley said. "In ity opinion, some hardcover can remain, including access to the lake. You are entitled to have access. The decking however should be removed." McCloud asked Kelley to address the railings. Kelley replied, "The railings are nseded in accordance with the retaining walls exceeding a certain height." Mabusth stated that railings are needed when the wall height exceeds 30 inches. - 17 - 9:05 p.m., noting that PLANNING COMHISSION MEETING BELD MARCH 18, 1991 (#9)ZOHING FILE #1627-MCCLOUD CONTINUED Kelley suated that there are several existing retaining walls within the City of Orono that would provide examples of how the issues of safety and erosion control c^n be addressed. explained the options available to Mr. Mrclond for proceeding or tabling his application- McCloud asked the Planning Commission if they concurred with the Staff recommendations presented in Gaffron's memo. Gaffron reviewed the recommendations included in his memo. McCloud stated that he would work further with Staff to prepare a revised plan, and request-d thit tht Planning Commission mnke a motion at their re~convened meeting to table this application. The Public Hearing was continued. (flOXOMIHG PILE #1628-MARK • SARA FINNEY 4195 HIGBNOOD ROM) VARIANCE - PUBLIC HEARING Kelley opened the Public Hearing at Sara Finney was present. Mabusth showed the plan for the replacement foundation and the proposed addition, stating that an average lakeshore setback Vnjfiance would be r?<quired. She snid, "I was advised this evening by Jii.i Hanson, v/ho d_d go beyond the fenced area, that there is structure within the lakeshore yard." Hanson said. "There in a complete stairway with bench seating, and intermediate storage area, not entirely dissimilar to what we saw in the McCloud application. I would approximate that there is 1,300 sf. of ground cover in the 0-75’ area. I discussed the structure with Ms. Finnay who informed me th^t the structure was installed two owners ago. Permits were not obtained, nor were any Variances granted for that structure. In this case, I whole-heartedly support the addition plans the Finneys are proposing, but I would ask for trade-offs," Kelley asked Finney to state her hardship for the requested Variance. Finney replied, "The house has one bedroom and is one and a half stories. The basement is functional as a swimming pool at best. We have the same circumstance discussed in an earlier application this evening, with our driveway being above the level of the house. When it rains, the w^ter comes down the b*^ck sidewalk into our basement. We are hoping to put in a solid v;all foundation. The square footage of house now is 900 sf. The - 18 - rr PLANNING CONNISSION MEETING HELD MARCH 18, 1991 (#10)ZONING PILE il628-FINNBY CONTINUED addition would accommodate c'aildren intend to have in future, as well as extended family that may reside with us.** the Mabusth added, "I believe that the topography is a definite hardship. Also, the addition will not impact any neighboring views of the lake. Kelley asked how far the Fairview cottage to the west is located from the Finney residence. Hanson stated that you cannot see the Fairview cottage from the Finney property. Bellows stated that the Finney house is located on a point, which should also be considered as a hardship. Kelley directed Staff to m.tke a site inspection the structure within the 0-7S' setback area to determine whether it is excessive, and whether it m<3ets safety standards. Ha said, **Pendin9 determination on the lakeshore structure, I would recommend approval of the average lakeshore setback Variance." Bellows agreed that the hardship runs viith the land in this case and that she too would approve the Variance. Hanson concurred. The Public Hearing was continued. (#11)ZONING FILE «1629-MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE-PUBLIC BEARING James McNulty, Contractor, and Hugh MacMillan, were present. At 9:15 p.ra., Kelley opened the Public Hearing. Gaffron provided a brief review of t le history of this property, as well as an explanation of issues involved with the applicants' present request to enlarge a>i accessory structure (see Michael Gaffron's memo dated March 11, 1991). Hanson stated that he had voted to recommend approval of the tennis court structure when the application was reviewed by the Planning Commission. He acknowledged that the City had, since that time, adopted an Accessory Structure Ordinance, and that makes him a bit uncomfortable about r>4Commending approval to enlarge the same structure. He said, 'I do believe that the building ia a greater success than what the original plans indicated. I think the building is well suited to its location." - 19 - & Vte: . L-. I'.' fc- I uiV'm»*-V-‘ f :> Bi. PLAMNING COPIMISSION MEETING HELD MARCH 18, 1991 (ill)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED Bellows stated that she w'.s consistently opposed to tne structure from the beginning, aod that she cou .d not recommend approval of enlarging it. stated that he had also been opposed to the tennis court structure when the application was first introduced to the Planning Commission. He added, "This structure sparked quite a bit of interest in the Planning Commission and Cou ici1, and after reviewing our e^iisting Ordinances, wo drafted the new Accessory Structure Ordinance. I have to stand by that ne« Ordinance. Jim McNulty showed a sketch of t.he building plan that w's approved by Council, and statod that due to budget decisions, « smaller building was constructed. He then displayed a sketch of the oroposed addition, and explained that the square footage of the addition is approximately 1,000 s.f. Isss than the area that was approved in the first plan, but nnt constructed. flcHulty said, -we are now asking permission to construct a portion of the original plan that was approved. The structure has been successful and has not proven t^ be an inconvenience to the neighborhood. The owne.rs went overboard f.o meet the landscape requirements." Kelley stated that he drives by the structure twice a day and agreed that it has a pleasing appearance, but added that he must adhere to his principles. The Public Hearing was continued. (#12)R8COIMBNDATION TO COUNCIL draft memo dated March lU 1991. that was prepared by Staff, summarizing thn Planning Commission s conments and recommendation stemming from the two February Public Hearings. He said. **In my opinion, this memo is very close to vhat we discussed." Hanson stated that he had hoped all seven members would be present when this recommendation was discussed. He suggested to Kelley that it may be appropriate to explain, for the benefit or those in the audience, the nature of the six to one vote. Kelley stated that the difference in opinion focused mainly on consideration of County Road 6 being upgraded. Hanson added that Planning Commissioner Rowlette, who registered the minority vote, did not wish to see the existing Highway 12 corridor selected for the proposed upgrade. Kelley re»d » portion of the March 11, 19^1 draft which - 20 - PLANNIHG COMMISSION MEETING HELD MARCH 18, 1991 (il2)HlGHHAY 12 CORRIDOR RECOMMENDATION CONTINUED sunun3jriz6d the Planning Conunission' s corridor reconunendations. location Bellows added that the recommendation based on a series of policies and goals, such as the 1980 Comprehensive Plan, and the Planning Commission consenstis that they did not wish to undertake rezoning of areas along the corridor. She said, "We also recognized that though we wanted to support the views o/f oar residents, it is our responsibility to look at the proposal within the context of immediate and future transportation needs for the Community. The Planning Commission agret^d that some upgrading of Highway 12 is required to address safety factors. We strongly encouraged the improvement of all levels of communication between the Cities of Long Lake and Orono. We felt it was necessary to establish a corridor to eliminate the uncertainty for those wishing to buy or sell property within the area. Ths Planning Commission indicated the need to limit residential impact and protect the natural environment." Bellows suggestsd that it may be appropriate for the Planning Commission to state specifically that the Luce Line corridor is not to be considered.*^ She said. "We ^'io not want to give any implications that may lead MUDOT to pull the old corridor plan out of their drawer." Hanson reiterated the iinportance of limiting the nvtmber of corridor considerations to only one. Kelley informed those present that the Planning Commission had voted unanimously to encourage the City of Orono to work with MNDOT and the City of Long L.ake to expedite comprehensive safety improvements to Highway 12. He advised that MNDuT is planning to upgrade Highway 12 with soecific safety improvements in the year 1993. Kelley summarized the Planning Commission's recommendation regarding the design of the upgraded road. Hanson compared the recommended design to the old, four-lane Highway 12, though he notad that the Planning Commission did not .specify four-lane in their recommendation. Kelley stated that the traffic counts have not been provided, and that it is difficult to make a recommendation on number of lanes without that information. Mabusth stated that George Johnson ai 1 CounciImember Goetten confirmed that the current level of txaffic on Highw.’sy 12 is 15,000 to 23,000 cncs per day. She added that a four-lane ruad design is required for highways exceeding 10,000 cars per day. She asked the members present if they would still like their - 21 - .;y' ■f i 'f- T-' Ih y ;i' # • V ',t^v *' k- iitI# f. \ Ir |f % Prr ;- r; I?m' fi&l: $i '■yfi- fe- PLANNING COMMISSION MEETING HELD MARCH 18. 1991 (|12)HIGBNAT 12 CORRIDOR RECOMMENDATION CONTINUED recoinniBndation t.") r«sfer only to a minimum width design in lieu of stating four-lane. right-of-way Kelley answered affirmatively Hanson said, "I would want to recommend a four-lane, but I am willing to concur -ith the recommendation as is." Kelley stated tnst the Planning Commissi.m further recommended that Highv/ay 1? not b-. _ . ------- considered to address Regional traffic flows and pressure from the ci>mmunities west of Delano. He referred to the Planning Commission's recommendation to divert traffic to Highway 55, and Gaffron displayed an area map showing where a connection between Highways 12 and 55 could occur. the only alternative Bellows stated that she would like the recommendation m^-mo to Council to indicate that the vote was six to one. Kelley stated that the only other addition to the memo would be Bello'.^s suggestion regarding opposition to possible consideration by MNDOT to select the Ljce Line corridor. Howard MacMillan asked if the term "minimum width right- of-way referred to another design option other than freeway oc expressway. Kelley explained that minimum width right-of-way could refer to «in expressway or freeway des ^n. He added that he is aware that at some future time, a four-lane highway will be needed. Kelley noted the Planning Commission specifically recommended against a freeway. Hanson indicated that he does not want the Planning Commission recommendation to allow for a piece-meal development of a road that will be large enough to address existing and future traffic needs. He would rather see consideration given to nill be required in the future, and a road constructed to address that requirement. Kelley urged those in the audience to contact the City CounciImembers and express their point of view. Bellows also encouraged everyone to attend 1991, Council meeting where ths Planning recommendation will bs presented to the Council. the Miirch 25, Commission's George Johnson statad that he has not heard anyone speak of the City's responsibility to the suburbs west of Orono. - 22 - f- ■,r '•L‘ PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#12)HIGHWAY 12 CORRIDOR RECOMMENDATION CONTINUED Kelley replied. "The Planning Commission did address that. We agreed that the City has a responsibility to a certain extent. We did not specifically recommend against a four-lane expressway design, which means .;e are being responsible to the traffic needs from the Viest. However, wa also agreed that there are other alternatives and that Highway 12 shou d not he considered the only alternative. I think if the Planning Commission had taken a "no-build" position, that would not have been responsive to the needs of the western communities." Kelley asked tiabusth to incorporate the revisions noted th:- QV^ning into the recommendation memo to Council. (il3)X0HIHG FILE #1618-WILLIAM PUCEL BALOOR PARR PRO/SOBDIVISION-SKETCH PLAN REVIEW Mr. and Mrs. Pucel were present. Mabusth displayed the Pucel *s S:^etch Plan f )r a PRO on Baldur Park. She said, "One of the issues before the Planning Commission is whether oc not you v;ould recommend approval of encroachment into the "'S foot setback area." Kailey stated that he would not recommend approval of encroachment into the ^5 foot setback area. Bellows and Hanson concurred. Mabusth asked if the Planning Commission v/ou d recommend approval of a hardcover Variance. Kelley, Bellows and Hanson unanimously replied. "Ho." Nelley said, "Ev%ry time I drive out on Baldur P^rk Road, I am awed at the thought of more development occurring out there, especially in the low-lying wetland area." Bellows and Hanson agreed with Kelley Mr. Pucel noted that there is approximately 22,000 s.f. of buildable area that is above the flood plain. He asked why he would be denied the ability to develop that area. Kelley replied, "If you can present a subdivision that meets all the Ordinance requireme«'.ts, setbacks and h.ardcover, I would consider your plan." Mr. Pucel stated that he thought the purpose of a PRD was to allow for unique developments, and the clustering of the residential homes into one area. - 23 - if- iS- i- .... - ^... ..... ‘f. u PLAHNING COMMISSION MEETING HELD MARCH 18, 1991(#13)ZONING FILE #1618-P0CEL CONTINUEDKelley replied, "I envision the clustering, in tnis case, occur the p the hill v/here the existing houne is located.” Hanson indicated that he may be willing to consider a width variance, or something on that order, provided the setback and hardcover requirements are met. Ms. P-cel stated that the property i^ extremely unusual, which presents an extreme hardship. Kelley stated that the hardship is on Lake Minnetonka, and that many of the Zoning Ordinances were written expressly for the purpose of protecting the Lake. Bellows added, "There a;:e some of us on the Planning Commission that are not about to stie the une of that Ian Intensified until something is done about the road. Mr, Pucel asked what his next course of action would be. Kelley explained that after filing a subdivision/PRD application, this matter would again come before ths Planning Commission and would then be scheduled for Council review. (#14)ROLE OP PLANNING COMMISSION „ Kelley asked Council Representative Goetten, and Councilmembec Jabbour. if either wished to make any comments r09ardin9 the role of the Planning Cc)rtunission. Goetten stated that Council has been considering the role of rhe Planning Commission, and thought it would be helpful to have the Planning Commission indicate v/hat they see as their role. Kelley said, "Th«-s last faw years have been completely different for me than the eight years before that. I think the next five to seven years ate going to be important. Orono n at a critical juncture, and decisions made in the next fev/ years are going to determine the manner in which Orono will exist in the future. I think tha Planning Commission should be more geared toward planning in areas such a.s roads, public services, e^c. There has been discussion in the past about giving tho Planning «:ommis5ion more of a voice in that applications with an overwhelming majority wou^d not require Council review. The applicants would have the ability to appeal any Planning Commission decision on the Council level." Hanson stated that the City of Orono has more Variances per capita, than cities with higher populations, such as Bloomington. He said, "I a?.80 believe that the Council, for years, has spent - 24 - I^i- - ■ ij'' P'' wmw.V'v 'S; ■ : i • 't- p I.I? ^ PLANMIMG COMMISSION MEETING HELD MARCH :1991 (|14)PLANNING COMMISSION ROLE CONTINUED ent.iroly too much time doing Planning Ccimmission work. Keiloy statijd that perhaps Orono exists as it does today, because of the Ordinances the City has established to control development and protect natural resources. He said. -’The City of Orono is not a commercial entity, and does not focus its planning on revenue dollars. I believe that is unique, and that it provides a corresponding benefit in that we have a high credit rating. Because of the fact that we do not focus on development for revenue dollars, we have developed a /ery strong financiil position. That i? a very unique position for a metropolitan- suburban coromunity.” Hanson agreed with Kelley- bijt stated that the City has had to pay in other areas because of that position. Kelley said, “That is true, it has been at some cost. Tr.at is vihat caught us a little off guard with the Highway j2 and I.MCD issues. ** Goetten commented that the Planning Commission was caught off guard because they were not given the option to be involved. She said, "It is not the fact the Planning Commission would not have be«)n more involved with those issues, it is that you were not asked to do that. Tne Council would like to see that, . ’ a number of other changes, occur. I, personally, would like jee the role of the Planning Commission expanded. However- Council felt that we first needed to get your reaction to see if you agreed to an expanded role." Kelley stated that h»? appreciated the opportunity to meet with the other Planning Commission members in a work session atmosphere to discuss the Highway 12 issue. Bellows agreed that the process for the Planning CoiTimission to discuss and consider Highway 1.2 hes been very successful. Hanson stated that the Planning Commission is a well working group of people. Ha said, "I’ve not aeen a volunteer group of seven people work this well tog**tlier." Goetten said, "I thinx I see a consensus of a Council that will support some kind of expansion and involvement," Bellows said- "It is my opinion that there is far too much duplication in our existing process. Jeanne and Mike go through each application we go through it, the Council goes through it. That is an incredible waste of ti.me and talent. Some kind of s^ystem has t ■> be put in place that will allow only a certain amount of repetitiveness, I would like very much for the - 25 - & '^'-vr? r. ri- % i. h I- i-'f- t? ■ I: f=* I i.i I ?■ fe. PLANNING COMfllSSION MEETING HELD MARCH 13, 1991 . ■aior IssuAS q«t po«tponed because our agenda is so full. I also think we need to loo< a. the position of Staff. It is not only the poor working conditions for the Staff that poses a problem, tie he^ excellent Staff personnel. It seems to me that they have been forced into a very difficult position in the Community. They have been put i^ a position where they must aot an the q4^4-^u-i voice for zoning applications brought before the Planning Coe«issiori and council. Instead of them being able to Maintain their role and objectivity, they are put on the line and forced to do more v^ork than they should possibly be asked to do in this capacity. Th’s because of the structure of the system. If we «*jre to revise that system- there may be a nusU>er of applications that wou.'.d not get beyon«3 Jeanne and ^1^^^ j iinv# b^€ to • lot of Planning Coraniission ntt^atlnga in citiM Of various sizes. I have never seen anybody that is as prepared ai our Staff is prepared for t \ese m»?etings. I think that is asking a lot because I think thcrs is a lot oj: things thay should not bs asked to do.” Kelley askod why it is not necessary for property owners to aign building permits- even if their contractor applies for the permit. He suggested that nay ba a way for homeowners to be sure that proper permits have been obtained for constructior projects, and may reduce the lumber of after-t’.a-fact Variances. Jabbour indicated that one of the main reasons he wished to be elected to Council, was that he believed something had f.o be done to get t »e City bnck on track. He said, "After I was elected. I set abOi«t the task of trying ' decide where it v/as that W'i went wrong. W.is it ti Council. oi the Sr,aff. or the Planning Commission, or something else" I determined that one of the problems we have is that no one has ever really sat down with tha Planning Comnissi.m or Park Commission, >r any other volunteer group, and explained to them what it is they should be doing. Another point is that Staff has been placed in precarious position. They could not tell an applicant that their proposal to exceed h« sdeover limits in the 0-75' setback zone wou d be denied, becJKns^ Council w?s not consistent in upholding that Ordinance. * With regard to Kelley's suggestion about applications with majority votes being reviewed by Plan ng Commission only. Jabbour stated that Council should revie» all applications to keep informed- but suggested th^t tho^e with Planning Commission majority vote could be pl.iccd on the Consent Agenda. He said. "The Council's intention is to ro-focus your function to whau it should have been all along. Does the Planning Commission - 2G - II P m- 't ■r r f:' PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#14)PLANNING COMMISSION ROLE CONTINUED really know what their function is?" Hanson replied, "In ny opinion, our function has oeon to deal w’.th Variances and other zoning requests, and that is about it. It may be appropriate to have ■, Plannin; Commission ‘*ody that deals solely with zoning requests, and another g:oi. to address planning issues." Jabbour stated that the Zoning Ordinances v;ere written primarily with re-development in mind. He said, "That is why the Planning Coinraission sees so many Variance requests. Tie City is experiencing the re-development stage now, and because of that, and the fact that lakeshore is scarce, the City will bo under even greater pressure for re-development. People will buy $450,000 homes, tear them down, and want to re-build. Keeping in mind the new DWR regulations, it is going to be interesting to see how . ities such as Spring Psrk and VJayzata approach their future re-development. Orono bit the bullet from the beginning." Goetten stated that the City of Orono has al\/ays been a leader when it comes to protection o ^ake Minnetonka- and other environmental resources. S.ne agreeo with Jabbour's ci>mments regardii.g the pressure for re-development, and stressed tha importance of Orono maintaining its restrictive, protective position. Kelley stated that it is important for the Planning Commission and Council to work together. He said, 'I have found over the last month or so- rene\/ed energies and hope in regard to the City and why I got on thi- Planning Commission. I would like to expand that * further. The bulk of p.lanning for Orono took place in the 1980*s. The next pivotal piece af that bulk of planning is Highway l.> and a new facility. Once those two issues are resolved and are .in place, the City will almost be on automatic pilot, with the exception of routine Variances a.sd subdivisions." Bellows added that roads is another planning issue that must addressed by the City. MINUTBS-PBBRUARY 19, 1991 PLANNING COMMISSION MEETING This item vias tabled. itHOTBS-FEBRUARY 20, 1991 PUBLIC INFORMATION MEETING ■ This item was tabled. NIHUTBS-FBBRUARY 27. 1991 WORK SESSION This item was tabled. - 27 - p-m- te. PLANNING COMMISSION MEETING HELD MARCH 18. 1991PLANNING COMMISSION REPRESENTATIVE It was agreed that Maureen Bellows v/ould attend the April 8, 1991 Council meeting as the Planning Commission Representative. ADJOORNHENT The March 18,1991 Planning Commission meeting adjourned at 10:10 p.m - 28 - L'l.- J A O R O S O S C H O O 685 Old Crystal Bay Road Long Lake. Minnesota 55356 (612) 473-7301 Fax (612) 473-1477 L S Susanne Kueppers Associate Principal Orono Middle School Warren V. Nelson Principal March 20» 1991 Chief Kllbo Orono Police Department 445 Willow Drive S. Long Laket MN 55356 Dear Chief Kllbo* We are nearly finished with the DARE program for 1991. On behalf of the faculty and students I would like to thank you* the city of Orono and Officer Comick for the time given to this program. In the middle school library on April 23* 1991* at 7:30 p.m. the middle school Parent Advisory Committee will have a panel of people talk about chemical health* student stress* self esteem and confidence building. 1 would like Officer Comick to be on this panel. He could tpTk about DARE and also parent programs. I* personally* believe that parent education is the weakest component in the chemical health program. Serving Indcpendgmce Long Lake—Maple Plain Medina—Minnetonka Beach—Orono an Fmial Onnominifv F"w*lov<»r r--.>0 ^ m m - — - • • - -\dj%.r .e. graduationhMarch 22; 19911Orono Middle School1Grade 5iniroduction:Officer Jim Comick Orono Police DepartmentGttCfU;Principal Warren Nelson Chief Mel KUbo Rcinarka:Warren Nelson 8MU: V.Cbi Alive »ten&mwall Jenny B&nqert Jill Putnam Kerri Lynch Ang^e Nicholls T,V. Druet Jason Christensen ly Anderson Heatlier Arnold Caiyn Gusta^n Hannah Mercer Sara Meyer With or Without DA.1LE. I^arstl Carlson Jessica Smith Megan Wirtjes Teerueen Emily Dressel Atuly Halldln Brian Hawkinson Chrissy Morxissette Nicole Oas Rob Ryan Guest ^peakcn Janie Jasln “Voice Your Choice' *Taldi^ A Stand' 1. Sarah Smyter 2. Anne Jerde 3. Aiulrew Wood 4. Michael Lazear 5. Danylle Ediols 6. James Keller 7. Erica Iverson Presentation of DiAJLE Certificates Closing Remarks Reception Ptemjcin u$ for r^nshmatts in the Middle School Cafeteria. • ^*.* f?:. -'v. . . V METROPOLITAN COUNCILMvi»r\ Park Centre. 2J0 East Fitrh S;/> * Si Paul Sf\f)i: 29J ^:^A' 6/: m* :^ro<^u m I mm H- ti felt- March 22. 1991 Metropolitan Council Members Mary Anderson. Chair 0% *7 • A•''Hrv 2 » L We wen bt the news this week Couneltiuba 990 diaw ap at nirpert Lf0^v nUDAV RETORT / • • A The article in the Star Tribune this week on strengthening the Council stated 'Jj (aj- things fairly well. I thought. In the article, the governor mentioned * ^ consolidation. What the Council can do in that area is to work with communities and encourage cooperative, coordinating kinds of efforts. Consolidation would have to be initiated by individual cities, obviously. White I thinir the govemor would like to see consolidation, he must realize that we do not have the authority to implement it or to force it I think the govemor wants the Council to take a more visible role in some regional issiies. The ones he mentioned in the Tribune article were transit and airport decsNon*making. Our role in those issues is fairly well defined, and I think we have been doing a good job in them, although we may not have been as visible in transit as we might be. As I was quoted in the Tribune article, I think the Council is at a crossroads. I think ai^ orguiization that’s been around this long should look at its mission to determine whether it is being fulfilled. And the fact that there will be 9 new merabers~10 with me-has potential for change and vision. I don’t see any drastic changes coming about. But I see this as an exciting time in which there is real potential for developing more of a regional vision, which may have been lacking to some degree. As I see the Council, it swings from one end of the spectrum to the other At one end, we've had a Jim Hetland, who sees the Council as a decision-making body for the region. At the other end. we’ve had a John Boland, who involved the Council more cloaely with the agencies, govemmentt and local officials that the Council works with-^-which some people felt diluted the Council’s visionary abilities. I think, as in all things governmental, the best answen are somewhere in the middle. More than 800 people participated in this week’s two public meetings on the candidate search areas for a possible new airport On Monday in North Branch, more than 500 turned out to C9q>reu opposition to an ai^rt site in the Anoka-Isanti-Chisago area. Emotions were high, and collectively the group made it clear they would prefer the airport to remain where it is. Council Members Rietow, Senden, Stein and Waritz participated in the meeting. Then on Wednesday, more than 300 people turned out for the meeting in ^.1; F ,t- u? p. :'. (| ■s?y I. ‘IlIv :t-»; f 1^' ►^vj. r -*- -Ifc About 200 attend seminar on radio commumeatioas Prm OMpioiing metro b Opting oed MOro mu My roU as chair is excidi^ k£M: «. « Rosemoutu on the Dakota candidate search area, attended by Council Members Liz Anderson. Fisher. Rietow. Schreiner and Waritz. People at this meeting also questioned the need for a new major airport and said the present site is the best one. At both meetings, many of the same concerns we have heard at previous meetings appeared, such as environmental issues, the length of the process, preservation of valuable agricultural land and the need to preserve characteristics unique to each area. On Wednesday, approximately 200 local government officials attended a seminar at the Minneapolis Convention Center on the possible need for a coordinated regk>n<wide radio communication system. We cosponsored the seminar along with the Metropolitan 911 Telephone Board and the Association of Metropolitan Municipalities. We held the seminar partly in response to local government concern about the shrinking availability of radio fr^uencies for public safer/, fire and public works communication. In my opening icinaiks describing the Council’s feasibility study, I announced my appointment of Council Member Dirlc deVries to chair a Council task force to oversee the study. Also addressing the session was Gov. Carlson’s chief of staff. Lyall Schwarzkopf. He emphasized the importance of the radio communications project as a way to get local governments to become more efficient by sharing services and facilities. Utis is the kind of acthity the Council was created to perform, he said, and is in line with the governor ’s agenda. In a question period following a presentation by Ronald Vegemast, a consulting engineer, it was clear that the cost, planning and funding of a system were critical issues. Concern was also expressed that the Council move quickly on the study to determine whether a system should be built. I appreciated an opportunity to talk about metro issues with editors and editorial writers from the Sl Paul Pioneer Press Monday. Our topics indued fiscal disparities, the Metropolitan Urban Service Area line, li^t rail transit, and expansion issues~particularly as they concern the Metro East area. On Monday Phil Cohen, chair of our Metro HRA Advisory Committee, bm on a study the committee is doing on the opt-out issue. Some ate ttlong to opt out of Metro HRA to form their own programs. As I understand it, last year the Council and Metro HRA put a moratorium on opting out until policies could be developed on conditions and criteria under which a community would be able to opt out. The committee will now proceed on developing policy recommendations for the Council as to how opting out should work. On Tuesday 1 attended the last in a series of breakfast meetings the Metro Waste Control Commission has been holding with municipalities to explain their work program. This one was in South Sl Paul 'There I also was interviewed about my new position and vision of my role by Deborah Nyberg of the League of Minnesota Cities for itt magazine. I told her that my role is ^^ring and interesting, and that a major focus at the very beginning is to give the Owncil members-new and current~the opportunity to develop a comfortable working relationship. Then weH work together on their long-term vhioo for the region, and finally begin to put that vision into effect ■ }!: 'Iu V hv i y y I [h ■ t ,So Kontmic report to governor this year We wiU review nk tf advisory comMuttea Revitattzuw neighborhoods Week ahead hfoath ahead ■-. On Tuesday, staff economics research supervisor Bill Byers and I attended a meeting of a work group Bill belongs to that is made up of representatives from a variety of state agencies. The group’s job is to create an annual report on the state’s economic coiulition for the governor. We talked about whether to continue this joint effort on an annual or biannual basis. The group had already concluded not to do a report this year, because of lack of funds, but to do an abbreviated, lower-cost report next year and then to evaluate It. Everybody at the meeting felt the document was vital and helpful, including people from the private sector who supported continuing it. On Thursday I met with representatives of the Developmental Disabilities Adviaocy who have decided they want to change their name to the DiubOities Advisory Committee. They want the Council to take a good look at their charge to determine how we might be better able to use that I told them that as soon as new Council members become settled in jobs we will be evaluating the roles of all the Council’s advisory committees. I said we would let them know as soon as the Council starts that process so the committees can have input. Also on Thursday I took part in an informal discussion on planning for more livable neighborhoods vrith representatives from the McKnight Foundation. Cowles Media. Minneapolis and St Paul We discussed the preparation of a worldx)ok th«t would help individual neighborhoods revitalize, renovate and become conscious of good urban design. The workbook would also help neighborhoods undentand the political and bureaucratic process they have to go through in revitalizing themselves. 'The goal is to end up with nffighhQfhnnd* in center cities and elsewhere that are better designed, more pleming and more usable. The project relates to the Council’s development and investment framework and to transportation infrastructure issues. March 26 Chair Anderson to speak about the Council at a luncheon meeting jointly held by Association of Metropolitan Municipalities. Citizens League and Council of Metropolitan Area Leagues of Women Voters. Noon*2 p.m. 183 University Av. E., St. Paul April 9 Public meeting on draft environmental impact statmnt for proposed Mitmesota Industrial Containment Facility. 7 p.m. Rose mount High School Student Center, 3335 142nd St. W.. Rosemount Caswell. Kebey. f. 5 i hrSi-. I IT II k Lr‘i I "'I'F r-''r ^ly tv> |A- iif’I ir- y." . * ■ *1-V;'"' Kr'In. H, .. t o o ^ ,\: ^ ^ /• A • > ■ ' A , > .'<►1 >1*ESBO^^ CITYof ORONO talOfflceBoiM Cmi^ Bv'. .XliMNnli 5S323 March 29, 1991 Charles Kelley 2720 White Oak Circle Lon9 Lake* MN 565356 THIS LETTER WAS SENT TO ALL PLANNING COMMISSION MEMBERS. Subject: Planning Commission Attendance Dear Mi..^^Iley, As you are each aware« there was not a quorum at the Planning Connission meeting on Monday^ March 18# 1991. I appreciate the attendance by those who were there# but I cannot stress enough the need to make sure these dates are available on your calendars. I realize there are times when it is impossible to make a meeting and I know that some of those absent had indicated so to the staff beforehand. If you are unable to attend a meeting# pl«as« notify the staff at the earliest time possible so that the City will have the opporutinity to contact all parties involved if a majority of members will not be available. On a more personal note# I would like to thank each of you for the time and effort put forth in making your Highway 12 tftconinttndation# As you probably fcnow by now# the Council unanimously supported your recommendation and expressed their thanks a.: our Council meeting on Monday. Special thanks to Charlie and Maureen for their leadership and guidance when addressing this issue. On behalf of the Council# thank you for your commitment to our City. We look forward to working with you in the next few years. Thanks again. Best regards# Barbara A. Peterson Mayor ee: City Council m jFHOf«-47J.r «GlX-4rM9M r=- I I r' m^-It & t 2* -I BULLETIN me._ munic V March 22, 1991 TO:AMM Naabar Cltiaa Vam Patarson, Exacutiva Director Roger Paterson, Director of Legislative Affairs MES ANNUAL MEETING - MAY BOTH., NOMINATING COMNICTEE ETC. 1. 1991 AMM ANNUAL MEETING - THURSDAY, MAY 30, 1991 ••• The 1991 AMM Annual Meeting has bean s*’t for Thursday evening. May 30, 1991. Many of the specific details have not been settled as yet but it will follow the usual fomat with a reception social hour starting at about 5:30 P.M. with a dinner and business ■eating to follow. Tentative plans are to also have an afternoon voricshop prac^ding thm social hour dealing with the concept of Alternative Dispute Resolution (ADR). The AMM Dispute Resolution Conittee under the leadership of co-chairs Jin Prosser and Roger Villians is planning this exciting workshop. A s^ific m—ti^ notice containing all the details will be nailed in early May but no vould urge you to nark your calendars now for Thursday, Nay 30th. 2. NOMXMATIOIIS FOR BOARD AND OFFICER POSITIONS SOLICITED: A Stf nanber Noninating Connittee, as required by the by-laws, was appointed by the board on March 7th. Menbers are Walt Fehst, Chair, Robbinsdale Manager: Bill Buth, Cottage Grove Councilnenber; Joan Canpbell, Minneapolis Couneilnenber; JoAnne Grew, Arden Hills Councilnenber: Mark Nagel, Anoka Manager; Dave Unnacht, Prior Lake Manager and Ken Wolf, Burnsville Councilnenber. The Offices of President, Vice President and eight directors are up for election. Your help is needed in putting forth strong candidates for these positions. If you know a city official you weiild like to see considered for nonination, please forward his or lioy nans and a brief resune to the AMM Office by no later than April 19th. 183 unK/efsity avenue east, eqaaul, minnesota 55101 (612) 227-4008 s.;' r/- }:■ f. h.- e- 3. responsibilities of the board of DIRECTORS; Th« Board of Diractors is rasponsible for the overall managewtnt Md administration of the AKM staffIts responsibilities through the Executive Director. The Board is also responsibile for the Annual Budget and '*®*‘*f. aoooints*^mber» of the Legislative Policy committees and establishes priorities on an annual basis. The Board normally meets^once a month on the 1st. Thursday evening of each month rfiMmanrlnn at 7:00 P.M. Please contact Vem Peterson in the A^ Office should you desire more information with respect to Board activities and responsibilities. SYNOPSIS OF MARCH 7TH. ANN BOARD MEETING; AMM position ON IMC BO.^D The League of Minnesota Cities Strategic fo^ittee may ^commeS that the AMM President be removed as a voting me^er froB^e IMC Board of Directors, the AMM Board learned at its March 7, 1991, meeting. During the Board discussion, the following points were made about why AMM should retain its voting status on the League Board. Membership in AMM requires LMC membership. Coalition membership amm does not take positions contrary to the Imague, AMM deals with metro concerns which are not dealt witn oy cne ^/innses office space from the Imague help fHX up space when the new building was built. Andanon uld sh* would luop tho MW Boord Infomod of tho sentiment of the Strategic Planning Committee. IMGXSLAinVB UPDATE Vem Peterson and Roger Peterson reported on the status 9^ portions of the governor's tax proposal. They also noted ttJiSSl mS SlmughSut the metro area on the governor's proposed property tax changes -2- e- I’ I rh p Is JtoamT P«t«rson r«vi«w«d HI 412 (Pugh, DFL-South St. Paul), which Mouir* P«opl« iMtalling fu.l bum.r, (furnacs, .tov.. •tc ) in th* aatro araa to ba licanaad by St. Paul or Minnaapolis. SoaJd votod to OPPOM HF 412/SF 378 as an unnacassary i«5rlSSanant on local^trol, an additional anforcanant mandate funding, and aa providing a quaationabla solution for an as yot non-axistant problem. OOMMITTEB REPORTS metro APPOnroCMTS RZVXEff: no comlttoo chalrod by Gloria visrling is gevomor'B neainating eo™^**** P”'*?“th2‘’a5S* tni council of DooDla to soaaK to mambars of the AKM, the council or Matrooolitan^Araa Laayjas of Woman Voters and the citizens League. The committoa has decided to first work on the nominating process. RIVEHOBSi The cowDittss chaired by Craig Rapp, discussed currant tax Branosals Dlus alternatives. It was cautious about over reacting to the governor's budget proposal, but •“99J*t«dvork continue t^ AVfiiora r«v«nu« eourca* to countor potontial loaa of S/SSb *S!SI! K dirsctsd A«M staff to «intain . with other interested groups and report to the Revenues committee as warranted. hetropolztmc agehczes: Tbs eenittso ohairsd by Bill Barnhart »st with via y_irepolitan Mast# control Conission to bagin axanining tha * MBArstion and funding. Three more meetings are scheduled to discuss the MWCC budget, mandates under which it must operate and SiS^SortSnities thSt iould be available if the AMH were to offer oversight to the NWCC. DOBS OO e: i •.tirg oomkzttee establzsbed The ARM Board approved the creation of a Dues study Committee to exami"^ the structure of AMM dues and how to phase in new population numbers from the 1991 census. The Board also approved the naming of a Nominations committee. BmniAL mbetimg The AMM Annual Meeting will t Heritage Center in BrooKly?> farm). lay 30, 1991, at the Earle Brown ;er (formerly the Earle Brovm -3- COMPUTER/PROPERTY TAX MODELING CONTRACT WITH MINNEAPOLIS Roger Peterson explained the conputer runs regarding projected property tax increases if the governor's proposal were to be passed as presented. Staff said that the AMM has had excellent reception to these runs from legislators and member city officials. The Board approved the 'memorandum of understanding' pertaining to providing the AJ^M with continued access to the Minneapolis Computer Property Tax model which had been negotiated between President Bakken, AMM Staff and the City Council of Minneapolis. PERSONNEL FILE The Board took the following action regarding personnel: * Appointed Ken Mahle, Woodbury Mayor, to fill AMM Board vacancy created by Sharon Klumpp's resignation. * Nominated LeAnn Sargent, Maple Grove Council, to fill the TA3 vacancy created by the death of Barbara Savanick. * Authorized staff to seek a replacement on the RIB Local Officials Advisory Board from the southern metro area. 4. TAX PROPOSAL UPDATE: You, the local city officials have been successful in getting the adminisration's attention. Your discussions with legislators, the ■ media, and citizens have well defined publically the possible property tax conseguences of the initial Carlson tax proposal. A major element of that proposal, the restructuring of the classification system, appears to be in the process of being scaled back considerably. However, there is still on the table, the total cut in HACA and Disparity Aid and deep cuts m LGA. This part of the proposal has a very diverse effect on cities in the metro area. A few cities do not receive any LGA and little or no HACA. There is no impact on them. Some cities receive as high as 65% plus of their total revenue in one or more forms of aid. The impact on these cities is extreme. The average affect of the aid cut proposal is about 30% of total revenues for metro area cities. To calculate the impact in your city, add HACA, Disparity Aid and 40% of your LGA together (this is the approximate proposed cut) and subtract this from your current revenue base which is all aid plus levy. This is he amount left for service expenditures if no levy back is initiated or authorized. We have been critized by the Governor and some news media for using scar'* tactics in releasing results of full levy back for the cuts. On the other hand, the proposers have shown property tax -4- results if there is zero levy back and application of circuit breaker (now renamed Income Sensitive Homestead Credit). Although, this does indicate much less property tax change, it does not consider what services are diminished or lost. Therefore, the AMM over the next two weeks is going to t^ to demonstrate what typically might happen to essential public services if the cuts were made as proposed without levy increases. You are encouraged to estimate your cities specific loss and as appropriate inform your residents, your legislators, the news media, and the administration what service impacts might be expected. For some, this could be a chilling experience. The AMM will continue to monitor events as they unfold and ^^®eP you informed to the best of our ability as to the proposals on the table and their impact upon your city. DISTRIBUTION NOTE: This Bulletin has been mailed to all Mayors, Leaislative Contacts and Managers and Administrators. We would ask the Managers/Administrators to distribute copies to your city councilmembers as well. Thank you. »;• -5- ,'f, ■ i Hit ■J- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA Regular Meeting, 7:30 p.m., Wednesday, March 27, 1991 Tonka Bay City Hall 4901 Manitou Road (County Road 19) Call to Order loll Call laadiog of Mlnuteai 2/27/91 Foblic Ota ~ from persons in attendance not on agenda ClMlr laport. Vice Chair Foster for Chair Cochran % • A. tca*out projections for 1991 B. Additional announcements Cl—tttaa Baporta A. HATBI 8TB0CTUIBS, Chair Grathwol 1. 2. Minutes for approval, meeting of 3/9/91 public hearing report on variance application to establish teaporary loo-water dock-use-area, as recoassended 3.Place, recosmiendation to secure owner-operator within two years or lose grandfathered status, amended to have staff discuss adding aaenities over time to retain 1:10' density 4.Multiple dock licease. 1991 reaawale, recoaaending approval with orders, stipulations, teaporary low water variances and other considerations per staff report of 3/8/91, (a) with added stipulation to Sandy Beach Place; and <b) adding Metbodisc Lakeside recomsMnded by cosaiitcee 2/9/91 subject to water depth readings 5. application, reci setback and rec( fetch hardship rs Association public hearing report on variance jndation to allow a variance from the double side nding a ainor dock configuration change due to wind Daiciag regttlatloa eaforceaenc during late season periodic thaw recoa* mending fencing to be replaced and/or suitable thin-lce markings and bright color surveyor's tape be placed between signs to warn of thin ice; staff to determine deposit refund eligibility based upon inspec­ tion requlresmnts during period of operation 7.Hcehagict Lakeside's District Mooring Area and teaporary low water variance application recoms«nded by cosssittee 2/9/91 subject to receipt of site plan for tewporary low water variance t. OtiMr business recouainded by the committee . ..J LAKE MINNETONKA CONSERVATION DISTRICT h ) U r" X Si. Si: ^)y ■fe. r?"i^- -t' I' I”' li ■;i.' ¥.‘T :-v Im. ?|S‘ Si:l wt' w|r m. . LMCD Board Agenda 3-27*91 B. LAKE USE, Vice Chair Foster for Chair Plllsbury 2. 1. 2. 3. 4. 5. Minutes for approval, meeting of 3/18/91 Ealsted/Prlest Bay Channel buoy adjustment, recommending no change in channel buoy placement and no addition of Slow buoy, with stipu* lation that Water Patrol and County Lake Improvement personnel observe watercraft operation in the area Don Shelby O.S. Invitational Bass Toumaaent new Special Event applica­ tion for September 20-22, 1991, recommendation for approval to include stipulations for speed enforcement, thorough inspection for lake weeds upon boat removal from lake, and sponsor-submission of fish census data to DNR, copy to LMCO in B.A.S.S* State Federation new Special Event application for September 5-7, 1991, recommendation for approval to Include stipulations for speed enforcement, thorough inspection for lake weeds upon boat removal from lake, and sponsor-submission of fish census data to DNR, copy to LMCD Fund raising envelope enclosure in SuHsr Rules recommended for Eur­ asian water milfoil only, and recommendation to award printing to quali­ fied bidder 6. Hater Patrol report 7. Additional business recommended by the committee C. IHVHOIttFMT, Chair Reese 1. Bill for an Act to provide funding for control of exotic weeds, antici paring an amended bill by Representatives Abrams and Smith to meet priorities recommended by MN DNR and LMCD Milfoil Task Force (draft to follow) 2. Additional business ruconsnended by the comsittee D. ADVlSOtT, Chair Rascop 1. Report on Long-Term Management Program meetings, exchanges with LMCD cities a. b. c. All-city meeting March 6 and conclusions Metropolitan Council facilitator exchanges with cities and sub sequent recommendations to date MN DNR position and progress on Shorelamd Cramt Agiaamamt (continued) r LAKE MINNETONKA CONSERVATION DISTRICT LMCD Board Agenda 3*27-91 3. d.Tiae projection for completing Long-Term Management Program within 90 day extenaion provided to Met Council, due to expire May 4, and consideration to authorize LMCD Chair to extend Het Council review period an additional 90 days if review progress with cities, agencies, and Met Council requires more time Consultant Amdorfer overview on direction of Long-Term Management Program resulting from current review process f. Additional business recommended by the board B. riMAKIAL IBFOKTS. Treasurer Boswinkel 1. Statement of Cash Transactions, month ending 2/28/91 2. Audit of Vouchers for Payment 3* mCD annual audit progress P.rriVB DlBBCTOl, Strommen I. Perfonsance evaluation of LMCD staff 2. Administrative progress G. omens UPOtT, personnel review, vice Chair Foster 1. Performance evaluation of executive director 2. Compensation adjustiscnt recommendations for part and full time staff for fiscal year 1991, effective 1/1/91 Oefimlehed Bmalmeas lew ■meimesa 3-21-fl '&■ :r ■'r- ’I -t 'I ;? ■t' LAKS MINNETONKA CONSERVATION DISTRICT Board of Directors Regular Meeting, Wednesday, February 27, 1991 Tonka Bay City Nail 1. Call to Order. The meeting was called to order oy Vice Chair Foster at 8:07 p.m. 2. Boll Call. Meabers Present: Bert Foster, Vice Chair. Oeephaven; James Grathwol, Excelsior; Robert Pillsbury, Minnetonka: Jan Boswinkel, Treasurer, Minnetonka Beach: Scott Carlson, Minnetrista; Thomas Beese, Mound; Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park: Marvin Bjorlin, Tonka Bay; David Bartos, Victoria; Robert Slocum, Woodland. Also Present: Charles LeFevere, Counsel; Sgt. Wm. Chandler, Sheriff’s Water Patrol; Rachel Thibault, Administrative Technician: Eugene Strommen, Executive Director. Meabera Absent: David Cochran. Chair, Greenwood: JoEllen Hurr, Orono; Thomas Martinson, Wayzata. 3. of Minutes: Grathwol moved, Bjorlin seconded, approval of the minutes of 1/23/91 as submitted. Motion carried, Rascop abstaining. 4. Public Comments; Jeff Fox, 5270 Howards Point Road. Excelsior, asked to be heard regarding the definition of 3’ of navigable •fster for temporary dock extensions. He was informed he will be given an opportunity to speak under agenda item B.4). 6. Vice Chair Report, Foster B.A. "Save the Lake" Annual Recognition Dinner, February 21 Foster reported 73 people attended the Save the Lake dinner and comments were positive. It was an honor to have '-.ew DNR Commissioner Rodney Sando, as the main speaker. S.B. Committee Assignments Rascop moved, Boswinkel 1991 committee assignments: Lmke Use Committee Robert Pillsbury, Chair Bert foster. Vice Chair Douglas Babcock Harvin Bjorlin Boett Carlson James Grathwol JoBllen Hurr Tom Martinson Robert Rascop Tom Reese I- seconded, approval of the following Hater Structures 4 Environment Committee James Grathwol, Chair Douglas Babcock, Vice Chair David Bartos Marvin Bjorlin Jan Boswinkel Scott Carlson Bert Foster JoEllen Hurr Tom Martinson Robert Pillsbury Robert Rascop Tom Reese Robert Slocum > 1 LMCD Board of Directors February 27. 1991 r- Advisory Coounittee Robert Rascop. Chair Douglas Babcock Jan Boswinkel Bert Foster James Grathwol JoEllen Hurr Tom Reese Save The Lake Fund Campaign Robert Pillsbury, Chair Robert Slocum. Vice Chair Jan Boswinkel Tom Martinson Tom Reese Buraaian Hater Milfoil Task Force Tom Reese, Chair Bert Foster. Vice Chair David Bartos Marvin BJorlin Douglas Babcock JoEllen Hurr Robert Rascop Robert Slocum Member. All Committees: LMCD Chair David Cochran Ex-Officio: Executive Director Gene Strommen Motion carried unanimously. 6. Committee Reports 6.A. EURASIAN HATER MILFOIL (EHM) TASK FORCE. Chair Ree a 6.A.1) Bid - Barging/trucL.ag Contract Reese moved, Foster seconded, apht^>val of the bid of Minnetonka Portable Dredging on the bargi^'ig/trucking contract for the 1991 weed control program, subject to approval of the 1991 EHM harvesting budget, at $285/hr based upon a proposed work profrADi datailad in the contract agreement, estimating 50 • 0 hoar days in the budget. Motion carried unanimously. 6.A.2. 1991 EHM Harvesting Budget Reese submitted a 1991 EHM budget proposal in the amount of 9263.315. to operate the program for ten weeks proposing to start June 10. The budgeted expenses are proposed to be offset by inooBM from the LMCD municipalities. MN DNR, private contributions and drawing the balance of needed funds from the uneonmitted Milfoil Reserve balance. Information from Hennepin County CoMsissioner Tad Jude is that Hennepin County will not provide any funds this year. It is also noted that private oontributions are approximately 1/3 the goal of 175,000 at ^imo. Reese said if the funding goal is not met, the season **ill kavo to be curtailed. Responding to a question from Babcock, Rmeee said the Corps of Engineering funds probably will not be forthcoming, and none is figured in the 1991 budget. - continued LMCD Board of Directors February 27, 1991 p Lv Reese moved, Gra:hwol seconded, approval of the 1991 EWH budget as submitted. Babcock suggested a cap be put on the a,mount to be expended from the Milfoil Reserve balance, at which time continuation of pi^ogram would have to be re-evaluated. Reese said there would be enough funds to carry the program to the middle of summer without using the reserve. Babcock moved, Foster seconded, to amend the motion by stipulating the prog* am is to bo reviewed before using any of the reserve. Motion carried unanimously. The motion as amended was carried unanimously. Boswinkel commented that the weed harvesting program is the only thing that is making the Lake navigable. He suggested newspaper advertisements to advise the public of the need for funding. g.A.4) Concept of Lakeshore Heed Pickup Reese proposed a program to accept weeds from private individuals at the weed harvesting receiving barge. It offers <^he opportunity for someone to develop a business of collecting weeds from private beaches. There is also the possibility of aooepting weeds from private cutters. Babcock commented that ^hls has proven successful in Madison. Wisconsin. Foster enggested accepting weeds from the beaches at no charge. However, if a commercial cutter is using the barge it will bo necessary to reserve the right to measure the flow and make a oharge. . ^ ^Qrathwol moved. Rascop seconded, approval of the concept Inkeshore weed pickup for disposal on the LMCD barge, subject final Board”approved agreement between participants - LMCD, barge contractor and private operators. Motion carried unanimously. of to 6.A.3) Project Manager Position Rwese introduced Ted Maro as the candidate for the Project Manager's position. Maro expressed his interest in the Lake and considers the position a challenge. Reese moved. Carlson seconded, approval of Ted Maro as Project Manager under the terms of employment between Maro and the LMCD. Motion carried unanimously. Position responsibilities trill start March 1. • .A. 6) Bill for An Act Be: Funding for Exotic Plants. Orgnniasui The EWM Task Force has reviewed A Bill for An Act prepared hy Representative Tony Kinkel. The bill suggests a S2.00 surcharge be placed on each watercraft licensed, the funds to be for management of exotic plants and organisms, particularly Eurasian Hater Milfoil and Zebra Mussel. The Task Force has made - continued hr i- ir LMCD Board of Directors February 27, 1991 some suggested changes in the proposal and wishes to send them back to Kinkel. Grathwol said he could approve the concept if the EWM Task Force were to deal with the bill’s author on suggested changes, but not representing the LMCD at committee or legislative hearings without advance Board approval. Foster moved, Babcock seconded, to approve the concept of a surcharge to be placed on watercraft licensed, the funds to be used for management of exotic plants and organisms, the EWM Task Force and Chair to work out the details with the bill’s author. Motion carried unanimously. B. MATER STRUCTURES, Chair Grathwol B.l) Minutes Grathwol moved, Pillsbury seconded, approval of the minutes of the 2/9/9i meeting as submitted. Motion carried unanimously. B.2) Order for David Thomas Development, Bayshore II Grathwol moved, Pillsbury seconded, approval of the Findings and Order for the David Thomas Development. Bayshore II Homeowners Association, Inc. as prepared by LeFevere. Motion carried unanimously. B.3) Resolution for Residential Temporary Dock Extensions Vitbout a Permit. The Board received a Resolution for Residential Temporary Dock Extensions. The proposed Resolution allows the LMCD Board of Directors to waive applications for temporary dock extensions at residential docks under certain guidelines, adding the following paragraph to the current Resolution- During the low water period the LMCD encourages residents of two or more adjoining sites to combine their authorized dock use area for a a^ngla common dock, for their respective non~commercial private use. The side setback requirements must be maintained at the outer site lines of the combined sites. No more than 4 restricted watercraft may be stored at such a dock. In response to an inquiry from Slocum about the 4 boat Ximitation. it was noted anything more than 4 boats requires a multiple dock license. Staff was advised to add without a multiple dock license.“ at the end of the last sentence of the new paragraph 2. Boswinkel asked about how far out a dock can be built. He was informed there is no limit, subject to Water Petrol determination that there is no interference with navigation. Jeff Fox, 5270 Howards Point Road, Excelsior, objected to the provision of l.a. which allows extensions necessary to meet the normal navigable water depth of 3’. He sees a greater need for depth for larger boats. Grathwol assured Fox the c< mittee will recognize that problem. - continued tili- LMCD Board of Directors February 27, 1991 Grathwol moved. Pilisbury seconded, approval of the Resolution Residential Temporary Dock Extensions Without a Permit Application as amended, staff to insert the data regarding the current water elevation. B.4) 1991 Hultiple Dock and District Mooring Area License Umnwmml Applications Qrathwol moved, Bjorlin seconded, approval of the following dock and District Mooring Area license renewals for 1991, including Orders, Stipulations, other specific conditions, Village certificates having been received or time expired for responses: A. Renewals Without Change B Bayshore Manor Condominium Assn.. Excelsior Bay Cardinal Cove Beach Assn., Cooks Bay Crystal Bay Service, Crystal Bay Curly’s Minnetonka Marina, Inc., Lower Lake South Driftwood Shores Assn., Harrisons Bay Gray's Landing Homeowners Assn., Grays Bay Harrison Harbor Twinhome Assn., Harrisons Bay Hennepin County, Spring Park Bay Howard’s Point Marina, Inc., South Upper Lake Lakeshore Village Apts., Black Lake Lord Fletchers of the Lake, Coffee Cove Maple Crest Estates, Jennings Bay Meadowbrook Boat Club, Grays and Libbs Lake Minnetonka Beach. City of. East Crystal Bay. Lafayette Bay and Lower Lake North Navarre Cove Homeowners Assn., Carmans Bay Nesland, Richard, Waysata Bay Ridgewood Cover Property Owners Assn., Jennings Bay Sohaitt Marina, Excelsior Bay Seahorse Condo Assoc., Jennings Bay Seton Twinhomes. Seton Lake Seton View, Seton Lake Seton Village Assn., West Arm Tonka Bay, City of. Lower Lake South Victoria Estates. North Arm Walden Tract X Owners As.sn. , St. Louis Bay Halter’s Port Improvement and Maintenance Assn., Carmans Bay Waysata, City of, Waysata Bay Willow Woods Corp.. Gideons Bay Renewals With Minor Changes Grandview Point Assn., Carsons Bay Back license 1990 from: 5 BSU, 9 WSU to: 6 BSU. 11.5 WSU Renewal for 1991: 8 BSU. 11.5 WSU Rossberg, A. F.. South Upper Lake (Formerly Adeline Johnston) New Owner drilkyiMi '.V ^i■ t 'y lifCD Board of Directors February 27, 1991 Louis C. Hultiple Dock Licenses Renewals Without Change With Teaporary Low Water Variance Renewals - No Change Chimo Assn., Carson Bay - 50' extension, total length 147’ Herzog Acres Assn., Wayzata Bay - 22’ extension, total length 110' Libbs Bay Boat Club, Libbs Lake - 12' extension, total length 147' Minnetonka Yacht Club/Lake Mtka Sailing School, St. - 40’ extension, total length 76’ Site 1 - 10’ extension, total length 10’ Site 3 0. Teaporary Low Water Variance With Changes Baycliffe Property Owners Assn., South Upper Lake — Haw Dock Layout ~ In 1990 a 35’ long dock with 11 slips raplaced 11 unused lagoon slips. In 1991, 2 slips will be on a 24’ long dock on the opposite side or the lagoon. Boulder Bridge Homeowners Assn., South Upper LaKe - Increase from 124’ to 144’ Qideons Point Homeowners Assn., Gideons Bay “ Decrease from 180’ to 160' Minnetonka Power Squadron, Big Island Passage - Hew Site Plan - Instead of 10 - 96’ docxs they will have 3 “176’, 2 ~ 150’ and 1 ~ 125 Smithtown Bay Assn., Smithtowr Bay “ Decrease from 198’to 160 . . j u With the stipulation that a slip on the extended dock will be used in lieu of Slip 3 in the channel, which is to be roped off. The following District Mooring Area renewal City of Deephaven City of Excelsior Minnetonka Yacht Club Motion carried unanimously. applications B.S)sleration of Low Water Qrathwol moved. Rascop seconded, that the Board declare 1991 a low water year. Motion carried unanimously. Current water aXevation was noted to be 926.65’ 1. •) Befumd Ol^A'thwol moved, Reese »econded,to approve a 9100 refund to William Schrittcr on a permanent dock aatisfactorily completed. Motion carried unanimously. deposit license 6 UiCD Board of Directors February 27, 1991 B.7. Wetland Subcoaaittee Qrathwol moved, Foster seconded, to approve the appointment of Babcock, Reese, Carlson and Rascop to a Water Structures Committee sub“committee to study wetlands on Lake Minnetonka. Motion carried unanimously. B.8) Oeicintf Permit - City of Greenwood Grathwol moved, Bjorlin seconded, approval of a new deicing permit for the City of Greenwood, subject to iw'eipt zf the fees and pending City Council approval at the Greenwood Council Hi««ting of 3/5/91. Motion carried unanimously. Rascop stated his vote was reluctant because he does not like new deicing permits. Re<iueat from City of Greenwood re Appeal Dredging Permit Renewal for Channel Drive UOA of NN DNR LMCD staff submitted a proposed statement in support of the City of Greenwood's efforts to protect certain wetlands in a Qlimnnel on the east side of 3t. Alban's Bay. Paul Haik, Attorney representing the Channel Drive Homeowners Association, said the HH DMR has approved a dredging permit, and renewal extension, to dredge to 924.4. LeFevere added that the property plat dedicated a proposed lagoon to the City in 1914. No development has occurred with the lagoon. Grathwol said the Committee has not reviewed the plan in detail as it does not involve an LMCD multiple dock application. He believes the LMCD comment period on the original dredging permit issued in April, 1909, has Pill0bury moved, Babcock seconded, to refer the City of Greenwood request to the Water Structures Committee. Motion carried unanimously. Staff will provide the committee with information as to the Greenwood wetland map and additional background for the 3/9/91 Committee meeting. Gayle's Marina Watercraft Storage A staff memo was circulated updating the Board on the legal action progress on the improper watercraft storage complaint filed against Gayle’s Marina per advice of prosecuting attorney Gbeve Tallen. No action was called for at this time. A Jury trial is set for 3/21/91. _ _ AmencteeBt Rascop agreed to amend the agenda to proceed to the Lake Use Committee Report to be followed by the Advisory C''Mmsittee Report. LMCD Board of Directors February 27, 1991 0.1. Minutes Pillsbury moved, Foster seconded, approval of the minutes of 2/25/91 as submitted. Motion carried unanimously. D.8. Water Patrol Report Chandler had no additions to the report in the Lake Use Committee minutes. The 1990 Hennepin County activity report is finished. Chandler will submit the 1990 Lake Minnetonka report at the next committee meeting. 0.2A. R^iquest for Slow Buoy at Coffee Channel Pill.sbury reported arrangements have been made upon Committee recommendation to have Denis Bailey, Engineering Technician. Hennepin County Lake Improvement, to honor the request of Jim Urban, Crystal Bay. by moving the red and green channel buoys on the East side of Coffee Channel out 75 to 100 B.2B. Resolution Re Fee for Adding a Port of Call Pillabury moved, Foster seconded, to adopt a Resolution to establish an application and public hearing fee of $150.00 when adding a Port of Cali to a liquor license application renewal. Motion carried unanimously. 0.3. OMR Bill for an Act Regarding Personal Watercraft The revised draft of the MN DNR Bill for an Act regarding p^yaonal watercraft has two serious problems according to the Committee review. The Bill includes a section which restricts personal watercraft operating within 150 feet of another watercraft, other than another personal watercraft, at no greater ^hoo a slow-no wake speed. The Committee feels this presents a serious hasard for the personal watercraft operator. The Committee would also urge inclusion of the prolonged operation restriction as is specified in the LMCD Code. Foster moved, Grathwol seconded, to authorize Sgt. Chandler and Foster to continue discussions with the MN DNR to encourage their revision of the bill as it conflicts with the LMCD Code in these two areas. Motion carried unanimously. 0.4. Resolution §59, Policy on Open Water Fishing Contest Pillsbury moved, Foster seconded, to delete the requirement in Resolution *59 that calls for a copy of the MN DNR permit along with the LMCD application for an open water fishing contest permit, and that the applicant be denied a refund of the deposit few if the MN DNR pereit is not obtained and presented to the LMCD prior toconducting the event. Motion carried unanimously. •!; ■ t fj.. 0 :• ' vl •L.- LMCD Board of Directors February 27, 1991 D.5. On-Sale Wine License Fee for a Prelioinary Investigation Pillsbury moved. Foster seconded, to add a Section 'e' to Resolution 54 Establishing Liquor License Fees for the Sale of Liquor on the Lake. The new section will set the preliminary investigation fee for an "on^sale" wine license at $500, with the sane provisions for refund of unused balance and over-cost recoup as for a liquor license. Motion carried unanimously. D.6. Hennepin County Sheriff's Water Patrol 1991 Operating Agreeaent Annual The Executive Director reported the Agreement was originally presented to the Board in September, 1990, forwarded to the Sheriff’s Office and then to the County Attorney. The final Agreement will not be automatically renewable, a policy decision of the County Board. The only other change has to do with a stipulation regarding indemnification of LMCD for the actions of Hennepin County Sheriff’s employees. Pillsbury moved, Foster seconded, approval of the Hennepin County Sheriff’s Water Patrol 1991 annual operating agreement as amended by the County Attorney. Motion carried unanimously. D.7. Deposit Refunds Pillsbury moved, Bjorlin seconded, approval of Special Event License deposit refunds of 9100 each to: a) Lafayette Club Winter Event 2/3/91 b) Excelsior Chamber of Commerce - canceled event 2/8/91 Motion carried unanimously. D.8. Water Patrol The Board conusended the Water Patrol and Conservation Officers for their arrangements for a successful fish house lake olean-up. Chandler reported the DNR Conservation Officers were exeeptionally persistent in policing and documenting litter violators. D.9. flnowobile Insurance Rascop mentioned a newspaper article he read regarding the newer model high powered snowmobiles. The article said insurance companies will not issue liability insurance on these snowmobiles because of their speeds which can exceedlOO mph. Rascop asked what is being done about enforcement of the speed limit on Lake Minnetonka and whether snowmobiles should have liability inaurance to operate on Lake Minnetonka. Chandler replied the Water Patrol is using radar. It has good cooperation with the shore police in locating speeders when they leave the Lake. Chandler said it would take action on the State level to require insurance. LeFevere said he will look into the subject. Carlson stated he does not believe it is reasonable to require insurance aa a condition to snowmobile on Lake Minnetonka. •'i LHCO Board of Directors February 27, 1991 Amanda Aaendnent was agreed to amend the agenda by considering item £ to be followed by the Advisory Committee Report. E. FINANCIAL BEPORTS, Treasurer Boswinkol 1) The Stateaent of Cash Transactions, month ending 1/31/91 was accepted and ordered filed. 2) Boswinkel moved, Babcock seconded. Approval of Vouchors for Payment in the amount of $16,132.00, Checks 6707 through 6749. Notion carried unanimously. C. ADVISORY, Foster for Chair Rascop C.l) r"** 2) Review Progress on Metropolitan Council Staff Report ■wil Rmport on Meetings and Exchanges with LHCD Cities An initial meeting with Metropolitan Council staff assigned to facilitate the difference in the Long Term Management Plan was held February 5. About a week later LMCD was advised a different (baff person was assigned. Jim Uttley, Senior Planner, was confirmed February 19. Uttley noted ha would require about two weeks to update himself on the Plan background and analyse the Metropolitan Council staff report of January 22. There was a meeting February 22 with the 9 Mayors of dissenting cities, and another meeting of all 14 cities is HQheduled for March 6, 7.00 p.m. at the Waysata ^Lity Council Chambers. The March 6 meeting may make it possible for the o^ties to rescind their resolutions objecting to certain segments of the Plan. Foster urged the Board members to read Babcock s response to Spring Park in regard to Appendix C. .,, u The Executive Director noted the March 6 meeting will be the first meeting since the Plan was adopted in October with fourteen cities to share their concerns and Management Plan positions among themselves. u j 4.4 —Boswinkel commented that he feels there is a hard time to a conclusion on the broad issues raised because they Xaok specifics. The Executive Director responded that the Metropolitan Council facilitator, Jim Uttley, will be a positive influence to identify the specific problems. He will work on the Plan's language and look for contradictions. His approach ***•“ also involve a broad look on what is needed to best manage Lake Minnetonka. * ^ .,4* ♦k.The Executive Director suggested a special meeting ot tne Board to discuss Management Plan issues resolution between now and the close of the 90 day extension period which expires May 4. Foster was hopeful the Mayors of the cities who have approved the Plan will attend the March 6 meeting, urging Directors to contact X\\mm in this regard. Babcock urged the Board members to address •peoifics to their City Councils. .'V • '* ■ ..ii r r'-- L i Ir LHCD Board of Directors February 27, 1991 C.3) MM DMR Response to Property Redevolopaent as it Relates to Shoreland Rules Adoption The Board received a memo from Chair Cochran for the lufojfjnation of the Board. The memo has not been distributed to the cities because the MN DNR discussed this subject at the 2/22/91 meeting. The DNR is checking on its authority and will 1)^ sending a letter to the LMCD. The Shoreland Agreement has been signed by six cities. C.4) MM DMR Shorelord Grant Agreement The Board received the amended MN DNR Shoreland Grant Agreement between the MN DNR. LMCD and fourteen cities as presented to the Board 12/22, and sent to the cities 12/29/90. The amended Agreement includes the addition of a Technical Review Committee, recommended at the joint City/DNR/LMCD Shoreland Rules meeting of 12/10/90. , ^ c* 4. #Rascop moved, Grathwol seconded, approval of the State ol Minnesota Department of Natural Resources Shoreland Grant Agreement as amended. . , . j .Grathwol said this Agreement should be referred to a committee. He said the LMCD abrogates its authority to the cities by establishing a Technical Review Committee. Rascop saxd the LMCD has an obligation at this time to adopt this Agreement. Six cities have signed the Agreement and appointed people to serve on the Technical Committee. Babcock stated the Spring Park Hnpor is questioning the Technical Review Committee, and the AgreesMnt has been referred to their attorney. Foster asked whether the Board is compelled to act on the Agreement at this time. The Executive Director responded that the MM DMR expects LMCD is in full support of the Agreement. Six oitiea have moved on the Agreement, and it is incumbent upon the Board to act on its acceptance. Any other action would be a contradiction to all the communications and progress on its development and acceptance by a number of cities, more expected to accept it. The motion carried. Grathwol and Pillsbury voting nay. C.5. Resolution Specifying the Procedure for Aneodi.ag the LMCD Long Term Management Program Foster suggesting taking a little more time to look at the ^ Rascop moved, Grathwol seconded, to table the discussion of procedures for amending the LMCD long term Management Program until after the Metropolitan Council period for review passes. Motion carried, Foster, Reese, Slocum and Babcock voting nay. It H' r‘: I-; h M%MrK LMCD Board of Directors February 27, 1991 F. EXECUTIVE DIRECTOR, Strommen 1) Performance Reviews Strommen reported he has had a preliminary discussion with Chair Cochran on the staff performance reviews, but that his performance review with the Executive Committee is still pending. There will be a report at the March Board meeting along with recoounended compensation adjustments. Strommen complimented the staff on their initiative and response to the priorities facing the District. 2) Office Equipment Boswinkel moved, Bjorlin seconded, approval of the purchase of a PitneyBowes postage meter for $650. , meter fees to be $29.per month. Motion carried unanimously. Strommen reported he and Bookkeeper Muriel Stewart are investigating a software system to handle the quarterly financial reports in house. Accountant Schibilla is advising staff on this plan. He supports it as practical for the size of the task. It ifill speed up the reports and result in some fee savings. Mansk, Thibault and Strommen have been taking computer courses to update their skills. 3) Solicitation Strommen distributed fund solicitation return reply envelope information planned for insertion in the summer rules brochure. It is aimed at the smaller contributor, and in particular the ieke user coming from outside the area. Distribution of eummir rules will be expanded well beyond the public boxes, lake communities and bait shops. A mailing to Xekeshore homes is being considered also to get the iKiuofition material in the hands of the frequent user, thousand copies are planned for distribution. the all lake Ten 7. Uafinisbed Business There was no unfinished business to bring before the Board. $. Nee Business Foster distributed a Resolution to be directed to the City regarding their decision about Cochran’s appointment. Foster moved, Rascop seconded, adoption of the following Resolution: Resolve that in recognition of Dave Cochran’s long experience and outstanding leadership in Lake Minnetonk* matters and his excellent leadership as chairman of the LMCD. the Board of the LMCD requests the City of Greenwood to reconsider Dave Cochran as its appointee to the LMCD for the term starting October 1991. Motion carried unanimously. $: UICD Board of Directors 9. Ad JoumMiit February 27, 1991 There being no further business to come before the meeting was adjourned at 10:00 p.m. the Board David Cochran, Chair Douglas Babcock, Secretary i: i LAKE HINNETUNKA CONSERVATION UISTKICT Action Report:Water Structures and Environment Committee Heetlng:Saturday, March 9, 1991, 7:30 a.m. Norwest Bank Wayzata, Community Meeting Room Meabers Present: Bert Foster, Deephaven; James Crathwol, Chnir, Excelsiori David Cochran, Greenwood; Robert Piilsbury, Minnetonka; Thomas Reese. Mound; Robert Rascop, Shorewood; Douglas Babcock, Vice Chair,Spring Park; Marvin Bjoriin, Tonka Bay, David Bartos, Victoria; Robert Slocum, Woodland. Also present: Charles LeFevere, Counsel; Iachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. The meeting was called to order by Grathwol at 7;30 a.m 1. Rowers Variance To Establish a Dock Use Area During Low Hater The Committee received the minutes and Findings of the Public Hearing hold by the Board on February 27, 199' to consider the re<}uest of Jeannie Bowers, 21600 Fairview Scz'eet, Greenwood to establish a Dock Use Area (DUA) during low water. A registered survey introduced by Bowers at this meeting dated March 5, 1991 shows the Bowers property has a 66’ width at the 929.4' OHWL lakeshore. Joan Moser, 21670 Fairview Street, said their lot is 60’ wide and the half section map seems to show less frontage on the Bowers property. Cochran said ho, along with the Executive Director, measured the property on the site and they estimated close to 66’. Tom Moser, 21670 Fairview Street. speaking for the neighbors. said all eight affected property owners are standing together against any variance. He said they cannot see why eight property owners hav3 to sacrifice property value to accommodate one. They suggest continued sharing of a common dock by Bowers and the neighbor to the south, C. G. Schrock. It was understood Dr. Schrock is willing to continue the shared dock arrangement. Gale Stead, 21600 Fairview Street, Ms. Bowers’ husband, said have not had any communication from Dr. Schrock. Stead said they want to exercise their right to have their own dock. They will have one 21' boat on the dock. Schrock usually has two boats, a moored sailboat and additional sailboats at his dock. Stead said they have two acres of land, constituting a significant part of the neighborhood. , , w Several solutions were discussed. The Morris dock could be angled 10* to the north as the McCarthy dock is at the north edge of their property. Alternately all of the docks to the south could be moved in a southerly direction. Stead suggested other residents to the south share their dock space. It was pointed out that riparian means access to the water but does not infer the ri^t to a dock in all situations. Foster moved, Babcock seconded, to refer the Bowers request to staff to make a technical review of the facts to establish a solution or alternatives by working with the neighbors as a temporary low water variance. Motion carried. Walter Structures and Environment Committee March 9, 1991 The agenda was amended to consider Item 5 and Item 7 at the same time. 5. Proposed Ordinance Amendment 2.11 Conversion of Use (Chapman Place and Excelsior Bay Associates) 7. Discuss Policy for Adjustment of Dock Use Area LeFevere submitted a code amendment which he believes will solve the problems presented by the changes in ownership of the Excelsior Bay Associates (The Gablts) and control of the Chapman Place Marina (formerly Surfside). LeFevere's cover letter of March 4, 1991 explained that Excelsior Bay Associates was originally a commercial marina located at a townhouse development property. All dockage rights were owned by a corporation operated for profit and the homeowners association had no ownership or control of the corporation. In 19bd the homeowners association acquired ownership of the business corporation which owned the marina with the knowledge at the time of purchase that this was contrary to the license. The City of Excelsior ^ from the initial license application would not permit rental of the docks outside of the Homeowners Association. In fact, the docks hnyo never served the public and have operated as an outlet facility. Chapman Place, originally Surfside Marina, has been operated as a commercial marina. When Chapman Place Condominiums were developed, the docks were licensed and independently operated as a commercial marina to retain the grandfathered excess density (29 slips on 140’ of frontage). The dock rights were leased to 4IP owner'^operator. LMCD required that the docks remain available to the public and not limited to Chapman Place homeowners. In 1989 the owner/developer did not renew the lease. The homeowners association exercised an optiv n with the operator and purchased the docks. This change in ownership increased the association’s control over the marina operation. The association still leases the marina to an outside operator, but the operating contract is now more of a hands-on management agreement. fhe proposed code amendment redefines Commercial Marina and "Outlet Association" in terms of its operating characteristics rather than its ownership. The amendment imposes additional obligations and restrictions on commercial marinas and pjrivnte clubs which are owned or operated by a homeowners’ association. In addition there is a provision that in the event majority of slip spaces are leased to homeowners for two QQimwcvitive years, the Board may impose additional conditions. Reese said he is still looking for a provision that will require the licensee to begin providing amenities when a license ig issued. He envisions a time when, because of the spread potential of Zebra Mussel, boats will be quarantined to one lake. At that time there would be a tremendous growth in marinas on Lake Minnetonka. Reese said he would rather grandfather gg^gigior Bay Associates and Chapman Place to their present - continued ffatar Structures and Environment Committee March 9, 1991 density if, over time, they would provide amenities similar to commercial marinas. On the subject of Chapman Place, Reese believes the change in operating procedure is a conversion of use and he would recommend they either find an owner-operator for the docks or go back to 1 : 50' density. Grathwol sees requiring of future amenities for a current operation as government interference with a private operation. On the subject of Excelsior Bay Associates, Grathwol said he does not believe it is a conversion of use as there has been no change in its operation since its inception. Babcock would support the Ordinance as it establishes a definition on which to determine if a conversion of use exists. He believes it is important to prohibit transfer of slip rights when there is a change of ownership in an HOA. Foster asked the Committee to consider a scenario where a developer could buy a commercial marina, continuing the amenities. Subsequently the developer buys non-lakeshore property for a high density development and turns the docks over to a HOA. It is conceivable that by not advertising the docks as open to the public, the result would be loss of commercial dockage to the general public. Foster therefore opposes the 0‘;?^nance. responded that the Ordinance should not be adopted if the LMCD cannot police any requirement that slips be allocated on the basis that there is no discrimination between the HOA and general public. In his opinion, if in the case stated by Foster, the developer were told to go back to 1:50’ density, they would sue. He estimated a cost of $15,000 to $20,000 to defend the LMCD motion with a better than even chance of prevailing. In the Excelsior Bay Associates case he does not believe the odds of prevailing to be as good because the use has not changed, only the ownership of the stock. Qrathwol asked for a straw vote as to whether: a) The Committee wants to recommend adoption of the Ordinance b) Instruct Staff to re-classify Excelsior Bay Associates as an outlet Association c) Instruct Staff to inform Chapman Place they have a conversion of use. A show of hands indicated the Ordinance does not have the support of the Committee, there is support for allowing Excelsior Bay Associates to continue as they have been operating and to determine the Chapman Place change in operation constitutes a oonversion of use. Reese moved, Bjorlin seconded. that Chapman Place be instructed to get an owner-operator of the dock, set a time, two years, or go back to 1:50 density. . During the discussion Reese urged adding additional amenities to be administratively required. Qrathwol responded that grandfathered commercial marinas have no obligation to provide amenities. As the discussion progressed, Reese and Bjorlin agreed to withdraw their motion. ■ continued Water Structures and Environment Committee March 9, 1991 if I'v n. I i- Pi 'I: I. Babcock moved, Slocum seconded, to instruct Chapman Place to get an owner-operator within two years, by the start of the 1993 aea'^on, or lose their grandfathered status, the marina then reverting back to 1:50’ density per the code. Foster moved, Reese seconded, to amend the motion to direct Staff to discuss amenities to be added over time if Chapman Place is to retain their 1:10' density. Motion to amend and the motion carried. LeFevere noted that this amendment may require ail grandfathered marinas to address adding amenities. Jerry Rockvam, Rockvam Boat Works, responded that he sees many marinas violating their license. such as conducting unauthorir-.d dredging. He also sees howeowners renting docks in competition with marinas. Foster moved, Babcock seconded, that staff recommend a solution to the Excelsior Bay Associates license discrepancy, the Committee recognizing that Excelsior Bay Associate’s change of stock ownership was not sufficient to result in improper ownership and therefore the existing operation be allowed. Motion carried. . . lQra^hwol conunented that time is passing on the moratorium. The Committee has to have a rational set of recommendations by September. particularly a way to control the storage of boats around the lake. He said there is a need for a count of docks with more than three boats during June or July. The protection of wetlands will be part of the analysis. Grathwol said tinkering with the 1:50’ rule would be a mistake. The Dock Use Area plays a role in the boat density issue. LeFevere discussed the idea of extending lot lines into the Lake. Lot lines extended into the Lake provide a certainty to OUA's. While there are other means of defining dock use areas, such as lines perpendicular to the shore. LMCD has resolved most DUA disputes over the past 20 years. Opening DUA’s to a new system could re-open long"standing resolutions already in place. The occasional pie-shaped lot DUA conflict can be better resolved an individual case-by-case basis. An earlier summary of concerns by Frank Mixa dated 3/7/79 supported this rationale. Babcock moved, Pillsbury seconded, that the Staff attorney strengthen the conversion of use ordinance by protecting amenities and public access when ownership changes. Motion carried unanimously. 3. 1991 Multiple Dock License Renewals , .c Foster moved, Babcock seconded, to recommend approval of trie 1991 multiple dock license renewal applications with orders, stipulations, other considerations as detailed in the Staff report dated 3/8/91, noting to add a stipulation to Sandy Beach Place temporary extension that no boat parking will be allowed at their 8‘ extension and no larger watercraft stored at certificates have been received or time has expired for responses. Motion carried unanimously. on DUA and r t ■tL ■ Irtir f&^faf~ v-f T r - Hatar Structures and Enviroiunent ComiDitbee Harcli 9» 1991 2. The Harborage Side Setback Variance The Conmittee received the minutes of the Public Hearing held on February 27, 1991 to cona ier The Harborage variance^ for dock use area adjustment or for a setback variance. The Staff findings point to a side setback variance, which would have less effect on the neighbors. Foster moved. Reese seconded, to recommend approval ot a double aide setback variance on the northeast side of The Harborage dock due to wind fetch hardship, because it has less effect on the neighbors than a dock use area adjustment, to include minor change in dock configuration. Motion carried unanimously. 4, Channel Drive Homeowners Association (St. Albans Bay) Dredging The Executive Director explained the history of the Channel Drive Homeowners Association MN DNR permit to dredge a channel on ^he east side of St. Alban’s Bay. The City of Greenwood has jifhed the LMCD to support their petition to require the applicant to file a new dredging permit application to allow an analysis of the application relating to wetland objectives of the Management Plan. Paul Haik, Attorney representing the Channel Homeowners Association, could not attend this meeting and asked for a postponement to April. The Executive Director said his conversations with the MN DNR hydrologist find that the City of Greenwood is not likely to prevail in its attempt to J"® dredging permit time extension rescinded. Cochran commented that the Minnehaha Creek Watershed District is considering a moratorium on dredging. - o jThe Committee offered the services of the LMLD Board and to assist the applicant and City of Greenwood in resolving this issue. g, Hisoion Statement for the Wetland Subcor'sittee It was reported Thibault has been inventorying wetlands around Lake Minnetonka. It would be helpful if each Director lookad at aerial photos in the area he/sho has the most fmn^Xiarity. It is possible to enter the wetlands on the Univeraity of Minnesota GIS computer maps. The greatest difficulty is determining where the 929.4 OHWL is located as well as defining what comprises a wetland. 9. Update on Deicing Inspections Thibault has checked all deicing locations at least fell down on the north side, and they have turned the nearby bubbler off. Fluctuating temperatures has made it hard to keep - continued 'a'tar Structures aod Environment Committee March 9, 1991 I'^ i'. 4. I & he fences up. At the North Shore Drive Marina snowmobiles were knocking the fence down. They have placed reflectorized thin ice signs every 25' to mark off the deiced area. The same fencing problem exists at Shoreline Marina. Babcock moved, Pilisbury seconded, to direct the Staff to enforce LMCD deicing regulations, with fencing to be replaced and/or suitable markings and bright colored surveyor’s tape be placed between signs to indicate that the ice is thin. The Staff is to determine whether or not a licensee will be entitled to a deposit refund based upon inspection demands. Motion carried unanimously. 9. District Mooring Areas Review as They Relate to LMCD Policy The Committee received a list of LMCD District Mooring Area Licenses, the number of buoys, square footage of the DMA and distance from shore. Accompanying the list was a copy of the District Policy and Criteria for reviewing licenses. Qrathwol said this raises the question was to whether the existing policy should be continued or changed. There was no action at this time. 10. CoaBunication from the Public The Executive Director reported a letter from Duane Markus If^iysata, asking for LMCD enforcement of a land covenant between the Wayzata Yacht Club Site 2 and previous owners. The committee indicated this is not within LMCD authority. ENVIRONMENT 1. luraaian Mater Milfoil Task Force, Chair Reese l.A. Progress on Lakeshore Weed Pickup Program Development. Reese has met with the barge contractor. Bill Niccum. Minnetonka Portable Dredging, to review the contract •yrangemeuts. The proposed lakeshore weed pickup program will need wide publicity if it is to accomplish its purpose. Niccum will be cooperative in assisting this program. Niccum has a concern about liability, involved with lakeshore residents bringing weeds to the barge for off-load. The volume of public ymsponse will determine what insurance provisions and controls night be requir^^d in Niccum’s obs«icvation. l.B. Be le to Representative Kinkel’s Bill Reese s 1 he does not favor the bill regarding funding for control ;otic weeds because it does not address the scope of the problem. The Executive Director has spoke to Rep. Kinkel and was advised any amendments the LMCD wants to suggest be Representatives Steve Smith and Ron Abrams. The bill should be in committee at the legislature in about two weeks. (' iP' I A ■A- It' >:- ;l - :■'' iii Water Structures and Environment Committee March 9. 1991 l.C. Operations Progress Reese reported contacts are being made for candidates for field supervisor. Harvester operator candidates are also being invited. AdJoumsMnt There being no further business to bring before the Committee, the meeting was adjourned at 10:55 a.m. FOR THE COMMITTEE Eugene Strommen, Executive Director James Grathwol, Chair ,.. , 'Lv. ## f; Ekfi.I ,r- I1- % Ik i'. !-V •' ■<■ m & m l‘V l‘k h fkPIk -■■ ;•.■ . ■ ■r^ LAKE MINNETONKA CONSERVATION DISTRICT March 8, 1991 To* Dock Coaimittee From: Staff Subjaet: 1991 Multiple Dock License Renewals The following multiple dock licensees have submitted renewal applications for 1991 with orders, stipulations, etc. Village certificates have been received or time has expired for responses. A. RENEWALS WITHOUT CHANCE Minnetonka Portable Dredging, Gideons Bay B. RENEWALS WITH MINOR CHANGE Lord Fletchers Apartments, West Arm New Owner ‘ Fred N. Puzak Mack's on Minnetonka (Formerly PirzelJi's), Seton Lake New Name, New Owner ~ Bill McNamee C. RENEWALS WITHOUT CHANGE, WITH TEMPORARY EXTENSIONS RENEWED WITHOUT CHANCE FROM 1990 Al A Alma's Supper Club, Cooks Bay ^ Transient docks ~ 16 extension, total Charter boat dock - 24’extension, 74’ total Co<^hrane's Boatyards Inc. Excelsior Bay - 20' extension St. Albans Bay (no extension) City of Deephaven, Carsons Bay -24'extension, 164 total St. Louis Bay (no extension) City of Greenwood. St. Albans Bay - Site 1 •* •• " Site 2 Lower Lake South Site 3 60'extension , 147* (no extension) (no extension) total Lakewinds Association, . Spring Park Day - 98' extension, 198 total 0:» & I -rI?ifi I is if-" ^>- i-th LAKE MINNETONKA CONSERVATION DISTRICT Pag* 2 March 6, 1991 Muitipl* Dock License Renewals Ip' City of Mound, Priests, Cooks, West Upper Lake. Phelps, Black Lake, Emerald Lake, Seton Lake, Harrisons, Jennings & West Arm Bays (see letter) Rockvam Boatyards, Site 1 (new survey submitted) West Arm - main dock 85’ extension, 296’ total straight dock 76’extension , 245’ total (Site 2 is connected to this dock) Rockvam Boatyards, Site 2 (new survey submitted) West Arm - 76’ extension, 204’ total West Beach Apartments, Coffee Cove - 96’ extension, 176 total 0. RENEWALS WITHOUT CHANGE, WITH TEMPORARY EXTENSIONS CHANGED PROM 1990 Eagle Bluff Homeowners Assn., Halsted's Bay - 12' extension, 112’total with change in configuration - Slip 5 (16 w)would !)• moved to the east of the main dock due to shallow water on the west by Eagle Bluff Point Sandy Beach Place, West Arm - 40’ extension, 96* total (last year they extended without application) Woodend Shores Beach Association. West Upper Lake " 30’ extension, total 130 (last year’s extension was to 125 ) MON RENEWING, PAYING ADMINISTRATIVE FEE TO HOLD LICENSE Upper Lake Minnetonka Yacht Club, South Upper Lake % I i \j J *j iv)j i' \ k C Ml f rioAO iiMMiiii f !tf inr^-O f A ^r*^^'** I*. I •! I. • I »*•*• February 19» 1991 Ma. Rachel Thibault Minnetonka Conaervatlon District 900 East Waysata Blvd.» Suite 160 Waysata, MM 55391 SUBJt Tenporary Low Water Dock Extensions Dear Ms. Thibault: P« -iU .nfor„ .a •raquireaenta Hated by the LMCD. It you tav. .ny qu..tloM, pl.«. «n To. McCff.ry. Dock Inop.ctor or iqraelf. /v Fackler ^ark Director Jf*PJ ,nT».......... to. Wot.t V.tunc. Dock Extension Application ect Ton McCaffery 'I .5^ % LAKE MINNETONKA CONSERVATION DISTRICT Action Report:Lake Use Committee Meeting:Monday, March 18, 1991, 4:30 p.tn. Conununity Room, Norwest Bank Building Wayzata Meabera Present: Bert Foster, Vice Chair, Deephaven; James Grathwol, Excelsior; Thomas Reese, Mound; Scott Carlson, Minnetrista. Also Present: Deputy Cliff Schmidt, Sheriff’s Water Patrol; Richard Nelson, Minnesota B.A.S.S. State Federation; Bud Miller; Rachel Thibault. Administrative Technician; Eugene Strommen, Executive Director. The meeting was called to order by Vice Chair Foster at 4:35 p.m. 1. Request for Slow Buoys at Uaistead/Priest Bay Channel Thibault reported she has talked to Denis Bailey, Engineering Technician, Hennepin County Lake Improvement. He does not favor adding slow buoys near Eagle Bluff because of the high buoy and labor cost. Bailey suggests moving the channel buoys out further on the Halstead Bay side and monitoring the area in the summer. Reese and Carlson, both users of the channel, do not see a need for the change. Carlson said there is a need to watch watercraft speed within 150’ of the shore. Foster moved, Reese seconded, to leave the buoys from Halstead Bay to Priest's Bay where they have been and ask the Water Patrol and Bailey to observe the area this summer. Motion carried unanimously. 2. City of Waysata Letter Regarding Prohibiting Charter Boat Osage of D^ks. The Committee received a letter, dated 3/5/91, from the City of Waysata City Manager, Allan Orsen, indicating the consensus of the Waysata City Council is that the city should no longer issue permits to charter boats using the depot docks as a port of call. The letter stated that the city docks, including the Broadway docks, should not be listed as an authorized port of call on any LHCD charter boat application. The reason given is parking problems at the depot. The Executive Director distributed the draft of a letter to the City of Waysata offering LMCD assistance in exploring methods of solving the parking problem to avoid closing this access to the Lake for the use of the public. Qrathwol said he would like to see a copy of the Waysata Council minutes and how they arrived at their decision. Reese would like to see additional information on what days and tinea the parking problem existed. Foster questioned whether the City of Waysata dock license included the amenity of providing access to charter boats at their docks. - continued ir Lake Uee Committee March 18, 1991 ii The staff is to review the City of Wayzata dock license and obtain additional information from the City as to how they arrived at their decision. 3. Special Events 3.A. New Applications for Approval 1) Don Shelby O.S. Invitational Bass Tournament/Minnetonka Boat Works -Sponsor 9/20/91, 9/21/91, 9/22/91. Thibault reported there has been a one year lapse in this Special Event and therefore it is being considered as a new application. Foster commented that he believes there have been speed problems in the past. He would want assurance that piir^lcipanta are aware of the 40 mph speed limit. The Executive Director said the organizers have a contestants’ meeting prior to the tournament and Lake Minnetonka rules are explained at that Bud Miller said the boat operators are responsible for observing lake ordinances and to exercise good sportsmanship. The Don Shelby tournament will have people at every launching place to see that boats are cleaned of lake weeds upon leaving the Lake. Foster and Reese urged that wet wells, anchors and internal boat areas also be inspected. Participation is projected at 125 boats, 250 persons. Qrathwol said ho has an interest in receiving post- ^Qurnament information on the fish census and attendance. Miller said they comply with MN DNR rules in that respect. He said the catch and release program has a 90% plus success as bass handle stress well. Foster suggested withholding the deposit refund until that information is furnished, Foster moved, Reese seconded, to recommend approval of a Event Permit to the Don Shelby U.S. Invitational Bass Toumament, sponsored by Minnetonka Boat Works, to bo held 9/20 22/91. Motion carried unanimously. 3.A.2) Minnesota B.A.S.S. State 9/5/91, 9/6/91,9/7/91 Federation Fishing Richard Nelson, representing the BASS Federation, said their tournament is not for a money prise. It will attract about 90 boats. 100 persona. He said over the past year they have been working with the Minnesota Sports Fishing Congress and MW DNR on the catch and release program. They have a funding project before the LCMR to determine the post-release survival rate. A ^•rtain number of bass will be implanted with a radio sensor to determine where the fish move after release. A week before the tournament implanted fish will be released. During the tournament an additional 20 adult fish will be released to be tracked. In the spring of 1992 a second capture and release - continued Pr t ^ Lake Oae Committee March 18, 1991 tournament Hill be held and thoze fish will be tracked for six months. The study is set up to run at the same time as the tournament. The fish will have an external antennae. Information will be posted around the Lake to let the public know the fish are there and the procedures to follow in notifying of a catch. Nelson noted that there are not as many bass in the Lake as might be thought. The same fish are caught over and over again. Nelson will furnish the District with the names of the individuals running the tracking study. Copies of the study will be furnished to the LMCD. Nelson said the Federation is aware of the unique rules and regulations on Lake Minnetonka. As a result, the Federation adopted special rules for this tournament. Any competing boat in their tournament which is ticketed by the Water Patrol will be disqualified for that day. They are concerned about tying up accesses and will do everything possible to avoid it. Their nembers are aware of the problem of carrying milfoil to other lukes. The prob 2m will be discussed at the pre-tournament meeting. Foster talked about the mixed message that is being given regarding members of the angling community not being concerned about the Eurasian Water Milfoil proliferation. Foster stressed the LMCD’a desire that the lake be available to persons fishing as well as the boating public. Nelson said he has had conversations with a MN DNR fisheries manager who indicates there is no clear evidence that milfoil is harmful to fishing. At the •juse time they do not want it spread from lake to lake. It is the belief of persona studying the problem that its spread cannot be stopped. The fisheries people will not encourage its spread. Hiller said its spread could choke out fishing. That would not be an advantage to the fishing public, but it does create a fish habitat. Nelson commented on the funding problem experienced by the LMCD in its effort to harvest the weed. Nelson said that OUlprently half of the State boating fund allocated for exotics control is being spent on purple Loosestrife, which is not a water plant. Reese mentioned the proposed additional boat license fee for milfoil control. Miller said a bigger problem is ^lie spread of the Zebra Mussel. Miller also said the Power Squadron has indicated its support of the marking of milfoil fields by a V*oy. Foster moved, Reese seconded, to recommend approval of a Spwcial Event Permit for the Minnesota B.A.S.S. State Federation fishing tournament to bo held 9/5-7/91. Motion carried unanimously. 3.B. Special Event Renewals The Committee was informed that the following Special Event Permits have been renewed: o 1) Lower Lake Minnetonka Consolidated Race Schedule for Minnetonka, Shorowood and Waysata Yacht Clubs and Lake Minnetonka Sailing School. May 4 to October 26. - continued ’;'v Lake Use Committee March 18, 1991 2) 3) 4) 5) Minnetonka Crossinc windsurfing on sailboards 6/8/91 Minnetonka Bass Club fishing tournament 6/8/91 American Scholarship Foundation bass tournament 6/16/91 Mound Fireworks 6/23/91 4, Bid Uesults for 1991 Summer Uules Publication with the 'the Lake Fundraising Enclosure Gave The Executive Director reported that he has talked to three suppliers for the printing of the 1991 Summer Rules and the return mail envelope for Save the Lake fundraising. He has received one bid, two declines to bid. He is seeking an additional bid. It is a complicated printing process because of the five colors and special water-proof paper. The brochure will be available before the boating season starts. Reese objected to the check off options on the envelope solicitation flap. It is his feeling that offering options for the use of the contribution confuses the fund raising need. He requested the funding to be directed to the EWM program only. Reese moved, Carlson seconded, to recommend that the fund raising envelope enclosure in the Summer Rules brochure be for ^Ufasi^n Water Milfoil control only. Motion carried unanimously. 5. Progress Report Regarding MN DNR Personal Watercraft Bill for An Act Foster reported that legislative sponsors have been obtained for the Bill. He will follow its progress and will continue to recommend that the bill be amended to conform to the LMCD Code in ^he two areas of operating within 150’ of another watercraft and prolonged operation in the same area. 6. MM S Proposed Amendments to the Boat and Water Safety Rules Thibault said the proposed amendments regarding DUR boat and safety rules are generally for housekeeping and updating. Deputy Schmidt said the amendment deletes the term "yaflsctorized” when referring to registration numbers of watercraft. 7. MN DNR Proposed Adoption of Rules Governing Itestitution for Fish and Wildlife Illegally Killed, Injured or Possessed The proposed rules governing fish and wildlife restitution Yalues was received. It was noted these fees are in addition to fines and penalties. The Committee found the report an informative communication. 8. Water Patrol Report The Committee received a summary of the the 199h County Sheriff’s Water Patrol activity report prepared Wm. Chandler. - continued Hennepin by Sgt. Lake Use Conimittee March 18» 1991 I ■'i-- I i', S" ;y w Qrathwol noted less time and money being spent on Lake Minnetonka. It appears from the report that the same amount of patrol time is being spread over more lakes and water and the amount of time allocated to Lake Minnetonka diminishes. Reese questioned the pie chart data. Deputy Schmidt said he was not Involved in the preparation and could not comment. The Committee and staff will set a time to meet with Sgt. Chandler to review the entire report and explain it more clearly at the next Committee meeting. 10. Hennepin Parks' Surface Hater Use Regulation Grathwol noted that Hennepin Parks is adopting ordinances controlling surface water use on lakes wholly within the boundaries of the Park District. Grathwol would like staff to keep track of what the Park District is adopting. Foster suggested staff work with Suburban Hennepin Parks by advising them of the LMCD controls or ask them to exclude Lake Minnetonka. Sohmidt commented that the 15 raile-per-hour speed limit on Steiger Lake is because of the lake's small size. Schmidt would like to see no gas motors on any of the Suburban Hennepin Park lakes. 11. Light at Priest's Bay Reese asked for a follow up on his previous request pqgsrding an intrusive sodium vapor light at Priest's Bay. 12. Temporary Dock Extensions ~ 3’ Water Depth Limitation The Executive Director reported receipt of a communication from Jeff Fox, 5270 Howard’s Point Road. Excelsior, expressing kis concern that if he were to adhere to the LMCD guidelines limiting the water depth for a temporary dock extension to 3' it would require moving the dock out later in the year at a greater expanse. Foster commented that he would favor a 4’ depth in the (piling, within thirty days of ice out, because the lake typically down over the summer. Carlson said statistics introduced at ^ke February 27th Board meeting indicated that the water level keld up from spring through summer over the past five years. Qfs^kwol suggested obtaining the water levels for the past few years from the Minnehaha Creek Watershed District. It was noted that this is a Water Structures concern but, because the next Committee meeting isn't until mid-April,staff wanted to address the issue before docks are installed starting with ice-out in April. Grathwol suggested this is a matter that h^s to onforce with tho 3^ boin® a normal and not abaoluta dapth. Staff will ba axpactad to usa tha flexibility they have had in the past. - H.." - V V ■h. Lake Uae Cofflaittee 13. Adjournaent March IB. 1991 Foster adjourned. 5:40 p.m. moved. Carlson seconded, Motion carried unanimously that the meeting be Meeting adjourned at FOR THE COMMITTEE Eugene Stronunen, Executive Director Robert Pillsbury, Chair LAKE MINNETONKA CONSERVATION DISTRICT DBEPHAVEM City of Deephaven 20225 Cottagewood Road Deephaven MN 55331 MAYORt Cliff Roberts 18425 Maple Ridge Rd Wayzata MN 55391 CLERK: Sandy Langlev PUBLIC WORKS DIR & BLDG INSP: Wally Roholt MEETS: 1st & 3rd Mondays 0 7:30 pm 474-4755 FAX 474-4564 (H)473-4591 (0)332-8299 474-4759 MINNETONKA City of Minnetonka 14600 Minnetonka 31vd. Minnetonka MN 55343 MAYOR: Tir.t Bergstedt 5100 Norman Dr Minnetonka MN 55345 MGR:James F. Miller PLANNING DIR: Ann Perry 933-2511 FAX 939-8244 (H)934-1769 (0)933-2701 (H)541-1294 (0)939-8200 MEETS: 1st, 3rd & 4th Mondays (3 6:30 pm EXCELSlOR City of Excelsior 339 Third Street Excelsior MN 55331 MAYOR: MGR: Lucille Crow 193 Second St Excelsior MN 55331 Gregory Withers MEETS: 1st & 3rd Mondays (3 7:30 pm 474-5233 (H)474-9366 (0)474-5233 MINNETONKA BEACU City of the Village of Minnetonka Beach P. 0. Box 146 (2945 Westwood) Minnetonka Beach MN 55361 MAYOR: Robert Abdo 3126 Old Country Rd Wayzata MN 55391 CLEcvK: Barbara Bedell MEETS: 2nd Mondays (3 7:00 pm 471-8878 (8 - noon, I - 3 only) (H)471-0063 (0)333-1526 CREBRHOOO Village hall is shared with Deephaven at 20225 Cottagewood Road Deephaven, MN 55331 474-4755 FAX 474-4564 MAYOR: Alan M. Albrecht (H)474-3933 5196 St Albans Bay Rd (0)474-8234 Greenwood MN 55331 CLERK: Sandy Langley DOCK COIMITTEE: James Hillis (H)474-5105 (0)542-9122 MEETS: 1st Tuesdays 7:30 pm at Old Log Theatre HINNETRISTA City of Minnetrista 6601 County Road 110 West Mound MN 55364 MAYOR: Wally Clevenger 3396 Kings Point Rd Excelsior MN 55331 ADMIN: Charlotte Erickson MEETS: 1st & 3rd Mondays (3 7:30 p«n 446-1660 (not open on Fridays) FAX 446-1311 (H)472-3818 (0)222-5883 3-13-91 LAKE MINNETONKA CONSERVATlOrj DISTRICT MOUND City of Hound 5341 Maywood Rd Mound MN 55364 472-1155 r.\y: 472-O620 MAYOR: Skip Johnson 3018 Island View Dr Mound MN 55364 (H)472-3136 MCR:Ed Shukle DOCK INSP: Tom McCaffery PARK OIR: Jim Fackler 472-1155 472-0611 MEETS: 2nd & 4th Tuesdays (3 7:30 pm OlONO 473-7357City of Orono P. 0. Box 66 (1335 S Brown Rd) C*"V8tal Bay MN 55323 FAX 473-0510 MAYOR: Barbara Peterson P. 0. Box 164 Crystal Bay Mn 55323 01)475-2706 *n*‘.Mark Bernhardson MEETS: 2nd & 4th Mondays (3 7:00 pm SHOSEWOOO City of. Shorewood 5755 Country Club Road Shorewood MN 55331 474-3236 FAX 474-0128 MAYOR: Barb irancel (H)474-3824 25785 Sunnyvale Lane Shorewood MN 55331 A/AOM: Brad Nielsen MEETS: 2nd & 4th Mondays (3 7:30 pm 3-1J-91 SPRING PARK Citv of Spring Park P-0. Box 452 (4349 Warren Ave) Spring Park MN 55384 471-9051 Mf\lOR:Jerry Rockvan. P. O. Box 335 Spring Park MN 55384 A •'•at Osmonson MEETS: 1 ;t & 3rd Mondays (3 7:30 pm TONKA BAY City of the Village of Tonka Bay 4901 Manitou Rd Excelsior MN 55331 MAYOR:L. H. (Vern) Haug 485 Lakeview Ave Tonka Bay MN 55331 ADMIN: Dave Callister MEETS: 2nd 6. 4th Tuesday (3 7:30 pm VICTORIA City of Victoria P. 0. Box 36 (7952 Rose) Victoria MN 55386 MAYOR;Gerald Schmieg 1975 Trillium Court Victoria MN 55386 ADMIN; Miriam Porter MEETS: 1st (* 3rd Thursdays 1,3 7:30 pm 471-9515 474-7994 474-6729 443-2363 443-2123 Il n.: * LAKE MINNETONKA CONSERVATION DISTRICT UAYZATA City of Wayzata 600 Rice St Wayzata MN 55391 A73-0^3A fAX A73-A178 MAYOR:Robert Gisvold 1515 Birch Rend Lane Wayzata MN 5539L UOA73-2836 (0)333-l3Al MGR:Al Orsen MEETS: 1st & 3rd Tuesdays (3 7:30 pm WOODLAND Village hall is shared with Deephaven at 20225 Cottagewood Rd Deephaven MN 55331 474-4755 FAX 474-4564 MAYOR:Nicholas Duff 2830 Maplewood Rd Wayzata MN 55391 473-9189 CLERK: Sandy L'>ngley MEETS:2nd Monday (3 7:30 pm in a member’s home during winter, or in Assembly Grounds' auditorium during summer 3-13-91 I*-***"”- ‘ it 1 I • :MINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD MARCH 20, 1991 ATTENDANCE The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Meureen Bellows, Jim Hanson, Candace Rowlette. The following represented the City Staff: Building and Zoning Administrator Mabusth., Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Kelley called the meeting to order at 4:00 p.m. (il)ZONING FILE #1457 ft 11630-ALAN G. CARLSON 3140 WATERTOWN ROAD AMENDED PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING Gary Peterson was present on behalf of Alan Carlson. Kelley re-convened the Publi:Hearing on this matter at 4:00 p.m Mabusth noted that Ci.tlot E is proposed to be develeped with a gazebo, as well as a tennis court. She said, "I have nothing specific to show you regarding the gazebo, but have been told that it will contain a lavatory, which would have a holding tank. The holding tank would require City Council approval. Staff's concern pertains to the way in which a 10,000 ton pump truck would access the holding tank, since there is only a trail leading to this structure." Kelley asked Gary Peterson if he would prefer to have the mattered tabled until more information can be provided relative to the gazebo. Peterson asked if tlie Planning Commission could give conceptual approval, pend - review of the plans. Kelley stated that he would not give conceptual approval, but he would maka a recommendation on the preliminary subdivision, e.xcluding the tennis court and gazebo. Hanson stated that though he did not totally approve of the :structures being located on an outlet, he approved of having one tennis court, as opposed to several private tennis courts. He said, "I think a holding tank could be reached with a hose, if necessary." Rowlette indicated that she wis concerned about locating bike trails in the wetland area. She suggested separating the two applications. Kelley stated that the issue of the accessory structures on an outlot constitutes a new policy issue. He suggested that the - 1 - . * -• -- -- • fPlanning Commission vote on the issues covered under existing dinances* and allow the City Counc ■ — to address the new poxicy. Kelley closed the Public Hearing at 4:10 p.m. It was moved by Kelley, seconded by Hanson, to recommend approval of the preliminary subdivision, excluding the proposed bike trails, tennis court and gazebo, which should be considered by the City Council because there is no existing ordinance to address the issue of accessory structures on outlets. Hanson noted that such issues could be considered if this were a PRD rather than a straight plat. Bellows noted that at such time the issue is referred back to Planning Commission, that the applicant be prepared to show plans and elevation for the proposed structures. Motion, Ayes-1, Nays-0. Motion carried. (#3)ZONING FILE #1621-TERRY & JONELL JOHNSON 1045 LINDEN LANE VARIANCES-CONTINUATION OF PUBLIC HEARING It was moved by Bellows, seconded by Hanson, to table tnis application, as requested by the applicants. Motion, Ayes-1, Nays-0. Motion passed. (#4)ZONING FILE #1622-F. JOHN HARDIN 1496 PARK DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING John Hardin was present. F.elley re-convened the Public Hearing at 4:12 p.m. Hardin showed the Planning Commission the floor plan for the proposed addition in relation to the existing house. Kelley closed the Public Hearing at 4:.3 p.m. It was moved by Kelley, seconded by Bellows, to recommend approv.il of a front yard setbacx Varian.re to construct an addition to an existing residence at 1496 Park Drive, based on the hardships posed by the shape of the lot, the inadequate size of the existing bedrooms, and the location of neighborhing houses in relation to the street. Motion, Ayes-4, Na/s-0. Motion passed. (#5)ZONING FILE 11623-REENAN 4 JEAN RICHARDSON 2500 NOODHAVEN DRIVE CONDITIONAL USB PERMIT-CONTINUATION OF PUBLIC HEARING Keenan and Jean Richardson was present. Kelley re-convened the Public Hearing at 4 14 p.m. Gaffron explained for the benefit of Dr. Richardson the past policy of the Planning Commission regarding a.f ter-the-f act penalty fees, noting that the Planning Commission does not have - 2 - b ;k». the authority to waive the re'*quire‘'.ent At 4:-.6 Kelley closed the Public Hearing. ’yff, inoved bv Bellows, seconced dv Hanson, to recornmenci approval or a Conditional Use Permit for Keenan and Jean Richardson, according to Staff recommendations pertaining to penalties and fees. Motion, Ayes-4, Nays-0. Motion carried. (#6)ZONING FILE #1624-DAVID CARLSON (SHORELINE MARINA « YACHT CLUB) 1955 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW-CONTINUATION OF PUBLIC HEARING Steven Fichtel and Dave Carlson were present. At 4:17 p.m., Kelley re-convened the Public Hearing. Mabusth provided a brief review of the application for the benefit of Rowlette. Rowlette questioned whether the Planning Commission h.id raised concerns about the second level deck being located v/ithin the 7'3 foot setback area. ofKelley, Bellows and Hanson stated that the majority structure is located ^5 focat setbatk area, which frequently occurs with marina facilities. ■<0 ...Kelley asked Staff to convey' the Planning Cc'mmission s concerns regarding the underground gas tanks and fuel dock, as discussed at the March 13, 1991 Planning Commission meeting. Kelley closed the Public Hearing at 4:30 p.m. It was moved by Kelley, seconded by Hanson, to recommend approval of the Commercial Site Plan for Dave Carlson, Shoreline Marina and Yacht Club, as presented. Motion, Ayes-1, Nays-0. Motion carried. (#7)ZONING FILE 11625-DON OLSON 4590 NORTH ARM DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING Don Olson was present. Kelley opened the Public Hi^aring at 4 21 p.m. Mabusth briefly reviewed the Olson's application. The Public Hearing was closed at 4:24 p.m. It w.as moved by Hanson, seconded by Bellows, to recommend approval of application #1625, based on the hardship posed by the location Df the existing structures on the property and the - 3 - ■ 1 screening provided on Motion carried. the side vard.' M.Jtion, Aves-’., Nays-0. (18)ZONING FILE #1626-TIH & BETH TRAFF 2683 NORTH SHORE DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING Tim Traff was present, as wa-^ Karen Schriver, Robert Mitchell, Attorney for James Mitchell, neighbor. on behalf of the Traff'5 Kelley re-opened the Public Hearing at 4-25 p.m. Tim Traff showed where the location of the average lakeshore setback line, after it had been moved back an additional five feet, as he agreed with his neighbor, P.ollin Lacy, that he would do. Traff also showed the Planning Commission a floor plan of the proposed house. Karen Schriver reiterated the position of James and Pntricia Mitchell, as noted in their letter to the City, and the comments made by their Attorney, Robert Mitchell, at the March IB, 1991 Public Hearing. At 4:34 p.m., Kelley closed the Public Hearing. It w.as moved by Bellows, seconded b^ Hanson, to recommend denial of the side setback Variance to construct a new residential structure, based on th; Planning Commission’s belief that a new structure should meet all requirea setbacks, and that there is no demonstrated hardship to v/arra\t tha Variance requested. Mr. Traff disagreed, stating that his p’.an wilJ reduce hardcover and place the houne 24 feet further from the property line than where the existing house now stands. He stated that the new house will increase in tax revenues for the City of Ovono, and that he should be allowed to have his home the way he would like it. Traff added that he should be allowed to place his home as close to the average lakeshore setback line as possible i:o take the most advantage of the recreational, aesthetic and monetary value of the home. Gaffron asked the Planning Commission if they would recommend approval of a lot width and area Variance, if all other requirements are met. Bellows stated that she would recommend approval of a lot width and area Variance because the hardship runs with the land because the City recognized the lot as buildable, and it is sewered. Hanson agreed. Motion, Ayes-3, Kelley, Nay. Metior carried. (|9)ZONING FILE #1627-SAn MCCLOUD RECORD LOT #22, BIG ISLAND AFTER-THE-FACT VARIANCES-CONTINUATION OF PUBLIC HEARING It was moved by Hanson, seconded by Bellows, to table application 11627, as rsquested by the applicant. Mention, Ayes-4, Nays-0. Motion carried. - 4 - k (10) ZONING FILE 11628-SARA & flARK FINNEY 4195 HIGHWOOD ROAD VARIANCE-CONTINUATION OF PUBLIC HEARING Sara Finney was present. Kelley re-convened the Public Hearing at 4:36 p.m., and reviewe'd the Planning Commission's vie./s recarding this application and the intent of the average lakeshore setback. Hanson asked Mabusth if Staff had been able to view the lakeshore structure comprised of retaining v;alls, and a stairway. Mabusth replied, "We were unable to meet Sara on-site, but did have an opportunity to discuss the structure with her. Tiere is a deck which do;*s not meet the City's safety landing standards. The structure is approximately eight to ten years old. It may be appropria i.e for thn Planning Commission to forward this non-conforming structure issue to the Council. cannot guarantee that the applicants will be allowed to rebuild the deck at such time that it deteriorates, and any repairs that may be required will have to be approved by the City." Hanson w*s concerned about treating this non-conforming structure in a manner different than the way such structures are normally addressed, though he fully understood the innocence of the Finney's aid the owners of the property prior to them. Bellows asked what measures the Cxty will take to assure that the Finney's and any other owners >f this property understand the restrictions regarding the lakeshore structure. Mabusth sLat*»d that the resolution would include language that would place present and future owners of this property on notice that the structure cannot be repaired without Council approval, and that removal may be required. She added that the structure does serva a function as it suppor" ^ the lakeshore bank. Kelley closed the Public Hearing at 4:40 p.m. It was the consensus of the Planning Commission that Staff should determine the amount and condition of the underlying plastic beneath landscap»»d areas, in addition i:o obtaining measurements of the structure itself, and present that information to Council. It was moved by Hanson, seconded by Rowlette, to recommend approval of the average lakeshore setback Variance to construct a new foundation and addition to the existing residence at 4195 Highwood Road. The hardship for thr.* Variance is the topography of the land. It is further recommended that the applicant be placed on notice that any structural repairs to the existing non-conforming structure in the lakeshore yard shall bi subject - 5 - to city approval. The applicant is directed to work with Staff to minimize the visual impact of the structure. Motion, Ayes-4, Nays-0. Motion carried. (#11)ZONING FILE #1629-MCNULT/ CONSTRUCTION 1700 FOX STREET VARIANCE-CONTINUATION OF PUBLIC HEARING Jim McNulty and Hugh McMillan were present. Kelley re-opened the P.oiic Hearing at 4:45 p m. Gaffron reviewed the applicant’s request, noting that the total square footage of the structure, including the proposed addition, would be less than the square footage approved when the building was first constructed. Hanson and Bellows stated their positions on the original application to construct this accessory structure, as well as their views on the current application. Hanson stated that there were compelling arguments and hardships which exist»Jd for the first appjication, and do still. Br’llows disagreed, stating that she found no hardships existed with the first application, and that has not cl.anged. She added that the City adopted an Ordinance specifically designed to address such applications, which provides even more basis for dt»nial. Bfillows further commented that though there is an existing residence on this property to accompany the accessory structure, it is for the most part unoccupied, and serves mainly as a guesthouse. Rowlette stated that the house may not be occupied on a full time basis, however, it is a primary structure. Mr. McNulty reiterated the points made at the March 13, 1991 Public Hearing, and showed Rowlett? a sketch of the existing building and the proposed addition. He also displayed a photograph of the structure. Kelley closed the Public Hearing at 4:58 p.m. It was moved by Hanson, seconded by Rowlette, to recommend approval of application #1629, in accordance with the conditions set forth in Resolution #2204. Motion, Ayes-2, Bellows. Kelley, Nay. Motion carried. (#12)RECOMMENDATION TO COUNCIL-HIGHWAY 12 CORRIDOR STUDY Kellay asked Rowlette it she had any comments regarding her .stated position on the Highway 1? recommendation that will be presented to Council. Rowlette agreed with the draft presented by Staff. (#13)WILLIAH PUCEL BALDUR PARK - 6 - If I MM PRD/SUBDIVISION - ^ William Pucel w-.s present. He statec tiiat he aia net understand why the Planning Commission's vie vs on oeveioping Baldur Pirk had changed since the last application. Kelley explained that he hod driven out to Baicui. Park several times and each time he sees the area, he becomes more and more convinced that it should not be developed. He informed Mr. Pucel that he might consider development, if all Ovainances are met. Hanson agreed w’th Kelley, slating tiiat he would only consider deviating from a requirement to meet al. Ordinances if in doing so, the access road issues could be addressed. He stated that the road is his main concern. Bellows stated that until the Bnldur Park Drive is upgraded to meet the City's safety standards, she will not consider any development. Mr. Pucel felt that the road issue could be addressed. Bellows invited Mr. Pucel to present a plan that would meet the safety requirements for the road. Kelley reminded Mr. Pucel that the Planning Commission is only a recommending body, and that he can present his case to the City Council. .'SOJOURNMENT The Mtrch 20, 1991, Meeting of tie Orono Planning Commission, a reconvene of the March 18, 199i Planning Commission meeting, was adjourned at 5.12 p.m. - 7 - 'L- o o o ‘ lV N CITY of OROXO Municipal (XlWts PoM Office Box i'rxstaJ Ba%. Minntfsirta 55313 ^^bshO^ April 1, 1991 Edward Cohen 519 North Ferndale Road Wayzatar MN 55391 Dear Mr. Cohen^ The City Council has scheduled the April 8/ 1991 meeting to meet with Planning Commission applicants who were unable to attend the March 25th meeting. Applicants will be sent a copy of the Council agenda prior to the meeting. Interviews with applicants to be at approximately 8:00 P.M. Please contact Jeanne Mabusth at the Cl ■ offices (473- 7357) if you wish to withdraw your name from the list of applicants seeking appointment to the Planning Commission. Sincerely, c« 1in - Jeanne A. Mabusth Building & Zoning Administrator cci Mayor and City Council Mark E. Bernhardson, City Administrator TELEPHONE - 473-T357 • E\X - 4734I5I0 k & O O *4 % CITYof ORON < - ' Munk'ipttl OfTWtr?! Pom OfTke B<i\ hb Cnsui Ba\. Minne^iU 5531< April 1, 1991 Howard I. rcMillan III 1275 Lytnan Avenue Wayzatar MN 55391 Dear Mr. McMillan III» The City Council has scheduled the April 8, 1991 meeting to meet with Planning Commission applicants who were unable to attend the March 25th meeting. Applicants will be sent a copy of the Council agenda prior to the meeting. Interviews with applicants to be at approximately 8:00 P.M. Please contact Jeanne Mabusth at the City offices (473- 7357) if you wish to withdraw your name from the list of applicants seeking appointment to the Planning Commission. Sincerely, cf * »» Jeanne A. Mabusth Building & Zoi.ing Administrator cc: Mayor and City Council Mark E. Bernhardson, City Administrator telephone - 473-7357 • FAX - 4734)510 A % 1»/A.CITY of ORONO C* > MunkipttJ ()fTWe% PirA OfTWt* Bii\ M» Cn^ Ba>, MinneMita 5531> April 1, 1991 David Rahn 1134 Wildhurst Trail Moundr MN 55364 Dear Mr. Rahn« The City Council has scheduled the April 8, 1991 meeting to meet with Planning Commission applicants who were unable to attend the March 25th meeting. Applicants will be sent a copy of the Council agenda prior to the meeting. Interviews with applicants to be at approximately 8:00 ?.M. Please contact Jeanne Mabusth at the City offices (473- 7357) if you wish to withdraw your name from the list of applicants seeking appointment to the Planning Commission. Sincerely, y Jeanne A. Mabusth Building & Zoning Administrator cc; Mayor and City Council Mark E. Bernhardson, City Administrator telephone - 473-7357 • FAX • 473-0510 o o A ■ >• V • ' ' 4. CITY of ORONO Municipai Offlnf^ PnM Ofhcif P-iti 6ft Cnsial Mimv-i>lJi 5531' April 1, 1991 Janice Berg 2655 Lydiard Avenue Excelsior, MN 55331 Dear Ms. Berg, The City Council has scheduled the April 8, 1991 meeting to meet with Planning Commission applicants who were unable to attend the March 25th meeting. Applicants will be sent a copy of the Council agenda prior to the meeting. Interviews with applicants to be at approximately 8:00 P.M. Please contact Jeanne Mabusth at the City offices (473- 7357) if you "ish to withdraw your name from the 1 i 1 of applicants see^i.ng appointment to the Planning Commission. Sincerely, 0 iM. , r f Jeiuine A. Mabusth Building & Zoning Administrator cc: Mayor and City Council Mark E. Bernhardson, City Administrator telephone - -IT3-7357 • FAX • 47JAI5I0 •I' ' ' S’ u y'' * 7 i:f^l_L!;/jiV23 sntTU't a*Y ■■»,.. 'T‘r!±—M CfTvoroiMii «mwt rttu SMITH'S BAY MARINA ONE INCH EQUALS 20 FEET ««uxni Oct«»r ,1. “***^ JuyiKP.2^.^,,.,^ ar an ttusip. jmi-^ t#. i,m “MfmiTTBj. ^ wriiw, Orone« » m\9 ti», ' V •» I I I ....iH' yr i , } AGENDA 18 ZONING FILE #1625 4590 NORTH ARM DR. 3 ««*«i«eiii»G A pr 8 1991 ®*TY0F0R0N0 <r> J. -IS isg o5o StSI' CnI ci ..i AGEMDA ft ZOMIHG FILE flCFS 4590 NORTH ARM DR. 8 1031 WFOFOMHO I o!o; H' CnI v^,> t LH LAti^dSiOfc '/u'H’-q-' COUNCHMEHMC / f) qj9 f ■ courjr -' APR 8 1991 CnYOFOROMO c "r" f i “ f ^r ‘'- II s I HMi mmiEwmA ^ fi 'NORTH ARM “"WlMEnWG APR 8 1991 C*Tir0F0R0N0 ^ / 7T \/lrrft<^<^^^ An«Xyal« of Roqooat for rto^oMlo Volieo Ctilof toloetleo r r 1 ncl pa 1 •/Toew of naotloo taporlaneo In flatro ftrea/Rolleo Oiiofa/ Contract Araaa Rroeoaa Propooa# frlaory AltatMto Prlelof tabor fiolatle Maoelatoa Karon Olaon- Colloetlvo Knrfalnlnf and tabor Kalatlona Job Kralnatlen/ Coopanaatlon Koeraitaont/tolaetlofi ■alary/BoaotIta JaMa 9. 1111 - lUiat. City Hnnafor/ rnblle tafoty Dtr/ follea Chtaf rrofoaalonal aaalatanea to otbor ayaneloa taw fnfercaawntt Pablle SaCoty/Koraonnal Jaoaa BrJwoyar- Brocwtlva Koateb both pabllo a prlrata feroar City Nanayar •alactioa Oork priMirlly in Oapartoant Kaad pealtioo Natro Aran y tvHea Cblafa • Pellca Captaina • Plra Cblafa ■alaetlon in poblie aaetor City nanayar/clty Mwinlatrator A Papt. Baada Alao aalaetlon aa nanayar <2 Cblafa) Froeaaa tlrw Oaa oral/lnbaakat annao. Llolt paycboloyleal to flnallat. Paekytonada an top S »0-yo daya Poena on Initial aelleltatloov Job analyala* iatarvlawa. Aaalata In final aalaet!on/eoapanaatlon Prloary Additional •lllabla iKrm.oo Htdio.oo TOTAt C0UIICILMEEIIII6 APR 8 dlYOFOBONO $12»SM.OO If aaetlona warn dona aaparataly 110,000.00 It all dona no aa paekaya 90 City Nanayara/Adaln./CKO'a nayotiatlooa. 2 Pellca Cblafa 7 etbar Dapt. Naada Kalaetlon of Cbiaf for a 9 City Plra Dapactaant tnelodaa conanltant araloatlen/aaar pteyraai at C-aionth parted an port if City daairao. Saparata atpanaao 200-1000 no. 200-13 ,soo Total 020,too - 20.S00 Pbl Mionda Ootenbery- Peraonal PflD-lnduatrlal/ Daclalona Orynnlaatlonal Paycboloyy ineorporat ad Paycboloyleal Aaaaaaawnia/ Appllcanta Trainlny Aaaaaanant Cantara Job Analyala Oatactlon/Preaotlonal Taatiny Aaalatanta- Bllaabatb Nackall Hyt.-PoMlc Baetor Analyala Harold Brail vlca Praaldant Barbla Baladan taaany and tanany Cortla Larany- Paycboloyy Pirn Brparlanca- Batlonvida Bararal pvbllc aataty raernltnanta Llailtad In local araa Bara Hat In Baernlta«nt/Balaetlon pQbllr Hanayaawnt Conaultanta Coaanlllny Paycboloylat PBti clinical Paycboloylat 13 yra ataff paycboloylat Bannapln Cty Corractlona Elliabatb terany- pmi Huamn/Oryanlratienal Byataaia Manayaaant Conanltant Norklny with Innataa/ Hennepin Cerraetlon tarry Tbowpaon- Nyt. RaeroitaMit • Connoltlny Plua ataff to NM Poilea Baoraltaiant Byataai Conaortlom (Poilea Officer Balactlon) 7 etbar Dapt. Banda Hobart Hobart- Henarooa Paycboloyleal PRD-lnduatrUl/ araloatloaa for 20 oryanlaatlonai Paycboloyy Poilea Dapartawnta Klchard Carlqalat- Public Bafaty Dlractec/ Pellca Cbiaf/Plyamoth Subatantlal toatJay/ Paycboloyleal Kraloatlen AaaeaaMent cantara Mtacnatl ret- Prlaari a) Joint aaatcb wltb Addltlc Haat Bannapln b) Anaentaant Canter aa nobatltuta for Bapanac aci nlny penal Initial icraanlny TOtAL on Mtrlx of naadad ebaractailntiea/ yuallflcatiena Paycboloyleal taatiny on final candldataa •y.BSO.OO BB.BIS.OO Bxtanalra Hatre Bxparlanco Baerult Prparlanea 4 City Nyra/Adaln 1 Pellca cMaf (plua ether Adadn/Ory. Analyala Priam ry Additional M,S00.W $3,f00.00 ♦ (Dapandlny aa |*a aeraanad)