HomeMy WebLinkAbout08-26-1991 Council PacketPlanninq Corriniss ion
PUBLIC ATTENDANCE
CITY OF ORONO .MEETING DATE
PLEASE FILL OUT THE INFORMATION REQLT ETEL BELOW FOR OUR CITY RECORDS.
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AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 26, 1991, 7:00 P.M
(*)Asterisk items ace considered to be routine items to be
enacted upon by one motion by tne Cit> Council under the
Consent Item* on ■^.he agenda. Discussion will be held upon
request. Memos regarding each of the Agenda items are
available in the Public Packet which may beC^^ti^ined upon
request from the Recorder.
6:45 P.H. HRA MEETING
ROLL CALL
OATH OP OFFICE - Stephen X. Sullivan - Police Chief
City Administrator Employment
I no a 1
1.
2. 7:ff P.H. PUBLIC HEARING
Application for Off Sale Non-Intoxicating Malt Liquor - 2160
Wayzata Boulevard
3.7:B5 P.H. PUBLIC HEARIHG
Mocatocium Shoreland Regulations - Ordinance
4. CONSENT AGENDA*
APPROVAL OF HIMUTES
* 5. Regular Meeting of August 12, 1991
PARK COHHI88ION COHHEMTS - Richard Flint
6. Joint Trail - Hennepin County/City of Orono
PUBLIC COHHIHT8 - (Limit 5 Mioates Per Person)
80HING AOHIHISTRATOR'8 REPORT
**APPLICAHT8** Immediately after 'Se Council has reviewed
yoor application sign the three (3)
original resolutions at the Recorder's desk.
Applicants need not execute resolutions for
subdivisions, vacations and denials.
8.
9.
10.
11.
#1366 Loren Butterfield, 3925 Watertown Road
A. Request to Extend Effective Period of Preliminary
Subdivision Approval - Resolution
B. Final Plat Approval - Resolution
Big Island Inc. - Record Lots 12 & 19
#1606 and # 1660 '» Conditional Use Pe r m i t / V a r i a nee -
Resolution
#1659 • Vacation of Public Right of Way - Resolution
#1665 Thomas McCarthy, 1424 Baldur Park Road - Variance -
Resolution
11666 Michael Hilbelink, 2180 Prospect Avenue > renewal
Variance - Resolution
TMporary Sign Ordinance
BH0IHBBR*8 RIPOST
12. McCulley Road Bid Award
13. Stubbs Bay Feasibility study - To Be Presented 8/26/91
14. Change Order #3 - Well #3
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AGBNDA FOR COONCIL MEETING SET FOR MONDAY, AUGUST 26, 1991, 7;f9 P.M.HATOR/COUNCIL REPORTCITY ADMIMISTRATOR'S REPORT15. 1992 Budget and PUDlic Hearing Dates - Proposed Maximum Tax
Levy - Resolution
City Facilities
Recycling Resolution Mu 111-Dwel11ng
EmDlpyment Secretary/Receptionist
TdfbpOrary Salary Adjustment - Jamie Bosma
Appointments Resolution
16.
17.
18.
19.
20.
CITY ATTORNEY'S REPORT
LICENSES (21*)
•ILLS (22*)
AOJOORNHBNT
DSCOWING I88DES AND EVENTS
9k/iZ - Lake Use Committee 7:00 p.m. Council Chamoers
fi/24 - Saturday - Public Information Meeting & Tour 9 a.m.-ll a.m.
88/26 • Council Meeting 7:00 p.m.
88/27 - Facilities Design Committee 5:00 p.m. Room 107L Orono
Education Link
88/28 - 7*00 p.m. Public Heating - Facilities - Council Chambers
89/02 - Monday Holid2y - Labor Day
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from:
DATS:
Mayor Peterson and CounciImembers
John R. Jerhardson, Acting City Administrator^
August 22. 1991
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*. rtf rifv Administrator - Ron Moorse SOBJBCTr Appointment of City
?St«??eis'o£ tVVVouf
position.pOSl^iUii*
contract.
hv • to confirm the
PROPOSED MOTION - „ ^''^Jlorse'Ts CUy AdministTitor for the City
appointment of Mr. Ron M « 1991 as per the attachedof orono effective September 9, I9'^i
contract. Ayes Nays
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Sal he & AssociaU's. Inc.
> • t f n M
August 19,1991
Mr. Ronald J. Moorse
10 Golden Lake Road
Circle Pines, MN 55014
Dear Ron:
Congratulations on being offered the position of City Administrator by the Orono City
Council. The decision made by the council was an unanimous one and I believe you can
look forward to a good working relationship with the City, the City Council, the
residents and city staff. The following will serve to confirm our conversation and our
understanding of your employment with the City of Orono.
Start Date, Terms and Conditions;
You will begin work with the City of Orono on Monday, September 9, 1991.
Additionally, the City Council has asked that you attend a Design Committee meeting on
Tuesday, August 20, 1991 at 3:30 PM, at which time they are going to meet tr discuss the
design of the new public works, city hall, police facility. In addition there is a public
hearing scheduled for August 28, 1991. The Council would like you to participate in that
meeting also. Please coordinate this with John Gerhardson, Acting City administrator,
and Barbara Peterson, Mayor.
Salary:
You will begin at an annual compensation of $53,000.00. You will be given a
performance evaluation at the end of six months or no later than March 1, 1992. At the
end of your first full year of service to the city, you will receive a perfor.Tiance
evaluation, and subject to a satisfactory performance review, you will receive an increase
in salary. Thereafter you will receive performance reviews in September of each year
and your salarv will be adjusted accordingly.
Insurance:
The City currently offers three HMO medical plans and at the present time pays $231.00
per month towards individual and family coverage. Your contribution toward family
coverage will depend upon the plan you select. As part of this plan the City provides
$S,000.00 life insurance. You have the option to purchase additional life insurance
subject to policy limitations.
Transportation:
You will receive $200 00 per month car allowance The Council has agreed to consider
the adequacy of this amount when considering the 1992 budget.
M.;
SUf^T RNDO€ BUSINESS PARK • 5821 CEDAR iAl^^ ROAD • MtNNF AP'A iF. «'A SM '6 • 6'2 546 2’0O • rA* 6' ,’'546 69 V)
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Vacation, Holidays, Sick Leave:
You will receive the same amount of holidays as other city employees. Upon date of
employment you will be allowed to accumulate two weeks of vacation, thereafter you
will accumulate one day per month in accordance with the City schedule. It is
understood that you will not take any vacation within the first six months of your
employment. If a special situation should occur within this period of time you are
encouraged to request from the Council some leave time. Upon arriving at the City you
will receive a 30 day sick-leave bank and you will accumulate one day per month against
the 30 day bank. Thereafter you will continue to accumulate one day per month up to
the maximum allowed within City policy.
Pension. Retirement
You will continue participation in the Minnesota Public Employees Retirement
Association. The City has available the ICMA-RC deferred compensation plan and you
are eligible to participate in that plan.
Conferences, Training, Education:
Per the budget process the city provides for attendance at the International City
Management Association Conference and the State City Management Conference. Other
seminars, programs, educational leaves, and dues/subscriptions are part of the budget
process and subject to review by the City Council.
Termination, Severance:
You will serve at the pleasures of the City Council and should the City Council decide to
terminate your services you will be paid a minimum of sixty (60) days severance pay.
However, this severance provision will not apply if you should be convicted of a felony,
or be guilty of malfeasance or non-feasance in office. Similarly, if you should decide to
leave the city service you are requested to give the City Council a six ‘'0) day notice.
Once again, congratulations on your appointment v. '.'ity Administrator for i... ^. > >f
Orono. I am confident that you have a bright fu , e ahead of you and that your
relationship with the council, staff and the community will be beneficial one to all.
Very truly yours.
Ifm Brimeyer, V.P.
Partner
cc John Gerhardson
Barbara Peterson
Conditions Accepted.
Ron Moorsc
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NOfTlCC OF HEARNO CnVOFOHONO
Affidavit of Publication
hotce i* r*'' ?®,I2
o* ^
State of Minnesota County of Hennepin
is«-ss
g3TS«S
^/7>
Bill Holm oeing duly sworn, on oath says inai he is
an authorized agent and employee ol tne publisher
of the newspaper known as THE LAKER Mound. Mm
86323.
OMd: AuQuH 6.1901
nesota. and has full knowledge of the ’acts which are
tated below
Ctfy 0«fH
c,, ^ /.A ewspaper has complied A»th an iri5? repuire-
/pOTent^l'^nstituting qualifications as ~ qualified
(j Newspaper as provided by Minnesota Statute
(Pubtlahad « Th« LiMr ind Ptoo««» Auo
11#M
12.
</ 331A.02. 331A07. and other applicable lav/s as
**OS(Tiended
rm
I
AUC 1 9 1991
0 ) The printed.
' I
JUJJL- T\^<LjL
which IS attached was cut from the columns of said
newspaper, and was printed and published once each
^(yeeK for___________________successive weeks
It was first published Monday
the day of /' <Lt- l9lZ/.
and was thereafter printed' and published every
Monday, to and including Monday.
the _ day of
thonzed ^gent
Subscribed and sworn to me on this
/i day oi_L<
fl._Artli.
Notary Public
Rate Information
(11 LOwMl »>y commwcul u«*r» »of comoar*
wonw $10 40p*r tficnMO 40 pm tnctt
(2) MMNwn raM OlMOd Cnr twr ^
(3) R»t* actuOty chargtv »0f abov# maMr S9 48 par incr*
Each addwionai auccaaaiva •••a S3 66 par
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TO:
PROM:
Mayor and City Council
/7 \John R. Gerhardson, Acting City Adm i n i s t rat or y''
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DATS:August 20, 1991
SOBJECT: Off Sale Non- Intoxicating Malt Liquor License
2160 Wayzata Boulevard
Attachment:A. Application by William W. Wear
B. Notice of Public Hearing
ISSUE - Determine if the Council desires to issue a new license
Tor off sale non-intoxicating malt liquor to William Wear at 2160
Wayzata Boulevard.
INTRODUCTION - This type of license is allowed in the zoning code
ail Ts not otherwise prohibited in the liquor ordinance.
Altnough the sale of non-intoxicating malt liquor in a
convenience/service station is at times of concern to communites
as it relates to the availability of non-intoxicating malt liquor
(which can impare those who consume it) to persons operating
motor vehicles.
In a review in 1987, several surrounding communities stated they
do issue licenses to gas station/convenience stores and generally
do not consider the close association of gas and 3.2 be>r to be a
significant problem. Please note that O'Sullivans in the Navarre
area is a convenience/service station licensed to sell non
intoxicating malt liquor off sale.
The background investigation conducted by the police department
has not uncovered any disqualifications on the applicant.
recommendations - It is recommended tnat the Council conduct the
pub 1ic hearing and after consideration of any comments by the
public approve the off sale nor-intoxicating malt liquor license
for 2160 Wayzata Boulevard as the applicar. currently meets the
criteria according to the background invest-igant ion.
PROPOSED MOTION - Moved b” , seconded by , to approve an off
sale non-intoxicating raal t T i quor 1 i cense”To r William W. Wear,
2160 Wayzata Boulevard for the remainder of 1991. Ayes , Nays
Intaro^fic* M«mo
Dmtmt July 29, 1991
Tai Acting City Administrator John Qsrhardaon
Orono City Council
Promt Acting Chim-f o-f Polica Gary Chsswick
I
STATE OF MLVNESOTA
Combination Application for Retailer’s (Od-sale)
Non-lntoxicatingr Malt Liquor License
To tha j c> A/ n -
County •'f
s«tlk«rlir Iraaatri l«ktr> i*i21«s«)
/i/ n e^^unty of
of MlnnoooUk^ horohy nuiko application for a Retailer ^
Liquor lAoouoo to sell iueh Afali liquor unJor and purtuanl to
_________________ of tho City, imU u ^O i or
^ ______________ StaU
(Off eaU) Xon-intoxloatin^ Halt
an ordinancs (rooolution) patood by oity.
oiUafo oouneil, eountp board of----A ---------------------------------------------------. ^ / -
and CKapUr 340. Mtnnssola StatuU§ 1945, as amended, providing for Uosnsing and regulating tho
talo of Hon-intoxioating mali liquor.
Difrrintf pas4 fUfS years, my rtsidencs kas been as followsDuringt . . , .
^~7 C?JP£>/Vo /^n f\i ~ Zg, /. -g- ------A/u/y------------
t was ■»*?/!■ ^AAP/^
/V - /iAlAlAI£ia-Lt
SUI»«« C««a«V
f Am a (haU im) (mmtmnmtimM) eitUen of tho UntUd StaUo.
/ (wifo'o) (huohumUU I ntimt Alui ilddrtU «< J* (i£i^fl fl fit
^ Aom<lLa-Ac.a-------anh -------------
lam proprietor.
max j.n the stats of.
dioes is <nlh>xi trrMim Cl TY jf or<m}
Uosnm is /r-* ------(sirtsi) fbighuxiyj located c CfTlCl
___________________________________________________________* 0! 4f^ iiV.M
13111000CO
2i.00
Ths license will be in conn ji—JlXs£L^
UTuJf
M
»
Drac aswv. C«i * lUsMumet. SSmWL CM
which has been in operation.
Umm%Sm
The eetabliehment it located on the
Ths bustns4$ prtmiMSS ar$ ou'n«d by ----i^
uLam
m:is8io cool Ml 0^ft^r
-Jim „m
The taxes on the property are not deiintjurnt
ycfl'/ am engaged In the retail sale of intoxicating liquor
Jhad an application for license rejeeted as follows.
modi
I
/ have ,,. ,^gi 7*
/ kmsfS sssmr hssn ocniriolgiii ef a felony nor of violating any 3^ational or eiais liquor law or loml
relating is ike snasusfaeture, sale or transportaUen, or possession for sals or transporiation ef
OassMlng or gesssthUng dssieee ssiU ssoi be permilUd on the licensed premises
i asse ihs smssr of ihs leaseksldf fursdius% fLiiuree. and equipment in the promisee for whUk ths
XaX.e.--------------------------------------------------------------
I here me ImImH— et
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jssmee ei ysssem, iMMtef • Waak, far rsieresste, vUli akem 1 rdmiimm
k«« la tiM aala ei kallac U^vor emS vtU keee e WeSmrek OOTpatlaaal Taa
aaaara
Um uredsk
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lat ikte Itoaaaiw Hf WeOesel Taa SUaip taealH la Na.
Iala«
maitaaal t^te
raiaflat ta tka tala et aaft 4riaka tee
tkm iafialtara et mf
km inisgtemm tide lltaaaa.
IT** *?^?****<^y **-^'-'
ll aa4 aalaara end sriii fraatf fanall
II iaaai ta kava rtaiata^ tka proatataai et tka eeSk (faaaMaai
ara traa aad eorrart ta
crZrb '61
Ikat tka teeegetm^eism et Bf kmmwteSge med
Tf-rf
Xm /¥J^ AMjdLLs.
l'#» I BH* • MHM Sm_«f Om DsNaU a**tM a*4 mm a#
SSOmrnmm la» mem em tta«MS mm W
NOfnKOFHMfmO cnv 0> OMONO „
NOTCt to NrMy gtwi •wMtw Orono
Cliy Otunel ttol f«W • puMe hMf<ng m tw
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AUG 1 9 3 991
Aflidavil of ^jy^^(exjr D
State of Mir.nesota County ot Hennep n
Bill Holm being duly sworn on oath says that he is
an aithonzed agent and employee of the publisher
of the newspaper known as THE LAKER Mound Mm
nesota and has full knowledge of the facts which ,ve
stated below
A 1 The n wspaper has complied wdh all the require
mentf constituting qualifications as a qualified
newspaper as provided by Minnesota Statute
331^ 02. 331A07. and other applicable laws as
aniei''''r*d
8 ) The printed
* »
which IS attached was cut from the columns of said
newspaper and was printed and published once each
week tot__________\L_________successive week.?
It was first published Monday
the day o'f 192/.f-ila andand was thereafter printed" and published every
Monday, to and including Monday.
the day of
II^^TTA a. STRAUS
IgQTAirr fUitC
CARVEW COUNTV
yitoitaiSSCJW
ithonzed Agent
Subs^/ibed and swofn to fr>€ on this
Rata Ifitorffiation
(1 \ Lowest cimmlm '^•i# by cammmck§t uM<t ♦or
M tpaco *10 40 per incb
(2) rM aiewed bv ♦or ibove setter iiO eoper <r>cf>
(3) Rett ectutiy ctiergtd ♦or abe^ nnatitf 15 46 par
Eacb eddHiorva loccetw# «rtee S3 66 per *rKf»
CITY OF OnONO • NOTICe Lak* MnrwionKa and aaiociaiad bay*
CMncH
RmF on Monioy. Au«un M,
im 017M om kr tw oimmoo oI adDoOng
oroNMolaeMn
«iM haw«i wmmnmmn ww hava net yet
tta City
■pmdnoi^ ana Mar. IMw Na period o«
H«a dia City’a Sharaland Committee.
WaatilHi Cawaiiaalan and Council will
a aaafwihanalii
aitaraland lulatlono mat ao«orri
n t fiOO loot of aN lakea and
doalMdad airaama wdMn the City. The
MMnia ordatanaa wai iomim ate to^ne
’All properttet within (no City of Ororo
located withm 300 leet ol the following
oibutarie*:
Paintert Cteeli (Section 30 3i Ti i8N
R23W)
*Siubba Say Green* (Section* 32. 33
T110N R23Wf and Secwna 4. S r 117N R23 W)
Tiiaf?Ra3n*^* iSecoom 27, 34
*^^afowHoly Name Creek* Section*
20.27,36 TliaNR23W)
Lorte Lake Creek 'Section* 34 35 T
118N A2m and Secdorta 3.10 r 117N R23WI
*Foreai Lake Creek* (Section* e. 7
Tt17NR23W)
Affidavit of Publication
State of Minnesota County of Hennepin
Bill Holm, being duly sworn on oath says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER Mound Min
nesota. and has full knowledge of the tacts which are
stated below
AM prwptniM wmn Pit Oty of Orono
IjOOO IttI of tho Ordintry I4gh
UktKtMnt
OMmIwmm
Alt poftont wishing to bt heard w»ii
■ppotr it Mmo. Tb# mooting starts at 7 00
p.m. Wrinin commonti oro aoiiciiod A plan is
•voiloPIo for rtviow in iho City offices that
dop^ tfio lands that art to be restricted by
Ms ir^sdm ordinanos
iMlifiLlAi
mrnmjfUki
Tiwitgf
FforSKl
City of Orono
ByiQtyCoiral
A ) The newspaper has complied with all the require
ments constituting qualifications as a qualified
newspaper, as p»'ovided by Minnesota Statute
331A 02. 331A07 and other applicable laws, as
amended
JasnneA Mabusch.
Building A Zorvng Admintstrator
rll'.V '•
(Pub».sbod m Tbs Laksr and Pioneer Aug
andi?. tMt)
' A -B ) The prmted /!\ . p /ll n iX
LJ. c-r '
which IS attached was cut from the columns of said
newspaper and was orinled and publisheo once each
week for____________________successive weeks
0 C3TY(3F
CRCNO
n%ic;(5QVi7!J It was first published Monday
the d^y of ^.L ^ ■.<- c ■t 19^/
AUG 2 C 1901
and was thereafter printed and published every
Monday, to and including Monday
the day 0 ■'■J,t -'/'C't ^ t
jllulhorized Agent
c-X ^ A SlrtAUY
i i *\Amv RuSlC
H couN'>
ccrfM €*p»wtS >' •
Subscribed arnl sworn to me on this
. day 0*__k;1^.
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Notarv rubliiNotary >ublic
Rate information
(1« Lowest classified rate pa»d ty commercial users fcr conH^ars*
bte space * 10 sO per *nch
■ 2) Mfejiimum rote sOowed by <aw for above miner $10 40 per men
<3) Ra^e actusMy cbsrged for sDove matter S6 49 pm tiKb
Each addiifcnai success:ve wees S3 66 per fcmh
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TO*Mayor Peterson and City Council
Acting City Administrator Gerhardson
82291.1 ^5.
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Date*
Subject *
Jeanne A. Mabusth, Building & Zoning Administrator
August 22, 1991
Interim Ordinance - Shoreland Regulations
\
List of Bxhlbits
A - Interim Ordinance
B - Legal Notice Defining Shoreland Areas
The enclosed ordinance is in draft form and will be
finalized as soon as the Lake Use Committee has reviewed and made
coanent at their Thursday, August 22nd meeting. The ordinance in
ita present form has not excluded the City of Long Lake's
comprehensive subdivision application as originally requested by
the Lake Use Cosunittee. The final draft presented for Council's
action will be so amended. Members of the Lake Use Committee
will respond to any questions members o.' the public may have
concerning the temporary ordinance.
Isv
ordinance no
AN ORDINANCE ESTABLISH.NOM
th® city of orono ordainst
Th« Municip.l coae of Che City of Otono 1^ emended by
adding Ordinance No. ------------*
SECTIOH 1. ^ the p^entlel 0?
thet the City i» J'!!!?"ijLn H^lend within 1,000 feet of lehes
epplicitioni *0' The City i» *n the process
Sf itudying end "cit? §”nc?l finds that there is an
SSSJwhelminrpcobabtlity J{j*^gj5j'^5 “li*n*2lio*flnda'*that"sSch
SSeSKJ «Snorb:'2ccomplish.d until further study has been
complotnd •«<* • hearing held.
A
since enactment of •T'jJ^SrSSbSiiisiSS'Sruid, the
modify eiistinp ?i?2 lUterim period would be
processinp of proposed standard amendments
detriniental to the ^he aonino enabling act,
and contrary to at eeg The City Council further
Minneeota ?^pS?at, aSd unjust to allowfinde that it would be unwise, improy
Individual developaient to , .dvantaoe to a few to the
detximent of the adopt an Interim ordinance
^c;;rn;‘?5’^Mt"n2e:5irl5i?”e‘‘’s*4.5,35S, aubd. a.
rnlons nn
.. nnBl**’**'*"®*' "® '*“^4*iS^oteHmlnary approval! shall be
Uri;» .1 ..wti,. .1 «*• •”« “
any aubeequent applicatlona.
•terioii 3. p^|*jo*the'rest*ietlons"of^thla *
SJSlSaw;‘iriil we‘uid contained within the area described in
the attached notice.
. pJS ’o5°;f^ne«»nleir^r?l?n;u.tl dHe^ines
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“ditlon.l period of eighteen month..
X?5iS2S®l£ thS%ltJ’'coSncll^ind.*l£Ser*
verience f*ct»*'th.t a proposal Is not contraryesreCul review of all the facts tn.c a f compatible
5.'3.f!2i.“S 2.? p5S£“ •'•■' •cff • hardship for the applicant.
pstt of this ordinance section, provision, or
taction, provision, or P*il' i,.teunder shall be held Invalid, It SJIJ^‘!;;rSlf2ctnSr«S:neSnrProvision, or part.
KCTIO* 7. f»«-"<ve °“S. This Ordinance 1. effective
upon adoption by the City Council.
the
end
Adopted by the City council ®‘ °™s
cJy of __ _ _, 1®»9.
. nays.
Mayor
ATTEST:
City Clerk City Clerk
TJB579
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CITY OF ORONO - NOTICEThe Orono City Council will hold a public hearing in the Council Chambers
at 1275 South Brown Road on Monday, August 26, 1991 at 7:05 p.m. for the
purpose of adopting an interim ordinance that will prohibit all action on
iubdlvision applications that have not yet received preliminary approval
from the City. The interim ordinance shall be in effect for approximately
one year. During this period of time the City's Shoreland Committee,
Planning Commission and Council will consider a comprehensive amendment of
the shoreland regulations that govern development within 1,000 feet of all
lakes and designated streams within the City. The interim ordinance will
involve the following lands within the City:
All properties within the City of Orono located within 1,000 feet of
the Ordinary High Water Mark of the following lakes:
Lake Katrina
Lake Classen
Dickeys Lake
Wolsfeld Lake
Long Lake
Lydiard Lake
Mooney Lake
Hadley Lake
Tanager Lake
French Lake
Forest Lake
Lake Minnetonka and associated bays
and
All properties within the City of Orono located within 300 feet of the
following tributaries:
Painters Creek (Section 30,31 T118N R23W)
"Stubbs Bay Creek" (Sections 32,33 T118N R23W and Sections 4,5
T117M R23W)
"Dickey Lake Creek" (Sections 27,34 T118N R23W)
"Wolsfeld/Holy Name Creek" (Sections 26,27,35 T118N R23W)
Long Lake Creek (Sections 34,35 T118N R23W and Sections 3,10
T117M R23W)
"Forest Lake Creek" (Sections 6,7 T117N R23W)
All persons wishing to be heard will appear at this time. The meeting
starts at 7j00 p.si* Written comments are solicited. A plan is available
for review in the City offices that depicts the lands that are to be
restricted by this interim ordinance.
City of Orono
Byt' City Council
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JeannW A. Mabusth, Building t Zoning Administrator
To be published the weeks of August 5 and 15, 1991.
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MINUTES OF THE REGULAR ORONO CUuNLiu mc,=.ix.'jo - Muvaui i xi. x'j'jx%
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The Council met on the above date with the foil
present: Mayor Barbara Peterson. Counci Ineinber
Goetten, Edward Callahan. Gabriel Jabbour and Mary
following represented the City staff: Acting City Admini
John Gerhardson, Building & Zoning Administrator Jeanne Mab
Assistant Planning A Zoning Administrator Michael Gaffr
Finance Director Tom Kuehn. City Attorney Tom Parrett. City
Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson
called the meeting to order at 7:00 p.m.
(flat
^^tor
abiim.
a f f ron.
Mayor Peterson Introduced the now Chief of Police. Mr.
Stephen Sullivan. Mr. Sullivan will officially start his
position on August 19. 1991.
(#1) CONSENT AGENDA
Counc1Imember Goetten requested that Items 3 and 4 be
removed from the consent agenda.
Counc1Imember Callahan requested that Item 20 be removed.
Acting City Administrator Gerhardson requested that Item 26
be removed.
It was moved by Goetten, seconded by Butler to approve the
Corsent Agenda, with the exception of item numbers 3, 4, 20, and
26 which were to be discussed In the sequence shown on the
agenda. Ayes 5, nays 0.
(#2*) APPROVAL OF MINUTES
It was moved by Goetten, seconded by Butler to approve the
minutes of the regular meeting of the Council held on June 22,
1991. Ayes 5, nays 0.
(#3) APPROVAL OF MINUTES
Counc1Imember Goetten questioned the adjusted compensation
for the Acting Administrator. She felt that what was approved
was a temporary adjustment during the Interim that the City Is
seeking to hire a new City Administrator.
Butler stated that her understanding was that It was to be a
long-term adjustment because of the position of stand-in Is an
on-going position. Mayer Peterson also understood the same thing.
Jabbour understood the adjustment was to be readjusted after
the hiring of the new administrator.
Callahan understood the adjustment was to remain at the
higher rate.
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MINUTES Or TnE HEOUi-AH OKUNU OOUNUlu Mtci iHb ~ Muuui. i l^'^x
(#3) APPROVAL OF MINUTES - CQ-»t.
Gsrhardson understood tne adjustment would run through tno
training period, during which he would be responsible for helping
the new administrator. After that period It would be re-
evaluated.
It was moved by Goetten, seconded by Jabbour, to approve tne
minutes of the Special meeting of the Council held on July
1991. Ayes 5. nays 0.
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(#4) APPROVAL OF MINUTES
Goetten felt the minutes should reflect that City staff
would also be assisting Gabriel Jabbour and Maureen Bellows with
the review of the Reguest for Proposals for construction manager.
Mayor Peterson agreed that the minutes should be changed to
reflect this.
It was moved by Goetten. seconded by Jabbour. to approve the
minutes of the special meeting of the Council held on July 30,
1991 with the proposed amendment. Ayes 5, nays 0.
(#5) ORONO SEWER SITE/PLANNING ASSISTANCE
Mr. Vongries, Park Commission member was present to explain
the Park Commission's position on this matter. He noted that the
City Council had received a letter from Mr. Flint, Chairman of
the Park Commission, which summarizes their progress with respect
to the City properties, in particular the sewer pond property.
Vongries noted that Mr. Shardlow of Dahlgren Shardlow & Uban
was In attendance at the last meeting to offer any assistance the
Commission had in planning this property. He has submitted a
proposal for $950 for his help In this planning. vongries
requested the Council authorize the expenditure of the $950 for
the planning services.
Gerhardson noted that the money cculd come from the Park
Dedication Fund.
Mayor Peterson felt that it would be more appropriate than
taking it from the General Fund.
Callahan noted that the City does own the property.
Park Commission, and therefore the Commission should
purchase the property from the City.
not the
in fact
Vongries noted that the Park Commission had not looked at
purchasing the property, and this may Indeed change their minds
on what to do with this area.
Jabbour noted that a more comprohensivo plan is needed to
determine what is going to be done with the property.
minutes Of THE HEviULMrt UrtUiNU wwwi'<w*w .144..-iw I « » I
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(«S) ORONO 8EW6R 8XTI/PLANNIN0 ASSISTANCE - CPnt.
Mayor Petersen clarified that a nelghoorhcod neeting would
also be held to discuss the intent of the property at tno Crystal
Bay site.
Brad Peterson of 2160 Shevlin Drive explained that he has
been attending the Park Cemmission meetings and felt that
spending the money on the planning Is wasteful at this time. He
also noted the sketches which had been drafted by staff which
showed ossible lot development and felt that these wore
completely Inaccurate as they encroached upon DNR protected
waters.
Candace Rowlette. Planning Comm1ss'‘on Representative, asked
whether the Planning Commission should be involved with this
aspect of planning for this property.
Goetten also questioned whether the DMR could perhaps help
by establishing the ordinary high water mark.
Vongries noted the public had been present at the last two
meetings with Input on this matter. He also noted that there was
a division of opinion on this matter within the Commission. He
also noted that the Commission would have to re-evaluate the
desire to retain this land as a park if It has to be purchased.
It was moved by Mayor Peterson. seconded by Goetten. to
table authorizatIon of expenditure of monies for planning for the
Orono sewer property unti1 such time that the Park Commission has
had a chance to re-evaluate the situation. Ayes 5, nays 0.
(#26) SEWER POND EVALUATION
Brad “eterson of 2160 Shevlin Drive passed out information
on this property. He explained that the City Is In the process
of applying for a permit to restore the pond elevation. Me would
like It to be noted on the permit that the pond be restored to a
minimum depth of 3-4'. Mr. Peterson reviewed the pond area with
Dave Olfeld of the DNR and his recommendation is 3-4*.
Tom Barrett noted that It may be haru to change the depth
once It Is approved by the DNR and the City may wish to consider
the Impact of a particular elevation on the development of the
property.
Callahan noted that it was his understanding that It
wouldn't matter If you restored the pond to 10* or 2‘ as It would
Just spread wider, and not necessarily become deeper.
Gerhardson noted that j-4* would cover the entire pond bed.
It was moved by Callahan, seconded by Butler, to direct
staff to apply for a permit from the DNR to establish the water
elevation of the pond at the Orono Sewer Pond Property at a
minimum depth of 3’. Ayes 5, nays 0.
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MINUTES OF Tm£ REGULAR ORONU COUNLiU Mtctiriu - rtUGu:> i
PUBLIC COMMENTS
Tim Schoen of 41 North W1How Drive was cresent to reprecent
the Long Lake Fire Department along with Mike Brown and Rick
Perry. He explained that the Fire Department is looking to the
City for a commitment to appropriate additional funds for the
Long Lake Fire Relief Association which is a retirement and
disability fund for volunteer fire fighters.
Schoen explained that they are trying to increase the fund
to a more attractive amount. Currently it is worth $1250 per
person per year of service and with a graduated vesting of 60% at
10 years.
Jabbour asked if other cities using their service would also
be contibuting the same as Orono.
Callahan clarified that Orono now pays 70% cf the fire
department's budget, of which $3,000 now comes out of that budget
for the relief fund.
Goetten suggested that the Fire Department get their fig- res
gathered and present to the new City Administrator for further
Investigation.
on
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Debbie Lewis of 2335 Abingdon Way questioned the Council
when they proposed to send another C1ty~wide letter
developments of Highway 12.
Goetten noted that new developments probably would not be
available until the end of the month and felt that a letter could
be sent after that time.
Bill Wear of 36 Hackberry Hill and owner of 2160 Wayzata
Boulevard West requested the Council to help eliminate the
problem with the electrical contractor for his property. He also
requested the judicial markers be restored.
Gerhardson noted that the electrical contractor's attorney
has not responded at all at this point and noted that he would
keep trying to resolve the problem. He also noted that the
Judicial markers would be replaced.
Wear also explained that the proposed 1993 plan of MnDot
Included curb and gutter for the north side of Highway 12. He
questioned the Council as to their commitment of financial
support.
Gerhardson explained that MSA funds would probably be used.
He also explained curb and gutter reduces the amount of taking of
property.
Wear commented that they are also proposing to take 1 1/2 of
his drives to his property on Wayzata Boulevard and he is very
ouch against that.
MINUTES OF THE REGULAR ORUNU CUUNCiL Mtci iino - MUUUi 1 I
^yStl§ 6§MH1NTS - cent.
City Engineer Cook advised that he car. review th
meet with Mr. wear and the State, however thaw
necessarily mean he will recommend what Mr. Wear want
needs to evaluate the safety Issues of the highway.
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It was moved by Mayor Peterson, seconded by Goetten, to
direct staff to wot'k with Mr. wear on the issues relating to his
property on Highway 12. Ayes 5, nays 0.
(#7) ZONING FILE #1647 - GERALD BENOIT
3403 EASTLAKE STREET
VARIANCES - RESOLUTION #3000
Gerhardon summarized the applicant's request.
Michael Gaffron explained Mr. Benoit was unable to attend
this meeting.
It was moved by Butler, seconded by Mayor Peterson, to
adopt Resolution #3000, granting setback and hardcover variances
to construct a detached garage. Ayes 5, nays 0.
(#8) ZONING FILE #1662 RICHARD & COLLETTE ROBERTS
1937 FAQERNESS POINT RO
VARIANCE - RESOLUTION #3001
Richard and Collette Roberts were present for this matter.
Gerhardson provided a brief description of the request.
It was moved by Butler, seconded by Jabbour, to adopt
Resolution #3001, g«^dnting lot area and lot width varaince' to
construct a new residence. Ayes 5, nays 0.
(#9) ZONING FIL^ #1664 • WTl.LIAM H. BOCKMAN
1090 LOMA LINDA AVENUE
VARIANCE « RFSOLUTION #3002
William Bockman was present for this matter.
Gerhardson summarized the applicant's request and Planning
Commissions recor andatlon.
was moved by Butler, seconded by Mayor Peterson, to adopt
Resolution #3002. granting average lakeshoro setback, hardcover
and side setback variances to replace a former enclosed porch
with open deck area. Ayes 5, nays 0.
nitrik.
F MINUTES OF THE HEGULAH OhONO COUNCIL MtciiNL - muvjUCs i(#i0) ZONING FILE #1665
1424 BALDUR PARK RD
VARIANCES
- THOMAS MCCARTHY
Gerhardson reviewed
Commission's recommendation.
tne application and P laming
Mabusth p .
Planning Comm^
was a walkway w^
Commission hac
existing deck,
app11 cant had
Scheme A reduces
zone.
sented the applicant's plans as presented to -he
-,ion noting that as originally presented. there
th an overhang. She explained that the Planning
no pro' lem with tne repair or rr-. 1 acement of the
but t the addition was too ambitious and the
not pro id acceptable hardships. The original
the percentage of hardcover by 8% in the 75-250'
Michial Mularoni, applicant's contractor, explained his
design process and how he arrived at the different variations.
He felt that by adding the second garage as depicted in Scheme A,
with overhang walkway to house in the middle to minimize the
rafter height and thereby reduce the visual impact. He reviewed
one of their concerns which was the covered walk and the need to
provide access to the principal structure for emergency purposes.
Candace Rowlette clarified that the Planning Commission
originally tabled the applicant's request because there was only
one pr.posal which was inadequate. Applicant then came back and
asked to reopen the request, and it ended up being denied.
Jabbour declared that he was at that last Planning
Commission and noted that one Commissioner's reason for denial
was that non—structura1 hardcover was being replaced with
structural hardcover.
Mabusth reiterated that there is
percentages of hardcover of 7.9%.
a total reduction
Jabbour felt that the garage could be added to the original
garaget centering the garage door between the old and new, and
felt that the rafters wouldn't necessarily have to be extremely
high.
Goetten noted that the lot is 50' wide at the ^^ad.
therefore the garage and proposed addition brings it up to 31 4
which covers a major portion of the lot. The large tree next to
the garage covers a largo portion of the remaining setback. She
noted that she could not approve the proposal as is.
Jabbou** remarked that a double garage is typically 2a wide
and the scheme proposed Is 2S'.
Callahan remarked that the hardship of having only a one ca*”
garage Is not enough to approve the proposal.
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(#16) lONINQ FILE #i'83 - THOMAS MCCARTHY - cont.
Butlar felt that ‘he CouncM 1s not there to help In design
and It should be brought bacK to the Planning Commission, She
a iso
brou^..
proposa
. project is too ambitious for the lot.
explained that the second time the proposal
the Planning Commission, applicant amended
exclude overhang over the waU.way.
was
the
Goetton felt that the applicant should look at tro whole lot
and see wfiere other removals or changes In hardcover percentages
can be made and also the gazeoo should maybe be considered for
remova1.
It was moved by Butler, seconded by Mayor Peterson, to refer
Application #1665 back to the Planning Commission with the
recommendation to the applicant that he work with staff to revise
his request. Ayes 5, nays 0.
(#11) ZONING FILE #1397 - ART CENT-IR OF MINNESOTA
2180 NORTH SHORE DRIVE
CLARIFICATION OF IMPROVEMENTS
Marty Schneider was present to represent the Art Center.
Gerhardson provided a brief explanation of the request;
noting that they are seeking clarification of the conditions of
the subdivision approval.
Mabusth described the request of the Art Center and
explained conditions of the subdivision in 1989. She noted that
these were specific areas of concern and noted the loading area
to east side of building is also being used for parking. There
Is also a gravel access drive and parking area which are not
shown on the original plans for the residential lot. There is a
need to provide applicant with further direction on these areas.
Schneider explained the subdivision was conditional on threo
conditions: l) parking; 2) screening/fenc1ng along north
property line; 3) readjustment of exterior lighting from Kill
School parcel. A $5,000 cashiers check was given tc the City to
ensure Improvements would be done. Schneider *elt that he has
fulfilled all conditions of that developer’s agreement and wants
the City to release the cashiers check. He opposed the City
holding the check for other issues outstanding with the Art
Center. Schneider noted that the City feels the fencing Is
temporary, however the code does not specify materials to be used
for fencing. The City has required the access to be closed off,
end It has. Schneider explained that thw City Is now requiring
"appropriate" landscaping whore the former parking area on nis
property was. He explained that he plans to bul'd a garage there
and wishes to retain the gravel until that time.
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MINUTES OF Th£ REGULAH OHONO CUUNCi'. MEtlirJU - rtuuuii i<i, iwi
(#11) ZONING FILE #1397 - ART CENTER OF MINNESOTA - cont.
Butler proposed the ared to the northwest ct the tenpc^ary
fencing be posted with "N'' Parking/Fire Lane" s'gns and make tnis
area the drive to the lo:. mg area.
It was moved by Ja‘"tour. seconded by Goetten, to release tne
$5,000 cashiers check to the Art Center finding all conditions
of the Developer's Agreement have been met. Ayes 5, nays 0.
(#6) ZONING FILES #1606 & 1660 - BIG ISLAND INC.
RECORD LOTS 12 AND 19, BIG ISLAND
CONDITIONAL USE PERMIT/VARIANCE
ZONING FILE #1659
BIG ISLAND INC.
RECORDS LOTS 12 AND 19, BIG ISLAND
VACATION OF PUBLIC FIGHT-OF-WAY
No one was present t^ represent the applicant
It was moved by Goetten, seconded by Mayor
table all throe ^pp11c ' 11ons. Ayes 5, nays 0.
Peterson,
(#12) BID AW7RD LIFT STATION #11
It wjS moved by Mayor Peterson, seconded by Goetten, to
award thj bid for Lift station #11 renovation to Northwest
Mechanical Inc. for an amount not to exceed $48,000. Ayes 5,
nays 0
(#13*) BID AWARD - 1991 SEAL COAT
It was moved by Goetten, seconded by Butler, to award the
bid for the 1991 Seal Coat Project to Bituminous Roadways, Inc.
for an amount not to exceed $10,327.50. Ayes 5, nays 0.
MAYOR/COUNCIL REPORT
Mayor Peterson commented that the members of the planning
committee for the Octoborfest have requested consideration of
donations from the City.
Jabbour welcomed Terl Naab to the City recorder position.
(#14) APPOINTMENTS RESOLUTION AMENDMENT
Goetten suggested that Butler be appointed to the Highway 12
Policy Committee.
Tom Kuehn reminded Council that
Administrator would need to be appointed
signer.
the Acting City
s temporary check
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(114) AmZNTMENTS RESOLUTION AMENDMENT - COnt.
Mayor Petflrccn explained she had just received a letter from
the LMCD asking fcr appointment of a representat1ve by October.
Mayor Peterson asked JcEllen Hurr If she was Interested in a
reappointment to the position and sha declared her willingness.
Jabbour expressed his graditude to JcEllen for all she has
put forth In her position as representative.
Mayor oeterson directed Gerhardson to draft a letter to the
LMCD expres!*ng the Council's desire to reappoint JoEllen Hurr.
It was moved by Mayor Peterson, seconded by Goetten, to
amend the previous resolution to remove previous City
Administrator Berhardson's name and to appoint Acting City
Administrator to those appointments with tie exception of
Counc 11member Butler appointed to Highway 12 Po.'‘cy Committee,
and the addition of John Gerhardson appointed as temporary check
signer, and JoEllen Hurr appointed as LMCD representat I ve. Ayes
5, nays 0.
(#15) 1992 BUDGET DISCUSSION
Tom Kuehn, Finance Director, presented to the Council a
preliminary 1992 budget and tax Information as an Information
Item.
(#16) LOAN TO HRA
Kuehn explained the need to pass a resolution If the City
wants to recoup any costs that the City or HRA may incur before
the HRA sells bonds for the facilities. This resolution form was
received from Ehlers.
Callahan noted h1s disagreement with some of the wording in
the resolution.
Barrett agreed
It was moved by Callahan, seconded by Goetten, to table the
resolution to establish expenditures for the HRA as a loan from
the City. Ayes 5, nays 0.
(#17) CITY FACILITIES - BROCHURE
City staff and Council reviewed the sample brochure drafted
by Boarman A Associates.
(#1B) SHORELAND GRANT AGREEMENT
Callahan questioned whether the City really wanted to go
through all the work involved with this for $5,000.
Goetten suggested it be passed onto the Lake use Committee.
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(#18) SHORELAND GRANT AGREEMENT - cent.
It was moved by Butler, seconded by Mayor Peterson, to re.er
ii- - - - - - - -▲. <4.^ l-aLA US0the matter .of the Shoreland Grant Agreement to the Lake
Committee for further review. Ayes 5, nays 0.
(#19*) CITY RECORDERIt was moved by Goetten, seconded by Butler. to approve
slaning of Attachment A to the memo dated August 6. ^
contract between the City of Ororo and the City Recorder. Ayes
5, nays 0.
(#20) LAKE USE COMMITTEE - MINUTES
Callahan noted that the minutes have not officially been
approved by the Committee.
dy to COOMO. t.e
disciplinary action of July 23. 1991, as recommended by staff, of
Eric Bowman, temporary parks helper. Ayes 5, nays 0.
(#22*) POLICE CHIEF EMPLOYMENT -
ACCEPTANCE OF LETTER OF AGREEMENT a..*,,, tn accentIt was moved by Goetten, seconded by Butler, to accept
Attachment A to the memo dated July 26. 199J
s;:r^.jact aL^r:nt^?i:ir?he^ph:^:car;^e :it^h°^;re
City of Orono's physician rather than Mr. Sullivan s persona
physician. Ayes 5, nays 0.
.y sutler, to approve tPe
;:sirsSu “^ou:^:r:? :^‘^:^:My*r.n^»^'oS°p:^*^our^:^f:ct,v:
July 24, 1991. Ayes 5. nays 0.
(#24*) TEMPORARY EMPLOYMENT GOLF COURSE - GROUNDSKEEPER HELPER
It was moved by Goetten, seconded by Butler, to approve Jane
Tolnv fVr ?L = on%t°;r%oS?.y
rate of $5.00 effective August 1. 1991. Ayes 5, nays 0.
(#25*) EQUIPMENT PURCHASE - PUBLIC WORKS
It was moved by Goetten, seconded by Butler,
purchase of one underbody plow installed
Manufacturing Company for an amount of $5,220.00.
to approve the
from Crystal
Ayes 5. nays
0.
((#26) SEWER POND ELEVATION (following agenda Item #5)
rr:dTo;et^X"”«o!!2rPy eutur. tp approv.
;r’'f:no?.Tcn?;:S";r2a ‘JS^ r^nta-a
Road. Ayes 5, nays 0.
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minutes of the regular ORONO council meeting - AUGUST 12, 1991
(#28*) ADMINISTRATOR'S INFORMATION
It was moved by Goetten, seconded by Butler, to accept the
Information on the following issues:
Water quality report - Summit Park & Casco Point Beaches
City Administrator's goals
Fenholt retirement
Ayes 5, nays 0.
(#29») LICENSES
It was moved by Goetten.
following licenses:
seconded by Butler, to approve the
Park Gun Club. 3660 Sixth Avenue North - Firearm Use Permit
Long Lake Chamber of Commerce - Orono Middle School,
August 17, 1991 2:00-6:00 p.m.
Parade & Special Events Permit
Kathryn Duncanson, 690 Brown Rd N - Residential Kennel License
Nancy Ritchie, 1075 Tonkawa Rd - Residential Kennel License
Ayes 5, nays 0.
(#30*) BILLS
It was moved by Goetten, seconded by Butler,
payment of the All funds Account. Ayes 5, nays 0.
to approve
EXECUTIVE SESSION
At 9:35 p.m.. City Attorney Barrett requested that Council
adjourn to an Executive Session for the purpose of discussing
pending litigation.
ADJOURNMENT
It was moved byButler seconded by Goetten tc adjourn
Regular Council meeting at 9:35 p.m. Ayes nays
the
Barbara A. Peterson, Mayor
ATTEST:
■>thy M. Hall In, City Clerk
mm
cny r,r 1991
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August 8, 1991
Mayor Barbara A. Peterson
Orono City CounciImembers
P.O. Box 66
Crystal Bay, MN 55323
Ret Park Commission Natters
Dear Mayor Peterson & CounciImembers:
I had hoped to be at the Council meeting scheduled for next
Monday, Augustl2th, but a recently scheduled business trip
prevents my being there. Alex Vongries has agreed to be present
on the 12th, but I wanted to give you a written update on several
other matters as well.
1, Bike Trail. I am pleased to report that at the Park
Commission's request, Hennepin County has agreed to
cooperate with the City and tu pay a major portion of the
cost of a bike/hike trail to extend from Baker Park along
the east side of old Crystal Bay Road to the Luce Line. The
Coiv Y has indicated that it will allocate $132,000 to this
project in addition to the improvements to be constructed
within ^^ker Park itself.
Representatives of Hennepin County Parks and I will appear
at your meeting on August 26th to brief you on this project
and to request conceptual approval. It is important that
the trail be provided for in planning and funding for the
new City facilities since the .rail can provide an excellent
link from the facilities to ♦ho rest of the community.
2. Park Planning for the Old 9ewer Pond Property. We have
now considered the appropziate use of the old sewer pond
property at three meetings of he Parks Commission. It is
the view of the majority of \.>e Commission that the sewer
pond and a portion of the adjacent area should be set aside
as a pond, wetland and natural area. A portion of the land
owned by the City can be developed if proper planning is
provided to protect this extraordinary natural resource.
Accordingly, we ask that you take the following two actions:
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Park Commission Matters August If 1991
Page 2 of 2
A. That you instruct the City staff to apply for a
permit from the DNR to restore the sewer pond to an
appropriate water level. This was approved unanimously
at our meeting on July 2.
B. That you authorize us to retain a consultant at a
cost of approximately $950, It appears to us that if
we are to accommodate a suitable park and natural area
on the property# as well as compatible development of a
portion of the property# a consultant should be
retained to assist you and us in our planning. We
reviewed several conceptual plans at our meeting on
August 6 but were unable to agree upon the most
desireable plan without professional assistance. Mr.
John Shard low of Dahlgren# Shard low and Uban was at our
meeting and advised us that the planning assistance
which we envision can be accomplished for approximately
$950 and can be available for the next Park Commission
meeting on September 3.
3. Other Available City Property. We reviewed the McCulley
Road parcel at our June 3 meeting and concluded that we
should retain a bike trail corridor of approximately 30 feet
width along the west side of McCulley Road and we should
also retain a parking area to serve the Luce Line. Aside
from this# we concluded that there is no need to retain this
property for park purposes.
Ife are continuing to evaluate the Crystal Bay property where
the present municipal facilities are located. We have evaluated
several alternatives# but have not yet reached a definitive
omicluaion.
I am sorry that I will be unable to attend next Monday's
meeting# but 1 look forward to seeing you and answering any
questions you might have on the 26th.
Sincerely yours#
/
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Richard N, Flint
RMF/ers
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To:%
Prca:
Dat:et
Subject:
Mayor Peterson i Orono Council Members
John R. Gerharbson, Acting City Administrator ^ -jf, cV
n«trak#or
•S’ ^<\
Michael P. Gaffron, Asst Planning & Zoning Admini^ratPor
August 19, 1991
*'/0iil366 Loren Butterfield, 3925 Watertown Road -
A. Extension of Effective Period of Prelimx^
Subdivision Review
B. Final Subdivision Approval
ry
List of Exhibits
A. R'isolui. i on, Approval Period Extension
Resolution, Final Plat Approval
Resolutions #2610 and #2760
Final Plat Drawing
Council Minutes 2-13-89, 3-27-89, 2-26-90
Staff Memos 1-12-09, 3-14-89, 3-23-89, 2-9-89
Planning commission Minutes 1-17-89
B.
C.
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A.Extension
Per the attached request from the applicant, Mr. Butterfield is
asking for an additional extension of his preliminary subdivision
review effective time period. Normally, a resolution granting
preliminary plat approval is effective for one year, after which time
it expires.
Per the subdi.ision code. Section 11.10, Subdivision 15, "The
City may extend the period by agreement with the subdivider and
subject to all applicable performance conditions and requirements ' • • •
Mr. Butterfield's Inability to continue the subdivision has been
due specifically to title problems which resulted in the need to
register the property through a torrens action, and not due to any
intended changes from the original proposal nor mere Inaction. There
has been one extension granted already.
The original preliminary plat approval Resolution #2610 was
adopted on March 27, 1989, Resolution #2760 was adopted February 26,
1990, granting an extension to March 27, 1991. Via the letter dated
July 23, 1991, applicant requests the effective period of preliminary
plat approval be extended beyond March 27, 1991 to accomodate
completion of the torrens action, which occurred earlier this sxxmner.
An extension to September 1, 1991 would be appropriate.
If Council was to deny the extension, this would result in the
need for a new preliminary plat application and another public
hearing. The original public hearing held on January 17, 1989
generated no public interest, and Planning Commission recommended
•pproval on a vote of 6 to 1. On March 27, 1989, Council voted 2 to
1 (Peterson and Nettles-aye, Callahan-nay) to approve the subdivision
per the Planning Commission recommendation, with the exception that an
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Zoning File #1366 August 19, 1991
Page 2
accessory structure in the fonn of a gazebo would be allowed on Out lot
A with miniinuin 50* setback from the Luce Line trail and 26* setback
frOBi the wetlands. It appears from the minutes that Callahan's main
objection to the subdivision proposal was the allowance of the
accessory structure south of the Luce Line.
On February 26, 1990, Council voted 4 to 0 to extend the
preliminary plat approval effective period, with no significant
discussion.
Staff Rec c—endation - Extension
Staff recommends approval of the extension of the effective
period of preliminary plat approval for Loren Butterfield, Application
#1366, 3925 Watertown Road, per the attached resolution.
seconded byMoved by _____________________________________________
grant an extension of the effective period of
approval for the plat at 3925 Watertown Road, Loren Butterfield, to
September 1, 1991. ____ Ayes, ____ Nays.
Pinal Plat Approval
The applicant has now completed all conditions of Resolution
#2610 including payment of fees, submittal of easement documents, and
execution of the special lot combination resolution for the various
lots and outlots. Because two . ' the five current Council members
were not in office during the original review of this subdivision,
additional information has been provided for clarity regarding the
nuances of this somewhat unique subdivision.
Staff RaccBMendatioo - Final Plat Approval
Staff recommends approval of the attached resolution granting
final plat approval for the Loren Butterfield plat at 3925 Watertown
Road, File #1366. Moved by _________seconded by -----------
to adopt Resolution # _______granting final plat approval for the
Loren Butterfield plat at 3925 Watertown Road per the attached
resolution. ____ Ayes, ____ Nays.
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Loren V. Butterfield Greenhouses
Wholesale Growers of Plants and Bowers
3925 ^^atc:!o^^^ Road Mjpie Plain. Minn. 5535'^
PHONF 4^.0128
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JUL ? 4 1991
/
A RBSOLDTIOM GRANTING
AN EXTENSION OF THE EFFECTIVE PERIOD OF
PRELIMINARY APPROVAL FOR A PLAT AT
3925 NATBRTOHN ROAD
FILE NO. 1366
>,5
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WHEREAS, on March 27, 1989 the City Council of the City of Orono
Adopted Roaolution #2610 granting preliminary approval for a plat proposed
by applicant Loren Butterfield at 3925 Watertovm Road; and
nor..lly If
•xplration date being March 27, 1990? and
WHEREAS, in attempting to fulfill the conditions of preliminary
plat approval, the applicant had been unable to obtain clear title and
filed for a torrens title registration of the property, which process was
expected to not be completed until the summer of 1990? and
proposed plat; and
WHEREAS, on February 26, 1990 the Orono City Council,
of 4 to 0, adopted Resolution #2760, granting an extension of the effective
period of preliminary plat approval to March 27, 1991? and
EBEREAS, the aforementioned torrens title registration process
was not completed until early summer of 1991, and on July 23, 1991, the
olicant requested in writing that the effective period of ^
t approval be further extended to accomodate the filing of the final
plat application, which application was submitted on August 1, 1991.
■uw.___n- EE IT RESOLVED, by the City Council of the City of
Eutterfield^'s^priposed'^ 3«5^wVtirtotn^Road as'^a^ '"d^^to
conditions of Resolution #2610 adopted March 27, 1989, extended t
March 27, 1991, is hereby further extended to September 1, 1991.
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Adopted by the City Council oi: the City of Oronor Minnesota at a
it#9ular meeting held this 26th day of August, 1991.
Barbara A. Peterson, Mayor
ATTEST:
Dorothy M. Rallin, City Clerk
STATE OP MINNESOTA )
) 88.
COUNTY OF HENNEPIN )
The foregoing Inetrument was acknowledged before n*e on this
26th day of August# 1991, by Barbara A. Peterson & Dorothy M. Haiiin, Mayor
6 City Clerk of the City of Orono, a Minnesota • unicipal corporation ~nd
said instrument was executed on behalf of the Civ.*'.
Notary Public
Page 2 of 2
A RBSOLOTIOM APPROVING THB PT>
BABTSBREATH HEIGHTS
PILE MO. 1366
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
land within the City; and
WHEREAS# the City Council has considered the applies. _»n for
a subdivision plat by Loren V. Butterfieldr the subdivider; and
WHEREAS# on March 27, 1989, the City Council approv^J Resolution
#2610 granting preliminary approval for a plat at 3925 Watertown Road; ana
rriRBAS# on February 26, 1990, the City Council adopted Resolution
#2760 granting an extension of the effective per od of preliminary
subdivision approval to March 27, 1991; and
WHHEBAS# on August 26, 1991, the Orono City Council granted a
further extension of the effective period of preliminary plat approval
to Septeoiber 1# 1991; and
WHEREAS# the proposed plat contains two lots and three outlots.
Proposed Lot 1 containing 11.44 dry buildable acre/, is intended to r^in
with the existing residence and greenhouse ccnditlcnal use that exists on
the property. Lot 2, containing approximately 2.4 acres of dry
intended as the proposed new buildi.ig site. Both Lots 1 and 2 are located
north of the Luce Line trail. Outlet A, located on the south side of the
Luce Line Trail is intended to remain with Lot 2 \
waking up the 5 acre dry buildable requirement of the RR-IA soring
district. Outlot B# located on the south side of the Luce Line Trail s
intended to resiain in common o%mership with Lot 1; and
wmmmJBMABt Lot 2 is proposed to aain access to Watertown Road via
an easement over Outlot C. Outlot C is Intended to remain in the same
mmarship as Lot 1# due to the potential for future subdivision of Lot i,
and due to the location of the existing buildings adjacent to Outlot C; and
WHEREAS# Outlot C is recognized as being in a location that may
be suitable for access f^r future development of existing vacant property
to the east; and
Page 1 of 4
WBBRBASf due to the increased traftic anticipated by development
of a residence on Lot 2, the existing driveway access to Watertown Road
within Out lot C, which will be shared by the owners of Lot 2 and the
greenhouse operation on Lot 1# must be upgraded to create a safe access per
the recommendations of the City Engineer; and
WHBRBASr 33' of right-of-way has been designated on the plat for
the existing Watertown Road; and
WBBRBASf Lot 2 requires a variance for lack of frontage on a
public road. Lot 1 requires a side setback variance for existing accessory
structures which willr as a result of the subdivision# be located 1' from
proposed Outlot C, where a 10* setback is normally required for such
structures; and
WBBRBASv two distinct wetlands existing within the boundaries of
Lot 1 and Outlets A and B are subject to the appropriate drainage or
conservation and flowage easements; and
WBBltBASr proposed Lot 1 contains more than 5 acres in contiguous
dry buildable area and is not subject to test ng for future dra.^ 'field
■ites as part of the subdivision process. Complete septic testing jr Lot
2 has been sutunitted and verifies that suitable drainfield sites for mound
systems are available to serve the proposed single family residence; and
innRBAS* a single family residence can be constrocted on Lot 2
meeting the 100' minimum setbacks from the north line of Lot ? and the Luce
Line Trail right-of-way line, and meeting the 50' side setbacks from the
•••t and west property lines of Lot 2, without the for further
varlar <^s; and
iniBKBAB* the subdivider has completed all requirements of the
subdivision regulations of the City, including:
1.
2.
Completion of all the requirements of Resolution Nc. 261i.
Dedication on the plat of right-of-way for the pu:-lic road known
as Watertown Road.
3.Creation of a private driveway outlot shown on the plat as Outlot
C to serve Lot 2.
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4. Dedication to the City of a flowage and conservation easement
providing for limitations on the use of wetlands located within
Outlets A and B and designated on the plat as drainage easements.
5. Dedication to the City of a drainage easement providing for
limitations on the use of the pond located in Lot 1 and shown on
the plat as a drainage easement.
6* Payment to the City of the park dedication tee of $100.00 for the
new residential lot, per the Park Dedication Fee Schedule in
effect at the time of preliminary plat approval.
7» Payment to the City of the final plat legal review and filing
fees of $150.00.
8. Execution of an access easement over Lot C in favor of Lot 2.
9. Execution of "special lot combination" resolutions for Lot 2 and
Outlot A, and for Lot 1 and Outlet B.
■OW* THnsrORB, BE IT RESOLVED, that the City Council of the City
Orono hereby approves the plat of Babysbreath Heights, Hennepin County,
Minnesota, subject to the following conditions:
1. A 9* variance is her-oy granted f r setbacks to the east lot 1 le
of Lot 1 for the existing greenhouse buildings. The setbacks
nonnally required for those itructures would be 10' from the side
lot line in this RR-IA sonin / district
2. Lot 2 is hereby granted a variance for lack of frontage on a
public road.
3, For principal structure setback purposes, the north line of Lot 2
shall be considered the front lot line, the east and west lines
of Lot 2 will be considered side lot lines, and the southwest
line of Lot 2 abutting the Luce Line Trail right-of-way is
considered the rear lot line.
4, The applicant is hereby advised that any future subdivision of
Lot 1 may require a widened outlot and cul-de-sac since a
subdivision would create a potential for as many as three
residences being served by the single access road. Applicant is
further advised that it is the City's policy to consolidate
accesses when feasible for safety purposes.
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5.The only structure allowed south of the Luce Line Trail shall be
a ga*ebo-"type recreational structure located within Outlet A, to
be located at least 50' from the Luce Line right-of-way and
meeting all other normal accessory structure requirements.
6.Reference Is made to resolution of the City Council #2688r
adoptee August 28, 1989, which resolution granted a conditional
use permit and variance to allow a continuation of the limited
removal of peat from the wetlands in Cutlots A and B. That
resolution shall govern such use.
7.Outlot C shall act as a private driveway access serving Lot 2.
The owner of Lot 1 shall remain the owner of Outlot C as a
condition of subdivision approval, due to the proximity of Outlot
C to existing buildings on Lot 1 and for long-range planning
purposes for this and neighboring properties.
8.The driveway access for Outlot C at its intersection with
Watertown Road shall be upgraded per the recommendations of the
City Engineer to provide a perpendicular, level access entrance,
prior to issuance of a building permit.
9.The aforesaid plat shall be filed by the City of Orono with the
Hennepin County Recorder's office on or before February 26, 1992
together with a certified original copy of this resolution and
executed copies of the various required documents noted herein.
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 26th day of August, 1991.
ATTBSTt
Dorothy M. Hallin, city Clerk Barbara A.Peterson, Mayor
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City of OROIV<
RESOLUTION OF THE CITY COUNCIL
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OF^ONOJ NO.'’610
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'■=•'! nnA RBSOLOTIOIl GRANTING | ,-„r:
PRBLimNARy APPROVAL FOR
A PLAT AT 3925 NATKRTOIfN ROAD
APPLICATION NO. 1366
WBBRBASf Loren Butterfield on December 22, 1988 filed a formal
•ubdlviaion application with the City for approval of a 2 lot residential
plat of property legally described as follows:
Exhibit A attached (hereinafter "the property")? and
WHERBAS# after due published and mailed notice in accordance with
Minnesota Statutes 462.258 et. seq. and the City of Orono Zoning and
Platting Codes* the Orono Planning Commission held *
January 17, 1989, at which time all persons desiring to be heard concerning
this application were given the opportunity to speak thereon? and
NHBRBAS, at their regular meetings held on February 13th and
March 27th, 1989, the Orono City Council considered the subdivi^^^^
application of Loren Butterfield, noting the following findings of fact.
1. The property is located within the RR-IA Single Family Rural
Residential Zoning District, requiring a minimum of 5
buildable land within each newly created lot, of which 2 acres must be
contiguous with the building site.
2. The property contains a total of approximately 20.56
area, of which approximately 18.07 acres is considered dry buildable.
Of the 20.56 total acres, approximately 5.37 acres are located on the
south side of the Luce Line Trail right-of-way which is owned by the
Department of Natural Resources.
3. Th. prope.»«l plat contains 2 lots and 3 outlets. Proposed Lot 1,
containing 11.44 dry buildable acres, is intended to r^in with the
existing residence and greenhouse conditional us*^ that exist on tne
property. Lot 2, containing approximately 2.4 a< s of dry land, is
Intended as the proposed new building site. Boch Lots 1 and 2 are
located north of the Luce Line Trail. Outlet A, located on <;^e *outh
side of the Luce Line Trail, is intended to remain with Lot 2 as
additional acreage making up the 5 acre dry buildable requirement.
Outlot B, located on the south side of the Luce Line Trail, is
intended to remain in common ownership with Lot 1.
Page 1 of 6
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City of OROINO
<:i IY
ORONO
RbSOLUTlON OF THE CITY COUNCIL
NO. ^ ^ __________
. « ¥r\ Wa^ftirtown Rofld vx® ®n c®scJn®nt4. Lot 2 i. proposed «ccess to “atertown
ovor Outlot intended to^remein in the same ownership asproperty. outlot C is intenoeo^ subdivision of Lot 1, and due
K‘ti; l“c.\ioro/trVxiitln; buildings adjacent to Outlot C.
5, The existing property *.^/th°lt"thl^ 100^*£ront^sltba^Watertown Road, and has a defined width at the ICO „orlximately 192'Watertown Road, and has a defined wiatn ao i. approximately 192’
of approximately 430'. Proposed Lot l “\“d width of 380'. Lot 2
of n^rft^oes not \"ave frontage on a public
?:2dl”%tS aTea«'-west width dimension of 350' and an average
depth of 300* at the intended building site.
6. Lot 1 require, a Vh^llblrliL^on.^b^ To^aWd^r
fU“^oVuaa<l Outl«^ “here a 10' setback is normally required for
•uch itructures.
s:; u- ;.*.V
ft TWO dlfttinct wetlands existing within the boundaries of Lot 1 and
Sitl^t. A and^wilVL subject to the appropriate easements.
9. Due to increased traffic
5*u?ttr?, -icH ilf;b.;;r»{^by the^own.„ of^ ^eale"aM?:
acee"s’'per* th5*r!co™endation. of the City Engineer.
iu.A^L-v..v
verifies that such right-of-way has not been dedicateo pro
11. , proposed Lot^l contain, more than 9 acr^^^^ l“/ure^^?:?n“f’ie"lS11. Prccofted Lot x cont«iH» u.v*>= ------- - -- -
buildable area and is not subject to tes p?.i,-,nary soil borings
Siji. a. part of the VVnd"?n7ica\e ”ar.uitVbl.
£;::d'^;:t«:'ii*k:fy .%'i.t f’or's.’i ^2
?Sn:lj?;^p”“fic VrXf“ld'rirei*b“f°ore fm.! plat approval will be
granted.
Page 2 of 6
Cl I Y
City of OROINO
RESOLUTION OF THE CITY COUNCIL
ORONO
NO 2 610
12. A single family residence linV T a^n^ t^he\uce\ine
100* minimum ®f"eting^the 50* side setbacks from the
.^rwV.V;ro^pe^rry^liret ^ the need for further
variances.
■ON, THBRBFORB BB IT RESOLVED, that hereby
of the findings noted V!jr ^Loren Butterfield at 3925 Watertown Road
approves the preliminary Fl«t hereto) by Coffin and Gronberg Inc.,^‘2nfei%Vvir/‘’A‘nuLrir i^s/, subject to th. fono-m,
conditions:
2. Lik.*i.. a .p.ci.l lot combination for Lot 1 and Outlot B shall be
required.
3. outlot C shall »ct as a fti^ate dr^iveway^^^ H^a VondWion
of subdivision approval, due to the p purposes for this and"rnr/rs s.‘.v ='. “
4. Th. driv.way accss wh.r. Outlot ^
pnor to ’^i..uan=. of a
building permit.
5. A r »«riane. is grant.d tor s.tback. to •‘‘•‘jb«ks^nlt»ally1 for th. .xi.ting 9”.nhouse buildings. The .
r«iuir«l for thos. structur.s would be 1C from tne sioe
«. Lot 2 Shall be granted a variance because it doe. not have
frontage on a public road.
7. For principal stru^cture we^t
shall be considered the front lot .outhwest line of Lot 2
line.
Page 3 of 6
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CITY
ORONO>
City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO I:
*• *>'• 'outfit -o
«22t”. pot.nti.l tor .3, many as
SiSy-a* J2u” to ^naolldate accesses when feasible for safety
purposes
Th. only "oV ’t‘lo*t''\“to%2
!“:t:d".^ri.a%t lh\ Luce Line right-of-way and .eetin, all
Other normal accessory structure requirements.
10 subdivision approval will not be granted until complete on site
dVafnl2e^^d"l!^:s*\^°^.t^*wft”V tht' bordarles of
Lot 2.
11 If the title opinion indicates that right-of-way for
R«d hM neverUtn formally dedicated, plat drawings shall xndicate a
dedication for 33' of right-of-way southwest of the center line
Waterto%m Road.
12. Standard drainage and utility easements shall ^“Jtt2ch2d
plat drawings, with easement widths conforming to the sketch attacnec
as Exhibit C.
13. A drainage ...«.nt shall
SS.%V."d\'y "rippJicant. 'such document shall
retains the right to withdraw water from this pond for agricuitur
purposes
14. A Conservation and Flowage Easement ^*f”"a*'i^7nVs *a*
•driiMg.^«222«tI-.* TconMr “tio ’n °and Flowage
JoL“tloV o*f°“thl^.M.2ii2t*b2ing 'coVta'intd the Conditiona 1
Ose Permit resolution for the use of this wetland a.ea.
IS Aoiilicant shall file a conditional use permit application j*JJ
City Council.
16. Payment of the standard Park Fee of for the new building
lot comprised of Lot 2 and Outlet A.
Page 4 of 6
City of OROrVO
f.l I Y
RESOLUTION OF THE CITY COUNCIL
OHONO
NO
Th. following list
:SdTo«rtf?./n^/.ys Vf \he
i.
1. RBCOPD PLAT drawings in the form of f"® <2> copies and one
(1) copy reduced to l’-200 ’. Drawing to includei
a) Lot lines platted per preliminary survey by Coffin and
Gronberg Inc. attached as Exhibit B hereto.
property lines, or as modified in the attached sketch. Exhibit C.
c) Designation and dedication of the wetlands as drainage
•aamants on the plat.
2. LEGAL DOCUMENTS required:
Solder w"tt”pU;ertrinterL
si^ the plat and all other documents affected by such interest.
b) Th. applicant must provide certified copies of all recorded
easements currently affecting the property.
c) Signed and executed drainage easement and
Plowsge Easement documents as noted in requ\re-
Contact staff regarding format and legal description q
ments.
d) Signed and executed access easement over Lot C in favor of
Lot 2.
3. PEES TO BE PAID: Total Due $250.00.
a)
total $100.00.
b) Legal review and filing fees of $150.00.
Page 5 of 6
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City of OFIOINO
(.1 I Y
Of
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ _ _ _ _
Adopted by the City Council of the City of Orono,
regular meeting held this 27th day of March, 1989.
Minnesota at a
Hallin, City Clerk
STATE OPMlINN JlTA)
)S8.
COUNTY OP HENNEPIN)
The foregoing instrument was acknowledged ®Hal li'^^^Acting
S:?or' t”ci?y'cVerk' o/ corporation
end eeid instrument was executed on behalf of the City.
Notary M&TKj
• «*. •
UURIE k. SCHEFFLER
NC'T a ;* ruiUC - eilMFeEiOfA
HENHePIN COof'lTY
My cccrmiuion aapiraid-8-93
My Commission Expires
Page 6 of 6
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City of OROrVO
RESOLUTFON OF THE CITY COUNCIL
NO u ^
A RESOLUTION GRANTING AN EXTENSION
OF THE EFFECTIVE PERIOD
OP PRELIMINARY PLAT APPROVAL
FOR A PLAT AT
3925 WATERTOWN ROAD
APPLICATION NO. 1366
WHEREAS on March 27, 1989 the City Council of the City
Of Orono .”pt.d Resolution #2610 granting
for a plat proposed by applicant Loren Butwerfielc at 392.
Watertown Road; and
WBEREAS, the effective period of P^®f
•pptoval would normally and^Eefolutlon #2610, such expiration date being hatch 2 , 19 ,
mpneAS in attemptino to fulfill the conditions of
SStsYn^crea^ tYtVe l?Yh7s* VileS^o?Y Y^%Yn/UtYe"rec^"s\ratlon
£:4\h^-.VrYnYo^YYYly-= Yf \79tra- - ^
WHEREAS, on January 1, 990 the ®PP/
one year extension cf the effective period of prelim.nary pi -
approval for the proposed plat.
HON, THEREFORE BE IT RESOLVED, by the CltV Council of
the Citv of Orono that the effective period of preliminary plat
ssriiYpYYYv^srperYhVVoVdt^ifnY^^i^^^^
March 27, 1989, is hereby extended to March 27,
Adooted -y the City Council of the City of Orono,
Minnesota at^^a regular meeting held this 26th day of February
1990.
MINOTBS op the ORONO council meeting op march 27, 1989
ZONING PILE #1364-GAGE CONTINUED
Jakeshore setback zone. Motion, Ayes»3, Nays=C. Motion passed.
#1382 JOHN ROGERS
755 TONXAHA ROAD
VARIAVCBS
»SOLTO«M I2MS* Counci Imerobe.' Nettles, seconded by
Council.«Ser P.tersJn, to approve ^^5°^L«“hoVe setbtc?variances for additional structure in the 0-75 lakeshore setcacjc
sone for John and Lois Rogers, 755 Tonkawa Road. Motion, Ayes-3,
Hfliys~0I Motion passed.
X 1#1366 LOREN BUTTERFIELD
3925 WATERTOWN ROAD
SUBDIVISION
^®®^ty*Administrator Bernhardson reviewed the
«-hl« raouest for a subdivision. A portion of the five acre
lot involved is across the Luce Line Trail. The property c
2 north of the Luce Line contains the 2-acre minimum dry
contiguous land required for bolding. The DNR granted a
ouhlic easement to cross the Luce Line, however, that easement
SS,. no? “nn«t in any way Vft’”?KeKiAr<4arina this property limits the ability to access it.
southern^portion of Lot 2 contains \nstal
portion has a retention pond which Mr. Butterfield
1953. The pond is used mainly for collecting runoff
from Mr Butterfield’S nursery and is ^iut?«fiSId hasnursery operation and a reserve for fire. Mr. Butterfield n
used the %Jetlands as a source of peat for his nursery,
h^does n^fsell it commercially. rd"*a”l 1 ow Mron rot 2 is beino recommended and would allow nr.
Butterfield to continue pumping from the pond. A J«r*loi?g. Maement on Outlet A and B, for th« utilixation of
«tar and peat s racoenended and would be subject « the
ouidelines of a conditional use pernit. * from
required due to the greenhouse structure being located 1 fro
the proposed lot line of Outlet C.
Assistant Planning and Zoning
that the Planning Commission recommended that ®ff®**2r^
structures be allowed south of the Luce Line Trail. Mr.
Butterfield would like an exception to the rec -endation. A
Secondary issue would be the setbacks. The
S:;.ndln5 upon ."“w^^^e'iriow.^d’.’oSrh 'V th\‘’\uV.'’*£in ”
;pp‘ro“ut. VetL'chs’-o??d"n.ed to be determine- The etandard
26' from the wetlands would apply.
Mr. rutt.rfleld pointed out the fact that prior to »PPlVi"|
?r. '■* ”n- ^“n^rr?t ”°5\‘orrrb‘drv“iVi:n
plication could take ly rights \h*%h. previously possessed
Re also commented that tnere are other lots south ot
minutes op the ORONO council meeting op march 27, 1989
ZONING PILE #1366-BUnERPIELD CONTINUED
Line that have accessory structures on them, '
njirficular that has a house being ccr.str ,;c-ed. .lr. But^e.rieia
exolained that he rarely encountered pedestrians on the Luce Line
tlmrof day, with the exception of Fall (leaves changing
color) and Sundays.
counci Imember Netties questioned whether the cross^ing of
r TrAil occurrsd bv p0d0stiri3ns or V0hicl0s. •
B^^erffeld responderrhat ’^he^ad crossed with tractors and
concern, as long as an accessory structure would be allowed.
Councilmember Petersen asked Mr. =
^“'"irt’h.\° he'wfa^conc«nVd °a boVt° t h? eVnt i”nued® u'sV o f the
^\b"\ity to Obrain peat. He said ^ “-id be
happy to comply with the recommendations made by the City
Englnear.
Assistant Zoning Administrator Gaffron informed the Council
that base*d upon their action, he had drafted specific language
thit would pertain to the Engineer's recommendation. The
language “°V^r%%\“n^"wlttr'"r*om" o"n \°he VorlLtly
pMp«ty and a conservation and flowage easement
Imtlzlnca • conditional use permit for the wetlands on the
property. Mr. Butterfield would then be required to
apply * conditional use permit.
Councilmember Peterson as i whether
successful in obtaining the conditional in
lo^iT Bernhardson replied that he was directed to do that in
1975*and that staff was recommending that Mr. Butterfield come
Jorth this time with that application, since the previous
approval had been for temporary use only.
Councilmember Callahan stated that it was his opinion, the
division and use of this property was “"i'’;!®- /*
• the extremely long and narrow outlot and felt that
CoSld bS s future request for a lot combination of th«
loSth of the Luce Line. He believed that the recommendation of
the Planning Commission ought to be followe .
Assistant Zoning Administrator Gaff ron *
•Specl.l tot CP-f V outloi* A 'to *em^i*n together.
it JouTd not preven?^ recpiest for reroning.
5?Ii fiat believe that would be a permanent solution to a possible
cilllhln r.Twr.ted his desire to follow the Planning
CoMieeion's recommendation to allow no accessory structures
south of the Luce Line.
Jy.
MINr -S OP THE ORONO COUNCIL MEETING OP MARCH 2'J , 1989
ZONlw^ PILE il366-BOT*-"ERPIELD CONTINUED
Mr. Butterfield mentioned that he wcuid be ./i 1 1 . ng to
orovidVan eVsemert from Lot 2 to the Luce Lina crossing a- d from
..>ja\nst
Apple Valley for disallowing the request.
It was moved by Acting Mayor Callahan to • cep- the
Planning Coinmis.. ion recommendations and that what ver need e
the southerly portion of Lo ^ There
Councilmember Callahan's motion.
was n c second
s moved jouncilmember Nettles# oec^ i*"
Councilmember Peter-on, to accept the Planning Cou
recommendations with the e.xception
in the form of a jizebo, be allowed on Outlot A w.th a i
50' setback from the Luce Line Trail and a 26' s.Jtback fro the
wetlands. Motion, Ayes“2, Callahan, Nay, Motion passed.
-•*e,
1 mum
11384 PRITZ GULLICKSON
99 SIXTH AVBMUE NORTH
VIUIATIOH
NB8OL0TION #2607
Mr. Gullickson was present tor uhis matter.
Citv Administrator Bernhardson explained that a subdivision
of thi, property had been done in 1986 but the existing
«d utility .,Ln>nts were not vacated. Ti.oue
interfere with the building envelope of Mr. Gullickson a
property.
There were no questions or concerns expressed on behalf of
the Council or the applicant.
Motion passed.
#1178 COR'^^IS OSTROM
4809 WkTdJmnt ROAD
VAHXANCB
■I8OL0TX0H 92808
Mr. Ogurbil, th
for this matter.
owner of -,C5 Watertown Road, was present
T%ere were no questions or concerns expres..* or behalf of
the Council or the applicant.
Cr. nell..»*bir"°.tti.s?toV;i^! ReJemion Vj1o6? side
y» »#^tback variance of 11*15". Motion, Ayes’-'B, Nays»0, Motion
To I Mayor Grabek & Orono Council Mer^bers
City Administrator Bernhardson
Froa:Mic''«iel P. Gaffron, Asst Planning s Zoning Administrator
Dates March 23, 19j9
Subject: #13*»6 Loren Butterfield, 3925 Watertown Road
Second Revie«>rf
Issues -
liiiisiiMfIfSi
Conmlssion. The issues have been defined as follows.
1. The applicant feels that allowing no accessory structures south of
the Luce Line is too restrictive. This is addressed in Item I below.
2. Applicant objects to the 100' ::etback for accessory structures
from the Luce Line Trail. (Planning Commission has since clarif
that on the north side of the Luce Line, accessory structure would
only be subject to the normal 10’ rear lot line setback.)
3. Applicant requests that specific language withit the Conservation
t Flowage Easement be revised for the southerly v *-ic.n^, and that no
easesMnt be required for the pond near the greenn«-u*>? operation. This
i.. addressed in Item II below.
List of Bxblb' ‘ *1
Exhibit
Exhibit^
Exhibiy^ ^
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G -
Exhibit H -
Exhibit I -
Exhibit J -
Exhibit K >
Exhibit L -
Exhibit N -
Exhibit M -
Exhibit 0 -
Exhibit P -
pplicant's Comments Rega .ling Resolution Conditions
Applicant's Proposed Easement Wording
Sraff Sketch of Location of Woods, Trail, 4 Peat Removal
Area in Relation to Luce Line Trail
Letter to Applicant of 3/20/»9 -./w/qq
HeffA 4 Exhibits to planning C >mmission, 3/14/8^
Letter to Applicant, 3/9/89
Letter to City Attorney Barreti 3/-, 9
List of Exhibits Sent to City A^ torney for Review
Letter to City Engineer, 3/6/09
Rile Documents Regarding 1975 Disc ’ssion of Peat Removal
Use
Draft Preliminary P*w "{.proval Resolution
Council Action Notl 2/28/89
Ccuncil Minutes, 2 89
Memo 4 Exhibits of ^/9/69
Applicant's Submittals Regarding Non-Conf^rmin^ accessory
Uses
Applicant's Greenhouse Operation Brochure
^rreie. ftiOAO guT-miF/eT-to
Zoning File #1366
March 23, 1989
Page 2 of 4
DiBCUSsion -
I* Accessory structures south of Luce Line* The reasons for Planning
Commission's recommendation to not allow any type of structures south of
the Luce Line were unclear to staff, hence the Planning Commission was
requested to restate those reasons at their i.eeting of March 20, 1989,
which they did. Their reasons for that recommendation are as follows:
A) Allowing accessory structures on the south side of the Luce Line
would encourage traffic across the trail, which would have a negative
effect on the trail and its users.
B) Perpetuating the use of this crossing will lead to a higher
potential for that crossing becoming a driveway to serve a future
house on the south side of the Luce Line; the Planning Commission
would prefer that this not ultimately happen.
C) The public access easement across the Luce Line './ill not be within
the boundaries of the new building site. This makes it impossible for
the property owner of the new building site to control his accessory
structures on the south side of the Luce Line.
The applicant suggests that the concern noted in C above could easily
be remedied by granting an access easement over Lot 1 and Cut lot B in favor
of Lot 2 and Outlet A. Regarding the actual amount of traffic crossing the
Luce Line, applicant notes that his current use of the crossing is no more
than a few times a month at the very most. Furthermore, he notes that
t.Hough the DNR will not likely grant an additional access point between Lot
2" and Outlet A, such an access is not physically possible due to ;he
topography. Re also notes that the easement is a public easement, allowing
anyone to cross the trail at the crossing point, hence Mr. Butterfield
certainly would have the right to grant easements across his property for
other parties to use the trail crossing.
Sraff would hesitate to recommend a reversal of the Planning
Commission recommendation, however. Council is requested to consider
whether, as applicant states, not allowing any accessory structures south
of the Luce Line is an unreasonable condition for this property. Note that
the total dry acreage of <^u*'lot A is 2.79 acres.
II. Wetlamda. The applicant has historically used the twe wetlands in
question for his flower growing operation. Specifically, the northerly
wetland was created by the applicant in 1953, by constructing a dike •cross
e swale area to create a 3/4 acre pond that at its deepest is about 10
deep. That pond subsequently was listed as a designated wetland by the
City in its mid-1970's delineation of wetlands. Applicant has used this
wetland for two specific purposes:
1, detention of run-off from greenhouse buildings - retains nutrients
and sediments also.
Zoning File #1366
March 23, 1989
Page 3 of 4
2. Re-use of water for plant growing operation as well as fire
protection.
The wetland occurring south of the Luce Line adjacent to and within
Outlets A S B, is part of a 50+ acre wetland complex northwest of Stubbs
Bay. Applicant's uses historically have included:
1. Peat removal for greenhouse use (not for retail sale of raw peat).
2. Water for greenhouse operation and fire protection during times of
severe drought.
Mote that past peat removals have resulted in a small pond within the
Joundary of the wetlands, that is about 80’xlOO' in area, or about 2/1 o
an acre.
The applicant has requested that the northerly pond not be subject to
a Conservation i Flowage Easement, and has requested that specific changes
be nade in the standard format Conservation s Flowage Easement wording for
the southerly wetland. Specifically, he wishes no new restrictions which
will hinder his historic uses of those wetlands.
Staff's Interpretation of the zoning code requirements is as follows:
1. Regarding the northerly wetland, removal of water for the
gr.anhousa oteratlon Is not strictly regulated by
although one could ta)ce a conservative view point and infer from the
code wording that such a use would not be allowed. Use of water for
Irrigation purposes is not listed as a permitted or conditional use in
the flood fringe district, hence one could ma)ce the interpretation
that water removal would require a conditional use permit per Section
10.55, Subdivision 10 (B) 4.
2. Regarding peat removal from the lower wetland, such a use anywhere
in Orono was prohibited by Ordinance 125, the wetlands ordinance
adopted in 1970. Such a use has required a conditional use permit
since that time. Applicant was advised in ^975 to *
conditional use permit for the peat removal 975, and would
have to make an application to the City, watershed district, and DNR
for all future peat removals. Such approval has never been obtained
by applicant.
Applicant's removal of peat occurs only every 3 or 4 years, and over
the past 35 years has resulted in opening up a f
the overall wetland. This likely has created good wildlife habitat where
such did not previously exist. There may be good
ultimately grant the applicant a conditional use permit for limited pear
l^miQVAl if such AH application is forthcomingf.
It
Zoning File #1366
March 23, 1989
Page 4 of 4
iiiiiiiPi
rastrictlons imposed by the wetlands ordinance take precedence over the
existing activities made illegal by that ordinance*
be received as of this writing, however the preliminary indicatio^ns are
at a low level of use as in the past, would likely not be detrimental to
the wetland but is probably beneficial to wildlife.
8taf^ llei iSMeiulnt 1 iin ~ . ^ ^ •'under the assumption that the above will reflect the recommendations
of the City Engineer, staff would recommend the following be considered to
conditions of final plat approval;
1. Applicant shall grant a drainage easement over the northerly pcmd.
The easement wording will allow continued withdrawal of water from the
northerly pond, and will require that the pond be maintained *n its
present condition.
2. For the southerly pond, applicant shall grant a Conservation fc
Plowage Easement, the conditions of which will be referenced as being
contained in the conditional use permit for peat removal. The
conditional use permit shall be applied for and the approval
completed prior to final plat approval. (This will allow applicant
some flexibility in his future possibilities for use .
giving the City a permanent easement for protection or the weriana.^
iry of issiMS to be addressed by Council:
A.Does Council wish to allow accessory structures south of the Luce Line
in either Outlets A or B?
B.Does Council agree with above recommendations for protection of the
wetlands?
ii
^ t
a
Planning Ccrnmissicn Chairman .<e*j.ey Oronc Flanning Ccrmissicn Mer.ners
City Administrator Bernhardscr.
Michael P. Gaffron, Asst Planning & Zoning AcministProffl
trator
Data:March 14, 1989
Subject:Loren Butterfield, 3925 Watertown P.cad -
Request ‘“ clarification cn Flanni.-.c Con-a-issicr. Reccr-aaendation
List of Exhibits
Exhibit A - AFplicant’s Letter
Exhibit Proposed Preliminary Plat
Exhibit^jC^ Proposed Plat Layout
bulldinq site near the 1*'^^® igoa Butterfield brcuaht uc a number of their meeting of February 1989. Butterfiei^
concerns during Se trocer-'v. hIs concerns relate to use of the
«t'lVn"dV/b2iVdLg setb\c£l%n^^ the condition that no buildings can be
constructed south of the Luce Line.
1. The agplicant has aTl«^^^^
rh'eTule'rinr O^nr^^ritYonal fact that^ -‘’:/“e\'d^s
SS?”.V‘tV’e"Lt“cj^L!ne^°i“s «“”rrVieTd'^. ‘iVc\“u%e^“?
SSreV^nV. Vu%t«irelV.snVn\V;i-ii r^tVat degre« and under OhR's
control to a much lesser degree.
Although this is attempt to convince Plan g
change their recommendation, it wi 11 be neiprui to reasons for
Council if Planning tc^.sorv t*-uc*ures be allowedrecommending that no structures or accessor/ s.-uc.ures
sor if th3 Luce Line.
II. A secondary ^ was%hrplannlnrio'iSSlV^^^
both Fri»*ry and the Luce Line
intent that accessory buildings o td » tvtical two acre
ro-t! ““/iVnV n-r
city would %V.ase clarify your intent regarding accassory
a^t“acVTon b“*h“tne north^n^d south sides of the trail and
give your reasoning'for your recommendation.
te-.
Zoning File #1366 March 14, 1989
Page 2 of 2
Mr
M
mu feels the south line of Lot 2 should not be
The applies _ ■ __„ fhe nrocertv continues across w..e
considered as a rear 5q. ge^back to the Luce Line for
trail. He would prefer a ^ ° p, re-state your views
construction of the does'"not specifically address Mr.
on this issue. The zoning the cit'' certainly has the
IV. Finally, note th.t the City "ute “t“ t“:
reviewing applicant's f /^d irrigation purposes. At this
designated wetlands for requested^to address these issues,time the Planning Coiranission is not requestea
m». >. .J. M,. ..
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tnn S>ui..-|.i Owiriir tn«ncd Cm pinlltl g.th in* Socin
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MIMOTES op REGOLAB ORONO COOMCIL KEETING PEBROARY 13, 1989
* r'% •
♦ - .— • i
#1366 LOREN BOTTERFIELD
3925 WATERTOWN ROAD
CLASS II PRELIMINARY SUBDIVISION
^^^^TJS^Afqministrator Bernhardson infornied the Council that Mr.
o7 property t\thin"'Vol
portion of th« application.
fA--
_ • A_ ^
mnA Aom have Vehicular access over the Luce Line. Outlet A
SS?h*n«trinrs^o”SVf^tJe Hce^Linl °k^Vl^nn?ng Commission
Vc?==cr 1 °=e^ v/e
nf. S?t.r%r”d“ ,* requesting that the pond in Lot 1 be excluded
from the conservation and flowage easement.
Mr Butterfield was present and explained that he huilt the
?sr?, \”:iVoL'^^ii?;o'’ld-i:!S?,lSo^g:!?SnV.°"
&i-^4npT Mavnr Ca 1 lahan stated that in his opinion the entire
wLVrv\Vion lnrMow\y?aiemen “^ssue."''*Cou^^^^^ Goetten
concurred .
It was moved by ;.cting Mayor Callahan, seconded byjsssno^rirMSssSnVr' ur.ii.
* •
'K-.
-!*•**/• • 9
- :
TO;Mayor Grabek
Orono Council Meirbers
City Aiministrator Bernhardsor.
FROM:Michael P. Gaffror., Asst Planning & Zoning Administrator
DATE:February 9, 1989
SUBJECT: #1366 Loren Butterfield, 3925 Watertown Road
Preliminary Plat Approval - Resolution
Zoning District - RR-IA, 5 acre
Application - Split off a 5 acre lot for apolicant's son to
construct a residence.
Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Planning Commission Action Notice Dated l-29~89
Planning Commission Minutes Dated 1-17-89
Memo 6 Exhibits of January 12, 1909
Draft Preliminary Plat Approval - Resolution
Discussion
Please review the Planning Commisison minutes and action
notice^ and the memo of January 12, 1989. Briefly, the
applicant is proposing to split off a 5 acre lot in order for his
son to construct a hom'e. The proposed 5 acre lot will contain
approximately 2 1/2 acres on t^ rth side of the Luce Line, and
2 1/2 acres on the south side. -oposed house site will be
on the north side.
At their January 17 meeting, P^ .ing Coiwnission discussed
depth the merits of creating a 5 acre building lot separated
.two parcels by the Luce Line Trail. Planning Commission
generally concluded that as long the building site parcel
contains a mxniiBum of 2 acres, and that t e property
configuration will allow for 100' setback from the Luce Line
right-of-way as well as allow for pri ^^y and alternate
drainfield sites, the separation is not a critical concern. The
Plann'^7 Coemission did place specific restrictions and
requirec>''mt8 for the outlets on the south side of the Luce L*ne,
as noted later in this memo.
The proposal leaves a 12 acre parcel with the Butterfield
Greenhouse operation. The access to the proposed new bui Jding
lot is to be via a 28* wide outlet along the east 7ron.*rty
boundary. This leaves a 1' setback from the existing greenhouse
structures* Planning Ccmitlsaion felt that this driveway outlet
location was appropriate, with the encrance revisions suggested
by the City Engineer, because it conlM provide for potential
future roadway t. serve the neighboring prop< rty to the east.
f •
i.
Zoning File #1366
February 9, 1989
Page 2 of 2
PI ming commission felt that the septic testing for this
orooe IS necessary, and recommended conditioning subdivision
approva on completion of appropriate testing Preliminary
borings had been comp ced early this winter,
could not be taken due o the frozen ground. The site evaluator
has oreliminarily indicated that septic sites appear feasible
within the proposed boundaries. Staff had initially recoi^ended
to Planning Co^ission tha^ • v- subdivision be approved «"th
requirement of septic t> efore a building permit <=ould be
issued. In keeping wix ;>lanning Commission's concerns,
staff is recommending tha timinary plat approval be J^anted
under the condition that arc deld sites be fully tested prior
to final plat approval. With this procedure, the property owner
hak the ability to complete his survey work and submiw it to the
county Engineer for preliminary approval, while taking a slight
risk that, although not anticipated, septic testing might
indicate the need for minor lot line revisions.
Planning Conmisaion Reconmendation
At their January 17th meeting, Planning Commission voted
6 to 1 to recommend approval subject to the nine conditions noted
in the Notice of Planning Commision Action (Exhibit A
Staff Keci tndation
Staff recommends approval per the reco-^mendat n of the
Planning Commission. A resolution '•-r preliminary v'ac approval
is attached for Council review.
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MINOTBS of the planning commission meeting JANUARY 17, 198S
ATTENDM Planning Commission met on the above date with the
following members present: Chairman Kelley; Planning Co^ission
members Johnson, Bellows, Brown, Cohen, Hanson and
following represented the City staff: Building and «oninq
Administrator Mabusth, Assistant Planning and Zoning
MZini.«.tor Gaffron and City Recorder Scheffler. Council
Representative Edward Callahan, Jr, attended and CounciImember
Goetten was also present.
#1366 LOSBI BOTTBRFIBLD
3925 NRTERTOmi ROAD
f»TAgg II pRBLimHART SUBDIVISION
PUBZilC RBARIH6 7s00 P«M. “ 7:35 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. Butterfield was present for this matter.
Assistant Planning and Zoning Administrator ^afiron
explained that Mr. Butterfield was requesting to subdivide a 5-
acre dry buildable lot from a 17 acre parcel. The applicant is
proposing to use Outlet C, which is 28’ in W3.dth,
the new lot. The accessory structures on Lot 1 will no longer
meet a 10* side setback, but will be only 1’ from the new side
lot line. Outlot A and Lot 2 will be subject to a special lot
combination, yielding a 5-acre parcel that cannot be separated.
ThsTDNR has indicated that they have no specific setback
requirements from the Luce Line Trail.
Chairman Kelley asked whether the lot to the south of the
Luce Line could ever be accessed from the south^. ”5*
stated that he had a right-of-way agreement with the DNR to allow
crossing the trail.
Planning Commissioner Bellows asked for the combined total
of Outlots ^B and A? Gaffron replied that it would total
approx^tely 3.5 dry acres. Bellows expressed her
the Luce Line Trail dividing the property. Mr.
interiected that the Luce Line was in a deep cut at that
location. Planning Commissioner Hanson
ramifications of dividing the property in such a
explained that the code section allowed 5
L? S SlilittS Another cod. .action addre.... the
issue of a lot being split by a road or road easement. Th^
would bring forth the question of whether the Luce Line woul
considered a public road or a public road easement.
Bellows, Hanson and Kelley expressed their concerns and
reservations about the involvement of the Luce Line ^
ISbdlvlsion Bellows asked whether building restrictions could
Sf^llced^upon tieTSts to the south of the Luce Line. Her main
F
MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989
ZONING FILE #1366-BOTTERPIErD CONTINUED .
Objective was to discourage any further crossing of the Luce
Line.
Kellev asked whether it was the concensus of the Planning
commission to have Out lot B combined with Lot 1, and combine
oS^lot i with Lot 2. Hanson asked Mr. Butterfield why Outlot B
Sid not go with Lot 2. Hr. Butterfield replied that he wanted
maintain access to Lot 2. Gaffron observed that Outlo^ A
only briccessible by foot, given that the crossing
easement would not be within the new lot. Mabusth asked the
?om«is^^^^ to consider whether there were « ny
Alternatives to this proposal. Kelley recollected an application
2h«racJ«s was allowed through a wetland area. Mabusth
reminded Kelley that the Dim would not *1^°“ ^2^2alternatives were available. Kelley commented that Outlot A was
landlocked. Brown mentioned that the building enve ope
Outlot A was severely limited.
Planning Commissioner Hanson commented that after thorough
eonsideration# he had no problems with this application, ^^th the
««ption^orsetting fofth a specific provision pertaining to
access.
Setback requirements were another issue to
Gaffron stated that the Planning Commission should
.Sthacks from the Luce Line, since the lot configuration both
SidM of the Luce line made questionable the interpretation of
which Is the "rear" lot line. The other setback concern
the fact that the greenhouse would be located only 1' from Outlo
C.
Kelley observed that the Luce Lire Trail was staked
considerably wider than the trail that is actually
Bellows added that the Trail was actually 100 ft., .
travelled oortion was only 10 ft. Cohen believed that
setback from the Luce Line should be 100 ft. All other Planning
Commissioners concurred.
Johnson suggested designating Outlot C as a driveway
to resolve the problem with the greenhouse location.
The remaining Planning Commissioners agreed that would solve the
^oblem. Gaffron stated that such a
^he citv with any access for future development of adjacent lots.
Sllwe^noted that this was a special condition and «here Outlot
C coold normally be considered a driveway easement, it »h®u^d be
designated as an^outlot only for future planning considerations.
Gaffron stated that technically a 10* lot
would be required due to the property not meeting the
IdditlSS* thJ city Enlin.mr had sogg.ated that tha «*i*ting
IAmm wh.A Out l2t C and Watertown Road intersect may need to be
?2 ”*gn2d so It would be perpendicular to Watertown Road.
I
MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989
ZONING FILE #1366-BOTTBRFIELD CJNTINUBD
Planning Couunissioner Brown mentioned the fact that the
percolation testing had not yet been done- Gaffron stated that
soil borings were taken and preliminary testing indicates that
?Se soils were typical for the area. Before Mr. Butterfield can
obtain a building permit, the perc tests must be performed.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Bellows, seconded by
Si "
septic tests. Gaffron added that this matter would not go before
the Council for final plat approval until such time as those
results were determined. Motion, Ayes-6, Cohen, Nay, Motion
passed.
*1334 SI715 waaaa
nr RBBBRS
IN ROND
OOMDXTZOnL USB FBRMIT/PRD AND
this matter, as was Mr. Stephen
Pflaum and Mr. Robert Kost, representing Mr. Rebers.
*onin9 Administrator Mabusth reviewed for the Planning
ComaisSion the reason why Mr. Rebers was back
Citv Council, at their December 12, 1988, meeting, had amended
the subdivision proposal to have only 4 lots long the northern
Mopirty line rather than 6. This realignment
pad size on each of those four lota to increase
The Council referred this matter back to the Planning Commission
S ha ™ them review and determine if there was a need for
additional controls on those lots because of the larger
bSlldln^ jids! Councllmember Goetten
Se buildSg pads on those 4 lots decreased to limit the size of
hosies that could be built.
Planning Commissioner Bellows believed ,
have Uen a more equitable solution. She stated that in nearly
all subdivisions, lota had their narrow dimension to the
and were deeper. This allowed for more lots and less J^reet
nv ttsino a 4-lot proposal, there has been a creation
of ••bnoiiwl lot,* boeau*. thoy bav. more
would allow for mor. d.naity in that area than fiv. would
s:;;r.rV.iTn%";thVco"uVoiV:it%“rrVcV.s.jn‘di:io^^
lota along the northern boundary. Planning Comniasioner Johnaon
concurred.
Planning Commissioner Hanson asked for a comparison of lot
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To:
• •
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
Froa:Michael P. Gaffron# Asst Planning & Zoning Administrator
Pate:January 12, 1989
Subject: #1366 Loren Butterfield, 3925 Watertown Road -
Preliminary Subdivision - Public Hearing
Boning District - RR-IA, 5-acre
Application - Split off a 5-acre lot for applicant's son to construct a
residence.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map With Wetland Map Compilation
Exhibit C - Property Owners List
Exhibit D - Survey ,
Exhibit E - Proposal With Building Envelope Added
Pertinent Pacts -
1.
the proposed lot.
2.Applicant intends to keep Outlot B with his main parcel, shown as Lot
1 on the survey.
3.Lot 2 is proposed to be served by an access driveway shown as Outlot
C. This outlot width is shown as 28', which is proposed due to the
existing greenhouse buildings being 29' from the east lot line.
if':
prevalent in this case.
i.
4£vision. Such a future widening of Outlot C would likely require
reaoval of portions of the greenhouse operation.
Side setback, they will be set back only 1' from the new side lot
line. This requires a variance.
L J._ _ _.
Zoning File #1366
January 12, 1989
Page 2 of 3.
Secondly, Lot 2 and Outlet A are intended to be considered as a single
5-acre parcel. Lot 2 contains 2.44 acres and Outlet A contains 2.79
acres of dry buildable area, for a total of 5.23 dry acres. This
meets the letter and Intent of the subdivision code which requires
that at least 2 of the 5 acres of dry land must be contiguous.
The applicant intends that the building site on the new lot will be
within Lot 2 on the north side of the Luce Line Trail. The building
envelope for that portion of property is shown in Exhibit E. Planning
Commission may wish to consider whether the setback from the Luce Line
should be 50' or 100'. In either case, this is an appropriate
situation for use of the "special lot combination" document which is
simply a resolution that recognizes the common relationship between
Lot 2 and Outlet A, and which places a prohibition on selling Outlet A
separately from Lot 2.
6.
I'[s-
City Engineer Glenn Cook has reviewed the access location where Outlet
C intersects Watertown Road. This is an existing driveway that
serves the greenhouse operation. The Engineer has suggested that the
access be ^moroved to create a more level and perpendicular access to
If^t^rtown Road. This can be accomplished within t :e property
boundaries.
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Mr. Butterfield has operated the commercial greenhouse on this
crouerty under a conditional use permit since 1972, althcugh the
operation existed many years before that before a conditional use
permit was required. City files indicate that no limitation or
conditions have even been placed on the min\mum size of the property
necessary to accommodate the operation, although in the ^
S-acre "farm operation" standard was apparently in effect. The
current greenhouse operation would appear to use less than 1/3 or tne
12 acres remaining in Lot 1, hence splitting off the 5 acre parcel
for a single building site will have no effect on making the current
Conditional Use Permit.^ Note that i^ this was considered as a crop
farm", the minimum Cond^ional Use Permit standard for acreage is 10
acres. C_
Dloonssion -
The applicant states that he has no intent at this time to further
subdivide Lot 1, and is only applying for the current subdivision in order
that his son can build a home on the property.
that the north right-of-way line of the Luce Line
considered as the rear lot line for Lot 2, and a 100' setback should be
observed. The DNR has been asked to verify what setback they want
siaintained from their right-of-way, but no answer
Also* if a 100' setback from the Luce Line isthe 26* wetland setback the buildable envelope in Outlot A is minimal a
m
Zoning File #1366
January 13, 1989
Page 3 of ^
staff would suggest that a stipulation be placed on the property
^hat no crincipal residence structures may be constructed within Outlet A,
and Planning Conunission may wish to consider whether accessory structures
should be allowed on Outlet A.
areas of Lerdal and Kilkenny soils over most of the area of Lot 2, both of
which are normally suitable for mound-type systems. Slopes on the south
Side of the Luce Line would generally prohibit mound systems. The site
evaluator has indicated that he feels that there are a number of suitable
sites for mound systems within the proposed Lot 2 boundaries. Testin^g
would certainly be required before a permit for a house would be issued.
However, staff is comfortable in going forward with this subdivision
without requiring full percolation testing.
Staff He ir o—sndation -
Staff recommends approval of the preliminary subdivision for Loren
Butterfield, subject to the following conditions;
1. A special lot combination resolution shall be filed for Lot 2 and
outlet A, specifying that the 2 parcels must be sold as a unit.
2, Likewise, a special lot combination for Lot 1 and Outlet B should
be required.
"Kv'
3. Outlet C shall act as a private driveway access serving Lot 2,
The owner of Lot 1 shall remain the owner of Outlot C as a condition
to Lot 2 shall be executed by the owner of Lot 1 and Outlot C.
■V.
4 Th0 driveway access where Outlot C Intersects with Watertown Road
be upgraded per the recoininendatlons of the City Engineer o
A perpendicularf flat access entrance*
r-
m 9# variance is granted for setbacks to the east line of Lot 1
for the existing greenhouse buildings. The setback normally require
for those structures would be 10* from the side lot line.
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6. Th. .pplicant Is advised that any future subdivision of 1;°* J
s;str.->.ritrfVr-.s*".\s;^
p-oYi-cV t%“-^;nsS!!Jitr ‘.cUs^“erren-reiritl‘e*;‘%ir‘ iUTy
purposes.
I'
7. Septic testing will not be required for the proposed building site
until ^such time that a building permit is applied for, since the
crorertv In Question exceeds 5 total dry acres in area.
APPLICATION NO. 1606, 1659, 16
CITY OP ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TOi Tom Judd
Lambert & Boeder
1000 Superior Blvd, Suite 1300
Wayzata, MN 55391
COPIES:
NOTICE OF COUNCIL ACT^fN
Date of Notice: 8/19/^*
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
%
TYPE OP APPLICATION:Variance
Conditional
Vacation
Use Permit
DATE OP NEETINGi VOTE:For Against
^ • I nClL ACTION - MOTION:
To table all action on the above referenced applications until an
authorized representative of Big Island, Inc. is able to appear before the
Council. Per our recent phone conversation, you confirmed that you would
be able to attend the August 26 meeting of the Council. Your applications
have been scheduled on the agenda for the Council meeting of the 26th.
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To:Planning Commission Chairman Kelley
Orono Planning Commission Members
Acting Administrator Gejhardson
From:
Date:
Subject:
Jeanne A. Mabusth, Building & Zoning AdministS^(
July 16r 1991
''.V♦1665 Thomas McCarthy - 1424 Baldur Park Road -
Variances - Referred Back to Planning Commission for
Further Consideration
Soiling District: LR-IC
Idst of Bxhibits
Exhibit A - Site Plan/Existing
Exhibit B - Site Plan Alternative A Excluding Overhang
Exhibit C - Site Plan Alternative B
Exhibit D - Site Plan Alternative C
Exhibit E - Chart of Alternatives
Exhibit P - Site Plan Alternative D Current Request
Exhibits> Addendum Submitted for Orginial Review by
Planning Commission
Description of Request:
At the August 12th meeting of the Council, applicant
prepared graphic sketches of the other options for improvements
discussed at Planning Commission. Review Exhibits C & D.
Council concurred with the majority opinion of Planning
Commission and advised that it was the structural Intensity of
the improvement that presented the problem and advised applicant
to revise improvment plans for additional review by Planning
Commission. Please note as with the second review at the
Planning Commission the overhang has no longer been included ^1^^
the improvement project. The applicant has submitted a revised
plan for Planning Commission consideration. Review Exhibit F,
^he current plan involves construction of a new construction of
accessory structure and removal of former. The new garage is 24'
X 23* 4" . In addition to hardcover and street setback
variances, the proposed garage will be 4* from the west lot line,
i^aquiring a side setback variance for new construction. The
gravel area remaining will provide parking for at least one off
site parking stall. Please review comparison chart submitted by
applicant (Exhibit E), note the following structural hardcover
changes with each application.
Existing “ 344 s.f.
Scheme A original proposal
SchesMt B «■ 576 s.f.
Scheme C " 672 s.f.
Scheme D (current request)
» 682 s.f
560 s.f.
With the new alignment of the garage the sidewalk can now be
placed in a straight alignment to the access door resulting in a
decrease in hardcover. The tree c .n also be retained and the
issue of access to the building is now reduced with the open
corridor on the east side.
Zoning File #1665
August 16r 1991
Page 2 of 2
Pertinent Ordinances
Section 10.25, Subdivision 6 (B) -
a. Street Setback
Required » 30'
Existing ■ 3'
Proposed ■ 3+'
Variance ■ 27* or 90%
b. Side Setback
Required » 10'
Existing » 1'6"
Proposed = 4•
Variance » 6' or 60%
Section 10.22, Subdivision 2 - Hardcover Variance 75-250'
Allowed » 2,223.5 s.f. or 25%
Existing ■ 2,408 s.f. or 47%
Proposed with Scheme D, Exhibit F * 1,666.6 s.f.
or 36.4% total net reduction of 541.35 s.f. or
10.6% of hardcover.
Applicants Bardships statement
Review Exhibit G, original addendum submitted at time of
first review.
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Zoning File #1665
Page 3
Additional Coanents and Planning Coondssion Reconaendation -
August 22, 1991
As the intensification of structures on this severely
limited site became the major issue for the review, staff
prepared the following analysis of existing and proposed
structural improvements in relation to the lot coverage ordinance
as follows:
Section 10.03, Subdivision 14 C - Lot Coverage.
Total Area - 8894 s.f.
Allowed - 1334.1 s.f. or 15%
Existing ■ 1469.95* s.f. or 16.5%
Original Scheme A *= 1607.95 s.f. or 20.3%, increase 3.8%
Current Scheme D « 1685.95 s.f. or 18.9%, increase 2.4%
* Principal structure = 971.95 s.f.
Gazebo ■ 154 s.f.
Garage Areas > 344 or 682 or 560
Exception - Structural area allowed for prinicipal structure
and garage on any lot with less than 1.99 acres per Section
10.01, Subdivision 14 (C).
Allowed « 1500 s.f.
Existing - 971.95 s.f + 344 «
Original » 971.95 s.f. + 682
Current » 971.95 s.f. + 560 ®
1315.95 s.f.
= 1653.95 s.f.
1531.95 s.f. *
» 153.95 s.f. or 1.7%
31.95 s.f. or .36%
The applicant's consultant, Mr. Mularoni advised that it
would be no problem to meet the 1500 s.f. standard of the code
and would reduce the dimensions of the proposed garage by 1.4*.
The final garage would now be proposed at 24' x 22' with a total
area of 528 s.f.
Final structural hardcover for residence 6 garage is now:
Allowed " 1500 s.f.
Proposed « 971.95 s.f. + 528 s.f. = 1499.95 s.f.
Lot coverage variance is amended as follows:
Allowed ■ 1334.1 s.f. or 15%
Existing ■ 1469.95 s.f. or 16.5%
Proposed “ 1653.95 s.f. or 18.5%
Increase of 2% of structure
a^
Zoning File 11665 August 22, 1991 Page 4 * {
The Planning Commission unanimously voted to approve the
multiple variance application as amended based on the finding
that the exception to the lot coverage standard of a 1500 s.f.
allowance for both principal and garage structures have been met.
The enclosed approval resolution has been drafted per the
approval recommendation of the Planning Commission. The multiple
variances are as follows:
A.X 7' )
B.
Replacement of existing deck (29* 4
Lakeshore setback variance
Required « 75’
Proposed » 60*
Variance « 15* or 20%
Section 10.22, Subdivision 2 - Hardcover, 0-75*
Area ■ 3769 s.f.
Allowed * 0
Existing = 316.15 s.f.
Proposed * 316.15 S.f.
Construction of new detached garage (24* x
Street setback
or 8.39%
or 8.39%
22* )
Required
Existing
Proposed
Variance
Side setback
Required
Existing
Proposed
Variance
30*
3*
3*
27*or 90%
10*
1 1/2*
4*
< 6* or 60%
Hardcover variance within 75-250*
Allowed * 2223.5 s.f. or 25%
Existing ■= 2408 s.f. or 47%
Proposed - 1834.5 s.f. or 35.7%
area
Total net reduction of 573.4 s.f. or 11.2 % hardcover
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total Hardcover Rcdticiion w 300 242 350
20^Vrcc To Be Remove*]X no yes no
Demo Existing Garage /\no yes tmmi
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1057 1305 1097
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Parlilno A««a .:-Mi t»3 344 144
Sl«l4H*al% A««S 141 305 241
lotal lljidcovcr Kcduclion w 390 242 350
2(Tlict; lb Do Rcmovcii X no yc5 no
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Pafkine A«e«103 364 144
SiUevwsik Ar««IM 103 265 301
lo(al Hardcover Kcduciioii a 390 242 350
Itrirvc ‘Id Be Removed X no yes no
Demo liAisliiiK Carat;c /\no yes »IM«f
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Sitlaeralk Area w t03 2G9 201
loul Hardcover Reduction
2Crrrcc ‘Id Be Removed
Demo Cxisiiiia Garui'c X 390
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Total Hardcover Area
Garage Area
Parking Area
Sidewalk Area
Total Hardcover Reduction
20mree To Be Removed
Demo Existing Garage
1447
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849
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1057 1205 1097
682 576 672
193 364 144
182 265 281
390 242 350
no yes no
no yes 1,7,"{
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523
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A Additional Sideyard Variance Needed 8-14-91
M I C H I A L M U L A R
ARCHCTiCTS PLAN NfNC CONSUITANTS
■—— -
7A.10 Curr«l| Blvd. • Suit* 300 • Woodbury MN SS12S • («12)731-283l
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MU L A R O N 1 iASbOCIATfS
June 19, 1991
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Planning Commission Members
City Staff of Orono
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RE: 1424 Baldur Park Road. Crystal Bay
North Arm of Lake Minnetonka, VARIANCE REQUESTS
Variance to Build Garaoe within 30* Required Setback
The hardship and description of unusual property conditions are due
the following:
1.
2.
3.
4.
Extremely small lot and lot width of 50' requires door to face
the road causing the need ter 30' setback.
Desire to add the ability to park two cars indoors.
If .we maintained a 30' setback and a 20' depth on the garage, we
would require a setback variance from the house.
A 20“ hardwood tree is being protected and preserved by not
sliding the garage back any further. Approximately 80% of the
"root zone arention" is being maintained with this proposal.
Hardcover Varience. 75* to 250' Zone
The hardship and description of unusual property conditions are due to
the following:
1.
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The existing lot is small. Even though the existi.ng house and
accessory buildings are very modest in size and no plastic
sheetino or fabric has been used or proposed, the ''Hardcover" is
currently 47%. This proposal will reduce that ration to 39.1%
by removing and incorporating the existing "rock" parking
"surface' and sidewalk. Approximately 405 sq. ft. of sidewalk and
parklna surface is being removed and landscaped. The remaining
sidewalks-- - - - west of the existing single car garage will be
.1" incorporated under the "new roof. The new drive will be
bituminous.
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M I C H I A L M U I A R I
ARCHITICTS PLANNING C O N SUIT* NTS
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76S0 Currell Blvd. • Suit* 300 • Woodbury MN S512S • ((>12)7M 2S31
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City Countil Members
Planning Commission Members
City Staff of Orono
June 19. 1991
Page Two . .
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•;• /
Hardcover Variance. 0»75* Zone for Peck Reconstruction
The hardship and practical difficulty and unusual property conditions for
this hardcover variance are as follows;
1.
2.
The lot width does not allow for the deck co be relocated to one
side or the other.
This existing amenity already totally lies within the 0-75' zone
and there is nothing to be done to change this.
3.The reguest is to reconstruct a wood deck level with the finish
floor over the exact existing deck area which is now one step
beelow the finish floor of the house. The existing deck area is
in disrepair and uneven.
All of these above issues would result in undue hardship or practical
difficulty if strict enforcement of the zoning regulations were imposed.
Also, the unusual property conditions noted above prevent compliance with
zoning code requirements.
Thank you for consideration of these applications for variance.
-Michial Mularoni, Architect
. . .
V./
Tom McCarthy, Owner
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A RBSOLDTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
8BCT10H 10.22, SUBDIVISION 1 AND 2,
SBCTIOH 10.25, SUBDIVISION € (B) AND
8BCTION 10.03, SUBDIVISION 14 (C)
FILE #1665
WHEREAS, Thomas L. McCarthy (hereinafter "the
applicant") is the owner of the property located at 1424 Baldur
Park Road within the City of Orono (hereinafter "City") and
legally described as Lot 9, Block Ir BALDUR PARK, Hennepin
County, Minnesota (hereinafter "the property"}; and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Cooe Section 10.22, Subdivisions 1
and 2 that would permit the recov.struction of an existing deck at
29* 4" X 7* located within the 0-75' lakeshore protected area
located $0* from the shoreline and at a total area of 205.8 s.f.
where no structure classified as hardcover is allowed. The
applicant proposes a 22* x 24* detached garage requiring side and
street setback variances per Section 10.25, Subdivision 6 (B) and
hardcover variances within the 75-2 30* setback area per Section
10.22, Subdivision 2. Applicant also seeks approval of a lot
coverage variance for the proposed improvements that would result
in a 2% increase in allowed structural coverage. Existing
structural coverage equals 1,469.95 s.f. or 16.5%, proposed
equals 1,653.95 s.f. or 18.5%.
HOW, THBREPORB, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1.
2.
This application was reviewed as Zoning File #1665.
The property is located in the LR-IC, Lakeshore
Residential Zoning District requiring 21,780 s.f. or
1/2 acre in area. The property consists of 8,894 s.f.
or .204 acres.
3.There exists 316.15 s.f. or 8.39 % of hardcover within
the 0-75* lakeshore protected area. Applicant proposes
replacement of a deck consisting of 205.8 s.f.
Page 1 of 4
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4.
5.
6.
7.
8.
A single stall detached garage exists on the property
located 1 1/2’ from the east side line and 3’ from the
street lot line. Applicant proposes a new detached
garage to be located 4' from the west side lot line and
3' from the street lot line.
Applicant proposes the removal of existing hardcover
resulting in a net reduction of 573.4 s.f. or 11.2%
hardcover.
The Orono Planning Commission reviewed this application
on July 15 and August 19, 1991 and recommended approval
of the amended variance application based upon the
following findings:
Total structural hardcover for residence and
^airage is allowed at 1,500 s.f. Applicant
proposes 1,499.95 s.f.
Proposed improvements will result in a net
reduction of 573.4 s.f. or 11.2% in hardcover.
Existing hardcover is at 2,408 s.f. or 47%.
Hardcover is proposed at 1,834.5 s.f. or 35.7%.
The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district?
that granting the variance would not adversely affect
traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property? would not
merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or
difficulty? is necessary to preserve a substantial
property right of the applicant? and would be in
keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by City staff, comments by
the applicant and the effect of the after-the-fact
variance on the health, safety and welfare of the
community.
Page 2 of 4
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Sections 10.03, Subdivision 14 (C), Section 10.22,
Subdivisions 1 and 2 and Sect!->n 10.25, Subdivision 6 (B) to
permit the replacement of an existing deck within the lakeshore
protected area and the construction of a 24* x 22* detached
garage within the street yard, subject to the following
conditions:
1.All final improvements of this property are shown on
Page 6 of this resolution. Applicant will be in
violation of this approval resolution if all existing
hardcover scheduled for removal has not been completed
upon final inspection of the building official for new
construction.
2.Authorities granted by this variance run with the
property not with the applicant, but are permissive
only and must be exercised by application for a
buildxpg permit within one year of the date of Council
approval, or this variance will expire on that date
(August 26, 1992).
3.Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
4.Thf undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on
behalf of herself, her heirs, successors and assigns,
hereby agrees to the recording of this resolution in
the chain of title of the property.
Page 3 of 6
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Adopted b. the City Council of the City of Orono,
Minnesota it a regular meeting held on the 26th day of August,
1991.
ATTESTI
Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
8TA’ B OP MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Instrument was acknowledged before me on
this 26th day of August, 1991, by Barbara A. Peterson 6 Dorothy
M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
Page 4 of 6
STATE OF MINNESOTA )
) 86.
COUNTY OF HENNEPIN )
On thin day of 199
before ne a Notary Public within and for said county, personally
appeared
known to ne to be the personCs) described in and who executed the
foregoing instrumentf and acknowledged that he (they) executed
the same as his (their) free act and deed.
STATE OP MINNESOTA )
)8S,
COUNTY OF HENNEPIN )
Notary Public
On this day of _ _ _ _ _ _ _ _ _ _, 199
before me a Notary Public within and for said county, personally
appeared
known to me to be the person(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
Page 5 of 6
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To:Mayor Peterson and City Council
Acting City Administrator Gerhardson
\
V.
Jeanne A. Mabusth, Building & Zoning Administrator
Dates August 22, 1991
8ub;)acts 11666 Michael Hllbelink, 2180 Prospect Avenue
Renewal Variance - Resolution
idst of Bzhibits
A - Amended Survey per Staff
B - Newly Executed Drainage and Utility Easement &
Drainage Easement
C - Former Easements Executed by Applicant
D - Jentilucci Letter 7/25/91
E - Resolution #2839
P - Amended Resolution per Council's Directive
6 “ Letters Testamentary
H - Curtis Death Certificate
Review of ^iplicatlon
At your July 22 meeting the adjacent neighbor to the north,
Dianne Jentilucci» questioned the omission of wording in the
current resolution that would have protected the drainage swale
within the 15' easement along the northern border and any further
encroachment into their property for drainage Improvements.
Council directed staff to draft the appropriate language for
inclusion within the current resolution, finding the conditions
to still be appropriate for the current review. The additional
language has been added. Please refer to Condition 4 of the
amended resolution, Exhibit F.
Since the Council meeting, staff met with Alex Jentilucci to
review the easements granted by Mr. Hllbelink at the former
review. Although filed by the County, Mr. Hilbelink's
representation as sole o%mer makes the easements invalid as Mr.
Bilbelink has never had a recorded interest in this property.
Since the death of Mr. Curtis, the property has been tied up in
probate court. Helen C. Morrison was declared a personal
representative for the estate. The City has asked that Mr.
Bilbelink provide newly executed easements by Ms. Morrison and to
provide the necessary proof that Ms. Morrison is indeed
recognized as a legal personal representative. Review Exhibits
B, G and H. Tom Libera of Popham, Raik has been asked to review
the documents and the validity of the easements executed by
Morrison. Mr. Libera confirmed that since the Letters
Testamentary was executed on July 8, 1991 that the current
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Zoning File #1666
August 22, 1991
Page 2
easements executed on August 9, 1991 are valid. Minnesota
Statues 524.3-711 require a 30 day period from the execution date
of the registrar. Copies of the current Drainage Easement and
amended resolution will be sent to the Jentilucci's as requested
in their letter of July 25, 1991, Exhibit D.
Staff has been advised by John Gerhardson that he had
previously informed Alex Jentilucci that there were no formal
drAwn plAiiB for th6 swaIo instAllod along the northern border of
^he subject property. Staff would advise that the controls
placed by Conditions 1(C), 4 and 5 of this resolution would
prohibit any alterations proposed within the 15* drainage
As the drainage improvement has been installed by the
Cityr it will be the City’s responsibility to maintain the
drainage structure. If Council requires a drainage plan for this
Improvement, the City Engineer’s office should be directed to
provide a plan of the existing drainage facility. Review Exhibit
X. This was the plan submitted by Bonestroo for the ditch that
drains to the west within the French Creek plat. There have
never been sketches drawn for the drainage swale within the
eastern portions of the project.
The enclosed resolution as amended is present for Council’s
review and action.
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LEGAL DESCRIPTION:
All that part of the Northeast Quarter of the South
west Quarter of Section 10, Township 117 North, Range
23 West of the 5th Principal Meridian described as
follows: Beginning at a point on the west line of th(
Northeast Quarter of the Southwest Quarter of said
Section 10 515.625 feet north of the southwest corner
of said Northeast Quarter of the Southwest Quarter;
thence North 130.00 feet; thence East 200,00 feet;
thence South 1 30.00 feet; thence V/est 208.00 feet to
the point of beginning.
GENERAL NOTES
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Denotes cross chiseled in concrete
t 939.7 Denotes eKisting spot elevation
Denotes proposed spot elevotion
4--------- Denotes surface drainage
Doshsd contour lines denotes proposed features
Solid contour linos denotes existing features
Proposed top of foundation elevation = tofc.D
Proposed basement floor elevotion = 96.8
Proposed garage floor elevation « )0t. 6
BENCHMARK:Xnv. oC sl#r»n scw€f CA^h
near NtV (smer of
ftbavc proprrly. Assumfti * |oo.o,
ALL-METRO LAND
SURVEYORS
2340 Doniets Street
Long Lake, Minnesota 55356
Ph: 475-1433
1 hereby cerilfy that thie survey, plan or report
wot prepared by me or under my direct supervision
and thot I om a duly Registered Lend Surveyor
under the lowt of the Stole of Minnesoto.
J
DATE
FILE NO.
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DRAINAGE AND UTILITIES EASEMENT
THIS INDENTURE, made this V’ day of (^> c _/ 19^, by
and between Helen-C- MorrisorT ______________^___________________
hereinafter referred to as "Grantor(s)", and the City of Orono, a
municipal corporation, under the laws of the State of Minnesota,
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, quit claim and convey to grantee, its
•ucceesors and assigns, a perpetual drainage for drainage purposes and
for construction and maintenance of utilities, together with ingress,
egress and access thereto, on, across and under the land in the County
of Hennepin and State of Minnesota, as follows:
Exhibit A, Attached
The Owner does covenant that the owner is in possession of
the above described property and easement and has lawful1 right and
authority to convey and grant the easement herein granted.
State Deed Tax Due Hereon: Exempt
IH TESTIMONY WHEREOF, Owner has hereunto set owner's hands
the day and year first above written.
6’.^.
Helen C. Morrison
STATE OF MESOTA
COUNTY OF HENNEPIN
) SS.
. »ot..y Public w£thTn ana for P””"*“i: Slr^.Vnut
day of August 19 91 before me
m C Morrlaon
In an
known to me to be the per son (s)
who executed the foregoing instrument, and
. . ______________ Wf ..described in and wno executea »-f4c —; i ' .
acknowledged that he (they) executed the same as his (their) free act
and deed.
N^
MY COmiSSION EXPIRES
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exhibit a
*' • r* for the follcwihg described property:Drainage 4 Utility Easemen. for the
_ _c _, ,_-^rd Utility Durooses over, under,
and a«ors*^e"southerly *10.00 ^feet and the westerly 5.00 feet o
the following described property.
All 10® To^i^hip^^l^7''Nr;lh,ia;g^^SnS ;^rirc!pri%«idlan
«t a point on the °‘ion 10 51S.625 feet north of
Srr^uth^tf “orner^of u"cf Oo “f ee\“;“t\“n=V East
irroTf^UnhVnV. ^^^t^tl'enc-e West 200.00
feet to the point of beginning;
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DRAINAGE EASEMENT
THIS INDENTURE,made this
I9^^l r between_ _ Helen C. Morrison
Councy> ot■ ’ orida _ _ _ _
and
day of (L^ ^of the
and the State of
, on behalf of themselves,
assigns. Thereinafter referred to as
WITNESSETH:
owi - in consideration of the sum of One Dollar (SI.00) and
u A t/jiiuable consideration to Ov;ner in hand paid by the City,other good and val whereof is hereby acknowledged, does
Grant, Bargain, Quitcl. .jg^gnt over and under and across
STCg"auTaesVr%%^* ?n Attached hereto, (hereinafter
described as Land)#
S id easement includes the free right of the City
agonts to «nj« u^^n. under -Vu^tur^%h‘erefro^ i
TE^tVroi'atJVh^^^^^^^
naterial.
The Owner agrees to the following:
A.Mn trees, shrubs or other vegetation shall be
destroyed, cut or removed from the Land except as
authorized by written consent of City.
B.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 J^^avation of any
nature whatsoever or any change of the topography of th
Land without the written consent of city.
C.M« soil sand, qravel, or other substance or material as
?«d£lll shall’b. Pl»«<'' l“P/l.%u“.'Vl»?°.3, aum^Sd and no waste, trash or garbage shall be place , v
or stored upon the Land.
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D.use shall be made of the Land except uses, if anyMo use snail ne maatf ul u*ic - - -- ^ -
control soil conservation, fish and wildlife habitat
characteristics shall be made of the land or the water
situated thereon.
owners herein do hereby remiss, je^e^se,
di»ch.r9., £««v«. ‘h* *fi3t;;^/aet/nds or causes of actlor, of
:»ror’n,roA'rh.\re« «—
any flowage or trespass with water.
Owners do not intend that the public should have any
Int.cest in the above land by virtute of this Indenture or otherwise,
except as hereinabove set forth.
The owner does covenant that the owner is in P°f'Hr, vr,sr.v-=r;.f.”‘"S.,-"
State Deed Tax Due Hereon; Exempt
IN TESTIMONY WHEREOF, Owner has hereunto set owner's hands
the day and year first above written.
Helen C. Morrison
STATE OF MINNESOTA )
COUNTY OP HENNEPIN )
) S3.
b.for. »e.°2 SSUry-te^th?n'^ .°n‘d CQ-uh—
appeared Helen C Morrison —r-----.-A who executed thV
198
S:t“ol‘nriha«r.ntr.nd"arK"no«lef,;d that they executed the sane as
their free act and deed.
Ily Commission Expires August 7, 1995
i?'EXHIBIT A
SAl
All that part of the Northeast Quarter of the Southwest
Bk Uifni
a^ . point on the west li"t io°'\l5%%5 ?eet nc?lh of
soutl^est Quarter of said Quarter the
the southwest corner of sVr^c^”^'’orfeet^^ East
!SSrorf^U"“Vn'Je\S ^flet? 4\n=e West 208.00
feet to the point of beginning.
>
5-704000 (S
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Vi±±
DRAINAGE EASEMENT
THIS INDENTURE, made this 7^ of __________
19$0 .between /V\\c U a ^ \ i4*\ llog.liMic a rY\a rri ctL-County of 14<2-- , - - — - - ^--g-^
_ _ _ _ _^ _ _ _j of themselves,
their heirs) successcTrs and assigns^ Tnereinafter referred to as
Owner) , and the City of Orono, a municipal corporation under the laws of
the *=tate of Minnesota (hereinafter referred to as City).
WITNESSETH;
Owner , in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to Owner in hand paid by the City,
the receipt and sufficiency whereof is hereby acknowledged, does
Grant, Bargain, Quitclaim, and Convey unto the City, forever, the
following perpetual drainage easement over and under and across
property located in the County of Hennepin and the State of Minnesota,
and legally described in Exhibit A attached hereto; (hereinafter
described as Land).
Said easement includes the free right of the City or its
agents to enter upon, under and over said Land, to remove trees, brush,
grass and dirt and other structures therefrom and to construct,
maintain, repair, reconstruct and use drainage ways and other
improvements related thereto, and to enter upon said easement for the
purpose of inspecting, repairing, removing and reconstructing such
facilities. The City shall return the area it disturbs to grade and
seed the same and replace the surface soil with the original type
material.
The Owner agrees to the following;
A.be
as
B.
C.
ItANSI «INTMI9
TVTMtPU0ucilCOOBD9
No trees, shrubs or other vegetation shall
destroyed, cut or removed from the Land except
authorized by written consent of City.
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 City.
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.
INN.
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D. No use shell be made of the Land except uses, if any,
which will not change or alter the natural condition of
the Land, and no use which would tend to change the
drainage, flood control, water conservation, erosion
control, soil conservation, fish and wildlife habitat
characteristics shall be made of the land or the water
situated thereon.
Owners herein do hereby remiss, release, acquit and forever
discharge, forever, the City and any and all of its officers and
employees of and from any and all claims, demands or causes of action of
any kind or nature whatsoever which may arise or accrue by virture f
any fiowage or trespass with water.
Owners do not intend that the public should have any
interest in the above land by virture of this indenture or otherwise,
except as hereinabove set forth.
The Owner does covenant that the owner is in possession of
the above described property and easement and has lawful and
authority to convey and grant the easement herein granted.
State Deed Tax Due Hereon: Exempt
IN TESTIMONY WHEREOF, Owner has hereunto set owner's hands
the day and year first above written.
STATE OP MINNESOTA )
) ss
COUNTY OP HENNEPIN )
On this
before me,
appeared ^Y)
to me known
day of
a notary public within and for
^!rJr\Q ^ I 7^ I ktf // K'f ^; to l>e the persons described In ,
^_ _ _ _ _, 19JBC 96 ■
I county, personally
wno €me Known to oe cne persons describedTh, and v^o executethe
foregoing instrument, and acknowledged that they executed the same as
their free act and deed.
StSBSffBm
EXHIBIT A
An eas6iTient for drainage purposes over, under, and across
the northerly 15.00 feet of the following described property;
All that part of the Northeast Quarter of the Southwest
Quarter of Section 10, Township 117 North, Range 23 West of
the 5th Principal Meridian ^described as follows; Beginning
at a point on the west lin^of the Northeast Quarter of the
Southwest Quarter of said Section 1? 515*625 feet north of
the southwest corner of said 15|cr‘.heast Quarter of the
Southwest Quarter; thence Nortli 130*00 feet; thence East
208.00 feet; thence South 130*00 ^eet; thence West 208.00
feet to the point of beginning. -
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5704001
DRAINAGE AND UTILITIES EASEMENT
6
19^0, byTHIS INDENTURE, made this day of —
and between A^v<-J/^a^ \ O- Married rr.a^--- - - - - - -
hereinafter referred to as Grantor(s) , and the City of Orono, a
S;S!c?parcorporation, under the^laws of the State of Minnesota,
hereinafter referred to as "Grantee".
WITNESSETH, that Grantor(s), in consideration of the sum of
of Hennepin and State of Minnesota, as follows:
Exhibit A, attached
The Owner does covenant that the owner is in possession of
the above described property and easement and has lawful 1 right and
authority to convey and grant the easement herein granted.
State Deed Tax Due Hereon: Exempt
IN TESTIMONY WHEREOF, Owner has hereunto set owner's hands
the day and year first above writte.n.
STATE OF MINNESOTA )
)
COUNTY OP HENNEPIN )
0» thi. -1^
) 5S.
day of A uj Q ^, 19?0 before me
county, personally appeared
« iSi>wn to me to be the *>
and deed.
a Notary Pub
L NAAa___• MMMMTAmm»m county
ua,
NOTAKY PUBLIC
9-S-93.
MY COMMISSION EXPIRES
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EXHIBIT A
Drainage 6 Utility Easement for the following described property:
An easement for drainage and utility purposes over, under,
and across the southerly 10.00 feet and the westerly 5.00 feet of
the following described property:
All that part of the Northeast Quarter of the Southwest
Quarter of Section 10, Township 117 North, Range 23 West of
the 5th Principal Meridian described as follows: Begin-'ing
at a point on the west line of the Northeast Quarter of the
Southwest Quarter of said Section 10 515.625 feet north of
208.00 feet; thence South 130.00 feet; thence West 208.00
feet to the point of beginning;
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Alex & Dianne Jentilucci
P O Box 27
1295 Briar Street
Crystal Bay. MN 55323
July 25. 1991
To: Ms. Jeanne A. Mabusth, Building & Zoning Administrator
Members of Orono City Council
JUl ^ ^• wJ-
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Subject; Michael Hilbelink Application #1666 Variance Renewal for 2180 Prospect Avenue
Dear Ms Mabusth and Orono City Council
This letter Is to document the concerns we have regarding certain provisions of the above
mentioned variance renewal application. We wish to thank you very much for removing this
matter from the consent agenda of the Council meeting of July 22. 1991. and for hearing our
concerns regarding this matter. The Council and staff have done a great job resolving drainage
problems along our southern property line. We wish to insure that work is not lost due to
lechnicalitles*.
A. The original variance #1502 was approved by Cour»cil resolution #2839 and contained
specific wording that was rx)t carried forward to the new resolution. The specific wording
appeared in resolutton #2839, condition #6, page 3 of 5. as follows;
Applicant shall maintain erosion control on his property throughout construction
to prevent any restriction of drairume system along northern border of property. The
existing drainage swale within the northern boundaries of the property shall not be
moved further north so as to further encrosch into the immediately adjacent property to
the north.
This wording should be included in the new 'esolution in order to maintain the intent of corKlition
#6. imposed upon the original variance approval #2839
B. It appears that the position of the existing drainage swale referenced in ’A' above is
rx)t indicated in any document in the City's possession. The words in "A" above are not
meaningful without a documented location of the swale. Perhaps this has already been done.
arKi we are not aware of it. If so. we would appreciate receiving a copy of such documentation or
survey for our records.
C. Wo have recently become aware that Mr. Hilbelir < is not the owner of the property,
nor is he empowered to sign legal documents on bshalf of the owner We have concerns
regarding the legality of recorded documents because they show Mr. Hilbelink as owner of the
property. His letter to the Council indicates, however, that he is not the owner. The easements
granted pursuer^ to resolution #2839 are of particular concern to us. We wonder how a party can
grant easements on a property that he does not own at the time of execution of the document.
Perhaps the City Attorney cotM shed some light on this question.
0. When a valid easement is obtained, we wish to receive a copy of it tor our records.
We also would like to reiterate that the easement along the northern border of the property
should be 15' as required in condition #5. of resolution #2839
Respectfully submitted,
b
5694430
City of ORONO
1: 11Y RESOLUTION OF THE CITY COUNCIL
f NO.2839
ORONO A RSSOLDTIOM GRANTING
VARIANCES TO
MUNICIPAL SONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
AND DENIES VARIANCES TO
SECTION 10.03, SUBDIVISION 15 (C)
AND SECTION 10.03, SUBDIVISION 16
PILE #1502
TRANSKR iNm»
Otrr. Of PTOPWTY TMI PjaUCflECOROS
AUG 21 1990
WBEREAS, Michael Hilbelink (hereinafter
apolicant") has an interesr in the property located at^ 213 0
Prospect Avenue within the City of Orono (hereinafter city an
legally described as follows:
Refer to Exhibit A attached (hereinafter "the
property"); ana
WHEREAS, the applicant has applied to the City for a
Dlace the structure 30* instead of the required 50 •
applicant also seeks variances to Section 10.03, Subdivision 15
(C? and Section 10.03, Subdivision 16 to allow a ^
required yard area that would allow a 3 to 3-1/2 high fence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
orono, Minnesota: pimdings
1. This application was reviewed as Zoning File #1502.
2. The property is located in the RR-IB, Rural Residential
acres.
amended based upon the following findings.
a) The property consists of .516 acres and is subject
to 2 acre zoning standards.
page 1 of 5
INN.
OEPOTV
City of OROIVO
ORONO
\]
O
A
RESOLUTION OF THE CITY COUNCIL
NO. 2839_______
b) The area of the property is consistent with the
surrounding one half to tnree-quarter acre pattern
development within the Crystal Bay neighborhood.
c) The property is served with sewer.
4. The City Council concurs with the planning Con-mission-s
^c°,r/ s%c\ro^n “io%^r
reauiring height and setback variances for proposed fen g
;i:t’h‘:r,htto^n “"h''az^tr/"t’o ‘rhiV’u'riTc‘ sio fsrthe
iru^:nt:nti^^s^aTo‘;Vthrf;th^Yinr^
method in achieving the desired level of privacy.
!Ac?ua*ng'th% MnSJnVs “ind r'eco^ien/aUons'o^
cSSiusion, reports b’y City staff. ‘'’t/PPe^lJh'and the effect of the proposed variance on the hea t
safety and welfare of the community.
6 The City Council finds that the conditions existing on
tiis pJoper?y are peculiar to it and do not apply generally
other p-operty in this zoning district; that
variance would not adversely affect traffic conditions,
n&;in%"ptorarty‘; u
»ip “"Vimcu^t^r*rr ”^L^r^^ t^^ pre-
ISSldbein^'ke^pingtit^^^^
Code and Comprehensive Plan of the City.
CONCLOSIONSp ORDER AMD COMDITIONS
Based upon one or more of the
SJSliviVionSS .cTtnS stc"tt:n vJsV"
!Tt«7. 7nr%^nd a" s“%“ Sc. variance of 20' or 40%,
subject to the following conditions:
Page 2 of 5
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2R39 ________
xi—to the issuance of a building permit by the City
for new construction, all drainage improvements within
French Creek as shown on plans of City Engineer dated July
2, 1990 entitled "Ditch Grading" must be completed and
applicant must provide proof from the County that delinquent
real estate taxes and special assessments have been paid.
Applicant is further advised that there is approximately
$6,825.84 incurred by the City as a result of a previous
Hazardous Building Action against this property. This fee
is in the process of being assessed against the property.
Applicant will have an opportunity to pay this off prior to
the formal assessment to be ordered by the Courts.
2. New driveway access at Briar Street must be reviewed by
Public Works Director prior to the issuance of a building
permit.
3. Connection to municipal sewer prior to the issuance of
a Certificate of Occupancy for new residence.
4. City Engineer to review final drainage/grading plans
for new construction prior to issuance of a building permit.
5. Granting of a 15* wide drainage easement along the
north boundary line and the granting of drainage and utility
easements 10' along southern property line and 5 along west^
property line.
6. With the approval of this variance application, the
City hereby agrees to install the drainage improvement as
defined in the above referenced plans. Applicant shall pay
to the City a sum of $400.00 prior to your applying for a
building permit. This sum shall cover the estimated cost of
the excavation of the drainage swale. The City agrees to
maintain erosion control until ground cover is *^estored.
Applicant shall maintain erosion control on his property
throughout construction prevent any restriction or
drainage system along noi .lern border of proper y.^
existing drainage swale within the northern boundaries of
the property shall not be moved further north so as to
further encroach into the immediately adjacent property to
the north.
7. Authorities granted by this variance run "1th the
property not with the applicant, but are
must be exercised by application for a building
within one year of the date of Council approval, or this
variance will expire on that date {July 23, 1991).
Page 3 of 5
u
City of ORONO
• i; V RESOLUTION OF THE CITY COUNCIL
NO.2839
aRoi\a violation of or non-compliance with any of the terms
of this variance shall constitute a violation
misdeineanor .
9. The undersigned applicant has read,
hirebVaorees to the terms of this resolution and on behalf
of himself, his heirs, successors and
to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 23rd day of
.'1990.
* ‘
Property q^er (s)
.
STATE OP MINNESOTA
COUNTY OP HENNEPIN
)ss.
)
The foregoing instrument was acknowledged before me on
d.K<. d*v of JulVf 1990, by James R. Grabek 6 Dorothy M.
Mavo^ t City^Clerk of the City of Orono, *
SSnicipkl «rporatlo7and said Instrument was executed on behalf
of the City.
.-Oo-
Notary Public
9-S'^9s^
My Commission Expires
Page 4 of 5
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.2839
OK'JNQ
k M
STATE OF MIimESOTA
COONTY OF HENNEPIN
} ss.
)
199 0
thr%”r»on(s) descry «
instrument, and ^
his (their) free act anc aeec.
fyJLUl.^ux-.
UOThR'i PUBLIC
‘ - i
THPW.UHAAI
ITAflT flMUO • IMNOO
HBNNBnN COUNTY
STATE OF MINNESOTA )
/ SS •
COUNTY OF HENNEPIN )
^ , 199 , bfciore me
On this________ . -.- said County ” personally appeare-
a Notary Public within and - known to me to be th^e
Srd’^knovl'.dV’.'d ^Lrh;“ureV^“e = uted°”h"s\'- as hi,
(their) free act and deed.
notary P03L
MY COMMISSION EXJ?lK*a
Page 5 of 5
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A RBSOLOTION GRANTING
rbhenal variancbs to
MDNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1666
WHEREAS, Michael Hilbelink (hereinafter "the
applicant") has an interest in the property located at 2180
Prospect Avenue within the city of Orono (hereinafter "City")
and legally described as follows:
Refer to Exhibit A attached (hereinafter "the property");
and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.28, Subdivision 5
(B) to permit the construction of a single family residence on a
lot that consists of 22,490 square feet or .516 acres where 2
acres is required and a side/street setback variance that would
place the structure 41' instead of the required 50*.
WOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1666.
2. The property is located in the RR-IB Single Feunily Rural
Residential Zoning District requiring 2 acres of dry
contiguous land. The property consists of 22,490 square feet
or .516 acres.
3. The Orono Planning Ccxnmlssion reviewed this application
on July 15, 1991 and recommended approval of the renewal
variance application as proposed based upon the following
findings:
A) The property consists of .516 acres and is subject
to 2 acre zoning standards.
B) The area of the property is consistent with the
surrounding one half to three-quarter acre pattern of
development within the Crystal Bay neighborhood.
C) The property is served with sewer.
Page 1 of 4
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D) There is no additional area available for
acquisition to increase the building envelope.
4, The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variance on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other property in this zoning district; that granting the
variance would not adversely affect traffic conditions,
light# air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
C0MCL0810N8 # ORDER AMD CONDITIOMS
Based upon one or more oi the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10.28, Sub.iivision 5 (B) to permit the construction
of e single family residence requiring approval of an
variance of 64,630 square feet or 1.4 acres at 74% and a side
setback variance of 9* or 18%, subject to the following
conditions:
B.
1, Upon application for a building permit for new
residential construction, the City shall require the
following:A. Payment of $6,963.64, based on current 1991 rate,
incurred by the City as a result of a previous
hazardous building action against this property.
Applicant shall provide proof of payment to the
County for all delinquent real estate taxes,
special assessments and penalties due on this
property.
Revised survey locating all newly acquired
drainage easements and drainage and utility
easements. All land alterations must be shown on
final site plan and located out of 15' drainage
easement area along north boundary of property.
C.
Page 2 of 4
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2. New driveway access at Briar Street must be reviewed by
Public Works Director prior to the issuance of a building
permit.
3. Connection to municipal sewer prior to the issuance of a
Certificate of Occupancy for new residence.
4. Applicant or future owner shall maintain erosion control
on this property throughout construction to prevent any
restrictions upon drainage improvement installed within 15
feet drainage easement along northern boundary of property.
The existing drainage swale located within this easement
shall not be moved further north so as to further encroach
into the immediately adjacent property to the north.
5. City Engineer to review final drainage/grading plans for
new construction prior to issuance of a building permit.
6. Authorities granted by this resolution run wit. the
property not with the applicant# but are permissive only and
must be exercised by application for a building permit
within one year of the date of Council approval# or this
variance will expire on that date (August 26# 1992).
7. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code# shall automatically terminate any authority
granted herein# and shall be punishable as a misdemeanor.
8. The undersigned applicant has read# understood and
hereby agrees to the terms of this resolution and on behalf
of himself# his heirs# successors and assigns# hereby agrees
to the recording of this resolution in the chain of title of
the property.
Adopted by the City Council of the City of Orono#
Minnesota at a regular meeting held on the 26th day of August#
1991.
ATTESTS
Dorothy M. Rallin# City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
Page 3 of 4
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 26th day of August, 1991, by Barbara A. Peterson & Dorothy
M. Hallin, Mayor 6 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 , __ _ _ _ _ _a-r-c—known to me to be the per-onCs) described in and who executed the
foregoing instrument, & . acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OP MINNESOTA )
)S8.
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 tne
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
MM:
NOTARY PUBLIC
Page 4 of 4
;k-' -S.'
EXHIBIT A
LEGAL DESCRIPTION:
All that part ol the Northeast Quarter cf teh Southwest
Quarter of Section 10» Township 117 Noth, RaA9S 2 3 EBet oS Rlie
fth Prlncir 1 ‘leridian described as followst Be9innia9 at a
point on the west line of the Northeast Quarter f the Soutbvaat
Quarter of said Section 10 515.625 feet north of the southwaat
comer of said Northeast Quarter of the Southwest Quarteri thanee
north 130.00 feet; thence East 208.00 feet; thence South 130*00
faatt thence West 208.00 feet to the point ot heflnniao*
fe -1*?^ te,..:.“ V
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MICROFILM MS 524.3-601 S'
I'N SUPERVISED
STATE OF MINNESOTA
COUNTY OF !I£NNEPIN
FOURTH 3UDICIAL DISTRICT
DISTRICT COURT
PROBATE COURT DIVISION
File No. P4-9I-1283 (
In Re: Estate of
LE rrERS TESTAMENTARY
Fred W. Curtis
Deceased
The above named decedent having died on November 5
19 “0 and Helen C. Morrison, of Babson Park, Florida.^
having been appointed and qualified is
according to law.
hereby authorized to act as personal representative__
L«.eu July 6. 1991
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(COURT SEAL)
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S’A'f Of MiWiiiOT* COUNn Of htNNff*iN
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I1 AU5 1 6 ”'91
SUSAN W BOWNES. CcuoAem
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32-PC EST 40 MS 524.3-601 LETTERS TESTAMENTARY
Ut-MUt 01 VIIAL SIAMSIlUSCERTIFIED COPY
t
i 9CA1. FILE NO
CERTIFICATE OF DEATH
FLORIDA m
1. 0£C£D£NT S NAME (Ffst. MKK0i. Laii ;
» Frederick W Curtis
1 OAIE Of OCMHrMontn. D»y. ntt)
: November 5 1990
« OAIE OF BIRTH (Momti. Off. IB«r|
September 22 1911
4 SOCIAL SECOMiTi NUMBKR
468 10 4912
7 QlRfHPLACE (C//y 5(0/0 or fvfOtgn Loijntryf
a GC lau Uirt(x)a|
79
St) UNDER 1 YEA#1
Month!
PLACE Of OCAIH fC/ioc* onty ono S0« maUuOtOfts on omo/ side/
Minneapolis, I'/Linnesota
OQnWiwM n EtVOulptlinl 11 OOA 211^1? Mom. ; i Ht-,,oeiK:« I'Omni
9c FACILITY NAME />o7 miMi/don, 0or« sfreol and/Hfmtier/
lake V/ales Hospital
*0* OeCEOENT SUSUM UCCUPAliON
Owner/Operator
LIMITS?/%! or Adi
No
♦00 iMNOOF UUSiNESSilNOUSlMY
topliance Store
131 ZIP CODE
33854
1?. FMHER S NAME (Fm Mn MN i U m;
Frederick W
9d CITY TOWN. OR LOCATION Of Ut ATM
Lake toles
n marital STAIUS-MJ'fiuO
NoT>of M4IMC0 VtlKk)w«d
Divorced /Specrff/
Widowed
I3« RESIDENCE - SMIE
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13b. COUNTY 13c City TDV/n . OR location
1 Florida Polk Fedhaven
2 SE<
Male
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ARMED FORCES? f>ei or No)Yes m
9t> iNSlOE QTY LIMITS? fV^s of No/
Yes
»• COUNTY OF OtATH
PolJt
i,» bv-HviviNG SI'UUSE •*<!«. m«*oarYn^/iie/;-27/:
13d STREET AND NUMBER
Apt.311, Box 8546
TSpoci/)r No or Mm — if rel tpoc^fy HMtU»n, CuOe/r.
Moarcen, Pu«rfo R jcao . eicj XJC^° ’ ’
SpecrT|i
Curtis
;tsa. INFOFMAMT'S NAME
Ifits* Jfelen C. Morrison
aOi MCTHOO OF DISPOSITION
O IK kI#I Q^r«m«iion U Remgvai Uom suue
Q OuoMlMi 0 Other (SptpF^J
15 RACE — American liiiJiari
Biach. While eic.
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White
IS DECEDENT S EDUCAllOK
iSpoctfy onty feghesf yredo compi§io0}
Id MOT HER $ NAME {Ffrit. Middle. Maiden Sufnomo)
/’'laude 7tedman
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I9t> MAILING ADORE5S (Sfroei end NurnOer (y Hurwi Rouie Nuntuof. C»fy or Toi^n, Sieie. Z/p Code/
1351 Hollister Road, ilabson Park, Florida 3382?
ZOt). PLACE OF DISPOSITION |N«/ne or cornoioo' Crema/ory or
oTAier place/
Memoried Crematory
2tA SIGNAIU««E OF FUNERAL SERVICE LICENSEE OR 21b LICENSE NUMBER
PCRSONAaiNQASSU^ .-y (or Liceniee/
FEI106
. u MHwt > ■.
.(lUilUlftNSTma) ► *
111 i (M/,0(Ma.Ow fiiJ. .
t;T/T
22c hour OF DEATH
3 9‘ ^9 M
I. jSmar yfc Aiawt. iniMnee. or comphcaiiona <h<t caused the deaih Do not eiuar the n>ode ol dying luch as ca/dtac ^ letpuaioiy arreti thock
4ilur<l^ OrVy ooe caiita on o«ch Urv«
20c LOCATION — Ciljf or Town, Slate
Aubumdale, Florida
ill
2IC NAME AND ADDRESS OF FACILITY
Johnaon Funeial Home ? ' '.3
322 N. Scenic Highway, lake Waj. . FL 1
- 23a On the basts of taarrunaiion ano/or ih^atiigatiOn, in my opi* jpi. .^aOi occuriod at
j^\Aj in# itme. dal# and piece end due 10 me cause^i) and mytner as aie.s^. '
(Stqnaiure and Title) ► ’’ * *1'? ii
[i 23b DATE SIGNED (Mp.. Day. Yt)
155 23d PRONOUNCED DEAD (Mo, Dan K/
♦3^
23c HOUR OF DEATH I,
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23a '^^RONOUNCEODEAOfNpiir/
NAME AND AOQRESjS OF CjERTtFlEA (PHYSICIAN. MEDICAL EXAMINER) (Typo nr Ptmf)
D.A. Aquino/M.D. 1136 Bryn Mavrr Avenue, Lake Wales, Florida 33853
/V '
26P LOCAL REGISTRAR — SIGNATURE 25c DATE REGISTERED ,
"or^fc
MMEOIATE CAUSE (Fmai
liaoaaa or cohdiiiQh ^
peyiiinpinMIN
ogmiMity INI eondmona.
•UK laadinQ 10 imiTtodiaia
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ART I. Other sigmCicani corkMipna cont/ibuUog Ip death but nol rf tuning tr
underlying cauat gmen m Pan i
|P IF FEMALE. WAS there A
PREGNANCY IN THE PAST
IMONTMSTCI YES a NO
I. PROAABLE adANNCR OF
DEATH
EpacAl Accideni. autoda or
emcete; or undaiarmined
27a WAS AN AUTOPSY
PERFORMED?
(r%3 (V No/
No
27b WERE AUTOPSY FINDINGS
available prior to COMPLE TION
OF CAUSE OF DEATH? (YU or HO)
30e IF SURGERY iSMENTlONEX) IN PART lor « ENTER COiiDiTiOrr >OR AhiC m il WAS PERFORMED
32a DAI F. OF INJURY
(Mwirh Day. Tea//
320 Time Of
INJURY
32*. PLACE OF INJURY ^ Aj home. Urm.
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300 DATE Of SURGERY (Mo, )%a//
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321 LQCA! ION (5/reer and Ni^mpe/ or Aura/ ROutO NumPec Ofy or St§f)
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THIS IS A CERTIFIED TRUE AND CORRECT COPY OF TrIE OFF^^R^ORO FILE
HAS FOAM laaeA laat)
OLIVER H BOORDE
* State Registrar
ANY REPROOUClsON OF iHtS DOCUMENT 1$ PROHIBITED Bv LAW DO NOT ACCEPT
UNLESS ON security PAPER WITH COLORED BACKGROUND AND GOlO EMBOSSED GREAT
SEAL 0« THE STATE Of FlORIOA ALTERATION CR ERASURE VOIDS THIS CERTIFICATION
CERTIFICATION QF VITAL RECORD ,
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To:Mayor Peterson and City Council
Acting City Administrator Gerhardson
82191.
Froa:
Date:
Subject:
Jeanne A. Mabusth, Building & Zoning Administrator^ ^
August 21, 1991
Ordinance Amendment - Temporary Sign Ordinance
List of Bjchibits
A - Staff Memo June 19, 1991
B - Staff Memo May 6, 1991
C - Letter to All Commercial Property Owners within City
D - Proposed Ordinance
At the June 24th meeting of the Council, all action on the
proposed temporary sign ordinance was tabled pending final review
and comment of the commercial property owners within the City.
Review Exhibit C. Staff received a telephone call from John
O'Sullivan, a representative of the Navarre business district,
reaffirming that the proposed ordinance clearly met the needs of
the Navarre business district and strongly urged the Council to
adopt the ordinance. Staff has received no comments from the
commercial business owners along Wayzata Boulevard, also notified
for this review.
Council members should be reminded that the current
ordinance amendment was a direct result of the pressures of the
Navarre business district who resented the need to file a
variance applic.ftion every time a temporary sign ordinance was
needed. The current ordinance allows one temporary sign in a 24
month period for a commercial user no matter how many business
may be located in a building. Representatives of the Navarre
business community attended the meetings held by the Planning
Coaanission to review the proposed ordinance and provided a great
deal of input. The proposed amendment is far less restrictive
than the current one on the books. The specific standards set
forth for multi-use buildings will require less policing than is
now required to keep track of the one sign per 24 months and who,
when or where has obtained a permit for a temporary sign in one
of the multi-use businesses along Shoreline. Staff would suggest
that if a business owner requires more than 4 temporary signs a
year that permanent signage needs should be reevaluated.
Staff recommends the adoption of the enclosed ordinance
amendment for temporary signage.
Isv
r
i
To:Mayor Peterson & Orono Council Members
City Administrator Bernhardson
From 2
Da to:
5691.1 i
\Jeanne A. Mabusth, Building & Zoning Administrate A,
June 19, 1*^91
Subject: Ordinance Amendment - Temporary Sign Ordinance
Idst of Bzhibits -
Exhibit A - Proposed Ordinance Amendment
Exhibit B - Staff Memo 5/6/91
At the May 8th meeting of the Council, Members voted to
table action on the proposed ordinance amendment pending further
review by the Planning Commission of additional issues raised by
the Navarre business community after the Planning Commission ’s
consideration of the amendment at their April meeting.
A) Reconsider signage needs for multi-use buildings.
The Planning Commission unanimously agreed that the original
amendment as proposed should stand, and that four temporary
signs, no matter what the ownership pattern was adequate.
The amendment now places responsibility on the owner to plan
temporary signage needs for the multiple businesses. If
additional temporary signage is needed, an owner may apply
for a variance. Multi-use buildings would be best sei'/ed by
installing a permanent sign that provided flexible
advertising options. This option should also be recommended
to any single business owner who needs to advertise on a
regular basis throughout the year.
As far as temporary signage for multi-use buildings, the
Planning Commission recommends the original ordinance
amendment as proposed at the May meeting of the Council.
B) Should the teiqwrary sign ordinance amendment govern the
use of advertising balloons and banners for single
businesses and/or community special events?
The Planning Commission concurred that the use of
advertising balloons and banners by a single business or
multi-use business should be covered under the temporary
sign ordinance. Banners would be limited to the standards
set forth for mobile signs at 32 s.f. per single surface; If
two sided, a total of 64 s.f. If such banners are to be
attached to buildings, Section 10.61, Subdivision 1 (6) must
be amended so that the temporary attaching of banners to the
exterior of buildings is allowed but only on a temporary
basis with a temporary sign permit.
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Temporary Sign Ordinance June 19, 1991
Page 2 of 2
The Planning Commission agreed that balloons should also be
covered under a temporary sign permit, but the area
allowances would not be applicable for balloon advertising.
In reviewing the sign codes of other cities, the codes do
not provide standards for advertising balloons, nor is this
specific type of signage addressed. Staff has been advised
th'jat this method of advertising is very expensive. John
O'Sullivan advised that only O'Sullivans and Rick's Super
Valu in the Navarre business district will probably make use
of balloon advertising. Otten Brothers Nursery made use of
banners at the time of the opening. Balloons have been used
in the Long Lake business district on a temporary basis.
The Planning Commission recommends permits be required and
that they be credited against a property as one of the four
temporary signs allowed for the year. All balloons shall
meet applicable Federal and State regulations.
In the case of special event signage involving the use of
banners, flags, etc., signage should be reviewed by the
Council as part of the comprehensive planning for the
special event (l.e. Navarre Christmas decorations, special
school events, special Navarre business district events).
The Planning Commission did not feel it appropriate for the
City to issue temporary business permits for community-wide
events: Council's review and approval should be all that
is needed.
Proposed Ordinance Amendment -
The original ordinance amendment has been amended to include
now a temporary sign definition, as follows:
"Sign - Business - Temporary. A sign permitted for a
limited period of time used to advertise or promote the
interests of a single or multi-use commercial or industrial
use. A temporary sign may be attached to a principal
structure or detached. Such signage shall include
mobile/message board signs, banners and advertising balloons
that meet all applicable Federal and State standards."
The temporary sign section has been amended so that banners
and balloons are considered temporary signs requiring permits.
The enclosed ordinance is presented for Council's review and
final action.
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2) Proposed Amendment of Temporary Sign Ordinance
The original review of the amendments was scheduled before
the Planning Commission in December of 1990. The City had to
cancel the December Planning Commission meeting because of the
lack of a quorum.
The public hearing for zoning amendments dealing with
municipal facilities and temporary signs was rescheduled before
the Planning Commission at their April 15, 1991 meeting. Public
{tearing notices were published and posted at the appropriate
sites. No one from the public was present to address the issue
of municipal facilities. A representative of the Navarre
business district, John O'Sullivan, and William Wear, a business
owner on Highway 12, were mresent. Please revew the minuter of
April 15th for their comments.
List of Exhibits -
Exhibit A - City of Orono Notice ,^/on
Exhibit B - Municipd Facilifes S o & ^^xhibits 12/12/90
Exhibit C - Temporary Sign ^ & ^.:hibits 12/13/90
Exhibit D “ Navarre Business . LStriut Petition
Exhibit E - Proposed Ordinance - Muni -ripal Facilities
Exhibit P * Proposed Ordinance - Temporary Signs
1) Issue of ninifTlpal facilities. (Please review Exhibit B for
background on proposed amendment.}
It was the opinion of the Planning Commission that it was
never the intent of the code to allow municipal facilities of
other cities to be permitted in residential districts or in
commercial or industrial districts where the use was compatxble
with the zoning district. The Planning Commission stated that
the risk is obvious when a city allows another adjacent
municipality to make use of adjoining lands within Orono. To
allow adjacent municipalities o use lands within
Orono encourages future annexation. We are currently dealing with
City of Long Lake on just such an issue. The Planning
Commiesion would be against any ordinance that would encourage or
allow this use.
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Ordinance Amer.dr.er.ts
May 6, 1991
Face 2 cf 5
The Planning Commission unanimously vc-ed to amend the ccae
,0 thi; merely a'definition be added
iS thrst^f SLo concerning the comoatibility of a municipal use
:?>Mn a soecifio zoning district, the Planning Coirmission -el.
iJ^ght of the current municipal facilities study, it may not be
the appropriate time to address such amendments.
The enclosed ordinance amendment (Exhibit E) has been
drafted per the Planning Commission’s unanimous recommendation.
2) Tamoorarv signs. (Please review Exhibit C for background on
p]^opo80d aincndincnt •)
The 1988 amendment of the temporary sign ordinance has not
^ -r^r o-e^n^nfs^Ld^/rVonL
needed at the most for a two week period.
-S u... ns ’Ur.Sit s
for a total of 64 s.f.
Mr Wear, owner of a multi-use business, found the proposed
rsWe Sdlrg '^o--mit^e7 row-m^ijTeLTt- w^re l^^a^t
building.
Two of the Planning Commission members «e5®. 5 “^hlTr ^u«
etre» Vf “ese si^s proliferating County Road 15 and 19 within
the Navarre business district.
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Crdinar.cs Ar.er.dr.ents
May 6, 1991
Page 3 of 5
The majority of the Planning Commission concurred with the
recresentative of the >7avarre business district, nottng that 3us
For nulti-use buildings, the ordinance will require planning on
the part of the owner. Although we discussed a sign per quar.er,
we ale not going to regulate the signs such that
elan can only be issued every three months. The issuance of the
?i«olary signs will be left to the discretion of the business
owne;-. An owner of a multi-use building may have to apply for
variances if they wish to use more than four such temporary signs
a year.
The Planning Commission recommended approval of the
ordinance amendment as set forth on Page 2 of the staf.
dated December 13# 1990 (Exhibit C).
Staff attended a recent ^4e^retail/business association. They questioned staff as to the use
of banners and special balloons staf^'^wouldbanners has become quite popular within our City. St . _
ask Council to review Section 10.61, Subdivision 1
?o thil mino, spscificslly the underlined '"’ich reads
"paper and similar signs shall not be attached directly to a
hulldlna wall by an adhesive or similar means . If banner.,
attached to buildings are to be allowed, this section o t e co e
would have to be amended.
The Planning Commi ssion did not under
special advertising techniques. Banners have ^®f
the temporary sign ordinance as ^\ooears that25 s f If they are attached to the building, it appears tnat
the cide would not allow it. If the use of a banner is
temoorary, for just a 10 day period, there would appear to be no
objection for its use for temporary advertising
problem with the use of banners in the past has been that they
have remained too long and deteriorate within a ^an
IS2" no loVgifllan 10 days a. ’ "not exceed the allowed area
of 32 s.f.
t«apoVary ‘’sig« ar ’e*not f eaVibTeV If they
would have to establish standards (height, area,
•trueture or grade-level, method of attaching or anchopng, hold
taCTHw a«e12Smt, etc. . Balloon advertising used in Navarre
5;“ V*ca.^^“r..f. (at least the ones we have seen used a-
Super Valu and O'Sullivans).
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p-Ordir.anca Ar.er.dr.e
Mav 6, 1991
^ C
Page 4 of 5
Options of Action -
P-
Adopt temporary sign ordinance as
of the Planning Commission, as follows;
reposed by the rajority
_ „. „^ ThorA qhall be no more than 4 temporaryTemporary Signs,_ There snaii oe ^gj-iod of not more
promoted by the si^ stand shall be removed from
«1,B supports, ana period Totll area of the
sign fhall'not exceed 32 Theie^’shal 1*^ be
signage allowed for 2 sided ’ ^ired yard area
permit «hall be issued by 2 (A)(3) has been
permit under VoDertv No suoh sicn shall be
iJISJtiVr Vailen^iai zones Snle."^’ permitted as'eleotion or
this subdivision Mult^tenan^t^^^^^^^
this^ psrlgMp” the use of P^"® ®i"f i® “rthe
tenants on the property ®*«ii y® ^i'® Jh„ fhi 11 endorse in
limiV. s^‘T%%o^^:^a%’i^’nl"fo"'r'’sUVp:-il^s! The owner or
:iiUS?'of the s^ n ab.
equally _ 4-h«a - All temporary signs shall be
and renoval ^ nat they do not impede safety by
iSr«uttiVg "vTsloV p"e%%st/ians or motor vehicle
operators
If council concurs that the use uyy:®""®”^^® ®“dlnVnci!
follows.;
Subd. 1 (G) - Building wall signs. Signs sha^ll "°u^®
SSj?r.o1fy.=V/in\"ed‘^“n%“%%^"c%rio^hs c^^^
CTg.a:,g...kA4i!B
seetion). Signs shall be considered as a struccure
Ia3t0iv53”to aiiother structuro#
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May 6, 1991
Page 5 of 5
If Council wishes to include balloon advertising signage
under the *-imporary sign ordinance amendment, it rr.ay a
appj^Qpriatc o have the Planning Cortunission ccnsi>-er _..j.s i.. ...o^e
detail as they did not consider this type of signage in their
recent review. The Planning Commission did not consider nor
address the use of banners in their review. Council may seek a
rectammendatio'- ihe Planning Commission and delay all action
oa the temp ’ign ordinance amendment until Planning
Commission ha an opportunity to review the use of banners
and balloons foi. rertising in the City.
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CITY of ORONO
MunlcipaJ Offices
post Office Box 66
Crystal Bav. MinnooU 55323-0066
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ORDINANCE «SECOND SERIESAN ORDINANCE TO AMEND
MUNICIPAL ZONING CODE
SECTION 10.02 AND
SECTION 10.61, SUBDIVISION 1 (G) ft (H)
TO KivT/’SLISH NEN STANDARDS
FOR THE USE OF TEMPORARY SIGNS THAT SHALL INCLUDE
THE TEMPORARY USE OF BANNERS ATTACHED DIRECTLY
TO A BUILDING HALL AND ADVERTISING BALLOONS
The City Council of Orono ordains as follows:
The municipal code of the City of Orono is amended by adding
Ordinance #_ _, Second Series:
SECTION 1. Orono Municipal Zoning Code Section 10.02 is amended
to Include the following defin'tion:
Sign - Business - Temporary. A sign permitted for a limited
period of time used to advertise or promote the interests of
a single or multi-use commercial or industrial use. A
temporary sign may be attached to a principal structure or
detached. Such signage shall include mobile/message board
signs, banners and balloons that meet all applicable Federal
and State standards.
SECTION 2* Orono Municipal Zoning Code Section 10.61, Subdivision
1 (G) is hereby repealed and the following language substituted
in its place:
G. Building Wall Signs. Signs shall not be painted
directly on the outside wall of the building. Signs shall not be
painted on a fence, rocks or similar structure or feature in any
district. Paper and similar signs shall not be permanently
attached directly to a building wall by an adhesive or similar
means (teiaporary use of such signs is permitted per standards set
forth in Subparagraph H of this Section).Signs shall be
considered as a structure or fastened to another structure.
SECTION 3. Orono Municipal Zoning Code Section 10.61,
Subdivision 1 (H) is hereby repealed and the following language
substituted in its place:
H. Temporary Signs. There shall be no more than 4
temporary business signs issued per calendar year, and for a
period of not more than 10 days per time or of the duration of
the event promoted by the sign message, whichever is less. The
sign (includes banners or balloons), sign supports, or portable
stand shal 1 be removed from public view at the end of the period.
Total area of the sign shall not exceed 32 square feet per
surface (64 s.f. total signage allowed for 2 sided portable
sign). Advertising balloons are not subject to area restrictions
but must meet all applicable Federal a.nd State standards.
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ORDINANCE #SECOND SERIES - Cont.
There shall be no more than one temporary sign in any required
yard area and if separate multiple signs are proposed, the total
area of the signs shall not exceed 32 square feet. Temporary
business signs require a building permit from the City. No such
permit shall be issued by the City if a conditional use permit
nnder Section 10.61, Subdivision 2 (A){3) has been issued to a
residential property. No temporary sign shall be allowed in
residential 7ones unless permitted as election or sale signs
under this subdivision. Multi-tenant buildings shall be
considered as a single property for purposes of this paragraph,
and the use of the single temporary business sign by tenants on
the property shall be the responsibility of the property owner or
designated manager who shall endorse in writing, all applications
for sign permits.
The owner or manager of the sign and the owner of the property
shall be equally responsible for the proper location,
maintenance, and removal of the sign. All temporary signs shall
be located on a property so that they do not impede safety by
obstructing vision of pedestrians or motor vehicle operators.
SECTION 4. Adoption and Publication. This ordinance shall take
e£f®ct and shall be enforced from and after the date of its
passage and publication.
Adopted by the City Council of Orono on this 24th day of June,
1991, by a vote of _ _ ayes and _ _nays.
Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor
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ORDINANCE «SECOND SERIES - Cont.
There shall be no more than one temporary sign in any required
yard area and if separate multiple signs are proposed^ the total
area of the signs shall not exceed 32 square feet. Temporary
business signs require a building permit from the City. No such
permit shall be issued by the City if a conditional use permit
under Section 10.61, Subdivision 2 (A)(3) has been issued to a
residential property. No temporary sign shall be allowed in
residential zones unless permitted as election or sale signs
under this subdivision. Multi-tenant buildings shall be
considered as a single property for purposes of this paragraph,
and the use of the single temporary business sign by tenants on
the property shall be the responsibility of the property owner or
designated manager who shall endorse in writing, all applications
for sign permits.
The owner or manager of the sign and the owner of the property
shall be equally responsible for the proper location,
maintenance, and removal of the sign. All temporary signs shall
be located on a property so that they do not impede safety by
obstructing vision of pedestrians or motor vehicle operators.
82CTI0H 4. Adoption and Publication. This ordinance shall talce
effect and shall be enforced from and after the date of its
passage and publication.
Adopted by the City Council of Orono on this 26th day of August,
1991, by a vote of _ ayes and _ _ _ nays.
Dorothy M. Hallin, City Cleric Barbara A. Peterson, Mayor
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Rt*>tY TO WAYI a TA
August 22, 1991
city Council
city oT Orono
P.O. BOX 66
Crystal Bay, MN 55323
Re. John «nd Pat Walker Residence
1310 Sprues Place
Dear Mayor and CouncilsDear naywA r^t-v staff to issue a
This is a request to give policies which require
Building un/il hardcover issues are
that Building Permits not be
resolved. Building Permit
T iA» 1 19^1 Roncor Corporation appli® -rnj p®t walker at?o B^tory to th. -rr*a“.'in?.«arot.r chro^ol^^^^
1310 spruce Place. f-hat hardcover exceeded permit‘*‘ii \ Qtaff review noted that na wavs to reduceattached.) walkers explored with staff ways u
bluff niqrBtion. ,,„b„ent and
walker cite In favor erosion, adjacent unimproveddrainage eyatem. Bluff migra on configuration an
right-of-way for aump area,
topography. .uggeeting "a
attached.)
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Mayor and City Council
August 22, 1991
Pag« TWO
Mr. and Mrs. Walker have a in^thrtimebefore construction can be completed given the
rising irth^e-l^o^i^^rv:ro^^^^^^^^^^ J^irSter in
the interim.
conformance with the hardcover or by ahardcover, by variance from the terms of the ordinance, or oy
ination of the two.
Sincerely,
j. Schieff
RJS/mc
Enclosure
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From:
Date:
Subject:
Mayor Peterson S Orono Council Members
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John R. Gerhardson, Acting City Administrator's^
August 21, 1991
Bid Award - Storm Sewer Project - McCulley Road
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On August 15, 1991 the City of Orono received and opened
bids for the Storm Sewer Project on McCulley Road.
The following is a summary of the bids raceivedi
Bituminous Consulting i Contracting $30,569.75
Buffalo Bituminous, Inc. 32,054.50
Aero Asphalt, Inc. 37,934.45
Alber Construction, Inc. 43,965,50
Driveway Design, Inc. 47,676.00
Barber Design 53,350.00
Engineer's Estimate $37,500.00
The low bidder is a familiar company to the City Engineer
and has performed work in the area.
Reconendationt To award the bid for the McCulley Road
Storm Sewer Project to Bituminous Consulting & Contracting for
$30,569.75 and that funding will be used from the Municipal State
Aid Fund (MSA).
Proposed Motions Moved 2nd to award the bid
for the McCulley Road Storm Sewer Project to Bituminous
Construction and Contracting for an amount of $30,569.75 and that
the funding will be used from the Municipal State Aid Fund (MSA).
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Report
Stubbs Bay
Sanitary Sewer Improvements
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Orono, Minnesota
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File No. 13937
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August 26, 1991
Honorable Mayor and City Council
City of Orono
Box 66
Crystal, Minnesota 55323
Re: Stubbs Bay
Sanitary Sewer Improvem-^’ its
Our File No. 13937
Dear Mayor and Council:
Transmitted herewith is the Repon on Sanitary Sewer Improvements in the Stubbs Bay area
of the City of Orono. The City has involved the residents of the area in planning discussions
over the past seven years in an effort to develop a plan tor providing samtary sewer service.
This report is a result of the input received and provides an update ot the 1984 Stubbs Bay
Repon.
We would be pleased to discuss this repon further with the City Council at any mutually
convenient.
Respectfully submitted.
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Glenn R. Cook, P.E.
GRClk
1 hereby cenify that this repon was prepared by
me or under my direct supervision and that 1 am
a duly Registered Professional Engineer under
the laws of the State of Minnesota..
Glenn R. Cook, P.E.
Date: August 26. 1991 Reg. No. 9451
13937
233S Wert Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 • 3Stn Anniversary
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TABLE OF CONTENTS
LETTER OF TRANSMITTAL
TABLE OF CONTENTS
INTRODUCTION
DISCUSSION
COST ESTIMATES
ASSESSMENTS
CONCLUSIONS AND RECOMMENDATIONS
APPENDIX A - DETAILED COST ESTIMATES
FIGURE I STUBBS BAY SEWER SYSTEM
FIGURE II - STUBBS BAY SEWER SYSTEM
FIGURE III - SEWER SERVICE AREA
13937 - 2 -
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INTRODUCTION
The City Council has requested this report to determine the feasibility of constructing
sanitary sewer improvements in the Stubbs Bay Area. Many homeowners in the Stubbs Bay
area have experienced problems with their on'site systems. The lots in the area are
generally small and it is difficult to provide suitable area for replacing the failing systems.
The soils are primarily clay with a high water table experienced in many areas. There
are presently nine drainfields in the area within three feet of the water table and twelve
systems are within 50 feet of the lakeshore or Stubbs Bay Creek. It is esti.mated that 28
percent of the ex sting systems could not be repaired or replaced within the existing City
code requirements. There is another 22 percent ot the e.xisting systems that are severely
limited oi it is questionable that they could be repaired or replaced within the City code
requirements. The "Stubbs Bay Alternative Waste Management Plan" prepared by Mike
Gaffti fi reviews several methods of providing sewer service to the area. The report
concludes that municipal sanitary sewer service is the most desirable alternative. There are
other systems that will work as a temporary solution, but the majority of the lots will benefit
the most over a long time period by construction of municipal sewer.
The most desirable method of correcting the problem is to provide a central collection
system v .ch would discharge into the existing City sewage system on Tonko va Road. The
Stubbs Bay area is divided into seven Service Areas for purposes of this report. The
separation of the project into service areas was Jone to allow certain critical parts of project
to be constructed without the need to complete all parts at this time. It is expected that all
parts of the project identified in this repon will ultimately be seI^'ed with sanitary sewer.
13937 - 3 -
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The City has reviewed the possibility of obtaining outside funding to assist in the
project and thereby minimize the individual property assessment. There are no outside
funding sources currently available for financing projects of this type.
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DISCUSSION
The sanitary sewer system in the Stubbs Bay area has been separated into seven
Service Areas for purposes of this repon. The sanitary sewer lines are identified as Trunks
and laterals to provide an equitable method of sharing project costs. The trunk lines would
be all sewer lines that serve more than one sewer service area. Several line segments in the
project area serve a trunk and lateral function and costs are split to reflect benefit.
The trunk line would consist of all lift stations and Force Main lines required. There
are four lift stations that would serve the Stubbs Bay Area. The trunk line would also
include several gravity line segments shown on Figure 1 and 2 at the back of this report.
The lateral lines would include all remaining gravity lines segments that provide sewer
service to the lots.
The two sewer service areas that have the greatest need arc Stubbs Bay Northwest
(Parti) and Stubbs Bay Northeast (Part II). The lots in these two areas are generally small
and the ability to repair or construct new on site systems is limited. Tht Stubbs Bay
Northwest area (Part 1) would be served by construction of a lift station on West Lake Street
and a force main to Tonkowa Road and the existing system. The trunk/lateral line would
be extended north along West Lake Street to Bayside Road and then east approximately
2,000 feet to serve adjacent property. There are 26 homes in the Stubbs Bay Northwest area
which would be served by the improvement.
The Stubbs Bay Northeast area would be served by construction of a lift station near
the intersection of Bayside Road and Tonka Avenue. The force main would be constructed
from the lift station to the easterly manhole in Pan I. The repon provides for an alternate
U937 - 5 -
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alignment for the force main which would follow the Luce Line Trail. There are 45 homes
in the Stubbs Bay Northeast Area which would be served by the improvement.
The remaining Service areas can be provided with sanitary sewer services at this time
if requested by the property owners. It is proposed that the majority of the trunk facilities
would be included in the project at this time. The lift station for Bedewood and the lift
station for Cygnyt Place would not be constructed until the areas wish to have sewer service.
The project will generally be constructed within the right-of-way of existing streets, but
the alignment selected will require some permanent easements and a number of temporary
easements to allow construction. Permits from Hennepin County, the DNR and MWCC will
be required.
The streets disturbed during construction will be replaced with 8 inches of Class 5, 100
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percent crushed and 3 inches of 2341 bituminous surfacing. The boulevards and easements
will be sodded and the area disturbed along the railroad and county right-of-way will be
seeded. The removal of several trees along the right-of-way and on required easements will
be necessary to facilitate construction of the sewer line.
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COSTESTIMATES
Cost estimates have been prepared for the extension of sanitary sewer in the Stubbs
Bay area. The summary of project costs are provided in this section with detailed cost
estimates for the work described presented in the appendices at the back of this report. The
estimates for the work are based on anticipated unit prices for the 1991 construction season
(ENR 4770).
The cost estimates presented below include a five percent a”owance for contingencies
and a 25 percent allowance for project design administration, bonding capitalized interest
and legal costs.
Project Costs
Sanitary Sewer Trunk
Sanitary Sewer Lateral
Stubbs Bay Northwest (Part I)
Stubbs Bay Northeast (Part II)
Bayside East (Part III)
Bederwood (Part IV)
Bayside North (Part V)
Oxford (Part VI)
Cygnyi Place (Part VII)
$ 7$5
$ 157,190
193,135
56,150
132,460
43,300
74,870
286,500
Total Sanitary Sewer Lateral
Total Project Cost
$943,605
$1,738,865
There arc four lift statioits required to complete the trunk sewer system. The
estimated armual operation and maintenance cost for lift station 1 (West Lake) is $4,850.00,
Lift Station 2 (East Lake) is $4,700.00, and Lift Station 3 (Bederwood) is $4,500.00, and Lift
Station 4 (Cygnyt Place) is $4,550.00.
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ASSESSMENTS
The project costs as outlined are proposed to be assessed to the adjacent property
based on benefit received. It is proposed to assess a trunk charge to all units in the Stubbs
Bay Service Area. The lateral cost would be levied as a connection charge to residents when
they connect to the sewer line. The project costs were established with the concept of
serving the Stubbs Bay Northwest and Stubbs Bay Nonheast areas as phase I of the project.
The other parts of the project would be constructed when more than 50% of the propeny
owners requested that the work be done.
The proposed assessments for each portion of the project would be: as follows;
Sanitary Sewer Trunk Assessment
Total Trunk Cost
Number of Units
Trunk Cost per unit
$795,240
135
$ 5J90
Part
Sanitary Sewer
Service Area
Lateral
Cost
No. of
Units
Lateral Cosi
Per Unit
t Trunk Cost Total Cost
Per Unit Per Unit
I Stubbs Bay N.W.$128,400 26 $ 6,050 5,890 11,940
11 Stubbs Bay NJE.193,135 45 6,730 5,890 12,620
III Bayside East 56,150 12 4,680 5,890 10,570
IV Bederwood 132,460 11 12,040 5,890 17,930
V Bayside North 43,300 3 14,430 5,890 20,320
VI Oxford 74,870 9 8,320 5,890 14,210
VII Cygnyt PI 286,500 29 9,880 5,890 15,770
U937 - 8 -
roNrnisiQNS and recommendations
The proposed improvemenis described in tnis report are feasible us they relate to
general engineering principals and construction procedures. llte following
recommendations, based on data in this report, are presented for the City Council’s
consideration.
1. The City of Orono adopt this report as a guide for the installation of sanitary
sewer in the Stubbs Bay area,
2. The City conduct a legal and fiscal review of the proposed project prior to the
public hearing.
3. Easement acquisition be reviewed with property owners prior to the public
hearing.
4. A public hearing be held to determine what funher action is to be taken. The
land owners in the assessment area description should be notified for hearing
purposes. The total estimated project cost of $1.738.865. should be incorporated
in the public notice.
5. The project schedule should be followed if the project is to proceed.
The property owners will be required to pay a SAC fee of $600.00 plus the connection
from the home to the sewer main. It is anticipated that the private connection charge will
be approximately $1,500 for the average lot.
The property proposed to be assessed for the sanitary sewer improvements within the
Sewer Service Areas is shown on figure I and II at the back of this report.
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The property to be assessed is located in the Nonh West 'A of section 4 and Section
5, Township 117N, Range 23 W, Hennepin County Minnesota.
The following is a tentative schedule for planning purposes:
Receive Preliminary Report September 9, 1991
Hold Public Hearing November 25, 1991
Order Plans and Specifications November 25, 1991
Approve Plans & Specifications,
Set Bid Date January 14, 1992
Receive Bids February 15, 1992
Hold Assessment Hearing - Set Bond Sale March 11, 1992
Hold Bond Sale - *‘\ward Contract AprU 22, 1992
Start Construction April 29, 1992
Complete Construction August 30, 1992
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STUBBS BAY
SANITARY SEWER IMPROVEMENTS
ORONO, MINNESOTA
FIGURE 3 _
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To:
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abject:
M.yor Peterson 6 Orono Council Members
John R. Gerhardson, Acting City Admini
August 22, 1991
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Change Order #3 - Well #3 - Highway 12 Sewer &
Project
During the preparation of specification for the pumphouse
for Well #3 on the Highway 12 Sewer and Water Project, we did not
include an audible alarm in the event there is a malfunction of
the well. The cost for doing so is $400.00.
Recouendation: To approve Change Order #3 authorizing the
installation of an audible alarm on the pumphouse for Well #3 for
an amount of $400.00.
Proposed Motion:Moved 2nd to approve Change
Order #3 authorizing the installation of an audible alarm on the
pumphouse for Weil #3 for an amount of $400.00.
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82291.6 s
TO:
FROM:
DATE:
Mayor and City Council
Tom '.'uehn, Finance Di rector
9
August 21, 1991
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SUBJECT: 1992 Buaget
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Attachment:A. Proposed 1992 Budget (distributed at the 8/12/91
Council meeting)
B. Proposed 1992 Tax Levy Resolution
C. Hennepin County Letter Dated 8/19/91
D. November/December 1991 Calendar
E. Septemoer/October 1991 Calendar
F. 1992 Budget Narrative
ISSUES -
1. Present 1992 preliminary budget to Council.
2. Establish a maximum levy and preliminary budget for the budget
hearing.
3. Set date(s) for the truth in taxation budget nearing (s).
4. Set date(s) for the Council budget work session(s).
DISCUSSION - The 1992 General Fund budget as presented represents
a overall increase from the 1991 budget. Attachment F is a
narrative of the changes from 1991 to 1992.
LEVY
As required by state law the city must adopt a maximum 1 992 tax
levy before September 1st, which will be used at the truth in
taxation hearing later this year (see Attachment B). This levy
can be reduced during the public hearing but cannot be increased.
We are also required to establish a preliminary budget before
September 1st and to adopt a final budget during the public
hearings, but the budget amount may increase or decrease from the
original proposed, and may remain flexible throughout the year.
The proposed General Fund budget is adopted by motion, but the
proposed tax levy must be adopted by resolution. The tax levy
consists of the levy limit amount for the General Fund, plus
certain General Fund special levies set out separately, and any
debt service levies in accordance with the existing bond
schedules for the debt funds. The General Fund tax levy total of
$1,656,681 is $5,940 or .36% over last year's levy but will
probably reflect an increase of about 1.05% in the tax apactiy
rate due to a decrease in the City's tax capacity from 1990 to
1991. The tax capacity decrease is due to the changes in
valuation percentages and should increase next year. The total
proposed tax levy for the General Fund plus the debt issues is
$1,961,381 an increase of $247,840 or 14.46% over last year with
a projected 1.86% increase in the tax capacity rate, 1.75% of
which is for the HRA building bond.
HEARING DATE
Indicated on Attachment D are the oates the City does not have
available to hold the truth in taxation hearing(s) because of
hearings or reconvenings being held by other jurisdictions, as
show on Attachment C. COUNCIL NEEDS TO ESTABLISH THE ORIGINAL
AND RECONVENE DATES BY SEPTEMBER 1ST.
BUDGET WORKSHOP
Given the time schedule it would be helpful to set a work session
sometime in late September or in October (see Attachment E), but
Council could table this until the September 9th Council meeting.
RECOMMENDATION
BUDGET LEVY - It is recommended that Council establish the
proposed budget as presented and to adopt the maximum General
Fund and other levies as per the attached resolution.
HEARING DATES - Council should establish the truth in taxation
hearing dates at this 8/26/91 meeting.
PROPOSED MOTION - Moved by , Seconded by
1, to adopt Resolution # approving the proposed maximum 1991
tax levy collectible in 1992 of $1,961,381; and
2. to establish the maximum proposed 1992 General Fund
expenditure budget in the amount of $3,129,330; and
3. to set P.M.,1991, as the original
public budget hearing date and time at the Council Chambers, and
P.M., , 1991 as the reconvening public budget
hearing date and time at the Council Chambers if required.
Ayes Nays
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OHCNC, MIM. ESOIA
PRCPOSED
1992 BUDGET
FOR THE YEAR
JAT-rUARV 1, 199 2-DECEMBER 21 T a r*If
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A RESOLUTION APPROVING THE PROPOSED 1991
TAX LEVY COLLECTIBLE IN 1992
B
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BE IT RESOLVEDr by the City Council of the City of
Orono, County of Hennepin, Minnesota, that the sums of
mo^ey be levied for the current year, co 1 1 ec 1 1 b 1 e in 1 992 upon
the taxable property in the City of Orono, for the following
purposes :
General Fund $],644,831
Special Assessments against City property
for the City's share of 1985 sanitary sewer
project {G.O. Sewer Imp Bond 1985)
Lost Tax Receipts Due to Abatements 1990
G.O. Sewer Improvement Bond 1985
G.O. Sewer Improvement Bond 1980
G.O. Sewer, Water, Street Improvement
Bond 1982
Bonds of Other Government Units -
H.R.A. Building Bond
TOTAL
5,630
6,220
50,000
16,800
5,500
232,400
$1,961,381
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hearing.
instructed to transmit a
to the County Auditor ofThe City Clerk is hereby
certified copy of this resolution
Hennepin County, Minnesota.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held August 26, 1991.
Barbara A. Peterson, Mayor
ATTEST:
l5or^.iy M. Haiim, city Cierlt
8891.8
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HENNEPIN
DEPARTMENT OF PROPERTy TAX AND PUBLIC RECORDS
A607 Government Center
Vlinneapolis, Minnesota 55487-0067 ffTlA cfif
Crossroads To Service r
August 19, 1991
AUg
^ ^ 39nDorothy M. Hallin, Clerk
City of Orono
P O Box 66
Crystal Bay, Minnesota 55323
Dear Ms. Hallin:
As required by the Truth in Taucation legislation, we are notifying you of tJ'.e
public hearing dates set by Hennepin County Board of Commissioners and the
school districts to adopt the levy for taxes payable in 1992.
Taxing District
Hennepin County
School District 276
School District 277
School District 278
School District 284
Original Hearing
November 19, 1991
November 21, 1991
December 9, 1991
December 9, 1991
December 9, 1991
Reconvened Hearing
December 3, 1991
December 5, 1991
December 16, 1991
December 16, 1991
December 16, 1991
We are now asking that you set your city's dates and times for the original
budget hearing and for a sconvened hearing. The reconvened date must be at
least 5 business days after the first meeting, but not more than 14 business
days. Although we will only be printing the original hearing date on the
notice, the reconvened date needs to also be set at this time. The hearings
may be held anytime between November 15, 1991, and December 20, 1991, as long
as they don't fall on the dates shown above.
We ask that upon determining the dates, times, places and phone number for
taxpayers to call, that you fill out the enclosed form eind return it to us in
the envelope provided. Minnesota Statutes 275.065 requires it be returned no
later than September 3, 1991. We are also enclosing a proposed levy form for
you to conplete and return by September 3, 1991.
HENNEPIN COUNTY
an equal opportunity employer
Dorothy M. Hallin, Clerk
August 19, 1991
page 2
The expense of preparing and mailing the Truth in Taxation notices is to be
divided in thirds among the county, school and city. Each city's portion of
the third will be determined by population. You will be billed in November
after the mailing costs have been determined.
If you have any questions, please contact me at 340-5100.
/
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82291.3
TO:
PROM:
DATE:
Mayor and City Council
Tom Kuehn, Finance Director
August 21, 1991
SUBJECT: 1992 Budget Narrative
ISSUE
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1. Highlight 1992 budget appropriations
2- Highlight 1992 budget revenues.
DISCUSSION
1. Appropriations
Preliminary General Fund Budget
The 1992 prelimiriary general fund expenditure budget as presented
reflects an increase of !?89,070 over the 1991 budget, a 2.93%
increase. The significant changes from 1991 to 1992 are
discussed by department.
* The City Council increase of $3,100 is due to increases from
the LMCD of $2,925 and the mandatory application FICA to Council
members salary of $950, offset by a decrease in audit cost of
$630.
* The Administration increase of $9,290 is due to personal
service cost increases of $6,750, office supplies increases of
$1,050; printing and publishing increases of $1,050; maintenance
of office equipment increases of $620; data processing increases
of $250; other charges increases of $400. The increases are
offset by decreases in other consulting $500; and in meetings and
conferences of $360.
* The Elections increase of $15,160 is due to 1992 being an
election year and also being the first time for a presidential
primary in April along with the normal state primary in September
and the general election in November. The cost of contract
maintenance on the election machines has also increased
significantly, from $632 in 1990 to $2,080 in 1992.
* The Assessing increase of $2,800 is made up primarily from an
increase of contract assessing service of $2,400 or 3.6%.
* The Finance increase of $12,330 is due to increases in personal
services of $7,580; maintenance of office equipment of $230; and
data processing costs of $4,620 (including $2,300 increase in the
class 2 assessment).
* The Legal budget reflects a decrease of $12,700 due to expected
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reduced prosecution costs.
* The Government Building budget reflects a modest increase of
$340 but may need to be reassessed depending on the progress
the new facilities during 1992.
* The Human Services increase is $230 or 1.6% overall.
* The Police budget increase is $48,160 or 4.5% and is comprised
of the following: salaries and personal services increase $33,630
(4.0%); operating and maintenance supplies increase $1,600;
jipment and office rental increase $2,260; data processing
increase $5,420; meetings and conferences increase $1,500;
insurances increase $850; capital outlay increase $3,200.
* The Fire budget increase is $ 1 3,000 or 7.2%. However at this
time we only have firm costs from one of the four cities we
contract with.
* The Building and Zoning budget reflects an increase of $13,310
or 4.5% and is comprised of the following: salaries and personal
services increase $12,320; maintenance and repair of equipment
increase $600; data processing increase $370.
♦The Emergency Preparedness budget reflects a decrease of $320 or
8.7% due to decreases in supplies of $200 and telephone of $100.
* The Animal Control budget is increased $2,730 or 23-9% due to
personal service increase of $1,570; postage increase of $900
(dog license applications are mailed in even numbered years);
printing increase of $130; and auto maintenance increase of $100.
* The Engineering budget is the same amount in 1991 and 1992.
* The Street Maintinance budget is increased $18,490 or 3.9% with
personal services up $8,020; maintenance and repair supplies up
$7,000; travel/mileage up $2,950; and insurance up $520.
* The Parks and Recreation budget is increased $1,850 or 3.5%
with personal services up $1,600 and insurances up $130.
* The Recycling and City Clean up budget is decreased $1,070 or
1.6% due to decreased labor of $1,130; offset by incereased
printing of $200.
* The Special Services - Consulting & Police budget increased
$3,750 or 11.6%. The personal services for police overtime used
for crowd and traffic control generally at area restaurants is
increased $3,300 and is reimbursed to the City 100% hy the user.
Professional services used in connection with land use
applications are up $450 and are funded by the user through
permit fees collected and direct billing of additional services
utilized.
* The Special Projects, Contingency and Transfer budget reflects
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a decrease of $41,380 or 32.7% from 1991. The contingency for
unscheduled saxary adjustments has been eliminated for 1992
decreasing $17,500 special consulting projects for 1992 have been
decreased $8,000; and special solicitations for donations from
the City have been eliminated, reflecting a decrease of $16,000.
The annual transfer to the improvement and Equipment Outlay fund
for depreciation of General Fund equipment has been retained and
increased by $2,050. The contingency amount, usually $25,000,
has been eliminated for the second year.
SPlCIAL revenue funds
park Fund - the improvements anticipated for 1992 of $6,100 are
all carried over from 1991 projects not done and are for signage
at several parks, a gate at Lydiard Beach and a drinking
fountain at Hackberry Park.
Equipment Outlay Fund - The capital outlay anticipated for 1992
is for the following:
Weather siren in Crystal Bay area
Office equipment for - finance dept
- bldg & zoning
Automotive equipment for - street dept
- park maint
Other equipment for - street dept
- park maint
17,650
2,750
400
45,700
5,000
45,500
5,500
TOTAL $122,500
The detail for this equipment is reflected on page 29 of the
proposed 1992 budget.
Building Outlay Fund - At this time the only amounts reflected
for 1992 disbursement from the fund is the operating support
transfer to the General Fund of $105,800.
CONSTRUCTION FUNDS
The Municipal State Aid construction Fund (MSA) reflects
anticipated capital improvements for the Old Crystal Bay Road
Bridge ($560,000) and an overlay project for Brown Road North or
Willow Drive North ($1,000,000) and funding is anticipated mainly
from state aids set aside for Orono.
The Permanent Improvement Revolving Fund (PIR) reflects the first
of three installments toward storm water contour maps of the City
and the expected transfer of monies collected on the County Road
15 street light assessments to the General Fund for repayment of
the project advances from that fund.
DEBT SERVICE FUNDS
Total debt service fund payments for 1992 are anticipated to be
$244/830. The outstanding principal balance at the end of 1992
will be $>45,330 for the Debt Service Funds oond issues.
ENTERPRISE FUNDS
Within the Water Operating and Sewer Operating Funds the
construction and debt service for the 1989 G.O. Revenue Bonds
have been spread between the two funds and segregated by project
and debt redemption. A proportion ’ebt redemption schedule is
shown with the water portion and * '»er portion. Each project
is totalled separately, each de .ice portion is totalled
separately; and the operation of >. water system and the sewer
system is totalled separately. The depreciation is reflected as
an operating expense in all the enterprise funds and all capital
outlay from operations appears as a focv'^ote and is not included
in the department or fund totals. The fund totals in the Water
Fund and the Sewer Fund will appear unusually high, however,
these totals include the util / construction proj s and debt
service, which are funded separate from operati and have
separate cash accounts.
2. Revenues
The tax levy limit for the General Fund is $ 1,644,8 3 1 , a zero
increase from 1991 as established by the State. With some very
small special levies the General Fund tax levy is expected to
increase about $5,940 or .36%. There ai. scheduled debt service
levies for 1992 of $72,300 plus an estimated levy for the HRA
building bond of $232,400, bringing the grand total of proposed
tax levies for 1992 to $1,961,381 compared to $1,713,541 for
1991, an increase of $247,840 or 14.46%. However the levy is
subject to possible decrease adjustment at the budget hearing
later this year.
The 1992 license and permit revenue is expected to be down about
$8,300 or 6.7%.
Intergovernmental revenues, aids from the state, federal and
county are expected to be up $4,900 in 1 992 an increase of 2.7%.
The increases are expected ii. the police state aid, state aid for
street maintenance, and in the county grant for the r ’cycling
program. The City will however, not receive any local government
aid.
Charges and fees for servi'^es provided to the public and to other
governments is projected to increase $22,460 or 3.47% with most
of the increase provided by the police service contract to other
cities in the amount of $19,850. The police contract service
figures ate based on the same level of service in 1992 as 1991.
The fines and forfeitures projected for 1992 reflect a decrease
from 1991 of $9,650 or 8.17%. The reduction is based on the 1990
actual revenue being unoer the 1989 revenue by over $17,000 plus
the 1991 r.3venues through June are about 33% less than the same
time last year.
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The interest on investments is expected co decrease aoout $6f890
due to the declining interest rates.
The projected operating transfer from the Building Outlay Fund is
up 3% to $105,800 for 1992.
With the revenue budget at the current projected amount the
General Fund will need to use fund balance in the estimated
amount of $70,290. in other words at this time the projected
expenditure budget is $70,290 greater than the projected estim'^te
for revenues. U-'ing the figures as presented the estimated
General Fund fund balance at 12/31/92 is projected co be
$984,000.
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To:
From:
Date:
Subject
Mayor Peterson & Orono Council Members
John R. Gerhardson, Acting City Administrator
Augu&t 22, 1991
City Facilities Progress Report
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Due to a mix up in time for the Facility Design Committee ..
meeting on Tuesday# August 20, Mr. Boarman was unable to present;^
the attached information for your review.
Recoamendation To accept the information as presented from Mr
Boarman regarding the facility design.
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MEMORANDUM
DATE:
TO;
RE;
August 21. 1991
Mayor, Council and Committee ^L'c
Project Costs
Hearing Exhibits
a 2
PROJECT:
FROM;
Orono Municipal Facilities
Jack Boarman
I apologize for attending the Tuesday meeting at 5 00 o’clock, when ail of you attended it at the
correct time of 3:30. Somehow I did not hear or it did not register that the time was changed. I did
have good news for the meeting as follows:
1.The building design has achieved the size goals as discussed, with the City Hall now at
16,500 sq. ft. and the public works garage is at 24.500 sq. ft. This was accomplished
without reducing the individual work area standards but. making the plans more efficient. A
reduced copy of the plan is attached for your review.
The reduction in square feet has generated a cost saving of $33^.000 while maintaining an
ample $150,000 contingency. A revised copy of the budget is attached. Kraus Anderson
has reviewed the sitework costs and felt the funds were adequate. The total project cost
could be reduced to $4,075,500. This amount includes the complete furniture and
equipment amounts.
For the public hearing we will prepare and deliver by this Friday the following:
B.
C.
Plans showing the existing staff and service areas in the new building illustrating
how it provides only a modest and appropiate growth plus needed areas not
currently provided, but typical for cit> halls and public works.
A space listing illustrating the proposed areas as compared to the existing.
The revised project costs as is currently included.
4.The stall should provide the following;
B.
C.
For public works a list and the cost of the equipment to be stored in the facility.
Additional Information on the vehicle repair process and the cost issues
surrounding doing this work inhouse.
The police department service and cost issues that require the need for the
holding arxf secured areas.
The amount of meetings at the City that could be bener accommodated in the
council meeting area.
The design work on the buildings and the site are both functional and cost effective with an image
that is unique to the City of Orono. Thank you for giving our firm this opportunity to be Oi service.
CITY OF ORONO 6/11/90
PRELIMINARY COSTS STATEMENT Revised 6/20/91. 8/10/91
CITY HALL / PUBLIC WORKS Revised 8/20/91.8/21/91
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1. BUILDING CONSTRUCTION
COST
CITY HALL POLICE CONSTRUCTION
16.500 @ $80/S.F.
PUBLIC WORKS CONSTRUCTION
24.500 S.F. @ $48/S.F.
UNHEATED STORAGE
5.000 S.F. @ S30/S.F.
SUBTOTAL
2. SITE DEVELOPMENT
•SITE UTILITIES
•SOILS CORRECTIONS
•LANDSCAPING/SCREENING
•BITUMINOUS/CURB & GUTTER
•DEMOLITION (EXISTING CITY BLDGS.)
SUBTOTAL
3. OTHER COST IMPACTS
•LAND COST
•SALE OF EXIST. MUNICIPAL SITE
•SALE OF PORTION OF SEWER POND SITE
SUBTOTAL
4. CONSULTANT COSTS
ARCH/ENG. FEE COSTS
BONDING FEES
DISCOUNT COSTS
SUBTOTAL
6. CONTINGENCY
7. COST SAVINGS
8. FURNISHINGS & EQUIPMENT
•C.H. ALLOWANCE @ S10 S.F.
•P.W. EQUIPMENT ALLOWANCE
•SAND & SALT STORAGE
•MOVING COSTS
•PROFESSIONAL FEES
SUBTOTAL
$1,320,000
$1,176,000
$150,000
$2,646,000
$25,000
$160,000
$60,000
$90,000
$35,000
$370,000
Deduct
Deduct
$292,000
($34,500)
($150,000)
$107,500
$215,000
$60,000
$60,000
$335.1
$150,000
($339,000)
$175,000
$175,000
$75,000
$15,000
$27,000
$467,000
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Prom:
Date:
John R. Gerhardson, Acting City Administrator
/7
Mayor Peterson & Orono Council Members
August 22, 1991 -5>.
Subject: Resolution Recycling Multiple Dwelling
Prior to July 1, 1991 Hennepin County only required
residential recycling. Effective July 1991, multiple dwellings
are required to recycle.
I have prepared a resolution as a requirement of Hennepin
County providing funding to our recycling program.
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A RESOLUTION AUTHORIZING A MULTIPLE
FAMILY RECYCLING PROGRAM
NHBREASf the City of Orono is a Municipal Organization
existing under the laws of the State of Minnesota; and
WHEREAS* Hennepin County now requires that recycling
services be available for multiple family housing, and
WHEREAS* the City of Orono has a residential curbside
recycling program in place.
HOW* THEREFORE* BE IT RESOLVED that the City Council of the
City of Orono does hereby approve of multiple family recycling in
the City of Orono.
Adopted by the Orono City Council on this 26th day of
August* 1991.
ATTEST:
Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor
82291.
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TO:
DATE:
DATE:
John R. Gerhardson, Acting Adniini strator ‘f
Dorothy Hallin, City Clerk
August 22f 1991
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SUBJECT: Employment of Carole Haseman - Secretary/Receptionist
ISSUE - Employment of secretary/receptionist.
INTRODUCTION - As you are aware since the resignation of Teri
Naab and the appointment of Lin Vee as Deptuy Clerk a vacancy has
existed in the secretary/receptionist position.
DISCUSSION - An advertisement for the this position was placed in
the Star Tribune {1 Sunday) and Laker/Pioneet (2 weeks). Over
125 applications were received. After review of these
applications by Teri Naab, Lin Vee and myself the candidates were
narrowed to 18. From these, 8 persons were selected to be
interviewed by myself with Jeanne Mabusth and Lin Vee in
attendance. After reviewing each candidate and their typing test
three candidates were selected for a second interview with you in
attendance.
After the second interview the position was offered to Carole
Haseman and she has accepted giving a start date of September 9,
1991.
RECOMMENDATION: It is recommended that the City employ Carole
Haseman as a full time regular employee effective September 9,
1991 at Level 4, Step 1, $10,187 per hour.
PROPOSED MOTION - Moved by _, seconded by _, to employ Carole
Haseman as secretary/receptionist at Level 4, Step 1, at $10,187
per hour effective September 9, 1991. In accordance with the
Personnel Policy, Carole will have regular reviews of her
performance during the 1 year probationary period. After
completion of satisfactory performance during the probationary
period Carole will be eligible for a salary increase to Level 4,
Step 2, September 9, 1992. Ayes , Nays __.
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PROM:
DATE:
81Q91.1 0
\
John R. Gerhardson, Acting City Adm i n i s t r a t '
Dorothy Hallin^ City Clerk
August 19, 1991
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SUBJECT: Temporary Classification Change - Part Time Clerical
Jamie Bosma
I_££UE - Need for full time
secretary/receptionist is employed.
staff strength until
DISCUSSION - On August 9, 1991, Council accepted Teri Naab’s
cesignat ion and the appointment of Lin vee as Deputy Clerk. As
of that date the clerical staff has been short one full time
person.
The current part time person, Jamie Bosma, has stated she would
be willing to step into the secretary position formally occupied
by Lin Vee on a temporary basis if she is compensated according
to that postion's classification.
This same temporary change was approved in April of 1990 for
Jamie prior to the employment of Lin Vee.
RECOMMENDATION - It is recommended Jamie Bosma's classification
as a part time regular postion. Level II, Step 4 ($9,549 per
hour) be changed to full time Level IV, Step 1 ($10,187 per
hour). This change would be in effect from August 12, 1991 unti 1
the position has been filled (Septemoer 9, 1991.) At that time
Jamie's classification would revert to part time regular postion
Level II Step 4 ($9,549 per hour.) During this full time period
Jamie will be performing the tasks normally per ' ^rmed by the
person employed in this position.
TO:
FROM
Mayor and City Council
John R. Gerhardson, Acting City Administrator
Forwarded recommending approval.
if
PROPOSED MOTION - Moved by seconded by Council approves
the temporary classification change for Jamie Bosma from a part
time regular position. Level II, Step 4 ($9,549 per hour), to
full time Level IV, Step 1 ($10,187 per hour) effective Augjst
12, 1991 until September 9, 1991. At that time Jamie's
classification will revert to part time regular postion Level II,
Step 4 ($9,549 per hour). Ayes , Nayes
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TO:
FROM:
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Mayor Peterson and Counci Imerribers ^
John R. Gerhardson, Acting City Administrator';^'''^
DATE:August 22, 1991
SUBJECT: Appointments Resolution
On August 12, 1991 Council amended Resolution 2919 aesignating
appointments for 1991.
The Council also appointed Mary Butler as alternate to the Policy
Committee for the Highway 12 Corridor Study Committee. I have
also inserted Stephen Sullivan’s name when it previously
indicated Police Chief.
Recommendation to approve Resolution #
amended on August 12, 1991.
and Resolution #
PROPOSED MOTION - Moved oy
Resolution #_ and Resolution #
Ayes , Nays
by to approveseconded _
as amended on August 12, 1991.
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A RBSOLDTIOH AMENDING RESOLUTION #2919 DESIGNATING SELECTED
APPOINTMENTS FOR THE YEAR 1991
BE IT RESOLVED by the City Council of the City of Ocono,
Minnesota that the appointments and designations for the year
1991 be amended as follows:
APPOINTMENT/DESIGNATION 1991
Representative to Association of
Metropolitan Municipalities
John R. Gerhardson
Legislative Liaison AMM John R. Gerhardson
Emergency preparedness Director Stephen X. Sullivan
Minnesota Police Recruiting System Stephen X. Sullivan
Gary Cheswick (Alternate)
Highway 12 Appointments:
Policy Committ j Barbara Peterson
Mary Butler (Alternate)
Adopted by the City Council of the City of Orono, Minnesota, at a
regular meeting held August 12, 1991.
Barbara A. Peterson, Mayor
» test:
Dorothy M. Hallin, City Clerk
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A RESOLOTIOH AMENDING RESOLUTION NO. 1725 AUTHORIZING THE CITY
DEPOSITORIES TO ACCEPT MACHINE - SIGNED SIGNATURES ON CITY
CHECKS, DRAFTS, AND OTHER ORDERS
BE IT RESOLVED by the City Council of the City of Orono,
Minnesota, that all designated depositories of the City are
authorized and directed to honor checks, drafts, or other orders
drawn in the name of the City when bearing the single hand
written signatures of the Treasurer, Deputy Treasurer, or City
Administrator if the instrument is for less than $5,000; and the
hand written signatures of three of the following if the
instrument is for more than $5,000: Mayor or Acting Mayor, City
Administrator or Acting Administrator, Treasurer, or Deputy
Treasurer.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on August 12, -91.
Barbara A. Peterson, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
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LIST OF LICENSES FCR COUNCIL APPROVAL
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PerTrit
PARADES & SPECIAL EVENTS PERMIT APPLICATION
CITY OP ORONO, MINNESOTA
Fee: S50.00
Phone Number \ "7
Name ^ jr>-vx^A r ..
Address; J )^<yC
ilhy, State, Zip; Si-L<^^'<, /V><^W- y-y'^A- •iM
Location of Parade or Event:
Person(s) and/or Organization {s ) Hp./i.ilir'V ' .2 Eve r.z: / Ayh\Ac
"T*?<^(lt>Avk^^iJT /^Ti2./~c TZ-'L~ ' j^yb I >^S *• • ._•'• ' ^ ^ •' TTvX L______
Date of Event; i ( ) Hour:; of Event;
Reason or Purpose; CL>^'S /v*^o /?A-.^S /^.Vt4>, vx^ v^^
Insurance Company; 3? Kj 6 vfr -TqgAire Iac . Amount;^ t^(PCO,ooO
Copy of insurance certificates to be submitted with this application.
I am aware of all applicable State and other laws regarding parades and
special events and will abide by same. I also agree to hold the City of
Orono harmless from all liabilities that may arise directly or indirectly
from the parade or special event approved by the granting of this perm''-.
'^i gnature
^ !
Date
Approved;Denied:By;
Remarks;
tm OF ORONO
F imnCE OFFICE
^"‘^AOOOQOA ^A%J'
.01 CEH 50.00
CHECK TL 50.00
RECEiRT-nm YOU
0220930 COOi ROl T17:Ql
03/12/9.
--'ccvyr -
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CITYof ORONO
Post Office Box tSo*Crystal Bay, Minnesota 55323 • MunicipaJ OfSces
On the North Shore of Lake Minnetonka
DATA PRTVACY ADVISORY
■I
You are notified that:
1. Tha infcrmaticn you f.'rr.ish will be used to d-bernine your
qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require that
•the City deny the j;ermit or license.
3. The information may be shared with other local, state or
federal agencies to the extent necessary to process the permit or
license.
4. If your requested permit or license requires Council action
to approve, some information may become public.
5. You have certain rights under M.S. 13.04 to review private
ta on yoursexf.
o. Your full name is required to process this application or
permit.
t*:-
u First Miu 51e
I i J % T r LJ w—\
Last
Address
^7'iLo^x^ P»A\L . /VI rr Y
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City '' State Zip
i.
Phone
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I understand my rights as stated above.
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•UILDING A ZONING - 473-73S7
ASSESSING
i:.
ADMINISTKAnON A FIN AM - 47).7j5<J PI. BwIC WORKS - 473-7359
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Interof + ics lie^(rio
Date: August 20, 1991
To: Acting City Administrator John berhardson
From: Chie-f o+ Police- Ste/e Sullivan
Re;Vikina Bassmaster Fishing Contest
I have reviewed the application by the Vising Bassmaster
□rganiration. Based on past events sponsored by this
organization in this jurisdiction, I do recommend issuance
o-f this permit.
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OivMRCoc^r•^.C^al^
Qnmmop6
AtoiaFoMf.VlMChair
OMiil Biboo*. 8«cr«iary
SpHngPaA
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LAKE MINNETONKA CONSERVATION DISTRICT
WEAST WAY/ATABOUlf VARO SUiTt WAYZATA. MINNESOTA SS39! TElfPYONt 6t?/473-70a3
EUGENE P. STROMMEN EXECUTIVE DIRECTOR
August 16, 1991
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Mr. LaMon Marchbanks
Viking Bassmasters of MN
2845 Jersey Ave S
Minneapolis MN 55426
'AUG 2 C 1991
Dear Mr. Marchbanks:
The I.MCD has approved your renewal application for
the Viking Bassmasters of Minnesota tournament on
October 6, 1991 from the North Shore Drive Marina,
subject to the following:
1.Permit requirements of the Sheriff's Water Patrol,
the City of Orono, and the DNR Fisheries must
be met.
2.
3.
Use of starting guns or bull horns is not permitted.
Participants must be notified to clean all weeds
from watercraft, including wet wells and other
internal areas, as well as external areas including
trailers.
4.Participants must b_ notified that they are required
to comply with applicable LMCD boating ordinances,
copy enclosed; of importance are the regulations
limiting watercraft speed to 40 mph and noise
to 82 dbA.
5.All temporary signs for the event visible from
the lake must be removed within 24 hours after
the event, and all signs must comply with city
ordinances.
6.
a
b
Deposit refund is subject to:
compliance with above stipulations;
a copy of the DNa permit being submitted prior
to the event;
a copy of the completed DNR Tournament Fishing
Reports being submitted by November 4, 1991;
and
the completed LMCD Special Event Report, form
provided, being submitted by November 4, 1991.
(c on tInued )
Lake Minnetonka Conservation District
LaHon Marchbanks
August 16, 1^91
Page 2
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Your cooperation in our "Save the Lake" program remains
appreciated.
Sincerely,
LAKB-1*lINNETONKA CONSERVATION DISTRICT
Rachel Thibault
Administrative Technician
RT:jIm
enc: application, summer rules. Report
c/enc; Sheriff's Water Patrol
City of Orono
D.N.R. Fisheries
North Shore Drive Marina
c: JoElIen Hurr
Lake Use Chairman Robert Pillsbury
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Interof-fice Hemo
Date:Hi. oust
To:Acting
From:Acting
Re;Set Up
Acting City Administrator John Gerhardson
Actinq Chie^ of Police Gary Cheswicf
Minnetonka Art Center - Smith College Club
This Department has reviewed the application for the Smith
College Club to have a Set Up Permit at the Minnetonka Art
Center. We have reviewed past events in which the Smith
College Club has received similar permits, and find no
problems ever associated with these permits.
Therefore, I recommend issuance of this permit to this
organisation.
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PHOfJE GU-296 61^9
MimJESOFA OEPAI\rMErjT OF PUBLIC CArETY
Liouon corainoL DIVISION eveut :
333 SIULEY • ST PAUL, Mfj «j5101 ____ olnlo. JDATE;
TIME: S'-5'r>
APPLICATION FOR CONSUMPTION AND DISPLAY (SET UP| PERMIT V
OME LAY PERMIT FEE ?25.0J
ir NAMf AND ADDRESS SMQV^P^ ARE
hOT COnniCT. VAKE CHANGES JN
SPACES eCLO»^
am
LHAHCEI t}::io6o Lcci m
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NOTE: ALL‘ON-SALE* INTOXICATING LIQUOR LICENSEE S ARE EXEMPT FROM APPLYING.
ib<tc
r4«ii»« of BoMnati or Cluo
Aitpiicaoia Naino lUuutynt, lyduoitoto. Coipi>i«itoM|
ShM’-V^s 0>\W^ Cl(u»o ^
1 **d« r«*<n« O* OllA
Outinoit Stroai A«Of««i o« Ov f^moM (/
^0 t^T’€v\ 37^1 UJootl C Ilif Pt)
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Siai*
AW Zip Coda
5'S‘Y3if
Nomo ol Uyfl4li»f OwnM .
Afle tuuu OR ousiNcss nntMiSrj'Sti^AfTAI I nioMZfl"
OTHCR BUflHClt tlTABLISMMCNTf
It ARBLICAflON
NCMCWAI.C]
Addiail «l OfvnM . - .
AJc AtK ,Mx'7'2ct>"/U^-V
a 5 oil .A»H.U A ^.ON INTOXlCAIlNO ma LT w^JOA l/iC IN ilSliCS
TO THIS tUSlNfSS FOR THIS COCATIONf
Qvtt yEltfm
If 1 RANi^ t H. Fuhm I A LiLiHSEES NAME AMO BuSiNtii I riAdr7«AM|'
r ransfcr
Uw»irv«t» f'AilitOi/Oflk«f
ron A PUOLtC business ;
li i PiHftentilp, Sl>H Na>r»f jfuj A>iij»cn ol Pat»* Pitino#- t' • Coipo*«i<o'« Si»<t i^t $nu Add'rti ol E#cf» OHicti
Addiiii
UoMfldlft Ptilnti/QlflCH
Ou»m«U P44IAM/OU1CM
Add* •!«
Addi«»t
Usia Clufl Ui««4>ir*dnso:^
t.dMflli tlwS"
A| INOMiM IMAIIOIM
FOW A FniVATC CLUB
NwmOdf Ol Aniounijjl OudI ll•qwtf•
^At . (2>rcJuJj^ ^ ClU^ ,
N-hr
CTo¥ OTncoc/DROClat Nonto
O«r«t«0 o* R«*«t«Of /iM
{\}o.Yi<JL^ (2>t»\V«AO-^
ciut.orruot/•t N oim
L\.i^
CIwO Olftc* /OiiociM Nomo
L. Cec«’K H Vf
ft* Mtmoott To Sio»« Liowotl (—\
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Add«ttt . ^ ' f I
6^y((cj nnuo-o^ j loipjlp.
^<»‘*** I / I Ti n 1e 4JU Ta<A(^.
Hat applicant;!! partnerslilp, any partner: if corporation, any officer or director; If club, any club officer or director, ever
had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted lor any violation of State
Lam or local ordmancet; if so, give date and details A/oV ^ ckro<>^ i
( hoiotiv COtllfy fBai fNt aAlwBH ait Uua of »«V kno*%l*t>««r *a *I woor#«iond |N«I |l%« O* ••It# •nlo»*«Ollon Of |h# l•«lqf• 10 fl»0 oa«|lnoA| InlOfmailon
conitliutttaawia lot ttvocailoRot tMf pt«mn any PERMIT ISSUED he REUNOER DOES NOT IHC SALE Of INIOXIC a TINQ LIQUOR.
NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION
UNLESS APPROVED AS PROVIDED BELOW
If THE BUSINESS *S LOCATED IN A COUNTY:
A#am*oa ~ Ch*ifao*40A Coynlf BotiO of n«af«i«Ai§n«q 0«i«
IF THE P* NESS *S LOCATED IN A MUNICIPALITY
Appfovtd - CooficM rttilUdoi Of RtpitunitiH*
rt toot ia/«ai
Uait
c V^ClA<4-
S<t^«iwfa - Auiho«ii»d A^p4t<oAi Oa»o
If A CLUB ATTACH A COPY Q$ THE CONSTITUTION AND
BYLAWS Of THE CLUB AND A_JCURR£NT LIST Of
members -^ fc^/dCayo
CASH ________________
CHECK ios-
:
ITY of ORONO Crystal Bay, Minnesota
3CILDING ZONING - - ••’35"
assessing
system IN*5TALL£HS
IlDDT^r CATICN
All ^questions iSIiior So^eievage
of insurance, and evls-e..^-- '- . h • r^r,„ = “ M^lveVioo pf*-on'^ence muse acccu.cany tnis app-x^at^.on.
Inip^^LftionfLe s^ibject to a teo (lb, day approval period.
# X / y\ ^
1.
2.
3.
4 .
5.
Business or trade r.ane /iy^.r.V ^ t'Xr<n.C'^
Business address ^4/. /^
Business phone <V//-Residence phone
Name of applican^r comply .represent^^holding MPCA
certif ic ■> tion yy>>v^y
Id: ^>>--'*^nstalle
Site evaluator _ _ _System desicner
Pumoer
6.
7.
8.
10.
_ _ _ Site evaluator - - -ay£,^em r^bar-*-1 ^ir^ate No .Is this a Provisional Certificate. /- -
,-. a. ^ a r-a+-o i <; hpld orovide evidence of attendance at
one^of the On-Site Sewage'Treatment Workshops held immediately
prior to the current construction season.
Have you ever held a Septic Syste.m I.n^talle- license
Orono before? ^^^'Most recent year Z2Z^-
Have you ever had a license revoked? 2^_ W..en. -- - - --
Where? _ _ __NoDo you do Municipa.l Sewer nook-ups? les
Do you p^unp out sGptic tanks? Yes- - -
No
rTTV nc nQpijn L A i t wfr ut^ jnucv'Ki^i^irc ifrjrc
« C'l I Auu
AUVVVW
SUBMITTALS RLQUIRSD:
v^A. $25.00 license application fee.
.01 QEN
a-ECK. TL 25.00
J/.3 $10-50-100,000 minimum Certificate of Insurance .
~~7T^4 . Copy of current MPCA Certificate or evidence
^ at On-Site Sewage Treatment Workshop held immediately
prior to current construction season.
LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED.
List persons other than applicant who are authoriz'd by you to
apply for permits under your license -------—-------------------------------------
The undersigned hereby makes application to the
Orono, Minnesota, for license to install and repair septic
systems, and/or pump out septic tanks,
of the State of Minnesota and the Ordinances of the City
Date __ Cirrnfli-nrApplicants Signatur
Staff recommendation Approval
Reason for denial;
1 ✓^•^^Menial Date
City Council Action Date
n.a+-c. Tir-onse mailed
Approved Denied
r-'
y
/
‘ •'V
08/18/91 PR
C8 PRREGOR
103
<6^.
EMP • NAME DPT
X'M
^.■
. / '
•* V •■
’if-
■ .W - * • • •
■} V '. <»
t .• *.
. *I
•*/4;
V-'
iu
► J .k»4
r'
f. ,•'. .;■.
■ C ,■*
470204924
471688060
474563339
471840871
469044600
475443862
4725C3991
469526026
476643387
475989721
468821018
468622840
472529007
468701868
507585424
469686562
468420832
469087884
474667812
475380151
477500666
475444249
471569863
473141624
477647:7''
4756047
4701184C0
504260307
472500574
470584708
121262417
475344512
476018974
334506281
474822333
477028779
468909535
476783251
470700901
469848107
475382983
473746173
473609629
469629194
475569177
1012687.-6
472563051
474663296
470704904
475505292
468629488
500403192
477881539
P
R
ABRAHAMSON. FREDERIC
ANDERSON. BRUCE L
BOBZIEN. SUE A
BOSMA. JAMIE L
BOWMAN. ERIK A
BRINKHAUS. JOHN F
CHESWICK. GARY B
CORNICK. JAMES L
DELANEY JANE E
DEMBOUSKI. JAY C _
ENGLISH III.
ERICKSON. DOUGLAS J
ERICKSON. KURT R
FISCHENICH. DAN T
FRITZLER. JOHN M
QAFFRON. MICHAEL
GERHARDSON. JOHN
GOMAN. DAVID J
GREGORY. JAMES 0
HALLIN, DOROTHY M
HANSEN, STEVEN C
HANSING. CAROL J
JOHNSON. BRADLEY P
JOSTROM. FOREST J
KARNITZ. RICKY D
KENNEN. JANICE M
#i.EVANN JR. PAUL J
KNUTSON. CHARLOTTE A
KUEHN. THOMAS M
LINDSTROM. DAVID J
MABUSTH. JEANNE A
MCTNTYRE. WILLIAM E
MILLS JR. WALTcR H
MOROWCZYNSKI. JAMES
NAAB. THERESA L
NELSON. DAVID D
OBERAIGNER. SCOT. G
OBRIEN. RANDY L
OMAN. LYLE E PALMER. GREGORY A
OUAST. WAYNE A
RATHBUN. BARRY J
ROSS. JO“N A
SKREEN. DALE S STEFFENHAQEN. RONALD
STEVENS. BETTY G
THOMTON. MARK R
TOHCHECK. LAWRENCE F
TOMCZYK. MARK W
VANG. BRUCE L
VEE. LINDA S
WALTERS. LINDA G
WECKMAN. STEPHEN J
93
31
31
i:
FI
42
31
31
93
31
31
93
31
31
31
33
42
35
42
12
42
31
31
93
31
31
61
YTD
GROSS
730 00
28749 38
iS357 00
9563 80
2912 00
25853
27992
28885
302
9299
28200
184
24459
26263
26983
23636
32281
769
22358
20360
18577
9384
26933
1422
6900
41
2235
87
00
80
50
91
97
00
13
13
93
00
63
05
44
17
83
58
66
50
06
76
00
11
CURRENT
GROSS
55 00
1946.71
958.72
637.39
560 00
1522 88
1648 00
2042
252
1234
2131
103
1443
1925
1599
1392
2005
84
1202 88
1199.28
1031.52
529
1672
187
436
218
355
30
50
09
24
50
69
72
04
25
03
86
72
57
50
83
85
00
958 71
15 34711.05 2048.08
93 417 50 80 00
33 30271 65 1743.52
93 290 00 132 50
93 1808 65 162 75
31 27647.63 1748 23
12 16445.21 975.02
35 2996.85 196 84
42 16422 23 853 77
92
33
19124.51
23870.33
1023 62
1392.24
42 16734.46 1076.75
92 23144 11 1290.96
92 19627 73 117’ . 16
93 414.76 84.00
42 19217.93 1031.52
93 20388 51 1200.98
93 1791 00 240 00
31 24229.50 2407.59
31 26947 08 1692 56
31 24404.55 1408.48
33 19851 54 1199.27
12 14294.70 862.88
15 18535 74 1056 32
33 15386 84 945 12
54.365.97
!>'■ ■ ' •
!:.■
. .. •
i*‘ • "♦ * J
■
L.'*. •
rc. *13
. I
‘SI
•7-1 '
,;*-i
-‘■'-I'r:.:
•V -?
r--
?i *
"iV^*
•*f S
*
[‘t*v • <
-!
I
I
t^-'v
47736166S BUTLER, MARY C
469188026 CALLAHAN. EDWARD J
18324677 GOETTEN. J DIANN
473846272 JABBOUR, GABRIEL
469605135 PETERSON, BARBARA A
11
11
11
11
11
1450
1933
1933
1933
2400
02
36
36
36
00
241
241
241
241
300
67
67
6'
6/
00
1.266 68
■ -r'
‘V'• “ *’• \
r-'
t;
-■)1991 CITY OF ORONO CHECK NO. OATtoiio«rJ/*^ , 08/07/91
■stiie-ilH
HC8895
HC8896
HCI896
HCII96
HCII96
HC8896
HC8896
HC8896
HC8I96
HCII96
HCII96
HCI896
HCI896
HC8I96
HC8897
HC8897
HC8898
HC8899
NC8900
HC8901
HC8902
HC8903
HC8904
HC890S
HC8908
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
Ob/07/91
08/07/91
08/07/91
08/07/91
08/07/61
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/C//91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
;
AMOUNT 38.58
38.58 •
105.75
105.75 •
96
447
298
35
132
24
494
25
674
62
101
152
183
2,730
91
63
28
40
14
08
69
99
8.1
27
94
91
73
85 •
128.59
192.89
321.48 •
900.00
900.00
16 92
16.92 ■
754 66
754.66
)40.00
. in 00 •
66
66.09
10 00
10 00
100 48
100 4 8
106 70
106.70
CHECK REGISTER\^DOR
SAFE BENE
1ST
1ST
1ST
1ST
1ST
1ST
1ST
1ST
1ST
1ST
1ST
1ST
1ST
NATL
NATL
NATL
NATL
NATL
f'ATL
} TL
NmFL
NATL
NATL
NATL
lATL
ATL
POSTMASTER
POSTMASTER
^USTMASTER
COMML LIFE
M FRITZLER
G CHESWICK
M MORAN
SAFE BEN
LMCIT
LUNDS
MN BOOKSTORE
ITEM DESCRIPTION ^€M^T42290gl ^ t
/) ^
SPECIAL BILLING
FICA 7/7
PICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
FICA 7/7
POSTAGE SWR/WTR
POSTAGE SWR/WTR
POSTAGE
KILBC INS
INS REFUND
INS REFUND
INS REFUND
SPEC BILLING
NOTEBOOK
BOX LUNCHES
FK: STATS
07-3. if. PAGE 1ACCOUNT NO. INV. • < MESSAGE01-4142-290-61
01-1050-000-00
01-4142
01-4142
01-4142
01-4142
01-4142
01-4142
01-4142
01-4142
01-4142
01-4142
72- 4142
73- 4142
74- 4142
020-11
039-12
069-15
111-31
115-31
121-31
174-33
185-35
249-42
290-61
549-91
569-92
590-93
72- 4321-549-91
73- 4321-569-92
01-1262-000-00
01-4152-129-3!
01-4152-129-31
01-4151-129-31
01-4151-129-31
01-1050-000-00
01-4240 ‘"-15
01-4382-020-11
01-4240-129-31
MANUAL
•••-CKS
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
HANUA.
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL.
MANUAL
•••-CKS
1991 CITY OF ORONO CHECK NO. DATE AMOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION ACCOUNT NO. INV 07-31-91 PAGE 2 • P.O. • MESSAGEHCB90IHC8909HCI909HCt909HCI909
HC8909
HC890O
HC8909
HC8909
HC8909
HC8910
HC8911
08/07/917/91 J7/91 Ow,07/91 08/07/91
08/07/91
08/07/91
08/07/9’
09
0£ /
08/0
08/07/91
16 17 16.17 •J GERHARDSON81192
1
30
4
95
19977210
00
62
Z2.86
4.71
17
34 •
465.71
465.71 -
93 78
93.78 •
ORONOORONOORONO
ORONO
ORONO
ORONO
ORONO
ORONO
ORONO
PETTYPETTYPETTY
PETTY
PETTY
PETTY
PETTY
PETTY
PETTY
CashCASHCASH
CASH
CASH
CASH
CASH
CASH
CASH
B ANDERSON
LUNDS
MTG EXPDEVELP FILMPOSTAGEPOSTAGE
MILEAGE
PARKING
MTG EXP
SUPPLIES
EVENLOPES
EVENL0PE5
TRAVEL EXP
BOX LUNCHES
01-4382-020-1101-421001-432101-4321
01-4381
01-4381
01-4382
'1-4382
^4-4210
90-3790
174-33039-12129-31
039-12
129-31
020-11
039-12
408-00
000-00
01-4381-129-31
01-4382-020-11
MANUALMANUALMANUALMANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
••*-CKS
HC8914
HCS8U
HC8914
HC8914
HC8914
HC8914
HC8914
HC8914
HC8914
HC89J4
KCI914
HC8914
HC8914
08/07/91
Or./07/8l
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
08/07/91
42C.J5
298.28
49.22
132.96
2E 09
494 70
25.06
626.17
38.58
38.58-
99.33
149.00
183.61
2,506.77 •
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NATL
1ST NAU
1ST NATL
1ST NATL
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
FICA 7/22
01-4142-039-12
^1-4142-069-15
Ul-4142-111-31
01-4142-115 1
01-4142-121-
01-4142-1/4-33
01-4142-U5-35
01-4142-249-42
01-4142-290-61
01-4142-290-61
72- 4142-549-91
73- 4142-569-92
74- 4142-590-93
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MANUAL
MAi;UAL
MmNUAL
MANUAL
MANUAL
MANUAL
MANUAL
HC891S
HCI915
08/07/91
08/07/91 1.384.30
143.00
1.527.30 •
SAFE BEN
SAFE BEN AUG FEE
AUG FEE ■•1-1050-000-00
01-4306-299-72 MANUAL
MANUAL
HCI916 08/07/91 62.25
62.25 •SAFE BEN SPEC BILLING 01-105 000-00 MANUAL
NC8917 08/07/91 87.09
87.09 •LUNDS BOX L' NCHES 01-4382-020-11 MANUAL
HCS91I 08/07/91 15.00
15.00 *ST BONl/MINNETRISTA CLASS 01-4356-129-31 MANUAL
•
9,040.04
4.71
329.86
FUND 01 TOTAL
FUND 14 TOTAL
FUND 72 TOTAL
GENERAL FUND
PERM IMPROVE REVOLVING
WATER OPERATING FUND
F
•••-CKS
*
i.'
■
s
r
m ■
U t- ;
mr'I I1091 CITY OF ORONO CHECK REGISTERCHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION494.80367.344,17 FUND 73 TOTAL FUND 74 TOTAL FUND 90 TOTAL SEWER OPERATING FUND GOLF COURSE OPERATING10.240.92 TOTAL ACCOUNT NO % >07-31-91 PAGE INV. • P.O. • MESSAGE
1991 CITY OF ORONOCHECK NO . DATE AMOUNT
238014
238014
08/20/91
08/20/91
72 46
35.00
107.46 •
238031 08/20/91 7.41
7.41 •
238037 08/20/91 137 76
137 76 •
* H A A H •
238085 08/20/91 22.25
22.25 •
238098 08/20/91 927 08
927.08 •
238124 08/20/91 174 95
174 95 •
238130
238130
238130
08/20/91
08/20/91
08/20/91
48 86
01
167.41
216.28 •
238142 08/20/91 205.00
205.00 •
238150 08/20/91 41.50
41 50 •
238157
238157
08/20/91
08/20/91
•
239 20
707 40
947.20 •
238212 08/20/91 15 00
tV-
¥
■
■ainfTitafi-.’^air.i. • ..a .-a.
V.:»
CHECK REGISTERVENDOR ITEM DESCRIPTION
ALL STAR ELECTRIC
ALL STAR ELECTRIC
AT i T COMM
AUGIES MOBILE CHEF
BUDGET PRINTING
CARGILL SALT
COCA COLA VENDING
COLONIAL LIFE INS CO
COLONIAL LIFE INS CO
COLONIAL LIFE INS CO
COPY DUP PR INC
CULLIGAN
DAHLGREN SHAROLOW
DAMLGREN SHARDL'TW
EXPRESS MESSENGER
PEPR TRAFFIC LGT
REPAIR LGT
TELEPHONE
SANDWICH
IMPOUND CARDS
SALT
POP
AUG INS
AUG INS
AUG INS
RENTAL
WTR SOFTNER
HWY 12
SHORE LAND
POSTAGE
ACCOUNT NO INV 08-26-91 PAGE « P 0 • MESSAGE01-A233-249-42
01 4343-129-31
ni-4320-175-34
74-4802-591-94
01-4322-129-31
72-4234-549-91
74 - 4«02-591 -94
01-4151-121-31
01-4151-126-31
01-4151-129-31
01-4210-129-31
01-4343-099-17
01-4306-299-72
01-4306-299-72
01-4321-020-11
• • • -CKS
••• -CKS
•••-CKS
• ••-CKS
• • • -CKS
»««-CKS
• • • -CKS
• • • -CKS
•••-CKS
•••-CKS
y
1991 CITY OF ORONO CHECK NO. DATE
238258
238266
238266
«**•**
238275
238275
238275
238275
238275
238280
238284
238303
238330
238330
238395
238404
238404
238404
238404
238404
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
C
AMOUNT
15 00 -
19 80
19 80 •
520 20
1,445.94
53.20
53.20
27 68
27 68 *
2,766.00
2,766 00 *
CHECK REGISTERVENDOR ITEM DESCRIPTION
GLENWOOD INGIEWOOO WATER
GOPHER OIL CO GREASE/OIL
HACH CHEMICAL CO SUPPLIES
HAPPYS POTATO CHIP CHIPS
HENN CTY FIN DIV JUNE ROOM/BOARD
08/20/91 74 82 ICMA RETIREMNT TRUST ICMA 7/2208/20/91 8 55
83.37 •
ICMA RETIREMNT TRUST ICMA RETRO
08/20/91
A
16 95
16.95 •
KOEHNENS STANDARD HEADLGT
08/20/91 85.72 THE LAKER ADS08/20/91 255.23 THE LAKER FIN REPORT08/20/91 19.00 THE LAKER FIN REPORT08/20/91 85.41 THE LAKER ADS08/20/91 30.14 THE LAKER AOS
08-26-91 PAGE 2 . ACCOUNT NO INV IPO • MESSAGE
01-4231-099 17
01 -4220-249 -42
154.40
674 60 •
GOPHER OIL CO OIL 73-4220-569-92
210.16 GROUP HEALTH INC SE^T INS 01-4151-121-31
420.32 GROUP HEALTH INC SEPT INS 01-4151-126-31
466 64 GROUP HEALTH INC SEPT INS 01-4151-129-31
117 82 GROUP HEALTH INC SEPT INS 01-4151-174-33
231.00 GROUP HEALTH INC SEPT INS 74-4151-590-93
72-4234-549-91
74-4802-591-94
01-4358-080-16
01-4140-039-12
01-^. • *0-039-12
01-4341-129-31
01-4323-039-12
01-4323-069-15
01-4323-129-31
01-4323-174-33
01-4323-249-42
• *•-CKS
• • •-CKS
• •*-CKS
• • • -CKS
■ • •-CKS
•••-CKS
•••-CKS
* • • -CKS
• • • -CKS
r 1991 CITY OF ORONO CHECK NO. DATE
238404
238404
238404
238404
238404
238437
238441
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
AMOUNT
32 88
85 08
141
65
85
886
79
76
08
09
25.909 75
25,909.75 •
30.00
30.00 •
CHECK REGISTERVENDOR
THE LAKER
THE LAKER
THE LAKER
THE LAKER
THE LAKER
CITY OF LONG LAKE
LONG LAKE TIRE SERV
ITEM DESCRIPTIONMCCULLY RD
FIN REPORT
FIN REPORT
LFT 11
FIN REPORT
3RD OTR FIRE
TIRE REPIAR
ACCOUNT NO INV23-4323-354-00
72- 4323-549-91
73- 4323-569-92
73- 4531-569-92
74- 4323-590-93
01-4315-130-32
01-4342-290-61
08-26-91 PAGE • P 0 • MESSAGE
••*-CKS
•••-CKS
• • • -CKS
238445
238448
238448
238448
238448
238448
238448
H H • H A ft
238477
238477
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
67.78
67.78 •
329.70 •
LYMAN LUMBER LUMBER
14.07
14 06
MIDWEST BSNS PROD
MIDWEST BSNS PROD
OFFICE SUPPLIES
OFFICE SUPPLIES
01-4343-099-17
54.95 LANIER VOICE PROD FAX MAI NT 01-4340-039-12
54 95 LANIER VOICE PROD FAX MAINT 01-4340-069-16
54 95 LANIER VOICE PROD FAX MAINT 01-4340-174-33
54.95 LANIER VOICE PROD FAX MAINT 01-4340-249-42
54.95 LANIER VOICE PROD FAX MAINT 72-4340-549-91
54.95 LANIER VOICE PROD FAX MAINT 73-4340-569-92
238462 08/20/91 999 70
999 70 •
MARTINS NAVARRE 66 AUTO REPAIR 01-4341-129-31
238467 08/20/91 120.00-MED CTR health CARE SEPT INS 01-4151-039-12
238467 08/20/91 120 00 MED CTR HEALTH CARE SFPT INS 01-4151-069-15
238467 08/20/91 120.00 MED CTR HEALTH CARE SEPT INS 01-4151-129-31
238467 08/20/91 462.00 MED CTR HEALTH CARE SEPT INS 01-4151-174-33
238467 08/20/91 351.00
933.00 •
MED CTR HEALTH CARE S^PT INS 01-4151-249-42
ft ft ft ft ft ft
238474 08/20/91 10.957 00
10.957 00 •
METRO WASTE SEPT FEE 73-1282-000-00
01-4210-039-12
01-4210-057-14
ft * a CKS
'••-CKS
• * *-CKS
•••-CKS
***-CKS
1991 CITY OF ORONO
CHECK NO. DATE
238477
238477
238477
238477
238477
238477
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
CHECK REGISTER
AMOUNT VENDOR ITEM DESCRIPTION
14 06-MIDWEST BSNS PROD OFFICE SUPPLIES
14.06 MIDWEST BSNS PROD OFFICE SUPPLIES
56.42 MIDWEST BSNS PROD OFFICE SUPPLIES
14 07 MIDWEST BSNS PROD OFFICE SUPPLIES
14 06 MIDWEST BSNS PROD OFF ICE SUPPLIES
14 06
126 74 •
MIDWEST BSNS PROD OFF ICE SUPPLIES
ACCOUNT NO INV
01-4210-057-14
01-4210-059-14
01-4210-069-15
01-4210-129-31
01 -42 10- 1 74 -33
04-4210-249-42
238480 08/20/91 278 76
278 76 •
MIDWEST ASPHALT ASPHALT 01 -4:33-249-42
238534 08/20/91 53.18
53 18 •
MOTOROLA INC SUPPLIES 01-4210- 174-n
238537 08/20/91 316.80 MORAN MARK COURT TIME 01-4306-129-31
238537 08/20/91 M 30
331.10 •
MORAN MARK MILEAGE 01 -4381-129-31
238546 01/20/91 100 00 NAAB TERRI 8/12 CC MTG 01-4306-020-11
218546 08/20/91 100 00 NAAB TERRI 8/19 PLANG 01-4306-174-33
238546 08/20/91 100.00
300 00 ‘
NAAB TERRI 8/6 PARK MTG 01-4306-290-61
238548 08/20/91 52.84 NAVARRE HARDWARE SUPPLIES 01-4210-129-31
238548 08/20/91 4 18 NAVARRE HARDWARE SUPPLIES 01-4210-174-33
238548 08/20/91 74 74 NAVARRE HARDWARE PARTS 01-4.31-099-17
238548 08/20/91 91 17 NAVARRE HARDWARE PARTS 01-4232-249-42
238548 08/20/91 17.36 NAVARRE HARDWARE PARTS 01-4232-290-61
238548 08/20/91 26.99 NAVARRE HARDWARE PARTS 01-4233-249-42
238548 08/20/91 26 92 NAVARRE HARDWARE SUPPLIES 72-4232-549-91
238548 08/20/91 7.84 NAVARRE HARDWARE SUPPLIES 72-4234-549-91
238548 08/20/91 31.11 NAVARRE HARDWARE SUPPLIES 73-4232-569-92
238548 08/20/91 3.38 NAVARRE HARDWARE SUPPLIES 73-4342-569-92
238548 08/20/91 42.21
378 74 •
NAVARRE HARDWARE SUPPLIES 74 4232-590-93
238562 08/20/91 100.69 NSP UTILITIES 01-4324-249-42
238562
• *•••*
08/20/91
•
155.49
256.18 •
NSP UTILITIES 73-4324-569-92
238574 08/20/91 110 00 OFFICE PROD OF MN REPAIR IBM 01-4340-129-31
08-26-91 page 4
« P 0 • MESSAGE
• • •-CKS
• • • -CKS
* • *-CKS
* • • -CKS
• • • -CKS
• *•-CKS
• • •-CKS
1991 CITY OF ORONO
CHECK NO. DATE
238597
238598
08/20/91
08/20/91
AMOUNT
no 00
3.990 20
3.990 20 *
12 00
12 00 •
CHECK REGISTERVENDOR
PUBLIC EMPL RET ASSN
PEHA INS
ITEM DESCRIPTION
PERA3 8/S-8'l»
SEPT INS
ACCOUNT NO TNV
01 2031-000-00
01-4152-129-31
08-26-91 PAGE 5 • P 0 » MESSAGE
••• -CKS
• « *-CKS
238613
238613
238613
238621
238621
238621
238621
238621
238621
238621
238621
238621
238621
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
08/20/91
62 80
524 20
12 00
599 00
1,507
525
462
294
420
966
378
1 . 155
210
315
6.232
.00
.00
00
00
.32
. 16
.00
00
00
00
48
PFRRYS TRUCK REPAIR
PERRYS TRUCK REPAIR
PERRYS TRUCK REPAIR
REPAIR
REPAIR
REPAIR TANK
MEDiCA CHOICE SEPT INS
MEDICA CHOICE SEPT INS
MEDICA CHOICE SEPT INS
MEDICA CHO.CE SEPT INS
MEDICA CHOICE SEPT INS
MEDICA CHOICE SEPT INS
MEDICA CHOICE SEPT INS
MEDICA CHOICE SE PT INS
MEDICA CHOICE SEPT INS
MEDICA CHOICE SEPT INS
01 -434 1 - 129-31
01-4341-249-42
n- 4342 -569-92
01-3872
01-4151
01-4151
0i-415l
01-4151
01-4151
01-415»
01-4151
72- 4151
73- 4151
-000-00
-039-12
-069-15
-121-31
-126-31
-129-31
-174-33
-249-42
-549-91
-569-92
238628 08/20/91 1.180.36 POPHAM HAIK &ASSOC LEGAL RETAINER JUN 01-4301-080-16
238628 08/20/91 5.729 93-POPHAM HAIK &ASSOC LEGAL PROSECTNS JUN 01-4302-080-10
238623 08/20/91 5.729 93 POPHAM HAIK L ASSOC LEGAL PROSECTNS JUN 01 -4302-080- 10
238628 08/20/91 5.729.93 POPHAM HAIK &ASSOC LEGAL PROSECTNS JUN 01-4302-080-16
238628 08/20/91 121.50 POPHAM HAIK &ASSOC AUDIT OPINION LETTER 01-4303-080-16
238628 08/20/91 178.50 POPHAM HAIK &ASSOC LEGAL HRA FORMATION 01-4303-080-16
238628 08/20/91 128 30 POPHAM HAIK &ASSOC LL ANNEX JUNE 01-4303-080-16
238628 08/20/91 486 00 POPHAM HAIK L ASSOC LIO Lie RENOVATION 01-4303-080-16
238628 08/20/91 199.50 POPHAM HAIK L ASSOC G NELSON LEGAL JUN 01-4303-080-16
238628 08/2 ^91 149.00 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 01-4303-129-31
238628 08/2U/91 155.99 POPHAM HAIK &ASSOC NO TONKA CRIME 01-4303-129-31
238628 08/20/91 64.00 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 01-4303-249-42
238628 08/20/91 1.389 80 POPHAM HAIK &ASSOC LEGAL APPLIC JUN 01-4303-840-71
238628 08/20/91 759.50 POPHAM HAIK &ASSOC CITY HALL LAND ACQ 15-4303-651-00
238628 08/20/91 584.00 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 24-4399-414-00
238628 08/20/91 25.46 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 24-4399-454-OC
238628 08/20/91 24 00 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 24-4399-455-00
238628 08/20/91 16.00 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 24-4399-456-00
238628 .08/20/91 80.40 POPHAM HAIK &ASSOC LEGAL CONSULT JUN 24-4399-461-00
238628 08/20/91 84.77 POPHAM HAIK L ASSOC LEGAL CONSULT JUN 72-4303-436-84
238628 08/20/91
11
169 04
.526 05 •
POPHAM HAIK &ASSOC LEGAL CONSULT JUN 73-4303-434-82
- ••-CKS
•••-CKS
1991 CITY OF ORONO CHECK REGISTER
CHECK NO , DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV
23S6S8 08/20/91 3 SO
3 SO ft
R C INDENTIFICATIONS ID 01-4210-129-31
238661 08/20/91 12 6S
12 65 ft
SCHARBER 4 SONS INC SUPPLIES 01 -4232'290-61
238662 08/20/91 181 50
181 SO ft
REED VENDING CANDY L CIGS 74-4802-591-94
238664 08/20/91 103 85 RETAIL DATA SYSTEMS CASH PEG MAINT 01-4340-039-12
238664 08/20/91 103 85 RETAIL data SYSTEMS CASH REG MAIN!01-4340-069-IS
238664 08/20/91 103 85 RETAIL DATA SYSTEMS CASH REG MAINT 01-4340-174-33
238664 08/20/91 72.70 RETAIL DATA SYSTEMS CASH REG MAINT 72-4340-549-91
238664 08/20/91 135.00
519 25 ft
RETAIL DATA SYSTEMS CASH REG MAINT 73-4340-569-92
238668 08/20/91 363.00 REO RAJ KENNELS IMPOUND FEES 01-4306-185-35
238668 08/20/91 363 00-REO RAJ KENNELS IMPOUND FEES 01-4306-185-35
238668 08/20/91 363 00
363.00 ft
REO RAJ KENNELS IMPOUND FEES 01-4360-185-35
238675 08/20/91 2,149 60
2.149.60ft
ROLLINS OIL CO GASOLINE 01-1260-000-00
238688 08/20'91 381 . 15
381.15 ft
PARK NICOLLET SULLIVAN PHYCL 01-4306-U9-31
H ft « ft « •
238692 08/20/91 3.798.89
3.798.89 ft
SATHE 4 ASSOC INC POLICE CHF SEARCH 01 -4306-299-72
238693 08/20/91 4.100.00
4.100.00ft
SCHOENING EXCAVATING HZD 1949 EAGERNESS 24-4399-461-00
238696 08/20/91 2.777 50
2.777.50ft
SR CMNTY SERVICES 3RD QTR 01-4385-100-21
238719 08/20/91 50 00 DIXIE PETRO-CHEM DEMURRAGE 72-4234-549-91
08-26-91 PAGE
r \
)
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* * *-CKS
• • * -CK5?
* * -CKS
• • • -CKS
*•*-CKS
liairiliUlaiiii
V.,
1991 CITY OF ORONO CHECK REGISTERCHECK NO.. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV50 00 •
238742 08/20/91 330 00
330 00 •
STRGAR ROSCOE FAUSCH HWY 12 STUDY 01-4306-299-72
238754 08/20/91 375 00
375.00 *
SUBN RATE AUTHORITT 2ND HALF DUES 01-4380-039-12
238775
238775
08/20/91
08/20/91
505 00
200.00
705.00 •
TOWN & COUNTRY
TOWN & COUNTRY
AUG CLEANING
AUG CLEANING
01-4343-099-17
01-4343-129-31
238795 08/20/91 550.00
550 00 ft
TWIN CITY STRIPPING STRIPPING
01-4233-249-42
238796 08/20/91 143 76
143.76•
UNIFORMS UNLIMITED UNIFORMS 01-4221-129-31
238840 08/20/91 25 00
25.00 m
WAYZATA AUTO SERV REPAIR 01 -4342-249-42
238841 08/20/91 283 16
283 16 *
WATER PRODUCTS CO WTR MTR 72-1273-000-00
238845 08/20/91 32 76
32.76ft
WECKMAN STEPHEN MILEAGE 01-4381 - 174-33
238866 08/20/91 210.00
210 CO ft
WIDMER BROS REPAIR LINE 72-4344-549-91
238901 08/20/91 59.64
59.64 ft
BAYSIDE FLORAL FLOWERS 01-4399-020-11
238902 08/20/91 150 00
150 00 ft
BUSINESS ED SERVICES LOTUS CLASS 01-4356-069-15
238903 08/20/91 .50.00
50.00 ft
ESG COMPANY INC REPAIR TRACTOR Cl-4342-249-42
238904 08/20/91
C:
86.74 QEDBERG AGGREGATES CEMENT 01-4343-099-17
08-26-91 PAGE
,v, .t )
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• * • -CKS
•••-CKS
•••-CKS
•••-CKS
• • • -CKS
•••-CKS
• •-CKS
1991 CITY OF ORONO CHECK NO. DATE23I90S
mis.
;
yi.-'
,ps
f
. i
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a."
08/20/91 AMOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION
;•
< •
V
86 74 •188188 0000 INTOXIMETERS REPR SENSOR 08-26-91 PAGE 8 ACCOUNT NO INV • P 0 8 MESSAGE01-4342-129-3123890608/20/91 15.0015.00 M MALEFI JOHNSON MEMBERSHIP 01-4380-129-3123890708/20/91 200.00200.00 m CANADA bOOSE PROGRAM GOOSE REMOVAL 01-4360-185-35238908 08/20/91
2.299.00
2.299.00 n
SPECTRUM STMDIO INC BROCHURES 15-4322-651-00
238909 08/20/91
125.00
125.00 ft
DORSEY i ^'JcMNEY LEGAL/GOLDSMTH 01-4303-174-33
238910 08/20/91 25.00
25 00 m
GLEN PEDERSON VEE MEMBERSHIP 01-4380-039-12
238911 08/20/91 69.55
69.55 ft
HWY 55 RENTAL AIR COMP 01-4331-249-42
i -
■..4.
f
■'i•<
1
69.394.49
3,058.50
32.88
4.829.86
2,065.70
12,194.92
880.18
FUND
FUND
FUND
FUND
FUND
FUND
FUND
01 TOTAL
15 TOTAL
23 TOTAL
24 TOTAL
72 TOTAL
73 TOTAL
74 TOTAL
GENERAL FUND
BUILDNG CAPITAL OUTL.W F
MUNIC STATE AID CONS FUN
PERM IMPROVE REVOLVING F
WATER OPERATING FUND
SEWER OPERATING FUND
GOLF COURSE OPERATING FD
t- ■ ^
‘ *1 < -i 92.456.53 TOTAL
•^•-rKS
\
/
USER ACCOUNTING REPORT 00 1991 CITY OF ORONO
NUMBER OF REPORTS
NUMBER OF UPDATES
NUMBER OF RECORDS
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
LEVEL 8
LEVEL 9
LEVEL 0
TOTAL
GEMUNIS FINANCIAL SYSTEM
52
0
1 .001
0
0
0
34
0
0
0
0
2
1,039
UPDATE DESCRIPTIONS 0
SUMMARY FILE 0
PAYROLL A
BENEFIT ACCRUAL
ACTIVITY REPORT 0
CHECK REGISTER 3
TRML BALANCE 0
BALANCE SHEET 0
REVENUE STATEMENT 0
OPERATING STATEMENT 0
BUDGET WORKSHEETS 0
CLEAR-CURR-MONTH 0
CITY FILE OPTION 0
PROJECT DEPARTMENT X
CHART OF ACCOUNTS
MO. CHECK RECONCILE 0
YEAR TO DATE PERIOD 07
BUDGET RECORDS CREATED
08/20/91
FINANCIAL REPORTS
SCHEDULED RUN DATE 000000
REPORT DATE 000000
ACTIVITY REPORTS
SCHEDULED RUN DATE 082091
REPORT DATE 082691
PAYROLL POSTING DATES 000000
000000
000000
000000
PAGE
'I
St:
f
i-
f-
COUNCIL MEETING
AUG 2 6 1991
OFORONOf^}
t
f;'
MINUTES OF THE HOUSING &_REDEVELOPM£NTROLLHELD AUGUST 12, 1991 ^The Hous'*ng & Redevelopment Authority met on t.">e above
date with t;.a following members present: Chairm.n JabbCT^^
Members Barbara Peterson, J. Diann Goetten, Edward Callahan, Mary
Butler. Absent was Charles Kelley. City Attorney Tom Barrett
was also present. Representing the City were: Acting City
Administrator John Gerhardsen, Building & Zoning AUc. Inistrator
Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael
Gaffron, Finance Director Tom Kuehn, Engineer Glenn Cook and City
Recorder Teri Naab. Chairman Jabbour called the meeting to order
at 9:25 p.m.
APPROVAL OF MINUTES
It as moved by Gc*‘'ten, seconded by Butler to approve the
minutes of the meeting o‘ the HRA held on July 22. 1991. Ayes
5, nays 0.
NEW BUSINESS
(#1) Adopt Bylaws
Tom Barrett, City Attorney, reported at the last meeting the
bylaws submitted included a provision allowing the term of office
to continue one month after resignation or termination from the
City Council. He explained that this has turned cut to be
difficult to draft. He asked that the terms of office be
coterminous and this will not ever leave all positions open as
el^'ctions are staggered.
It was moved by Callahan, seconded by Butler, to approve the
amendment to the bylaws to make the terms of office coterminous.
Ayes 5, nays 0.
(#2) Approval of Construction Manager
Chairman Jabbour aauested copy of Little Canada'
contract with Kraus Anderson. He noted he has reviewed the
contract and feels there are amendments which needed to be made.
Callahan reiterated that we also need to get a maximum
dollar amount on reimburseables.
(#3) Contract with Architect
Callahan noted the City has the contract.
(#4) Appoint Attorney
Barrett explained that there are two appointments
not feel it was necessary to make those right away.
and did
i--:' ■
by'-; . ,;i'-
MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
HELD AUGUST 12, 1991
(#5) Draft Lease/Indynture Document
Barrett noted this cannot be done yet.
((#6) Temporary Loan From City
time.
Barrett explained that this item should be tabled at this
ADJOURNMENT
It was moved by Peterson, seconded by Butler, to adjourn the
HRA meeting at 9:35 p.m. Ayes 5, nays 0.
Gabriel Jabbour, Chairman
ATTEST:
Charles Kelley, Secretary
'*• 1
• >
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F.'
MEETING AGENDA
Project:Orono Municipal Facilities
Re:Facilities Design Committee Meeting
Date:August 20, 1991
A.BUILDING AND SITE DESIGN REVIEW
City Hall Plan Layout
B PROJECT BUDGETS
Current Cost Estimates
C. PROJECT FINANCING
Review of Options
D. PUBLIC HEARING PREPARATION
Hearing Presentation Agenda
List of Hearing Exhibits
omf\b\7-agencj3
CITY OF ORONO 6/11/90PRELIMINARY COSTS STATEMENT Revised 6/20/91,8/10/91CITY HALL / PUBLIC WORKS Revised 08/20/91omA8-jb1 ..........1. BUILDING CONSTRUCTION 1 COST ICITY HALL POLICE CONSTRUCTION
16.500 @ $80/S.F.
PUBLIC WORKS CONSTRUCTION
24.500 S.F. @ $48/S.F.
[
1
1
1
$1,320,000
i1
Si. 176,000
UNHEATED STORAGE i!$150,000
5,000 S.F. @ S30/S.F.
SUBTOTAL
i
$2,646,000
2. SITE DEVELOPMENT
j
(SITE TO BE SELECTED)
•SITE UTILITIES $25,000
•SOILS CORRECTIONS $160,000
•LANDSCAPING/SCREENING $60,000
•BITUMINOUS/CURB & GUTTER $90,000
•DEMOLITION (EXISTING CITY BLDGS )$35,000
1
i
SUBTOTAL $370,000
3. OTHER COST IMPACTS
•LAND COST $292,000
•SALE OF EXIST. MUNICIPAL SITE De<juct oo•SALE OF PORTION OF SE’WER POND SITE Deduct ($150,000)
SUBTOTAL $107,500
4. CONSULTANT COSTS
ARCH/ENG. FEE COSTS $215,000
BONDING FEES $60,000
DISCOUNT COSTS $60,000
SUBTOTAL $335,000
5. FACILITY COST ESTIMATE ; i
'■: ■ ■’■, ;.;;; ■;v ,
$3,458,500
6. CONTINGENCY $489,000
7. FURNISHINGS & EQUIPMENT
•C.H. ALLOWANCE @ $10 S.F.$175,000
i
t
•P.W. EQUIPMENT ALLOWANCE $175,000
•SAND & SALT STORAGE $75,000
•MOVING COSTS $15,000
•PROFESSIONAL FEES $27,000
SUBTOTAL $467,000
TOTALPROJECTESTIMATE ;■ :
-y;'■
$4,414,500
a.;
• .
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L-
LAKE MINNETONKA LAKESHORE OWNERS
ASSOCIATION. INC
P.O. BOX 596. EXCELSIOR. M.N 55331
August 16, 1991
To:
From:
Subject:
City Officials of the 14 Lake Minnetonka Lakeshore Cities
LMCD Board of Directors
Jim Uttley, Metropolitan Council
LMLOA Board of Directors
Long Range Plan
This letter is to review with you the efforts and concerns that the LMLOA has had in working
with the LMCD on the Long Range Plan. The LMLOA has grown to over 700 members and
we would like you to be aware of the issues as your lakeshore owners see them in preparation
of your joint LMCD/City Officials meeting on Wednesday, August 21.
We commend all of you who have been involved with this process. We view the Plan as a vital
document for the longevity of Lake Minnetonka.
We have made several presentations to the LMCD board, and to a subcommittee m?de up of Jim
Uttley, Gene Strommen, and Bert Foster. Our issues focus on the following areas:
1.Funding
2.Useable Waters
3.Boat Density
4.Beaching Sites
FUNDING
We support the Plan with its effort to obtain funding from those who use it. The Plan identifies
users as 60% from the 14 lakeshore communities and 40% from the remaining Hennepin County
communities. We should follow through with obtaining funding with this 60/40 balance in mind
be it taxation or otherwise.
The Plan also classifies three sources of users: marinas and yach» clubs, lakeshore residents,
and access ramps. Funding is currently obtained from the marinas and yacht clubs through fees,
and from the l^eshore residents through taxation.
r
City Officials, et al.
August 16, 1991
Page 2
We currently do not see adequate funding coming from the access ramps and we believe that this
source needs to contribute more to the funding of Lake Minnetonka. Fees from the access
ramps could help to provide funding for:
1.
2.
3.
4.
5.
6.
Inspection personnel at ramps of boat/trailers for environmental hazards
(i.e. milfoil, zebra mussel).
Cleanup personnel to maintain clean ramps.
Water Patrol support.
Milfoil harvesting
Data collection on the type and source of ramp user.
Safety programs.
Access ramp fees could come in several forms; car/trailer parking and/or ramp access fees
among others. We believe that the ramp access fees would provide the best direct means of
obtaining funds from this source.
Ramp access fees are implemented in many sites around the nation. We have researched this
and have obtained data from many of these sites.
Until an adequate funding base is implemented, a moratorium should be placed on all new forms
of lake access.
USEABLE WATERS
The Plan states that the current boat density of Lake Minnetonka is 8.1 acres per boat. This
does not take into account milfoil infested areas or the buffer zone around the lake. We believe
that the boat density is currently closer to 5.0 acres per boat due to these factors.
We also believe that lakeshore owners must be protected from future grow-th in boat densities
by extending the shoreline buffer zone to the DNR standard of 60 meters (197 feet). The
current buffer zone is 150 feet (46 meters) as set by the LMCD.
The buffer zone is as important to lake shore owners as sight and sound barriers are to homes
along freeways. Buffer zones ensure safety and tranquility and are enforceable by water patrol.
BOAT DENSITY
The Plan currently states, as the lake gets more crowded (i.e. 7.0, 6.0, and 5.0 acres of space
per boat) that more and further restrictions of riparian storage of boats will be determined.
There is also wording to further restrict marinas and outlets to the lake.
City Officials, et al
August 16, 1991
Page 3
However, there is no wording to reduce the public accesses to the lake as the lake gets more
dense. How can we cut back in some areas but not others? We could easily limit, or control,
public access to the lake by cutting back on certified car/trailer parking spaces or by
implementing ramp controls.
Telling lalceshnre owners to give up their own storage of boats is a slap in the face to the people
who are bearing the brunt of the fallout from increased density in the form of noise, pollution,
and intrusion of privacy. It is also these local citizens of the lake who are targeted to pay the
lion’s share for milfoil clean-up and the costs to implement the Plan.
As a reinforcement to riparian boat storage, we do support enforcement of the ordinance
prohibiting lakeshore owners from renting dock space.
In addition, we ask that a clear statement be made in the Plan pertaining to an upper limit in
boating capacity. The Plan does not establish an upper limit for the number of boats allowed
on the lake. Additionally, the Plan goes on to admit that ‘when conditions become too crowded,
then certain markets may leave the lake.’ We believe we are already seeing this by how little
common day sailboarding there is.
We propose that the Plan use 6.0 acres per boat as the chosen end point for cut-off.
A final word on density - even Disney World operates on a policy of "quality of user
experience" rather than blind greed. When a certain number of people pass through the gates,
access is cut off.
BEACHING SITES
The current draft of the Plan attempts to manage increased boating density by providing
beaching opportunities around the lake. These ‘beaching opponunities’ are to be created from
the ‘public acquisition of riparian land.’
We regard, ‘public acquisition,’ to also mean, ‘condemnation.’ If this is so, we would like to
see wording in the plan that describes the process to be used in acquiring or condemning land,
such as.
Method of notifying local residents
Descriptions of what suitable sites are
Possible locations
We feel the Plan is greatly flawed by marrying increased boater density to acquisition of private
property for beaching. We can think of no greater threat to neighborhood quality of life like:
noise, congestion, and intrusion of privacy, if suddenly a nearby parcel of land is condemned
and taken for high density boat beaching.
1. .
I'-
i’.:
I
t ‘ •
City Officials, et al. August 16, 1991 Page 4
The existence of outstanding amenities in the business community have dictated, to a large
extent, the distribution of boats on the water. In addition, we have found that the beaching on
the north side of Big Island only works on days with a southerly breeze. Beaching may work
on the St. Croix River, but we believe L ’ ; Minnetonka is entirely a different matter.
SUMMARY
We need to provide adequate safety, protection for the environment, reduction in noise,
pollution, and invasion of privacy, a.nd fair distribution of funding from all users. If this is
done, then the Plan has great opportunity of being embraced by the lake shore owners.
Again, we commend the mayors, LMCD, and Metropolitan Council in creating and revising the
Plan. The LMLOA presents our issues to you in a spirit of cooperation and we want to work
cooperatively to ensure a quality experience for all lake users.
We will be mailing a newsletter to the 4,300 Minnetonka lakeshore owners this fall. We are
looking forward to informing them of the progress we have all made with the Long Rii.ge Plan.
Sincerely,
LAKE MINNETONKA LAKESHORE OWNERS ASSOCIATION
BOARD OF DIRECTORS
\t*vn
Don Germanson, President
V
iv.T* : .
LAW OPnCE5
Johnson & Wood
prrTR w JOHNSON
JOHN W WOOD. JR
GARY L. PHLECER
warren V BIGELOW JR
C SCOTT MASSIE
JAMES M. VENTURA
WILUAM R. KOENIG
ANN C SCHl'LZ
RICHARD J SCHIEFFER
THOMAS A. SCHtU.NBERG II
730 EAST LAKE 5TPEFV’
WAYZATA MINNESOTA 5^’.^
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JAMES P Malkin NON
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MOLNI MJNNESOTA 55344
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DAVID J HERZI CK
EDITH L VHN5HAIL
REPLY TO WA>ZATA
August 22, 1991 0C___
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Mayor and City Council
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
? e 1991
Re; John and Pat Walker Residence
1310 Spruce Place
Dear Mayor and Council:
This is a request to give direction to City staff to issue a
Building Permit being withheld under City policies which require
that Building Permits not be issued until hardcover issues are
resolved.
On July 1, 1991, Roncor Corporation applied for a Building Permit
to add a second story to the residence of John and Pat Walker at
1310 Spruce Place. (See Zoning Administrator's chronology
attached.) Staff review noted that hardcover exceeded permitted
limits. Roncor and the Walkers explored with staff ways to reduce
hardcover. The Walkers prepared necessary surveys, site plan and
hardcover calculations which reduced hardcover from 50% to 32% in
the 75-250 foot zone. The Walkers request that a post-1975
retaining wall (which includes landscaping rock with cloth
underlay) in the 0-75 foot zone be perr.iitted to halt erosion and
bluff migration.
Walker cite in favor of approval, a rooftop water catchment and
drainage system, bluff migration and erosion, adjacent unimproved
right-of-way for sump area, unusual lot configuration and
topography.
The Planning Commission tabled to September 16, 1991 suggesting"a
return to pre-1975 hardcover levels . . . (See notice
attached.)
y
Mayor and City Council
August 22, 199±
Page Two
Mr. and Mrs. Walker have a mortgage commitment which will expire
before construction can be completed given the delays in the time
table, and carrying costs which are mounting. The Walkers are
living in the lower level of a home occupied by their daughter in
the interim.
In the event the City Council agrees to permit the staff to issue
the Building Permit, the Walkers agree to bring the property into
conformance with the hardcover ordinance by removal o. the
hardcover, by variance from the terms of the ordinance, or by a
combination of the two.
Sincerely,
JOHNSON & W
RJS/mc
Enclosure
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• • •i CITY OP ORONO P. O. Box 66 Crystal Bay« MM
473-7357 ZONING FILE #166955323NO"r tiANNING COMMISSION ACTIONotice: 8/20/91
TO:John W. Walker
1310 Spruce Place
Moundr MN 55364-9628
COP O: Dick Schieffer
730 East Lake St.
Wayzata, MN 55391
TYPE OP APPLICATION: Variance
DATE OP MEETING: 8/19/91 VOTE: 6 For 0 Against
Planning Commission recommends the following:
Tabled for reasons noted below
BOTES AMD SPECIAL CONDITIONS:
Tabled so that applicant can provide an alternate proposal for
hardcover removals. Planning Commission suggested that a return to pre
1975 hardcover levels would be appropriate.
Applicant's next scheduled meeting is confirmed as Planning Commission
on Monday# September 16# 1991; meeting starts at 7:00 p.m.
If the applicant has trouble obtaining additional information# please
contact the Zoning Department (473-7357).
If you desire certified copies of the official Planning Commission
minutes# they are available from the City Recorder after review and
approval by the Planning Commission.
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