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09-14-1998 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 14,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL COUNCIL WEET.'.* ' ": CONSENT AGENDA 1. Approve/Amend SEP 14 1998 cmr crone,NO 7:00 p.m. - Lake Minnetonka Communications Commission 2. Tim Pattrin, Chair - Cable Franchise Renewal APPROVAL OF MINUTES * 3. RegularMeetingof August 24,1998 PARK COMMISSION COMMENTS - Irene Silber, Representative PLANNING COMMISSION COMMENTS - Jan Berg, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #2383 Christine and Gary Valerius, 3750 Bayside Road, Preliminary Class II Subdivision - Final Plat Approval - Resolution 5. #2404 Otten Brothers Nurseiy, 2350 Wayzata Boulevard - Commercial Site Plan Review 6. #2406 Gerald &, Sandra Erickson having an interest in 2683 Casco Point Road - Variances - Resolution 7. Extension of Industrial District Moratorium - Ordinance .5^ 8. Extension of Adult Use Moratorium - Ordinance MAYOR/COUNCIL REPORT ENGINEER REPORT 4. 9. Purchase of Water Meter for Golf < ourse Irrigation Well CITY ADMINISTRATOR’S REPORT 10. Appointment of Additional 1998 Primary Election Judges - Resolution 11. Adopt 1999 Ta.x Lev>' and Budget - Resolutions 1 2. Set Date for Truth in Ta.xation Hearing CITY ATTORNEY'S REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 14,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA * 13. LICENSES * 14. BILLS UPCOMING ISSUES AJJJ} JVENTS im 09/07 09/08 09/08 09/12 09/14 09/14 09/15 09/21 09/23 09/28 10/05 10/07 10/12 10/19 10/26 LABOR DAY HOLIDAY Park Commission Meeting, 7:15 p.m. Filing Closes for Candidates for City Offices City Offices Open for Absentee Voting, 1:00 p.m. - 3:00 p.m. City Offices Open for Absentee Voting, Extended Hours to 7:00 p.m. Council Meeting, 7:00 p.m. PRIMARY ELECTION, 7:00 a.m. - 8:00 p.m. Planning Commission Meeting, 6:30 p.m. Joint Council/Planning Commission Work Session - 8:00 a.m. Council Meeting, 7:00 p.m. Park Commission Meeting, 7:15 p.m. Highway 12 Design Review Committee, 5:30 p.m. Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:30 p.m. Council Meeting, 7:00 p.m. nr ‘ I r * V ft Public A ttendance Mee^'g Date 9— /V_ I5( CouNcn. □ Plani ^ing Commission □ PARK Commission □ Other NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1 . Spying HtJ Pu ^3 It c CaW\ »Vv* 2__Ll ri A c/ J olavv^(r«^0 r'/VMj)■2J^J rM\)CA( 8. 9. 11-. 12.. 13. 15._ C9U954 ! SUMMARY OF SEPTEMBER 8,1998 BUDGET WORK SESSION COUNCIL The agenda for the work session was as follows. f V’rfcof Riirlritfst Pmiprtinn 1. 2. 3. 4. 5. 1 2. 3. 4. SEP 14 1998 CITY C.~ O.TOMO Seven Year Budget Projection Deteirnination of Tax Levy for 1999 Enterprise Funds - Cash Flow Budgets Alternative Funding Sources for Stormwater Infrastructure. Construction and Maintenance 5, Truth in Taxation Hearing Date Seven Year Budget Projection. Moorse explained the seven year budget projection was in response to Counciltnember Flint’s comment that it would be easier to make a determinabon regarding the 1999 levy amount if the Council knew how the 1999 budget and levy amount fits into longer term funding needs. The budget projection was to serve two purposes: a) To show that there are substantial funding needs, both short-term and long term, mostly for infrastructure but also for staffing. ,• i j b) To show that the addition of substantial additional funding, if accomplished in a planned incremental way, can be provided with reasonable impacts on property owners. Moorse indicated the 1999 levy amount in the budget projection reflects levying at the City's levy limit. Mayor Jabbour suggested that the budget and expenditures be tracked in a way that eiwbles one-time high expenditure "blips" to be tracked separately so that they do not simply get built into the expenditure or budget base. The budget may include different high expenditure blips in different years. Tiiese knew blips should simply replace the old ones to maintain accountability and stability in the budget. The Councilmembers attending the work session indicated the 1999 ley should set at *e City ’s levy limit amount, plus a debt service levy, for a total tax levy of $2,354,142 in or to fund short-term needs and to get a start on meeting long-term funding needs. Mayor Jabbour indicated the City should have a contingency resets e to be used if the City was to lose one or more police contract cities. The water, se^ver and golf cash flow budgets were reviewed. The cash flow Budgets show that the water and sewer funds are able to cover depreciation based on a 75 year life of the majority of the water and sewer infrastructure. The projected water and sewer revenues reflect a 2.8% increase in water rates and a 3.2% increase in sewer rates. r 6. 7. 8. 9. Moorse explained the long-term need for substantial expenditures related to stormwater facilities, and indicated a stormwater utility is one source of revenue to ^d those expenditures. A stormwater utility places a user fee on all properties, based on the ^ount of stormwater runoff generated by a property. The advantage of the user fee is that it is based on the need for stormwater infrastructure rather than based on the value of the property, as are property taxes. Also, as with water and sewer fees, the stormwater utility fee is charged to tax exempt properties since they also contribute to the need for stormwater facilities. The Councilmembets indicated support for a stormwater utility as one source of funding for long-term stormwater infrastructure needs. Staff will bring a detailed proposal back to the Council regarding the initiation of a stormwater utility. Mayor Jabbour suggested developing a business plan for the funding of parks capital expenditures that would include tax levy, park dedication fees, fund raising, conservation easements, etc. Responsibilities could then be assigned for implementing each element of the business plan. The date of the Truth in Taxation hearing was set as 7:00 p.m. on Monday, December 7. A work session to enable the presentation of the stormwater management plan by Bonestroo Associates will be scheduled in the near future. 1998 Tax Capacity Rates and City Tax Levels for Comparable Lake Area Cities City City Tax City Tax On City Tax On Capacity Rate $100.000 Home $300.000 Home Deephaven 12.449%$150.94 $611.56 Orono 14.716%$178.43 $722.92 Medina 15.900%$192.79 $781.09 Shorewood 18.317%$222.09 $899.82 Mound 18.366%$222.69 $902.23 Wayzata 19.780%$239.83 $971.69 CapitalOutlay DebtService Other Expend/ Transfers Out Increase to Fund Balance Total95,750 -242,200 -3,850,340 95,000 a.95,000 121,500 --6,400 20,000 130,000 150,000 70,450 ..46,300 116,750 600,000 —““600,000 15,960 33,200 mm 49,160 —407,220 —-407,220 —192,930 ——19?,9.30 —83,860 —-83,860 —171,510 12,880 184,390 10,000 49,340 62,955 400,205 108,000 —-2.5,210 816,400 —298,460 -—298,460 -32,000 -3,400 20.3,180 1.120.700 1.201.940 454.740 157.145 ■7.575.795 Total3,850^0 95,000 127,900 150,000 116,750 600,000 49,160 407,220 192,930 83,860 184390 400305 816.400 298,460 203,180 7.575.795 City of OronoCombined Summary of Revenues & Financing SourcesFor 1999General Fund Special Revenue Funds Park Improv. & Equip. Outlay Building OuUay Capital Projects Funds PIR Fund MSA Fund Debt Service Funds 1982 Improvement Bonds 1991 Public Facilities Bonds 1992 Improvement Bonds 1995 (1985) Refunding Bonds 1997 Improvement Bonds Enterprise Funds Water Operating Sewer Operating 1995 (1989) Refunding Bonds Golf Operating Total )crtvTax SpecialAssessments Licenses & Permits Inter-GovemmentalCharges for Services Fines & Forfeits InterestIncome Misc.Revenue TransfersIn Use ofFund Balance Total1,818,690 -240,000 532,940 1,080,210 75,500 72,000 31,000 -—3,850,340 5,000 .. AM 6,450 50,000 33,550 95,000 ————-20,240 12,660 95,000 -127,900 ——————136,000 —14,000 150,000 80,4.50 10,400 .mmm 25,900 116,750 ———600,000 mm 600,000 200 .mm 48,960 49,160 250.000 ——--25,000 —130,000 2320 407320 45.000 75,780 ——-—32,620 -—39,530 192,930 30,000 10,700 —---3.750 —-39,410 83,860 10,000 159,870 —14,520 **184,390 80,920 .250,435 11,850 57,000 •MW 400,205 ————689,150 —100,000 2' .250 ——816,400 100,000 59,350 -——-——.3.3,200 105,910 298,460 ——-—191,180 —12,000 ———203,180 2.3.39.140 397.020 1.132.940 2.210.975 75,500 460,5.30 177.910 258,200 283.580 7.575.795 3,850,340 33,550 95,000 -127,900 14,000 150,000 116,750 —600,000 48,960 49,160 2,220 407,220 39,530 192,930 39,410 83,860 184,390 400,205 —816,400 05,910 298,460 —203,180 83.580 7.575.795 SUMMARY ORDINANCE GRANTING A CABLE FRANCHISE TO TRIAX This document highlights some of the important provisions of the Ordinance and prov ides comments regarding changes from the current franchise. The actual Ordinance should be reviewed to clarify specific provisions. 1. 2. 3. 6. 8. Definitions . The franchise contains rr->jiy defined terms that update or improve the existing franchise. Franchise Fee. The franchise continues to require Triax to pay 5% of its gross revenues to the LMCC as consideration for usage of public property, 'fbe company is required to calculate its gross revenues as broadly as is permissible under law. Member Municipalities and LMCC Franch ise Area. The franchise atea includes the municipal boundaries of the Cities of Deepbaven, Excelsior, Greenwood, Independence, Minnetonka Beach, Minnetrista, Orono. Shorewood, Spring Park, Tonka Bay, Woodland, Medina, St. Bonifacious, Long Lake and Victoria, Minnesota. Franchise Term. The franchise is granted for a period of fifteen (15) years. Right-of-Wav Ordinance Unlike the existing franchise, the proposed franchise contemplates that the member municipalities may adopt ordinances creating specific or unique requirements regarding regulation, management and use of Rights-of-Way. A determination by a member municipality that Triax has violated such a loc'*’ requirement may be deemed a violation of the franchise by the LMCC. In addition, Triax is subject to all lawful exercise of the police power, statutory rights, local ordinance-making authority, and eminent domain rights of the member municipalities. T ine Extension . Triax is required to provide service to all homes within the LMCC where there are a minimum of thirty (30) homes per cable mile. Triax is also required to extend service to any other areas based on a pro-rata formula for cost recovery. Construction Standards. Triax must strictly adhere to all state and local laws and building and zoning codes and the LMCC has the right to inspect. Triax must promptly and fully repair and restore all rights-of-way which are disturbed or damaged during the construction and operation of the system, at its expense, to the same condition as that prevailing prior to the work. nndercn-minding of Cable. Unless the requirements of a member municipality differ, Triax must place newly constructed facilities underground only where all other utility lines are placed underground. Triax must bury all drops in a reasonable time period which shall not exceed ten (10) business days. c 9. 10. 11. 12. 13. 14. Sv.t..m Unerade. Triax is required to rebuiid its system and construct a 750 fiber/coaxial hybrid system which is capable of delivering a mimmum of eighty (80) vi e programmed channels and which actually delivers a minimum of sixty (60) video programmed channels. The system must be designed with a five hundred (500) homes per fiber node configuration. The rebuild must be completed within 24 months of the effective date of the franchise and failure to timely complete such construction shall be a violation of the franchise. The system technical standards must comply, at a minimum, with applicable FCC standards. <;nprial Testing . The LMCC may require testing of the System in the event technical difficultier^rperceived. In the event that special testing determines that the systeni or Triax is the source of technical difficulties, the cost of testing shall be reimbursed by Tnax. rnmmnnitv ProgrammiiiE. The existing ordinance contemplated the provision of community programming bj Trir. Triax no longer seeks to provide that pro^ammmg and the LMCC has determined that it could better meet community needs in this regard. All community programming functions will be performed by the LMCC. Tnax will provide fiw (5) channels and substantial equipment to allow the LMCC to provide co™^ty programming. In addition, the LMCC is authorized to require Tnax to pay a PEG Fee , which may be itemized and passed through on subscribers’ bills, for support of community programming operations and facilities. Institutional Capacity. Triax must reserve and dedicate for future non-conraerci^ use by the member municipalities and public institutions capacity equivalent to four (4) fibers (a very large amount of capacity). Triax must provide this capacity to requesting institutions at a significantly reduced price. Institutions can obtain 1/4 o. this demand and the remainder upon the e.xpiration of any outstanding contacts Tnax has for the reserved capacity. nmps tn Public Buildings . Triax must provide free installation, an outlet, ^d monthly B^ic Cable Service without charge to the institutions and such other publ^ or education institutions designated in the franchise by the LMCC (based on input from the member municipalities). r„.,nn..r Service and rnn.nl.int Procedures. The proposed franchise ^ specific customer service related requirements including requirements ttat Tnax staff md operate customer service facilities to be able to receive subscnber coinplaints on a iwentv-four (24) hour-a-day, seven (7) days-a-week basis and adequate “ respond to complaints Mlhin wenty-four (24) hours of the request. Tnax is required to issue refunds in the event service is intemipted for a total of nventy-fo^ (24) hours LMCC is specifically authorized to adopt and enforce any additional customer ser^ce requirements it deems necessary. Triax is required to prep^e and of all complaints received and the resolution of such complaints and provide those records to the LMCC with a written summary on a quarterly basis. 2. Performa nce Bond and Letter of Credit. Triax must furnish a bond to the LMCC naming the member municipalities as additional principals in the amount of One Hundred Fifty Thousand Dollars ($150,000.00). Triax must also deliver to the LMCC an irrevocable and unconditional Letter of Credit from a bank approved by the LMCC in the amount of Twenty Thousand Dollars ($20,000.00). The Letter of Credit can be drawn upon by the LMCC in payment for damages or for penalties for franchise violations as specified in the franchise. The penalties provisions in the proposed franchise are intended to simplify the process of penalizing Triax in the event of violations. Indemnification and Insurance. The LMCC, its officers, boards, committees, commissions, elected officials, employees and agents will not be liable for any loss or damage in connection with the system or the franchise. Triax must indemnify and fully insure the LMCC, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability as a result of the franchise as specified in the franchis . LMCC’s Right to Revoke . The LMCC reserv'es the right to revoke, terminate or cancel the franchise if it is determined that Triax has violated any material provision. Sale or Transfer of Franchise. No sale, transfer, or corporate change of or in Triax may take place without LMCC approval. Triax must reimburse LMCC for all the legal, administrative, and consulting costs and fees associated with the LMCC’s review of any request to transfer. The LMCC has the right of first refusal to purchase the System upon receipt by Triax of any bona fide offer to buy. r exhibit a LAKE MINNETONKA CABLE COMMISSION SYSTEM UPGRADE OVERVIEW System Capacity 200 Kf bandNvidth wUl be reserved for such services as the marketplace may drctate including compressed digital signals. The rework will have return capability utUizing spectrums 6om 5 MHz to 40 Nte. .inals used for pay-per-view and other customer services. monito term reasonable average of 500 homes sei-'ed from each node. V j *o the number of active electronics, or amplifiers, will be reduced to the After each node is . , ^ communitv, while still maintaining measurable picture mmimum required to reach *e ^ ^ ^es wUl automatically provide inter^ption. The bakeries are automatically recharged after power is restored. Ip-bW*** • ------------------------- Customers will have the option of an -addressable- set-top temiinal to access programming earned S^eTeWoJk Thiouch *e set-top terminal the customer can purchase special progr^g. such L -*ay p«-viewy^us'tomers with cable-ready televisions will not need a converter to receive the basic and expanded basic video channels. Fiber Optics and Coaxial Plant in the Network • • the backbone of the new network. At the origination site, all JJ ’oy^™cred on ’the system will be convened to optical signals, and uansmirted out into the system by a network of fiber optics cables. ---------- — - ^ w The optical nework wiU provide 6 individual fibers to each node location. Each node will serve a reasonable average of 500 hemes via coa.xial cable. The coaxial portion of the plant will begin at the node itself, where signals will be distributed over a short coax network, consisting of network amplifiers. The amplifiers are designed to accommodate return transmissior ability, surge protection, and remote monitoring capability. Typically, amplifier cascades •. ' exceed four (4) to six (6) amplifiers. The Upgrade Process The first step will be to install die fiber optic networic alongside the existing coaxial system. In areas where the cables are already carried on utility poles, the new fiber will be attached to the existing cables. In areas where existing cables are underground, additional construction will be required to install the new fiber optic cables. Any new coaxial cable required by the network design, in the path of the fiber optic cable, will be installed at the same time. When testing of the optical network is complete, then the second phase, upgrading of the coaxial plant in each community, can begin. When the coaxieJ plant is upgraded, each existing amplifier and distribution device is removed and replaced with a new 750 MHz device. The new equipment is activated and any customers served from that equipment are switched to the new equipment. This process begins at the node, branching out through each leg of the coaxial plant. It is this portion of the upgrade that causes several brief interruptions in service. As the upgrade crews move further out into the coaxial system, fewer and fewer customers experience interruptions in service. When the upgrade of a node is finally complete, all customers served from that node are now receiving service from the new network. After the primary upgrade of each node is complete Triax will perform bandwidth testing and system sweeps to determine whether coaxial cable and drops must be replaced in order to pass the full, upgraded signal spectrum in accordance with, applicable specifications and teclinical standards. Triax will replace any coaxial plant which fails. Installation upgrade crews will sweep through the area inspecting each of the service lines that connect customers ’ homes to the distribution system. Connections are checked, updated splitting equipment is installed, if necessary, and in some cases, the entire line is replaced. At this point the upgrade of that node is complete, and work moves on to the next node area U:\eabU\LMCC4xhibit-A> J wpd ■ f. f .‘M <4v . (•OUN-^ILfAuzi . o SEP 14 199B CITY OF CP,0\ J 3 ORONO CITY COUNCIL MEETING AUGUST 24,1998 ROLL CALL TM Council met on the above mentioned date with dabbour council Mem^^ rme,“he™ ^?rrunaServices Greg Gappa. City Engineer Tom Kellogg and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) CONSENT AGENDA Items 10.11.13. 15.19. 20.21.22.24. and 27 were added to the Consent Agenda. Kelley moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE; Ayes 4, Nays 0. PUBLIC HEARING (#2) EMERGENCY WARNING SIRENS, CONDITIONAL USE PERMIT - RESOLUTION, 7:05 p.m. -7:15 p.m. rs;—-s ~ Commission and holding the public hearing at the August 24 Council meeting. rd^LTntloSrroaS"^^ the metro sewer lift station. Goettcn inquired why one of the sirens was not being Installed In the western part ot the City as had previously been discussed. Moorse remarked it the siren were installed In the western part of the ^ overlap into Independence and not provide the best coverage lor the cil.zens of Orono. Mayor Jabbour open the item up for public comment. A citizen inquired how close to Stubbs Bay Road the siren will be installed and whether the siren could be moved to the northwest corner away from the houses. Moorse Indicated Cty Staff has taken Into account the area 1^ ffSe slr^n was roSnle to hill away from trees. Goetten commented the City Council needs to ensure proper coverage for the City. Page 1 (Emergency Warning Sirens, Continued) weather, noting the City Co?ncifwould ‘he severe.-----•■'""■■y liic '-iiy ^..ouncil would like to takp a nr« . ”«>"icu or me sev sirens m the appropriate areas to warn c^^Pn! • f '"stall emergency wamino '''aruaie whether the elren «>- Staff atiti provide the best coVe7a ’ge “ toThat'aroX ««' somewhat and y ated he was m favor of mslatling the sirens as proposed by City staff. the tocatton™fthX sI^enXSe^Xs'2ha'iio^"' and suggested City Stinstallation. uiiy staff review to eteciricat, noting eXcMcal ac"ces°s'mthT^rt^ avlilablLXf'rocaro?^^^^^^^^ “““ tt was noted by a citizen in the aud.ence that electricat is avaitabie by the baiifietd. ed the srrens have amved and are ready to be instaiied within the next few weeks. in wvere^aThw 'Mayo?lbbrr"rqul^^^^^ sfaTr'“' "?hactivated ensure that they will provide the best possible coverage a^an^ble^ P^°P°sed locations of the siren to they are function^g correctly^*^° activated the first Wednesday of every month to ensure that subject to review by CItv Staff to pneurA djacent to the Metro sewer lift station VOTE: Ayes 5, Nays 0. optimum coverage at these proposed locations. PARK COMMISSION COMMENTS Sg'^Sto Commiss,on. noti fhinksmXSger pX7o^d7:iS ZZlluorfM not feasible due to the landfin ^ ® "’^er deveinnmpn. noting ission noting other development on that land is wiSF' Se?pTk’’'Ttaba'l IWinter, with construction in 1999. Planned for bidding this Flint inquired about the condition of Springnill Park trail. White stated Erickson was going to walk the site but has not reported back to the Park Commission SKastin c'omterer "'al work on clearing trees on the Page 2 L ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (Park Commission Comments, Continued) comp^eted^^^*^ concerns that this area be reviewed periodically to ensure that this project be ensure Springhill proJect as well as proceeding with the Eisinqer property, and suggested monitoring the property for methane gases. ^ Kelley commented the School District should be approached as well about park/ballfield use on the Eismger property before proceeding much further with the Eisinger property "'®'° “It »:I m '"'''*''9='* monies White indicated he would be willing to work on this project with City Staff. LAKE MINNETONKA CONSERVATION DISTRICT Lili McMillan addressed the City Council regarding the LCMR application which has been denied. McMillan stated while no official reason has been given for the denial, possible reasons whv the dr<:Sfart '^^^f open-ended application with no specific site identified rumors of dissatisfaction from citizens, and a high funding request of 5 million dollars. Mayor Jabbour noted there is not strong local support for this project. It °n-going regarding improving the bridge and area by the Grays Bay Manna. They are in the design phase at the present time. yuiev:,ray5 Ihp'!l!'.'rhal ° recently conducted a shoreline count which reflected a decline in rnnl^i ^ watercraft stored on Lake Minnetonka and are considering conducting a shoreline count next year to verify the accuracy of the count. 5»noreiine Mayor Jabbour stated in his experience Lake Minnetonka has more boats now than it has had in the past and in his opinion the count is not accurate. McMillan stated the LCMD staff conducted the count and she is not aware whether all shorelines counted and should be re-evalualed. Mayor Jabbour inquired what numbers the LCMD arrived at. MSrnkTsfncnOTe""'^ 0" Lake ^ 9ercen, ,evv cou,b McMillan stated she has recommended reducing the levy by using some of the research that further.reserves and will Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998 (Lake Minnetonka Conservation District, Continued) Mayor Jabbour stated the LMCD should work more closely with the City in the future. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF AUGUST 10,1998 Kelley moved. Peterson seconded, to approve the minutes of the Regular City Council meeting of August 10,1998, as submitted. VOTE: Ayes 4. Nays 0. PLANNING COMMISSION COMMENTS nras™a^'"on City Council If PUBLIC COMMENTS Chippewa Lane. Maple Plain, addressed the City Council regarding concerns stafPrt aftf °ih road due to the ongoing construction in that area Anderson rema^kPH ch^ rainstorm the road was inaccessible due to the condition of the road Anderson rnTftm ^ Mortenson. the head engineer on the project about her rf on! f Mortenson and was told the road was passable at the present time Sn a day of ?wo®"°''^ ® 'o^d. which could be hauled^n Kelley noted the agreement with the contractor required that the road be passable. road wilfbe^mf ensured him that the condition of the Moorse commented the County should be notified if no action is taken by Wednesday. Goetten stated she will check with Gappa on Wednesday to see what steps have been taken. ZONING ADMINISTRATOR'S REPORT Re°^Se'd7eS^^^^^ nS'?i« CONDITIONAL USE VOTE; Tves^i 'nI^ o" Application S2370 per Resolution A414J. Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (#5) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCE - RESOLUTION NO. 4144 David Rahn was present. City Council has reviewed this application at its July 27.1998 meeting and Van Zomeren stated total hardcover would be 2.482.75 square feet or 31.3 percent noting the amount of hardcover in the 0-75 ’ zone be credited against the hardcover in the 75 ’-250' setback. Kelley questioned whether there might be a need for retaining walls along the slope of the driveway. Goetten suggested a contractor be contacted to look at the property. "^'^^ssary. it would be along the south side of the driveway and would possibly require a foot and a half high retaining wall, noting he was a contractor for 15 years. llJf^rmpH p??h ^ Stated he has serious problems with this application in that the Applicant was informed at the time the residence was constructed that his future hardcover was Hmited Jabbour that dtizans In the future ntight construct their residenclMo th?m1ximum hfllrirnvp^Ip ^ '3'®*’‘'"I® request additionalhardcover for a garage because it has been stated that all people in Minnesota deserve a garage. nn.?nnl^l! h “ Council about his plans for a future garage no mg that his plans all along called for a garage to be built in the future. Rahn commented hfs hardcover was not reduced by subtracting the amount in the 0-75' from the 75'-250' area until the last comment anhe last City Council meeting before the Resolution was passL and he wasSti believe he had 1.000 square feet of available hardcover after the residence was constructed. Mayor Jabbour stated he was entitled to 25 percent hardcover. thf nrnnnf Understands the City Council's position, but is in need of storage space noting the proposed garage is smaller than the minimum standards for an average garage in Minnesota^ building^*^^ construct a buildind pad and build a 20' x 20' storage Van Zomeren stated the accessory structure cannot exceed the height of the principal structure. Rahn commented he could construct it without a sidewalk to reduce hardcover. Page 5 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (#2390 David Rahn, Continued) Mayor Jabbour stated the sidewalk is required due to weather concerns. Mayor Jabbour stated when an item is sent back to the Planning Commission for reconsideration, the views of each member of the City Council should be relayed to the Planning Commission. Goetten commented she thought the views of the City Council were clear, noting the minutes of the meeting might not have been available for review at the Planning Commission meeting. Flint stated he is not in favor of this application due to what was agreed to the last time in the resolution. Mayor Jabbour suggested the Applicant build what he can without a variance Goetten noted this is a limited piece of property and the Applicant was requested to work with City Staff to help resolve this issue. Rahn stated he would like to build a garage and is willing to reduce hardcover but has been informed that a sidewalk and a driveway are necessary. Rahn remarked he has spoken with Mike Gaffron and was told he could construct a 24'x 24' garage facing the street with a 20' long driveway. 16' feet wide, which is a reduction from what he was prcpccino originally. Mayor Jabbour inquired what he could construct to meet the hardcover criteria Van Zomeren stated he would have 484 square feet available for the garage, 173 square feet for a driveway, no apron and no sidewalk. Sandra Smith. Planning Commission Representative, stated he has the option of reducing it to a one-car garage. Kelley stated the garage needs to be located at least 10 feet from the street, noting he is in favor of a 22' X 22' garage. Kelley stated a mistake was made in not considering the garage at the time of the original application Kelley moved, Goetten seconded, to approve Application #2390,1385 Rest Point Road, to construct 22* x 22* garage with walkway, driveway and apron as proposed. NO VOTE TAKEN. Mayor Jabbour stated he would vote against the application Goetten inquired whether the intent of the motion was to rescind what was in the resolution to a higher hardcover number. Kelley stated yes. Rahn noted the 657 square feet was not the number that was discussed at the time the resolution was passed, but rather 1.000 square feet. Kelley suggested removing the square feet of the shed to be removed from the total hardcover. Van Zomeren indicated that has already been done. Van Zomeren stated the Applicant needs 18 feet from the street in order to park a vehicle in the driveway. Rahn stated he would be willing to reduce the 3 foot apron at the back of the garage down to 1 foot. Page 6 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (#2390 Dsvid Rahn, Continued) which would reduce it by 38 square feet, or remove it altogether. Ayes 2, Nays 3, Goetten, Jabbour, and Flint opposed. Mayor Jabbour moved, 'J: g°,„geTne*omTp“^^ dJ'veway." ::d%“str,ro7Xl “.o°r > souare ,ee. o, addlUona. hardcover. NO VOTE TAKEN. van Zomeren stated in order to comply with the 25 percent. t05 square feet stilt needs to be reduced. Moorse stated the drivev^ay could be narrowed to 20 feet wide. Rahn asked the City Council for clarification. Mayor Jabbour stated he could construct a 20' x 20' garage, a 20' wide driveway, one foot apron, and the sidewalk as drawn in the application. ;'JSSv -» Goetten and Flint opposed. „6) tf2391 EVAN ANDERSON. 1260 SPRUCE PLACE - VARIANCE - RESOLUTION NO. 4145 Mr. and Mrs. Anderson were present. Weinberger stated this application ihe^ paUol^^^ Tdeck that was removed patio to remain in the 0-75 ‘ distance from lakeshore setback tor szs; zoning district and consists of .27 acre. Planning Commission recommended ^PP^ova' ^g.^^gS^’emacrt'r hardcover. Mrs. Anderson stated the drawing is inaccurate in that one retaining wall is actually a sidewalk. Mr. Anderson slated tne retaining wails were reconstructed out of concrete, noting what currently exists is less than what was there previously. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 ^1 (#2391 Evan Anderson, Continued) neighborhood. Mr. Anderson remarked they have experienced lots of water drainage problems in the past. Goetten inquired whether vegetation could be utilized to aid in drainage. Mrs. Anderson stated in her view vegetation would not benefit their situation and the driveway needs to be elevated to channel the water into the street. Mayor Jabbour commented Lake Street has problems with water drainage. Kelley stated he is in favor of the application. Kelley moved, Flint seconded, to approve Application #2391,1260 Spruce Place, per Planning Commission's recommendations, subject to the imposition of double permit fees, and adopt Resolution #4145. VOTE: Ayes 5, Nays 0. (#7) #2398 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT/LAND ALTERATION - RESOLUTION NO. 4146 Mr. Oberhauser, Representative of Wayzata Country Club, was present. Van Zomeren stated the original conditional use permit for this property was issued in 1968. This application has been reviewed by the Planning Commission who has recommended approval of the application. Expansion of the three pond areas will be reviewed after the engineering work has been submitted and reviewed by Staff and the Planning Commission. Mr. Oberhauser had no comment. Goetten moved, Peterson seconded, to approve Application #2398, Wayzata Country Club, 200 Wayzata Boulevard, per Staffs recommendations as outlined in the August 19,1998 report, and adopt Resolution #4146. VOTE: Ayes 5, Nays 0. (#8) #2402 GLENN SAUER, 4104 HIGHWOOD ROAD, VARIANCE - RESOLUTION NO. 4147 Mrs. Sauer was present. Weinberger stated the Applicant is requesting to construct a new 22* by 28' two-stall garage to replace the existing an 22' by 15' garage that was damaged by a storm in late spring. An existing 178 square foot storage shed will be removed subject to the next garage being built. Hardcover will remain at 48.4 percent in the 75'-250' where 25 percent is allowed, which will require a variance. A variance to allow an accessory structure located closer to the road than the principal structure is also needed as well as a variance to allow encroachment of a structure within the front yard setback. The new garage would be built in the same location as the existing garage, seven feet from the front lot line where ten feet is required. Mrs. Sauer had no comment. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998(#2402 Glenn Sauer, Continued) Goetten moved, Flint seconded, to approve Application #2402,4104 Highwood Road, per Resolution #4147. VOTE: Ayes 5, Nays 0. (#9) #2404 OTTEN BROTHERS NURSERY, 2350 WAYZATA BOULEVARD - COMMERCIAL SITE PLAN REVIEW The Applicants were not present. Mayor Jabbour moved, Goetten seconded, to table Application #2404. VOTE: Ayes 5, Nays 0. Mayor Jabbour stated the adjoining property owners will be notified of the new hearing date. Van Zomeren requested a 60 day extension be granted since the Applicants were not present, noting the time limit will expire September 19th. Tom Barrett. City Attorney, stated the City could request an additional 60 days since the Applicant was not present. (*#10) #2407 LANE AND KELLY MOORE, 3438 LIVINGSTON AVENUE - VARIANCES - RESOLUTION NO. 4148 Kelley moved, Peterson seconded, to approve Application #2407, 3438 Livingston Avenue, per Resolution #4148. VOTE: Ayes 4, Nays 0. (*#11) #2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 4149 Kelley moved, Peterson seconded, to approve Application #2409,1225 Shoreline Drive, per Resolution #4149. VOTE: Ayes 4, Nays 0. (*#12) INTERIM USE ORDINANCE - ADOPTION Kelley moved, Goetten seconded, to table Item #12. NO VOTE TAKEN. Goetten withdrew her second. Flint stated he has concerns with the language contained the document, noting the ordinance does not conform with the language in the statute, and requested further review by City Staff. Flint commented the criteria for interim use should be spelled out. Kelley moved, Goetten seconded, to table Item #12. VOTE: Ayes 5, Nays 0. (Recess taken from 8:58 p.m. - 9:07 p.m.). Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998 MAYOR/COUNCIL REPORT »" «>« P“»'ic <he City Council regardless of what their hardcover limit ic m=, ° ® garage on their property cons^arod a, ,ne san.e ,in,e ,ha, .he appiicaiioKrS^rcrsSd'io^ Iv^S^ra^s'in ga.age befng Sed fnhXtlm fdSISnalSMver' Kelley suggested city stall review this issue. Van Zomeren staled most other cities do not regulate hardcover. htra^Zr^rry^^'^e^ lhrciVco ‘!!’nd “af >« 'he B-5 zoning district and revising the Comprehensive Plan rather than acting on a cLefy caTe'ba^ hi ililrlil iiSr id^are “'o'ruTer Mayor Jabbour staled he would like City stall to continue to review the Comprehensive Plan Kelley commented the Codes need to be adhered to and spelled out clearly. Road and CoimyRMd'^lTaidTno*^ accidents that have occurred around Orono Orchard County Road 15.inquired whether something could be done to help direct traffic onto indicated additional sig^ns°might cause mor^c^nfuslon d signage in that area who has with the construction. Moorse inSd concpm^ ? the amount of signs currently there becoming more dangerous il people were out directing traffic ?n lha'tam" sl“sreached. Goetlen suggested a consultant be hired to look at the situation. siluahon^'^'*'’ P"*’ Bonestroo has been asked to submit proposals lor an analysis ol this Flint suggested MnDol consider adding a Park and R,de on County Road 6 i onl^ims'ama'’ ^"0 m the future, was unsure whether MnDot would install Moorse indicated a Park and Ride has been d.scussed lor the East Wayzata Boulevard exchange. Page 10 ORONO cirr council meeting MINUTES FOR AUGUST 24, 1998 (Mayor/Council Report, Continued) Mayor Jabbour suggested a plan be presented to MnDot and requested City Staff to review this matter further. Kelley inquired about the status of the stoplight on Crystal Bay Road and when it will be installed. Kellogg stated the project has been delayed and will check with MnDot on the status. Kelley stated he would like an approximate finish date for the project by the end of this week. Kelley inquired about the status of the Ferndale Road project. Kellogg stated the preliminary design is completed. The western edge of the new roadway will not extend beyond the western edges of the existing roadway. Kellogg stated the plan is to execute and replace one segment of the road base at a time. Mayor Jabbour suggested the performance criteria regarding keeping the road passable be spelled out in the bid. Kelley inquired when the Highway 6 project will be completed. Gappa stated by the end of September it should be ready for paving. Mayor Jabbour commented school buses will be driving on the road soon and it should be in good shape to handle the traffic. Kelley inquired whether the City Council should take steps to improve the condition of Lake Street. Mayor Jabbour noted Lake Street in reality is a fire lane, noting people in the area were opposed to improvements to the street feeling people would use that road to launch boats into the lake. Gappa stated some work has been done to improve the condition of the road. ENGINEER REPORT (#14) ORDER PREPARATION OF A FEASIBILITY REPORT FOR ORONO ORCHARDS SANITARY SEWER PROJECT - RESOLUTION NO. 4150 Gappa stated a neighborhood meeting was held where the options available to them were explained The estimated costs per unit for sewer are aoproximately S22.000 plus SAC fees of SI 050.00 per unit. Gappa stated every sewer system in the area was non-conforming with some systems failing and half on holding tanks, with an urgent need to bring these systems into conformance. If sewer is not installed, half of the properties may need holding tanks Gappa stated a petition has been brought by the residents requesting some contribution by the City, noting the value of the homes in the area range from under S1 50.000 to over $300,000. Goetten noted the property owners were opposed to sewer in the past due to the costs associated with the project, and inquired whether other properties could be included in the project. Mayor Jabbour commented the City currently does not have any criteria in place for determining th 3 amount of contribution by the City based on the value of the home, noting the City has assessed an Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (Engineer Report, Continued) amount in the past that they have deemed to be fair and equitable for the benefit received. Gappa stated the majority of the homes in the area need sewer and have limited possibilities for septic system replacement, which leaves the City with no other option but to proceed with this project. Kelley requested City Staff develop an assessment formula for this project. Flint inquired whether the project could be extended up to Woodhill by the Country Club. Kelley stated the Country Club is currently sewered. Mayor Jabbour stated it is his opinion sewer should not be forced on a property owner unless it Is needed. Kelley moved, Goetten seconded, to approve Resolution #4150, a Resolution Ordering Preparation of a Feasibility Report for the Installation of Municipal Sanitary Sewer to Serve the Orono Orchards Area. VOTE: Ayes 5, Nays 0. (•#15) SCHEDULE PUBLIC HEARING FOR ORONO ORCHARDS SANITARY SEWER PROJECT -RESOLUTION NO. 4151 Kelley moved, Peterson seconded, to schedule a public hearing for September 28,1998, at 7:00 p.m., for the Orono Orchards Sanitary Sewer Project, per Resolution #4151. VOTE: Ayes 4, Nays 0. (#16) ORDER PREPARATION OF A FEASIBILITY REPORT FOR HEAD SANITARY SEWER PROJECT - RESOLUTION NO. 4152 Gappa reviewed his August 24, 1998 report regarding a request by Doug and Martha Head to obtain municipal sewer. Mayor Jabbour recommended they be charged for two SAC units since there are two occupied residences located at the property, noting that in the past the City has charged a separate sewer unit for each unit hooked up. Gappa commented one dwelling is the main residence and the other is a guest house. Kelley noted both systems are non-conforming, and inquired what their options would be. Goetten stated they could put in a holding tank Kelley recommended advising the Heads that they have the option of installing a holding tank for one residence and assuming the full cost of the sewer assessment on the other dwelling. Mayor Jabbour stated both structures should be hooked up to sewer, noting the City needs to be consistent in what they charge each property owner. Goetten recommended the City Council not approve this until all other issues are cleared up. Page 12 I ■■ tMTt« HMt at ffll I bM *T-« I ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (Preparation of Feasibility Report, Continued) subdivided in the future and treat it as a variance. Mayor Jabbour suggested City Staff draft a document which would preuent future subdivision of this property. Kelley raised concerns if the property is sold in the future anrj the new owner wants to tear down both Luctures and construct a new residence, how that would be treated. Moofse stated only one house could be constructec. Van Zomeren stated you cannot have two principal structures on one lot. Mayor Jabbour recommended if two hookups are desired, they should be charged for two units. Kelley stated the property owners need to bring the sewer into conformance for both structures. Goetten stated she was not against providing sewer, noting clear language needs to be included in the Resolution which would prevent future subdivision of this property. Mavor Jabbour suggested the City Administrator talk to the Heads to see if they would be agreeable to the inclusion of me proposed language preventing future subdivision of the property. Mayor Jabbour moved, Kelley seconded, to approve RESOLUTION Orderina Preparations of a Feasibility Report for the Installation of Munlcip ry SewV; to LTce the Head Property at 2090 Shoreline Drive. VOTE: Ayes 5, Nays 0. (#17) SCHEDULE PUBLIC HEARING FOR HEAD SANITARY SEWER PROJECT - RESOLUTION NO. 4153 Gappa noted a public hearing needs to be scheduled to assess the sewer charges. Mayor Jabbour moved, Kelley seconded, to schedule a public 1998, at 7:30 p.m., for the Head Sanitary Sewer Project per Resolution No. #4153. (#18) APPROVE CONSTRUCTION OF SHORT COURT BASKETBALL COURT AT CRYSTAL BAY PARK Goetten inquired how close the basketball court would be to the play equipment located in the park. Gappa stated the basketball court would be constructed directly north of the post office away from the play equipment. Moorse remarked this is included in the master plan for the park. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998 (Short Basketball Court • Crystal Bay Park, Continued) Flint moved, Kelley seconded, to approve construction of a short court basketball court at Crystal Bay Park to be funded from March for Parks proceeds and Park Dedication funds. VOTE: Ayes 5, Nays 0. (*#19) REQUEST FOR PAYMENT #10 - NORTH LONG LAKE SEWER PROJECT Kelley moved, Peterson seconded, to approve Payment #10 for the North Long Lake Sewer Project to Barbarossa & Sons in the amount of $50,199.30. VOTE: Ayes 4, Nays 0. (*#20) REQUEST FOR PAYMENT #8 - BRACKETTS POINT SEWER PROJECT Kelley moved, Peterson seconded, to approve Payment #8 for the Bracketts Point/Bay Ridge Sewer Project to Barbarossa & Sons in the amount of $16,503.69. VOTE: Ayes 4, Nays 0. (*#21) REQUEST FOR PAYMENT #1 - (SHORELINE) HERITAGE DRIVE SEWER PROJECT Kelley moved, Peterson seconded, to approve Payment #1 for the Heritage Drive/Shoreline Sewer Project to G.L. Contracting in the amount of $51,367.36. VOTE: Ayes 4, Nays 0. (*#22) REQUEST TO RECEIVE ADVANCED STATE AID FUNDING - RESOLUTION NO. 4154 Kelley moved, Peterson seconded, to approve the request to receive advanced state aid funding for the Ferndale Road project per Resolution No. #4154. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT (#23) DESIGNATION OF MCWD LIAISON Flint volunteered to serve as MCWD Liaison Kelley moved, Goetten seconded, to appoint Flint as MCWD Liaison. VOTE: Ayes 5, Nays 0. (*#24) APPOINTMENT OF 1998 PRIMARY ELECTION JUDGES - RESOLUTION NO. 4155 Kelley moved, Peterson seconded, to approve the appointment of the 1998 primary election judges per Resolution No. #4155. VOTE: Ayes 4, Nays 0. (#25) AGREEMENT WITH HENNEPIN COUNTY FOR CITY ASSESSING SERVICES Goetten moved, Peterson seconded, to approve the two year agreement with Hennepin County for the provision of assessrr.ent services, and to authorize the Mayor, City Administrator and City Attorney to finalize an agreement with the County. VOTE: Ayes 5, Nays 0. Page 14 r ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998 (#26) REQUEST BY THE PLANNING COMMISSION FOR A JOINT WORK SESSION REGARDING REVISIONS TO THE INDUSTRIAL DISTRICT CODE Mayor Jabbour staled in his view a joint work session is needed with the Planning Commission. Moorse stated they are in the process of studying the industrial district and how their uses should be limited. City Staff was directed to eliminate any objectionable uses, which has been done. Moorse stated two property owners were present at the Planning Commission when this item was discussed. Kelley commented the City would like the input of the affected property owners. Mayor Jabbour inquired whether any other issues should be discussed at the joint work session. Moorse noted the moratorium on future development expires September 15th. and the City Council may want to extend the moratorium. Mayor Jabbour recommended extending the moratorium a minimum of 30 or 45 additional days. Moorse suggested September 23. 1998. at 8:00 a.m.. for the joint work session. Mayor Jabbour directed City Staff to notify the affected property owners of the work session. Flint suggested the City Council may want to consider this as a TIF district. Barrett commented if the zoning is changed, it may make some properties non-conforming. (*#27) POLICE BICYCLE PURCHASE Kelley moved, Peterson seconded, to approve the purchase of one police bicycle from Smith/Wesson for the amount of $799.00, to include lighting for $120.00, for a total of $919.00, from the Police forfeiture fund. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT (•#28) LICENSES Kelley moved, Peterson seconded, to approve the club firearm use permit for Park Gun Club, 3600 Sixth Avenue North. VOTE: Ayes 4. Nays 0. (*#29) SILLS Kelley moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. Page 15 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 ADJOURNMENT Kelley moved, Peterson seconded, to adjourn the meeting at 10:45 p.m. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 16 COUNCIL f -'.’ REQUEST FOR COUNCIL ACTION SEP 14 lyys ciTvcr DATE: September 11, 1998 ITEM NO.: ^ Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description:^2383 Gary and Christine Valerius 3750 Bayside Road _____Final Plat Resolution for Two Lot Subdivision The applicant has fiilfulled all the conditions set forth in the preliminary approval resolution, ResoluUon No. 4101. The Minnehaha Creek Watershed District reviewed the subdivision and determined that no retention pond was required. The required fees are as listed: Park dedication fee Legal Review $4,900 $ 200 Final Plat Fee $ 200 Sewer Connection $14,665 Total:$19,965 Staff recommends approval of the final plat, Valerius Addition, subject to findings and conditions set forth in the enclosed resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution. Attachments A RESOLUTION APPROVING THE PLAT OF VALERIUS ADDITION AND A LOT WIDTH VARIANCE FOR LOT 1 FILE NO. 2383 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of the land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a two lot plat by Gary R. Valerius and Christine M. Valerius, husband and wife, hereinafter ("the subdividers"); and WHEREAS, the subdivision has been found to meet the intent of the LR-1 A, Single Family Lakeshore Residential 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 by granting a lot width variance of 19' to Lot 1 where 200' is the minimum lot width requirement and the lot width is 151' at the 50' front yard setback and the lot width is 181' at the 50' front yard setback including the driveway easement; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1 Completion of all the requirements of Resolution No. 4101. 2. 3. Dedication on the plat of drainage and utility easements. Dedication to the City of flowage and conservation easements providing for limitations on the use of the wetlands described therein as shown on the plat as "drainage easement." 4. 5. 6. A covenant prohibiting lake access to Lot 1. Payment to the City of a park dedication fee of $4,900.00 Payment to the City for the final plat legal review and filing of the plat, easements and covenants in the amount of S400.00. Page 1 of 2 [i ! I 7. Payment to the City of a sewer connection charge for undeveloped Lot 1 of $14,665.00 based on the 1998 fee. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Valerius Addition, Hennepin County, Minnesota, subject to the following conditions: 1. Lot 2 is served by a private driveway. Lot 1 shall be served by the existing easement. No new curb cut shall be allowed for Lot 1. 2. 3. 4. 5. A driveway easement on Lot 1 provides access for an adjacent residential property. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. The building envelope for Block 1, Lot 1, Valerius Addition, shall be defined by the required setbacks for the LR-1A Zoning District. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registrar of Titles on or before March 14, 1999 together with a certified original copy of this resolution. 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. Dated this 14th day of September, 1998. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) Gabriel Jabbour, Mayor ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of September, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 Denotes Iron mon 8 shown ore based JUL-Q6-1S?3 17:03 MIMMEH h H h CPEEI Mh TEPSHEE' MCWT) PERMIT APPLICATION; 98-98 bll'4710.£.;52 P.Q4 04 REPORT DATE: 6-30-98 Applicant: Christine Vaierius -3750 Bavside ko'ad • ■ • -Orono. MN 55364 Location: Esavne) PID; .05-117-23-02 Representative; Coffin &. Grrmhfirp> 482 Tamarack Avenue Long Lake. MN 55356 Subwatershed: U-10 SubSubwatersfaed; Applicable Rules: Rule B. Stormwater management Exhibits Received: Site plans Runoff calculations Preliminary city approval Mailing labels Application Received: Xune 18, 1998 Application Complete: June 29, 1998 Noticing Requirements: Mailed to residents w/in 600’ of project on: 7-01-98 Wetland Conserv ation Act Notice mailed on: Reviewed by: Mike Panzer, Steve Schmunk, Jim Hafner Project Review Status by Other Governmental Units: Preliminary approval, City of Orono DNR General Permit: Recommendations: Approval. I&juc pcrmil upon receipt of signed maintenance agreement Review & Summary': This project involves the division of a 4.5 acre parcel into two .teparate lots. The applicant is proposing to construct a stormwater treatment pond to provide both rate coniro! and water quality treatment A pond would not necessarily be the preferred method of meeting the provisions of Rule B given the low densitj' of the development and the fact that a significant portion of the site is wetland, but the applicant prefers this method. Review based on: 1 . Calculations dated June 27, 1998, atid received on June 29 , 1998. 2. Plan sheet dated June 27, 1998, and received on Jiuie 29. 1998. 1. Ruled Time*: Slaff S37.50 Engrs $48.00 Legal Mailing co.st.v: 'I'otal to date: S35 SO 5121 30 * Rule J fees cannot be collected from public agencies. Fees lisied in tliis report mav not be the final total incurred for the application. 34.85 TOTmL P.CU r > * CITY of ORONO Municipal Offices Post Office Bo* 66 Crystal Bay, Minnesota 5S3ZMI066 FLOW AGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this__day of---------------------»19-----, by and between R. Valerius and Christine M. Valerius-----and its heirs, assigns, and referred to as the Grantee.) WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the ng t to restrict and grantor(s) agree to limit and preclude the use, improvement and developmen und« the conditions and covenants herein contained, the following descnbed Land in the County of Hennepin and State of Minnesota: A. as follows: The Drainage Easements as dedicated to the public in Lots I and 2, Block 1, VALERIUS ADDITION. 1. Grantor(s) hereby covenant(s) and af^vvYs): No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state Oi tne land. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. No soil sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. B. C. D. Page 1 of3 r 2. No shall be made of ^e Land except uses, if any, which will not change or a ter Ae natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control soil conservation, fish ^d wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Gr^tee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage Se L^? privilege to trespass with water over and upon any or all of 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever the Grantee and any and all of its officers and employees of and from any arid all claims demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. covenants and resiriclionscontained herein may be enforced by injunction. P.1,- public should have any interest in the above land by virtue or this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: L STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. A This instrument was acknowledged before me this ^ V ^ j LINDA S.VEC noxwypublic -minmesota HENNWM COUNTYntKNtnN COUNTY w My Commission Expires J*n. 31.2CC0 K aaaaagaag:? » .notary public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. before, me this /O'^^ j e \Q a u.. /) . I r ----Lyj____ day of r4m JAMIE LGEMAR NOiARYnai&MiMSon MyCommlalwB»wj|ftai.ai NOT jTU V\^ PUBLIC STATE DEr.D TAX DUE HEREON; This instrument is drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 3 of3 ACCESS COVENANT Gary R. Valerius and Christine M. Valerius f7k/a Christine M. Brickley, husband and wife, hereby covenant to The City of Orono that Lot 1, Block 1, Valerius Addition, Hennepin County, Minnesota, will never be granted an easement over Outlot B Burger ’s Bayside, Hennepin County, Minnesota. Gary R. Valerius Christine M. Valerius l/k/a Christine M. Brickley STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this-------day of , 1998, by Gary R. Valerius and Christine M. Valerius f^k/a Christine M. Brickley, husband and wife. THIS INSTRUMENT WAS DRAFTED BY; PRECISION CLOSERS. INC. 4315 North Shore Drive Mound, Minnesota, 55346 (612) 472-3219 r ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 02 - #2368 Kirk Otteson - Continued) McMillan, Van Zomeren noted that the City Engineer has not reviewed this r-' “j'“ ®" '«>"■ ‘h' drainage uould be impacted if this addition was built Stoddard stated the Ctty Engineer may need to review this propertv to ensure that the drainage concerns are adequately addressed. he would be willing to reduce the current hardcover bv possiblv removing stoN awav^^^^^ «ihe to Phrn^n! r« — ^ that he has attempted to comply with the Planning Commissions requests. He questioned the top of the blufFlinc since the area under iscussion was very flat. Van Zomeren confirmed that the top of bluff uas detennined by a surveyor. Mc MiIIm stated she also is concerned about setting a precedent with the bluff ordinance if this application is approved as submitted. like to sec hardcover stay the same or be reduced, no encroachment into the bluff, and enclosure of the back deck. Hawn commented the ncu cntrvvvav is fine with the proposed addition not e.xtending beyond the red line. e.\tension to the red line unless the bluff line changes McMillan noted agreement with Lindquist. ^ Otteson stated he would be willing to comply with the red line and would submit revised drawings. c“frffTr°ottvT“ Lindquist moved. Smith seconded, to table Application 2368 to the July 20th Planniiw Commission meeting based on City Staff recommendation. VOTE: Ayes 6, Nays 0. (Agenda Item #3 follows Item #4.) SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS road - PRELIMINARY Christine and Gary Valerius were present. tiil!. the preliminary- sketch plan has been reviewed by the Planning Commission at Inr H‘ • Council at its May 26, 1998 meeting. The applicants arc proposing a two lot division that includes creating one new lot. A small portion of the parcel is locatcd^n the RR-1A toinHnf ? 'V^ remainder lying within the LR-IA zoning district. Van Zomeren noted the total lot area for Lot 1 consists of 2.23 acres, with 1.38 acres being buildable, Tlie newK created Lot I ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 (l?4 - #2383 Christine and Gary Valerius - Continued) will require a variance for wetland credit and lot width. Lot 2 consists of 2.28 acres, with 1.93 acres being buildable. Wetlands comprise a total of 1.2 acres for Lots 1 and 2. which will require standard drainage and wetland easements. Council had directed that the new lot could be sewered. An application has been made to the Watershed District for stormwater review. Van Zomeren stated the existing access to the site is a private drivew ay off of Bayside Road. The applicant needs to supply a well location map and a utility construction plan prior to final plat approval. Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County has approved the drive^vay access. Stoddard questioned the need for a lot width variance. Van Zomcren stated the combined lots fall five feet short of the required 400 feet for lot width. No additional land is available for acquisition to avoid the need for a variance. Van Zomcren noted only Lot 2 would have lake access. There were no public comments. Lindquist moved, McMillan seconded, to approve Application #2383 for a two lot subdivision of the property located at 3750 Bayside Road that includes creating one new lot, a lot width variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#3) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCE AND CONDITIONAL USE PERMIT, 7:52 p.m. - 9:04 p.ni. Mr. and Mrs. O’Keefe were present. Gaffron reported that the Planning Commission previously reviewed the applieation at its May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a variance and conditional use permit for grading w ithin five feet of a lot line and w ithin th. 0-75' lakcshore protected area to permit construction of a new residence to replace the existing residence. Gaffron stated the 0-75’ protected area exists on both sides of the lot which might constitute a hardship. At its last meeting the Planning Commission recommended that the Applicant limit the hardcover to 40% in the 75-250 setback, if possible, and to eliminate the •• kout. The Applicant has submitted a revised site plan which reverses the layout of the house and 'Minxes the walkout, with some proposed changes to the driveway to reduce the hardco\ er. GafTr .»! .* a hardcover variance, a conditional use permit and variance for excavation arc required. St iP*; -commended limiting hardcover to 6765 square feet, with the allowable hardcover in the 75-250 zone limited to 25%. Gaffron noted the revised plan calls for 42.8% hardco\ cr. If the 75 foot setback on both ends of the parcel is taken into account, the proposed hardcover would be around aa%. In order to grant a variance, the Planning Commission must determine whether a hardship exists with regard to the side setbacks. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (U6) 2364 John Serena, 4607 Watertown Road - continued Van Zomeren reported ten acres are necessary, with an addition to the findings that the zoning codes allow accessory structures where there isn't a density requirement. This structure is classified as a pool house, but is listed on the conditional use permit application form as a guest house. Mayor Jabbour suggested the term guest house be deleted to avoid confusion and classify it as an accessory structure. Goetten noted she did not have a problem with deletion of the term guest house. Van Zomeren stated she will amend die resolution to reflect that change. Goetten moved, Flint seconded, to adopt Resolution No. 4100, A Resolution Granting a Conditional Use Permit for John and Joan Serena, 4607 Watertown Road, with the resolution being amended to reflect pool house instead of guest house. VOTE: Ayes 4, Nays 0. (#7) 2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD - PRELIMINARY CLASS II SUBDIVISION - RESOLUTION NO. 4101 Christine and Gary Valerius were present. Van Zomeren stated this application is proposing a two lot division that includes creating one new lot, with a wetland credit and lot width variance being required for Lot 1. City Council reviewed the sketch plan previously. The property is zoned LR-1A in the front portion of the property with the remainder being located in the RR-1A zoning district, but for purposes of this subdivision, only the LR-1 A requirements apply. The property consists of 4.51 total acres, with 3.31 acres dry buildable and 1.2 acres in wetland. •• • The Applicants are proposing to create a new building site on Lot 1, which meets all of the LR-1 A zoning requirements with the exception of the lot width requirement. The surveyor calculated the lot width at the 50' setback without the easement to be 151' and with the driveway easement to be 181'. A variance is needed because 200' is not available at the firont property line nor the 50' firont setback line. The Planning Commission did recommend that the lot width variance be granted as well as a wetland credit. 8 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (*#4) WILLIAM BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES - RESOLUTION NO. 4098. Goetten moved, Kelley seconded, to approve Resolution No. 4098 granting variances to permit construction of a new residence on the property located at 1130 Loma Linda Avenue. VOTE: Ayes 4, Nays 0. (*#5) STEVE BECK, 2795 SHADYWOOD ROAD - VARIANCE - RESOLtJTION NO. 4099 Goetten moved, Kelley seconded, to approve Resolution No. 4099 granting a variance to permit construction of a lakeside deck on the property located at 2795 Shad)nvood Road. VOTE: Ayes 4, Nays 0. (#6) 2364 JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4100 John Serena was present. Van Zomeren stated the Applicant has purchased the adjoining lot and is in ^e process of making modifications to the existing residence which lies in the RR-1A zoning district. 'Tie Applicant is requesting a conditional use permit for a guest house that will be used as a pool house with the condition that the pool house not be used as a rental or dwelling unit. The Applicant is in the process of combining the two lots. The Planning Commission recommended approval of the application subject to the pool house not being used as a rental or dwelling unit, plumbing and heating be installed, and that the two lots be combined. • • Serena had no comment. • • Goetten commented she had no problem with the application but questioned whether the two lots could be subdivided in the future. Van Zomeren stated the zoning code prohibits subdividing the two lots once combined because die lots would not meet the 5 acre zoning requirement. Kelley questioned how many acres are necessary in order to have a guest house. ORONO CITY COUNCTT MEETING MINUTES FOR JUNE 22,1998 (U6) 2364 John Serena, 4607 Watertown Road - continued Van Zomeren reported ten acres are necessary, with an addition to the findings that the zoning codes allow accessory structures where there isn't a density requirement. This structure is classified as a pool house, but is listed on the conditional use permit application form as a guest house. Mayor Jabbour suggested the term guest house be deleted to avoid confusion and classify it as an accessory structure. Goetten noted she did not have a problem with deletion of the term guest house. Van Zomeren stated she will amend the resolution to reflect that change. Goetten moved, Flint seconded, to adopt Resolution No. 4100, A Resolution Granting a Conditional Use Permit for John and Joan Serena, 4607 Watertown Read, with the resolution being amended to reflect pool house instead of guest house. VOTE: Ayes 4, Nays 0. (#7) 2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD - PRELIMINARY CLASS II SUBDIVISION - RESOLUTION NO. 4101 Christine and Gary Valerius were present. Van Zomeren stated this application is proposing a two lot division that includes creating one new lot, with a wetland credit and lot width variance being required for Lot 1. City Council reviewed the sketch plan previously. The property is zoned LR-1A in the front portion of the property with the remainder being located in the RR-1A zoning district, but for purposes of this subdivision, only the LR-1 A requirements apply. The property consists of 4.51 total acres, with 3.?I acres dry buildable and 1.2 acres in wetland. • • • The Applicants are proposing to create a new building site on Lot 1, which meets all of the LR-1 A zoning requirements with the exception of the lot widtl; requirement. The surveyor calculated the lot width at the 50' setback without the easement to be 151' and with the driveway easement to be 181'. A variance is needed because 200' is not available at the front property line nor the 50' front setback line. The Planning Commission did recommend that the lot width variance be granted as well as a wetland credit. 8 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (§7) 2383 Christine and Gary Valerius, 3750 Bayside Road - continued The Resolution grants the subdivision wth the lot width variance conditioned upon certain items being submitted before fmal plat approval as well as a wetland credit. Goetten indicated she was in favor of this application. Kelley stated he is against this subdivision because he thinks this application is being approved based upon a technicality in the ordinance and not on a proven hardship. Flint expressed concern over the possibility of two driveways contained within the subdivision and the dual entryways on County Road 84. Christine Valerius stated she has spoken with Dave Zetterstrom from Hennepin County who informed her that Lot 1 may be served by a new driveway from Bayside Road or to keep the private driveway going to Lot 2, which would be their choice. Mayor Jabbour recommended keeping the existing curb cut and not adding to it. Flint suggested adding the condition that drive\\'ay access would be the existing common driveway serving the other two houses to the west vith the newly created lot sharing the same driveway access to avoid additional hardcover. Kelley questioned why the City Council should pass this application. Flint noted that the Applicant was requesting this subdivision before the City Council passed the new wetland credit ordinance. Goetten commented the City Council has passed applications similar to this one in the past. • • ^ • Goetten moved, Flint seconded to approve Application 2368 and adopt Resolution #4101, a Resolution Granting Preliminary Approval of a Class III Subdivision and Wetland Credit and Lot Width Variance for Property Located at 3750 Bayside Road, with the inclusion of language in the Resolution restricting driveway access to the present driveway. VOTE: Ayes 3, Nays 1, Kelley opposed. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (*#8) RICHARD AND MARIE BROWN, 2685 SHADYWOOD ROAD - CONDITIONAL USE PERi\HT - RESOLUTION NO. 4102 Goetten n«ved, Kelley seconded, to approve Resolution No. 4102 granting a conditional use pern it allow repair work to level an existing boathouse by replacing structural support posts on the property located at 2685 Shadywood Road. VOTE; Ayes 4, Nays 0. (§9) 2377 JOHN CHENOWETH, 3850 SHORELINE DRIVE - FINDING OF SUBSTANTIALLY SIMILAR USE/COMMERCIAL SITE PLAN REVIEW John Chenoweth was present. Van Zomeren stated the Applicant intends to purchase the property at 3850 Shoreline Drive which is presently being operated as Bay Furniture. The Applicant wishes to continue to operate a furniture and accessory store but has raised concerns about the restrictive nature of the B-5 zoning district which he would like addressed in the future. The Applicant is required to submit a landscaping plan, restripe the parking lot, and comply with the signage ordinance. Van Zomeren noted she did not find any previously prepared resolutions for a commercial site plan and finding of substantially similar use, so a resolution has not been prepared at this time. Kelley inquired why the Applicant needed to submit an application when the conditional use permit continues with the property. Van Zomeren stated the code presently reads gallery and has not been amended to read furmture store. The Applicant wanted to ensure that the City Council would not be opposed to the continued operation of a furniture store with the addition of home accessories at that location. Chenoweth stated the zoning district should be updated to accommodate other businesses that are compatible with the neighborhood. He expressed concern about future uses if the current business doesn't succeed. Mayor Jabbour commented the Applicant needs to realize the restrictive nature of the B-5 zoning district before he purchases the property, noting that the City Council is not prepared to make major changes to that zoning district. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 0 1 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND WETLAND CREDIT AND LOT WIDTH VARIANCE FOR PROPERTY LOCATED AT 3750 BAYSIDE ROAD - FILE NO. 2383 WHEREAS, Christine M. Valerius and Gary Valerius (hereinafter the "subdividers'') on April 16, 1998, filed a formal subdivision application \vith the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, Burgers Bayside Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time all persons desiring to be heard concermng this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 22, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. 2. 3. The property is located in the LR-IA Single Family Lakeshore Residential District and the RR-IA One Family Rural Residential District. For the purpose of subdivision and determination of future building sites, the LR-IA standards were used. The LR-IA District requires a minimum lot area of 2 acres of contiguous dr}' buildable land within each newly created lot. The property contains 4.51 acres vvith 3.31 acres of dry t lildable and 1.2 acres of wetland. The proposed plat consists of two residential lots that do not meet the dry buildable minimum lot area. A wetland credit is required to allow the wetlands on Lot 1 (1.38 acres dr>' buildable) and Lot 2 (1.93 acres dry buildable) to be credited to the required lot size for Lot 1 and Lot 2. Such credit is available to this subdivision per Zoning Code Section 10.55, Subdivision 15 (A) (3) which was in effect at the time of application. Page 1 of 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ 0 ^ 4. Lot 2 is currently served by sewer. Lot 1 can be connected to sewer. The subdividers shall be required to pay a sewer connection charge. 5. Lot 2 is currently served by a private driveway. Lot 1 may be served by the existing easen:j?nt. No new curb cut shall be allowed for Lot 1. 6. There is driveway easement on Lot 1 that provides access for adjacent residential property. 7. Lot 1 does not meet the 200' minimum lot width requirement of the LR-IA District. The proposed lot width is 151' at tlie 50' tront yard setback, excluding the driveway easement. The lot vvddth is 181' at the 50' front yard setback including the driveway easement. A lot width variance of 19' is required. 8. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted abo^'e, the City Council of the City of Orono hereby approves the preliminary plat application of Cliri ^ne M. Valerius and Gary Valerius per plat drawings of Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated March 25, 1998 as revised June 5, 1998, subject to the following conditions: 1. A variance for lot wi.ith for Lot 1 is hereby granted. 2. 3. 4. 5. Wetland credit for Lots 1 and 2 as noted above is hereby granted. Subdividers to grant flowage and conservation easement over wetlands in Lot 1 and Lot 2 and to show all utility and drainage easements. Subdividers to provide a utility construction plan and grading/erosion control plan prior to final plat approval. Subdividers are hereby advised that the City cannot grant final plat approval until a pennit has been approved by the Minnehaha Creek "Watershed District (MCWD) for all grading and drainage 'provements on the property. Pane 2 of 4 W 3. 4. ^CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 1 0 I____ The following list of final submittals shall be submitted to the Zoning Admuus^tor two (2) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. These submittals are as follows. 1 Record plat drawings in the form of nvo (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per survey by Mark S. Gronberg of C & Gronberg, Inc. dated March 25, 1998 and most revised date June 5, 1998. B. Dedication of "drainage and utility easements" 10’ \yide along cxtenor boundaries of property and 5' along the internal lot line. C. Designation and dedication of drainage easements over drainageways and wetlands. D. The naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat an a other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed drainage easements over drainageway and detention areas within plat. Signed and executed flow-age and conservation easement over designated wetlands. A covenant indicating that no lake access easement can be granted in favor of Lot 1. 5. Page 5 of 4 of^o m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 0 i 6.Fees to be paid: A. Final plat fee = $200.00. B. Legal review and filing fees for subdivision and associated documents = $200.00. C. Park dedication fee shall be determined by City Assessor. The subdividers shall be advised as soon as the Assessor ’s report has been filed with the City. Park dedication fee shall be based on 8%. If the value of Lot 1 exceeds $61,250.00, the park fee would be limited to $4,900.00. . D. A sewer connection charge of $14,665.00 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. ATTEST: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAHOIE A. HASEMAN & A'NOTARY FUBUC-V.i!^NES0TA » •< HENNEPIN COUNTY K My Ccmmissioii Expires Jan. 31.2K0 Notary Public Page 4 of 4 or%CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. i 0 i A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND WETLAND CREDIT AND LOT WIDTH VARIANCE FOR PROPERTY LOCATED AT 3750 BAYSIDE ROAD - FILE NO. 2383 WHEREAS, Christine M. Valerius and Gary Valerius (hereinafter the "subdividers") on April 16, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, Burgers Bayside Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 22, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. 2. 3. The propert>' is located in the LR-IA Single Family Lakeshore Residential District and the RR-IA One Family Rural Residential District. For the purpose of subdivision :ind determination of future building sites, the LR-IA standards were used The LR-IA District requires a minimum lot area of 2 acres of contiguous dry buildable land within each newly created lot. The property contains 4.51 acres with 3.31 acres of dry buildable and 1.2 acres of wetland. The proposed plat consists of two residential lots that do not meet the dry buildable minimiun lot area. A wetland credit is required to allow the wetlands on Lot 1 (1.38 acres dry buildable) and Lot 2 (1.93 acres dry buildable) to be credited to the required lot size for Lot I and Lot 2. Such credit is available to this subdivision per Zoning Code Section 10.55, Subdivision 15 (A) (3) which was in effect at the time of application. Page 1 of 4 m P*.CT CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^01_____ 4. Lot 2 is currently served by sewer. Lot 1 can be connected to sewer. The subdividers shall be required to pay a sewer connection charge. 5. Lot 2 is currently served by a private driveway. Lot 1 may be served by the existing easement. No new curb cut shall be allowed tor Lot 1. 6. There is a driveway easement on Lot 1 that provides access for adjacent residential property. 7. Lot 1 does not meet the 200' minimum lot width requirement of the LR-IA District. The proposed lot width is 151’ at the 50* front yard setback, excluding the driveway easement. The lot width is 181' at the 50' front yard setback including the driveway easement. A lot width variance of 19' is required. 8. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Christine M. Valerius and Gar>' Valerius per plat drawings of Mark S. Gronberg, a licensed sur\'eyor of Coffin & Gronberg, Inc. dated March 25, 1998 as revised June 5, 1998, subject to the following conditions: 1. A variance for lot width for Lot 1 is hereby granted. 2. Wetland credit for Lots 1 and 2 as noted above is hereby granted. 3. 4. 5. Subdividers to grant flow'age and conser\'ation easement over wetlands in Lot 1 and Lot 2 and to show all utility and drainage easements. Subdividers to provide a utility construction plan and grading/erosion control plan prior to final plat approval. Subdividers arc hereby advised that the City cannot grant final plat approval until a permit has been approved by the Minnehaha Creek \/atershed District (MC:WD) for all grading and drainage Lmprovements on the property. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ i 0 1 The following list of final submittals shall be submitted to the Zoning Administrator two (2) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. These submittals are as follows: 1. 3. 4. Record plat drawings in the form of tw'o (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 25, 1998 and most revised date June 5, 1998. B. Dedication of "drainage and utility easements" 10' wide along exterior boundaries of property and 5' along the internal lot line. C. Designation and dedication of drainage easements over drainageways and wetlands. D. The naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed drainage easements over drainageway and detention areas within plat. Signed and executed flowage and conservation easement over designated wetlands. 5. A covenant indicating that no lake access easement can be granted in favor of Lot I. Pace 3 of 4 CITYofORONO RESOLUTION 0| THE CjTY COUNCIL NO. A. Final plat fee = $200.00. B. Legal review and filing fees for subdivision and associated documents = $200.00. C. Park dedication fee shall be determined by City Assessor. The subdividers shall be advised as soon as the Assessor's report has been filed with the City. Park dedication fee shall be based on 8%. If the value of Lot 1 exceeds $61,250.00, the park fee would be limited to $4,900.00. . D. A sewer connection charge of $14,665.00 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • CAROLE A. HASEMAN >: i-: NOTAq’/PUBLIC-MINNESOTA : „ HENNEPIN COUNTY Commission £x;ires Jan. 31.20CO Notary Public Page 4 of 4 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator June 11, 1998 SUBJECT: #2383 Christine Valerius 3750 Bayside Road Preliminary SubdivisionA^ariance-Public Hearing Zoning District: LR-1 A, Single Family Lakeshore Residential District (2 acres) Note: A small portion of the parcel is located in the RR-IA zoning district. However, there is not enough land in this zoning district to have a buildable pad on either lot, only the LR-IA requirements apply to this subdivision. Total Area:4,51 acres Lot 1 Lot 2 Total Area 2.23 acres 2.28 acres Dry Buildable 1.38 acres 1.93 acres Wetland .85 acres .27 acres Driveway Easement .1 acres Application: The subdivision proposes a 2 lot division that includes creating one new lot. A wetland credit and a lot width variance is required for Lot 1. Pertinent Ordinances: Section 10.55, Flood Plain and Wetlands Management, Subd. 15., Land Development and Platting, A. Minimum Lot Area Requirements, (3) Area Credit for Flood Fringe in Sewered Areas Section 10.23, Subd, 6. B.: LR-IA District, Minimum Lot Requirements Section 11.03, Subd. 2,24, Definition of Minimum Lot Area LR'l A Zoning Requirements: Requirements:Lot 1 Lot 2 Lot Area= 2 acre minimum Lot Width= 200 feet 1.38 dry buildable, needs wetland credit 1.93 dry buildable, needs wetland credit 151' at 50 ’ front setback w/o easement 181 at 50' front setback with easement 214' at property line and 50' front setback A lot width variance for Lot 1 is required because the 200' minimum cannot be met. Lot Standards The existing homestead will be located on Lot 2 and will conform to minimum lot size requirements. Lot 1 to be created requires a lot width variance because 200' is not available at the front property line nor the 50' front setback line. The surveyor calculated the lot width at the 50' setback with and without the driveway easement. A suitable building pad exists for the new Lot 1 to construct a new residence that can meet all setback requirements. An accessory structure is currently located on what will become Lot 1. Accessory structures are not allowed on lots without a principal structure. The accessor • structure will need to be removed. Sewer The current residence on Lot 2 has sewer. A sewer line is locates .. Bay side Road. Lot 1 can be provided with sewer, subject to the applicant paying the sewer connection charge at the time of final plat approval. Drainage A niarsh/wetland exists of the north portion of the parcel. The wetland is approximately 1.2 acres in area. The applicant will need to provide conservation and drainage easements across the wetland. The Minnehaha Creek Watershed District will also need to review the subdivision to determine where stormwater ponding can be provided. Access The existing residence is provided vviih a gravel driveway frem Bayside Road. The surveyor has indicated that Hennepin County will allow a dri eway for the new parcel (Lot 1). r Engineer Review The consultant engineer has reviewed the proposed preliminary plat and requested the following information: 1. 2. 3. 4. Show the well location on the final plat for the residence on Lot 2. Provide a utility construction plan prior to final plat approval. Provide a grading and erosion control plan for fiie entire parcel prior to final plat approval. Applicant to consult with the MCWD to determine stormwater requirements. Final plat to incorporate MCWD recommendations. 5. Final plat to show all utility easements and drainage easements. Park Dedication Fee The City Assessor will need to review the plat and determine the fair market value. Staff Recommendation To discuss the proposed preliminary plat and the lot width variance. Attachments A Preliminary Plat A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND WETLAND CREDIT AND LOT WIDTH VARIANCE FOR PROPERTY LOCATED AT 3750 BAYSIDE ROAD - FILE NO. 2383 WHEREAS, Christine M. Valerius and Gary Valerius (hereinafter the "subdividers") on April 16, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, Burgers Bayside Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time ail persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 22, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. 2. 3. The property is located in the LR-IA Single Family Lakeshore Residential District and the RR-IA One Family Rural Residential District. For the purpose of subdivision and determination of future building sites, the LR-IA standards were used. The LR-IA District requires a minimum lot area of 2 acres of contiguous dty buildable land within each newly created lot. The propert}’ contains 4.51 acres wi»h 3.31 acres of dry buildable and 1.2 acres of wetland. The proposed plat consists of two residential lots that do not meet the dr}' buildable minimum lot area. A wetland credit is required to allow the wetlands on Lot 1 (1.38 acres dry buildable) and Lot 2 (1.93 acres dry buildable) to be credited to the required lot size for Lot 1 and Lot 2. Such credit is available to this subdivision per Zoning Code Section 10.55, Subdivision 15 (A) (3) which was in eftccl at the time of application. Page 1 of 4 4.Lot 2 is currently served by sewer. Lot 1 can be connected to sewer. The subdividers shall be required to pay a sewer connection charge. 5.Lot 2 is currently served by a private driveway. Lot 1 may be served by a new driveway Lorn Bayside Road, subject to final approval by Hennepin County. 6.There is a driveway easement on Lot 1 that provides access for adjacent residential property. 7.Lot 1 does not meet the 200' minimum lot width requirement of the LR-IA District. The proposed lot width is 15 T at the 50' front yard setback, excluding the driveway easement. The lot width is 181' at the 50' front yard setback including the driveway easement. A lot width variance of 19' is required. 8. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Christine M. Valerius and Gary Valerius per plat drawings of Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated March 25, 1998 as revised June 5, 1998, subject to the following conditions: 1. A variance for lot width for Lot 1 is hereby granted. 2. 3. Wetland credit for Lots 1 and 2 as noted above is hereby granted. Subdividers to grant flowage and conser%ation easement over wetlands in Lot 1 and Lot 2 and to show all utility and drainage easements. 4.Subdividers to provide a utility construction plan and grading/erosion control plan prior to final plat approval. 5.Subdividers are hereby advised that the City cannot grant final plat approval until a permit has been approved by the Minnehaha Creek Watershed District (MCWD) for all grading and drainage improvements on the property. Page 2 of 4 The following list of final submittals shall be submitted to the Zoning Administrator ttvo (2) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. These submittals are as follows: 1. 3. 4. 5. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include; A. Lot lines platted per survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 25, 1998 and most revised date June 5, 1998. B.Dedication of "drainage and utility easements" 10 ’ wide along exterior boundaries of property and 5' along the internal lot line. C.Designation and dedication of drainage easements over drainageways and wetlands. D. The naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. g Xhe applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed drainage easements over drainageway and detention areas within plat. Signed and executed flowage and conservation easement over designated wetlands. A covenant indicating that no lake access easement can be granted in favor of Lot 1. Page 3 of 4 6. Fees to be paid: A. Final plat fee = $200.00. B. Legal review and filing fees for subdivision and associated documents $200.00. C.Park dedication fee shall be determined by City Assessor. The subdividers shall be advised as soon as the Assessor's report has been filed with the City. Park dedication fee shall be based on 8%. If the value of Lot 1 exceeds $61,250.00, the park fee would be limited to $4,900.00. D. A sewer connection charge of $14,665.00 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. Notary Public Pace 4 of 4 M « V'- h z I Ul ta"31 1 1 S 89*4e'35" E 176.76 / e * H ‘«* »** C T 1 L 1 1. j N 89*44* 16 “ W 1 1 1 1 149.05 P 4l 1 1 1i 1 ! 1 1 •*11 1 */r1 8 1 1 1 1 1 I' 1 i l\1 I [ N 1 1 1 1 1 \i* 1 1 1 1 1 1 1 1 Ul I 1 1 i 1 11s•• • 1 1 f 1 1 h\ 1 1 11 1 • * i • O \: 1 i z 1 1 I1 1 .... ..•* t 1 1 1 •1 1 ;•1 1 1 :\ 1 1 ‘*1 \ ^ 1 S 89*44* 16“ E 145.50 PRELIMINARY PLAT certificate of survey for CHRISTINE VALERIUS OF LOT 2. BLOCK 1. BURGERS BAYSIDE SECOND HENNEPIN COUNTY, MINNESOTA addition N 89*35*41 “ W 236.71 R-3(r3.oq .. .. .. 84^ r Tbayside ROAn) , 1 TflAi nfsfffPTiOM nr ^ » tot 2. Btocfc 1. BURCCftS SCCOM) AOOtriON 0 : donotts iroo morkor Boorinqs titown art boitd upon on ossurricd datum. This Mrvty intinda to show tbt boundoritt of tb« abo«t dtscrtbtd property, and the locotion of on eiiatir^ house, shed, and qrore< diive«oy thereon, il do«t not purport to show ony other improvements or ertcrocchments. rVhrf* • 4.t0tS€it$ •r Ok #• . " r fs>^ 0t»*, t Xftr ^04 409 g ICWON OATC ocsovroN COFFIN k GRONBERG. INC. 1 KUCtr CCTTTY TMAf THS IPCCfXkrCH. OH «CWf MAS MCFAStO tr K OR tSCCR Wt OPCCT mPCAvOO* aK> t»iAr 1 AU A 0U.T UCCMCO MOrCSSQNAt. 00€tll iSCCA fS e(D jr ttrtAtm a trt OfUeM t»€ LAWS or ?>€ STAIC or MedSOtA OATt 3-25-98 lOO462 TAIIARACK AVOdX. tONQ LAXE. UN. 56336 0»€O(b ei2-475-4i41 OATt 4'J-fM . Ml UC&CL lOaCA V'r/ -------^ JUD 96-097 .^;V- i ^ i Bonestroo Rosene Anderlik & |\J I Associates Engineers & Architects June 8, 1998 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay MN 55323 Re: Valerius Subdivision File No. 139-2383 DearLiz: i>or,„roo. ^oser,e. Ana.m, Aucc.res. ,nc „ .n Aa.on E<,u., Oppor,un.,y Er.p,oy., C Anderhk. PE • M.vvm I So-v.,1., P£ . o'"" „r‘ " ° Schun.cnr. PE . Jerry A Bourdon PE .RoBeri w Rosene. PE ;snd Susfln M EOerlin, C PA Scr>.or Consult.ints AiincAfe Pnncp.,/, Howard A S.inford. PE • Ke.th A Gordon. PE . Robert R Pfefferle PE . R.Ch.rd ^ Foster. PE . Dp.d O LosVo,., PE . Robert C Russe.. AIA . L.'r" A Hanson P£ , M,cn.,el T R.,utrr,.,nn. P£ . Ted K E.e-d. PE . Kenneth P Anderson P£ . Mjrk R Ro.M pg J AtnYcM'“pr • “ ’ ^ - • Offices Si Paul. Rochester. Willmar and St Cloud, MN • Milwaukee. Wl Website wwwDonestroo com We have reviewed the preliminaiy plat for the proposed two-lot subdivision for Christine Valerius The site is located at 3750 Bayside Road (C.R.84) north of Bayside Road and south of the Luce Line Trad in the north half of Section 5. We have the following comments in regards to engineering may be appropriate from a safety perspccti\c to combine the two driveways and have just one access onto the County Road. Hennepin County should review and comment on the plans. 2. Utilities; The well location for the existing house should be shown on the final plans. Sanitary sewer exists dong the north side of Bayside Road. A service wye will need to be cut into Z exi.sting lO-jr.ch PVC .<;ewer to serve Lot 1. Utility construction plans should be submitted for rc VIC V"% * submitted for review 1 ne INWL and riV/L of the existing wetland on the north end of the property are 932 5 and 934 6 respectively The basement elevation on Lot 1 should be designed accordingly. Erosion control P in place prior to any grading, particularly along the wetland and County voad. Additional erosion control will be needed during construction of the home on Lot 1. draft version of the City’s Comprehensive Storm Water Management Plan (SWMP) shows that the site lies within the Stubbs Bay drainage district. 1 he south half of the "a 'The north half of the site drains northerly to an existing D^ric^ fMCWm"*^ f According to current Minnehalia Creek Watershed U.stnct (MCWD) niles. subdivisions larger than 2 acres require the constaiction of a NURP pond to treat stormwater from the site. This subdivision is larger than 2 acres and the MCWD f’hosphorous loadings leaving the site should be limited to a maximum °hon'M area map with pre and post development calculationsshould be suomitt-^d for review. Please contact me a Yours very truly. t (6044863) if you have any questions regarding this matter. roSoakoSENE. ANDERL.K & ASSOCIATES. INC. /£t^ Tom Kellogg^—^ Cc: Greg Gappa. City of Orono LVERT D ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#10) #2363 William H. Bockmann, 1130 Loraa Linda Avenue - Variances - continued Bockmaim asked if they could add 1’ to the two-car garage if they have to The two-car garage would be 21’ wide. He stated that Mr. Gounlaius had convinced Cornell that 22- was a State standard. Peterson responded that she did not wish to amend her motion. (#11) #2365 CHRISTINE VALERIUS, 3750 BAYSIDE ROAD - SKETCH PLAN Christine and Gary Valerius were present. Gaffron reviewed the proposal to create one additional lot from a parcel that contams 3.31 acres of dry buildable and 1.2 acres of wetland, and take advantage of the wetland credit. Th applicant wanted to submit a preliminary plat application but staff suggested a sketch^® because of the following issues: 1) whether the property would be -TTliinhe only one unit was assessed with the Stubbs Bay project, and 2) whether *e City s * Stubbs Bay sewer project was to create the possibility for wettod credits in *e ““ to allow subdivision if it were not possible without the wetland credit. Since the Ci^ proposing to take away the wetland credit, it was difficult to advise the applicant how to proceed if the credit were taken away prior to preliminary subdivision approval. Gaffron indicated another issue is that a neighboring property on L^dmark Drive was given Ae “redit that the applicant is proposing to use. An additional sewer unit was given to the second lot and a connection charge was paid. Planning Commission reviewed the application and referred to Council noting concern about the width variance. The front lot lines proposed at the 50’ setback we 185 m required. Options available to the applicant include acquiring is none available to make up two acres in each lot); asking Council to declare the I®' «wered property, grant the wetland credit and lot width variance; requesting a rezorung, or “'>'"8 Sof L property to an adjacent oivner to get the value out P™Pf.fy-Jhe ®PP ^ wants to proceed^with the application as proposed and use the wetland credit. Valerius filed a formal plat application on May 21, 1998. Council needs to address the following issues: •nr' ^'\ dirtw it tr» heIs the property considered sewered, and if not, will Council aliow it to be considered as sewered and grant the wetland credit: Should a moratorium be placed on the use of wetland credits, whic basically block the applicant’s request? Is granting a lot width variance a possibility? ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26,1998 (#11) #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan - continued Gaffron added that there woul^ be park dedication fees and sewer connection fees totaling approximately $20,000. Gaffron confirmed that the entire property is within the MUSA boundary. Christine Valerius distributed a handout stating her position and a letter supporting the subdivision signed by the neighbors. She compared her proposed subdivision to that of Mr. Evans on Landmark Drive noting that he was only granted one sewer unit; both her lots have more dry buildable than his; he had one lakeshore lot and so does she; access is off Bayside Road for both subdhisions; standards of the LR-IA zoning district are met; and she had twice as large a buildable envelope as Evans. She referred to the 15’ width variance stating that the existing driveway was the reason for the configuration. She could redesign the lot lines so that only a 1 ’ variance would be required, but it is aesthetically more pleasing to leave the driveway as it exists. She asked Council to declare the property as sewered and grant a variance for lot width. She expressed her concern that Council was changing the ordinance at the same time as her application. Jabbour commented that the applicant was proceeding with the thought that Council was against her proposal. He explained that the consideration to eliminate wetland credits was a result of the recent Carpenter subdivision. The City does not want to provide a vehicle to allow greater density in the two acre zones. The City was not aware that her application was coming before Council. Gaffron confirmed that discussions about the applicant’s proposed subdivision had taken place prior to Council ’s request to look at eliminating wetland credits. Kelley asked about the hardship for the width variance. Valerius responded that she wants to be able to sell the property and not have to change the driveway. Kelley stated he was not in favor of the subdivision and was not on the Council when the Landmark drive subdivision was approved. He did not feel the present Council w£is bound by decisions of past Councils. Jabbour stated that the applicant has the right to proceed with the subdivision under the existing code and she should be allowed to proceed and get the wetland credit. He added that proceeding with the application did not mean the subdivision would be approved. Peterson agreed that the subdivision request should be considered as an application prior to any code changes. ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#11) #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan - continued Flint questioned if there were other subdivision applications in a similar situation. Gaffron responded that the only other application he was aware of is the Brook Park Realty proposal. Flint indicated he would not oppose this proposal but did not want to set a precedent if there were more applications before the City. Gaffion reiterated that staff had advised the applicant to proceed with the subdivision as a sketch plan to provide direction to the ar rlicant. A public hearing would be held to address the lot width variance as part of the subdivision process. Jabbour suggested that the applicant proceed tvith the proposal and attempt to do whatever is possible to have no variances. Valerius confirmed that the next step was to meet with Gaffron to continue with the preliminary plat application. (#12) #2367 LAWRENCE GLEASON, 140 HACKBERRY HILL - VARIANCE - RESOLUTION NO. 4082 Mr. Gleason was present. Van Zomeren presented pictures of the house and reported that the property is in the acre district and conforms to the lot area. The appUcant is requesting ^ 6’ to the existing house on the north side, which encroaches 2 into the 10 side . She noted the house is on a slope, and the proposed addition is m a logical place. The Plannmg Commission recommended approval on a vote of 5 to 0. Flint asked if living close to the park was a problem. Gleason responded tliat they love the park and enjoy the children and families who use it. They see the park as an asset. Peterson moved, Kelley seconded, to adopt Resolution No. 4082 grantmg a side yard variance of 2’ for the property located at 140 Hackberry Hill. Vote: Ayes 4, Nays 0. Gleason asked if he e^er wanted to sell his property if the City was interested in purchasing it. Council confirmed that they were very interested. request for council action Date; May 21,1998 Item No.; f j Department Approval: ^mlnistrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Ssrtion: Zoning Item Description;#2365 Christine'/alerius, 3750 Bayside Road - Sketch Plan Zoning District; Application: LR-1 A, Single Family Lakeshore Residential, 2-acre Sketch Plan Review of proposed subdivision to create one additioiwl buiidmg site from this parcel containing 3.31 acres of dry buildable Im ^ 1 20 acres of wetland. Each of the 2 resulting lots ate pressed to ^e Advantage of the wetland credit pet Orono Municipal Zoning Code Section 10.55, Subd. 15(A)(3). List of Exhibits A - Memo and Exhibits of May 11,1998 B - Plat of Bayside Landing Second Addition (1992) C - Petition of Support Submitted By Applicant 5-18-98 advised by staff in eai ly April to of: 1 Whether the property is considered as 'sewered given the fact that only one unit assessed as part of the Stubbs Bay project, for the existing house; and 0 Whether the City's intent in sewering Stubbs Bay was to create the possibility for r,tod credit 2 acre zone ,o allow subdivision of properties which are no. subdividable without the wetland credit. Th. t«,... .h. c.,ii I. sketch plan rather than a formal plat application. The issues noted above are; perhaps somewhat muddied by the fact that virtually the same type of #2365 - Valerius May 21,1998 Page 2 request was approved for a property in this neighborhood in the same zoning district in 1992, for a property which was only assessed a sewer unit for the existing house as part of the Stubbs Bay project. The only difference between that application and the current application is that tlie current application requires a lot width variance, although the proposed division line could be moved eastward to make the width variance very minimal. Planning Commission Recommendation Planning Commission reviewed this as a sketch plan on May 18. They referred it to Council for consideration in light of the concurrently proposed ordinance amendment. Some members expressed concern about the width variance, noting tliat we attempt to avoid these where possible but do grant them occasionally for cul-de-sac lots and in unique situations. At the Planning Commission meeting applicant presented a petition of support signed by neighboring property owners. Staff* Recommendation Approval of a lot area variance is not recommended due to the precedent that would set. The applicant's options absent such a variance include: 1. Acquiring additional dry buildable (none appears available); 2. Prevailing upon the Council to declare this to be sewered property and grant the wetland credit and lot width variance (as requested); 3. Requesting a rezoning of the site; 4. Selling a portion of the property to an adjacent owner (lot line rearrangement). Applicant wishes to proceed with the subdivision as proposed and on May 21 filed a formal application for preliminary plat approval. Council is requested to provide direction regarding whether this subdivision should proceed. City Attorney Tom Barrett has been requested to review the legal issues surrounding the concurrent and conflicting requests for use of / elimination of the wetland credit. Council should address: whether the property is considered as sejycf^ and ifhot, will Council allow it to be sewered and the wetland credit grantetf ) whether the issue of granting wetland credits is so critical that a moratorium should be placed on use of the credit. A moratorium would have the effect ofSl^oiW approval of the applicant's request if Council feels that is appropriate.[^0 whether the granting of a lot width variance is likely: To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Michael P. Gaffron, Senior Planning Coordinator May 11, 1998 #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan Review Zoning District: LR-1 A, Single Family Lakeshore Residential, 2-acre Sketch Plan Review of proposed subdivision to create an additional building site from this parcel containing 3.31 acres of dry buildable land plus 1.20 acres of wetland. Application: Pertinent Code Sections: 1. Section 10.55, Flood Plain and Wetlands Management - Subd. 15: Land Development and Platting - A. Minimum Lot Area Requirements - (3) Area credit for 'flood fringe' in sewered areas: This code section allows »he City Council to grant a credit for use of wetland toward <iry buildable area area requirement for "residential properties served by municipal samtary sewer . Stall interprets this to mean properties which have been assessed for and provided with sewer. Mere inclusion of a property in the MUSA does not necessarily mean it is "serv'ed by municipal samtary sewer" A large property assessed for one sewer unit is not necessarily 'served by sewer to accomodate a subdivision unless the City Council chooses to grant additional sewer units to that property. Section 10.23, Subd. 6B: LR-1 A District Minimum Lot Requirements: Minimum Lot Width = 200' Minimum Lot Area = 2.0 acres Section 11.03, Subd.2.24: Subdivision Code Definition of Minimum Lot Area (Excludes 'wetlands' and 'vehicular or pedestrian easements’ from inclusion as credit toward calculated minimum lot area) 2. 3. List of Exhibits A - Application B - Plat Map C - Preliminary Plat (Sketch Plan) Drawing D - Sketch Plan with Staff Notes E - Pertinent Code Sections 1 #2365 - Sketch Plan May 11,1998 Page 2 Background This 4.5 acre parcel was created via subdivision in 1993. The existing house was provided with sewer as part of the 1992-93 Stubbs Bay project, but the property was assessed for only one sewer unit. There was no intent by the City at the time sewer was provided to reach a conclusion as whether this property was further subdividable. Only a stub to serve the existing house is shown on the sewer As-Built plans. The applicant had her surveyor lay out a proposed subdivision that exhibits the following lot dimensions: Gross Area Wetland LoU IMI 2.23 acres 2.28 acres 4.51 acres 0.85 acres 0.35 acres 1.20 acres 1.38 acres 1.93 acres 3J1 acres 0.10 acres 1.28 acres 185'±214'+399'±Defined Lot Width* 185'± * As measured per ordinance at the 50' front setback line Lot 1 requires a variance for lot area and lot width. Lot 2 requires a variance for lot area. Lot Width Variance Analysis The proposed width of Lot 1 is approximately 185' by definition (as measured at the 'rear of the required front yard', i.e. at the 50' front setback line). However, the functional width of Lot 1 as measured perpendicular to the side lot lines is about 142'. With the required 30' side setbacks, a house approximately 80' in width could be placed on the lot without requiring setback variances. Lot Area Variance Analysis Staff is aware of only two lot area variances granted by the City since 1975 in relation to new residential subdivisions. In one case, this was the result of a City-motivated downzoning to eliminate the Stubbs Bay Marina. The second case resulted from a 1980 agreement related to the Minnetonka Bluffs sewer project and the potential need to condemn land for a lift station. Both _ ..,a-^w*niK>SiWfFC #2365 - Sketch Plan May 11,1998 Page 3 Ihese area variance cases were quite unique and the Council found them to be justified. In virtually all other residential subdivisions sin-.- 1975, the City has held strictly to the minimum lot area requirements. otherwise unsubdividable parcels in the 2-acre zone. In fact, staff has been able to identify no approvals occurring since the 2-acre zones were created in 1975. standards, unless one of the following occurs; 1.Applicant acquires additional adjacent contiguous dry buildable land (Aou-ever. there does not appear to be excess dry buildable in any adjacent property). 2.Council agrees to grant a second sewer unit and grants the wetland credit {which Council has indicated is not their general intent for neHy-sewered 2-acre zones: note that Council has directed that a hearing be held for a zoning amendment to eliminate the wetland credit entirely, which is scheduled for the May 18 meeting).). 3.The Council finds there is sufficient justification to grant a lot area variance (w/i/c/i is unlikely because there is nothing unique about this situation as compared to the two cases noted earlier). 4.The property and surrounding area is rezoned for smaller lot sizes (the Council has consistently indicate,I over the iast 20 years that zoning of the 2-acre districts mil not be changed Just because seuer is provuleit). Other Subdivision Issues/Factors The site is served by a single driveway within proposed Lot 2. which could function as a shared driveway for both Lots. The access situation would require review and approval by Hermepm County since Bayside Road is County Road 84. Bringing a third user to the existing easemen driveway serving 3770-3780 is also an option for consideration, but bnngs up the issue of the nee for improving that to a private road standard. 1 #2365 - Sketch Plan May 11, 1998 Page 4 An existing shed on Lot 1 would have to be removed as a condition of subdivision approval since it becomes an accessory structure without a principal structure. Only Lot 2 would have lake access via Outlot B of Burger's Bayside Addition. Lot 1 would not be allowed lake access because Outlot B is only 122' in width. A covenant would be filed with this subdivision indicating no lake access easement can be created in favor of Lot 1. The subdivision would be subject to park dedication of either 8% of the land or a park fee of 8% ofthe fair market value ofLot 1. Ifthe value of Lot 1 exceeds $61,250, the park fee would be capped at $4,900 per City ordinance. Ifthe City ultimately approved this proposal, a sewer connection charge of $14,665 (1998 fee schedule) would be due at final plat approval. Staff Recommendation Approval of the lot area variance for this new subdivision would be inconsistent with the City's past practice and is not recommended. There are no unique circumstances here, and no hardship making it impossible to use the land, since the land is being used for an existing residence. Approval of the lot width variance is a secondary issue. The City has granted lot width variances for subdivisions where additional land is lacking but a home can be built that meets all setback requirements. Ifthe lot area issue could be resolved, a lot width variance might be justifiable. One option for applicant to consider is to sell a portion of the pro perty to an abutting ovvner. which would require a Lot Line Rearrangement. This might allow applicant to retrieve some value from the excess land while making an adjacent property more conforming to lot area standards. Planning Commission Direction Requested This is a sketch plan request which doesn't require formal action, but the applicant does need direction as to whether Planning Commission will recommend the granting of a lot area variance in order for this subdivision to occur. If not, would you recommend the alternative of a lot line rearrangement with a neighboring property? This item will be presented to Council on May 26 if applicant so requests, or if Planning Commission recommends in favor of the area variance. r Application H Date Received Amount Paid ^ PROPERTY LOCATION Siieaddress 3^^^O/Zo/Oa Property Identification Number (PID) (1'i'- //I — Zl '"2.1 '~00'2-0 Please check one - Property K abstract or____torrens? ^^^p^ttach legal descriptionTd^pplication. APPLICANT Name Ai- Address City__ ^•7^ do Phone (home) d Zip5^;a Phone (work) OWNER (if different than applicant) Name Address City__Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size • • /fi 3,3/ /. 2 Present use (check) Present Zoning District PROPOSAL XT Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ ;• * A<-/a .V _____ Division for Tax Purposes _____ Lot Line Reairangement Only (no new buildling sites) X Subdivision for New Building Sites _Existing Units _New Units Total Units i Number of Building Sites / Z . >.* *• Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per >__AcresUiUld M Sq. Ft. Dry Buildable Land 1$/2. zS' Ac X Residential _ Other (specify) ^^NI^IUM MATERIAL REQUIRED FOR COMPLETE PRELIMIMARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. • ^ Completed application form. vD'JAr' 3. Preliminary plat information on Certificate of Survey. ^ Certified Property 0\vners List of owners within 350’ (you must obtain this list from Hermepin County Department of Finance A-6'..' Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature______________________________________ Date_____________________________ \DN1MUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. . 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature_______________________________________ Date_____________________________ I. APPLICATION FEES (Zoning Administrator to check (X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) S250.00 _____ Subdivision of a Lot Line Rearrangement S350.00 _____ Subdivision Application (Class I & II) $350.00 _____ Preliminary Subdivision Application $375.00 + $25.00/Iot (Class III & all non-rcsidential) _____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing: _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 _____Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incurred) _____ Renewal of Clciss I and II Subdivision Application $200.00 (Np change from original application) _____ Renewal of Class III, Preliminar> Subdivision Application $200.00 (No change from original application) _____ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) Totals B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.50/lineal ft.; _ lin. ft. X .50 = $. 'lin. ft. X .50 <= $ _____ Request for City to Accept Existing Private Road $900.00 ---------- _____ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub ---------- _____ Proposed Watermain Extension $250.00 + $25/stub ---------- _____ Proposed Storm Sewer System (excluding culverts) $200.00 ---------- _____ On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x _____new lots ---------- C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) ---------- _____ Easement Vacation Associated with Subdivision $100.00 ---------- _____ PRD Application with Subdivision $30.00/Dwelling Unit ---------- The applicant hereby agreesm pro^de all information required or requested by the Zoning Administrator, City Eng'meer, City Attorney, Planning Commission^^do^un^qecessary* to process this application and further agrees to pay all additional fees established by ^ Da.. Owner’s Signature _Date />V Applicant must have all submittals into the City Office 25 days before the Plarming Commission meeting. Platuiing Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plarming Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building «S: Zoning Office of this change prior to the meeting. 1 I I I > • ■ i • nr<;rRiPTiQN QF PREMISES. : Lot 2. Btock 1. BURGERS BAYSOE SECOND ADDITION o : denotes iron morker Beorln^s snown ofu boscd upon on assumed dO;urn. This survey Intends to show the boundorics of the obovc described properly, ond the location of on ewisting house, shed, ond grovel drivewoy thereon. It does not purport to show any other improvements or encroachments. A/tt4 4.Sit4<t€i RCV610N OAfC OeSCRFICJN COFFIN & GRONBERG, INC. CONSULTWC ENCtCERS. LAND SURVEYORS. SITE PLANNERS 482 TAUARACK AVENUE, LONG LAKE, iMl 55356 612-473-4141 I MERtBY CERTFY THAT T>tS PEAK SPCCTlCATlOli OR REPORT WAS PRCPARCO BY 1C OR UNDER MY OiCCT SUPCRV6I0N AM THAT I AU A DULY LICENSED PROfESSONAL ENCNEOt UMXR U€ LAWS or T^C state OF IMCSOTA. f-77't 1"-^ IM LCCNSE NUfiER DATE 3-25-98 JOB NO. 99-097 O 1^(d K1 un CN oC in CM c • M 1-6 o c\ TlSSSl O^WN occxco 7 DATE OB Na i-0i7 I • I IOF LOT 2. BLOCK 1. BURGERS BAYSIDE SECOND ADDITION HENNEPIN COUNTY, MINNESOTA /. 7- D,%< A<- ■ Z.zit X- 2.2,2> A^ V/trM-. tTA5:»vxT'. r P/io(?x>: to ^26?oV/6.i'' I Fr.Ai nrscRiPTioN or premises : Lot 2. Block 1. BURGERS BAYSOE SECOND ADDITION X o : denotes iron morker Scorings shown ore boscd upon on ossunied dolum. This survey intends to show the boundaries of tfte obove described property, ond the location of on existing house, shed, ond grovel drivewoy thereon. U does r>ot purport to show any other improvements or encroochments. TVr^i AAi4 a 4.Sifjir^fr REVISION DATE DESCRPTCN DRAWN CICCKEO COFFIN & GRONBERG, INC. 482 TAMARACK AVENUE. LONG LAKE, Wt 55356 612-473-4141 I HCREBY CtRTry THAT THS PLAH SPCCTXATDK OR REPORT WAS PREPARED BY ME OR UNXR MY OffCCT SlFCRVCXM AK) THAT I AM A DULY LCENSCO PR0fCS90NAL OCtCER UNDER T^ LAWS Of the state Of MTtCSOTA. DATE I II'JM m tXCNSE Airis I lUINA C > r. r. s <j>vrc. op' C>F ' = 72^0 4lP. > I -H RCPOUT CN AND IMXK xe Na fO! ^ ^§ 10.55 A Minimum Lot Area Requirements. The minimum lot ♦-**? f-hi«5 rhaoter shall be interpreted to mean thatarea reauirements of this Chapter snd . eiho chall be inall nF Fhe reauired land area for each building site shall oe in 1 For properties not served by municipal *. ._ _area mav be divided by Flood Fringe Ta^a;|o. W ^pcotec.ea a5lilable"?o“thtt‘"buTlaiTg"^^^“e''«^ encroachment on the protected area. 2 For properties served by municipal sanitary se«er o! l"in"i ‘^^^t‘’liti?n^h^^"prote^""t:a encroachment on the protected area. 3 For residential properties served by manicipal sanitary sewer, ^ !rt i-^;iir£p^ef or ?e%\^^'eme^|tr^£)he;i na °rhir'land wfthL thl Aooa'^^^^^^^^^ equal to, but not exceeaing,?L^rmort^r^3acent la ^;:r?earcat?srot^perpftull open spec; and El-age easements to the City over all protected areas so utilized for density v^redit^ qiihrJ 16 Special Assessments. The land area in the "inod Slain and Wetlands Conservation Area which is not to be Sib^f.ili^n --Jh^icris=r4^£ea^s3-eS ^irno runrc?p'aY\ml1o^l::n^^^pr^rertlr"nrluring^\rtU ‘’!lm^ trunt sanUarrsewer and water mains and storm sewer improvements. ciiKd 17 Nuisance. Any filling/ alteration/ Subd. Zrti^icial obstruction of the Flood Plain ana fFlrHu€F%"“rl"esr“pe^m^^"^trcorst"rlcr"anr^ obstruction has been obtained in the manner provided herei . A Removal of Artificial Obstruction. It an ^“dtrrh\\f orrs^uTd rA^t-n notfce and bearing thereon, tor removal within a reasonable time as ORONO CC 371 (4-1-84) > /^(/U . Lor^ 1 T, 2. Lakeshore Set Back, Hard Cover Removal Regulations. (See Section 10.22). ' § 10.23 and Tree District.A. Any permitted use as regulated in the "R-IA" pamii,, r Conditional Uses. Within anv "LR-ia" onc. ll^sL Dlstclct, no structureland shauthe folxowing uses except by conditional use permit; District. conditional use as regulated in the "R-IA” nij 1^*. accessory use as regulated in the "r-ia» appU=atle^"rt,u^/at!^^l, t„'c\l’dfn“,^ira^ s‘?or‘a^,\ Subd. 6. Area, Height, Lot Width and Yard Requirements. o ^ /'> =*.« • Height. No structure or building shall exreed be observed; following minimum requirements shall 14) Lot Width Front Yard Side Yard Side Yard Adjacent to Street Rear Yard 50 feet2 acres 200 feet 50 feet 5F7eet ~50 feet SEC. 10.24. LR-IB ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Residentia?“^Oi;t/^ct ?s^^nt:ndeJ'’t^o "o ‘'ro;\“a'; °a"^dis^Vct^ allow a combination of medium density residential da *i will limited agricultural activity oiaLed resi^^^^^^^ may be allowed by conditioner use permits Thr proposed ®l°nrusemay not endanger the quality of storm water runoff intnr^ Minnetonka or Long Lake. Because of the location of near Lake Minnetonka or Long Lake, special necessary to protect these natural resources from the ef^pr^^e!^nf dense development. This district shall hav#» t highways and public sanitary sewlr; immediate access to ORONO CC 284 (4-1-84) J Or ^t^^ uoT B^3> S 11.03 21. "Improvements, Private" - Any improvement, required by this Chapter, which improvement the City or"subdivider shall construct at subdivider's expense and for which the City will not assume any responsibility for its maintenance and operation and which shall not be dedicated to the City. 22. "Improvements, Public" - Any improvement, required by this Chapter, which improvement the City or subdivider shall construct at subdivider's expense and for which the City will ultimately assume the responsibility for its maintenance and opera tion upon issuance of the certificate of satisfactory completion. 23. "Lot" - A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, or transfer of ownership or for building development. Every platted lot shall be a buildable lot or an outlot. 24. "Lot Area, Minimum" - Each lot shall contain Lhe minimum area required for each proposed lot as prescribed in the Zoning Chapter of the City Code. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water or areas at or below the flood plain elevation for a specific property. All rural lots must comply with the City's on-site septic system provisions of the City Code. In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in the Zoning Chapter of the City Code or half-acre, whichever is less, (exclusive-of public and private rights-of-way, . vehicular or pedestrian ease ments, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the flood plain eleva tion for a specific property) and have legal access to the building site without encroachment of a wetland or flood plain area. 25. "Lot, Buildable" - A lot or combination of lots or outlots which meet all of the requirements of the Zoning Chapter of the City Code and this Chapter for the intended purpose. 26. "Lot, Outlot" - A lot which is intended only for public or private roadways, open space or other use, which use must be restricted by the appropriate easement and which use must be approved by the City at the time of final plat approval. The use of the outlot will thereafter be restricted by the appropriate restrictive covenant or open space easement. I, I i r [ [ [ 27. "Lot, Corner" - A lot situated intersection of two (2) streets, the interior angle intersection not exceeding 135 degrees. at the of such I I I 1 ORONO CC 419 (4-1-84) May 18, 1998 Enclwed^ou ^ find a signed petition from all of the neighbors that would be affected by a subdivision of our property giving us support in our endeavors. Only one person on the list of properties within 350’ feet did not sign. The person who did not wish to sign is not an owner of an abutting property, they simply were not happy with the variances you granted to other new homes in the area. The two newest homes that both abut our property do not have two acre lots, they also do not have 200 ’ ft width. You will find that this subdivision would be consistent with the other properties in the area- actually our lots each would be bigger than both of the lots of the two new homes. Thank You Christine & Gary Valerius This letter is We purehased this ^ . „f purchase, we spoke with £ sra - «•" “■Slave hired a surveyor and have divided the property in a - o,h« for your support in our subdivision. Th^ You 1. 3. 4, '^Lh Tbd=i 6. 3 7. D 8. 9. 10. 11. 12. 13. 14. 15. Thank you for your support 3^^^-/W3"7'7C> so 3*7^0 o ^775" CT^ Or Christine & Gary V alerius #2404 Otten Brothers Nursery August 20,1998 Page 4 Staff Recommendation Staff recommends as follows: 1. MOTOMS ed “ Agreement to allow construction of the greenhouse 2. 3. Denial of the proposed location of the loading dock / retaining wall system within Outlot C Approv^ of a loading dock to be constructed at some undefmed site within Lot 2 that meets a 35' setback from Outlot C. 4.Approval of the relocaUon of the 40'x90' canopy to the proposed site east of the storage bins m Lot 1 that meets the 35’ setback to Outlot C (proposed at 40 ’±). 5. 6.Applicant to meet with neighbors and establish an enhanced screening plan for Council review ^d approval; such plan to potentially include additional plantings, fencing, and/or matenals storage screening. COUNCIL ACTION REQUESTED Direct the City Attorney to draft the appropriate documents to amend the PUD Agreement to aUow the proposed greenhouse construction, subject to conditions as noted. ♦ #2404 Otten Brothers Nursery August 20,1998 Paae 3 be to construct a free-standing 3-sided loading dock within Lot 2. Required '“^ing docks sue reaulated in the Special Provisions section of the Zoning Code (Section 10.6 * LoX dickrarfnot allowed in required yards, so it can be argued that the proposed dock must be set back as much as 35' from Outlet C (B-6 requited setback for an accessory structure). Althouah staffs initial reacUon upon viewing the loading dock under construction w« that it is in ^*gicd location, further consideration and discussions in-house have resulted in staff concludmg that this is not be an appropriate location. Planning Commission agree . Neighbor Comments At the August 17 public hearing. Planning Commission received a letter front Patrick Pugh of 725 Dickey Sorive (north side of Dickey Lake Drive directly across from Otteifs) imd received commrats from Joel Walvame of 710 Dickey Lake Drive (adjacent to Onen s). screening issues Pugh noted visual and noise concerns. Walvame noted that he is imsatis i the screening that was accepted by the City when the site w« initially developed. He commented that the trees and berm do not provide the visual screen that he anticipated. Staff agrees that the area of the site visible from Dickey Lake Drive, es^cially near the swk parking^ot and north of the rock bins, needs attention in order to provide effective Le^of Lot 2 to the east which are generally also used for storing landscape materials, are less visible from the north and fairiy well screened from Highway 12. Planning Commission Recommendation Plannin Commission generally indicated acceptance of the in character with the architecture and use of the property. Planning Conunissio g that the loading dock should not be placed within Outlet C, since the outlet intended for futur road purposes and not as an extension of the working area of the commercial site. Planning Commission sympathized with the concerns of the neighboring property owners but was "Xo ga"ar S^Sstanding from Walvame of any specific changes he would sugges for meXenfng Hanning Commission suggested that Ouen's take the initiate m mee^g w, W “aTvame to come up with a screening enhancement plan that will address the neighbors concerns. Planning Commission voted 6-0 to recommend approval per the staff recommendation below) with an added condition that applicant meet with the homeowners to resolve the screeiung issue. #2404 Otten Brothers Nursery August 20,1998 Page 2 Pertinent Code Requirements This property was created and the existing site plan approved via a Planned Unit Development (PUD) process, which involved a subdivision and rezoning to B-6 (PUD-1) and which was subject to a PUD Agreement defming standards and conditions for how the property may be used. This Agreement (Exhibit 1) works in conjunction with the B-6 standards which govern the site. Review Process Zoning Code Section 10.53, Subds. 5 & 7 indicate that any change to the approved final PUD development plan that increases the 'cube ’ of a building by more than 10% must be processed as an amendment of the final development plan, pursuant to a public hearing. The final result will be a document that amends the conditions of the PUD Agreement and is signed by both the City and the property owner. The City Attorney will address how this should be formatted. Review of Proposed Greenhouse and Site Plan Please see the memo of August 14 for a detailed review of the proposed greenhouse and a general update review of the site plan. Retaining Wall / Loading Dock The wall system recently constructed vdthin Outlot C is intended to function as an open loading dock area. The wall construction is of manufactured landscaping blocks and therefore likely womd not need engineering design even though sections are 5-6 feet in height. However, this work does require a land alteration permit, and certainly requires site plan approval since it is located wtiun a road outlot. Outlot C is owned by the Otten ’s, and the City has an underlymg Road and Utility Easement subject to a restriction which limits the City's ability to develop a road until a number o conditions are met (see Exhibit I). The applicant has noted that the retaining wall systemis made of re-usable materials and could be easily disassembled at such future time that the Outlot is developed for road purposes. The PUD Agreement is mute as to uses of Outlot C, hence this retaining wall / loading dock i^t be considered as an amendment to the Agreement, as is the greenhouse const^ction. Staff isDC consiacrca cUl aiuciiuiutnv vw uiw —-------- concerned about the impact of activity here as it relates to the neighboring residential property, which would otherwise enjoy Outlot C as somewhat of a separation buffer. It also will tend to act as an additional encroachment of our access to the well house. An alternative to this location would REQUEST FOR COUNCIL ACTION Date: August 20,1998 1Item No. Department Approval:Administrator Approval: Name: Michael P. Gaffiron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2404 Otten Brothers Nursery, 2350 West Wayzata Boulevard - Commercial Site Plan Approval (Amend PUD Agreement) Zoning District: Application: B-6 (PUD-1), Highway Commercial District, Planned Unit Development Request for commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. List of Exhibits A - Revised/Corrected Survey B - Letter & Photos from Neighboring Property Owners C - Memo and Exhibits of 8-14-98 Summary of Request Otten Brothers Nursery and Landscaping is preparing to construct a 132'xl44' greenhouse addition at t.ie ca^t end of the main building. This greenhouse will cover a portion of the current open sales area which is surrounded by an open canopy structure (see Exhibits D, E & F of 8/14 memo). The gr:enhouse area will be used for virtually the same retail sales funcUon as currently exists, but will provide for a more controlled environment. No site grading is anticipated as part of the greenhouse project, and the existing bituminous walkways will remain fn place. An existing 40'x90 ’ canopy section will be removed to allow greenhouse construction, and this canopy is proposed to be relocated further north on the site, as shown on the revised corrected survey. Exhibit C. That survey also shows the boundaries of the Otten holdings which ^e coirjnercially zoned, and indicate the location of a new retaining wall / loading dock under construction (without the required land alteration permit) on the future road corridor outlot. i t // fo V » CITY of ORONO a Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 NOTIFICATION OF 60 DAY EXTENSION August 27, 1998 Cliff Otteii Otten Bros. Nursery 2350 Wayzata Blvd. Wayzata, Minnesota 55391 Re: Application #2404 state law requires mat Cities shall decide on zoning applications within 60 days from the date an applicmr complete. The review period may be extended by notification to the ^0“'5' “ to tokc action by September 19,1998. Because no one was present at the August 24.1998 City Council meeting to represent the application, it has been tabled to the September 14,1998 meeting. Your application has been extended an additional 60 days to November 20, 1998 to allow time for' City Council review. Sincerely, Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch Telephone (612) 473-7357 • FAX 473-0510 irr^iini—■■nr~M~n k—r-rr.- COUMCIL f' REQUEST FOR COUNCIL ACTION SEP 14 1998 CITY cr j DATE: September 9, 1998 ITEM NO.: *9 Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2404 Otten Bros. Nursery 2350 West Wayzata Blvd Commercial Site Plan Approval (PUD Agreement - Amendment) Zoning District: B-6 (PUD-1) Highway Commercial District, Planned Unit Development Application: Request for commercial site plan approval for construction of a greenhouse addition adjacent tot he existing principal structure. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 6-0 to recommend approval of the staff recommentoion including item 1-5 as noted in the staff report and in addition, that the appiicant will meet with the adjacent homeowner to resolve the screening issue. COUNCIL ACTION REQUEs I'ED: Direct the City attorney to draft the appropriate documents to amend the PUD agreement to allow the proposed greenhouse construction, subject to conditions as noted. \l o ® t i kk. I I s ; 9 A i? c t ? 5* I f I (Ao >rm n is a ^n — Tii \ 8 1 ? f ? ^ 1 «f I I I s ? & \a a* > f • ^ » ! » I ( * r .Ol O r I •oo Im m z ooc 2 zzm (/)o H > N Oirji'M*14»t •U > 70 H Z^m o ■n m >c/) H 73md CDH O o co“^• c/> o $ooo (/3 z ^ C_ m 7D-< (/) T1mo::d^ A *. ■• ».7 »•" * » •. -» ■ ••• /* • » * '.f ^ »■ 92.3 • • • '•V '• •* ,1 i‘11.3 I 8l3v.-: I. f ' • N. N X . •; i-i • V.y.r :,.!•/. ‘V •*♦ . ‘ •V*- !'/.’•iv;S'*•>•; •Vv.J-;V: .-J •• •:; -••••:* . ,* \ 'o •''i'-’ ••• /Nj-•■•.•'• '/'•■l•••V,...v - -••■ •••■- k«. • /.* ‘ -in- . • ,;V.4^vyi •■ < .. . '.v-V ■ • Uv." •■1'1 ^ ‘ •• 'I >.w V.' - vA v.^V vrN: i ?.;.. fc4)-:c.::.vrv;::' XI .V V V s. \ f « > - J . • . .* r .. ,. .V ►a 4'4**A C * •. ♦ •'* ;• * .1 ^ 132.0 Txv CD m f • •: • »'i • ** Q ,\; .1 i.;V.^.V.rO.- •• - IV- . ■• . • 11 ’* ■« *».*• , • • • f. • ;*. » J - .* •. '• • . '■•• .' •• ••• ;. •• ;• .'• ■ .•• • ■ ■•.• -'r oo •f / • * •'. >•* » • • 0 > ••* 1. • • *• * • .•* •• • . . • ■^ * •. . * ♦ • V» X M V‘ft;t • , . ...• • • « I /••x. » , .♦ ♦ • ►V « .. • *1 Patrick Pugh 725 Oickey Lake Onve Orono. MN 55356 612-449-6054 August 17, 1998 RE: Otten Brothers Nursery Greenhouse Addition ’B-'l City of Orono Attn. Ms. Elizabeth Van Zomeren 2780 Kelley Parkway. P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Van Zomeren: Having received your notice concerning the planned Otten Brothers expansion, I wanted to bring to your attention what, 1 think, is relevant information with respect to any further additions of the Otten Brothers Nursery. 1 am a resident at 725 Dickey Lake Drive and, also, own the property directly behind the Otten Nursery. My wife and 1 purchased the property'just subsequent to the Otten Brothers Nursery construction approval. Frankly, we were not too concerned about the construction at the time thinking nursery would make a good neighbor and we were, also, assured by some of our other neighbors that steps would be taken to shield the nursery from ou. c nporty including burms and trees. Unfortunately, what we’ve gotten is a direct picture of Otten’s garbage dump and motor pool, including the noise that generates, in some instances, as early as 5:00 AM. Although there is a burm and trees across the street which. 1 assume, was meant as a shield to any adjacent residential property, it is pitifully inadequate. Since Otten’s, themselves, have put this unsightly mess behind their business cut of sight of their own customers. I’m ceitain, they must have an appreciation of the need to shield their landscaping operations from their every-day customers. However, their customers ’ gain is my loss, since I am required to continuously endure the sight and sounds of that very untidy mess located adjacent to Dickey Lake Drive, not too mention the fact that it will clearly have the affect of devaluing my property. 1 don t want to sound unreasonable but perhaps an adequate resolution to the problem would be the construction of a fence to shield their landscaping operations from their neighbors. In any event, allowing Otten’s to, potentially, create another eyesore before they clean up those they’ve already made, would be very disappointing. Sincer Patrick Puuh cc Otten Brothers Nursery .V .kV/ •t.-’ Ulj :• VM'j M >■ I #-► . i « • • *1 “rr^^ ■ V -r. •* . ^■■V'u'i'. .. »:^i- ■ ■ ■ A-,. . ■ '.••• ;. ' 'c..'' = •••r' im la il ■ ' . '.'. ••••, ll.vU" >5 •’:v^ ^L'..’ •:v?rr-~- ■ -" - • ’ **^1; ... >» ,‘^*» •*.' .'' ■ *f >. '• ■ ;-i ?-:i"-'.‘ • • * -'/• , /.......... i-i ’OQ cl r // To: From: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator Date:August 14,1998 #2404 Otten Brothers Nursery, 2350 W. Wayzata Boulevard - Commercial Site Plan Review (PUD-1) - Public Hearing Zoning District: B-6 (PUD-1), Highway Commercial District, Planned Unit Development Subject: Application:Request for commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey (Existing) E - Proposed Site Plan F - Construction Plans/Elevation Views G - Resolution No. 2692 (Sept. 1989) - Original Site Plan Concept Approval H - Resolution No. 2794 (April 1990) - East Willow Woods Plat Approval I - Original PUD Agreement & Attachments J - B-6 Zoning Code K - Code Sections re: Loading Berths L - Originally Approved Site Plan Summary of Request Otten Brothers Nursery and Landscaping is preparing to construct a 132 ^ existing bituminous walkways will remain in place. An existina 40'x90’ canopy section will be removed to allow greenhouse construction, »d this canopy will potentially be relocated further north on *ejute. A rewsed proposed location of this canopy section is expected to be submmed prior “ Monday s^^^^ hearing. That survey is also expected to show the bounda"«^^^ the sub is incorreet) and will indicate the as-built location of a new retaining wall / loading dock rwiihnut the reouired land alteration permit and site plan approval) on the futuresurvey under construction (without the required land alteration road corridor outlot. #2404 Otten Brothers August 14,1998 Page 2 Pertinent Code Requirements This property was created and the existing site plan approved via a Planned Unit Development (PUD) process, which involved a subdivision and rezoning to B-6 (PUD-1) and which was subject to a PUD Agreement defining standards and conditions for how the property may be used. This Agreement (Exhibit I) works in conjunction with the B-6 standards which govern the site. Proposed Greenhouse The greenhouse is essentially a steel frame structure of posts and trusses supporting a polycarbonate sheeting roof system, with side panels and roof vents that can be opened as needed. It is intended to be architecturally complementary to the main nursery building, and the applicant will be able to describe the features which tie the two buildings together architecturally. The greenhouse will be functionally, but not physically, connected to the existing building by a covered walkway. Building Official Lyle Oman has noted that the greenhouse will be required to have a fire sprinkler system. All buildings on the site are on Lot 1, East Willow Woods. Lot 1 is approximately 6.5 acres in area, and the proposed greenhouse structure and relocated canopy v«ll increase structural coverage of Lot 1 (including buildings and canopies, excluding open bins and storage areas) from about 48,000 s.f. (17%) to about 66,000 s.f. (23%). Neither the zoning code nor the PUD Agreement establish a prescribed upper limit on the percent of lot coverage allowed. The entire site is outside the Shoreland District and is not subject to hardcover limitations. Perhaps half or more of the greenhouse site is already hardcovered. The City Engineer has reviewed the site plan with staff and concluded that the amount of additional runoff generated by this addition appears so minimal that there is no need for additional drainage facilities as a result of the addition. A stormwater drainage pond does exist at the northwest comer of the site. The applicant is advised to contact the Minnehaha Creek Watershed District to determine whether that agency will have any stormwater rquirements for this site. The location of the proposed greenhouse meets all pertinent height and setback requirements of the B-6 District. The 18’6" peak height is significantly lower than the 32'6" peak height of the main building. The greenhouse will have no impact on traffic circulation for the site. The enclosure of the current space with a greenhouse is not intended by the applicant to change the use of that space, but to provide it with climate control that allows its use to be extended in the spnng and fall. No additional parking is proposed. Staff is unaware of any past parking deficiencies on the site, ar.d uiuwss further review suggests to the contrary, staff does not feel additional parking is necessary. No new signage is proposed in conjunction with the greenhouse addition. #2404 Otten Brothers August 14,1998 Page 3 General Site Plan Review Permit activity since the original 1990-91 development of this property has been minimal, including occasional interior remodeling of the commercial tenant spaces, signage, landscape sprinkler systems and a thatched-roof gazebo. The current greenhouse proposal is the first site plan revision of a magnitude to require a commercial site plan review since initial development of the site. As a result, staff has conducted a site inspection widi the property owner and the Building Official, primarily to review how the site has changed and how it is being used. The original subdivision divided the site into Lot 1, on which all the buildings are located, and Lot 2 to the east which is used primarily for nursery materials and storage activities with no buildings. The only significant divergence from the initial site plan is the recent construction of a retaining wall system apparently within Outlot C (the future service road outlot) north of lot 2. This is addressed later in this memo. In comparing the current state of this site to the original approved site use and landscape plans, the site appears to be essentially in conformance with those plans. There are a few areas where screening shrubbery or trees have perhaps not thrived as well as anticipated to provide screening, such as adjacent to the truck parking area north of the production shed. There also are a few areas of outside storage that need ongoing attention or better screening; but in general the site is well kept and is not an eyesore by any means. The Public Works Department has commented that the storage activity does tend to occasionally hinder easy access to the City well house on Outlot B, and requests that applicant limit his activitv in this area to allow easy access to the City facility and not encroach onto the well site. It was noted that the City has yet to complete the improvements to Otten's driveway access to Willow Drive. This has been approved by the City and staff is attempting to get the contractor to complete this work. The recent construction of landscaping around the pylon signs along Highway 12 and Willow Drive has been reviewed by staff and we have concluded that this will be considered as incidental landscaping and will not require formal approval or permits. The portion flanking Highway 12 is under MnDCPs purview. Also, new brick light posts flanking the Highway 12 entrance to the site have been identified to the applicant as an issue because they are slightly less than the required 5' setback from the lot line, and applicant has agreed to move them to n.set the setback. Retaining Wall / Loading Dock The wall system recently constructed within Outlot C is intended to function as an open loading dock area. The wall construction is of manufactured landscaping blocks and therefore likely would not need engineering design even though sections are 5-6 feet in height. However, this work does 1 #2404 Otten Brothers August 14, 1998 Page 4 require a land alteration permit, and certainly requires site plan approval since it is located within a road outlot. Outlot C is owned by the Otten's, and the City has an underlying Road and Utility Easement subject to a restriction which limits the City’s ability to develop a road until a number of conditions are met (see Exhibit I). The applicant has noted that the retaining wall system is made of re-usable materials and could be easily disassembled at such future time that the Outlot is developed for road purposes. The PUD Agreement is mute as to uses of Outlot C, hence this retaining wall / loading dock must be considered as an amendment to the Agreement, as is the greenhouse construction. Staff is concerned about the impact of activity here as it relates to the neighboring residential property, which would otherwise enjoy Outlot C as somewhat of a separation buffer. It also will tend to act as an additional encroachment of our access to the well house. An alternative to this location would be to construct a free-standing 3-sided loading dock within Lot 2. Required loading docks are regulated in the Special Provisions section of the Zoning Code (Section 10.61 Subds. 11-17). Loading docks are not allowed in required yards, so it can be argued that the proposed dock must be set back as much as 35' from Outlot C (B-6 required setback for an accessory structure). Although staffs initial reaction upon viewing the loading dock under construction was that it is in a logical location, further consideration and discussions in-house have resulted in our concluding that this may not be an appropriate location. Planning Commission should consider the short- and long term ramifications of allowing this loading dock on Outlot C. Review Process Zoning Code Section 10.53, Subds. 5 & 7 indicate that any change to the approved final PUD development plan that increases the 'cube' of a b lining by more than 10% must be processed as an amendment of the final development plan, pursuant to a public hearing. The final result will be a resolution that amends the conditions of the PUD Agreement and is signed by both the City and the property owner. Note that minor site revision.*" are subject to review by an established 'Development Review Committee' which consists of the City Planner, the Senior Planning Coordinator, and the Director of Public Services. This commi* was used for review of Otten Brothers' tenants canopy signage in 1994. Issues for Consideration 1.Does Planning Commission have any specific concerns with the proposed greenhouse addition? 2. Is Planning Commission satisfied with the current state of the site's landscaping plan? #2404 Otten Brothers August 14, 1998 Page 5 3.Will Planning Commission recommmend approval for the loading dock as proposed within Outlot C, or should it be relocated within Lot 2? 4. Are there any specific site plan concerns regarding current use or activity at this site? Staff Recommendation Staff recommends as follows: 1.Approval of an amendment to the PUD Agreement to allow construction of the greenhouse as proposed. 2.Denial of the proposed location of the loading dock / retaining wall system within Outlot C, with a recommendation that it be relocated to a site within Lot 2 that meets a 35' setback from Outlot C. 3.Approval of tlie relocation of the 40'x90 ’ canopy to a site east of the storage bins in Lot 1 that meets a 35' setback to Outlot C. 4. Applicant to relocate the light posts at the Highway 12 entrance to meet a 5' setback from the right-of-way. Options for Action 1. 2. 3. 4. Recommend approval per staff recommendation. Recommend approval with additional or different conditions than staff recommendation. Table for further information (specify). Recommend denial. 5.Other. 1 Application ^ ^ Date Received 1 Amount Paid O Sh . * A- CITY OF ORONO - GENERAL LAND USE APPLICATION I A/. Lje^zA. ^tvJ Ofvro /% , Hcation to be Filed / _________________________________ PROPERTY LOCATION Site Address Type of Application --------------------------------- ------------------------ Property Identification Number OP.LD.) 60/y APPLICAN Name^__ Address C> ^ M Phone (home) Phone(vPhone (work ’l V7^- ^ ij ______Zip. OWNER (if different than aimlicant) Name LOCt> /^vTH^y~S ■<rt Phone (home) __________ Phone (work ) City Lo^cj ____Zip. D^gProperty Acquired 7 I (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore (month/year) PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) ______$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule l/^QUIRED SUBMITTALS 1. X Completed Application Form. 2. V Describe request in detail. 3. V Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4. y Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. i 5. y Attach legal description to application if not included on required survey. 6. aJh Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. ^ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. X Construction plan, if applicable (see staff for requirements). 9. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property 0%vner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________Date ________________________ APPLICANT'S SIGNATUIUE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incited in review of this application, and certifies that the information supplied is true/Mci corre^to^p b^^of Ws/her knowledge. Applicant's signature Date // OWNER'S SIGNATU The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members fqr^purposes ^f invesfigatio^anc^ verification of this request. OwTier’s signature / ^ ------ Applicant must have all stionuttals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is ut.able to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. July 22, 1998 Description of Request uncomfort^le. It also would provide better protection for the prSuct^oss^^^ resulting in a higher quality product and less The Structure would include 3 36'x 132* and 1 36'x 92' connected by gutters. The shorter one of the four is place^^^ further due to the existing canopy which will stay in Legal Owners Clifford L. Otten (a married person) L/^ • (D^'Cor\ I I =fe RUN DATE 06/15/98BATCH SOIPROP ADDR OWNER NANE TAXPAYER NAHE/ADOR 38 33-118-23 11 000300038 ADDRESS UNASSIGNED ORONO PLAZA ORONO PLAZA C/0 REIERSGORD LAW OFFICE 4500 44TH ST W NPLS HN 55424 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST38 34-118-23 22 000500701 DICKEY LAKE DR P t K PUGH PATRICK t KAREN PUGH 725 DICKEY LAKE DR LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 138 34-118-23 22 000600725 DICKEY LAKE DR P P PUGH e K L HAGELEE P PATRICK C KAREN PUGH 725 DICKEY LAKE DR P LONG LAKE MN 55356 PROP ADDR OWNER NAME TAXPAYER NA^'/AOOR 38 34-118-23 22 0007 00735 DICKEY LAKE DR P 0 SK006 I S L SKOOG PAUL 1 SHERRY SKOOG 73S DICKEY LAKE DR LONG LAKE MN 55356 38 34-118-23 22 0014 02350 WAYZATA BLVD W CAL OTTEN CLIFFORD A LOUISE OTTEN nnv LONG LAKE MN 55356 38 34-118-23 22 0015 00038 ADDRESS PENDING CAL OTTEN CLIFFORD A LOUISE OTTEN BOX 249 LONG LAKE MN 55356 PROP ADDR OWNER NANE TAXPAYER NAME/ADDR 38 34-118-23 22 0016 00710 DICKEY LAKE DR J G WALVATNE A D F WALVATNE JOEL A DIANE WALVATNE 710 DICKEY LAKE DR ORONO MN 55356 38 34-118-23 22 0017 02251 PINE RIDGE LA CAL OTTEN CLIFFORD A LOUISE OTTEN P 0 BOX 249 LONG LAKE MN 55356 38 34-118-23 22 0018 00038 ADDRESS UNASSIGNED CAL OTTEN CLIFFORD A LOUISE OTTEN 249 LONG LAKE MN 55356 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 34-118-23 22 0020 00038 ADDRESS UNASSIGNEO CAL OTTEN CLIFFORD A LOUISE OTTEN BOX 249 LONG LAKE MN 55356 72 33-118-23 14 0025 00072 ADDRESS PENDING SYSTEM CAPITAL REAL PROP CRP SYSTEM CAPITAL REAL PROP CRP P 0 BOX 66207/AMF 0‘HARE CHICAGO IL 60666 72 33-118-23 14 0026 00072 ADDRESS PENDING SPEEDWAY SUPERAMERICA LLC SPEEDWAY SUPERAMERICA LLC C/0 PROPERTY TAX RECORDS 539 MAIN ST S FINDLAY OH 45840 Ip B U PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 72 34-118-23 23 0001 02399 WAYZATA BLVD W GEORGAYN C KRAMER GEORGAYN C KRAMER 2990 SUMMER SET LA LONG LAKE MN 55356 72 34-118-23 23 0002 02365 WAYZATA BLVD W R E HAUGEN t D V PETERSON DARVL R CARLSON P 0 JOX 386 MAPLE PLAIN MN 55359 72 34-118-23 23 0003 32345 WAYZATA BLVD W R E HAUGEN S D V PETERSON DARYL R CARLSON P 0 BOX 386 MAPLE PLAIN MN 55359 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 72 34-118-23 23 0023 02225 WAYZATA BLVD W PERRY'S VENTURES INC PERRY'S VENTURES INC 2205 W WAYZATA BLVD LONG LAKE MN 55356 72 34-118-23 23 0044 00572 TAMaTACK AVE GEORGAYN C KRAMER GEORGAYN C KRAKiiR 2990 SOMERSET LA LONG LAKE MN 55356 72 34-118-23 23 0045 02325 WAYZATA BLVD W RICHARD R RUUD ET AL ELITE AUTO /. RICHARD RUDD 2325 W WAYZATA BLVD LONG LAKF MN 55356 _ _ _ _ _ _^ L o H ^ •H 73m =* z -^ o > * C/)c Cm 73-< (/) mrns73^ -< ftN '3< -0 -0 N E 144 -U X az -u KLIAIL AKLA-10*“6” TRUSS CLEARANCEVERTICAL POST SPACING: 3" x 3'* SQUARE 12 ’-0 ” ON CENTER TRUSS SECTION: PLACED 12 ’-0" ON CENTER TRUSS SYSTEM: 2 1/2", 2”. 1.66" O.D. GALVANIZED TUBE ANCHORING METHOD: VERTICAL POST W/ 8" x 8" x 1/2" ANCHOR PLATE COVERING: 8MM POLYCARBONATE SHEETING CLEAR/WHITE GAS FURNACES: 10-REZN0R FE250 HORIZONTAL AIR FLOW: 20 - 12" HAF FANS * (4) 36'-0" X 12 ’-0" BI-FOLD DOORS 10 ’-6” CLEAR OPENING 0) 24*-0" X 12*-0" BI-FOLD DOORS 8 ’-6" CLEAR OPENING RIDGE VENTS - ALL HOUSES ROLL UP INTERIOR WALL- HAND CRANK EXIST!GREEN 144 ’-0” 3b -0 FROM VIEW ll 11 132 ’-0” SIDE VIEW r SID VIEW REAR VIEW 1 / EXISTING GREENHOUSE • f ------------144-0 ”------------- 11 I 1 C } t 1 1 1 c 1 1 1 1 ) () 1 1 1 1 1 (1 C 1 c 1 (1 1 (1 (1 c 1 C 1 — f 1 (1 t ) 1 1 (1 (1 1 1 (1 1 1 C 132^ 1 c 1 t 1 C 1 t 1 C 1 1c c 1 c 1 (1 C 1 ( c 1 ( 1 ( } ( ) c 1 C ) c 1 1 11 ---------------------1 08 ’-0"---------------------- -0 ” VERTICAL POST LAYOU NOTE:ALL DIMENSION ARE CENTER TO CENTER OF VERTICAL POSTS.O-H —1:n b ROS DATE- 4-13-98 DV& • 44493-8 DRAVN BY- CJ SCALE- NONE CHECKED BY.REVISED DATE- 6-30-98 DATE SENT TO SHOP-SENT BY-REVISED BY- CMJ incorporated P.O. BOX 458 CASTL" ROCK. MN 55010 (800)852-3443 #94-04 1 )E VIEW RIG SID HEIGHT: WIDTH: 18 ’-6”/16 ’-6” 36’-0” ^ SIZE SHOWN: 132’-0” x 144*-0 ” X 40 ’-0” RETAIL AREA -8’-6” TRUSS CLEARANCE 144 ’-0” X 92’-C” RETAIL AREA -10 ’-6” TRUSS CLEARANCE VERTICAL POST SPACING: 3” x 3” SQUARE 12’-0” ON CENTEF TRUSS SECTION: PUCED 12’-0” ON CENTER TRUSS SYSTEM: 2 1/2”, 2”, 1.66 ” O.D. GALVANIZED TUBE ANCHORING METHOD: VERTICAL POST W/ 8” x 8” x 1/2” AN( COVERING: 8MM POLYCARBONATE SHEETING CLEAR/WHITE GAS FURNACES: 10-RE2N0R FE250 1 HORIZONTAL AIR FLOW: 20 - 12” HAF FANS (4) 36’-0” X 12’-0” BI-FOLD DOORS 10 ’-6” CLEAR OPENING (1) 24 ’-0” X 12’-0” BI-FOLD DOORS 8’-6” CLEAR OPENING RIDGE VENTS - ALL HOUSES ROLL UP INTERIOR WALL- HAND CRANK OTTEN BROTHERS 7-07-98 REAR VIEW - Denotes Sliding Door V -------Cl (S---------------------U -ir-r-j I 144 ’-0*' Glass Store Front 108’-0” 132 - VERTICAL POST LAYOU J cfjUy- H *7 - • *s % - ' •• - J - . .J r * ■ • 4.’ I A " » ' V ^>1- City of OROIVO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692 A RESOLUTION APPROVING THE GENERAL CONCEPT STAGE OP A PUD REZONING APPLICATION THAT INCLUDES A PRELIMINARY SUBDIVISION, VACATION AND COMMERCIAL SITE PLAN REVIEW FILE NO. 1428 T j Clifford Otten of Often Brothers Nursery and Landscaping (hereinafter "the applicant") on June 23, 1989 filed subdivision, partial vacation of Pine Ridge Lane utility easements within the Ringerswood plat, review for proposed Lot 1 of the Lots 1 tnd properties legally described as Henneoln ^ Ringerswood and Outlot A, Ringerswood, P nty, Minnesota (hereinafter "the property"); and tlmpc iff? ® public hearing on August 21, 1989 at which cr»mr>v«vf ^ ^ desiring to be heard concerning this thefeon^;*^and''^ application were given the opportunity to speak finding V review, noting the following .'voperty is located within an area adjacent to would be permitted special land use ertxtions per the directives of Comprehensive Plan Amendment No. 2 and under Sections 10.52 and 10.53 of the Municipal Zoning Code. 2. Per Section 10.52 entitled "Special Requirements for Rezoning in the Highway 12 Corridor Study Area", the pplication has been found to satisfy the standards set rorth as follows: ) The total area of the proposed commercial portion or the Planned Unit Development consists of 'Approximately 13 acres. The rezoning standards would require a i-inimum of 5 acres for consideration. Page 1 of 7 G 1-I CITY I OF ^RONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2692 —r- .he proposed plan satisfies the objectives of the Transportation Plan of Comprehensive Plan Amendment No. 2 as applicant has provided dedication of access for Highway 12 and a road outlot to serve as an east/west frontage road. C) Municipal sanitary sewer and water has been ordered to serve the property. D) Applicant has provided detention areas on the site and will provide more detailed drainage plans upon approval of the general concept stage and as a requirement of tne final development stage of the PUD rezoning. E) The PUD zoning and format of development is preferred within the Highway 12 Corridor. F) The exterior of commercial building proposed ::or' Lot 1 of the commercial subdivision shall be of a combination of tan and dark brown concrete blocks with split:*”£ace stone finish with trim of dark brown and green to match annodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors. G) Applicant shall enter into a Development Agreement with the City to svecify timing of all improvements associated with the development and developer's financial commitments related to those improvements. 3. The residential portion of the subdivision application involves a lot line rearrangement of existing residential lots. Each of the newly rearranged lots satisfies the area and lot width standards finding that each lot can continue to be used for residential use and future construction without the need of further variances. 4. The proposed vacation of Pine Ridge Lane is consistent with the directives of Comprehensive Plan Amendment No. 2 as the applicant has dedicated a road outlot through the commercial portion of the proparty for an east/west frontage road. Page 2 of 7 I'.x'A v\TT y;-^..; t;.City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 2692 reposed vacation of existing drainage and utility easements within existing Lots 1 and 2, Block 3, Ringerswood IS acceptable as new drainage and utility easements will be dedicated along newly created lot lines of the residential lots.u- 6. The^ commercial site plan for proposed Lot 1 of the commercial portion of the subdivision has been found to satisfy all pertinent standards of the underlying B-6 zoning district. Per the directives of Comprehensive Plan Amendment No. 2, B-6 zoning standards shall be applicable for all commercial development within the Highway 12 Corridor. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the general concept stage of the Planned Unit Development rezoning application for fford Otten of Otten Brothers Nursery and Landscaping per the Survey entitled "Preliminary Plat", dated June 23, 1989 by McCombs Frank Roos Associates Inc., subject to the following conditions: 1. Outlot C shall be realigned along the southern border of Lot 1 to straighten out the curving of the roadway. 2. Final adjustment of lot line rearrangement of Lots 1 and 2, Block 3, Ringerswood to be finalized subject to the approval of the zoning staff of the City of Orono. 3. The final plan must locate the eastern portion of east/west frontage road (Outlot D, Sugars Wood) to confirm alignment with Outlot C of current subdivision. 4. Submit new legal descriptions for commercial portion of property to be rezoned to PUD with underlying B-6 zoning and redefined southern boundary of P.R-IB residential zoning district - subject to review and approval by Orono. * temporary (ingress only) access is approved off of Highway 12, applicant is to submit written permit from Mn_Do _t. In addition, applicant's commercial site plan is to be amended to confirm location of curb cut approved by MnDot. Page 3 of 7 r la City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2692________ draLa^T*p\%^%"for ’' th“e %U aevelop^en^ City offices as soon as these plans and specification complete for the City's review. 7. Septic testing for residential lots is required as original test sites have been negated with the Rearrangement of lot lines. Final approval of plat and development sta^ shall be delayed until septic testing can con^^rro there i adequate area wit^^n^h^ 0. 25* of Pine Ridge Lane that abutts north of Lot 1, Block 3, Ringerswood shall not be ePP^°^ed for vacation by City, but shall remain as an access corridor to 4.1 v . w— Block 3, Ringerswood via Dickey Lake Drive. resiflenHal Inks via Highway 12 shal l be discontinued —iXa^ ~^hp a]^roval of this pn^^i vi si on. and PUD rezonin^. Conservation and Flowage Easement over saia wecxana dica over said detention ponds and drainageways subdivision. Detention ponds are to be defined as ^ g • easements on the plat. The width of drainage easements'^ shall be established by the City Engineer prio / plat approval. 10. The commercial site plan must reflect the following changes: A) All private driveways must oe ot V(lI^ / - ^ width where lane also serves as a fire . Lan^aping pla'n^ocation, type anci' size oi plantings. . 7V ^ C) Detailed lighting plan - type and location.? 4 Of 7 iii City of OROIVO CITV? JOFtONO RESOLUTION OF THE CITY COUNCIL NO. ^ 2692 otal signage plan. /tx.-c<*.^ i -/v • (S. IjJxXtxA^ /Ov*XM^< E) Loading berth - size and location. . /sUMy~A ^jQaISS Conditions noted- above and the following list of final submittals must be submitted as part of the final development stage of the PUD rezoning application and must be submitted to the Zoning Administrator 30 days prior to a regularly scheduled Council meeting held on the second and fourth Mondays of each 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 survey by McCombs Frank Roos Associates, Inc. and if amended revised plan must be approved by City staff final to surveyor preparing final plan. b) Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5* each side of internal property lines. c) Designation and dedication of drainage easements over all drainage ways and detention ponds within the plat. «3) Define open space/buffer area to residential property, east/west frontage road and property to be deeded to City to house municipal well as outlets. e) Show alignment with Outlet D of Sugar Woods along east side of plat. f) Dedicate additional right-of-ways for adjacent public roadways as follows: i. 7* additional right-of-way for Willow Drive; ii. 10' additional right-of-way for Highway 12 g) Name of subdivision. - Page 5 of 7 Wm^: l^^OFsCV: "ORONO^ City of OROINO resolution of the city council NO. 2692_______ DOCUMENTS required: a) Title opinion addressed to the City. mortgage holders or others with property n indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed <^rainage easements over detention areas and drainageways within the plat isee sample enclosed). d) Executed road and utility easement over east/west frontage road, Outlot C (see easement enclosed). e) Executed Development Agreement by City. Development Agreement shall identify timing o all of the required improvements associated with the development and developer's financial comm men related to these improvements. A final development plan shall be attached to this agreement ® . structures, driveways, landscaping, define use of area within proposed structure, areas devoted to ope space defined in square footage, paricing area, define area to be used within Lot 2 for temporary use by landscape operation. No signage shall be allowed on Lot 2, only on Lot 1 where defined. A Letter of Credit s.iall be submitted with the Developer's Agreement for all improvements completed by final approval of the development stap of the PUD. The Letter of Credit shall be made out amount of 150% of the cost of the improvements yet to be completed. C. DETAILED SITE PLAN suitable for recording showing the physical layout of casements, rights-of-way, uti i y and facilities, lots, blocks, public and common open space, general landscaping plan, and structure. D. SOIL EROSION CONTROL PLAN as approved by the Minnehaha Creek Watershed District and the Orono City Engineer. Page 6 of 7 I I'PIIHl I li m mi City of OROrVO RESOLUTION OF THE CITY COUNCIL 2692NO. oy^ J E'l riiL^JiF EBS TO BE PAID: Total Due $6,050.00 Park dedication fee per current schedule: $500 per acre = $6,500.00 b) Pinal plat fee = $150.00 c) Legal review and filing fees of $300.00 (Total due $6,950.00 less overpayment of $900.00 paid with °^^?rinal application fees for road) . Adopted by the City Council of the City of Orono, ® regular meeting held this 11th day of September,JL 9 o 9 • ATTEST:James^. Grabek ,'N4ayor 'orothy ^/Hallin, City clerk STATE OP MINNESOTA ) COUNTY OF HENNEPIN ) } ss. . . foregoing instrument was acknowledged before me on this 11th day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & city Clerk of the City of Orono, a Minnesota corporation and said instrument was executed on behalf of the City. Au.U(ary Publi^^^LAURIE W ICHEFFLER NorAii ,Wic - wiNNisoiA HENNEPIN COUNir My commiiiion •ipir«i6-8*93 My Commission Expires Page 7 of 7 nr u f 111 ivt tit, fi artr-«niiVM M ri't/-:i-:..;'.At.'.' ( City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2794 A RESOLUTION APPROVING THE PLAT OP EAST WILLOW WOODS FILE NO. 1428 WHKREAS, the City of Orono is a municipal corporation oruanized and existing under the laws of the State of Minnesota; and WHERBASr the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a plat by Clifford L. Otten (hereinafter "the subdivider"); and WHEREAS, per Resolution #2692, the subdivider has submitted an executed Planned Unit Development Agreement for the City Council's consideration and final execution, said agreement sets forth the terms and conditions of the PUD rezoning (hereinafter referred to as "PUD-1"), said agreement shall^ if there is a conflict with other documents created with -he implementation of Application #1428; and WHEREAS, per Resolution #2692, the subdivider has submitted an executed Developer's Agreement providing for the installation of certain improvements as a condition of commercial site plan approval for the comprehensive garden center use; and WHEREAS, the subdivider has submitted an executed Sewer and Water Agreement for the Council's consideration and final execution that sets forth the allotment of current and future sewer and water units to the subdivider and a schedule for their payment and agreement to sell Outlot B to the City of Orono for a future municipal well and pump house site; and WHEREAS, the subdivider has submitted an executed road and utility easement over Outlot C, the future east/west frontage road that limits construction of said road until either one or more of the four following conditions are realized; 1. Until such time as the developer, his heirs, successors or assigns, request same; or Page 1 of 5 mmmfen city of OROINO resolution of the city council NO.2794 SaSiWntil such time as an constructed from Wxllow ^ southerly extension from iTar rofs foto Highway 12 to line up with Brimhall Lane, 3. Upon the rezoning of Lot 1 Willow Woods, to a commercial zoning district, 4. Upon the development of Lot 2, Block ]■' Woods, separate from the 2 shall "be via 1, East Willow woods wherein ^®®®Ytrsole discreation, Outlot C unless the City, e for said Lot 2.determines that alternate access is adequate for sa.a WHEREAS, the subdivider has ^ requirement of the platting regulations of the City, includi g. 1. Completion of all platting requirements of Resolution #2692. 2. Dedication on the plat of right-of-way for a public shown as Willow Drive. 3. Dedication on the plat of Drainage and Utility Easements. 4. Creation of four outlots for the following purposes: outlot A is designated °P®" ®P“®re“ proVidYnVaas a drainage/detentron area and as an areaj landscape buffer to drainage easementsThe subdivider has granted separate orainag over this drainage area. outlot B is designated for a municipal pump house and to be owned by the cicy sale by subdivider. 4.^^ ac a future east/west frontage Outlot C is created as a tuture road. outlet D is set aside for ®'*?^^^?^®^^^^^\*},V°Hinnesota Highway 12 for future acquisition by tne Department of Transportation. Page 2 of 5 v\*.i r \ mkmiKffl City of ORONO RESOLUTION OF THE CITY COUNCI L NO. _2794 concurrent with the creation of Outlot C, the future east/west road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot. Other limitations specified with the granting of this easement have been noted above. 6. The Minnehaha Creek Watershed District (permit #89-182) granted approval of grading, drainage and erosion control plans by McCombs Frank Roos and Associates on 11/14/89. 7. Approval of septic testing for residential Lots 1 and 2, Block 2, East Willow Woods, confirming that the newly configured lots each have adequate area for on-site septic development as follows: Lot 1, Block 2 - tested sites for principal and alternate. Lot 2 - existing principal system is satisfactory. Alternate septic testing confirms adequate area for on site sewage treatment system. 8. The Orono staff and consultants have reviewed the plans for this comprehensive application and hereby specify approval of each enclosed plan and indentify them as part of the official record for the East Willow Woods subdivision and PUD No. 1: A) Approval of commercial site plan with internal signage by Kilstofte Associates Inc. Architects dated 4/5/90. B) Approval of grading, drainage and' soil erosion control plan by McCombs Frank Roos Assocates dated 11/15/89, printed 4/6/90. C) Acceptance of elevations of main building/accessory building by Kilstofte Associates Inc. Architects printed 1/4/90. D) Approval of landscape plans by Otten Brothers Nursery dated 6/23/89. E) Approval of signage plans by Kilstofte Associates Inc. Outlets printed 4/5/90. Page 3 of 5 KOEraNOf City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2794_ _ _ _ _ yment to the City of a Park Dedication Fee in the amount of $6,500.00. 10. payment to the City for the legal review the plat agreements, easements and covenants in of $300.00. 11. Payment of the final plat fee in the amount of $150.00. HOW, THEREFORE, BE IT *®SOLVED that the City Comicil^ the City of Orono hereby approves the plat of condition: Hennepin County, Minnesota; sub3ect to the foi g 1. upon the final Ccuncirof tS2 lliroflrV^X ^shfl °^o\^m\lly apptov^ FTa"n^neI SI:it°lli'A\yent"?hrrli°na«er re'ferred to as ;PUO-iy for ^0^;llitrR^ Tc^n^d „YlL°w^Ud?,%^;ne%An=’'county, Minnesota. 2. Upon the execution of the *Arect^its ^Mawr^ and C%y^sA¥/rhrA “ete^mire shall be filed against the chain of title of the appropria properties, 3. The aforesaid plat shall be ^^,^^g?g^Offic^ with the Hennepin County Registrar of original before October 23, 1990 together with o^thragree--copy of this Resolution and executed copies of the agre ments, easements and covenants noted a ove. The approval granted by this Resolution shall the plat has not been filed by the date ®P®“ ,, .^ion with theevent, it will be necessary to file a new application witn City of Orono for subdivision review. Page 4 of 5 City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2794 ated this 23rd day of April, 1990. ATTEST: Dorothy •Hallih, City Cle \fH-J lU VZ^cJIlC^ Jamfes R. Grabek>-Wayor STATE 0FN<INNES0TA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990, by James R. Grabek 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. THERESA L. NAAS < NOTARY PUaUC • MINNESOTA HENNEPIN COUNTY My commlMlon •xpl/M M-92 UmJ- Notary Public My Commission Expires Page 5 of 5 city of Orono Document Form Revised 10/87CITY OF ORONO HENNEPIN COUNTY, MINNESOTA PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR Fast Willow Woods (Name of Development) Clifford L. Otten (Name of Developer) NOV 1 9 1990 THIS AGREEMENT, Made and entered into this 23rd day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City''), and Clifford Otten, his neirs, successors and assigns (hereinaicer called "Developer ). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) and resolution no. 2692 of the City that granted preliminary approval of PUD, subdivision and pla approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter in o agreement to provide for conformance with the City s Plann Development ordinance (PUD), all on the terms and condi lont hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description; Lots 1 and 2, Bloclc 1, and Outlets A, B, C and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (sometimes herein referred to as the "Property"). 2. Zoning; The Property is zoned as a Planned Unit Development under the Orono planned unit developmen ordinance with underlying B-6 zoning. The Proper y y hereinafter referred to as PUD-1. 3. Permitted Uses; The buildings and the signs shown site plan attached for which the Developer has requested Initials of Developer Initials of City clerk^/^2(J Page 1 of 6 4. building building"™including its^reenhousefirst floor of ’^he nain building, in S?S'?h4 S-e^S^pfr initiajly propos^ second p3®g“ of vhich tie developer will usesquare feet of space, business, leavino approxiinately 5,040 for n The storage approximately 4,560 of ^ „g* u^s approximately bS?lding, "^Sr^todultirgreenhouses 7,200 square feet of space. ^ ,gQ shown on the (approximately 4,920 |^®”^|iopir's uses of Lot 1 site plan attached. ^ service and rental uses for a r.=E!sns.m? uses, and the barber and beauty shops, arts and school supplies ® ^druas candy, ice cream, books, magazines, °P^:/S2al drilg storesoft drinks, cosmetics and othe pick-up stations merchandise, dry cleaning and laund y p . shops including incidental /’"^g^lKands^pipe and and repair, 5' shop? 4nd Searingtobacco shops, >^®tail foods, tailor P; apparel. Other uses may be allowea suuj amendment of this PUD. Lot 2 may be used for the conjunction landscape related supplies and m ^ with the Developer's use ° ... j* ggg conjunction for zoning district B-6 Lot 2 may be with Lot 1 use and under ^ame own^^ h^P^ issuance^of a improved with structures s j site plan approval conditional use permit and ^°^Luilt of the same materials so long as such structures are built^of^t^ structures on and of the same quality ^ ^^^j-es are greenhouses which Lot 1 and so long as w®|inLs on Lot 1. Such are auxiliary to require appropriate screeningconditional use permit shall retire yy of the structures from Highway 1^* users shell be obligated to confo^^to ArreL°n??""hrfc"rego?ng usL ere permitted pursuant to this PUD Agreement. Site Access! The ihiriuD^lSra 12 end Willow Drive. the ingress only rcLss'^irH?ghwe?l2 end only so long as Lot 2 is owned ' . Initials of Developer Initials of City Clerk page 2 of 6 6. and used by the owner of Lot 1 as part of the landscape and garden business on Lot 1. For special assessment purposes relating to the construction of a road improvement on Outlot C, the Developer agrees that benefit to Lot 1 from ^^e road uill not take into account the presence of the existing Willow Drive access; the City agrees that the construction .>f the road on Outlot C will not require the Willow Drive access be closed. The present access from Highway 12 to Lots 1 and 2 is approved as part of the PUD for ingress only. In its f- - discretion the Orono city council by a three merger vott may approve the right of egress but only upon the request of the owner of Lot 1. If Lot 2 ceases to be owned and used by the owner of Lot 1 in conjunction with the use of Lot 1 or is developed independently, then Lot 2 shall be obligated tc develop access via Outlot C unless the City in its sole discretion determines that alternative access is adequate. Building Dpsian and Construction: The improvements on said Lot 1 shall be constructed according to the plans on file with the City of Orono. The building plans show a main building with a partial second floor and an accessory building, and production greenhouses, all on said Lot 1. The exterior of the building shall be of a • combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match anodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish an exterior colors as shown on elevation plans attached to this agreement. To the extent Developer builds structures on Lot 2 for use in conjunction with his business on Lot 1, such structures on Lot 2 shall be constructed of the same materials and of the same quality as those on Lot 1. Height: The portions of the flat roof are 30' or less. The two story portion of the building with the gabled roof is 32'6" to the peak, 21'8^.to the eave, and 27' to the mid-point. The height of uhis building to the peak not to exceed 32'6" is permitted pursuant to this PUD Agreement. Signs: The signs and signage in said ^t 1 shall conform to the Sign Plans (4 pages) dated April 5, 1990 with the City and are permitted pursuant to this PUD Agreement. In consideration of the fact that the said sign plans permit Developer's pylon sign to be closer to Page 3 of 6 Initials of Developer Initials of City Clerk^%^ 8. 9. 10. 11. willow Road than is °^5®”trsSch”sign'^at^any tine that Developer agrees i®l°=»te su upgrading in either.Willow Road « “P^^^fthe said pylon sign location fhazlrd^or prevents wmal and customary road maintenance. ronolianse: At ^ny tine and^fron^time^to^tine^th^ Developer may reques 4.v,;»4- the terms and provisions ofrcertificate certifying that the terms^a^ this Agreement ^f®Jce and effect with respect to the Agreement is in full facilitating sale,dlvelopnent for the purpose of facilit g there be any bona fide defaults in^s^^^^ Developer shall ‘>® e and thereafter the City t^:!i°Sr"obllga?enr^-i^e such certificate. Effect;. The benefit of the heirs, binding upon and .-d assigns of the parties representatives, Developer, if there be morehereto. References herein to De l P agreement than one, shall mean each placed of record so asat the option of ^he City shall to give h°hi=®^®^?, or any part of the property, encumbrancers of all or any p • aareement it shall be required Noticesj. Whenever demand be given or served by or permitted to or on the other party,either party to this agreement to^or^^^^ personally .or such notice or ®^®^Lified mail (return receiptmailed by United states cert^f^ below. Such notice requested) to the ad timely given when delivered or demand shall be ^®®^®ited in tL mail in accordance personally or when deposited in with the above. Notice to City City of OronoClerk/Administrator P. o. Box 66 Crystal Bay, MN 55323 to DPvelOPer: Clifford L. Otten p. O. Box 249 Long Lake, MN 55356 and contracts for P be and hereby are mad ^^r^f th!s"afret&y reference as fully as if set . out herein in full. 12. OUl, UCAca.** - ^•4-tf. Tt is understood and agreed that the nicriAimer by__Ci^ it agents and „ City, the City ' -gonaiiy liable or responsible inthe City ®hall not be^parsonally^l^^ contractors, any manner to the Deveiop« . Initials of Developer initials of City clerk Page 4 of 6 13. 14. 15. subcontractorsf materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or^ character, arising out of or by reason of the execution of this agreement or the performance and completion of the improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default: Default by the Developer of any of^ the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the city and the developer, this Planned Unit Development Agreement shall control. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of:CITY OF ORONO ' • ^ \ . t, C ^ * V * * , *,# / *3 * * » / let I I ^ ^ i A • ; THERESA L. NAAB notary puolic • Minnesota HENNEPIN COUNTY My commiMlon •npxt* 9-5-92 Page 5 of 6 Initials of Developer Initials of City Clerk~^^Ad 1^ ^ty Off; THIS INSTRUMENT WAS DRAFTED- BY /!iTY CP C^-ok)0 no, uoo Official) c'/vST/tL. ;^/tv (name and address) STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 23rd SANDRA K. RODENZ lOTARY PUBLIC • MINNESOT/ HENNEPIN COUNTY NOTARY PUBLIC • MINNESOTA m <► - ‘ \ My CommlMlon Eiplrtt S«pl. 3S, 1991 | < <**t*4****4St::<o:«<ct«****^9^*i»*****»* ^ l ( nit A Notary Public STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990 by James R. Grabek, Mayor, and Dorothy M. Hallin, City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporatp-en „o5S?““oWA^ia Notary PubrTc OCT 22/ Page 6 of 6 Initials of Developer Initials of City Clerk^^^jj^' 1 f i. ?■- j- ORONO OTTEN POD AGREEMENT INDEX 1. 2. 3. 4. Plat of East Willow Woods B-6 zoning standards PXsiris • Sadingt^Drainage^&"soil^Erosion^ Plan printed 4/6/90 Slope Analysis printed 4/6/90 Landscape Plans 6/23/89 i/A/on• Elevations of main building/accessory building plans 1/4/90 Road and Utilities Easement over Outlot C > 3ini« « rriA ■■ ■■r-Y—.■ 1 II *9iwtn ■f'TY ■ ■■ —in I BT f ■ rirvji ■■ -■■ A.. ^ IsW.tAl 7l^t^9:.Zl ■ UlSIlfl SSSSSoBaaocooo^ :i;i(:(i;i|3.Xi(i;^nA;l :3:»C:CC7;CMM t:5Kiast4:si^«l 'H4'f7*l»77niiqn«*xq»*;;;q3qti5 . . _ _s=5«f|eseecfCBsssssag 3t;tii(l33S|(3a»X| t>rr**isa«a8B(} €ooo </) :.; v;v-r*f , r ’ r 1 i ■ W .0..0- f/..i'.: ?>H s T Cr» " n • CD • CD • ai i -4D c CD•s::n I -• n% I oM i •' I • ^ 2 n f ? f j |[ • ?f ii i{ 11 9D i5 liP|r I li ‘n f fl r:' ? ? 5|!? - • • # f ’i I I i ii II n liI! £l 2 I II f I f, ( fs Iil f "Ai ! Q ll: ■[f SI } I. 1. I; i: [ .! f f T 5: m • •• mi , ■ * • • ,‘i ‘1( ■I If s.I s ■[ I 1 H I » *•* )•x» 4. • IB *tWm!ilSphi!in-Ef{{l:| !ji!'I>tli| '!/M I''I B f [• 1 fIf i • I I I I ! fHif II t • * if ?fl 1 ss f! r t it i-’i»l|l lijf!r •fi nil • iiir- •H ][ |ft [ ( HI il ji i! 'ilf I ■ "Mi" i i i ! : a:i If* if'll I rl i! Iu ^ • m \n S|fj]..f I i.if I’l •I Ii» ( •• r I \i \ -rJiM II I R£f 5 I I ‘I I i* 1h ^ ll[ f I !ii. i n II,j i! t ' 1 ii ‘ in fi T 51 n 11 1 !! I i. il [f il ft if 5I il c I f .HI 11 fi i I^5 I I ii i*' m </> - •• • . .. •• O ooo (/> ■nHSEibasiu D 10.45 SECTION 10.45 B-6 BlCEWAlf COKKERCIAL DISTRICT Subd. 1. Purpose. The purpose of the B-6 Highway CoBBerclal District is to provide a coBBercial district tailored to accoBpIiih \he cosBercial develop&ent objectivea of the Highway 12 Corridor Study Section of the Orono Coaprehensive Plan. Subd. 2. Application. All applicanta for a building perBit in any "B-S* Highway Business District shall be reviewed by the Council and referred to the Planning CoBBission for review. Subd. 3. Permitted Uses. Within any ■B-6* Highway Business District, no structure or land shall be used except for one of the following uses or uses deeaed similar by the Council. A. Offices (business and professional). B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. 0 E. Restaurants (Class I). 0 Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and sized use developments may be applied for through the planned unit process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district. Conditional Use A. Within any "B-S" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Any business listed as a permitted use in the zone that includes a drive-thru condition. Subd. 5. Accessory Uses. Within any "B-C* Highway 10.45 .h.ll be permitted thet results In requited by the Council end those plene shell be reviewed by the City Engineer before submission to the Plennlng commies on council for spprovsl. Such runoff mey be required to t** Channeled into a natural .star course, Pf or other public facilities. Any change in grade affecting wat runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan consistent with other applicable regulations or ® *. proelsions and subject to the approval of other agencies having jurlidiction over the area affected by the drainage. G. Heights Ho atructure or building ehall axcaad 2-1/2 stories or thirty feet In height escept a. provided In Section 10.75. B. At least twenty five percent (35%) of the land area shall be landscaped with grass, approved ground cover, •»>'“bb.ry «.d trees. At least three percent (3%) of the l«.d ere. -Ithin a parking area shall bo landscaped. The following minimum sixes shall be requited at the tine of plantlngi Ovecatory Deciduous Trees Ornanental Trees coniferous Trees Major Shrub Plantings 2-1/2 inches in dianetar 1-1/2 inches in diameter 6 feet tall 5 gallons V totally screened from eye-level view from pu adjacent residential properties. If accessory material proposed, they shall be con.tructed of the aa the principal atructure and be readily serve toog doora. J. Garigta, acceaeory atructures# screen valla and 3 fttumm & !___I " "WiLLdw* rmivp ilX'A^LSStZJL il I I I ' I (. 4 . I • •••«• 4 4 0 ••%•• •• M 4a««««»it •’'i V w«4»y ^} j;s . i/i • I \H.. ----- If ' K Ir • ------.••.•,•••"-' ■ i-. i' I 1—7<"*—ji t \ir" I ® *n 'riTT^xi ! !iii I • \-,ii t: 1MpmI -i —' I • —1—^• — j ,i\.-, ■ J;\* . ' »-I?n,./• f|.\ I «•*<_.^»w I \ __i| ’■TP'.;! G> ■■ : »r __ '3 7T -' 3-t ■f^U^ .V, ^4 ;lV! -\ •1 /*I CT_. ,f‘J" _______K?# '-S *1*1'r . If \ 1 f * . 1 / / r / I j£ f 'r'.. a /‘•Fl Iff r |rii‘| /l^ ! • I 11 !; 4».^ \ \ ff*rr^ »'/// / ' i' |‘i. ■'•.---r/(,y f 1 M i[ ----------»/ ® 'Jr •••• , (' ' ____- T*’ / / 4M*< V •» W ' » / •Nflf NO. t i4«« •.*<««• M4 ««k ««k.^ •»MM4f 9m, /F •■•'- :i{ r Il ‘ I • ' il ( ' trnm PiaAifv OTTtN BROS. NURSERY A LANDSCAPING t«w»l 4 Wl MOM»4f II •Of* •••!• jL//.fcO ^ L f •** U kistoftofwa nrchitocts •.••‘in . >«tf «n «t»r • I V I \i Liiwuc. / w« I ••• «•»«••<••»•••■• % • • •»••»• • *^^rrn.^T • srryji.T" Rs*S/lfclfdW*^wc- :r 1! [■ Ir r -.1 _____I 1 .. }, V V. If / N t r «f • Xi r ro • / 5f iiJt » .t 5;«au ^ r !• r ^ ^ A < n ri >'N' mnn jc<c: *r *'C ill 9W\^ -* Hill y / L / 1 / • s":• rnr '• 1 /IPPii1 • " iy_ (y (il 5! [iif 51 i[ 1 ii f-' • «• J IE [!lU I !!‘[lii :.ni! DJ J fc , ,'H I < !>!! ‘li'ltlhi I X I I l\ ,ri * ■> _(j :i 1. *'f!i i. 1 1 M ! k: • • * « •A*’. • :• • • •• • •• • i• • ’.■» 4 1* ' .I'- • V. • •• ' • • ’ J I *..< ••. *1-, • •. ••. • ------© ©• . •-0 c ------© -© !^ • c. mF® : .V u r* ,*w- |0>- ijji (;5;. «-■-!* !' J 'J‘-'.-|itf '■' A'!;:..:,:.(} Jj — -----0 0 '!ii‘ 4--.. • *m #• ^ t— ■'■ Vii'i .t :i !!0 I' n I I n nr . % iihto. U I-;:i. '■ •0 I :: !•* ^ I I I \ 1 urt<f It Uiiu ! *J-/ ‘I J A ^ :I .li(i ■' A I'TlP'sf- T I • lill ijr- f 9.1a 4 4 ifi!'i‘iR :j •®; 1 I ► ^ /! nil ('• ■: '""-If i|l ft-i '!'! -'. g:: I .•— i. i ---0 1 i 0 -n -40V.- •• • t- t :0JI 440^7*;; \] umi MO.M« fMsnv roll OTTEN BROS. NURSERY & LANDSCAPING ««%U« »i»v« « Ut II iMn* •••••« I* ........ ftt J 0 H 0 $1 “-•0 -0 ‘Pi 0 0 0 0 kitstoflo assodatoslnc architects ary mr? ROAD AND UTILITIES EASKKEBT THIS INDENTURE, April made 19 this Qn ,and day of between ruffnrd L. Often and Louise Wakefield Otten, husband and wife hereinafter referred to as "Grantor (s )*, and the City of Orono» a municipal corporation# under the laws of the State of Kinnesota, hereinafter referred to as "Grantee”. WITNESSETH, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and for other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, aell and convey to Grantee, its successors and assigns, an easement for for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: See Exhibit A attached including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate, and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances including drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO BOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: IN WITNESS WHEREOF, said Grantor (s) have set their hand(s) on the day and year first above written. Clifford L. Otten Louise Wakefield Otten r STATE OF MINNESOTA ) i 66. COUNTY OP HENNEPIN ) _ _ _ _ _April_ _ _ _ _ _ . 19 90 »a-.fleia Ot too^“e ^ the STATE DEED TAX DUE HEREON: This Instrument was drafted by: POPHANp HAIR, SCHNOBRICH, KAUFM7VN 6 DOTY 4344 IDS Center Minneapolis, MN 55402 (612) 335-9331 EXHIBIT A 1-hAf Willow Woods, subject to the restrictionthat no road shall be constructed thereon until: ^ !• such tine as the Grantor, his heirs, successors orassigns, requests sane, or ^ until such tine as an east*vest frontage road is Willow Drive through East Willow Woods and Sugar wood^ to Brown Road with one southerly extension from Sugar Woods line extension to Highway 12 to rezoning of Lots 1 and 2, Block 2, East Willow Woods to a commercial zoning district, or upon the development of Lot 2, Block 1, East Willow ownership and uses of Lot 1, Block 1, l^V'dly L''i?rsSirSiIcre?i^^detlraiies®thi? ^ alternative access is adequate for said Lot 2. C -ay .?L‘‘S^'’userfo? iK?:alfssSS=^^^^ I I ! I I I ! I I I I I I I I I SECTION 10.45 B-6 HIGHWAY COMMERCIAL DISTRICT § 10.45 Commercial Dis\:ri<f^^ls^Vn purpose of the B-6 Highway specifically tailorJ^q ^ provide a commercial district objectives if ^ accomplisii the commercial development Comprehensive Plan. Corridor Study Section of the Orono permit in^anv* "B-6" '^PPlicants for a building the Council and Business District shall be reviewed bycne v.ouncii and referred to the Planning Commission for review. Business1)istrinf Permitted Uses. Within any "B-6" Highway one of the structure or land shall be used except for following uses or uses deemed similar by the Council. A. Offices (business and professional). B. BanJcs and financial institutions. C. Libraries. D. Motels, and hotels. E. Restaurants (Class I). Develoomfnf^’ 4* Relationship with Chapter 10.53 Planned Unit dlveloD^en^.; commercial uses and mixed use d«voi,?rf» ^ applied for through the planned unit witb-’n the\iohw°^^®o applications that include commercial uses und«"lyin", zofi:," dlstr°ict'‘'°" Conditional Use structure OT- Highway Business District, no except "y%ondmo1-,l*’usi p«»itf following uses zone that includ;s*a''dr “vV^hru «^“mon! ^ i" the Subd. 5. Business District,uses: A. / Business District. ORONO CC --------^ ^ JL, ^ 44 W d Jf be permitted accessory s regulated in the "B-1 351-1 Ordinance 67, 2nd Series Adopted; 5-8-89 T r XU• Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. The following minimum requirements shall be observed subject to additional requirements and exceptions contained in Section 10.52 of this Title. A. Lot Area B. Lot Width C. Setback - Principal Structure Front Side Interior Side Street Rear D. Setback - Accessory Structure Front Side Interior Side Street Rear E. Setback - Parking Front Side Interior Street Side Rear two acres 100 ft. 30 (35) ft. * 10 (35) ft. 30 (35) ft. 30 (35) ft. 30 (35) ft. * 10 (35) ft. 30 (35) ft. 30 (35) ft. 15 (20) ft. 5 (10) ft. 10 (15) ft. 10 (10) ft. Setbacks in parentheses apply adjacent to all residential districts. *30 (35) feet or 1 1/2 times the building height whichever is greater in determining front setbacks for principal and accessory structure only. F. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. I I [ I I I I ORONO CC 351-2 Ordinance 67, 2nd Series Adopted: 5-8-89 1 1 1 j § 10.45 G. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. H. At least twenty five percent (25%) of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. At least three percent (3%) of the land area within a parking area shall be landscaped. The following minimum sizes shall be required at the time of planting: Overstory Deciduous Trees Ornamental Trees Coniferous Trees Major Shrub Plantings 2-1/2 inches in diameter 1-1/2 inches in diameter 6 feet tall 5 gallons I. All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed, they snail oe constructed of the same building material as the princ p structure and be readily served through swinging doors. J. Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type, quality and appearance as the principal structure. K. The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adiacent streets, or designed to be compatible with the architectural treatment of the principal structure. L. External loading and service areas must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets, except at access points. M. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacen residential windows. ORONO CC 351-3 Ordinance 67, 2nd Series Adopted: 5-8-89 ORDINANCE NO. 152 . SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.40, 10.44 AND 10.45 OF THE ORONO ZONING CODE BY ADDING, DELETING OR AMENDING CERTAIN PERMITTED OR CONDITIONAL USES ^\T^HIN THE B-1 RETAIL SAI.ES BUSINESS DISTRICT, THE B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT AND THE B-6 HIGHWAY COMMERCIAL DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.40, Subdivision 3(A) is hereby amended by adding the following use to the list of permitted uses in the B-1 Retail Sales Business District: "32. Home and garden equipment rental." « Section 2. Municipal Zoning Code Section 10.44, Subdivision 4 (A) is hereby amended by deleting the following use from the list of conditional uses allowed within the B-S Limited Neighborhood Business District: "6. Home and garden equipment rental." Section 3. Municipal Zoning Code Section 10.45, Subdivision 3 is hereby amended by deleting the following use from the list of permitted uses within the B-6 Highway Commercial District: "E. Restaurants (Class I)." Section 4. Municipal Zoning Code Section 10.45, Subdivision 4 is hereby deleted and the following language substituted in its place: "Subd. 4. Relationship with Chapter 10.53 Plaruied Unit Development. Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assxune the 13-6 District as the underlying zoning district. Subd. 4.1 Conditional Uses. A. Within any "B-6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Restaurants (Class 1).. 2. The following uses when such use includes a drive-thru coiidltion: a. Offices (business and professional). b. Banks and financial institutions. c. Libraries. d. Motels and hotels." Section 5. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 28 th day of October, 1996 by a vote of _5_^ayes and o nays. ATTEST: § 10.61 under 15,000 ^^ate'^Feet £o "raoh“%®o6 squa^V^£ert^^e “x4Ts• of'^the “ust 500 squarylft of floor area in the principal structure. »\- i r-Ma-ioB^ Bus Terminals, Taxi qales and3^tvice, Bottling Companies, Terminals, Boat and Mar\^ or less). Garden SupplyShop for Trade (employing six^ple or less)^, Stores, Building ti^r^ for each 800 square feet parking spaces, plus ^ne add^^^ including warehousing and all of floor area over 1,000 , ^ed to the sales and serviceoutside sales and storage/area r functions. \ e Slcrf^no Rinks, \ki Areas, Dance Hall, Public ®’ Recrea^anal Uses. At least fifteenAuction House, ai^imilar Reoreatio^.^^^ off-street parkiiig^ spaces, ?;*•“= one square "m Ms.«.ifaorur ina, Fabr ica t>i»pn or Processing of a , T. Ma Toast four off-streec\parking spaces, plus Product or/Material. At „ cFtnarp feeKof building. One one addL^onal space for each ^ be^V^pvided for each additl^mal f,.uoreof of land deWted to outside 2,50^^''square feet or fraction there_________ ___________.■■_ stciTage —— " 11 AoDlication of Loading Rules to All Districts. The requlatfons and requirements regarding load-g and unloading shall apply, to the required and no" requir d -°a unloading £^=fnties in all the dis«^ u ,^btained, oil loadinc Of these requirements, a fraction one-half or more, and no !badinf space® s'’hTll be required for a fraction of less than one- half. c V.A 1 ■> Location of Loading Berths. All loading j-hc crhAil be 25 feet or more from the intersection of two street rl^ht-of-^ay lines loading berths shall not occupy any yard requirement bordering a street. qnhH 12 Size of Loading Berths. Unless otherwise =^®nVt®h^ ^^®d\S ”L^rfn ®A‘’d®d\M'o°^arbe^^rhs1ralf bl®?^ lL%=^h“tu \oldinq^ b\%” s^^srali^at^t^ain a height of 14 feet or more. e KA ^A Access to Loading Berths. Each loading berth 0?®auey IST^tn^r^hflhS\^a”s®rut°erfer^^^ 387 (4-1-84) ORONO CC § 10.61 berths and^accesswlVs shallTdu^^able materUu""'^ Subd. 16. Storage Prohibited. Any area allocated as a required loading berth or access drive so as to comply with the te?ras hereof shall not be used for the storage of goods, inoperable vehicles nor be included as a part of the area necessary to meet the off-street packing area. Subd, 17. Required Loading Berths. Where the principal use of the structure served is as listed, the miniraura number of loading berths shall be as shown. A, Auditoriums, Convention Hall, Public Building, Ho«;oital School. Hotel, Sports Arena. At least one loading berth 25^feet 'in length for each building having 1,000 to 10,000 square fLt of floor a\ea. For buildings having 10,000 to 100,000 square feet of floor area, one additional loading berth 50 feet in length. B R6tail SdlGS Grid SGrvicG Stores, Offices* At least one loading berth 25 feet in length for each building having 6 000 square feet of floos area or mote plus one additional loading berth 50 feet in length for buildings over 25,000 square feet up to 100,000 square feet. C Manufacturing, Fabrication, Processing and Warehousing. At*least one loading berth 25 feet in length for each building having 3,000 square feet or fraction thereof plus one loading berth 50 feet in length for each 25,000 square ..eet of floor area up to 100,000 square feet plus one loading berth for each 50,000 square feet of floor area o«/er the, first 100,000 square feet of floor area. Thetoperator of the business shall have the option to declare the length of the berths required for buildings above 100,000 square feet of floor area, except that one-half or more of the total number of berths required shall be 50 feet in length. D Other. There shall be provided adequate off- street loading ’space in connection with all structures which require receipt or distribution of materials by vehicles. Subd. 18. Gas Stations. Motor fuel stations in all districts shall be subject to the following performance standards: A. Fencing. A fence, wall or landscaping of acceptable design not over six feet in height or less than five £eet shall be constructed along the property line when said use abuts property residentially used or in an "R" District, and said fence shall be adequate^ly maintained. Application of this provision shall not require a fence within the required front yard or within fifteen feet of any street right-of-way line. L ORONO CC 388 (4-1-84) LAURCSS V.ACKMAN OCRAtO C.MAONUSGH COW^ARO M.OLENNON MELVIN I.ORENSTCIN ROBERT J.SHERAN ISRAEL C. KRAWETZ EUGENE HEATING JAMES R.MARTINEAU RICHARD J. FITZGERALD JOHN A. FORREST WILLIAM E. FOX JOHN J. CONNELLT JERROLO F.BERQFALK OAVIO M.LEBEOOFF JOHN H.STROTHMAN DAVIO O.NEWHALL KURTIS A.ORCENLEV ROBERT V. ATMORE RATRICH OCLANCY RONALD O. VANTINC JOHN B.WINSTON LAURANCE R.WALOOCH Thomas h .garrett hi oaryle l. uphoff DAVID J. DAVENPORT MARK R.JOHNSON RICHARD A.PRIMUTH R. WALTER BACHMAN THOMAS L. FABEL JEFFREY R. SCHMIDT timothy m. butler ROBERT C. MITCHELL. JR, J. MICHAEL DAOY J. KEVIN COSTLEY ROIlCRT J. HARTMAN JOSEPH C.KOHLER RICHARD D. MCNEIL DONALD C. SWENSON BRUCE A. BONJOUR JAMES P. MCCARTHY STEVEN J. JOHNSON RICHARD IHRIQ carol T. RIEGER RODERICK I.MACKENZIE WILLIAM E. FLYNN JAMES W. REUTER MICHAEL S.MARGULIES THOMAS O. LOVETT IV Thomas e.glennon JOHN R. HOUSTON DENNIS M. O'MALLEY EDWARD J. WEGERSON LINDQUIST & VENNUM 4200 IDS CENTER MINNEAPOLIS. MINNESOTA 55402-2205 TELEPHONE I6I2I 37I-32M FAX: I6I2I 371-3207 CABLE} LINL/.W MINNEAPOLIS WAY2ATA OFFICE 740 EAST LAKE STREET WAY2ATA. MINNESOTA 55391 WRITER’S DIRECT DIAL NUMDER (612)473-4208 DANIEL J. SHERAN DAVID A. ALLGEYER TERRENCE J. FLEMING ROLF ENGH RICHARD T.OSTLUNO DEBORAH M. REGAN MARTIN R. ROSENBAUM ELINOR C. ROSENSTEIN ROSANNE H.WIRTH DEBRA K. PAGE MICHAEL D. OLAFSON JOEL H.GREEN David L. hall ETT CHARLES R. WEAVER. JR DAVID L. SASSEVILLE DAVID A. DONNA JONATHAN M. BYE MARY P. MCCONNELL SALLY S. GROSSMAN timothy R. baer timothy S. mcintec JOSEPH A. THOMSON ANN L. IIJIMA ELIZABETH G. ABY sally j. WHITESIDE KATHARINE N. HELMS WALLACE G. MILKE CHARLES P. MOORSE PATI JO POFAHL LUKE H. TERHAAR KAREN L. SCHREIBER C harles j lloto JAMES A lODOEN SUSAN R. MONKMEYER JON G. TPANGSRUO timothy Y, wonc randy g. gullickson SARAH DUFF HALVQRSON SANDRA KIM WILLIAM R. MIKOS ROBERT E.TUNHE iM ANSIS V VIKSNINS LAURA L DALY or '-OUNStL LEONARD E. LINDQUIST NORMAN L. NEWHALL RCTiPCO Thomas vcnnum April 24, 1990 Mr. and Mrs. Joel D. Walvatne DELIVERED BY messenger 2374 West Lake of the Isles Blvd. Minneapolis, MN 55405 Re: Otten PUD Dear Joel and Diane: We've talked several times over the last few days about the above project including our discussion at and after the Orono council meeting of April 23, 1990. Let me summarize the situation to date. From Cliff Otten's point of view the repxatting of this part of Ringerwsood is beneficial both to you and to him. The benefits to you are the following: 1. 2. 3. 4 . 5. 6. You give up land to the south of your property below the brow of the hill, but you receive an equivalent size parcel to the west of your land. The land you are giving up, being below the brow of the hill, is out of sight of the rest of your land, faces squarely on to the commercial development and Highway 12 and is therefore undesirable land, and by contrast the land you receive to the west- provides beneficial shielding from the commercial development which will occur west of Willow Drive and shielding from the cars on the frontage road which Orono wishes to build. The new land from Cliff otten provides you a primary and an alternate drain field site such that you can utilize all the rest of your own land for house, outbuilding, driveway and landscape purposes without concern for drain fields. You get berming which you otherwise might not- get. You get landscaping which you otherwise might not get. If the project goes forward you can court on Cliff Otten's cooperation in getting sewer to your site should you wish to have it. 8. LINDQUIST & VENNUM Mr. and Mrs. Joel D. Walvatne April 24, 1990 Page 2 •7 with Cliff qiving you the land to the west of your site you are assured that there will be no commercial use nex to your home and instead that the commercial use be to the south and across the frontage road, if it is built. It is in both your interest and in cliff's interest that the frontage rLd not be built. Sid Rebers „ the frontage road. If the frontage road is not built, yo 5ui then hive all benefits and no “J^triments because the slopped hillside where the road easement is l°«ted won in fact be developed as a road. Additional trees couia then be put there. 9 As Mayor Jim Grabek told you on April 23, had told you several times previously, Orono will all tht location of the road to be moved 'because of alignments needed to the east and west and because of the well site. Also be aware that Orono has a considerable investment tilwen i? dug on Cliff^s lot and on the test Permanent lulilipal well it is digging on outlet B. improvements are yet owned by the City and if t p j does not go forward Orono will either wells or# in order to got the project to move forward, will have to condemn your land in order the project forward and get the wells Dosition is that he would put into any condemnation award thi lanS he has already offered you to the west of your site reducing the dollars which Orono would have to pay you for the southerly portion of your site shown on plan of East Willow Woods to virtually zero. In event Cliff would perform his existing agreements with SrIII regarding purchasing the test well site from Orono and selling Outlet B to Orono for the agreed sum. While the foregoing sets forth the facts regarding the ^ «rMTic»r>+- Cliff Rob LaFavcr and I wish to do everything we can to satisfy you*that you are getting appropriate screening 5IIm ?hl dllelopllnt, and the road if it is built. To that end, the oresent landscape plan provides for the trees to be more or Ills mil tll of hill on the north side of the road right- ol-Ial; wl vilw this as the best location for those trees since they will provide you maximum screening even from day °ne- By contrast if the trees are planted further down the slope onto outlet C (the road right-of-way) then you “°®j^g®cit^benefit from those trees for some years. In addition, th y would have the right to cut down trees when and if it installed the road. The city has indicated to you that the ci y standards do require a 60 foot road. One of the reasons for the 60 foot is that they plan to put a 10 foot trail along sid^of the road. There is nothing that Cliff Otten can do about either of those facts. LINDQUIST &. VENNUM Mr. and Mrs. Joel D. Walvatne April 24, 1990 Page 3 To further compromise the matter, we offer to plant trees along the south side of the road on Cliff's property as screening now. We also offer to give you a promise to plant additional screening where you wish it to be on your property at any time over the next three years in the quantity specified in the present landscape plan. That gives you the option of deciding when you want the trees planted and where you want the trees planted. Further, if you would like us to plant some of the trees on Outlot c with the idea of transplanting them elsewhere within the three year period if the road is built, we would do that as well. The foregoing are all of our thoughts to the present time. As you know, time is extremely critical with regard to whether this project is a go or a no go. You've indicated several times that it is not your desire to stop the project, but rather to make certain that you are being treated fairly and you are getting all you are entitled to under the Orono planning process. Please be aware that if you and the Gates do not sign the plat you will have killed the project and the consequences will be what they may. By contrast, in order that the project go forward you and we must come to some compromise of the situation. To that end it is essential that we meet as soon as possible due to our time constraints with our contractors. The situation is that they have held open their contracts for just so long and we will not be able to hold them to their contracts too much longer. If the contracts go away then the project will be dead for 1990 as far as we can tell and at a minimum there will be great unhappiness on our side. Please talk this over and call in order to make arrangements to meet us when and where you like, whether it be at your place, on the site, at the city hall or at the city attorney's office in Minneapolis. We are at your disposal and look forward to hearing from you. Thank you Very truly yours, LINDQUIST & VENNUM Robert G. Mitchell, Jr. RGMimlc CC: Clifford L. Otten Thomas J. Barrett Mark E. Bernhardson Jeanne A. Mabusth Mayor James Grabek Application Date: 7/22/98 Completion Date: 7/22/98 60 Day Deadline: 9/20/98 COUNCIL f/.LEl i.v REQUEST FOR COUNCIL ACTION SEP 14 1998 crn' cr orono DATE: 9/14/98 ITEM NO •= 6 Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2406 Paul Larson on behalf of Gerald and Sandra Erickson 2683 Casco Point Road Variances-Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:20,230 square feet (.46 acres) Application: The applicants have proposed to remove the existing house and detached garage on the property to build a new residence with attached garage. The applicants do not intend to remove the existing boat house with stairs along the lakeshore. This application requires the following variances: 1. Accessory structure to remain on the property without a principal structure. 2.Hardcover in the 75-250' lakeshore setback. The applicants are requesting 3,975 s.f. (29.5%) where 3,366 s.f. (25%) is allowed. 3. Proposed lot coverage exceeds 15% on the lot. The applicants have proposed to exceed allowable structural coverage by 42.5 s.f. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: approve the variance for an accessory structure to remain on the property without a principal structure. deny the variances for structural coverage and allowed hardcover within 75-250' of the lakeshore due to no apparent hardship. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution, 1 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Gerald & Sandra Erickson 7618 Welton Drive Madison, WI 53719 TYPE OF APPLICATION: DATE OF MEETING: 8/17/98 Variance ZONING FILE #2406 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 18, 1998 COPIES TO:Paul Larson 3877 Shoreline Dr. Wayzata, MN 55391 VOTE:6 FOR 0 AGAINST Planning Comniission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: • The lot must meet allowed structural coverage of 15% and not exceed 25% hardcover in the 75-250' lakeshore setback. Applicant's next scheduled meeting is confirmed as: City Council September 14,1998, 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. c!t X:\APPS\WPWIN60\WPDOCS\CAROLBPCACTION\2406 •»- . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUED. 9 (A) FILE NO. #2406 WHEREAS, Gerald and Sandra Erickson (hereinafter "the applicants") have an interest in the property located at 2683 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows; Lot 1, "Auditor's Subdivision Number Two Hundred Sixty-Five (265), Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 17, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (A); to permit an accessory structure to remain on the lot without a principal structure for period between the removed of the existing house and construction of a new residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2406. The property is located in the LR-IC Single Farru:. Lakeshore Residential Zoning District where 1/2 acre or 21,780 sq. ft. is u « •'••iiiimum lot area. The property consists of .46 acres or 20,230 sq. ft. 3.The Orono Planning Commission reviewed this application on August 17, 1998 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 4 1 A. 5. 6. B. D. The boat house would only remain on the lot without a principal building during the demolition and reconstruction period. The lot is only required to meet 80% of lot area and width requirements because it is sewered and less than 1 acre in size. C. The size of the lot allows an adequate building envelope, no other variances should be allowed to construct a new home. A letter supporting the preservation of the boathouse was submitted by a neighboring property owner located at 2691 Casco Point Road. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, tne Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subd. 9 (A); to permit an accessory structure to remain on the lot without t principal structure for period between the removed of the existing house and construction oi a new residence. Approval was subject to the following conditions: 1. No other variances shall be approved by the City Council on this lot. Page 2 of 4 r 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 14, 1999), 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resoluUon and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of September, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 Mfiitii ■ ■Mill ■■ ail 1.11 i ■ f la r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of September, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199_ before me a Notary Public within and for said county, personally appeared _________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of and for said county, personally appeared .» 199 _before me a Notary Public within known to me to be the person(s) described in and who executed the foregoing instrument and acknowledged that he (they) executed the same as his (their) free act and deed. Page 4 of 4 ............ ..li. ■ » ^ — « t m. . ./m f |tffff*« F-t—T.V • Tf laVr -■'•L- • ja • < • V* t Chair SmiUr and Orono Planning Commission Members RrMoorse, City Administrator rrOM: Pau.Weinberger.AssistantZoningAdmirdstrator DATE; Augusts, 1998 subject : .12406 Paui Larson for Geraid and Sandra ErtcUson SUBJECI. gg3 Casco Point Road ------------------------------------------------------------------ ,n/2Acre) , „ 3C one Family Laheshore Residential District (1/2 Zoning District: 90 230 cqnare feet (.46 acres) Lot ----------------------------------------------------- evisting house and detached _____exceeds 15% on the lot. The app _______ Pertinent Ordinances: . section 10.03, Subd. 9(A); Accessory Structures section 10.03, Subd. 6(AXD^ Undersized Lots . section 10.03, Subd. 14(C): Lot coverage D2m Gerald and Sandra Erickson 2683 Casco Point Road yanances 3/17/98 Page I Proposed Hardcover Variance Requested 319 s.f. (4.7%) none 3,975 s.f. (29.5%) yes 0 none 0 none 29.5% where 25% is allowed. Percentage Total Lot Size Total Structural Coverage 20,230 s.f.Existing: 1,923.5 s.f. Proposed: 3,077 s.f.___________________ 9.5% 15.2%__________________ i he lot would exceed the a&wed stractural coverage by 42.5 s.f. ANALYSIS Variance STATEMENT OF HARDSHIP The applieanfs have included their sutement of hardship in Exhibit A. The appiicant shouid also be asked for theii feiiimony regarding this issue. 1. rriteria foL The property in question cannot be pu, to a reasonable use if used under conditions allowed by the official controls. tocating the house closer to the road and the structure downsized slightly. U24G6 Gerald and Sandra Erickson 2683 Casco Point Road Variances 8/17/93 Page 3 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 4. 5. 6. 7. 8. The applicants have proposed to build a home that could be downsized slightly to accommodate the size of the lot 3. The variance, if granted, will not alter the essential character of the locality. The variances would not change the locality, as the property currently functions as a single-family residence and several properties near the subject lot contain boathouses. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remiin residential, which is consistent with the zoning. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The property can accommodate a residence with attached garage by altering the site plan. The boathouse existed prior to current zoning regulations. The conditions do not apply generally to other land or structures in the district in which said land is located. This lot is similar to other lots in the locality. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The boathouse existed prior to current zoning regulations and does not appear to require major renovation at this time. i^2406 Gerald and Sandra Erickson 26S3 Casco Point Road Variances 8/17/98 Page 4 1 9. 10. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The granting of variances would not be a public hazard or contrary to the intent of the Zoning Code. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variances from lot coverage and allowed hardcover do not appear to have a demonstratable hardship due to the lots ability to accommodate a residence that would meet Zoning Code requirements. The variance to allow the accessory structure (boathouse) to remain without a principal structure coula be interpreted as a hardship as the structure has been on the property before the adoption of the Zoning Code. Issues 1. 2. The applicants are requesting three variances (hardcover within the 75-250' lakeshore setback and lot coverage to exceed 15.0%) and a third for an accessory structure to remain on the lot without a principal structure. The accessory structure would only remain on the lot without a principal structure during the demolition and reconstruction period. 3. All required setback and yard areas are met. 4.The lot is sewered and under one acre allowing lot width and lot area to only meet 80% of requirements. STAFF RECOMMENDATION Staff recommends approval of the variance for an accessory structure to remain on the property without a principal structure. Staff recommends denial of the variances for structural coverage and hardcover within 75- 250' of the lakeshore as a result of no apparent hardships. U2406 Gerald and Sandra Erickson 26S3 Casco Point Road y\*fiances Pag! 5 Attachments A B C D E F G H I Application Statement of Hardship Plat Map Location Map Survey/Site Plan Site Topography Hardcover Calculations Property Owners List Permit Record ^2406 Gtrald and Sandra Erickson 26SS Casco Potnt Road Variances 8/17/98 Page 6 EXHIBIT A atpucationInltlil Apphqitioa Fee S250.00 ($50.00 per each addhtoail varUace) Renewal Variance Fee S150.00 (no change from original implication) V^anoe thr non^confonnlng stnictuies S250.00 After*lhe-Fact Feea (Double application fee) • • PROPERTY INFORMATTON ^ v SlteAiMrea e CdSCO Property Identification Number (P.1.D,) IfaafAl ^ ____t* . Appllcatloa # P-^Ci(o Data Received*"') j - «=> / Amount Paid »<>*> 7. fPfiL^ Present ^ orproperty Zoning District Lid C \A APPLI ^’«ne ^----------- c ^ AddeessI^ n I ;r.^ DESCRIPTION OF REQI Phone (hame)_ ____Phone (wotk)^ Qty r[p(ju.|2a.-f2>-.. Zip:_^g3^ r- •■.-v C... * . «;.vJ ' =>•<.. 5"^ % VARIANCES REOtlRED ■ Lot Area y r^c Setback: ot Width Front Side J^^Hahlco%er __Rear _Lot Coverage OAer (specify) li/TBMT 7^ Average Lekeshore 0^/FT Mf€- UNUSUAL PROPERTY CONDITIONS (^<nae^mpeirtfj-V)-dv vp^-nrA olacj>/'jLyFh property ccjiditlons prevwitiM /n-ti j /Kom^orri ;z:^ ^ ±U^ y, y l4j/lJ-C.(\^ iQ-Q-tA^M-^_ IjS TO; CITY OF ORONO regarding PROPERTY : So^^DESC^O r'wT 1 AUD SI® 265 EXHIBIT B bequest for standard lot VARIANCE: AND ARD LOT PLATTED TOO NARROW AT THE LAKE requesting a HARDCOVER VARIANCEC FROM 25% TO 30%): '^^^ISpropertytothenor™^^ ^ tn® ™ US TO E^rrEND n ONO X^IGHBORHOOD LOOK the north for fire safety which W OUR DRIVEWAY . also , because of fiSSom to our house Nl EXHIBIT C \ X X ft ^ \' -•''' (21)>'^ X % \V (23) ^ \\ . .-'■/ /• 'X I'-M'^ ^\ sO y /-™i'' ....«^»*r^ -• ■■■■:.'! 4:7,65 NA'.*?>'» TC55£*‘iS l>iC 'Z^Z4 /-.J26)«»w # ^\ '^u 2M ’’ si2Ul5/ /40'oir' ,';,Vis—//-5J \7 y/ r>2 ^4 Pi a n 1^3) 2«i. 55 4 91 24 *. /J?__13 1) A' -('■$)! I I :— 4c »4(>/ , ; I COC fiO 293:404•4/^—1* & A//.?:. 2 5.: 2^^. (3) Z' i ■ /? 17 , 19) 5 (20) Parcel Information h .-.'SSSSK ”™”' M»i» CASCO POINT RO 7^- =fe \X «'/(:2)/iw y /•7\ /X-'A*. EXHIBIT D Skogsberg Point % West ^ \% %Ns Shadywood Point X I PEERING ISLAND 1- SHORELINE PL . 3' VEST SPRING!;2- oa OTERO AVE ARM "O SH0REi;/Vf2_ ' — 5T S u ■ HATTIES — err Mill J*n 13___r— dr S MTERLACHENRO Spring t ly Park III Bay t‘i{ a -»{^nin60MBiY n> “■ . Pelidin Point GOOSE . -- ISL^ND SPRAY » r* T A \ ^ •! t I EXHIBIT E .. • •# « • ••• • $ CERTIFICATE OF SURVEY FOR. ’ GERALD 8c SANDRA ANDERSON OF LOT 1. AUD. SUB. NO. 265" HENNEPIN COUNTY. MINNESOTA • : Iron moriiir fomd a : Iron rnorliof tot ^ ^ , Boorings iho«n art Ooitd wpon on ottumtd dotun •* • ■ • • t • ' k * • • • COFFIN & GRONBERG. INC i-coaiTw Docsa me bmw k funn ' m TAkMJUCX AVIMJK. IOC UM. Iti M3M tl2-47>-4l4l • I a»irt iMf 9m ytcyow 9U MVMO tr It -« iK»* m 0«» n«f I M« * tar uc»«o menxaam oocit (MO •• U« O ■« *»*« • t'Oi’A Oa TC 7/17/98 • *• V i m ••• 9mm •• •« ^• • EXHIBIT F ; * j ^ •! f I **• * *EXHIBIT E > «« «»• •• »* , t• •« • •. •• • • CERTIFICATE dF SURVEY FOR. ' GERALD Sc SANDRA ANDERSON ■ .OF LOT 1, AUO. 'SUB. NO. 265’ HENNEPIN COUNTY. MINNESOTA • • • 1 \ * * • ^ • u?^* "SSroIrs two huicrco s«tY-fivc.(?wx TMt intends to thoio Iho bouidoriot of tho obovo doterM proporiyi ond th# lecoUon of on tdiUng houot. porogo. boolhouM ond dock UMfOOfV n dooB not p»rport to thoo any otMr ImprovomonU of dncrooebmontt. o : bon mortior fouid 0^ : Iron morlior ott ‘ Booringo ihown oro besod upon on ooourtHd do tun H • * • » • * • I I • f • • WiSB IBtKarroi — COFFIN ft GR0N6ERG. INa «e tMMtMIt IM iA«. A ms •ia-4F>-4UI • • loiov cowT iMt tm nan »<crcanu <■ ■ai MVMO Of • MOW Hf OKCf 0«**5*.*!* mar IMAA Mkv MCDOW PwmomM oocio «• uia « uai o at va« «bafC 7/17/ta ^1t M(jLfU- Wlb • ‘ • m »••• • • • t •p EXHlBl'i' y ! i ^ G£i^A(.o 4^DCt\iCiJ . 7-22 -»9^HARDCOVEIiXALCULAllUiN WUKKihUtJt 1 7<r (CIRCLE ONE) ^5^75p> 75-250’ 250-500’ 500-1000'; EXISTING HARDCONTR IN ZONE A. House ______________ Ltn^th B. Garasc X X X X Width • t S.F. JL. S.F. __S.F. S.F. • t. S.F. . C. Driveway X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X # X X X X * « • « • • • • S.F. S.F. S.F. S-.F. S.F. G. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE ‘ A- * - B PROPOSED HARDCOVER IN ZONE A. House . - ________ X Length B. Garage '____ C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other . X X X X X x = X X X TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE A______________B X 100 = WidUl X 100 - n y S.F. S.F^.* S.F. /O * • . I- S.F. A B S.F. ? \ - :5 ^S.F. V S.F. * S.F. f:-7So _ S F. A B \\ r HARDCOVER CALCCLAtK^^ \\UKKbHJtE s£f6lllBi3N6 (CIRCLE ONE) ^?DCO\TR IN ZONE 0-75’ A. Hou$e X Length X X X B. "Garage C. Driveway f X X D. SidewalK-X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ■r B PROPOSED H.ARDCOVTR IN ZONE A. House X Length X X X B. Garage C. Driveway •I ■ » « X X D. Sidewalk X X E. Pati <^De^X X- F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ■____________________. - . • I 75-250’250-500’500-1000’ S.F Width • 4 S.F, S.F. S.F.• • « I. S.F. S.F. S.F. 5.F. S.F. S.F. S.F. S.F. S.F. • S.F. S.F. S.F. S.F. A B • X 100 %i”T 2.'7/‘Z: S.F. Width JOO' S.F. S.F: /?S S.F. • ^S.F. _ /^o s:f S.F.m S.F. S.F.’ S.F. S.F. SJ7S S.F. X 100 - /?. v<5 s.f: 7<> 72' % A B r t: EXHIBIT G JdifeJcKZONE: (CmCLE ONE) * 0-75 HARDCOVER CALCULAl lUiN wokk ^milKI 7'2i'ir m # FVlSTrVG HARDCO\TR IN ZONE A. * House __________•X Ltfnfth X X X B. Garage C. Driveway X X X D. Sidewdk X X E. Patio/Deck X X F. Landscape Underlain t By Plastic Or Fabric . X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -f B PROPOSED H ardcover in . zone A. House X Length X X X B. Garage C. Driveway,X X .. D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -i- BA 75-250’ V^SO-SOOi^ • ’ 500-1000 ’ • I •S.F. Width S.F. S.F, , S.F. • I. .S.F. rs* ss • X 100 « Width X 100 It • . Z£ S.F. S.F. s;f. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^B % A B S.F. ^ # (1 X S.F. S.F, I S.F. (TV • 4 S.F: * S.F,//" ' s.f.'IL ' • : / • S.F.c-.l . - S.F.C:: S.F. S.F. • • A. S.F. S.F. S.F.* * • S.F. O S.F. S.F. ■ % A B lil-. RUN DATE 07/20/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI935901 PAGE 7 BATCH 505 PROP ADDR OWNER NANS TAXPAYER NANE/ADDR S8 20-117-23 23 0001 02683 CASCO POINT RD BEVERLY 8HERLXNG BEVERLY SNERLXNG 2552 W LAKE OF XSLES PKWY NPLS NN 55905 38 20-117-23 23 0002 02691 CASCO POINT RD WILLIAM F MILLER ET AL WILLIAM F MILLER 2691 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0003 02695 CASCO POINT RD JOHN T REDMOND JOHN T REDMOND 2695 CASCO POINT RD WAYZATA MN 55391 w s SH S PROP ADDR OWNER NAHE TAXPAYER NAME/AOOR 30 20-117-23 23 OOOA 02697 CASCO POINT RD Ate KANE A LAWRENCE KANE 2697 CASCO POINT RD WAYZATA HN 5S391 30 20-117-23 23 0020 02677 CASCO POINT RD TYRONE A BUCEY t NILA BUCEY TYRONE A t NILA BUCEY 2677 CASCO PT RD WAYZATA NH 55391 38 20-117-23 23 0021 02665 CASCO POINT RD C R SHUTTS t N B SHUTTS CARL R t NARILYN B SHUTTS 2665 CASCO POINT RD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 30 20-117-23 23 0022 02659 CASCD POINT RD S S STANDA t I S STANDA S S STANDA t 1 S STANDA 2659 CASCO POINT RD WAYZATA NN 55391 38 20-117-23 24 0001 02684 CASCO POINT RD D L RUNKLE t L F RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA HN 55391 38 20-117-23 24 0002 02660 CASCO POINT RD F L HAIR ODE HAIR CO-TRST FLOYD L HAIR I DIANE E HAIR 2660 CASCO POINT RD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 20-117-23 24 0003 02684 CASCO POINT RD D L RUNKLE ILF RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA HN 55391 TOTAL BATCH 505 00010 j i A I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION Of INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF iTHE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDG r EXHIBIT I ADDRESS ^fLtA PERMIT RECORD i ' i I Permit No:Date J2/S'J Type of Permit Od//^ S-3 /A)d::fjiA. /?lili''Lsi .^t.<LutY ■/..• Vltk « OS-'10/9S 15:29 FAX August 10, 1998 Plasning Commissiou City of Orono 2750 Kelley Parlcway Orono, MN 55355 PIJDIS CORP ©001 On 1 RE: FUe U2406 2683 Casco Point Road I live directly adjacent to the south side of this property. I will be out of town on August 17^ and unable to attend the meeting. However, I would Uke to have my feelings in regard to the proposed improvements lo this property addressed. I thinV that you should approve the request for variances as applied for. The only variance that they have requested that you will no doubt take issue to is the keeping of the boattiouse. I Imow that you will be tempted to grant them exactly what they want as long as they remove die boathouse. That would be a tragedy. That boathouse is in extraordinary condition. With a little cosmetic work, it would be beautiful once again. The most devasuting piece of legislation diat the city of Orono has ever passed is the 75-foot setback rule. To slowly destroy the history of the City by requiring non-conforming structures to be eliminated one by one is ridiculous. I implore you io allow iis structure to remain standing. I would also point out tiut this would not be the first structure in the zero to seventy fivc-foot area that you will hAve allowed to be maintained. As a reminder, I was given an after the fact variance to kcqp my boathouse. The Bucey’s who live directly adjacent to the North side of the property were also allowed to keep their boathouse upon rebuilding their bouse. In addition, the Hurd’s just down the block were also allowed to keep their boathouse upon rebxulding dieh house. So if my cry for mercy on this boathouse is not enough, maybe the precedent established by die above stated previously granted variances will give you the strength to do the right thing. I drink that it would be great if you just decided to rescind the rule in it’s entirety, so that I could stop worrying about the destruction that you are causing to the history of our city. Thank you for youf attention to this matter. William F. Miller 2691 Casco Point Road Way2ata, Minnesota 55391 : ERICKSOM-WDISCIJ PHO€ hO. : 6038292778 Rug. 17 1998 02:38PM P3 gX£.VATiOV^ Pl=<e^ FROM : ERICKSQH-MfiDISQH .. .IS''v.. . . .. . . . . PHOhC hO. : 6088292778 Pug. 17 1998 02:38PM P2 t \<2>---------------- T T ■tt—^ 050 IC- l-Z'-jt/l’ tSy eovA^zcxpH fO -» /• X t4 ^E—------» H-^ a F.P.m)U fI -fr C)EV-^/ ©5Dt2 * ■<.............— e5r^oTo^B - ;ioOSf; 4fci ^ pp /T4 viccn i' ‘"Z' *24^ \c,'<\\ ^ pH ei-T* <6*^ S'!* &NZ£^tL 'I230’t> * It 1-2 '24 ® ♦ W\'Z 12'*’ -------------------------'Z.^SO^ V^ATOCCN52. = . ^ ceot-= '.-51 .S« 5T^xec? T^r FLR P I >» .4 ’'fti ------.^hk couNcii. SEP 14 199? CITY cr oao\o REQUEST FOR COUNCIL ACTION DATE: September 11,1998 ITEM NO: ^ Department Approval: Name RonMoorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Extension of Industrial District Moratorium The current Industrial District Moratorium will expire on September 15,1998. The City has not yet completed its study and consideration regarding the types of industrial uses compatible with the City's long-term la^id use plan. The City Council has scheduled a joint work session with the Planning Commission on Wednesday, September 23 to address this issue. The attached ordinance extends the Industrial District Moratorium by 75 days to provide time for the City Council and Planning Commission to complete their work regarding the Industrial District. COUNCIL ACTION REQUESTED: Motion to adopt an ordinance extending the Industrial District Moratorium ' i AlA' ■ ■ lliail I II 1 U t r ORDINANCE NO.SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM REGARDING CERTAIN USES AS PERMITTED OR CONDITIONAL USES IN THE CITY ’S INDUSTRIAL. ZONE, AND ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY RELATING TO THE DEVELOPMENT OF INDUSTRIALLY ZONED PROPERTY IN THE CITY THE CITY COUNCIL OF ORONO DOES ORDAIN: SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10, Land Use Regulations, is to provide for the orderly development of commercial and industrial properties in accordance with the long term land use plan for the City as set out in the City s Comprehensive Plan. As part of the City's current Comprehensive Plan update process, the City Council has adopted a resolution setting out a general concept plan for land use along Highway 12. A number of types of land uses currently listed as permitted or conditional uses in the City’s industrial zone may be incompatible with this concept plan. Therefore tlie City wll conduct a study to determine the types of industrial uses compatible with the City's long term land use plan, both in terms of the character of Highway 12 and in terms of the rural residential character of the City. To ensure that, during the study period, uses that may be incompatible with the City's Highway 12 land use concept plan are not added or expanded; the City imposed a moratorium pursuant to Minnesota Statute Section 462.355, Subdivision 4, on adding or expanding certain permitted and conditional uses in the City’s industrial zone and on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances or other authority related to development in the City's industrial zone. SECTION 2. Because the City has not completed its study and consideration regarding the types of industrial uses compatible with the City's long term land use plan, the moratorium is hereby extended by 75 days. SECTION 3. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. 1 Adopted by the City Council of Orono on this 14th day of September, 1998, by a vote of ayes and __nays. Gabriel Jabbour, Mayor ATTEST; Linda S. Vee, City Clerk REQUEST FOR COUNCIL ACTION DATE: September 10, 1998 ITEM NO.; % Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator's Title City Administrator Report Item Description: Extension of Adult Use Moratorium In May 1997, the City placed a moiato.-am on adult uses in all commercial and industrial zones of the City. The moratorium will expire on September 15, 1998. The City has not yet put in place an ordinance related to adult uses. The attached ordinance extends the moratorium on adult uses 180 days to provide additional time to develop an ordinance related to adult uses. COUNCIL ACTION REQUESTED: Motion to adopt an ordinance extending the moratorium on adult uses in all commercial and industrial zones. Attachments ORDINANCE NO., SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO THE CITY OF ORONO DOES ORDAIN: SECTION 1. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in all or a part of the City while the City is considering adoption or amendments of the comprehensive plan or official zoning controls. The City declares that this ordinance is established pursuant to the aforementioned statute and City ordinance. SECTION 2. Findings and Purpose. The City of Orono is conducting a comprehensive revision of its zoning code. One of the major goals of the revision is to minimize land use conflicts near residenial neighborhoods and to promote maintenance and reinvestment in commercial and industrial property. The City Council is concerned about the effects of adult uses in commercial and industrial districts near residential areas, parks, and schools. The City Council is concerned that adult uses may contribute to instability through increased nighttime noise and traffic. The City Council is concerned that adult uses are not a service to the industrial and community level commercial districts. As a result of the important land use and zoning issues cited above, the City adopted an ordinance placing an interim moratorium on the granting of building permits, land subdivision, rezoning applications, conditional or special use permits, variances or other ^thonty relating to adult uses in all commercial and industrial districts in the City of Orono. This moratorium is scheduled to expire on September 15, 1998. SECTION 3. fvtpn<;inn of Moratorium. Because the City has not completed its study and consideration of possible amendments to the comprehensive plan or official zoning controls to address the issues related to the establishment or expansion of adult uses, the moratonum relating to adult uses in all commercial and industrial districts in the City of Orono is hereby extended by 180 days. Page 1 of 3 SECTION 4. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the 199_, by a vote of___ayes and____nays. day of ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of 3 ' ^— • •• .v-l SEP 14 1998 REQUEST FOR COUNCIL ACTION CITY or GRONO DATE: September 14, 1998 ITEM NO.:1 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Golf Course Irrigation Well Water Meter A water meter for the irrigation system well is required for the DNR water appropriation permit to report the annual water use for the system. A water meter on the 3" supply line from the well to the pond needs to be installed. This mcici will be purchased from Hydro Supply in Burnsville. All of the public works water meters are purchased from this company. This meter will be installed by Public Works personnel. The cost for a 3" Badger water meter is $780. COUNCIL ACTION REQUESTED: Motion to authorize purchase of Badger water meter for the golf course irrigation well from Hydro Supply for $780. 1 f • • SEP 14 I'^ys ClTYOrCRONO REQUEST FOR COUNCIL ACTION DATE: ITEM NO: 10 Department Approval: Name Lin Vee Title Cir/Clerk Adminbtrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Appointment of Additional Election Judges for the Primary Election September 15,1998 _______________________________________ Background At the meeting of August 24,1998, Council adopted Resolution #4155 appointing election judges for the September 15 Primary Election. At that time, staff had not received confirmation from all contacted residents regarding their interest in serving as election judges. Since August 24, two appointed judges have indicated they would be unable to serve as election judges, and staff has now received confirmation from nine persons who indicate a willingness to serve as election judges for the September 15, 1998 Primary Election. With these additional judges each precinct will have enough judges to handle the voting public, although there are no alternate judges. Recommendation It is staffs recommendation that Council adopt the attached resolution listing the names of additional qualified persons who have indicated their willingness to serve as election judges at the Primary Election to be held on September 15,1998. COUNCIL ACTION REQUESTED Motion to approve Resolution No.___appointing additional election judges for the Primary Election to be held on Tuesday, September 1^, 1998. Vote: Ayes_, nays rv.tauM A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD SEPTEMBER 15,1998 BE IT RESOLVED, that pursuant to Minnesota Election Laws 204B.21, Subd. 2, the following persons are appointed as election judges for the Primary Election to be held on Tuesday, September 15, 1998. Lou Ferril Doris Finn Joan Fitzpatrick Barbara Garcia Angie Gilmore Carolyn Graham Kristine Houtman Joyce Shemanek Glenn Tillotson Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held September 14,1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk Page 1 of 1 cuu^'w/iL ;?! SEP 1 4 1^9 REQUEST FOR COUNCIL ACTION c M V DATE: September 10,1998 ITEM NO: j j Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administratcr's Report Item Description: Proposed 1999 Budget and Tax Levy - Resolutions A«1 Tax Levies-Actual 1998 vs. Proposed 1999 A-2 Tax Capacity, Local Levy, & Tax Capacity Rates A-3 Tax Levy Limit Calculation for 1999 A-4 Effect of 1999 Tax Levy & Budget on Homes A-5 Effect of 1999 Tax Levy & Budget on Commercial Property A-6 Resolution Adopting the Proposed 1998 Tax Levy Collectible in 1999 A-7 Resolution to Adopt the Proposed 1999 Budget Proposed 1999 Budyct The proposed 1999 budget reflects an effort to address a number of current needs (some requiring increased service capacity, and others requiring the City to clarify and strengthen the implementation of its Comprehensive Community Management Plan), and to position the City to address a number of long-term public infrastructure needs. Tax Lew The total tax levy required to fund the proposed 1999 budget is $2,339,140. This is an increase of $114,010 or 5.1% over the 1998 levy. The major items causing the tax levy increase are as follows: 1. Increased staffing to enable completion of the update of the City's Comprehensive Community Management Plan and the update of the City’s Zoning Code. These will enable the City to put in place an updated plan for the development of the City, and the updated zoning regulations needed to implement that plan in the face of increasing development pressures. 2. Additional costs for services the City obtains on a contracted basis, particularly fire protection and assessment services. 3.Additional expenses related to public infrastructure to begin to position the City to address long-term infrastructure needs in the areas of parks and open space, streets, and stormwater management. Request for Council Action continued Page 2 September 10, 1998 Proposed 1999 Budget and Tax Levy - Resolutions Eropgrn Class Tax Rate Reductions. Tax Capacity Rate, and Imnact nn Property The 1998 Legislature approved additional property class tax rate reductions for both residential and commercial/industrial properties. For residential properties, the tax rate on all value over $75 000 was reduced from 1.85% to 1.70%, a reduction of 8%. For commercial/industrial properties, the tax rate on the first $ 150,000 of value was reduced from 2.7% to 2.45%, a reduction of 9.26%. The tax rate on all commercial/industrial property value over $150,000 was reduced from 4 0% to 3 5% a reduction of 12.5%. ‘ ’ Due to the property tax class rate reductions, the City ’s tax capacity has been reduced for 1999 taxes even though the City has had substantial new development and growth in property values. The combination of the reduction in tax capacity and the increase in tax levy will cause the City's tax capacity rate to increase from 14.716% to 15.784%. This is an increase of 7.26%. T^e general affect of the property class tax rate reductions on property owners is to shift taxes from high valued residential properties and commercial/industrial properties to low valued residential properties. For example, a home valued at $100,000 would have a $7.03 or 3.9% increase in City taxes assuming no increase in value, and a $20.45 or 11.5% increase in taxes assuming a 5% increase in value. A home valued at $300,000 would have a $0.81 or 0.1% reduction in City taxes assuming no increase in value, and a $39.44 or 5.5% increase in taxes, assuming a 5% increase in value. A $500,000 commercial/industrial property would have a $142.64 or 5.4% reduction in City taxes assuming no increase in value, and a $4.53 or 0.2% reduction in City taxes assuming a 5% increase in value. Lew Limit The State Legislature placed levy limits on City's for 1998 and 1999. The levy limit is tied to the implicit price deflator and household growth. The City's levy limit for 1999, which includes all levies except those for debt service, is $1,919,140. The proposed levy is at the levy limit. General Fund Budget Expenditures General Fund expenditures are highlighted as part of the proposed budget information because they have the greatest impact on the tax levy. The proposed 1999 General Fund budget expenditures are $3,850,340. This is an increase of $212,245 or 5.8% over the 1998 budget. The tax levy required to fund the general fund budget is $1,818,690. This is an increase of $68,690 or 3.9% over the 19*>8 General Fund tax levy. The proposed General Fund budget includes the expenditures related to updating the City's Comprehensive Community Management Plan and updating the City's Zoning Code, as well as the additional expenditures related to increased costs for contracted services such as fire service and assessing service. These e.xpenditures all require additional tax levy. The General Fund budget also includes a number of substantial expenditures related to providing increased serv ice capacity, such as hiring a full-time Assistant Zoning Administrator and hiring a Request for Council Action continued Page 3 September 10,1998 Proposed 1999 Budget and Tax Levy - Resolutions full-time animal control officer, that are offset by increased revenues generated by the services provided. A summary of the main General Fund expenditure increases is as follows: 1. 2. 3. 4. 5. 6. 8. 10. Additional expenditures related to updating the City's Comprehensive Community Management Plan and updating the City's Zoning Code $35,000 Increased expenditures related to a full-time Assistant Zoning Administrator needed to handle the increased workload caused by the high level of development activity. These expenditures are fully offset by increased revenues generated from the development activity. Increased expenditures related to providing animal control services to the South Lake Cities. These expenditures are fully offset by revenues received from the South Lake Cities, Increased cost for assessment services Increased expenses related to maintaining the City facilities Annual compensation adjustments 7. Replacement of an additional police squad car (3 versus 2) with the purpose of reducing the overall mileage on the police fleet to reduce vehicle maintenance costs Increased fire service costs A. Mound Fire Department, $15,000 B. Long Lake Fire Department, $4,000 C. Wayzata and Maple Plain (estimate), $3,000. 9. Increased parks maintenance expenditures Logis inspections tracking module. This expenditure was taken out of the budget for 1998 due to a planned change to an in-house system. Due to staff turn over and other priorities, the change over has been delayed. 11. Contracted fire inspection program 26,000 28,000 9,600 7,700 50,000 25,000 22,000 3,000 12,000 1,500 « ■■Mite tmm d Request for Council Action continued Page 4 September 10, 1998 Proposed 1999 Budget and Tax Levy - Resolutions L Capital Projects The 1999 budget reflects a number of substantial capital projects ranging from roadwav reconstruction, to sewer and water infrastructure projects, to park improvements^ ^ 1. 2. 3. 1 y99. All three of these projects are to be funded with MSA ftmds The Citv’s current MSA funds are sufficient to fund the County Road 15 and County Road 6 projects. The Femdde Road reconstruction project will require using approximately 1 1/2 years of the City ’s future MSA allocation. The future years aLcation is available to the City at no interest. The City does not have any high priority MSA projects scheduled in the next few years. The next two MSA projects were to be the reconstraction of the Willow Drive bridge and the reconstruction of Stubbs Bay Road; however, the Willow Drive bridge will be reconstructed as part of the Highly 12 upgrade project. Mn/DOT is also funding the cul-de-sacing of Stubbs Bay Road at Highway 12, along with a mill and overlay of Stubbs Bay Road from Highway 12 to Watertown Road. working with the Edgewood Hills and Webber Hills A sewjr project to serve the Heritage Lane area is currently underway. The City will provide interim fin^cing for this project through a loan from the sewer operating fund. Ttos loan will be repaid from proceeds of a bond issue that will include the costs of the Hentage Lane sewer project as well as the Edgewood Hills and Webber Hi s projects if they are approved by the residents of each neighborhood. The City will proceed with a bond issue as soon as the Edgewood Hills and Webber Hills sewer projects are firmed up in terms of costs and neighborhood approval. Water projects. The Navarre water treatment plant rehabilitation project will begin in approximately October of 1998 to be completed in March of 1999 The project will be funded through a combination of water fund reserves, assessments to benefited properties and a loan from the City ’s building fund. Planned consistent increases in water rates of approximately 3% per year will enable repayment of the Request for Council Action continued Page 5 September 10, 1998 Proposed 1999 Budget and Tax Levy - Resolutions A. Upgrade of Hackberry Park playground equipment B. Dickey Park improvements C.Saga Hill Park access $ 35,000 5,000 50,000 Funding for Majgr Infrastmcture Rehflhiiitation/rnn.tr..^tjffn The 1999 budget follows the direction set by recent budgets toward putting the City into a better The thlV ^ both current and long-term needs for infrastructure rchabilitation/construction The three mam areas of mfi^tructure rehabilitation/construction are as follows: 1. 2. 3. Sewer and water infrastructure. Street infrastructure. Storm drainage infrastructure. A. lOOV !f “If should be sufficient to fully fund 100/o of depreciation on all water infrastructure. This will provide fiindina to enable the Cit>' to address long-term water infrastructure rehabilitation needs. ^“‘borized staff to move forward with the Navarre water plant rehabilitation project. This project has a cost of $740,000. ^ denLhiLn"’^"".'* “’1‘" P'”‘ ''habilitation and 100% of Kr^^m^r Z 2.8%per year over the next 20 years. Sewer Fmd The Council has directed that the sewer rates be set so that the depreciation on nZse ' 'r'“! ““"’Plish Ihis. the minimum sewer rateincrease, on an annual basis over the next 20 years, needs to be 3.2%. Street .Infrastructure Repair and N/faintenance The City provides for general street maintenance activities, such as pot hole patching and snow and cTtvl'^stil^fJjs'^^^r equipment. Other activities designed to extend the life of the ThP lOQQ i, A ^ overlays, are provided through the use of private contractors. The 1999 budget mcludes $97,000 for contractual street maintenance in the General Fund In 1998 ^ additional amount was included in the PiR Fund to enable tlie City to do more overlay work, -^e to 1 n ^ increases this amount by $5,000. The overlays can extend the life of a roadway by up to 0 years and also reduce or elimmate the need for other maintenance activities during this period. B. Request for Council Action continued Page 6 September 10, 1998 Proposed 1999 Budget and Tax Levy - Resolutions Funding for Storm Drainage Infrastructure There are currently a substantial number of stormwater drainage problem areas in the City. Although some of these can be solved with projects costing in the range of $20-30,000, several of these could require projects with costs approaching $100,000. In addition, there are a number of areas in the City in which a large volume of "untreated" stormwater flows directly into Lake Minnetonka. The Surface Water Management Plan being completed by Bonestroo and Associates will identify a set of stormwater improvement projects that will address many of these problem areas in addition to addressing other stormwater drainage needs. The storm drainage infrastructure will require a large amount of funding from a number of different sources over the next 10 to 20 years. As a significant step in providing funding for storm drainage infrastructure, the City initiated in the 1996 budget, a levy amount of $40,000 per year for storm drainage infrastructure. This levy amount is increased to $45,000 in the 1999 budget. Long-Term Funding for Parks and Open Space Based on recommendations from the City's Parks, Open Space and Trails Commission, the City Council has adopted a policy of more aggressive efforts to preserve and acquire open space, and to provide parks facilities to meet identified needs. In recent years, the City ’s main source of funding for parks capital needs has been park dedication fees charged at the time properties are subdivided. The 1999 budget initiates a tax levy of $5,000 as the first step toward providing a significant additional source of funding. It is planned that the $5,000 amount will be increased each year until an adequate funding level is reached. Budget and Tax Lew Adoption The City is required to adopt a budget and tax levy so that the levy can be certified to the County by September 15, and so that a summary of the budget can be published along with the notice of the Truth in Taxation Hearing in November. After adoption, the proposed tax levy cannot be increased, but can be reduced prior to final budget adoption after the Truth-in-Taxation hearing in December! The proposed budget can also be changed prior to final adoption in December. Resolutions adopting the preliminary 1999 budget and proposed tax levy are attached for Council adoption. COUNCIL ACTION REQUESTED: 1. Motion to adopt a resolution approving the proposed Tax Levy to fund the 1999 Budget. 2. Motion to adopt a resolution approving the proposed 1999 Budget. ADOPT CA City of OronoTax LeviesActual 1998 vs Proposed 1999 A-1 Tax Levy Collectible Increase Percent Tax Levies 1998 1999 (Decrease)Chanee General $1,750,000 $1,818,690 $68,690 3.93% PIR Infrastructure-Storm Sewer 40,000 45,000 5,000 12.50% PIR Infrastructure-Roads 14,480 35,450 20,970 144.82% Parks — Land Acquisition and Develop -0-5,000 5,000 Sewer & Water Bonds 1995 (1989) Water Refunding Bonds 105,650 100,000 (5,650)-5.35% 1992 G.O. Bonds 35,000 45,000 10,000 28.57% 1995 (1985) Refunding Bonds 35,000 30,000 (5,000)-14.29% 1997 G.O. Bonds 10,000 10,000 0 0.00% 1991 Public Facilities Bonds 235,000 250,000 15,000 6.38% Total $2,225,130 $2,339,140 $114,010 5.12% TTie tax levies are shown as reduced by tlACA aid from the Stale, but have not been reduced by Fiscal Disparities Credit. Increase Percent 1998 1999 (Decrease)Change Tax Levy Net of HACA $2,225,130 $2,339,140 $114,010 5.12% State Paid HACA 302,682 302,528 (154)-0.05% Total Tax Levy Including HACA _ $2,527,81.2_$2,641,668 $113,856 4.50% \ City of OronoTax Capacity, Local Levy, & Tax Capacity Rates 1999 Over (Under) 1998 TAX CAPACITY Real Estate Personal Property Deduct Tax Increments Deduct Contrib Fiscal Disp Net Tax Capacity (To calculate rate) LOCAL LEVY Gross Levy Deduct HACA TOTAL LEVY NET OF HACA Deduct Fiscal Dispariues Net Local Levy TAX CAPACITY RATES General Revenue PIR Infrastuctu re-Storm Sewer PIR Infrastructure-Roads Parks — Land Acquisition & Development Debt Service HRA Building Bonds Total Local Tax Capacity Rate Actual Estimated 1998 1999 Amount Percent $14,938,885 $14,691,186 ($247,699)-1.66% 175,312 175,000 (312)-0.18% 0 0 0 0.00% (304,815)(300,000)4,815 -1.58% $14,809,382 $14,566,186 ($243,196)-1.64% 52,527,810 $2,641,668 $113,858 4.50% (302,680)(302,528)152 -0.05% $2,225,130 $2,339,140 $114,010 5.12% (40,770)(40,000)770 -1.89% $2,184,360 $2,299,140 $114,780 5.25% 11.573%12.272%0.699%6.04% 0.265%0.304%0.039%14.56% 0.096%0.239%0.143%149.18% 0.000%0.034%0.034%— 1.227%1.248%0.021%1.74% 1.555%1.687%0.132%8.49% 14.716%15.784%1.068%7.26% TAX CAPACIIY - 'Ilic real estate and personal property tax capacity amounts arc reduced by any tax increments and the contribution amount to the fiscal disparities to arrive at the total value of tax capacity used for calculating the tax capacity rate. LOCAL LLVY - The amount of gross tax is reduced by the state paid I lACA (1 lomcstcad and Agricultural Credit Aid), and by the Fiscal Disparities distributed through the county. TAX CAPACriY RAll*: - Ihc net local levy amount is divided by the tax capacity to arrive at a percentage or tax capacity rate. A-2 \ City of OronoTax Levy Limit Calculation For 1999 Tax Levies 1998 General PIR Infrastructure—Storm Sewer PIR Infrastructure-Roads Parks - Land Acquisition and Develop Sewer & Water Bonds $1,750,000 40,000 14,480 -0- 1995 (1989) Water Refunding Bonds 1992 G.O. Bonds 1995 (1985) Refunding Bonds 1997 G.O. Bonds 1991 Public Facilities Bonds Total 105,650 35,000 35.000 10.000 235,000 $2,225,130 Adjusted Levy Limit Base for Payable 1998: + Implicit Price Deflator [Mar.98/Mar.97] + Household Growth Index [ 1997/1996] + Adj for Pay 1998 M.V. of new C/I constr Adjusted Levy Limit Base for Payable 1999 (1.8%) (1.1%) (0.1%) - 1999II AC A - 1999 Local Performance Aid (LPA) Payable 1999 Overall Levy Limitation + Tax Levy for Bonded Debt for Budgeted Year Total Tax Levy Limit for Budget Year 1999 Total Levy (under) Levy Limit for 1999 1999 $1,818,690 45,000 35,450 5,000 100,000 45.000 30.000 10,000 250,000 $2,339,140 $2,150,942 38,717 24,086 2,214 2,215,959 (302,528) (9,289) 1,904,142 435,000 $2.339.142 m A-3 Increase (Decrease) $68,690 5,000 20,970 5,000 (5,650) 10,000 <'5,000) 0 15,000 $114,010 $$ Increase $188,200 Percent Change 3.93% 12.50% 144.82% -5.35% 28.57% -14.29% 0.00% 6.38% 5.12% % Increase 8.75% Market Estimat For 19S * 199 199 Market Value for 1998 Taxes $100,000 $200,000 ■■ .■ . : ■ . *• $300,000 1998 1999 0% incr y, ■vyi 5% incr 1998 1999 0% incr *.■ . *• 5% incr 1998 1999 0% incr 5% incr a i i ;;u ii U Estimated Market Value For 1998 Taxes $100,000 $100,000 $105,000 $200,000 $200,000 $210,000 $300,000 $300,000 $315,000 Tax Capacity (Net) *1,213 1,175 1,260 3,063 2,875 3,045 4,913 4,575 4,830 Tax Capacity Rate 14.716%15.784%15.784%14.716%15.784%15.784%14.716%15.784%15.784% Net Tax $178.43 $185.46 $198.88 $450.68 $453.79 $480.62 $722.92 $722.12 $762.37 $$ Increase (Decrease) from 1998 $7.03 $20.45 $3.11 $29.95 ($0.81)$39.44 % Increase (Decrease) from 1998 3.9%11.5% !0.7%6.6%-0.1%5.5% 1998 1999 1999 0% Incr.5% Incr. U U Estimated Market Value For 1999 Taxes $500,000 $500,000 $525,000 Tax Capacity (Net) *18,050 15,925 16,800 Tax Capacity Rate 14.716%15.784%15.784% Net Tax $2,656.24 $2,513.60 $2,651.71 $$ Increase (Decrease) from 1998 ($142.64)($4.53) % Increase (Decrease) from 1998 -5.4%-0.2% A RESOLUTION ADOPTING THE PROPOSED 1998 TAX LEVY COLLECTIBLE IN 1999 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums; as reduced by H a CA, be levied for the current year, collectible in 1999 upon the taxable property in the City of Orono, for the following purposes; General Fund -Operating PIR Fund - Infrastructure Replacement (Storm Sewer) PIR Fund - Infrastructure Replacement (Road) Park Fund - Land Acquisition and Development G.O. Sewer Improvement Bond 1992 G.O. Improvement Bond 1997 G.O. Refunding Bond 1995 - (Debt Fund) G.O. Refunding Bond 1995 - (Operating Funds) Public Facilities Revenue Bond 1991 - HRA TOTAL ALL LEVIES $1,818,690 45,000 35,450 5,000 45.000 10.000 30,000 100,000 250,000 $2.339.140 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 14, 1998. ATTEST;Gabriel Jabbour, Mayor Linda S. Vee, City Clerk PROLEVY RES A-6 A RESOLUTION TO ADOPT THE PROPOSED 1999 BUDGET estimated revenues Taxes - General Special Assessments Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Interest Income Miscellaneous Transfers From Other Funds Total Revenues and Other Financing Sources PROPOSED EXPEND1TURF.S General Government Public Safety Street Maintenance Parks and Recreation Recycling Program En^eering — Unallocated Reimbursable Expenditures Special Projects and Contingency Debt Service — Principal Interest and Fiscal Charges Capital Outlay Transfers To Other Funds Total Expenditures and Other Financing Uses Fund Special Debt CapitalGeneralRevenueServiceProjects $1,818,690 $5,000 $335,000 $80,450 — ——246,350 10,400240,000 — — 532,940 —— —600,0001,080,210 12,660 — 75,500 — — 72,000 162,690 76,090 25,90031,000 50,000 — —•95,000 130,000 — — $3,850,340 $325,350 $787,440 $716,750 $795,140 2,063,920 515,730 63,080 — _ 74,520 14,860 ■ __ 48,510 — .. 83,830 — — — ——$515,000 — ——356,480 95,750 $236,500 $670,45095,000 130,000 33,200 $3,850,340 $366,500 $904,680 $670,450 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 14,1998, ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Qerk TOMVM>SMniO A-7 SEP 1 A i'J'Jt c nrv V V I I . ■ REQUEST FOR COUNCIL ACTION DATE; September 1 1, 1998 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Agenda Section: City Administrator's Report Establishment of Dates for the Truth In Taxation Hearings Attachment: Calendar of Dates Available for Truth In Taxation H earings me City .s required to se eet dates for an initial Truth in Taxation (T in T) hearing and for a conttnuation heanng. On the basis of the available dates, it is staffs recommendation to set the inilial (T in T) public hearing for 7:00 P.M on MonZ Tm P *^''‘“'’"5, and to set the continn..inn hearing^m tonlinuation litgrinf is nol reqiiintl, the final tax levy and budget may be adopted at a ai^sequetll heanng which can be held at 7:00 P.M. on Monday, December 14 1998 prior to the regular council meeting on that date. (In this c^e tTe co»ci^v!ould levTrbii’dX't foe iS!h:: (The hearing to officially adopt the tax levy and budeet may be held immediately following the continuation hearing.) ^ ^ COUNCIL ACTION REQUESTED: DlclTb^^lpM auhe'J™''’ '’■M - Monday, required for’y rP M L T “"<< ><> “t the continuation hearing, ifvquired, for 7.00 P.M., Monday, December 14, 1998, at the Orono council chambers TONrMSW^TNT-MRNG DOC f • ; SUNDAY;■ ,MONDAYS ■';:'>TUESDAY'':;iv.r^;::,WEbNESDAYj:•;^■.;•.'-■^'jTHURSDAY ....■,.; FRIDAY, ,SATURDAY NOVEMBER 1998 !*% M 1 W 1 1 S I ? 1 4 & r. 7 • 9 10 11 1? 11 14 II 19 17 19 19 ?0 91 » a 94 » 99 27 29 » m A/oVeM0^^ XN(T7A ^ \Wotm TsD* 2.-1 S j:mTtA u 2 A£1^o ^ CKsmiCTS ^ in/i 3 Ce,4 5 n 8 -^2-77 :7^6P ^ 2-5' OiOHN u^TJo/0 9 /vtTTe'o sy^o: OiSTThcrs, Cbtcnn^*Tmr>f Cc/^Tl tOU W 11 12 r 15//rV/i''^C’.16 17 18 19 21 1 1 .♦ 1 1 9 % br 1998 DECEMBER 1998 Litho U.S.A. COUNCIL REQUEST FOR COUNCIL ACTION SEP 14 1998 DATE: September 10, 1998 CITYCrCRONO ITEM NO: Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed: Agenda Section: Licenses Item Description: List of Licenses for Council Approval HOME OCCUPATION LICENSE 1.Momi ig Staar Surgical (Administration of surgical sales) Thomas W. Clapp 475 Femdale Road North Orono, MN 55391 COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed license. APPLICATION FOR ANNUAL HOME OCCUPATION llCENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 NAME:lU. (IL,{\PP ADDRESS; H T (=-v Ty ^a J _____Q\Z.C M ^ street BUSINESS NAME: city/state M6CiV/liM4 ^TC^ML TYPE OF BUSINESS TO BE OPERATED: OH Number of Employees Within Operation: \ (Provide names of employees on back of application) Check One: Initial Review Fee $50.00 ____Annual Review Fee $30.00 t/ License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City'^ayyequire. ^ — Signature of Applicant:Date: FOR CITY USE ONLY; After review of application, staff recommends the following: Approval of application __________ Denial of application Signature of Zoning Official: Signature of Building Official: Date:__^WO_i3£ Date: Q- 2.- Application Date:Date License Approved:Date License Expired: LISTING OF EMPLOYEES: NAME: ADDRESS: H7 IS” IL'^^/V-VM CITY & ZIP: PLWA(.0\HH SS<7M7 DATE OF BIRTH: ^ 2 b NAME: ADDRESS: CTTY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME; ADDRESS: CTTY&ZIP: DATE OF BIRTH; NAME: ADDRESS: CITY & ZIP; DATE OF BIRTH: NAME: ADDRESS; QTY&ZIP: DATE OF BIRTH; NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH; NAME: ADDRESS; CITY&ZIP: DATE OF BIRTH: 9 Sep 1990 Wed 12:30 PM Check Nunber Check Number 57005 Date SEP 14 1998 ciTYcf^^cr^iO Check Register City of Orono 57065 CITY COUNTY CREDIT UNION 09-Sep-98 CITY COUNTY CREDIT UNION Totals Check Number 57065 CITY COUNTY CREDIT UNION Check Number 57066 57066 57066 57066 FIRST NATIONAL BANK OF LAKES Q9-Sep-98 09-Sep-98 09-Sep-98 Totals Check Number FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 57066 FIRST NATIONAL BANK OF LAKES Transaction Amount 7.369.00 7.369.00 3.390.67 3.390.67 8.313.43 15,094.77 Page 1 Comments SAVINGS W/H a TRANSFERRED FICA a MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING Check Number 57067 GREAT WEST LIFE ASSURANCE CO. 57067 09-Sep-98 Totals Check Number GREAT WEST LIFE ASSURANCE CO 57067 GREAT WEST LIFE ASSURANCE CO 950.68 950.68 DEFERRED COMP W/H Check Number 57060 HENNEPIN CO. SUPPORT a COLL 57060 09-Sep-98 Totals Check Number HENNEPIN CO. SUPPORT a COLL 57068 HENNEPIN CO. SUPPORT a COLL 0.00 0.00 THOMTON iC0266780 Check Number 57069 HENNEPIN COUNTY SUPPORT a COLL 57069 09-Sep-98 Totals Check Number HENNEPIN COUNTY SUPPORT a COLL 57069 HENNEPIN COUNTY SUPPORT a *OLL 179.51 179.51 SKREEN 80010755723 Check Number S7070 ICMA RETIREMENT TRUST - 457 57070 »p-98 Totals Check Number ICMA RETIREMENT TRUST - 457 C7070 ICMA RETIREMEOT TRUST - 457 225.00 225.00 DEFERRED COMP W/H Check Number 57071 LAW SNFORCMENT LABOR SERVICE 57071 09-Sep-98 Totals Check Number LAW ENFORCMENT LABOR SERVICE 57071 LAW ENFORCMENT LABOR SERVICE 0.00 0.00 UNION DUES WH Check Number 57072 MN DEPT OF REVENUE 57072 09-Sep-98 Totals Check Number MN DEPT OF REVENUE 57072 MN DEPT OF RE'/ENUE 3,561.44 3,561.44 STATE TAX W/H Check Number 57073 MN MUTUAL LIFE 57073 09-Sep-98 Totals Check Number MN MUTUAL LIFE 57073 MN MUTUAL LIFE 745.30 745.30 DEFERRED COMP W/H 9 Sep 1998 Wed 12:3$ PM Check Register City of Orono Check Number Date Name Check Number S7074 57074 MN STATE RETIREMENT-DEP COMP 09-Sep-98 MN STATE RETIREMENT-DEP COMP Totals Check Number 57074 MN STATE RETIREMENT-DEP COMP Check Number 57075 PEBSCO/OBRA 57075 09-Sep-98 PEBSCO/OBRA Totals Check Number 57075 PEBSCO/OBRA Check Number 5707$ PEBSCO/US COVF OF MAYORS 57076 09-Sep-98 PEBSCO/US CONP OF MAYORS Totals Check Number 5707$ PEBSCO/US CONF OF MAYORS Check Number 57077 PERA 57077 57077 09-Sep-98 09-Sep-98 PERA PERA Totals Check Number 57077 PERA Check Number 57078 UNITED WAY 57078 09-Sep-98 UNITED WAY Totals Check Number 57078 UNITED WAY Grand Total Transaction Amount 227.00 227.00 291.67 291.67 2.254 35 2.254.35 4.591.30 6.071.18 10.662.48 30.00 30.00 41.591.20 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA D4PLOYEB W/H PERA CITY SHARE CHARITY DONATIONS W/H BhAk J 9 Sep 1998 Wed 11:56 AM Check Number Employee Name Check Number 044898 044898 BOBZIEN, SUE A Totals Check Number 044898 Check Number 044899 044899 BORIS, SCOTT W. Totals Check Number 044899 Check Register City of Orono Page 2 Check Number 044900 044900 CARLSON, MICHAEL B. Totals Check Number 044900 Check Number 044901 044901 CHESWICK, GARY B. Totals Check Number 044901 Check Number 044902 044902 CORNICE, JAMES L. Totals Check Number 044902 Check Number 044903 044903 DEMBOUSKI, JAY C. Totals Check Number 044903 Check Number 044904 044904 ERICKSON, KURT R Totals Check Number 044904 Check Number 044905 044905 FARNIOK, CORREY L. Totals Check Number 044905 Check Number 044906 044906 FISCHENICH, DAN T. Totals Check Number 044906 Check Date 09-Sep-98 09-Sep-98 09-Sep-98 09-Sep-98 09-Sep-98 09-Sep-98 09-Sep-98 09-Sep-98 09-Sep-98 Check Amount 760.85 760.85 1,366.95 1,366.95 649.26 649.26 1,577.1'^ 1,577.12 1,210.72 1,695.10 1,695.10 1,250.82 1,250.82 1,238.01 1,238.01 1,201.75 1,201.75 Check Number 044907 Check Number Employee Name Check Number 041907 044907 FISCHER, CHRISTOPHER K. Totals Check Number 044907 Check Number 044908 044908 HANSING, CAROL J. Totals Check Number 044908 Check Number 044909 044909 JOHNSON, BRADLEY P. Totals Check Number 044909 Check Number 044910 044910 KNOLLENBERG, KRISTIN L. Totals Check Number 044910 Check Number 044911 044911 MCNALLY, STEVEN A. Totals Check Number 044911 Check Number 044912 044912 MCNICHOLS, DAVID L. Totals Check Number 044912 Check Number 044913 014913 MOROWCZYNSKI, JAMES Totals Check Number 044913 Check Number 044914 044914 SCHOENHOFF, JOHN Totals Check Number 044914 Check Number 044915 044915 TOMCHECK, LAWRENCE 7. Totals Check Number 044915 Check Number 044916 09-Sep-98 09-Sep-98 09-Sep-99 27 Aug 1998 Thu 8:31 AM Check Number Employee Name Check Number 044830 044830 JOHNSON, MARY ANN Tocals Check Number 044930 Check Number 044831 044831 GEMAR, JAMIE L. Totals Check Humber 044331 Check Number 044832 044832 HASEMAN, CAROLE A. Totals Check Number 044932 Check Number 044833 044833 MOORSE, RONALD J. Totals Check Numbex 044833 Check Number 044934 044834 VEE, LINDA S. Totals Check Number 044834 Check Number 044835 044835 KUEHN, THOMAS K. Totals Check Number 044835 Check Number 044836 044836 OLSON, RONALD J. Totals Check Number 044836 Check Number 044837 044837 PETTIT, SANDRA K. Totals Check Number 044637 Check Number 044839 044838 ANDERSON, BR*J?E L Totals Check Number 044^39 Check Register City of Orono Page 1 C:;eck Date 26-Aug-98 2 6 - Aug - 9 8 26-Aug-98 26-Aug-99 26-Aug-98 26-Aug-98 26-Aug-99 26-Aug-98 2-j - Au'i - 98 Check Amount 472.91 472.91 470.03 470.03 643.89 643.89 1,470.03 1,470.03 1,005.40 1,005.40 950.79 950.79 14.96 14.96 413.52 413.52 240.56 240.56 27 Aug 1998 Thu 6:31 AM Check Number Employee Name Check Number 044339 044839 BOBZIEN* SUE A Totals Check Nu^oer 044^39 Check Register City of Orono Page 2 Check Number 044840 044840 BORIS, SCOTT W. Totals Check Nur.ber 044S40 Check Number 044841 044841 CARLSON, MICHAEL B. Totals Check Number 044341 Check Number 044842 044842 CHESWICK, GARY B. Totals Check Number C44942 Check Number 044843 044843 CORNICK, JAMES L. Totals Check Number 044943 Check Number 044841 044844 DEMBOUSKI, JAY C. Totals Chccic Nunber 044 944 Check Number 044845 044845 ERICKSON, KURT R Totals Check Nurber 044945 Check Number 044840 044846 FARNIOK, CCF.REV L. Totals Check Nu-^ber 044940 Check Number 044947 044847 FISCHENICH, DAN T. Totals Check Number 044847 Check Number C44S4b Check Date 26-Aug-93 2o-Aug-98 26-Aug-98 26-Aug-98 26-Aug-98 2t-Aug-98 26-Aug-93 2 . -Aug-99 26-Aug-98 Check Amount 636.38 b36.38 961.69 961.69 299.21 299.21 1,577.12 1,577.12 1,555.62 1,555.62 1,466.57 1,466.57 1,250.62 1,250.82 1,310.39 1,310.39 1,361.62 1,361.62 27 Aug 1990 Thu 8:31 AM Check Regist*fr City of Orcnc Check Number Employee Hare Check Number 044849 044848 FISCHER. CHRISTOPHER K Totals Check Nurter 044349 Check Number 044849 044849 HANSIKG. CAROL J. Totals Check Nu'^ber .^4^4 9 Check Number 04485C 044850 JOHNSON. BRADLEY P. Totals Check Nurrber 044050 Check Number 044851 044051 KNOLLENBERG. KRISTIN L Totals Check Nurber 044951 Check Number 04405 044852 MCNALLY. STEVEN* A. Totals Check Number 044852 Check Number 044053 044853 MCNICHOLS. DAVID L. Totals Check Nurber 044953 Check Number 044054 044054 MOROWCZYNSKI. JAT-tSS Totals Check Number 044054 Check Number 044855 044055 PERSELL. WILLIAM R. Totals Check Nu-ber 044355 Check Number 04495* 044856 SCHQENHCFF. JZ-Ci 3. Totals Check Number 044356 Check Number 044957 C'leck Dite 26-Aug-98 26-AUJ-90 26-Aug-98 2C-Aua-98 2b-Aug-98 26-Aug-98 2:-Auj-98 26-Aug-98 Au I-48 Page 3 Check Amount 1.050.35 1.050.35 332.61 332.61 1.097.57 1.097.57 710.55 710.55 1.042.17 1.042.17 803.84 803.84 1.508.29 1.508.29 400.86 400.86 1.277.25 1.277.25 27 Aug 1998 Thu 8x31 AM Check Register City of Orono Check Number Employee Nante Check Number 044 8 5*^ 044857 TOMCHECX, LAWRENCE F. Totals Check Nu-.oi-i C44 5 57 Check Number 044858 044858 TOMC2YK, MARK V/. Totals Check Number 044958 Check Number 044859 044859 FOLEY, PATRICK B. Totals Check Number C44859 Check Number 04480C 044860 JOHNSON, JEFFREY D. Totals Check Number 044960 Check Number 044961 044861 WITTKE, ANTHONY A. Totals Check Number 044B61 Check Number 04486: 044862 GAFFRON, MICHAEL P. Totals Check Number C44862 Check Number 044863 044863 GAPPA, GREGORY A. Totals Check Nuraber 044 96 3 Check Number 044864 044864 OMAN, LYLE £. Totals Check Number C44964 Check Number 044865 044865 VAN ZCMEREN. ELIZABETH Totals Check Number 044965 Check Number 04466o Check Dace 26-Aug-98 26-AU3-98 26-Aug-98 26-Aug-99 26-Aug-98 26-Aug-98 26-Aiig-98 2 -Auj-98 26-Aug-98 Page 4 Check Amount 494.54 494.54 1,235.37 1,235.37 15.08 15.08 625.99 625.99 217.09 217.09 1,117.41 1,117.41 1,424.26 1,424.26 122.15 122.15 1,112.53 1,112.53 27 Aug 1998 Thu 8:31 AM Check Register City of Orono :heck Number Employee Nare Check Number 044566 044866 VANG, BRUCE L. Totals Check Nuriber 044«66 Check Number 044967 04486*; ^VE^HEM J Totals Check ::..mber 044567 Check Number 044665 C44868 WEINBERGER. PAUL E. Totals Check Nurber 044068 Check Number 044969 044869 BRINKHAUS, JOHN F. Totals Check NurJOer 044 9 69 Check Number 04497C 044870 DEBAERE, DONALD L. Totals Check Number 044870 Check Number 044071 044871 GREGORY, JW-^ES D. Totals Check Nurber 044«7i Check Number 044072 044872 HANSEN, STEVEN C Totals Check Number 044372 Check Number 044073 044873 OBERAIGNER. SCOTT G. Totals Check Number 044973 Check Number 044074 044074 OBRIEN. RAN*: V . Totals Check Number .44074 Check Number 044s75 Check Date 26 -Auc|- 99 26-Aug-98 26-Aug-98 26-Aug-98 26-Auq-98 26-Aug-98 2 j-Aug - 98 26-Aug-98 A . I 99 Page 5 Check Amount 976.33 976.33 29.68 29.68 785.57 785.57 1,055.63 1,055.63 907.07 907.07 567.54 567.54 708.06 708.06 761.74 761.74 373.46 373.46 1 11 Sep 1998 Fri 12:42 PM Check Number Check Number 57080 Check Register City of Orono Page 1 Date Name 57380 AIRTOUCH CELLULAR/BELLEVUB 04-Mar-98 AIRTOUCH CELLULAR/BELLEVUE Totals Check Number 57080 AIRTOUCH CELLULAR/BELLEVUE Check Number 57081 ALL STAR PRO GOLF 57081 ll-Sep-98 ALL STAR PRO GOLF Totals Check Number 57081 ALL STAR PRO GOLF Check Number 57082 AMERICAN MEDICAL SECURITY 57082 25-Aug-97 AMERICAN MEDICAL SECURITY Totals Check Number 57082 AMERICAN MEDICAL SECURITY Check Number 57083 ANDERSON, BRUCE 57083 ll-Sep-98 ANDERSON, BRUCE Totals Check Number 57083 ANDERSON. BRUCE Check Number 57084 APACHE PAPER CO Check Number 57085 ASPLUNDH COFFEE 57085 ll-Sep-98 ASPLUNDH COFFEE Totals Check Number 57085 ASPLUNDH COFFEE Check Number 57086 AT i T - 57086 22-May-98 AT a T - Totals Check Number 57086 AT a T - Check Number 57087 AT a T WIRELESS SERVICES Transaction Amount 408.60 408.60 677.70 677.70 14.73 6.00 6.00 102.71 102.71 Comments CELL PHONES SPIKES. GLOVES SEPT INSURANCE MEALS 5*»084 ll-Sep-98 APACHE PAPER CO 57.58 C-FOLD TOWELS 570C4 ll-Sep-98 APACHE PAPER CO 57.58 C-FOLD TOWELS 57084 ll-Sep-98 APACHE PAPER CO 57.58 C-FOLD TOWELS 57084 ll-Sep-98 APACHE PAPER CO 287.98 C-FOLD TOWELS Totals Check Number 57084 APACHE PAPER CO 460.72 CREAM LD SERVICE 57087 19-F«b-98 AT a T WIRELESS SERVICES 17.18 CELLULAR CHAGS 57087 19-Feb-98 AT a T WIRELESS SERVICES 17.18 CELLULAR CHAGS 57087 19-Feb-98 AT a T WIRELESS SERVICES 187.10 CELLUI AR CHAGS 57067 03-Apr-98 AT a T WIRELESS SERVICES 34.76 WECKMAN Totals Check Number 57087 AT a T WIRELESS SERVICES 256.22 11 Sep 1998 Fri 12:42 PM Check Number Check Number 57088 57088 57088 AUGIES MOBILE CHEF ll-Sep-98 AUGIES MOBILE CHEF ll-Sep-98 AUGIES MOBILE CHEF Totals Check Number 57088 AUGIES MOBILE CHEF Check Number 57089 BATTERIES PLUS 57083 ll-Sep-98 BATTERIES PLUS Totals Check Number 57089 BATTERIES PLUS Check Number 57090 BCA/TRAINING & DEVELOPMENT 57090 ll-Sep-98 BCA/TRAINING k DEVELOPMENT Totals Check Number 57090 BCA/TRAINING k DEVELOPMENT Check Number 57091 BENEFITS DESIGN GROUP 57091 ll-Sep-98 BENEFITS DESIGN GROUP Totals Check Number 57091 BENEFITS DESIGN GROUP Check Number 57092 BERETTA USA 57092 ll-Sep-98 BERETTA USA Totals Check Number 57092 BERETTA USA Check Number 57093 BERGERSON-CASWELL INC. 57093 ll-Sep-98 BERGERSON-< ’ i JELL INC. Totals Check Number 57093 BERGERSON-CASWELL INC. Check Number 57094 BIFFS INC. 57094 57094 57094 57094 ll-Sep-98 ll-Sep-98 ll-Sep-98 ll-Sep-98 Totals Check Number 570! Check Number 57095 BLACKOWIAK k SON 57095 57095 57095 57095 ll-Sep-98 ll-Sep-98 ll-Sep-98 ll-Sep-98 Totals Check Number BLACKOWIAK & SON BLACKOWIAK k SON BLACKOWIAK k SON BLACKOWIAK k SON 57095 BIACKOWIAK k SON 2,049.00 2,049.00 BIFFS INC.66.76 PORTABLE -GOLF COURSE BIFFS INC.133.52 PORTABLE -HACKBERRY BIFFS INC.133.52 PORTABLE -SUMMIT BIFFS INC.133.52 PORTABLE -BIDERWOOD BIFFS INC.467.32 REFUSE SRVC - BIDERWOOD REFUSE SRVC - GC REFUSE SRVC - ADMIN TRASH SERVICE 7/98 463.31 11 Sep 1998 Fri 12:42 PM Check Number Check Register City of Orono Page 4 Date Name Check Number 57102 E-Z RECYCLING Totals Check Number 57102 E-Z RECYCLING Check Number 57103 EARL F. ANDERSON & ASSOC. 57103 ll-Sep-98 EARL F. ANDERSON & ASSOC. Totals Check Number 57103 EARL F. ANDERSON fc ASSOC, Check Number 57104 EAST SIDE BEVERAGE 57104 5 7104 ll-Sep-98 ll-Sep-98 EAST SIDE BEVERAGE EAST SIDE BEVERAGE Totals Check Number 57104 EAST SIDE BEVERAGE Check Number 57105 ESI CWMUNICATIONS 57105 ll-Sep-98 ESI COMMUNICATIONS lotals Check Number 57105 ESI COMMUNICATIONS Check Number 57106 FISCHER, CHRIS 57106 ll-Sep-98 FISCHER, CHRIS Totals Check Number 57106 FISCHER, CHRIS Check Number 57107 FRONTIER COMMUNICATIONS 57107 O3-Aug-90 FRONTIER COMMUNICATIONS Totals Check Number 57107 FRONTIER COMMUNICATIONS Check Number 57108 G &K SERVICES 57109 ll-Sep-98 G 6 K SERVICES 57108 ll-Sep-98 G 6 K SERVICES 57108 ll-Sep-98 G & K SERVICES 57108 ll-Sep-98 G 6 K SERVICES 57100 ll-Sep-90 G t K SERVICES 57108 ll-Sep-98 G a K SERVICES 57100 ll-Sep-90 G fit K SERVICES 57108 ll-Scp-90 G fit K SERVICES 57108 ll-Scp-90 G a K SERVICES 57108 ll-Sep-90 G k K SERVICES 57108 ll-Sep-90 G fit K SERVICES 57109 ll-Sep-98 G fit K SERVICES Totals Check Number 57108 G fit K SERVICES Check Number 57109 57109 GALL'S INC. ll-Sep-98 GALL'S INC Transaction Amount 5,583.48 906.98 906.90 70.20 102.80 173.00 131.00 131.00 12.74 12.74 31.62 31.62 5.93 12.15 5.93 86.44 42.01 42.01 153.16 12.15 55 11 5.93 129.63 12.15 562.60 Comments SIGNS BEER FOR RESALE BEER FOR RESALE TELEPHONE REWIRING MEALS MNTHLY VOICE MAIL UNIFORM - STEFFENHAGEN UNIFORM - RATHBUN UNIFORM - STEFFENHAGEN MATS MATS mis UNIFORMS UNIFORM - RATHBUN MATS UNIFORM - STEFFENHAGEN! SHOP TOWELS UNIFORM - RATHBUN 24.60 REFLECTOR ASSEMBLEY L 11 Sep 1998 Fri 12:42 PM Check Register City of Orono Check Number Date Name Check Number 57117 57117 MEDICA CHOICE 11-Sep-99 MEDICA CHOICE Totals Check Number 57117 MEDICA CHOICE Check Number 57118 MET COUNCIL ENVIRONMENTAL SER 57118 ll-Sep-98 MET COUNCIL ENVIRONMENTAL SER Totals Check Number 57118 MET COUNCIL ENVIRONMENTAL SER Check Number 57119 MGCSA 57119 ll-Sep-98 MGCSA Totals Check Number &7119 MGCSA Check Number 57120 MIOIO AGE 57120 ll-Sep-98 MICRO AGE Totals Check Number 57120 MICRO AGE Check Number 57121 MID-CONTINENT BOTTLERS 57121 ll-Sep-98 MID-CONTINENT BOTTLERS Totals Check Number 57121 MID-CONTINENT BOTTLERS Check Number 57122 MIDWEST ASPHALT 57122 57122 ll-Sep-98 ll-Sep-98 MIDWEST ASiilALT MIDWEST ASPHALT Totals Check Number 57122 MIDWEST ASPHALT Check Number 57123 MIDWEST COCA COLA BOTTLING CO 57123 ll-Sep-98 MIDWEST COCA COLA BOTTLING CC Totals Check Number 57123 MIDWEST COCA COLA BOTTLING CO Check Number 57124 MINNEAPOLIS OXYGEN CCMPANY 57124 ll-Sep-98 MINNEAPOLIS OXYGEN CCMPANY Totals Check Number 57124 MINNEAPOLIS OXYGEN COMPANY Check Number 57125 MirWEGASCO 57125 57125 09-Jun-98 09-Jun-98 r’lNTiEGASCO MINNEGASCO Transaction Amount 10.789.25 10.991.50 3.960.00 3.960.00 100.00 100.00 43.75 43.75 7/.00 77.00 209.02 963.69 1.172.71 264.25 264.25 95.54 9C .54 10.92 135.20 Page 6 Comments SEPTEMBER HEALTH INS JULY SAC RESEARCH FUND POLICE SERVER SPRING WATER HOT MIX HOT MIX SOFT DRINKS OXYGQJ GAS SERVICE GAS SERVICE vital ■naiamiaiiBiaa 11 Sep 1998 Fri 12:42 PM Check Number Check Number 57125 Check Register City of Orono Date Name 57125 MINNEGASCO 09-Jun-98 MINNEGASCO Totals Check Number 57125 MINNEGASCO ChecK Number 57126 57126 MN BENEFIT ASSOCIATION 03-Aug-98 Totals Check Number MN BENEFIT ASSOCIATION 57126 MN BENEFIT ASSOCIATION Check Number 57127 57127 MN DEPT OF HEALTH ll-Sep-98 Totals Check Number MN DEPT OF HEALTH 57127 MN DEPT OF HEALTH Check Nuniber 57128 57128 MN DEPT OF REVENUE ll-Sep-98 Totals Check Number MN DEPT OP REVENUE 57128 MN DEPT OP REVENUE Check Number 57129 57129 POLLUTION CONTROL AGENCY »2 ll-Sep-98 Totals Check Number MN POLLUTION CONTROL AGENCY #2 57129 MN POLLUTION CONTROL AGENCY #2 Check Number 57130 57130 MR AUGIES COFFEE SERVICE ll-Sep-98 Totals Check Number MR AUGIES COFFEE SERVICE 57130 MR AUGIES COFFEE SERVICE Check Number 57131 57i;i NATIONAL FIRE PROTECTION ASSOC ll-Scp-98 Totals Check Number NATIONAL FIRE PROTECTION ASSOC 57131 NATIONAL FIRE PROTECTION ASSOC Check Number 57132 57132 NCPERS GROUP LIFE INS ll-Sep-98 Totals Check Number NCPERS GROUP LIFE INS 57132 NCPERS GROUP LIFE INS Check Number 57133 57133 57133 NORTH STAR TURF ll-Sep-98 ll-Sep-98 Totals Check Number NORTH STAR TURF NORTH STAR TURF 57133 NORTH STAR TURF Transaction Amount 124.41 270.53 74.32 74.32 1,070.00 1,070.00 305.91 305.91 240.00 240.00 49.50 49.50 115.00 115.00 132.CO 132.00 254.22 402.18 656.40 P-ge 7 Comments GAS SERVICE INSURANCE-BORIS 3RD OTR WTR TEST add W/H TAX SAN SVfR PERMIT COFFEE MEMBERSHIP - OMAN SEPTEMBER LIFE INS REPAIRS JACOBSEN MOWER REPAIRS & SHRPENING r U Sep 1998 Fri 12:42 PM Check Number Check Number 57134 Check Register City of Orono Page 6 Date Name 57134 NORTHUero ELECTRIC SUPPLY CO ll-Sep-98 NORTHLAND ELECTRIC SUPPLY CO Totals Check Nuinber 57134 NORTHLAND ELECTRIC SUPPLY CO 57139 ll-Sep-98 OMAN, LYLE 57139 ll-Sep-98 OMAN. LYLE 57139 ll-Sep-98 OMAN, LYLE 57139 ll-Sep-98 OMAN, LYLE 57139 IO-Auq-98 OMAN. LYLE 57139 lO-Aug-98 OMAN. LYLE Totals Check Number 57133 OMAN. LYLE Check Number 57140 PERRY'S SANDBLASTING 57140 ll-Sep-98 PERRY'S SANDBLASTING Totals Check Number 57140 PERRY'S S/-NDBLAS;iNG Check Number 57i4i pioneer rim a wheel co Transaction Amount 137.21 137.21 Com.Tients COILS FOR LIFT STATION Check Number S7135 HSP 57135 09-Jun-98 NSP 214.74 ELECTICAL SERVICE 57135 27-Apr-98 NSP 1.526.14 ELEC SERVICE 57135 27-Apr-98 NSP 2.710.35 ELEC SERVICE 57135 27-Apr-98 NSP 2,445.17 ELEC SERVICE 57135 lO-Jul-98 NSP 136.81 HIGHWAY 12 U WILLOW Totals Check Number 57.135 NSP 7,033.21 Check Number 57136 O'SXn-LIVANS AUTO REPAIR 57136 ll-Sep-98 O'SULLIVANS AUTO REPAIR 299.00 50 CAR HASH TICKETS Totals 0\eck Number 57136 O'SULLIVANS AUTO REPAIR 299.00 Check Number 57137 OFFICE DEPOT 57137 ll-Sep-98 OFFICE DEPOT 546.73 OFFICE SUPPLIES 57137 ll-Sep-98 OFFICE DEPOT 658.97 OFFICE SUPPLIES 57137 ll-Sep-98 OFFICE DEPOT 171.82 OFFICE SUPPLIES 57137 ll-Sep-98 OFFICE DEPOT -236.52 OFFICE SUPPLIES-RETURNED Totals Check Number 57137 OFFICE DEPOT 1,141.00 Check Number 57138 OLD DUTCH FOODS INC. 57138 ll-Sep-98 OLD DUTCH FOODS It!13.09 CHIPS Totals Check Number 57138 OLD DUTCH FOODS INC.13.09 Check Number 57139 OMAS, LYLE 24.32 24.96 28.16 22.08 29.44 -58.88 70.08 MILEAGE REIMBURSE>^NT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT REIMBURSE TRAVEL EXP REIMBURSE 'TRAVEL EXP 828.00 828.00 TRUCK S424 11 Sep 1998 Fri 12:42 PM Check Register City of Orono Check Number Date Name Check Number 57141 57141 57141 PIONEER RIM k WHEEL CO 11-Sep-98 PIONEER RIM k WHEEL CO 11-Sep-98 PIONEER RIM k WHEEL CO Totals Check Number 57141 PIONEER RIM k WHEEL CO Check Number 57142 PIRTEK 57142 ll-Sep-98 PIRTEK Totals Check Number 57142 PIRTEK Check Number 57143 PRAIRIE OFFSET 57143 ll-Sep-98 PRAIRIE OFFSET Totals Check Number 57143 PRAIRIE OFFSET Check Number 57144 PRECISION BUSINESS SYSTS4S 57144 ll-Sep-98 PRECISION BUSINESS SYSTEMS Totals Check Number 57144 PRECISION BUSINESS SYSTEMS Check Number 57145 PRIORITY GIFTS, INC 57145 ll-Sep-98 PRIORITY GIFTS, INC Totals Check Number 57145 PRIORITY GIFTS, INC Check Number 57146 PROLAWNS 57146 ll-Scp-98 PROLAWNS Totals Check Number 57146 PROLAWNS Check Number 57147 PUMP k METEF SERVICES INC. 57147 ll-Sep-98 PUMP k METER SERVICES INC, Totals Check Number 57147 PUMP k METER SERVICES INC. rheck Number 57148 R.C. ELECTRIC, INC 57148 U-Sep 98 R.C. ht iCTRIC, INC Totals Check NUijber 57148 R.C. ELECTRIC, INC Check Number 57149 REED VENDING 57149 ll-Sep-98 REED VENDING Totals Check Number 57149 REED VENDING Transaction Amount -205.25 228.38 23.13 158.38 158.38 241.98 241. 2,381.87 2,381.87 46.20 46.2U 1,278.00 1,278.00 14.29 14.29 2,011.95 2,011.95 82.80 82.80 Page 9 Comments return - STANDS STANDS MISC PARTS ENVELOPES FOUNTAIN-GC IRRIGATION ADULT BUG BAN FERTILIZATION k WEED CTR PUMP FILTERS WIRING GC IRRIGATION ROLLS, CAN. / 11 Sep 1998 Pri 12:42 PM Check Register City of Orono Qieck Number Date Name Check Number S7150 S7150 RIDGQ>ALE ELECTRIC. ZNC ll-Sep-96 RIDGEOALE ELECTRIC. INC Totals Check Number 57150 RIDGEDALE ELECTRIC. INC Check Number 57151 RITZ CAMERA 57151 57151 57151 ll-Sep-98 ll-Sep-98 ll-Sep-98 RITZ CAMERA RITZ CAMERA RITZ CAMERA Totals Check Number 57isi ritz CAMERA Qieck Ni^er 57152 scharber a sons 57152 57152 ll-Sep-98 ll-Sep-98 SCHARBER 4 SONS SCHARBER k SONS Totals Check Number 57152 SCHARBER k SONS Check Number 57153 SCHOBNING /%vATING Qieck Number 57155 STBPFENHAGEN. RON 57155 ll-Sep-98 STEFFENHAOEN. RON Totals Check Number 57155 STEFFQIHAGEN. RON Check Number 57158 SULLIVAN'S UTILITY SERV. INC. 57156 ll-Sep-98 SULLIVAN'S UTILITY Totals Check Number 57156 SULLIVAN'S UTILITY k Number 57157 SUTHERLANDS 57157 57157 ll-Sep-98 ll-Sep-98 SUTHERLANDS SUTHERLANDS Totals Check Number 57157 SUTHERLANDS Check NuaS>er 57158 TALLEN AND BAERTSCHl 57158 ll-Sep-98 TALLEN AND BAERTSCHl L. Transaction Amount 1.620.00 1.620.00 8.51 42.39 16.68 67.58 6.06 82.98 89.04 343.00 2.305.50 3.248.50 93.57 Page 10 Comments LIGHT POLE -OCB TRAIL FILM FILM 1 HR PROCESSING OIL FILTER SPINDLE. FILTER ELEMENT 57153 ll-Sep-98 SCHOENING EXCAVATING 10.627.50 STORM-LOADER. CAT Totals Check Number 57153 SCHOENING EXCAVATING 10.627.50 Check Number 57154 ST.JOSEPH'S EQUIPMENT INC. 57154 ll-Sep-98 ST. JOSEPH'S EQUIPMENT INC.34.79 BELT 57154 ll-Sep-98 ST. JOSEPH'S EQUIPMENT INC.83.85 THERM KIT. ELEMENTS Totals Qieck Number 57154 ST. JOSEPH'S EQUIPMENT INC.118.64 40.36 REIM - OFFICE ^PLIES 40.36 SERV.INC.870.03 PUMP BROmi SEWER MAIN SERV.INC.870.00 CRAB TREE PRUNING k LANDSCAPING AUGUST PROSECUTION r:.rJ II Sep 1998 Fri 12:42 PM Check Register City of Orono Check Number Date Name Check Number 57158 TALLEN AND BAERTSCHI Totals Check Number 57158 TALLEN AND BAERTSCHI Check Number 57159 THORPE DIST CO. 57159 ll-Sep-98 THORPE DIST CO. Totals Check thimber 57159 THORPE DIST CO. Check Number 57160 TOMCHECK, LARRY 57160 ll-Sep-98 TOMCHECK. LARRY Totals Check Number 57160 TOMCHECK, LARRY Check Number 57161 TRACY TRIPP FUELS 57161 ll-Sep-98 TRACY TRIPP FUELS Totals Check Number 57161 TRACY TRIPP FUELS Check Number 57162 ULTRAMAX 57162 ll-Sep-98 ULTRAMAX Totals Check Number 57162 ULTRAMAX Check Number S7163 UNIFORMS UNLIMITED 57163 ll-Sep-98 UNIFORMS UNLIMITED Totals Check Number 57163 UNIFORMS UNLIMITED Check Number 57164 UNITED STATES POSTAL SERVICE 57164 13-JU1-98 UNITED STATES POSTAL SERVICE Totals Check Number 57164 UNITED STATES POSTAL SERVICE Check Number 57165 UNIVERSITY OF MINNESOTA 57165 09-Jan-97 UNIVERSITY OF MINNESOTA Totals Check Number 57165 UNIVERSITY OF MINNESOTA Check Number 57166 US WEST COMMUNICATIONS 57166 57166 57166 57166 ll-Sep-98 ll-Sep-98 19-Feb-98 04-Feb-98 US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS Transaction Amount 93.57 234.00 234.00 16.14 16.14 2,978.70 2,978.70 385.00 385.00 62.95 62.95 1,800.00 1,800.00 50.00 50.00 45.94 88.75 57.41 252.28 Page 11 Comments BEER FOR RESALE REIMBURSEMENT 3499 GALS UNLEADED AMMO UNIFORM - J JOHNSON POSTAGE GAPPA-CITY ENGINEERS COM LINE WT TO PW MODEM LINK-LOGIS CIVIL DEFENSE PHONE SERVICE ...... 11 Sep 1998 Fri 12:42 PM Check Register City of Orono Check Number Date Name Check Number 57166 57l64i S7166 S7166 57166 57166 57166 57166 57166 US NEST COmUNICATIONS 04-Peb-98 04-Feb-98 04-Feb-98 04-Feb-98 04-Feb-98 04-Feb-98 04-Feb-98 22-Jan-98 US NEST US NEST US NEST US NEST US NEST US NEST US NEST US NEST COmUNICATIONS COmUNICATIONS COMMUNICATIONS COMMUNICATIONS COmUNICATIONS COmUNICATIONS CO^WaNICATIONS COH1UNICATIONS Totals Check Number 57166 US NEST COfWNICATIONS Check NU^r 57167 N.N. GRAINGER INC. 57167 ll-Sep-98 N.N. GRAINGER INC. Totals Check Number 57167 N.N. GRAINGER INC, Check Number 57168 NALDOR PUMP 57168 ll-Sep-98 NALDOR PUMP Totals Check Number 57168 NALDOR PUMP Check Number 57169 NILLIAMS LANN SERVICE 57169 ll-Sep-98 NILLIAMS LAWN SERVICE Totals Check Number 57169 WILLIAMS LAWN SERVICE Check Number 57170 WRIGHT HENNEPIN ELECTRIC 57170 57170 ll-Sep-98 ll-Sep-98 WRIGHT HENNEPIN ELECTRIC WRIGHT HENNEPIN ELECTRIC Totals Check Nuniber 57170 WRIGHT HQINBPIN ELECTRIC Check Number 57171 YOUNG. JACKIE 57171 ll-Sep-98 YOUNG. JACKIE Totals Check Number 57171 YOUNG. JACKIE Grand Total Transaction Amount 260.48 33.64 14.42 432.54 116.46 43.60 56.87 40.59 1.442.98 35.12 35.12 10.615.70 10.615.70 1.300.00 1.300.00 19.07 9.00 28.07 550.00 550.00 106.579.04 Page 12 Comments PHONE SERVICE PHONE SERVICE PHONE SERVICE PHONE SERVICE PHONE SERVICE PHONE SERVICE PHONE SERVICE DECEMBER BACKFLOW PREVENTER ANNUAL LIFT STATION INSP JULY LANN SERVICE ELECTICAL SERVICE ELECTICAL SERVICE PRK COhM 8/3/98 I . II S#p 1998 Fri 12:42 PM Check Register City of Orono Page 13 Finance User Initials RJO Friday 11 September 1998 12:40 PM Start 12:42 PM Finish Buffer Name History Records Read Records Selected MUsiber of Pages 1466 172 13 Selected by Check/receipt Date Equal To 14-Sep-98 Sorted by Check Number Totals No Page Breaks INFORMATION ITEMS COUNCIL MEETING COUNCIL LliiTllvC SEP 14 1998 CITYCFCRONO OF . '..I ^11* Will "»!«»****• .............. L September, 1998 Wayzoia/PfymoidA Area Uaqua Voiofs You are cordially invited to attend an Informational Event Sponsored by the Council of Metropolitan Area Leagues “Health Care Planmng for the Metro Area” For all of you who are interested in health care planning and policy development! Thursday, September 17,5:00 PM. Brunswick United Methodist Church 6122 42nd Ave N, Crystal, MN Panel Members Include Dr. Ed Ehlinger, Moderator, Dir. & Chief Health Officer, U of M Boynton Health Service Bob Fulton, Director, St. Paul-Ramsey County Public Health Dept Dianne Loeffler, Planner, Henn County Community Health Dept and Third Panelist (TBA) from the state legislature or Health Dept Reservations to: Dorothy Neuburger at 537-5478 Dinner - $10.00 Vote: Dr. Ehlinger, host of the weekly cable television program, “A Public Health Journal," will ask the panel to discuss questions such as; who is reaponsible for health care planning in the region? Who makes the policy? Who tries to influence that policy? Where does the money come from? What events are happening at the state and federal level that impact us at the re gional level? Come join us for this educational event and you will leam the answers not only to the questions you want to ask but you will have the opportunity to leam more about the Council of Metropolitan Area Leagues (CMAL). The evening promises to be an interesting one meant to help us examine our current Health Care Plaiuiing Position. Paof* 1 A t the June 8th Wayzata School Board Meeting, Judy Johnson and 1 pre- __---«____ u:o.u c/«k»ni Crk/<i9i QtiiHiM Teacher Dick Harmon with t the June 8th Wayzata scnooi uoara Mccunij, juuy juiu»v/i.«..«. A ja. sented Wayzata High School Social Studies Teacher Dick Hannon with a special recognition upon his retirement. We presented him with a check for $100 from our League to be used to purchase materials for classroom instruction at WHS. I received a phone call from Folunda Woods who is with the FamUy to Family Ties looking for men- tors to assist AFDC clients with time management and support. It would r^uire a tune comnutinCTt of one year and could be done over the phone. Please call iier at 341-3770 if you can help with this causeCoU Sv ^PM and Sunday afternoons October 5th through the 31st. Volunteers may earn $25 or more. In May 1998, Plymouth had 36,000 registered voters. In 1996, Plymouth had 42,000. AJthough our population has increased the voter registration has decreased. The city hw asked us to help voters at city functions. Thank you, Paula & Grace for being so much help to me on the m^t of the fireworks. We registered only about eight people but our presence was a good remmder for al in a - tendance.. The city has received over 300 mail-in cards for voter registration this summer. Our league will have many opportunities to be visible in our community this fall. Please take the time to attend local forums and help with voter service projects. 1 . October 10, Plymouth on Parade 3 PM to 5 PM need volunteers for Voter Registration. 2. Hennepin County Attorney Forum October 8, 1998,7.30 PM at Golden Valley City Hall. Call me if you need a ride. 3. Legislative and City Council Forums TBD 4. Election returns at local precincts. Primary and General Elections. Louise will caU you for help. 5 Election Hot Line: Earn $10 a shift answering phones for the Primary and General Elections Shifts are 2 1/2 to 3 hrs long. Sept. 11 - 15 at LWV Office and 13 - 15 at WCCO. Give me a caU. 6. The Board is still in need of a secretary. It’s a great job to start to learn about League. All members are invited to join the board for breakfast at the next board meeting, Sep tember 19,1998 at the Carlson Parkway Country Kitchen at 9:30 AM. Ann Duff, a well Leaguer from South Tonka and Grace Norris ’s cousin, will speak about her expenences at the Na tional Convention. Call me at 476—1791 for reservations III III fctfill ^Hli lillll^ I ■!! Illl III I ■PHfcil II III I I Bin I I mi I'lliltilil I I Mill IMII IWIB Ml I II I » !■ ■ <■!! !■■ I ^ . r J*A ... . DATE EVENT TIME LOCATION ScDtcrabcr 08 1998 Stans Lecture Marks the 79th anniversary of 13-15 15 17 Arvonne Fraser, Esther Tomljanovich, Ann Wynia & Nancy Bralaas Sute Election Hot Line: Shifts between 2 1/2 and 3 Hrs 19 29 CMAL Meeting: **Health Care Planning for Metro Area ” Brunswick United Methodist Church D Board Breakfast Meeting: “Experiences at the National Convention” Speaker; Ann Duff Workshops: **Women & Work Success” October 03 Parliamentary Procedures Workshop Parti - Instruction Partn • Live Practice 06 Candidate Forum: City and/or Legislative District Candidates 08 Hennepin County Attorney Candidates Forum 10 17 Voter Registration at Pljinouth^s 30th Birthday Party Parade at 2 PM around the cit>‘ area Board Meeting Candidate Forum City and/or Legislative District Candidates There will also be information regarding the Super M^ority Vote 24 NovelM l!. UN Rally Day r 03 11 14 General Election Veterans Day General Meeting: “Election of Judges ” State Study Consensus Board Meeting: Follows General Meeting 7 PM i MN History Center 345 Kellogg Blvd St. Paul, MN All Day WCCO Budding 8:00 PM Precinct Locations 5:00 PM 6122 42nd AveN. $10 Crystal, MN 9:30 AM Country Kitchen 200 Carlson Pkwy 6 - 8:30 PM Colonial Counseling Ctr 6200 Colonial Way. Edina Merriam Pk. Library 10 AM-1 PM 1831 Marshall Ave 2-5 PM E. of Lake St. Bridge 7 PM Plymouth City Hall 3400 Plymouth Blvd 7:30 PM Golden VaUey City Hall 7800 Golden Valley Rd Afternoon Life Time Fitness Primouth City Ctr. Area 9:30 AM TBD 7 PM Plymouth City Hall 3400 Plymouth Blvd 7AM-8PM Local Precinct Polls 10- 11:30 AM Plymouth City Center 3400 Plymouth Blvd 11:30-1PM Membership Update: A wann “WELCOME” to new member Tyrone Bujold. A trial lawyer and a resident of Plymouth for 13 years, he and his wife, Delia, have an interest in making a contribution to good government throu^ the League of Women Voters. Tyrone is on the board ofthe Illusion Theater as well as being a member of many professional organizations. He enjoys reading and classical music and most recently has been very actively invol^^ on foe Ply mouth Charter Conunission. As a League we look forward to foe support and contributions foat will be made, not only by Tyrone, but all of you who feel a dedication to providing nonpartisan information on issues. Whether you can participate actively or not your support gives us foe tools needed to continue being a respected community organization. Pape 3 1 1 ui ■ iriru^fc*TM~Hiin • ri— - Citizen Participation Checklist ^ □ ConlrilNititoapolitieal CMmign. (U$e the states political contribution refund or income tax check-off.) □ Votot A □ Think of otttr mys to partteipata in the election process, and then call us with your ideas. □ Attoflda praelodeaHCii. (Che^k the box if you attended your precinct caucus on March 3, 1998) rffC^aii N N b ^ot^a " □ hRltoaeaodUalata ipMk to a neighborhood group, business, school, church, or community organization to which you belong. f □ loam aboot coadWotoi for public office. Attend a debate. Or tune into a debate sponsored by the League of Women Voters or your local news organization. (Call us to obtain a list of scheduled debates in your area.) k Want democracy to work better? Want cleaner campaigns? Want better media coverage of the issues? Then it's up to you! □ Lot caadidatat know wbleli taaaoyootUakara addraoo tbo laoaos fairly aad naaioly. (Call us to find out how to contact the candidates.) The Minnesota Compact is built on the premise that ^ood citizens produce good leaders. Follow the dotted line to greater involvement. And ask your friends and family members to do the same. □ Partielpala la Maaaaata CIttaMa* FaraaM sponsored by the Star Trihmt and KTCA TV in partnership with Minnesota Pdilic Radio and the Minnesota journalism Center. Engage in on-line debate and dialogue with Minnesota E-Democracy, and take part in citizen discussion groups sponsored by other news organizations and community groups around the state. (Call us to find out how.) □ VakMlaarfarapalitical eanpalga or public af^irs organization. □ Mtaawaariaataaliaaata caapaifaa that aapparta tka caiitndiva dtacaaaioa af luiblle eoacaraa. Call us for a list of newspapers and broadcast stations in Minnesota.) 4 ti □ Ask caodldatas to taka rasponiJbillty far thalr canpaJp ads asd othar caapalp comraonicatlaaB. If they don't, write a letter to the candidate or to the editor of your local newspaper. (Call us to find out how to contact candi^tes and news organizations.) • N you art calling from within IhaTWIn CItiaa matropolKan area, dial 224*5445. Outalda tha matro araa, call 1-800* 663*9328. if you wlah, you can alao contact us by o-mall (lwvmn®mtaorg). And chack out our wabsita (www.battareampalgns.org/MlnnaaotaCompact). Information provided will ba limited to tha campaigna tor Qovamor, state officas and tha U.S. House of Raprasantativas since these high-prollla races tend to sat tha tone tor tha state. However, eltizana are urged to ba attantiva to candidata conduct and madia coverage In election campaigna at all lavala throughout the atata of MInnaaota. Tha MInnaaota Compact la a campaign reform InHIatlva daaignad to raise tha level of political discourse In Minnesota elections.Ths Compact alma to persuade candidatea, Intereat groupa and political partlaa to mlnimiza attacka and maximize tha preaentatlon of lasues and qualifications: to strengthan the tradition of aubatantive, Informative debates; to aak news organizations to commit to covering the substance of pollticai campaigns, and to encourage full participation by dtlzans In the election process. The Minnesota Compact Is a pro)ect of the League of Women Voters of Minnesota Education Fund 880 Rice St, St Paul. MN 88103 • telephone: (681)224.8448 • fax (681)290-2148 The Compact is assoclatad with the Alliance tor Better Campidgna which Is funded by a grant from The Pew Charitable Trusts. Kim Koehnen Honor© r' he Gra( JL N o r r i Grace s Award was estab- h lished 8 years ago to honor out* standing volun* teer service to p— the League and the community. It is named after member and Treasurer, Grace Norris, who has been in League “a million years”, as Grace would say. Previous winners include Grace, Louise Speck, Eydie Kargas, Joy Tierney, Paula Pursley, Jenny Manin, and myself. Like last year, this year’s honoree was also unable to be present at our annual meeting to receive this award. She didn’t know what she was missing. This year our Grace Norris Award goes to Kim Koehnen. of Women Voters’ Board as Vice President and as Membership Chair which she presently holds. During the two year period without a presi dent, Kim did an excellent job as board meeting facilitator. She kept our meetings on track and on time. As Membership Chair, she attends city events and our programs always watchful for that possible new mem ber. Kim is presently serving her second term on the Plymouth Plan ning Commission. She is also active with the Minnesota Teachers Union and her brass ensemble. Thank you, Kim, for your dedication to the League of Women Voters and the conununity. It is with great honor I award the eighth annual Grace Nor ris Award to Kim Koehnen. Kim, you inspire us. Kim who is a 6th grade teacher at Buffalo, joined our league in Febru ary of 94. She incorporated the Mirmesota State League produced “We’ve Got the Power’ curriculum into the 6th grade. She has served on oiir Wayzata /Plymouth League Vebbte/ Prices, President May 30, 1998 V- r Electioin Information for Hennepin county can be found on the county’s web site. Nei^borfaood polling places and infor- ' tion about wards, precincts and leg islative and congressional districts can be obtained by entering a Hennepin County street address on the web she. The web site contains information about who has filed for office in the county, links to cities that have web sites and the secretary of state’s web site for primary and general election dates, deadlines to register for voting or absentee ballots and information on obtaining absentee ballots. Residents can’t raster online, how ever, since applications need to be signed by the applicant. When accessing the county’s web site, select the services voting or election information. The county’s web address is www.co.hennepin.mn.us. Voter Guides Forums Our league has purdiased Voter Guides for the Primary and General Elections to be used by the Hi^ School students in their classes We have also ordered for the local li braries. Target stores will also be distributing Voter Guides this fall. Please* take the time to thank the store for their service to the commu nity. The West Metro Alliance is pro viding a forum for the Hennepin county Attorney’s seat being va cated by Mike Freeman who is mak ing a bid for governor. Republican Sheryl Ramstad Hvass and Demo crat Amy Klobuchar are the candi dates. member and attorney, Rachel Bardy, will be moderator. This forum, as well as all our candidate forums will be cablecast on Northwest Commu nity Television. Tydie Xargas The forum will be held at the Golden Valley City Hall on October 8, 1998 at 7:30 p.m. St. Paul league Voter turnout is expected to be light this year so we hope you will use these forums (City Council, Legislative, etc.) to equip your friends and neighbors as well as yourselves to become more informed voters. Louise, Voter Service Saint Paul League of Women Voters PARLIAMENTARY PROCEDURES WORKSHOP Learn How to Run a Meeting Using Roberts' Rules of Order DATE: TIME: PLACE: Saturday October 3, 1998 Part I: 10 a.m. - 1 p.m. Part II: 2 p.m. - 5 p.m. Merriam Park Branch Library 1831 Marshall Ave (comer of Marshall and Fairview) (straight east of the Lake Street bridge) COST: LUNCH: Part I only - $15.00 Instruction All day - $25.00 Includes live practice of what you learn so you can preside with confidence Bring a bag lunch« or fast food nearby Coffee and/or cold drink provided. PRESENTER: Muriel Miller Registered Professional Parliamentarian REGISTRATION Parliamentary Procedures Workshop St. Paul League of Women Voters 150-A Eaton St Saint Paul. MN 55107 (phone: 222-1215) NAME DAYTIME PHONE PART I ONLY ALL DAY.Payment Enciosed__i. tion Act! “The League of Women Voters is a nonpartisan political organization, which encourages the in- formed and active par ticipation of citizens in government, and influ ences public policy thorough education Information in this issue offers you opportunities to get involved in the action side of League. Those of you who are fairly new to League will be reassured to know that lobby ing on issues we have studied is as nonpartisan as our voter service. We seek support on issues withrut regard to politi cal party. The Capitol Letter will keep you informed on the is sues followed by the State Action Com mittee. The Legisla tive Internship Ap plication offers the opportunity to join the committee and team how to lobby at •he Capitol. If you cannot get to St. Paul, the Ten Minute activist offers an op- portunit) to be a part of the team from home. Call the State Office at 224-S445 if you have questions. Action Alert from LWVUS Urgent Grassroots Action Needed! Members of the r#i House of Representa tives took an historic step on August 6 by voting 252- 179 for the Shavs-Meehanm campaign finance reform leg islation and sending it to the Senate. This was a tremen dous victoty for the League and our allies. Thank you for all the work that you did to achieve this milestone! Now we must redouble our efforts to press the Senate to act. Please contact your Senators and urge them to vote for campaign finance re form and to support cloture on the legislation. Tell them that the Senate must pass campaign finance reform be fore they adjourn.. Each member of our Con gressional delegation should receive the same message of our support for the followinf . The LWV supports closing the soft money and sham is sue advocacy loopholes, the essential reform elements contained in S25 as it now reads. The Senate is scheduled to return from its summer recess on August 31. From that time Action until adjournment, expected around October 9, we will have a window for action. The Shays-Meehan bill, as it passed the House, would effectively ban “soft money,” require that funding for “sham “ issues ads be co\’ered by the same rules that apply to other election activities, strengthen FEC enforcement, and create a commission to study additional ways that the campaign finance s>stem can be improved. Action Needed: Your Senators can be contacted through the Capitol switchboard at (202)224-3121 or through their individual office numbers. You may e- mail your representative through LWVUS Web site at www.lwv.org . Urge your Senators to support campaign finance reform and to vote for cloture. Editor ’s Note: More infor mation on issues can be found on the internet at http:// freenet.msp.mn.us/ip/poi/ Iwvmn or at http://www.lwv. org. How to Contact Your Legislators Legislator Wash. Phone Wash. Fa» E-Mail Address Senator Rod Grams 202/224-3244 202/224-0956 mail grams'S;grams.senate.gov Senator Paul Weilstone 202/224-5641 202/224-8438 senator(S;weilstone.senate.gov Rep. Jim Ramstad 202/225-2871 202/225-6351 * *To send e-mail to Rep. Ramstad access the Web site at http://www.house.gov/writerep/ follow in structions. Also. Rep. Ramstad has his owu Web site at http://www.house gov/ramstad/ and you can leave mail there as well. Rape 7 i League of Women Voters Wayzata/Plymottth Area 835 Vicksburg Lane Plymouth, MN 55441 Cl •} *V./33O. ' President:Deb Price 476-1791 Membership: KimKoehnen 557-1465 Editor: Louise Spedc 473-4116 . • Mayor and City Council 2750 Kelly Parkway Orono, MN 55356 Be There ... September 19th, 9:30 AM Breakfast Country Kitchen, 200 Carlson Parkway ''Experiences at National Convention " Speaker: Ann Duffy :f It’s Easy to join the League of Women Voters! We will send you a new member's information packet, including the la^ issue of Jifce Hooves newsletter. Just fill out this form and include dues of $45. Mail it to Kim Koehnen, 5545 Orleans Lane, Plymouth, MN 55442 (phone 557-1465). I Name of new member : Address ___ City/State/Zip Phone Number E-mail address j. T-r: TH 12 Design Review Committee August S) 1998 5:30 - 6:30 Orono City Hall SEP 14 J99J Attendees: Ed Callahan Mike Johnson Ray Cekalla Tom O’Keefe Patti Loken Nancy Yoo Jim Nelson Joe Lynch Rose Richter Elmer Pladers Ron Moorse Chris Morrison Jim Gulbranson Dave Dudinsky Greg Gappa Richard Flint Dick Schmidt Lili McMillan Diann Goetten Bruce Polaczyk ITEM: ITEM: Patti called meeting to order at 5:35 p.m. Project Update - EA is still in progress. The noise analysis is not completed and there are a few issues with relocation, air quality, wetlands, drainage, and 4(f) and 6(f) parklands yet to be resolved. Review of the project schedule - The Statue language for the submission of the layout is as summarized: 1. Mn/DOT submits the layout to agencies for 1 eview and approval 2. Between 90-120 days after the layout is submitted, a public hearing is held. 3. Mn/DOT receives comments from cities and agencies and has 180 days to revise and formally adopt the layout. 4. Layout is sent out to the cities and agencies for final approval. Agencies have 120 days to approve or disapprove. 5. If the layout is approved, it goes to final design. If it is not approved, Mn/DOT can modify it again and agencies have 60 days to approve/ disapprove or the layout can go to an appeal board. The layout is near complete from a design standpoint. Tom and I were thinking that Mn/DOT could submit the layout to the cities in September and start the process for the submission of layout plans. If we have the public hearing in 13 weeks after submission, that would be in December sometime. If the cities want to speed up the review and approval process, the cities could request in writing to have the public hearing sooner than the 13 weeks, however, it will take the cities cooperation and willingness to work with Mn/DOT on making decisions on issues yet to be resolved. It probably won’t take 180 days for step 3 and hopefully it won’t take 120 days in step 4 for the cities to approve or disapprove the final layout. Minutes, TH 12 DRC Meeting August 5,1998 page 2 ITEM: The requirements for the Environmental Assessment distribution is less timely. The Draft E A must be distributed 15 days prior to the public hearing for review and there is a 30 day comment period after the hearing. The final EA has a 30 day review period. Temporary Crossing at Watertown Road - Patti presented a concept for a temporary crossing near Watertown Road and Bollum Lane. This access will be an at-grade crossing with the railroad constructed in stage 2 or the second year of construction when Brown Road is closed. The location was selected based on the profile grades of the railroad, city street, and TH 12. The access point onto existing TH 12 will lend itself for the providing a left turn lane on TH 12. Traffic will be controlled by a temporary signal on 'fH 12. Concern will this crossing are the at-grade railroad crossing (safety), coordination of the railroad crossbar signal and the signal on TH 12, the profile grade of the temporary roadway connection (sight distance), and traffic operation on the city street (Watertown Road/New Park Avenue). Mn/DOT traffic studies section is reviewing the traffic operation and will recommend improvements and signal operation plans. Issues raised: 1. Orono is not convinced the new Park Ave. roadway in Long Lake is a good design decision. Diann and Ed feel it will increase traffic on Orono Orchard Road and County Road 15. Traffic modeling predicts that the trips on the roadway east of Watertown Road will be approximately 2000 vehicles per day less than the 2015 no build condition on this segment of Orchard Lane. The volume on the new roadway at this location will be about 1000 vpd. This represents a 66% decrease in trips over the no-build condition. The loss of connection to TH 12 will significantly curtail traffic volume increases in this segment. The new roadway will carry about 800-1000 vpd between Watertown Road and Lakeview Lane. The level of service for the intersection of Brown Road and the new Park Avenue was evaluated. Assuming a stop condition on New Park Ave., the intersection will operate at a level of service C in AM peak hour and A in the PM peak hour. We will evaluate the traffic impacts on Orono Orchard Lane and County Road 15 for the temporary crossing during stage 2 construction when the Minutes, TH 12 DRC Meeting August 5,1998 page 3 ITEM: ITEM: ITEM: consultant contract has been executed and BA can continue working on TH12. 2. Joe stated Long Lake would prefer a temporary crossing at the site of the pedestrian crossing near the Wolf and Fleming properties and asked if Mn/DOT was still considering this as a potential site. Tom stated this location is 90% out as far as being considered as a temporary crossing. The crossing would be very expensive considering the amount of roadway and size of bridge that would have to be built. Orono does not support having a road, temporary or otherwise, constructed in tWs location. Mn/DOT will continue to work on the temporary crossing near Watertown Road. Drainage - Nancy Yoo reviewed the inplace and proposed drainage within the corridor and provided an update on the drainage analysis she has developed so far. She is developing two alternatives, one which perpetuates the drainage as it goes today and the other a diversion of drainage to the Fleming property She identified possible pond locations for reducing the flows in all three cities and is waiting for a response from Long Lake as to whether those sites are possible and whether the city is comfortable with the reduction in the flow going either to Long Lake or being diverted. Ifnot, then where can she have ^ditional pond sites? She has reduced the flow from the inplace condition ping into Long Lake by about 60 cfs. For the diversion alternative, she is proposing to divert only the low flows to the Fleming property. Low flow storms of 2,5, and 10-year are the storms that carry the most pollutants and sediments. Pedestrian Bypass - Mn/DOT has started to develop concepts for the trails in Long Lake and the pedestrian bridge overpass near the Fleming property. We are looking at switch backs, spirals, and coimecting from high point to high pomt as possible ways of getting up to the elevation needed for the bridge clearance over the railroad. We will continue to work with the city to develop acceptable trail concepts. Layout Review - Patti reviewed the layout from one end of the project to the other to identify issues that still need resolution. Minutes, TH 12 DRC Meeting August 5,1998 page 4 Issues raised: 1. City of Orono wants to make sure the County Road 6 bridge is wide enough to accommodate any additional lanes that may be required in the future. At this time the county does not anticipate widening of County Road 6 and Mn/DOT evaluated the operation of the intersections with an additional 20 years of projected traffic and the level of service were still acceptable. 2. Both cities are still unsure about the new Park Ave city street in Long Lake. Ron requested traffic counts be sent to the city of Orono for their review. 3. Orono is concerned about the Luce Line Trail bridges and whether ir not horse traffic will be allowed. This is an issue that needs to be resolved with the DNR and the cities. 4. Long Lake still wants to consider a return ramp in Wayzata. Orono supports having an emergency access in place of a ramp. The benefit verses the cost does not support placing a return ramp. Impacts to right-of-way, wetlands, and the Luce Line Trail are significant for amount of traffic that would use this ramp. 5. Height of the bridge, noise, relocation of Public Works, and pavement options are issues concerning Wayzata with the proposed interchange at east end of the project. 6. Cities requested to develop the agreement between Long Lake, Orono, and Mn/DOT about no future expansion of TH 12 within 20 years of completing the project. 7. Mitigation of Holbrook Park with Long Lake is still unresolved. 8. Construction Staging is still a concern. Meeting adjourned 7:40 PM Next Meeting:September 2,1998 Orono City Hall 5:30 - 7:30 PM Recorder: Patti Loken •.4' •— 4 -0 couryic!Lf/:£ii....... TO:Mayor and City Council FROM:Ron Moorse, City Administrator SEP 14 1998 CITY or ORCMO DATE:September 11,1998 SUBJECT: Hennepin County Price Quote and Proposed Agreement for Assessment Services Attached is the price quote provided by Hennepin County related to the 1999 assessment, and the proposed two year agreement for assessment services. rTi“Tir~ir im 1 n . W- 9 •»»*■■ ^(1 vr ■wi .’.tp t*— i --tti- 1999 ASSESSMENT QUOTE ORONO PROPERTY TYPE PARCELS APARTMENT COMMERCIAL-UTILI INDUSTRIAL RESIDENTIAL UNDER-109.000 109.000- 218.000 218.000- 327.000 327.000- 436.000 436.000- OVER CONDOMINIUM UNIT GARAGE PERMA LEASE FARM LAND CR.K PARCELS ADMINISTRATION NEW CONSTRUCTION APARTMENT COMMERCIAL INDUSTRIAL RESIDENTIAL FARM PARCELS COURT PETITIONS PAY 1998 2 X 78 X 4 X 584 X 935 X 562 X 386 X 547 X 0 X 0 X 0 X 29 X 797 X 94 X 4018 3% 0 2 0 269 0 X X X X X 271 OX PRICE $142.00 = $142.00 = $142.00 = $38.00 $57.00 $105.00 $138.00 $173.00 $38.00 = $0.00 = $38.00 = $59.00 = $0.00 $142.00 $142.00 $142.00 $38.00 $59.00 $600.00 = JULY 22.1998 TOTAL $284.00 $11,076.00 $568.00 $22,192.00 $53,295.00 $59,010.00 $53,268.00 $94,631.00 $0.00 $0.00 $0.00 $1,711.00 $15.00 = $11,955.00 $0.00 $307,990.00 / 4 $0.00 $284.00 $0.00 $10,222.00 $0.00 $0.00 $76,997.50 $2,309.93 : I $10,506.00 $0 $89,813.43 I ♦ r: 1999 ASSESSMENT QUOTE ORONO JULY 22.1998 PROPERTY TYPE PARCELS APARTMENT COMMERCIAL-UTILI INDUSTRIAL PRICE TOTAL RESIDENTIAL UNDER-109.( 109.000- 218. 218.000- 327. 327.000- 436. 436.000- OVER • • • • • • • it CONDOMINIUM UNIT GARAGE PERMA LEASE FARM UND CR.K PARCELS ADMINISTRATION 2 X $142.00 s $284.00 78 X $142.00 =$11,076.00 4 X $142.00 =$568.00 -^584 X $38.00 s $22,192.00 935 X $57.00 s $53,295.00 562 X $105.00 s $59,010.00386 X $138.00 s $53,268.00 547 X $173.00 —$94,631.00 0 X $38.00 $0.000 X $0.00 =$0.00 0 X $38.00 =$0.00 29 X $59.00 =$1,711.00 797 X $15.00 =$11,955.00 94 X $0.00 =' $0.00 4018 $307,990.00 3% NEW CONSTRUCTION APARTMENT COMMERCIAL INDUSTRIAL RESIDENTIAL FARM 0 X 2 X 0 X 269 X 0 X $142.00 $142.00 $142.00 $38.00 $59.00 s $0.00 $284.00 $0.00 $10,222.00 $0.00 PARCELS 271 i COURT PETITIONS PAY 1998 I OX $600.00 =$0.00 i i & $76,997.50 $2,309.93 $10,506.00 $0 $89,813.43 1 'AIM L .xt'A&.'Tr.A. Contract No. A20398 AGREEMENT THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY”, and the CITY OF ORONO. a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes. Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE. In consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 1999 and 2000 property assessment for the CITY of ORONO in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth In Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out Its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish office space needed by the COUNTY, without charge, at appropriate places in the CITY'S offices. The keys thereto shall be provided to the COUNTY. The CITY assures that such areas shall not be unattended, during or after work of any kind by or on behalf of the CITY, in any area occupied by the COUNTY as provided herein, or If unattended, the CITY shall make certain that such areas are locked and secured. Such office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the COUNTY'S use at any and all times during the CITY'S business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY'S offices each CITY working day a person who has such knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners ’ policies against discrimination, no person shall be f xcluded from full employment rights or participation In or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or In any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, Indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any - r-rrrr I-1-* nif in^nui-matiwn . # • • compensation, rights or benefits of any kind whatsoever from the COUNTY^, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and P.E.R.A. 8. CITY agrees that it wiil defend and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or othen/vise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney ’s fees. witness fees and disbursements incurred in the defense thereof) resulting from or caused by any act or omission of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. 9. The COUNTY shall endeavor to perform all services called for herein In an efficient manner. The sole and exclusive remedies for any breach of this Agreement by the COUNTY and for COUNTY’S liability of any kind whatsoever, including but not limited to liability for negligence with respect to the services hereunder, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. In no event shall the COUNTY be liable for special, incidental, or consequential damages or for any business or financial loss whatsoever. 10. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military k> kL.k4.tf V •. authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 11. This Agreement shall commence on September 1,1998, and shall terminate on July 31, 2000. Either party may Initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend no less than 150 days prior to the termination of this Agreement. If the party who receives said notice of Intent to extend gives written notice to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shall terminate on July 31,2002. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said representatives had a reasonable opportunity to attend, provided that after such determination, any part desiring to cancel this Agreement may do so by giving the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non-completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall • • mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 12. A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of Ninety Thousand ($90,000.00) Dollars for each assessment, provided that any payment for the current year ’s assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY'S estimated cost of appraising new construction and new parcels for the current year ’s assessment. The amount of any increase or decrease shall be specified in the billing for the current year ’s assessment. 12.B. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $90,000.00 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this paragraph 12(b), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds ten (10%) percent of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said current calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY’S receipt of said cancellation notice and not later than forty-six (46) days after the CITY'S receipt of any said price-increase notice. Payment by the CITY for each assessment shall be made in the following manner: Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth In a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15) dr- of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth In a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent assessment year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within fifteen (15) days after receipt thereof. In the event the CITY receives a bill less than fifteen (15) days before said December 15 or said July 15, such bill shall be paid not more than fifteen (15) days after its receipt. 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: TO COUNTY: copies to: Mayor, City of Orono P.O. Box 66 Orono, MN 55323 Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mall receipt and shall be deemed received within the second business day thereafter or when it Is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. • • • 14. It is expressly understood that the obligations of the CITY under Paragraphs 7,8,11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. [This space left intentionally blank.] ~ -----------------------— k■ ft « % w • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of 1998. COUNTY OF HENNEPIN. STATE OF MINNESOTA APPROVED AS TO FORM: BY: Chairman of the County Board Assisi Pater id: Assoc. Co. Administrator APPROVED AS TO EXECUTION: ATTEST: Clerk of the County Board Assistant County Attorney CITY OF ORONO Date: By: Its Mayor And: Its City Clerk/Administrator The above Agreement No. A20398 is hereby approved by the Commissioner of Revenue this____day of______________, 1998. COMMISSIONER OF REVENUE (10) Contract No. A20398 EXHIBIT A CITY OF ORONO 1. Physically inspect and revalue 25% of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Conduct valuation reviews prior to Board of Review - approximate dates: March through May 15. 4. Attend Board of Review. Per Board request, make all necessary review appraisals. Approximate dates: April 1 - May 31 . 5. Keep updated field card file - current values, homestead and classification data. 6. Print, mail and post valuation notices and homestead cards. 7. Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically during contract term. 8. Make divisions and combinations periodically during contract term. 9. initiate, for the taxpayer, abatement applications periodically during contract term, as requested. 10. Make appraisals for, testify or negotiate all District Court or Tax Court filings during the contract term. 11. Post values from appraisal cards to assessment rolls. 12. As needed, per sales analysis, adjust estimated market values on those properties not physically inspected. \\NAIROBI\CAXXTEAM\Oivlsion\CiviI\Contracts\Hennepin CountyNCity of Orono-AgrMmentA20398.doc (11) ■ r.A GITYofORONO Municipal Ofllces Street Address: 2750 Kelley Parkway Oroflo. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 ^ 0 • % w.' ■ w • ■ To: Project Area Residents; Subject: Navarre Water Treatment Plant Rehabilitation SEP 1 4 19S8 CITY or ORONO The Navarre Water Treatment Plant Rehabilitation provides Iron and Manganese removal filtration and softening for the Navarre water system. The plant was originally constructed in 1971. The existing control systems and the filter media in the plant are past their usable service life. Also, one of the three softening units is currently not operating because of corrosion problems. This has resulted in uneven water quality. The softening levels have varied considerably over the past several years. A project to complete a major rehabilitation of this plant was recently approved by the City Council. This project will provide for a consistent filtered and softened high quality water in the Navarre system. Work on the rehabilitation project is scheduled to start on September 15th and be completed in April 1999. During project construction, the City will be obtaining water from the City of Spring Park. This water is filtered to remove the Iron and Manganese, but will not be softened. The scheduled date for the switch to Spring Park water is September 28th. Approximately half of the homes in the Navarre water system have water softeners. These residents may notice an increase in the amount of salt required for water softening during this time. Residents that do not have water softeners may notice impacts from using unsoftened water such as more soap required for washing clothes, etc. Although this will result in an inconvenience, the use of unsoftened water during the time period for the plant rehabilitation should not have any long term impacts on the water supply system or household plumbing. When this project is completed, residents with water softeners may wish to reevaluate the use of their water softeners. Over the past several years, the level of softening produced by the Navarre Treatment Plant has varied considerably and home softening has been necessary at times. The softening levels have varied from 50 mg/1 to 300 mg/1 with the most readings in the 100 to 150 mg/1 range. After plant rehabilitation the water will be softened to 60 mg/1 which is a desirable level. This will essentially eliminate the need for home water softeners. Telephone (612) 473-7357 • FAX 473-0510 II • ^ N&varre Water Treatment Plant Rehabilitation September 10,1998 Page 2 of2 With home water softeners it is possible to over-soften the water. Over softened water is very corrosive and can cause leaching of copper and lead from the plumbing piping in the house, resulting in elevated levels of copper or lead in the water. To reduce the possibility of excessive levels of lead and copper in the water, over softening of the water below 60 mg/1 should be avoided. Also, hot tap water should not be used for cooking or drinking as hot water can contain elevated levels of lead and copper. It is also recommended that, prior to using water for drinking or cooking, the water should be run for approximately 30 seconds or until it feels cold. This will clear out any elevated levels of lead or copper that may have occurred as the water was sitting in the pipes. To avoid wasting water, it is recommend a container of water be kept in the refrigerator to minimize the need to run the water. Thank you for your assistance in this matter. Sincerely, Gregory Gappa Director of Public Services . . <. fiM i aiii iiwiii i i>in11 ma i a nn n\ii I'n■ imi > i ■■ ■■■ i iiu ■'• II ii^ii I ■■niiw iniintfi laiiiaaTiBiiin fli TMiiii mill i~i ii» r iifn rimirii ' ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 CPU SEP 1 4 1998 ROLL OTN'O" por.v. j The Orono Planning Commission met on the above date with the following members present. Chair Sandra Smith. Charles Schroeder. William Stoddard. Elizabeth Hawn. Dale Lindqui^ Janice Berg: Lili McMillan was absent. The following represented City Staff: City Planner/Zonmg Administrator Elizabeth Van Zomeren. Assistant Zoning Administrator Paul Weinberger. Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:30 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2389 DANIEL J. KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT, 6:31 p.m. - 6:32 p.m. The Applicant was not present. There were no public comments. Smith moved. Stoddard seconded, to table Application #2389 at the request of the Applicant. VOTE: Ayes 6, Nays 0. (#2) #2390 DAVID RAHN. 1385 REST POINT ROAD - VARIANCE, 6:33 p.m. - 6:58 p.m. Mr. Rahn was present. Van Zomeren stated this application was considered at the July 20, 1998 meeting wherein the Planning Commission denied the application as submitted. The Applicant then brought the request to the City Council where they directed the Applicant to submit a revised plan to the Planning Commission for review. The Applicant is currently proposing to construct a 22' by 24 ’ garage that has storage below the parking level with access off the street. The revised plan calls for the structure to be 17.1 from the property line, which requires a street yard setback because the garage is less than 30' front the street. If the structure were located to meet the street setback, it would encroach into the floodplain area of the lot, which Staff is not recommending. Van Zomeren stated the Applicant's hardcover is restricted to the amount that is 25 percent of the lot area in the 75 ’-250 ’, which allows the Applicant 1,978.25 square feet of hardcover. The Appllwnt is proposing, with the driveway and the 22 ’ by 24' garage, hardcover of 2,576 square feet or 32.55 percent, which is an increase of 7.5 percent over the allowed hardcover. Originally the Applicant was requesting 3,797 square feet of hardcover. Van Zomeren reported the building inspector has reviewed this property and has outlined his concerns on page five of the application. City Council has requested the Planning Commission review this modified application. Page 1 r ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 <#2390 DAVID RAHN, Continued) Chair Smith noted the City Council had originally directed that total hardcover be limited to 25 percent. Van Zomeren stated the Resolution calls for no new hardcover in the 0’-75' setback, with new hardcover in the 75'-250‘ setback to be reduced by the amount of hardcover in the 0'-75'. Van Zomeren reported the new City Council direction was to have the Planning Commission review the revised plan and to extend the time period an additional 60 days per the agree ant of the Applicant. Van Zomeren noted Council Member Charles Kelley stated a two car garage is reasonable in Minnesota and he would be in favor of a 24' by 24' garage with driveway and sidewalk. Goetten stated garage plans need to be included in the overall lot plan. Lindquist commented he was at the previous City Council meeting where this was discussed and the overall feeling was that a two car garage should be allowed even if it exceeded the allowable hardcover. Lindquist stated the Applicant would not be able to construct a two-stall garage with a driveway if he was limited to the 657 square feet. Mr. Rahn commented if it was the City Council's intention to limit his application to the 657 square feet, it should have been so stated at the meeting, but his understanding is that the City Council is attempting to accommodate a small garage. Hawn commented the revised plan seems to be the best option available to the Applicant, noting the garage should have been included in the originai plans for the lot. Hawn stated the Applicant is on record stating the 1,000 square feet is adequate for a garage, which cannot be met with a two-car garage. Hawn remarked she is uncomfortable approving this application because the hardcover situation was explained fully to the Applicant at the previous meetings. Rahn stated his original plans called for a garage that would not have needed a vari''nce until the direction was given that hardcover in the 75'-250' zone would need to be reduced by the amount of hardcover in the 0-75' zone. Rahn noted he did agree to the 1,000 square feet at the City Council meeting. There were no public comments. Chair Smith stated she agrees with Hawn, and in^^rf.r.d whether a one-car garage would be adequate for this property as a possible option to reduce hardcover. Rahn stated he was not informed that the hardcover in the 75'-250' zone wouid need to be reduced until the last comment at the last City Council meeting. Chair Smith remarked when the application for the residence was originally considered, the garage was not included, so the Planning Commission did not have an opportunity to take that into consideration. Rahn commented he has stated all along that he intends to construct a garage in the future. Stoddard stated he is in favor of a garage, noting it may need to be down-sized somewhat in an effort to reduce hardcover. Schroeder noted Kelley staled in his view all people could use a garage of some type in Minnesota and would approve a garage for this property. Page 2 r \ • >ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2390 DAVID RAHN, Continued) Berg state j a 22' by 22' garage is a minimum for a two-car garage. Rahn stated he own.s a Suburban which requires a larger garage. Rahn questioned why the need to limit hardcover when he is located in a floodplain and the water runoff is filtered through the floodplain and does not go into the lake. Stoddard noted the residence is located in the 0-75 ’ setback. Lindquist commented this lot probably should not have been approved as a buildable lot in the firet place since the majority of it lies in the floodplain, but since it has been approved as a buildable lot y a previous council, the Planning Commission needs to set standards for the Applicant. Lindquis stated he would be comfortable with a 22 ’ by 22 ’ garage, with the stipulation that no additional hardcover of any kind be allowed on this property. Rahn stated he would like a 22 ’ by 24' garage to accommodate his Suburban, and inquired whether the apron could be removed instead. Lindquist stated he would not approve a 22' by 24 ’ garage. Lindquist moved, Stoddard seconded, to approve Application #2390 allowing the Applicant to construct a 22' by 22 ’ garage with a driveway as outlined in the revised plans for property located at 1385 Rest Point Road, subject to the stipulation that no additional hardcover of any kind will be allowed on this property, and the shed presently located on the property will be removed, and further subject to the conditions outlined in the August 10,1998 Planner's Report. VOTE: Ayes 4, Nays 2, Smith and Hawn opposed. SCHEDULED PUBLIC HEARING (#4) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE NORTH - LOT LINE REARRANGEMENT - 6:59 p.m. - 7:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mike Hilbelink and Ted Wolf were present. Van Zomeren passed out information concerning back lot/front lot standards, noting there is some confusion after a discussion with the Applicant this afternoon surrounding accessory structure requirements. Van Zomeren stated in 1997 this property was platted into a two lot subdivision known as Wolfs Run. Lot 1 was platted as 4.02 acres and Lot 2 as 7.09 acres. The Applicant is requesting to move the division line between the two parcels 160 feet to the west to allow the back lot. Lot 2, to be larger. The front lot would then become 2.96 acres and the back lot would be comprised of 8.15 acres. The outlet would remain as a separate lot for access. Van Zomeren stated the front lot contains a baili that is approximately 20' x 30 . The RR-1B zoning district requires that setback for accessory structures be at least 50’ from any lot line. The propose lot line arrangement places the barn 10' from the new front lot line for the backlot. If the bam will w used to house animals, which it currently does not, the structure must be located 75 from the rear o Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 («2408 MIKE HILBELINK. Continued) Van Zomeren stated if the barn is to remain for use as a garage or storage it should be classified as an accessory structure which would not need a variance. Keeping a horse on a property is regulated as a conditional use and requires at least three acres of lot area. Van Zomeren remarked she was under the impression the barn would be removed until this afternoon when the Applicant informed her that the bam would not be tom down. Hilbelink stated they are not aware of how the bam will be utilized in the future, but Mr. Wolf is not contemplating housing a horse at the present time. Mr. Wolf would like the option of being able to house animals in the bam in the future. There were no public comments. Schroeder inquired whether the lot line could be relocated to accommodate the rear lot setback. Chair Smith stated the structure needs to be 75 ’ from the lot line and 150* to the nearest residence, with a three acre minimum to keep a horse. Stoddard suggested the Applicant call it a garage and not have animals. Wolf stated he is looking down the road and would like to keep hi' options open as far as housing animals. Chair Smith stated the Applicant could act on the application with the understanding that the bam will be classified as an accessory structure and will not be used to house animals or the lot line could be revised to meet the requirements. Hilbelink inquired if the adjoining property own was agreeable to a variance to allow the bam to be used to house animals in the future, whethe le application could be approved as submitted. Berg stated the Planning Commission needs to deal with what is currently existing on the property and to make it as conforming as possible. Hilbelink inquired whether a conditional use permit could be obtained for a horse. Van Zomeren stated this application was noticed as a lot line rearrangement and not as a conditional use permit for an accessory structure that might house an animal. Van Zomeren stated the distance from the north property line to the nearest adjacent property needs to be measured. Chair Smith stated the Planning Commission can only act on what has been presented at tonight ’s meeting, which would mean that the barn would not be able to house animals in the future, or the Applicant could request that the application be tabled to allow the Applicant time to submit revised plans. Van Zomeren stated she would be in favor of tabling the application to allow time to renotify the neighborhood about housing an animal. Chair Smith recommended tabling the application to allow the Applicant time to submit a revised lot line to allow the bam to house animals in the tutuie. Wolf inquired whether the Planning Commission could act on the matter if a 75 ’ setback is maintained. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2408 MIKE HILBELINK, Continued) Chair Smith stated the Planning Commission has to act on what is presented to them, but the Applicant could request that the application be tabled to allow time to submit revised plans. Van Zomeren stated if the bam is to be used to house animals, the Planning Commission needs to know the exact lot lines that are being proposed. Schroeder stated to house horses a minimum of three acres is needed. Van Zomeren stated since the barn has not housed animals for an extended period of time, the intent to house animals probably has been abandoned and a new conditional use permit would be required. Van Zomeren stated if a new house is constructed on the backlot, it must meet the required setbacks for that lot, noting the restriction for the barn falls on the lot that contains the bam. Smith moved, Schroeder seconded, to table Application #2408 for property located at 900 Willow Drive North to allow the Applicant time to submit revised plans. VOTE; Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS, CONTINUED (#3) #2395 BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES, 7;20 p.m. - 7:45 p.m. Van Zomeren stated this application was considered at the July 2C P' .• < 'cnimission meeting where the Applicants requested hardcover variances, a ten foot vacation of platted, unopened Bluff Street, and side yard adjacent to street setback variances. The Planning Commission had recommended denial of the vacation of Bluff Street and tabled the application to allow the Applicant time to submit revised plans. Van Zomeren reported the Applicant has submitted a new plan that shows access from the street and locates the garage closer to the house, approximately 130 feet from the street. The Applicant is proposing to construct a two-story 22' by 25' garage. Vari Zomeren stated she has spoken witti Tom Kellogg, an engineer with Bonestroo, who has reviewed this plan. Kellogg has expressed concerns over the slope of the driveway, which would require ?. considerable amount of fill to obtain a grade of 8 percent. Van Zomeren stated the Plant il.ng Commission needs to consider whether this garage can be relocatid to its proposed site, what grade the driveway should be at, how much fill will be allowed, how Close the garage should be to the adjoining property line and existing house, and whether a va lance to hardcover should be granted. Chair Smith stated this application involves issues that need to be addressed by an engineer, which the Planning Commission is not in a position to handle. Bentrott stated at the last meeting the Planning Commission had stated they would not be in favor of using the unopened street for access to the garage, which necessitated the need to relocate the garage. Bentrott remarked a struciu al engineer has viewed the property. Bentrott stated the adjacent property should not be impacted by the additional fill since the elevation is much higher. Van Zomeren stated the engineer has also raised concerns about the distance available in the lot Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 ! i (#2395 BRENT BENTROTT, Continued) width to maintain an adequate bench of three to one for safety and mowing. Stoddaixl commented the steep embankment might requite retaining walis, which would also increase hardcover. would probably vote against this application with the proposed hardcover. Van Zomeren stated that the new hardcover numbers were not provided with the revised plan. Chair Smith stated the Planning Commission probably cannot act on this application without the new hardcover numbers. Sloddaid stated the surveyor or Applicant should be notified by City Staff that hardcover needs to be calculated before the meeting. Mrs. Bentrott stated they would like to relocate the garage closer relation the ability to visit them year-round, noting they werent aware they couldr.t relocate the garage. Mr. Bentrott slated Bruce Vang, building inspector, has been out to view'''« suggestions to utilize the platted, unopened street and to construct a new garage because in his view the existing garage was a hazard since they had to back out onto the street. Stoddard stated it has not been the philosphy of the Planning fo*review the platted, unopened street for private driveways. Stoddard stated Planning Mssible need for retaining walls, amount of fill, and new hardcover numbers, noting the Planning Commission cannot act on this application until those issues are addressed. Berg expressed concerns over the driveway being close to the neighboring house and the impact the noise and headlights would have on the adjoining property. Schroeder suggested tabling the application to allow the Bentrotts time to address these issues. Chair Smith stated she would prefer a plan without retaining walls if possible, and suggested the Applicant continue to work with City Staff on the hardcover and engineering issues. Mr. Bentrott stated they applied for the vacation to eliminate setback for the three-season porch. Hawn stated the vacation probably would not be approved. Mr Bentrott staled in his opinion he has three options; 1) keep existing garage; 2) lll^irh Is application without the ten foot vacation of Bluff Street, and 3) proceed wrih the revised plan, which is the most costly. Hawn remarked in her view those options are not viable due to the increased hardcover. Schroeder suggested tabling the mailer, noting he is not prepared to give guidance on this application due to the engineering issues that need to be addressed. Stoddard suggested the Appiicani continue to work with City Staff in an effort to resolve some of Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2395 BRENT BENTROTT, Continued) these issues. There were no public comments. 8chr«<l.r moved. Lindquist seconded, to table Application #2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#5) #2391 EVAN ANDERSON, 1260 SPRUCE PLACE - VARIANCE, 7:46 p.m. - 8.05 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Anderson were present. Weinberger stated the Applicants are applying for an 75 ‘- Tatio to remain in the 0-75- distance from the lake and a variance 250' lakeshore setback tor a patio and the reconstruction of an old g g . a variance from the side yard adjacent to street setback. The Applicants are proposing to construct a 24' x 20' garage to replace an existing 22.5 x 20 garage, which Is 40.6 square feet larger. remain in the 0-75' zone which are not depicted on a 1996 survey. Mr. Anderson stated the retaining walls have existed since 1978 and have been replaced. a variance. A hardcover variance is also required for the 75 -250 distance from tne . Applicants are proposing to increase hardcover from 55.3 p'*rcent P hardcover for that zone is 25 percent. Anderson stated City Staff have been out to review his property in the past, noting they were not aware the retaining walls were not depicted on the survey. entire area and the retaining walls are necessary for the drainage. Chair Smith expressed concern that the retaining walls were not depicted on the survey. Stoddard stated he agrees with Staffs recommendations. There were no public comments. Stoddard remarKod he would be in favor of granting the limit iho ei-TP nf the naraae to what is currently existing. Stoddard commelimit the size of the garage to what is currently existing Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 («2391 EVAN ANDERSON. Continued) property. Anderson commented if the retaining walls were not present, the water runoff would go into his basement, and the improvements are necessary to keep the drainage out of his basement. Chair Smith inquired of the Applicants whether hardcover could be reduced. Anderson suggested the garage be moved further south into the driveway to eliminate some hardcover. Stoddard commented overall hardcover is a concern. Hawn noted structural coverage also exceeds the allowable limit. Stoddard suggested the Applicants construct a 22' x 22' garage per Staffs recommendations and limit overall hardcover at 55.3 percent. Hawn questioned whether the patio that was replaced was increased in size. Anderson stated the patio was not increased, citing a need for the hardcover to prevent water runoff. Stoddard moved, Schroeder seconded, to approve Application 2391 for property located at 1260 Spruce Place, granting of a Conditional Use Permit, an after-the-fact variance to hardcover per Staffs recommendations to allow patio and existing hardcover in the 0-75* zone, construction of a 22* by 22* garage, doubling of the permit fees, approval of a variance to side yard adjacent to street setback to allow construction of garage five feet from lot line, limiting total hardcover in the 75*-250' zone to S5.3 percent, with the stipulation that no additional hardcover or structural variances will be granted in the future. VOTE: Ayes 4, Nays 2, Hawn and Smith opposed, noting disapproval of structural coverage. (#6) #2398 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT/LAND ALTERATION, 8:06 p.m. - 8:18 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Oberhauser. a representative of Wayzata Country Club, was present. Gaffron stated the Wayzata Country Club is requesting conditional use permit approval of a master plan for upgrading the course which includes reconstruction, relocation or addition of tees for holes #1-18: reconstruction, relocation and/or addition of bunkers along most fairways and around most of the greens for holes #1-18; and expansion of three pond areas on the property, which are subject to City and MCWD/Corps of Engineers regulation and need to be further evaluated. Gaffron reported the Wayzata Country Club is proposing to widen the fairways, which will involve replacing of sod and minimal grading. Certain of the proposed tee locations will be near the road or Luce Line right-of-ways or residential lot lines. The Planning Commission may want to consider whether it would be appropriate to establish a minimum setback for tees from property boundaries based on the activity impact the tees would have on adjoining properties. Gaffron remarked the new bunkers are not an issue, but more detail will need to be provided before Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2398 WAYZATA COUNTRY CLUB, Continued) “h'"’'",'”"'’ «>e expansion of' 7 ""0 »"s application but rather be subject to completion of a separate conditional use permit approval process for each prior to construction. Staff recommends outlined a*Lve.°"^'*'°"^' program as submitted with the conditions oMhls projS boundary around the entire golf course was notified tees^hirr^pf ?ItI- residential lots will consist of championship netahbJrinn nrnnprt ''®'V 'ow impact on the -»”K£'rs“ “•-■••“•■•-"-“■-r-i There were no public comments. netSg pm^'S’efregarding the location of the tees to the t'srrfsrsf 2an?h.'i7h?lp !h Country Club has received a few phone calls regarding the proposed thP realize the project will have little impact on their property. Oberhauser stated the greens, which are located five feet from the property line, experiences more trSan the t^^^^^^ Chair Smith inquired whether any input has been received from the DNR. GaffroU distributed copies to the Planning Commission approval of the conditional use permit for the ponds subject to review bv the Planning Commission and adoption of a second resolution at the City Council levS. Stoddard stated he was comfortable with Staffs recommendations. Oberhauser stated the project should have no impact on the Luce Line. Chair Smith indicated she was comfortable with Staffs recommendations as well. ®*®‘***®'’** seconded, to approve Application #2398, Wayzata Country Club of tees anri^ ® Conditional use permit for reconstruction, relocatioii or addition 13 1998 memoM^rt* recommendations as outlined in the August the !.nrfp!!l?r^H approval of the expansion of the three pond areas, with Planninn Com expansion of the pond areas will be subject to further approval by the from the *“‘*^®®* *^® conditions outlined in the letter receivedfrom the DNR. VOTE: Ayes 6, Nays 0. Gaffron noted a second resolution v.-ll be prepared for the expansion of the pond areas. Page 9 ORONO PLANNING COMMISSION MEETING minutes for august 17,1998 (»7) 239» MURIEL SENN. 444« NORTH SHORE DRIVE - VARIANCES, 8:18 p.m. - 8:25 p.m. The Certificate of Maiiing and Affidavit of Publication vrere noted. Mrs. Senn was present. M^S^aralS tan eSo ^^ances to Applicant has been ashed to ptevhte a current ?e"haXVrtor^^^^^^ aS hwTstren”^^^^^^^ T '’^"'“''er tvillhouse will be allowed. ‘he front setback can be. and whether an addition to the atd"tte1Ss werCt«em%X^^^^ "!® hardcover the lot has a unique configuration as well L '^fh purchased. Senn commented be allowed to construct aLw garage on the propirtjr continuing erosion. Senn requested she property is a difficuh^iec^of^nd^m ordinances, noting the Senn remarked she has contacted a surveyor but has had poor response. r'^ufa^me Wan “,fgS,n “iirofaile "®'right-of-way would be. ^ ^ dance on what a reasonable setback from the county aSlZrolteaften^'’'’''®®"'"®®"» O'-OPO^' »>e Planning Comnrlssiission can lo"lS'c«y of Sonl*'’®''“"' P" “ix<8le<l survey and plan for whal is acceptable Schroeder suggested the Applicant start with 1.500 square feet and attempt to minimize the setbachs. There were no public comments. D^e'; tTarwth^'Cicam'ZtVo “ulta^'r^osM." Wt”; “"ye^s's^NaysT* WS J.m“l’8™6°pT 3424 EAST LAKE STREET .VAr,V..i„^S, The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. thaf^e^appSilfn matter was heard tonight and requested Page 10 < , I ORONO PLANNING COMMISSION MEETING minutes for august 17,1998 (#2401 THOMAS RADKE, Continued) 8chro.d.r moved. Smith seconded, to table Application .2401. Thomas and Margamt Radke. 3424 East Lake Street. VOTE: Ayes 6, Nays 0. (.0) .2402. GLENN SAUER. 4104 HIGHWOOO ROAD - VARIANCE. 0:27 p.m. - 0:40 p.m. The certificate of Mailing and AKidavil o( Publication were noted. Mr. Sauer waj present. Weinberger slated the Applicant is an existing 22' x IS' garage that was <'"~9'tmof?he «rage^ to hardcover in the ?5TsS “or!sTe’Uli.?he7p^“S^te to remove a 178 square loot storage shed subject to the new garage being built. Sauer had no comments. There were no public comments. Hawn moved. Lindquist seconded, to granting of a variance to hardcover in the ^j»ujn .Km front yard setback, a variance to a variance to allow an accessory structure „:m-*miu three feet closer to the road than allow an accessory structure to be storage shed that currently exists on the principal structure, and removal of a 178 square foot ^ the property after construction of the garage. VOTE, Ayes 6. Nays o. (.10) .2402 TERRY CLARK, 1575 LONG LAKE BOULEVARD - VARIANCES. 8:41 p.m. - 9:08 p.in* The certificate of Mailing and Aflidavil of Publicalion were noted. Ms. Clark was present along with her architect Neil Weber and Tom Terry. Van Zomeren slated this Applicant is proposing to 7jaSn7w 9"*®' nrore living space, bedrooms. ® 'o «■*yaid setback and to add hardcover m the 0-75 setback, in moito ^ lakeshore setback and a f „ning disiricl. which has a walkout patio addition on the lakeside. The prop 7 _ residence sustained damage from a minimum of two acres, with this lot consisting of .72 acres. The residence tree falling on the roof so is in need of repair. Van Zomeren remarked variances were va^riancS'hav^expirel^^^ structure to allow a two-car garage and a ® due to the shallowness of the lot The subject lot does not meet the minimum lot area requ standards The Applicant is ^pm^Sg £t Xn- or™2 ’S2%'u'^rffeet. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2403 TERRY CLARK. Continued) Van Zomeren stated residences under two acres located in the LR-1A zoning district are allowed 15 percent structural hardcover or 1.500 square feet, which they currently exceed. There were no public comments. Weber stated they have gone through a similar analysis that Van Zomeren has just recited and arrived at the conclusion that the addition should be built on the flattest part of the site so it would not encroach any closer to the lake or encroach into the bluff area. Weber commented the proposed addition is designed to increase living space, and noted the Applicant gave an easement to the City for a lift station last year. Weber stated the previous variances were requested by the prior owner. Chair Smith stated she has reviewed the property, and inquired whether the addition could be added to the rear of the residence. (Charles Schoeder leaves at 8:55 p.m.) Van Zomeren commented the street setback is 50*. Clark stated there is a very steep grade behind the house up to the garage. Stoddard remarked the Planning Commission needs more information concerning encroachment Into the bluff area to determine the impact this proposed addition would have on the bluff. Van Zomeren stated there is a 30* setback to the top of the bluff, noting the proposed addition is foHArard of the bluff. City Staff has a concern with grading or land alteration in the 0-75* zone as it relates to the bluff. Van Zomeren remarked the previous resolution granted total hardcover in the amount of 2,652 square feet, with this application proposing 2,734 square feet in total hardcover. There were no public comments. Chair Smith inquired whether the Applicant was familiar with Staffs recommendations and their concerns that this addition will have on the lakeshore. Lindquist stated the Planning Commission has concerns about adding hardcover in the 0-75' setback, and inquired whether the Applicant will be proposing to add a garage in the future. Clark stated she would like to keep the addition away from the bluff as much as possible. Weber commented they are trying to keep the addition as simple as possible, noting the former applicant proposed to completely remodel the existing residence. Chair Smith indicated the Planning Commission has a concern about the impact in the 0-75' setback, noting the majority of the residence lies within that zone. Chair Smith inquired whether the addition could be reduced at all or whether the Applicant could go up with the addition. Hawn inquired whether the addition could be added to the other side. Weber stated that particular site was chosen due to the flatness of the land and to lessen the impact on the lake and bluff. Weber indicated they understand the City's policies, noting that variances are granted for compelling reasons Lindquist stated the impact to the lake is the higher priority in his opinion and would be hard pressed Page 12 ORONO PLANNING COMMISSION MEETING minutes for august 17,1998 (#2403 TERRY CLARK, Continued) to approve an addition in the 0-75 ’ setback. impact on the 0-75* setback. Stoddard stated he agreed with Chair Smith. The Applicanl's conlractor slated that whal the Applicant was proposing was reasonable, no Applicant time to submit revised plans. Stoddard commented It probably wouldn't pass as currently proposed. The Applicant's contractor requested the matter be tabled. MciTs™ The cerliticate of Mailing and Affidavit of Publication were noted. Rod Johnson, representative of Otten Brothers, was present. Gaffron stated the Applicant is mairTSIig arid vnirbe utilized lor virtually 132' X144 ’ greenhouse addition at the east end building but will provide for a more S —UrSrrnSSeU currently is no standard in the B-6 zoning drstnct fnr ctnirtural coverage.for structural coverage. (Charles Schroeder returns at 9:12 p.m.). Gaffron staled the proposed »"<’ *'’® existing structure. Gaffron stated a retaining wall was ererrted >“ “~e resolution that amends the conditions of the PUD agreeme ?„^rn"he“ " “ Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (M2404 OTTEN BROTHERS NURSERY. Continued) at the rear of the property with pine trees on top, with the area needing to be cleaned up somewhat. Staff recommends the Planning Commission approve the amendment to the PUD agreement, denial of the proposed location of the loading dock with relocation to Lot 2, approve location of the canopy, and address the concerns of the neighbor. Johnson stated Otten Brothers are proposing to construct the greenhouse to maintain quality materials throughout the year. Johnson commented the photographs do not depict the garbage dump that is referenced in the tetter, but indicated a willingness to work with the adjoining property ovmers in an effort to add more screening, noting that Otten Brothers have complied with what was required of them as far as landscaping and screening. Lindquist stated he was not in favor of a retaining wall/loading dock located in Outtot C Chair Smith indicated she would go along with Staffs recommendations. Lindquist noted the light posts located at the Highway 12 entrance must meet a five foot setback from the right-of-way. Joel Walvatne, 710 Dickey Lake Drive, commented he owns the property to the north and in his opinion feels the required landscaping does not meet the original requirements. Lindquist inquired where Walvatne would like the additional screening. Walvatne stated he was promised more trees which have not been planted Johnson remarked Otten Brothers is open to more screening to accommodate the concerni. of the neighbors. Lindquist commented both parties need to be cooperative. Walvatne remarked it was the original intent that the roadway would be used as an additional buffer and nothing be located there. Chair Smith indicated that was the Planning Commission's consensus as well. Schroeder moved, Smith seconded, to approve Application #2404, Otten Brothers Nursery, 2350 West Wayzata Boulevard, per Staffs recommendations as outlined in the August 14,1998 memorandum, and directed Otten Brothers to cooperate with the neighbors in an attempt to provide acceptable screening to both parties. VOTE: Ayes 6, Nays 0. (#12) 2405 GEORGE KALWEIT, 4265 FOREST LAKE DRIVE - VARIANCES. 9:33 p.m. - 9:42 p.m. The Certificate of Mailing and Affidavit of Publication were noted Mr. and Mrs. Kalweit was present. Weinberger commented the Applicants are proposing to reconstruct a deck that was severely damaged by a tree in late spring as a result of a storm. The new proposal is to increase the size of Page 14 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2405 GEORGE KALWEIT, Continued) the three season screen porch from 20' x 8* to 24* x 10’. The Applicants have the option to rebuild what was approved by the City Council previously without obtaining a variance if conditions on the property remain as they were at the time of approval in 1992. Weinberger recommended tabling the matte** to allow the Applicants time to submit an updated survey and new ha'vJi Civer calculations for tne 0-75* lakeshore setback and 7S'-250 ’ lakeshore setback, reflecting alter ing?s on the property. Mrs. Kalweit commented the original decks and screen porch were built before the 0-75' setback regulations went into effect and were grandfathered in. Mrs. Kalweit indicated they are requesting an extension of one foot to the deck. Lindquist indicated the Planning Commission needs to have an updated survey of what is currently existing on the property before any action can be taken on this application. Berg commented the new survey should also include what is being proposed Mrs. Kalweit indicated they have attempted to contact a surveyor but their phone calls were not returned until late afternoon today. There were no public comments. Lindquist moved, Berg seconded, to table Application #2405, George Kalweit, 4265 Forest Lake Drive to allow the Applicants time to submit an updated survey and new hardcover numbers. VOTE: Ayes 6, Nays 0. (#13) #2406 GERALD AND SANDRA ERICKSON HAVING AN INTEREST IN 2683 CASCO POINT ROAD - VARIANCES, 9:43 p.m. - 9:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Larson was present. Weinberger pointed out the name on the survey is incorrect and should read Gerald and Sandra Erickson. Weinberger stated the Applicants are proposing to remove the existing house and detached garage on the property to build a new residence with attached garage. The Applicants wish to keep the existing boat house with stairs along the lakeshore during construction, which requires a variance to allow an accessory structure to remain on the property without a principal structure. The Applicants are requesting 3,975 square feet or 29.5 percent of hardcover in the 75'-250' lakeshore setback and to exceed allowable structural coverage by 42.5 square feet. Staff recommends approval of the variance to allow for an accessory structure to remain on the property without a principal structure. Schroeder inquired why approval of the variance for the boathouse is being recommended. Weinberger stated the boat house is not in need of repair and is an asset to the property. Van Zomeren staled the Applicant called City Offices this afternoon from Madison and indicated she Page 15 ii! ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2406 GERALD ERICKSON, Continued) was in the process of straightening out the name on the survey. Chair Smith indicated she was comfortable with Staffs recommendations. Lindquist stated the proposed new structure could meet all the i equirements for structural coverage and hardcover without the need for variances. Hawn agreed. There were no public comments. Larson indicated the plumbing fixtures in the boat house will be removed by the next meeting, and requ' sted the Planning Commission consider hardcover in excess of 25 percent. Lindquist commented i lO hardcover limit should remain at 25 percent and would vote against any plan requesting hardcover in addition to the 25 percent limit. Chair Smith inoicated the allowable hardcover in the 75-250' setback is 25 percent. Hawn pointed out structural is 15 percent. Larson inquired whether a new plan should be submitted for consideration. Stoddard commented the revised plan could be submitted to the City Council. Schroeder moved, Stoddard seconded, to approve Application #2406, 2683 Casco Point Road, granting of a variance to allow an accessory structure to remain on the property without a principal structure during the construction phase, removal of the existing residence and detached garage, with the newly constructed residence not to exceed 25 percent total hardcover in the 75*-250' setback or 15 percent total structure hardcover. VOTE: Ayes 6, Nays 0. (#14) 2407 LANE KELLY MOORE, 3438 LIVINGSTON AVENUE - VARIANCES, 9:53 p.m. - 9:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Moore were present. Weinberger r^'marked the Applicants are proposing to construct a 16' x 22* garage three feet from the lot line which would require a variance to the side yard setback for an accessory structure where the required minimum is 10 feet. The proposed location is necessary in order for the Applicants to meet the total hardcover limit of 35 percent. Staff recommends approval of the application. Stoddard inquired whether the Applicants still intended to remove a planter in order to reduce the hardcover. Mr. Moore indicated yes, they were. Stoddard indicated he would not be opposed to leaving the planter there. Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2407 LANE MOORE. Continued) Lindquist noted the Applicants were just requesting a variance to the side yard setback and not to hardcover. Mrs. Moore stated they will be removing an existing shed and share the driveway with the neighbor to the front. Weinberger indicated the size of the planter is 88 square feet. There were no public comments. Stoddard moved, Schroeder seconded, to approve Application #2407,3438 Livingston Avenue, the granting of a variance to the side yard setback requirements to allow constmction of a 16* X 22 ’ garage located three feet from the side lot line and to permit the 88 square foot planter currently existing on the property. VOTE: Ayes 6, Nays 0, (#15) #2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE, 9:58 p.m. - 10:02 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Tuttle were present. Weinberger remarked the Applicants are proposing to construct a 12 ’ x 24 ’ shed to provide winter storage for lawn furniture and other equipment. The property contains a wetland located at the back portion of the property which restricts the Applicants from building on that part of the lot. The house is constructed without a basement due to the high water level which leaves the residence without adequate storage on the property. Weinberger stated present hardcover in the 75'-250’ lakeshore setback is 45.6 percent and this application proposes to increase hardcover to 46.4 percent. Staff recommends approval based on the existing hardship. There were no public comments. Chair Smith inquired why the Applicants didn't add on to the existing garage. Mrs. Tuttle indicated they had the understanding they were prohibited from doing so. SL.ddard moved, Hawn seconded, to approve Application #2409,1225 Shoreline Drive, granting of a variance to hardcover in the 75 ’-250' lakeshore setback to allow the construction of a 12' x 14' shed. VoTE: Ayes 6, Nays 0. ! (#16) #2410 PETER BOYNTON, 1973 EAGERNESS POINT ROAD - VARIANCES, 10:03 p.m, 10:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Boynton was present. Page 17 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 (#2410 PETER BOYNTON, Continued) Van Zomeren stated the Applicants are requesting variances for street, hardcover and average lakeshore setback. A conditional use permit is also required because the Applicant is proposing to significantly change the grade in the 0-75' setback, which was originally not requested by the Applicant nor included in the legal notification. There are multiple issues with this application that still need to be addressed before any recommendation can be made by City Staff. Boynton stated originally the house was built as a cottage back in 1920, has a hand dug basement, and needs to be torn down. The request for variances to setback are being sought because the house cannot be built without them. Boynton requested the Planning Commission give guidance on what hardcover and setbacks would be acceptable. Schroeder inquired if the house was torn down and a new structure built, how would the application be handled. Van Zomeren stated if the nouse is reconstructed, the lot would be treated as a vacant lot and would need to meet all the equi/ements for that lot. Schroeder suggested the Applicant design a house that conforms to all the variances. Boynton stated in his opinion the land is unbuildable without variances. Stoddard stated he would like a footprint for the house that doesn't call for variances. Boynton commented he could possibly utilize the existing foundation, noting in 1978 an addition to the house was constructed with a good foundation, which comprises approximately one-third of the foundatir-.i. Gaffron stated once a house is torn down, any grandfather rights are forfeited. Chair Smith questioned whether the Pls/' .,ing Commission could act on this application ct the present time. Van Zomeren remarked typically the Planning Commission does not approve of grading in the 0-75' setback with no additional structure in the 0-75' setback. Chair Smith asked for public comment on this application. Cathy Lee, 1965 Fagerness Point Road, stated she was under the impression the house has to be rnoved back, noting she would prefer the house on the existing footprint to keep the house in line with the rest of the houses on the road. Van Zomeren commented Staff needs more information on the adjoining properties as well as a new survey which outlines the proposed structure and hardcover. Lindquist suggested the Applicant try to limit the house to 1,500 square feet and 25 percent total hardcover. Cathy Lee remarked the area is on a pennisula and moving the house back would not affect drainage into the lake. Lindquist moved, Smith seconded, to table Application #2410,1373 Fagerness Point Road, to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. Page 18 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 ZONING AMENDMENT (#17) CITY OF ORONO. INTERIM USE ORDINANCE, ZONING CODE AMENDMENT. RE: THE ESTABLISHMENT OF STANDARDS FOR TEMPORARY USES Chair Smith stated the Planning Commission is reviewing a proposed interim use ordinance that was discussed last week in a work session. Gaffron commented a public hearing has been scheduled on this ordinance. After a discussion with Tom Barrett, City Attorney, he recommended the ordinance be redrafted to include as a requirement a list of possible interim uses to respond to an unlimited range of potentially unfriendly uses. Hawn suggested the interim use ordinance be confined to a specific geographical area. Gaffron reported Barrett thought that was a good idea, noting that development of the Highway 12 corridor has brought this ordinance about. Chair Smith opened the matter up for public comment. Schroeder questioned the need for such an ordinance and whether the property owner could conduct an interim use on his property through some other means. Gaffron stated any interim use needs to go through the condi’ional use permit process. Chair Smith questioned whether the need to develop a list was necessary. Lindquist commented he could live with the ordinance as presently drafted without a list. Hawn stated she would like the ordinance to be confined to a specific geographical area to limit the irnpact on residential areas, noting the City Council has the ability to say yes or no to the interim use. Lindquist suggested limiting it to the Highway 12 corridor. Gaffron remarked he will redraft the proposed interim use ordinance without a list and limit it to the Highway 12 corridor. Lindquist moved, Smith seconded, to accept the Interim Use Ordinance subject to the incorporation of language limiting interim uses to the Highway 12 industrial corridor. VOTE; Ayes 6, Nays 0. (#18) CITY OF ORONO. INDUSTRIAL DISTRICT, ZONING CODE AMENDMENT, TO REVISE THE USE LIST Chair Smith noted this item was also discussed at the August 14th work session where it was decided not to pursue revision of the use list. Mayor Jabbour had indicated there was not a consensus among the City Council on how to proceed on this matter. Lindquist inquired when the moratorium expires. Van Zomeren stated the moratorium expires around September 13. Page 19 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17,1998 -II (CITY OF ORONO. INDUSTRIAL DISTRICT, Continued) Lindquist stated he was not ready to act on the zoning code antendment tonight. Stoddard recommended tabling the item. Chair Smith asked for public comments. Chuck, Representative of Flamingo Wire, stated he has gone through the proposed changes. Chair Smith indicated the City is interested in helping out businesses in that area and should meet jointly with the City Council. Hawn moved, Lindquist seconded, to table the item to a joint work session with the City Administrator, City Staff, City Council, and Planning Commission. VOTE: Ayes 6, Nays 0. PLANNING COMMISSION COMMENTS (#19) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JULY 27,1998 AND AUGUST 10,1998 Lindquist stated he had nothing to report from the July 27,1998 meeting. Hawn stated she had nothing to report from the August 10.1998 meeting. (#20) OTHER ISSUES FOR DISCUSSION None (#21) PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 20,1998 Lindquist moved, Schroeder seconded, to approve the minutes of the July 20,1998 Planning Commission meeting as submitted. VOTE: Ayes 6, Nays 0. (#22) SELECTION OF REPRESENTATIVES OF CITY COUNCIL MEETINGS ON AUGUST 24, 1998 AND SEPTEMBER 14.1998 August 24 - Smith September 14 - Berg ADJOURNMENT Stoddard moved, Lindquist seconded, to adjourn at 11:22 p.m. VOTE: Ayes 6, Nays 0. ■1 Sandra Smith. Chair Person Page 20 L* mH W Jt iT^ iTW iJ [•J iM I Kl«l ij il W« 1C«rti*pa Wf ■iiY'.Wf tnrt¥«rtriT*] rt>4 n LtlCC«XtllUiI«J iiTCtTi ty.i.'Wt iTXlXOOJi •iiirt [•lliTElOWiItMtjiTiqW i\i IWf’J I IXl! I! lOl^XnTM fTTtiVX^ Wa |P1 r«v/iiv*ii iiu iWthXltMhTiTtiCt] •i»x»] I w w ii ni’JiXi* tllkXIil rtinn •Ml* iT«xwimiuwx^ I w