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09-09-1991 Council Packet
P1 anr. ir.a Caruni 3a ion PUBLIC ATTLULAN'UL CITY OF ORONO • < ^ •»• V ’ f-" ♦ r~.'In. n * ^ < vj .. /A 4. n AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 9, 1991, P.M. ^gtetisk Items are considered t> oe tjotine items to be enacted upon by one motion oy tbe _ity Counci i under the Consent Item* on the aoenda. '^iscussiin will oe held upon request. Memos regardinj ea .-h of the Agenda items are available in the Public Packet wnich may oe ootained upon request from the Recorder. ROLL CALL OATH OP OFFICE - Ronald J. Moorse - City Administrator 1. CONSENT AGENDA* Oly APPROVAL OF MIMOTES * 2. Regular Meeting of August 26, 1991 * 3. Public Hearing of August 28, 1991 Stp Oy Jj.ff LAKE MIHMBTOMKA COMSERVATIOM DISTRICT - JoEllen Hurt Rep. PARK COMMISSION COMMENTS PLAMHIHG COMMISSION COMMENTS - Cd Cohen Representative POBLIC COMMENTS - (Liait 5 Minutes Per Person) SOHIHG ADMINISTRATOR'S REPORT ••APPLICANTS** Inaediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not erecute resolutions for subdivisions, vacations and denials. 4. 5. 6. 7. 8. 9. # 1663 Mark Johnson, 4465 Bayside Road - Preliminary Subdivision- Resolution #1668 City of Orono, 700 Old Crystal Bay Road North - Preliminary Subdivision - Resolution #1671 Bruce Turner, 3800 Wayzata 01 vd - Condition a I ,'se Permit #1673 Daniel J. Kluth, 2801 Fox Street - '/ariance - Resolution # 1674 Thomas t, Alice Stuck, 4 36 5 North Shore ^rive - Variance - Resolution #1675 Nina Wildman, 560 Sussex Circle and 3045 Sussex Road - Subdivision of Lot Line Rearrangement - Resolution HATOR/COmiCIL RIPORT 10. Initial Review of Park Commission Applications CITT AOMIHIRTRATOR'S REPORT 11. 1992 Lake Minnetonka Cable Common i cat i ons Commission f .-»get - Resolution Woodhill Sewer Agreement Park Lane Access Reconstruction 12. 13. AGENDA FOR COUNCIL MB'iTING SET FOR MONDAY, SEPTEMBER 9, 1991, 7:00 P.M. CITY ADHINISTRATOR'S REPORT Continued * 14. Fall Clean Up Dates Pecformance Review/Compensation Ad]ustment - r.indo Waiters ADMINISTRATOR'S INFORMATION Lake Minnetonka Conservation District Aqenda and Minutes of Technical Review Commi ^t-^-* R '22 91 ft ft 15. 16. CITY ATTOKMBY*S RBTO ITV'^City Fa^tlrt ies - HRA Enablinc; Resolution L1CBM8BB (18*) • Resolution BILLS (19*) ADJOORNHBNT I'* OrCOHING ISSUES AND EVENTS - Joint Workshop - Orono/Long Lake Counci Is - 7:00 p.m. Lonq Lake City Hall §9/§4 - park Commission 7:00 p.m. Orono Counc'1 Chamoers #9/f9 - Council Meeting 09/10 - Facilities Design Committee - 5:00 t>.m. Room 107L Education Link 09/10 • Planning Commission - 7:00 p.m. 09/17 . Facilities Design Committee - 5:00 p.m. Room 107L Education Link 09/18 - Hwy 12 Policy Committee - 5:00 p.m. Maple Plain City Hali 09/23 - Council Meeting 09/24 - Hwy 12 Technical Committee - 1:00 p.m. Delano City Hall 09/24 - Hwy 12 Citizen Committee - 5:00 p.m. Maple Plain City Hali 09/24 - Facilities Design Committee - 5:00 p.m. Room 107L Education Link Li - - ■ I P MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUS' 'J!t, 19^ ROLL A 0^ The Council met on the acovo oats with the following present: Acting Mayor Edward Callahan. Counc 1 Imembers J. Goetten, Gaorlel Jabbour ana Mary Butler, Mayor Barbara peten^j^ *9^ was absent. The following represented the City staff: <Vct1r^^ City Administrator John Gerhardson. Building 5. Zonlng^^ Administrator Jeanne Mabusth. Finance Director Tom Kuehn. City Attorney Tom Barrett. City Engineer Glenn Cook and City Recorde- Ten Naab. Acting Mayor Callahan called the meeting to order at 7:02 p.m. OATH OF OFFICE Gerhardson administered the oath of office to Stephen ,x. Sullivan as the new Police Chief for the City of Orono. (#1) CITY ADMINISTRATOR EMPLOYMENT Acting Mayor Callahan explained that the City Council selected and employed a new City Admln1strator, Ron Moorse, comes from the City of Roseville. has who It was moved by Butler. seconded by Jabbour. to confirm the appointment of Mr. Ron Moorse as City Administrator for the City of Orono effective September 9. 1991 as oer the contract attached to the memo of August 22. 1991. Ayes 4. nays 0. (#2) OFF-SALE NON-INTOXICATING MALT LIQUOR LICENSE 2160 WAYZATA BOULEVARD WEST PUBLIC HEARING - 7:06 TO 7:08 The Affidavit of Publication was noted. William Wear was not prerent for this application review. Goetten asked If this license is renewed annually, questioned the wording "non-intoxicating" as it is opposite. She also Just the Gerhardson noted that this license does have to be renewed annua 1ly. It was moved by Butler, seconded by Jabbour, to approve an off sale non-intox1fat ng malt liquor license for william w. wear. 2160 Wayzata Boulevard West for the remainder of 1991. Ayes 4, nays 0. •i-. % 'r y? *iV i^v' § r I MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26* 1991 MORATORIUM SMORtLAND REOwLATiONS (#3) MORATORIUM SHORILANO REQULAtlQhs ordinance 96. SECOND SERIES The Affidavit of Publication was noted. vS, ,\ Callahan axplainsd that tha Council has before them an ordinance establishing a tnoritorlum on land subdivision for properties within 1,000 feet of certain lakes classified within Orono, and along certain waterways and creeks. The mortorlum proposal comes from the Lake Use Committee because the City is required by the bUR to establish new shoreland regulations prior to the end of 1992, If not before. The regulations will extend not only to Lake Minnetonka, but to all lakes and certain tributaries in Orono. He summarized that because the current hardcover ordinances do not generally apply to lakes other than Lake Minnetonka within Orono, these other areas may be greatly affected. The morltorlum Is expected to last up to one year. Merldith Howell, a represontat1ve of a land seller within Orono, asked If the Council Intended to provide a variance procedure within the morltorlum ordinance for properties which clearly would meet the new requirements. Jabbour noted that is why the morltorlum is being Imposed as the Council wishes to forestall any subdivisions to protect future land owners of the possible need for variances on newly subdivided properties. Goetten wanted it to be known that the proposed shoreland regulations do not substantially change the position of Orono's current ordinances. She noted that It should be stated in the newspapers that Orono Is not placing more restrictions on shoreland and that this adoption of the shoreland regulations is required by the DNR. Callahan noted that the major Impact Is not on property surrounding Lake Minnetonka. He also noted that the property being annexed by Long Lake is not covered by this morltorlum. Barrett added the ordinance should be changed under Section 5 on Pago 2 to read “and that a failure to grant a variance would cause an undue hardship for the applicant". Callahan explained that by signing the agreement with the DNR to adopt the ordinance by February 1992. the Council may receive money back from the DNR. ho noted that it is the desire of the Council to get this ordinance adopted as soon as possible. It was moved by Goetten. seconded by Butler. to adopt Ordinance #96, Second Series. setting an interim ordinance morltorlum on land subdivisions for certain properties In Orono, for a period not to exceed one year. Ayes l, i*ays 0. r'i-r MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26. 1991 (#4) CON8INT AQINOA Gorhardson raquected consent agenda. I tare 11 ano jcdac t 0 It was moved by Butler. seconded oy Gcetten. Consent Agenda, with the addition of item numcerc Ayes 4, nays 0. to aoprove the 7. 14 and 15. (#5«) APPROVAL OF MINUTES It was moved by Butler. seconded by Goetten, to approve the minutes of the regular meeting of the Council held on August 12. 1991. Ayes 4, nays 0. (#fl) JOINT TRAIL - HENNEPIN COUNTY,'CITY OF ORONO Richard Flint, ParK Commission Chair, was present to explain the current bike/hike trail status. he noted the Commission feels there Is a need for a north/south trail system. He also noted that there is currently two things lacking in the process: money and expertise. Flint explained that the Commission has approached Hennepin County and reviewed their conceptual plan to extend from Baker Park southward. The Park Commission has contacted Hennepin County Parks to enlist tneir support. Currently the Commission is looking at a trail extending from Baker Park southward along the oast side of Old Crystal Bay Road to the Luce Line Trail. Hennepin County Parks is willing to contribute $132,000 to the development of that trail. The Park Commission is agreeable to this plan Flint noted that the Park Commission is requesting conceptual approval for the Park Commission and staff to work Jointly with Hennepin County Parks in developing this bike/hike trail. He Introduced repre mtativos of Hc»nepin County Parks: Jim White, District Represent ive of '-•ennr - •-* County Parks; Doug Bryan, SuperIntendent of Hem.,.,. . ty p..rks; and two members of staff Bill Mi^er and Don King. Callahan asked if the trail is proposed to run through the City facility property. Flint explained that he had been working with the previous City Administrator on this, but realized that it ’s not Ihcorporated within the site plan currently. Goetten noted that the City Council is having a meeting the following day and Flint should contact Jack Boarman prior to that meeting to update him on this trail system. She also wanted to know If the total cost has been determined. Flint noted that It depends upon many factors of which acquisition and easements come into play. He the Dedication Funds should be used for the development of tral1. land Park th i s WUUiiiViie p i MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26, 1991 lidiNT TRAIL - CONT. jabbcur noted that It wa Involved with the project. c nice sea Hennepin County It vas moved by Butler, seconded by Goetten. to approve conceptual authorization to direct the Park Commission and staff to work Jointly with Hennepin County Parks in the development of a bIke/hike trail system through Orono. Ayrs 4, nays 0. Trrl Brandenburg, 2775 Silver view Drive. explained that last 'ear prior to building their home, she had called the City and was told that nothing was planned 1n the near or distant future for the east side of Old Crystal Bay Road North. She also noted trees that were required to be cut by the City on her property, after specifically requesting them to be left. She questioned why Old Crystal Bay Road would be better than any of the other north/south routes. Butler noted that Old crystal Bay Road Is the o.ly Intersection with a controlled semlonore. Flint noted that It also would be very expensive on other side because of the location of the telephone poles. the Gerhardson noted that there Is 66’ of right-of-way for Old Crystal Bay Road. Me also explained that it was he who talked to Ms. Brandenburg's husband and had told him that at the time Hennepin County Parks had shown no interest In the trail system and If acquisition of property were to become necessary. all Involved property owners would be contacted. Me also explained the trees cut were to deter a futu'“e drainage problem and the cutting was stopped at the request of the builder. The trees were In the right-of-way. Bob Will, 160 Old Crystal Bay Road North, was puzzled why the need for the trail at all. He noted that there is not pedlstrlan traffic along this stretch. Goetten noted the survey taken of residents i idicating overwhelming request for a bike trail. Flint felt that trail systems such as this have become an asset In other communities and they would try to use the right- of-way wherever possible and will certainly work with adjacent property owners. Brandenburg wanted to know who wiM maintenance. responsible for Callahan explained these types of issues will be addressed If the trail actually is developed. mb felt that in general the Council favored the proposal. . . .. MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26. 1991 JOINT TRAIL - CONT. Jabbour felt that Oronc is really lagging heh’nd development of this type of system comoareO with surrounding communities. •i, r t: .'I'’ \ >1E i: I i i. tr PUBLIC COMMENTS There were no public comnents. (#7*) ZONING FILE #1366 LOREN BUTTERFIELD. 3925 WATERTOWN ROAD REQUEST TO EXTEND EFFECTIVE PERIOD OF PRELIINARY SUBDIVISION APPROVAL - RESOLUTION #3004 FINAL PLAT APPROVAL - RESOLUTION #3005 It was moved by Butler, seconded by Goetten, adopt Resolution #3004 granting extension of the effective period of preliminary plat approval for the plat at 3925 Watertown Road. Loren Butterfield. to September l, 1991; and to grant final plat approval for the Loren Butterfield plat at 3925 Watertown Road per Resolution #3005. Ayes 4, nays 0. (#8) ZONING FILES #1606. #1660 & #1659 BIB ISLAND INC., RECORD LOTS 12 A 19. BIG ISLAND CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3006 VACATION - RESOLUTION #3007 Mr. Thomas Judd was present for the review. Qerhardson explained the applicants request a conditional use permit and variance to allow day use activities with some overnight camping, and to allow structural repairs to a deck located within the lakeshore protected zone. Applicants are also requesting the vacation of the dedicated right-of-way. Mabusth explained that the portion to be vacated runs between the two parcels owned by applicant and together the parcels equal the 5 acre minimum lot requirement. She also noted that the Planning Commission requested conditions to be Incorporated within the resolution of approval. Butler asked if the concerns of the adjacent nelghpor. Erickson, have been satisfied. Mabusth noted that all concerns have been addressed an: .hat the City has received no further Input from either the Er<.*^5ons or their attorney. Butler felt that the use was 1r. keeping with the zoning for the property, but she felt that the use should be properly Inspected. Goetten asked about the deck to oe constructed. kf II- MINUTES OF THE REGUL^ ' ORONO COUNCIL MEETING - AUGUST 26, 1991 ZONING FILES #1606, #1660 6 #1680 - CONT. Jabbour noted that 1t is a steep h^l! ard actually a launching pad which Is very necessary. the de was moved by Butler, seconoed by Jaobour. to approve Resolution #3006, granting a conditional use permit and variance for day use activities for property located it Record Lots 12 and 19, Big Island and for the reconstruct 1 on of the deck within the Q-75' 2one; and to approve Resolution #3007 approving the vacation of the public right-of-way within the subject property. Ayes 4, nays 0. (««) ZONING FILE #1665 THOMAS MCCARTHY, 1424 BALOUR PARK ROAD VARIANCE - RESOLUTION #3008 Thomas McCarthy and his builder, Michial Mularonl. were present for this application. Callahan explained that this matter has returned from the Planning Commission with a unanimous recommendation for approval. Mabusth noted that applicant's amended plan proposes a relocated detarhed garage. She referred to the lot coverage ordinance exception which states that no matter what size the lot Is, a property Is allowed 1,500 s.f. for the principal residence and garage. The applicant proposes an amended application with ^^499^9 s.f. of total area combined for residence and proposed garage. The Planning Commission had recommend that the proposal be amended by removing 31 s.f. of hardcover in order to sat fy the guidelines of this ordinance exception. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3008, granting requested variances to permit the replacement of an existing deck within the lakeshore protected area and the construction of a 24'x22' detached garage within the gtreet yard for property located at 1424 Baldur Park Road. Ayes 4, nays 0. (#10) ZONING FILE #1666 MICHAEL HILBELINK. 2160 PROSPECT AVENUE - RENEWAL VARIANCE - RESOLUTION #3009 Michael Hllbellnk was present for this matter Qerhardson noted this is renewal of a variance application with an amendment to the original resolution noting the placing of appropriate controls for drainage control have been added to the resolution and appropriate easement documents have been executed. Mrs. Jentlluccl. 1295 Briar Street. feU all concerns have been addressed. 6 I- MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26. 1991 20NXN0 FILE #1666 > CONT. It was moved by Jaobcur. ceccndod by B-^er. to adept Resolution #3009, granting a renewal variance for Michael HiVaelink for property located at 2130 Prospect Avenue. Ayes 4, nays 0. (#11*) TEMPORARY SIGN ORDINANCE ORDINANCE #97, SECOND SERIES It was moved by Butler, seconded by Goetten, to adopt Ordinance #97. Second Series establishing standards for the use of temporary signs, banners, and advertising balloons. Ayes 4, nays 0. REQUEST FOR ADMINISTRATIVE APPEAL Mabusth explained the Mr. walker currently has an after-the- fact variance application before the City. He is proposing to square off a portion of his house by the addition of a second story and additions to existing deck. She explained the Planning Commission tabled his applies'.on. Walker noted that the deck portion which encroaches within 0-75' has been eliminated. Mabusth explained where the second story addition Is proposed, this would be viewed as an Intensification of structure where excessive amounts of hardcover exist. Richard Schleffer, attorney for Mr. Walker, noted that the building permit Is being withheld because of a zoning issue, but felt this should not be done as the structure meets building cod# standards. Jabbour felt that the Council should do whatever can be done to help the applicant. but wanted to know what jssurances does the City have that the requirements be met. Goetten wanted to know what liability the City would have If this were allowed. Schleffer explained the owners have resided there for 20 years. They hired a builder who did some demo work Inside, applied for the permit, and then continued beyond demolition and started building the structure. The applicant is requesting an extension because his mortgage commitment expires October 6th and the builder estimates at least 6 weeks of work. Butler suggested that the permit be Issued conditioned on all documentation for the September Planning Commission meeting be submitted by the deadline date, and if not, a Stop work order be placed on the project. I 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26. 1991 RMUIIT FOR ADMINISTRATIVE APPEAL - CONT. Schleffer felt that the buMci'ng operate Independently from each other. codec cho’.j > 0 Jabbour felt that repeal of tro administrative decision would be negative precedent setting arc could te setting t-e city up for a big misunderstanding. Bari-.,tt explained what the appHcant is requesting appeal of an administrative decision. He noted that if this is done and the permit granted. the decision could not be -"oversed later. Callahan noted that the mortgage commitment can be redone and that zoning matters take precedent. He felt that ' ...'icil should uphold the action of staff. Walker noted that in reference to tne plastic liner, they would be willing to remove it. Callahan explained that Council is very reluctant to grant permission to obtain the building permit without an approval recommendation from the Pl.anning Commission. It was moved by Callahan, seconded by Jabbcur. to uphold the staff decision to deny issuance of a building permit for John Walker, 1310 Spruce Place, until an approval recommendation from the Planning Commission is given. Ayes 4. nays 0. (#12) MCCULLEY ROAD BIO AWARD It was moved by Butler, seconded by Jabbour. to award the bid for the McCulley Road Storm Sewer Project to Bituminous Construct1o.I and Contracting for an amount of $30,569.75 and that the funding will be used from the Municipal State Aid Fund (MSA). Ayes 4, nays 0. (#13) STUBBS BAY FEASIBILITY STUDY Cook explained several modifications to the Stubbs Bay Sewer Project, which are: inclusion of Oxford Road and Cygnet Place to expand to the Stubbs Bay northwest and northeast areas; development of trunk system consisting of lift stations and forcemein stations from Tonkawa to Leaf Street; and tne additions of a trunk line near Cygnet Plsce rather than a gravity which would be difficult because of the topography. He informed the Council that unit costs range from flO.570 to 20.320. This figure does not include all of the properties in the northwest area because ^f possible combinations. Callahan noted that since the report hao not been made available to residents in the area prior to the riveting. this matter should be tabled. He felt copies of the report should be tent to all affected property owners. 8 r’'MINUTES OF THE REGULAR OP NO COUNCIL MEETING - AUGUST 26. 1991 STUBBS BAY FEASIBILITY STUDY - CONT. Garhardson noted that the schedo’e Cv^r. be modified to reflect the tabling at this time. not*ng the need to keep moving on this so as to start the project in the spring of 199.?. I. Cook requested Input from tne Committee working on getting this project through. It was moved by Callahan, seconded by Jabbour, to table review of the feasibility study to allow time to send a copy to all affected property owners in the study. This item will be brought back to the Council for consideration at the October I4th neetinn. Ayes 4. nays 0. (tl4«) CHANGE ORDER #3 > WELL #3 It was moved by Butler, seconded by Goetter., to ‘joprovo Change Order #3 authorizing the installation of an aud'ble alarm on the pumphouse for well #3 for an amount of $400.00. Ayes 4, nays 0. MAYOR/COUNCIL REPORT Callahan noted that the City has decided to enter into the shoreland agreement with the DNR, with the substance of the agreement that the City will adopt the shoreland management ordinance before February 5, 1992 and provide the DNR a draft 60 days before that deadline. thereby entitled to received one half of the cost of drafting the ordinance of up to $5,000. It was moved by Callahan, seconded by Butler, to enter into the ONR's shoreland grant agreement as submitted by the DNR. Ayes 4. nays 0. Callahan noted that the time has come to consider the situation with the neighboring city. Long Lake. with the following arising: 1. Police Contract - The City of Long Lake has not paid what we think they owe for the 1991 police contract, because they had budgeted for an amount less than the contract called for, therefore not having enough budgeted to pay us the full amount. A meeting was held to discuss the then current contract at which the Long Lake City Council denied knowledge of what the contract was or even how it came about, and rather wanted to discuss how the Police Department should be run. Negotlatic's with their city attorney bv oun attorney have not been about the contract. but rather about a philosophically deslreablo contract, and whether it should be better dc..e some other way. The actual dollar difference Is rather small. $3,000 to 5.000. but our attjrnov fees are adding up. l,; r. S - MINUTES OF THE REGUL/'R ORONO COUNCIL MEETING - AUGUST 26, 1991 I IkMAT OH S HEPUHf - MAYOR'S REPORT - CONT. He noted that the 1992 contract 1c unoa- ccrctiry. Negotiations have started cone tlnie ago. out s’nce they do not have any clue as to wnat they are trying to negotiate or Idea of where they have started from, It Is haro. Long lake seems to he negotiating from the rewspaper: ij they have dec 1ded ♦ ^.might cancel the contract. 2) they have empowered their attorney to cancel the contract if they wanted to do so, 3) they have directed their City attorney to cancel the contract, and 4) that they themselves have canceled the contract. Long Lake has suggested that If Orono stops talking about canceling the contract and be more polite to them at meetings, all would be well. Also, the Mayor of Long LaKe has stated that they Intend to have their police department, and even If they didn't plan to, they could get the service much cheaper elsewhere. 2. Fi e Department Contract - Callahan noted that fire service has been very good from Long Lake. Currently the Long Lake Mayor has reduced their fire budget by $13,000. The City of Orono pays four times as much to the budget as Long Lake does, so this would reduce our portion, by 4 times as «uch for a total reduction of $69,000. The Mayor of Long Lake has also threatened to use fees for services by the fire department such as burning down houses, exclusively for the Long Lake General Fund. Callahan felt that by reducing the fire budget this much, the citizens of Orono may not receive good service. 3, Sewer Leaks - Callahan mentioned that the papers have indicated that Long Lake feels we are flushing our toilets and using up the capacity of Long Lake sewers, to the agreements we have with Long Lake and to the agreement with Metropolitan waste Control. __ _ _ noted th.’t the cause of these comments appears to be from the fact that they are having leaks in their pipes, and some people think this does not relate to Orono's use. Through all testing done to remedy this problem, none have shown this to bo Orono’s fault. Callahan felt that we are spending much money and time to make them happy without a purpose of our own. too much contrary contrary Ca1lahan Callahan explained that it appears that in both the areas of police and fire service, some action should be taken. Me directed the City Attorney to supply the City with a report on the status of the police contract negotiations. Me also directed Barrett to concentrate his efforts on only the terras of the contract and violations or not violations thereof and not on the desires of Long Lake's philosophical discussion of the inner workings of the department. Callahan said that serious consideration should be g.ver to simply terminating the respective police contract and not negotiating with them any more. I'.' . j r £ MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26, 1991 MAYOR’S REPORT >• CONT. Cjllahan directed the PuDlIc wcrKc to ceoca diocjssicn with Long Lake concerning hew fDuch of our water runs into their pipec. Me suggested that staff thank them for the information and politely say goodbye. He felt that we shouldn't cease polite discourse with them. Callahan felt that the time has come to divorce ou-selvec from the siL'.ation, perhaps for a 2-3 year period. oy not entering into afiv contracts, etc. with them. Callahan noted that the City of Orono should move rapidly to build the water tower to relieve them of the burden of our water situation. Jabbour felt that It is not appropriat to negotiate on a new police contract while payments are withield on the current one. Barrett summarized the situation: a bill was submitted, they had 30 days in which to appeal the bill which has lapsed. Ororo agreed to provide Long Lake with a letter explaining expeditures. Barrett understood that Long Lake's attorney had said that because they think there are uncertainties that they want to get rid of, they are proposing to cancel the contract entirely and draft a new one. best very with with been Jabbour felt that the City Council should do what is for Orono. Me also explained that in the past he was critical of the former Council in regards to negotiations Long Lake. Me noted that after several attempts to meet Long Lake and work through situations nothing has really accomplished. He also explained that he has visited several other police departments to get an i1ea on how they work. ho felt that they do not understand the fundamentals of running a business. Jabbour explained that the irono Council delegates decision making to staff, where Long i.ske does not. Their Council feels they must have a hands-on In every area. Callahan felt that the new administrator should bo directed to review the fire contract with the fire department to find out what affect the budget cut will have on them and whether it will affect us and what we can do to remedy it. Jabbour explained the Long Lake budget cut was 10% of the overall budget, 80% of the Long Lake portion. Their remaining contribution was only 13,000. Butler wanted to know if any one in Long Lake has considered the Impact to their fire department if Orono reciprocated in kind if we deducted the same percentage of our rosponsibi1ity to the fire department. F- * ■Jr -J r T-- ■ 'i/.- H i f V: MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26, 1091 MAf§R'l MMRT - CONT, Charles Kelley, Planning Commlssicr Chai** the contract Is based on. questioned wnat Kuehn noted that 1s was cased on .-aluation strictly. Kelley felt that this was unfair and the contract should be based on population not valuation. Jabbour noted that 1t was his understanding that they were going to use the money collected from fire department burns for the Long Lake General Fund rather than the fireman's retirement fund. He felt that the Council should Instruct the City Administrator to look for emergency fire coverage. Butler noted that Mayor Peterson had spoken to the Mound Fire Department and wanted to know 1f she was discussing their provision for retirement and disability or about expanding coverage. Gerhardson noted that she was concerned about the retirement fund. Butler noted that in the resume of Mr. Moorse, one of the things he has done was put together a voluteer fire department and perhaps he could do it again. Callahan noted that Investigation was done by the former Admlnlstrrtor as to satellite fire stations. This should be looked Into further. He wanted the current and future contracts for both police and fire to be placed on the agenda for the September 9th meeting. Jabbour asked If staff should be sending out RFPs for attorneys regarding criminal procedures. Callahan explained that Barrett had monticnoj that it may be better for Orono to have another criminal prosecutor, possibly someone who does not have downtown rent payments, because payments of fines and costs that are awarded to the City have been cut down quite a bit. This should be put on the agenda under the Attorney's report for the September 9th agenda. 1 r r ■ !%■ V- t, % ! ^fK » V-- ■: it'"' *. •;fe L’ !■•*-■ K- .*•%t ii‘ liV is' MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26, 1991 (#iS) 1992 BUDGET & PUBLIC HEARING OATES RESOLUTION #3010 It was moved by Callahan, seconded by Jabbour, to establish October 10, 1991 at 5:00 p*'^- the Council Chambers as the BudQet Work Session date; to estaolish November 19, 1991. 7:00 p.m In the Council Chambers as the initial Budget Hearing date: and to establish Decemcer 4, 1991 at 7:00 p.m. in the Counci : Chambers for the reconvened Budget Hearing Date; and to adopt Resolution #3010 approving the proposed maximum 1991 tax levy collectible In 1992 of $1,961,381; and to establish the maximum proposed 1992 General Fund expenditure budnet in the amount of $3,129,330, Ayes 4. nays 0. Callahan requested Kuehn to contact all Counc1Imembers the last week in October to confirm the budget hearing dates. (#16*) CITY FACILITIES PROGRESS REPORT It was moved by Butler, seconded by Goetten, to accept the Information as presented fra' Mr. Boarman regarding the facility design. Ayes 4, nays 0. (#17”) RECYCLING MULTI-DWELLING - RESOLUTION #3011 It was moved by Butler, seconded by Goetten. to approve Resolution #3011 allowing for multiple dwelling recycling in the City of Orono effective August 26 1991. Ayes 4, nays 0. (#!•*) EMPLOYMENT SECRETARY/RECEPTIONIST It was moved by Butler, seconded by Goetten, 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 l year probationary period. After completion of satisfactory performance during the probationary period Carole will bo eligible for a salary increase to Level 4, Step 2. September 9. 1991. Ayes 4, nays 0. (#19*) TEMPORARY SALARY ADJUSTMENT - JAMIE BOSMA It was moved by Butler, seconded by Goetten, 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, Stop 1 ($10,187 per hour) effective August 12. 1991 until September 9, 1991. At that time Jamie*s classification will revert to part-time regular position Level II. Stop 4 ($9,549 per hour). Ayes 4, nays 0, (#20*) APPOINTMENTS RESOLUTION #3012 It was moved by Butler, seconded by Goetten, to approve Resolution #3012 and Resolution #3013 as amended on August 12. 1991. Ayes 4, nays 0. I'' r.K I F-' li-' w I- |i; .■ hm: T" |: Ifi:o i f ■•='■ ft ,faief MINUTES OF THE REGULAR ORONO COUNCIL MEETING - AUGUST 26. 1991 (#ai«) LICENSES It was movsd by Butlsr, sscondsd by Go9ttsn, to opprovs the following 1IcensQs: Viking Bassmasters International at North Shore Marina October 6, 1991 - 7:00 a.m. to 2:00 p.m. Minnetonka center for the Arts - Smith Days In the Country September 8, 1991 - 8:00 a.m. to 5:00 p.m. Duane Ritter Excavation - Septic System Installer Ayes 4, nays 0. (#22*) BILLS It was moved by Butler, seconded by rnot.ten, payment of the All funds Account. Ayes 4, nays 0. to approve ADJOURNMENT Callahan noted that Mr. Gagne was served with the required documents for the purchase of the land. Qoetten requested that the MnOot meetings oe added to the upcoming Issues and events section ov the agenda. It was moved by Goetten. seconded by Butler, to adjourn the Regular Council meeting at 9:37 p.m. Ayes 4, nays 0. Edward Callahan, Jr., Acting Mayor ATTEST: Dorothy M. Mallln. City Clerk ..... .. t a,. .4^ . PUBLIC HEARING FCR °°CPOSED Clr r V z \ r JT r -^ I tr:* I c Tw w I w Qw w «:o ROLL The Council met on the above date with the followi CSVpresent: Mayor Barbara Peterson, Counci1 members Edward CSlAahagl J. D1ann Goetten, Gabriel Jabbour and Mary Butler. The ^or>m|^1ng^ represented the City staff: Acting city Admln1strator ^ Gerhardson, Building & Zoning Admin1strator Jeanne Mabu Finance Director Tom Kuehn, Police Chief Stephen Sullivan, Citf^ Attorney Tom Barrett, City Clerk Dorothy Hall in and City Recorder Tori Naab. Jack Boarman, Boarman & Associates, architect/consultant; and Carolyn Drude, Ehlers & Associates, financial advisor to the City were present along with Ron Moorse newly appointed City Admin 1strator Mayor Peterson called the meeting to order at 7:00 p.m, OPEN PUBLIC HEARING - AFFIDAVIT OF PUBLICATION The Affidavit of Publication was noted. Mayor Peterson opened the meeting and introduced Edward Callahan as the first speaker to give a summary of the events which have taken place to date regarding the proposed facilities. INTRODUCTORY INFORMATION PRESENTATION Callahan welcomed all for coming to the meeting. He went on to explain that the City has come to the final chapters of the proposed facilities planning. He summarized those events as fo1 lows: In approximately 1985, Callahan was a member of the Planning Commission and there was an opening on the City Council. The Mayor at the time, Mary Butler, and City Administrator Bernhardson asked Callahan at that time if he would like to be on the City Council for which he responded enthusiastically. He was asked at that time what his feelings were on a new City Hall. He explained that after living in the area 10-15 years, he barely even knew were City Mall was located. It hadn't occurre.'* to him that changes were needed. He asked the following: a) what Ci^y Hall; b) why do we need a City Hall; and c) how much will it cost. The need and costs were explained to him, and things have not changed much since then In regards to the general plan or need for the facility. At this time it was close to an election and he received a call from a member of the Council explaining an uproar from the citizens was expected regarding a letter in the paper which said $2.5 million was to be spent that evening to build the new building. At the meeting. citizens did show up and it was explained to them the Council was not approving any expenditures at that time for a new city Mall. r .V.: • J. . PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 28. 1991 During the Qlecticn that year, the suDject of a new City Hall was controversial. Mr. Printup at the time termed the new facility a Taj Mahal and ran his campaign on the platform that the City should not be allowed to build such a structure. Since no one on the Council was planning to build anything of the sort, they took the opposite side of the argument. The was a was a hired cou 1 d The election resulted in changes to City Council and the new Council felt a need to do something about the facilities question of actual need and size was discussed. There meeting at which the citizens came forward and there serious debate as to whether or not a consultant should be to determine space needs or whether the Internal staff determine those needs. It was determined tnat a consultant should be hired and there were meetings to determine who to hire, with very little Input from the public. In 1986 Boarman and Associates was retained for the purpose of studying the space needs and making a recommendation about them. After a period of time. a report was received from the consultant which was quite lengthy. The Council, Planning Commission and staff members then took a tour of several City facilities which Boarman thought boro some relationship to the City of Orono. They included: Southluke Public Safety Building, Champlln, Mendota Heights and Chaska. Those cities all had new facilities, all costing different amounts and with different organizations. Sevoral meetings were then held on the general layout of the bulldln;. and rough plans were prepared by Boarman's office and the general picture of the size of the building to accommodate the needs. By this time it was mid-1990. All of the meetings were open to the public and usually occurred within the Council meeting. The general layout of the building was square or rectangular. At this same time, location of the facilities became an Issue. Callahan had at that time felt the Crystal Bay site would work fine. That was not a inlversally accepted view at the time. Boarman was asked to look at other sites in the community. Me returned with 3 site options. Including: the Old Crystal Bay Sewer Pond, Highway 12. and the Crystal Bay site. The Council was split on the decision of location. Boarman suggested a Citizen's Committee be organized for a recommendation. The Committee was comprised of 30 persons originally. Council Members were not on It nor did Council participate In the deliberations of that body. The report from that Committee recommended that Highway 12 was the best location. An option to buy the Highway 12 land was obtained In case the site was selected for the proposed facilities. The Council and Committee had held a meeting which was rather heated because of the split opinions, but In the end the option was taken for the Highway 12 site. S'V i'l PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 29. 1991 j-, The election of tnat yea*' intervened •rf-'th tne orogreoc at that point, even though the icoue wac a part of the election. This year the Council has actively worKed on the roaiication of this project. The site selection was the first matter the Council had to decide upon. Public meetings were held by the Citizen's Committee, Planning Commission and Council for the determination of location selection. The result of the information presented was the recommendation of the Highway 12 site, which is the site we now have e.xerc1sed our option on. Callahan felt that the difficulty of the Crystal Bay site was that It was too small to put both the public works and administration/police on the same site unless condemnation of some homes was undertaken, which the Council did not want to do. The old sewer pond property was determined not to be suitable for the public wotks department. Also, If the administration/police building were to be placed at Crystal Bay, water would have to be supplied, Including building a water tower and this would add considerably to the cost. Public meetings were held on both the design of the bulldng and the construction manager issue. A Design Committee was formed which Included the Council, 3 Planning Commission members, and the Chair from the Citizen's Committee. It was decided that d construction manager would be retained to assist and advise regarding cost benefit analysis of the building and the costs of the building. Maureen Bellows, Planning Commissioner, was extremely helpful In this choice as 1 a professional architect and Is famllar with the basic contracts and language. It was determined that City staff was not equiped to watch the construction closely enough without outside full-time assistance. The firm of Krause Anderson was retained. This organization has done a considerable amount of work In this area and has worked with Boarman extensively. The construction manager his been helping for about three weeks now. The next problem to resolve was the financing of the building. The Council determined that a HRA should be formed and In effect create a sale and lease-back. Public meetings were held regarding this and It was covered quite extensively in the press. with that background. Callahan reiterated that there clearly was a need for new facilities not only because of the safety factors but because of lack of operational efficiency of the current buildings. Also, It Is a matter of Community pride. Another question to be answered is how big should the new facilities be. The experts have reported that a much larger facility Is needed to run the City. Boarman has considered personnel, how many offices, what size of office, and what they are going to do when they get there. They have also taken Into consideration growth of staff. possible in-house rather than contractural services such as engineer. assessor and attorney. 1! I-h. PUBLIC HEARING =‘0R PROPOSED CITY FACILITIES - AUGUST 28, 1991 The pcMce department also need .■> much larger tacMit/ as it has been mandated by the S^ and they need storage ro»- their vehicles. The public w. oartmenfs proposed space is two- thirds for storage (repi- nt cost of equipment owned is $1,400,000). The machinery -leeds to be kept out of the elements mainly for efficiency. There Is some room figured to the proposed building for expansion room. The size of the building Is sometimes met by discussions of how big Plymouth Is and how our building should be the same size In relation to population. That city does not closely compare with Orono and they are currently in the process of expanding as they do not have enough room. The purpose of cities is to provide ser 'ces to the people. In measuring cities, it Is important to note their ability to provide services and to what degree; I.e. are they stretched to the 11m t or could they do more. Cities of 10,000-15,000 seem to be working efficiently and economically. The cities of 2,000 or lower have the question of whether they can economically survive and provide all the servicii. that citizens want. The City of Orono Is between those numbers. The City has contracted with other cities because we have the ability to provide those services. We are not at the critical mass that we use up all the people that we need, and we are at the critical mass that we need all the people that we have. It Is the Judgement of the Council that we cannot solve the space problem by cutting staff. The City is currently servicing about 91,000 feet of roads In the City, and about 120,000 lineal feet of sewer/water mains, In addition to parks and a few other things. The size of the building: <“0010 be reduced by changing the shape to a square or rectangular building which would reduce the cost. No aatter how small the building Is proposed at, it could always be made smaller, however these are choices that the Council Is not prepared to make. The size of the building determines about 75-90% of the cost of the project, with the next factcr the shape and external materials, and type of construction materials being a much smaller part of the cost. The cost is therefore determined by multiplying square footage by the cost per square foot. The architect has given a percentage of cost per square footage figured on his experience. In February of 1991 square footage needed was calculated to be approximately 29,000 s.f. for public works, and 19,500 for administration and police. The furniture and landscape are then added to this cost. By June of I99l the square footage had been reduced for the adminlstratlve/po1 ice portion to about 17.500 s.f. and the public works department remained the same. The total cost was figured to be about $4,414,500 and about $4.6 million without the sate of land currently owned by the City. 4 PUBLIC HEARING FOR PROPOSED CIT> .AGILITIES - AUGUST 28, 1991 ^ ^ e- ^ W ^1^ WThere have been rteetlrgc *- red'jce the of the building but still trying to Tointaln a level cr that would be in Keeping with the spirit of Orcnc. Since then the Design Committee has reduced the public works bu’lding to 24,700 s.f. and has been able to reduce the adm 1 n 1 s tra t i ve/poi ce building by another 1. OCO s.'?'. making the size 16,500 s.^. The Committee has not addressed new furnishing for the building yet. tanks wh 1 ch wh 1 ch years The Committee has considered items such as large rage for gas, which are quite expensive ($150,000-200,000), would pe’ *1t us to buy gasoline at a $.05/gallon cheape'' Is estimated woulo pay for the tank Installation within 5 Also sending people offsite to get repairs done or to fill tanks takas them away from their work. Now the total cost Is approaching the $4.0 million mark and the Committee is hoping to reduce that further. The next question for the Council to resolve was how to finance the project. The Council determined to form a HRA and to engage In essentially a sale and lease-back. One result of that Is that a referendum will not be necessary. The question of referendum Is perhaps misunderstood by t.he public. The referendum that would have taken place would have been on a bond with a yes or no answer or. that question only. There Is no room for manuvering. If the result was ‘‘no, the bond should not be Issued the whole process would stop and have to start all over. Quite often the referendum Is a way for citizens to express their pleasure or displeasure on the entire project. Callahan felt that the citizens have been very Interested In this project from the onset and he wanted to assure them that the Council has carefully looked at all of the Issues involved. Me felt that most citizens felt there should be a new facility, however after that there Is not a single factor that has an absolute answer. In the overall picture of the way that the citizens want Orono to be run, the citizens are satisfied as far as their own Input is concerned, and if they are not, it Is not too late to change as the money has not yet been borrowed nor has a contract to build been finalized. The HRA, unlike the referendum method, gives us a flexible method of financing at a time when the lowest Inte-^est rate for bonds Is available and construction costs are also down. The referendum could delay the project for an indefinite time. The City does have a large cash reserve, $2.3 . 6 million. However, the Council has not decided whether to use the entire reserve and borrow the remainder or to borrow the entire amount and keep the Investment of the reserve. The general revenues of the City are also affected by this reserve as the City receives over $100,000 each year through interest. There are many reasons for maintaining the reserve. including the State closing down on the ability to tax and emergencies. A decision will have to be made within the next month or two. f’ r S’ PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 28. 1991 Mayo*" Peterson ttianked caManan ter his cyroDSic and Jack Boarman to bMet'ly explain the plane to date. acr OG Boarman showed the larger exhibits of the 'ite, explaining the new f'*ontage road to be constructed connectir.n to tne east. He explained the site 'S approximately 15 acres. Tie adml n1 strat lon/po 11 ce/Coun:1 chambers will be iccatod in t.nree smaller structures with the public works across the wetlands. There have been 6 future positions figured into the proposed space within the adrn1 nistrat 1 ve building. within the police department there have been 2 patrol sergeants/1nvestlgators and 1 clerical position added. This project represents a 25 year projected plan. With the current zoning requirements. Oreno will peak out at a population of about 9,0C^. This buHdlng would be usable well beyond the point that it Is paid off. If the building does need to be expanded beyond these positions. the opportunity for expansion Is available in the attic areas. There Is also *'oom for an addition. The Council has stated that they want to covor all future position expansions but build the smallest possible. poss1b 1 e bui1d1ng Mayor Peterson opened the meeting for public comments and asked people to limit their comments to two minutes. Al Peterson, 2075 Watertown Road, stated that he had a graph that he would like to present which would take about 3 minutes. Mayor Peterson asked that he present the graff to the Designf f m ^0 • • V ^ f ^ir • 9 w • ^ ^ ^ ^ f Committee on Tuesday Instead If It ii in regard to design or size as all members of the Committee would like to see the graph. Mayor Peterson asked what Mr. Petersons question was. basement. A. Peterson asked If the stairways go to an attic. Boarman explained there Is no basement. and the attic is laid out for future use There really Isn't space plugged in. Just mechanical equipment, less than l.000 s.f. A. Peterson noted that he Just wanted to change his graph to reflect the right figures. Mayor Peterson noted that this meeting Is for the Council to let the public know what has been done to date. She noted that they want the public’s questions. they do not want the public to come to the Council with proposals. A. Peterson explained he Just had some comparisons. 6 & PUBLIC HEARING JR PROPOSED CITY FACILITIES - AUGUST 28, 1991 LaOean HcV/1l11amc. 1120 w1’’ow Dr<ve South. acKod if the Council Chamters scale. 1s correct. and 1^ so. it doesn't Iook much bigger than it currently is. She asked also if the k 1 tc*" . .1/1 unchrcom would be available to the public during meetings such as St. George’s facilities. Doarman explained the basic part of the Council CMmbers is the same as present, however there are two portions adjacent with moveable walls for the public or anyone to use for meetings. If a bigger Council meeting were to take place, the wall could be removed and add almost twice as much In seating. Mayor Peterson noted that the rooms would be useable, not to the scale as St. George’s. Basically, lunchroom/k1tchen are to servo the staff during the day. but the times Goetten noted that she had brought this subject up several at the Design Committee meetings as during the past few years In her own church, all the meeting rooms are filled all the time, day and night. She felt that a larger Council Chambers that could be divided up would bo of a great benefit to the public. She noted that It Is Important to have the Council Chambers available to the public. Boarman noted that the building Is layed out In three parts. This concept says that this building Is a community building with public restrooms, bike path outside, eating area for staff during the day and available to the public in the evening. This meeting center Is divisible into throe separate rooms. Al Peterson asked If he could now show his graph. Jabbour commented that the Council was not trying to avoid his questions or concerns, but the Council does not feel it is appropriate at this time to redesign City Hall. He noted that they have spent an enormous amount of time to design City Mall. He wanted to talk about the spirit of the building not the actual design. A. Peterson explained he is a State certified building Inspector. After looking over the flyer, he started to Investigate other cities regarding space for the facilities. Orono’s proposed square footage for office and maintenance garages up until tonlg*it 51,500 s.f., which has been changed now to 46,000. Me noted tnat he surveyed 9 cities and averaged out what square footage they are working with, and the average was 19,237 s.f. Orono’s proposed facilities would be 239% bigger than the average of those cities. The cities were; Mound, Buffalo, Savage, White Bear Township. Stillwater, Mlnnetrista, Shorewood, Princeton and Corcoran. He also averaged the population for those cities, which was 7518 vs. 7285 for Orono. He averaged square miles and Orono's was 18 without the lake vs. 13.2 average for the 9 cities. Corcoran has 36 square miles with 4400 S.f. of maintenance/office/po1 ice compar ng with Orono at 46,000. Mlnnetrista is at 32 square miles and total square 0 PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 20. 1991 r. ih f- r 5: footage ^ 16.500 z.*. Petercon wanted to know wny building so big compared to all othe^ cities surveyed. a r q JabDour noted that his comments in the past na . not fallen on deaf oars. He felt that Peterson should • : xentrate on helping the Council. Jabbour noted that there are flaws in his scenario including services provided that have not been listed. He noted that the Council has labored on the design and has cut space by rearranging hallways, not cutting staff. He urged Mr, Peterson to come to the Design Committee meeting on Tuesday. A. Peterson explained that he brought his graph in to show how far away from Orono these cities which are relatively the same in size are. Goetten noted that the Design Committee has been meeting every week on Tuesdays, and she questioned if he thought they had nothing better to do with their time than recheck every square footage. She noted that everything has been gone ever and that the Council does not want to tax any more than possible because they are taxing themselves at the same time. She also noted that there are many issues before the City at this time and the Council has devoted many hours to these Issues. Goetten explained that the Council has looked at addressing the needs of the staff now and In the future. Jabbour asked where these cities are in the cycle of growth. He felt that If others used Orono in a comparison at this time, they would look very bad because Orono has relatively no space at the present time. A. Peterson said that he was not arguing the fact that new facilities were needed, but felt that w-rono's proposed buildings were way over sized. Bill Miller, 2691 Casco Point Road, commended the Council o*'. the efforts they have put forth and he noted that the fac11it''as are needed as the current ones are inadequate In size. He felt that to compare to other cities was inappropr1 ate. He asked if the construction manager was to act as a general contractor. Jabbour explained the preliminary bid for construction manager was 31 of the ‘otai cost of the bulloing only. Goetten noted that Is why they want to get the cost down. Jabbour explained that the construction manager will help in obtaining the general contractor through bids. He Is also assisting the City with the engineering. Miller wanted to know how the tax proration was figured. He asked If It was calculated by mill rate, and why is It going mlllage vs. same cost to everyone. 0 mu PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 28. 1991 Jabbour nctad that this th°cry goes bacy to the theory of the ability to pay, which everyone is trying to something about. The numbers quoted cou’d be 20-30% lower. C ^ 4- rt • Maureen Steele Bellows. 255 Brown Road South, explained tnat she is a member of both the Planning Commission and the Design Committee and noted that the Information presented by residents has been fr stratlno as many times the 1 nfort..at 1 on has been proven inaccunte. For Instance. Shorewood recently hired her firm to build a new public works building. she felt that people should come to the Design meetings, know what they a’-e ta.king about, be willing to listen and last of all be willing to do some homework. Skip Casco Point Road. asked If the projected costs**wore based on the current population or the estimated 9000 maximum population. He felt that there should be more Information available. Carolyn Drude. Ehlers & Associates, financial advisor to the City# explained what they have assumed is no growth so that if there 1s growth over the period of 15 years, the dollar' amount to the taxpayer would become less. Skip asked If the existing surplus building funds have been set aside for the building. Are there other funds in reserve? Callahan noted there are some other funds in reserve, however It Is different than corporate accounting as there as specific funds such as park dedication, etc. Skip felt that is was reasonable to expect the Council to Show a curve of population differences, etc. so the public knows what they are dealing with. Jabbour noted that is where they are exacting. The Council explained that spending some of the reserves could affect the greatly. He noted that seme of the money may be used, and some may be put In escrow. The City has bnar. fortunate to be ablo to borrow at a lower rate than can be obtained through investment. He felt that the market will get better as time goes by. Jabbour noted that the Council must find the scenario in which the Council will be spending the least amount on the project. Their main concern Is what is the cheapest, most effective way to run Orono. Callahan explained that the bonds go out at an average and may actually be borrowed at a lower rate. Also, at the point when they start to exceed the average amount. the City has an option to cell the bonds and reissue. Julian Hook. 2650 Kelly Avenue, asked if tne $2.5 million is with accrued Interest. 9 r PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 28. 1991 Jabbo'jr noted that genera' fund. orne of the i-^terect nac oeen '-itao by the Finance Director Kuchn noted that the $2.5 rn’^'-or the not out of certain funds. It probably earns $15C.0C9 per year. AH the interest Is not used per year. John Farnham. 3225 Ca'^nan Road, explained that he continues to be Intrigued by the criteria that was used to select the size. Ho notod that there seems to be two different theories going, comparison theory and based on need. He felt that basing things on needs. wants, wishes or dreams get all mixed up sometimes and ho felt that there should be a check or control on tno needs. Jabbour noted that Mr. Farnham has been invited to Design Committee meetings in the past and has never shown up. Me therefore felt that Farnham has no way of knowing how the Council has reached their decision. He explained that the Design Committee is made up of very capable people. He also noted that standards for size in industry have been used to calculate. Jabbour Invited Farnham to be a part of the solution. He noted that Mr. Farnham must spend all his ti..ie trying to disprove the Council's decisions. Farnham noted that he may show up at the next meeting. He also stated that he is not an expert on where to cut space. He noted that ho does not spend all his time trying to prove them wrong. Accoraing to the federal government bible. building should have 80-180 s.f. per person. The proposed calculation has 500 s.f. per employee. Jabbour noted that the square footage allowed per person from 58 s.f./person to 750 s.f./4 person with the administrator having t*io most square footage at 250 s.f. Desyl Peterson, 4385 Chippewa Road, explained that she cannot Imagine the amount of line the Council has spent on all the issues before the City. She felt that the Council has been more than responsible and more than taxpayers could expect from anyone. She was astonished that they had beer meeting on a weekly basis and on what they have done to cut the building down in size. She also noted that Orono does not have the second lowest tax rate In the County by accident. The Council has been very careful, and the result has beer grossly inadequate facilities. She Is glad that future needs are being considered. She stated that she was glad there was not to be a referendum as she felt that they have been elected to represent the citizens in decision making and they expect then to bear that responsibility. Her first question about the building was, wny can't the spice uround th® Council Chambors b9 a 1 Ininat9d. r .■r AuBLIC hearing for proposed city facilities - AUGUST 28, 1991 Boarman explained that the entire area could be eliminated, but the Council room requires two exits by code, and because by wpening the wall up and utking the room one big room, it requires two exits and those exits have to be half the diagonal distance apart. As the rooms are closed the Individual rooms need exits. This last week the hallway has been reduced by 5' by eliminating seating. If the entire 2.rea was cut. there would have to be large doors exiting directly to the outside and that would cause more problems than the 5' lobby. D. Peterson noted that the breathalirer room and a secured area had been eliminated, will the breathalizer now be adequately secured for evidence purposes? Boarman noted that they are tryir^g to double use the booking area, and if that doesn't work as that, they may have to reorganize. D. Peterson noted that in both the police and public works departments there are locker rooms that are inequitable. Boarman noted that the locker area could be placed in the center with a moveable wall to allow for flexibility. He felt that this Is a good point. 0. Peterson felt that the building has not been designed too big. Harriet Smith. 370 North Arm Drive, asked if the $80/5.f. was a moderate amount. Boarman noted that the $80/s.f. is a median cost of 70 cities surveyed which ranged from $63—108. $80 is the maximum that the Council feels appropriate. Council has been working towards the $70/s.f. amount. He also noted that different parts of the building cost different amounts and this is just an average. Laurie Peterson, building and wanted fac111ty. Watertown Road, to know how they noted that It Is a Intended to heat b 1 g the Jabbour explained they have looked into venting, rec1rculat1ng the air, trapping the heat go’ng out, reconditioning the heat coming in. and tried to figure the payback of all these things. L. Peterson wanted to know what a quiet room in the police department was. Qoetten explained that It is a room, especially for kids, in which staff can handle sersitlve situations. i:b'Hr N fei.-C - * ^ , il^i- tlrm®3: \i .[SP*. PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 23. 1991 Boarman noted that it 1c cadcal’y a ccrferorce room with soft seating. The style ot the rccm is meant to deal with the psycho lor'ca1 processes that the police department are taking people through in the event of a tragedy. L. Peterson noted that there are many specialized rooms In the police department. Police Chief Sullivan explained that there are 16 officers and 18 reserves and a large area Is needed for a total departmental meeting. He felt that a collapsible wall was the best solution. He noted that the department ls responsible for emergency management/civil defense. Also the State has mandated space requirements. Boarman explained that there are few actually working at the police department. but rather it is used more for a housing/storage area. It is a collection/processing/housing place. Jabbour noted that since April 1990 the administration/police building has been reduced by 20% and he felt that this was a large cut. He Is hoping that the construction manager will help with his experience. L. Peterson noted that the Public works Director has an office in the administrative building and there are two offices In the public works building. She wanted to know If they were necessary. Gerhardson explained there are 2 supervisors who are in their offices 50% of the time. Boarman explained that offices for the supervisors will be used for employee one-on-unes, record keeping, OSHA reports, etc. There Is no planned clerk for these people so they must do their own filing, etc. L. Peterson asked why tfie expansion area Is so necessary If Orono is not going to grow that much more. Boarman noted that the expansion areas represent services which are now being purchased through consultants. L. Peterson felt that when growth slows many people. we will not need as Qoetten maintained that when the growth tops out there will still be a need to work with surrounding communities as the service level Is getting to a point that cities cannot always take cere of themselves because of the cost and it is becoming uneconomical for some cities to manage, and there could be a Boaelblllty in the future that as cities contract services as we do« there could be more of that. Cities lay have to share services or contract. 12 i 'r' » ' PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 28, 1991 Jabbour warned that moct of the lake a'-ea w<’’ probably be subject to a major redevelopment. Staff wll’ be buo’er than ever. Boar man noted tiiat there Is only 500 c.f. of future expansion planned which is approximately J40.000, and if added In the future it would be alot more than that price. Farnham commended the Council on working hard and felt tney have tried to cut the project. He noted that he will probably be at the meeting on Tuesday. In the pact he had contacted City Hall and no one there could tall him where it was to be held and he felt that he was getting the run-around. L. Petarson asked how long those meetings run. Goetten announced anywhere from 1-2 hours. Carol Albrecht, West Arm, asked how many households there are in Orono. Gerhardson confirmed there are about 2700. Laurie Pete-son asked how one would go about getting on a committee. Mayor Peterson explained that the Citizen’s Committee was selected by random of people the Council had contacted with varying backgrounds. Goetten also noted that all openings are also pub’ished in Che newspaper. A1 Peterson asked if the City has considered a newsletter. Goetten explained in the past the Council was concerned with the cost factor, but there currently are too many Issues and t.he Council is now working on a newslatter. Gerhardson invited anyone to come to City Hall to plans which are available to the public. the Mayor Peterson Introduced Ron Moorso. He will become the City Administrator effective September 9, 1991. Farnharm asked if the 1.75% increase is to the total tax bill or Just the City's portion. Goetten explained that the numbers published are the worst possible scenario. Drude noted that the State has a now system replacing the ■111 rate with net tax capacity rate of which a 1.75% increase would be on your taxes for the facilities. PUBLIC HEARING FOR PROPOSED CITY FACILITIES - AUGUST 28, 1991 Goetten thanked everyone ror coming to the meeting. ADJOURNMENT It was moved by Jabbour, seconded by Butler, to adjourn the public hearing for the proposed facilities at 9:50 p.m. Ayes 5, nays 0. Barbara A. Peterson, Mayor f k- To:Mayor Fet''rscn and Crono City Council Acting City Administrator Gerhardson % Proa: Datox Subject: Jeanne A. Mabusth, Building S Zoning Admir.istra August 30, 1991 XA*<??/ (i #1663 Mark Johnson, 4465 Bayside Road - Preliminary Subdivision - Resolution Soalng District - rr-IB Total Area » 4.41 acres Lot 1 « 2.0 acres Lot 2 • 2.12 acres Outlet A “ .22 acres List of Exhibits - A - Application B - Property Owners List C - Plat Map D - Wetlands Map El-2 * Septic Memos Fl-2 - Septic Maps G - Staff Letter 2/20/91 H - SXetch of Lower Level Residence Lot 1 I - Mark Johnson's Letter 7/15/91 J - Preliminary Plan The applicant proposes the division of a acre parcel located just to the north of his larger homestead parcel. Access to Lot 1 will remain via the existing curb cut and drive based on the location of existing improvements. Lot 2 will require a new single curb cut. Lot 2 shall achieve access from the private drive serving M. Johnson's residence. Applicant has agreed that access to Lot 2 shall be via his existing private drive on east side of Lot 2 based on the location of trees and the extreme curving of County road along north boundary making siting difficult. Review Exhibit P-1. Access to the site along the east side lot line must be at the extreme south 25* of Lot 2 because of the location of the septic test areas to the immediate north along the east boundary. Applicant must maintain a minimum 20* separation distance between drive and drainfield area. All lots meet the required width *nd have btscr confirmed with 2 acres dry contiguous. Based on the central location of the aian-siade pond within Lot 2 and the current drainage pattern, there appears to be no public purpose in its current or future use and no drainage easements will be taken o\>er it. Wote Lot 2 still meets the total dry contiguous requirement excluding the pend area. Outlet A located on the north side ''f the County road shall be designated as an unbulldable lot within the final plat resolution and is available for combination with adjacent parcels alcmg north side of County road. r. Zoning File #1663 August 30, 1991 Page 2 The oversized accessory structure at 1,648 s.f. located on Lot 2 will no longer achieve the credit of the principal structure located on Lot 1. During an inspection of this site, portions of the barn structure have been found to be in a serious state of disrepair. The lean-to attached to the east side of the original barn and the shed to the west side appear unsafe and must be addressed by applicant. At the proposed 2 acre arr'-> for Lot 2, the property is allowed a 1200 s.f. oversized ac cry structure. Applicant has agreed to remove both the old sr the west and lean-to/pole barn out asks that the remaining n at 30.2' X 18.4' (55.69 s.f.) be allowed to remain for 1 year. The applicantion was tabled at the July meeting because of a report by the septic inspector that the existing septic system serving the residence on Lot 1 showed signs of failing. Testing was required for both a principal and alternate on-site septic system for Lot 1. Weekman has worked with the applicant suggesting certain alterations and Improvements to the existing system to see if it can still be saved. The system shall be monitored. If it falls, a new septic system will be installed to the northeast of the existing residence. The second issue of an illegal duplex use has been resolved. Review Exhibits H and I, the lower level of the residence is no longer being rented. This has been reconfirmed in Mr. Johnson's letter. Section 10.26, Subdivision 3 (A) does not allow a duplex within the rural residential zone. The lower level cannot be used for bedroom use as the windows do not meet egress requirements for a sleeping room. The existing improvements can remain as an accessory recreation area use for the current owners. Condition of approval must include a notice to the public that duplex use of this structure is in violation of the Code and a disclaimer that the lower level does not qualify as a legal sleeping room. Plaiming Comsdssloii Recommendation To approve the 2 lot plat subdivision application of Mark Johnson for the property located at 4465 Bayside Road finding that all standards of the RR-IB zoning district and on-site septic codes have been satisfied. This approval is subject to the following conditions: 1. Upon preliminary approval of the Council, the City Assessor shall be asked to determine a park fee for the creation of the new lot. Payment of the park fee is based on 8% of the current market value of the property in an undeveloped state. Payment of park fee shall be due upon the filing of the final plat. Zoning File #1663 August 30, 1991 Page 3 2.Outlet A shall be designated as an unbuiidabie lot and available for combination with adjacent residential properties on north side of County Road 84. 3.Access to Lot 2 shall be via an existing private driveway along the east boundary of the property. Access corridor must be located at the most southeastern portion of the property not to exceed a 25 ’ width. A 20' separation must be maintained between finished drive and proposed drainfield area. 4.Applicant has agreed to remove 12.3’ x 16.4' shed on west side of original barn and 22* x 40.5* pole barn on east side of original barn. Applicant shall remove additions to original barn no later than the fall of this year. As original barn meets the area allowance for a 2 acre property, orginal barn may be allowed to stay for 1 year from the date of final plat approval. 5.Future owner is placed on notice that existing residence on proposed Lot I does not qualify for duplex use per Orono Municipal Codo Section 10.28, Subdivisior 3 (A). The existing finished habitable area in the lower level of the residence does not qualify for sleeping room/bedroom use. The enclosed resolution has been drafted per the approval recoounendation of the Planning Commission. lav I.K 1=’ l';. I L A RBSOLOTION GRAFTING PRSLIMINARY APPROVAL FOR A PLAT AT 446T) RAYSIDB ROAD P to. 1663 WBBRBAS, Mark Johi ereinafter "the applicants") on June 21, 1991 filed a formal subu-.. ^sion application with the City for approval of a 2 lot residential pi it of property legally described as followsI Refer to Exhibit A, attached (hereinafter "the property") and; WBBRBAS, after t •; published and mai] notice in accordance with Minnesota Statues 462.358 et. seq. and tl ity of Orono Zoning and Subdivision Regulations, the Orono Planning commission held public hearings on July 15, 1991 and August 19, 1991 at which times all persons desiring to be heard concerning thin application were given the opportunity to speak thereon; and IIHBRBA8, at their regular meeting held on September 9, 1991 the Orono City Council considered the subdivision application of Mark Johnson, noting the following find!..'s of fact: 1.The property is located within the RR-IB Rural Single Family Residential Zoning District requiring a minimum of 2 acres of contiguous dry bulldable land within each newly created lot. 2. 3. The property contains a total of 4.41 acres. The pronosed plat contains 2 lots each meeting or excee' g the 2 fcxe minimum lot area requirement. 4.Septic testing for Lots 1 and 2 have confirmed there is adequate arc*^ for both principal and alternate on-site sewage treatment sites. 5.All existing structures meet the required set ack from the newly defined division line. 6.All lota have been designed so that they meet all lot standards of the RR-IB Zoning District. Page 1 of 4 Rwiuired laprovoieiits Applicant shall agree to demolish/reirove the 12.3' x 16.4* shed and 40.5* x 22' lean-to/pole barn additions from the existing original barn by _ _ _ _ _ _ _ _ _ _ _» 1991. Applicant must obtain a demolition pemit for the removal of these additions. ■OW» TBBRBFORB BB IT RBSOLVBD* that based upon one or more of the findings noted above« the City Council of the City of Orono hereby approves the preliminary plat application for Mark Johnson for the property 1 seated at 4465 Bayslde Road per the survey revised June 24* 1991 by All Metro Land Surveyors, subject to the following conditions X 1.The 30.4' x 18.4* barn on proposed Lot 2 shall be removed within one year from the date of final plat approval i ' building permit has not been issued for resldentic construction by that date. 2.Access to Lot 2 shall be achieved via an existing private drive along the east side of the propeity. Access must be located at the extreme southeast corner to extend no further n''rth than 25' in ord*'r to maintain a 20* separation setback from the principal dr infield site. 3.Outlet A shall be designated as an unbuildable lot and available for combination with adjacent residential properties or north side of County Road 84. It should be noted that Outlot A is not contiguous with Lots 1 and 2 and is divided from the remainder of the property by a County road. 4.Upon preli»in>i" approval of this subdivision, staff is directed to submit the subdivision application to the City Asjesor so that a park fee ^an be determined. The park fee is baaed on 8% of the current market value of the property in an undeveloped state. Payment of park fee shall be due upon the filing of vhe final plat application. 5.Future owner of Lot ' :s placed on notice that existing residence does not qualify for duplex use per Orono Municipal Code Section 10.28, Subdivision 3 (A). The present finished habitable area in the lower level of the residence does not qualify for sleeping ioom/bedroc»n use. Page 2 of 4 K"- 6.Per Section 11,10, Subdivision 15 of the subdivision regulations of the Municipal Code, preliminary subdivision approval is effective for one year from the date of this approval (September 9, 1992). Failure to file a complete final subdivision application within this time period shall be construed as formal withdrawal of the proposed subdivision. PIHAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A.RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"»200*. Drawing to include: a) Lot lines platted per preliminary survey by All Metro Land Surveyors, revised date June 24, 1991. Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5' each side of internal property lines. Property on north side of County Road to be designated as Outlot A. B. LEGAL DOCUMENTS required: a)Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other docusMnts affected by such interest. b) The applicant must provide certified copies of all recorded eas«nents currently affecting the property. C.FEES TO BE PAID: Total Due $300.00 * Park Fee a>Park dedication fee to be determined by City Assessor based on 8% of total property in undeveloped state. Ai^licant will be advised as soon as the City Assessor has submitted his determination. Page 3 of 4 Lir. r-r t a.: ■■ •: fl= If E: p. E is:i;: r ■■ 1b i- k’- t^■ ^ i- Ss ■ 'te' =P,*:i i"* b) Final plat fee of $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of September, 1991. ATTESTI Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 EXHIBIT A Legal Description: That part of V* 4 East 3/8 Northeast 1, of tne Northwest ^ km ^ w • i ~ of Section 6, Tc nship 117, North Range 23, West of the 5th Principal Meridian, lying North of the South 870 thereof, EXCEPT therefrom feet lying South of tne Number 84, according to States Government Survey situate in Hennepin County, 0 feet *“he East 3 0.0 County Read the 'Jnitea thereof and Minnesota. CITY OF ORONO - SUBDIVISION APPLICATION fltOPBRTY LOCATION 4465 Bavside RoadSite Address ' i Property Identification Number (P.I.D.) Please check one - Property ^ abstract or 06-117-23-21-0001 torrens?- 4 . • V Attach legal description to application APPLZCAHT Phone (home) Mark Johnson Phone (work)472-6223 AMdrassi ^^55 Bayside Road City: Maple Plain Zio: 553'.'9 ONHBB (if different than applicant) Brant Richard Johnson and Nama Shlann Johnson Phone (home) Phone (work) Contract Purchaser "ddress; Bayside Road city: Maple Plain Zio: 5535' (attach list if more than onej (See Attached) I'fe KV ■ZZSTING LAND USB Number of Tax Parcels Development Size 4741 Present Use (check) Acres Dry Land Acres Wet Land Acres Total/ all parcels Residential; no. of units _ _\ Other (specify),_ _ _ _ _ _ _ _ _ Present Zoning District DSAL_ _ _ _ _ _ _ RR-l B _ _ _ _ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) I Subdivision for New Building Sites Musiber of Building Sites; ^Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size; Proposed Use; (check) Units per Acres 2 Acres g^fTfriieiT Dry Buildable Land X Residential Other (specify) 17- :4ZM1M0M MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survev. Certified Property Owners List of owners within 350' (yet must obtain this list from Hennepin County Decartment of Finance A-503 Covt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ _ 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2« Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Sening Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ _ S)cetch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I s II Subdivision) $150.00 250.00 250.00 Preliminary Review (Class III and all non-residential) 300.00 20.00/Lot Final Plat Review (Class III) *(Plua any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, flanning Commission and Counc;^' necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Oimer's 8ignatur< 7 Date ate Applicant must have all submittals into the City offices 25 days before the flenning Co tission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled peview meetings of the Planning Commission and Council. If an applicant is tMible to attend a scheduled meeting, please make arrangements to have an euthorised agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. P r;-. I* . ^ V.* ■ t ■ ■ MM OATI 04/10/fl HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST iATCN 001 AOOil ONNER NAME TAXPAYER NAME/ADOR M 04-iI7-ES 12 0001 0AS40 iAYSIDE RO J A OtMN i P E OLSON JAMES A OiSON AS40 SAYSIOE RD MAPLE PUIN MN S5I59 it' S8 06-117-23 12 0002 0<«300 OAYSIOE RD HU LI AM F KNAPP HU LI AM r KNAPP <•50 BAVSIDE RD t ' E PLAIN MN BBSS'* REPORT NO. PT635<»0I PAGE 1 58 06-117-23 12 0003 0<»3BB BAYBIOE RO VCl CAPITAL INC VCI CAPITAL ILK PO BOX 37S LONG LAKE m BB3B6 1 M 04-117-21 21 0001 IS 04-117-25 21 0002 ^8 06-117-23 21 0003 i MOR ROM 0444B iAYSIDE RD 04455 BAYSIDE RO 0<4<»8S BAYSIDE RO OMNKR NAMf NIP JOHNSON MAP JOHNSON BOtllTA J HELLS TAMPAVt*HARR S 1 PATRICIA P JOHNSON MARK S 1 PATRICIA P JOHNSON BOrilTA J HELLS r- •:NAMi/AOMI 444R iAYSIDE RD 4«f5S BAYSlOE RD <»<ieB BAYSIDE ROAD • NAPLt PLAIN MN 55159 • MAPLE PLAIN Ft4 55559 MAPLE PLAIN BBSS'* 1 f'li 04-117-21 21 0004 58 06-117-25 21 0005 38 31-118-23 36 0011 mm um D44W iAYSIDE RO 04545 iAYSIDE RO 00030 LIKE LINE RIOGE OMCR NAMi 0 A i RELIEY PIS RENF4EB0HM J 1 P LEINTZ H .TAMPAVifI GERALD P RELLEY PETER A SHARON RENT4EB0HM JOSEPH R A PATRICIA A LEINTZ = *v NAHi/AOM 44to iAYSlDf RD 4545 BAYSIDE ROAD 30 LUCE LINE RIOGE ' t QMND lii §§159 MAPLE PLAIN MN 55559 MAPLE PLAIN MN BBIB** . i . li ll-lli-21 14 0012 18 11-118-25 45 0009 MOP ASM 0444# iAYSIDE HO 00058 ADDRESS 1A4ASSIGNED :rk r.OMCR NAM J A i i J iELLXNI NATURE C0F4SERVArCY TAMPAVtS JANES A iELLINl NATURE CONSERVANCY TOTAL BATCH 001 00011 fI?-.- NMR/AMHi 4440 iAYSIDE RD 1515 5TH ST S E MAPLE PLAIN MN 55159 SUITE 514 MPLS m 55414 I. U- I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS isi THE HErtiEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST or MY KNOHLEDGE AND BELIEF DATE in-s6<^ r ill To:Jeanne A. Mabusth, Building & Zoning Adrinistrator PrcMB:Steve Weckmar, Septic Inspector Date:July 3, 1991 Subject: Mark Johnson Subdivision, 4455 Bayside Pcad - Review of septic system information A, Proposed Lot 2 The primary drainfield site has been tested ir the southeast corner of the lot. This site is acceptable for a mound with an average perk rate of 15.6 minutes per inch and a slope of 5%. The lot line setbacks for this sxte are 25' from the east lot line and 50' from the south lot line, and over 75' from the wetland on the property to the south of this lot. The alternate site is located north of the primary site adjacent to Bayside Road. This site is suitable for a mound systeoif having a slope of 4% and an average perk rate of 20.6 minutes per inch. The setback from Bayside Road is 20' while the setback from the pond to the west is 75'. The mound should meet the required setbacks, however, space is very limited on this site. Several trees may need to be removed when this site is used. Both sites are suitable for a mound systems serving a 4- bedroom home. These sites should be fenced off prior to construction to prevent compaction from heavy machinery. The eastern lot line should also be clearly marked to assure that the required 20* setbacks are met. B. Proposed Lot 1 The existing house on proposed Lot 1 has a septic system that is failing as noted on a recent inspection. The system consists of one concrete tank of unknown size and construction and a tile which surfaces in the wetland in the southeastern corner of the lot. This lot will require soil testing and design for a complete septic system and an additional drainfield site for future expansion. The existing septic tank will need to be inspected to determine whether it can be used in the new system. Soil boring, percolation tests, and septic design must be approved by the City in order to complete the requirements for the subdivision. Isv f- L iK' To:Jeanne A. Mabusth, Buildinq & Zoninq Administrator Steve Weckman, Septic Inspector Date:August 8, 1991 Subject: Mark Johnson Subdivision, 4455 Eayside Pcad, Pev^^w of Septic System Information A, Proposed Lot 1 The existing house on proposed Lot 1 has a septic system that is failing as noted on the recent inspection. The system consists of one concrete tank of unknown size, two trenches of approximately 75* in length and an overflow tile that outlets into the wetland to the south of this property. Since this has a failing septic system, primary and alternate drainfre’' sites have been identified. These sitejj will be used in the event that the existing system cannot be repaired satisfactorily The following repairs will be made to the existing septic system as soon as weather permits. Sections of drainfield tile that have been crushed will be replaced as well as any rock that was displaced during the excavation. The overflow pipe leading from the distribution box will be cemented shut and a section of that pipe approximate! 10* away from the distribution box will be removed where the pipe will be plugged again to assure that septic effluent does not use the abandoned pipe as a conduit. Missing baffles from the septic tank will be replaced as well. B Proposed Lot 2 Soil testing and design have been completed for proposed Lot 2. The results Indicate that the lot is suitable for both primary and alternate mound-type drainfield sites adequate to serve a 4-bedroom home. The sites do have sufficient drainfield area for larger than a 4-bedroom home if necessary. These sites SMy be used at the time a home is built on the lot. cc: Michael P. Gaffron, Asst Planning fc Zoning Administrator Isv K L m ( 2 C i rm i- \ 0^ I I f V QFKJNa Pabruary 20, 1991 CJTYof OROXO post Offic* a<i» »»• Crystal Bay. Minn-^aota 1*Muruap*i Offict* On '.ne Aor'l Shor<> of Lake Minnetonka Brant Johnson 4465 Baysida Road Mapla Plain, MN 55359 REs Rental Apartment Oaar Mr. Johnson: It hau coma to the attent ion c. t ms department by na%#apapar ad that you have a 7 50 s. ; are foot studio apartment for letter^ is to inform i ju that your home is . ocated In STln«lTf.-*ly. rural residential zoning district and that Srlitln^ a rental unit is a violation of the Orono Municipal Boning Coda. I would also like to point out that the septic system on this -inimal and because of its age, it has a good cha..ce SfT.lYl^g at a normal rate of water usage. Extra usage is c.*t.in to have a detrimental effect. If *part^ i» in • wind^n are required to be 5.7 square feet minimum openino with n itafflp*** sill height of ^4 inches. Therefore, the City muoc require you to abandon your pian ^o this apace. Violation of puniahnble by 90 day* in jail and/or a $700.00 fin If you have any questions or if I can assist you in any way, feel free to contact me at my office. Sincerely, .>yin Oman Building Official •snne A. Mabuath, Build .n^ * Zoning Michael P. Caffron, Aast. Planning t ioning Adniniatja or Rrucc Vang# Pield Inspector’ LO/lnv fUiiaaK a zoranc •4DMiwijm«An«f^ * n.NA>iT • -Ji-na fA* - 4TM5W M BUK VW>KXS iW wntBiwmcii Rliltl?*] rtlBiTtl rtSfTi] •IMt] ♦ Sf‘ r: Toi Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froa: Date: Subject t Jeanne A. Mabusth, Building 6 Zoning Administrator August 16r 1991 #1668 City of Orono, 700 Old Crystal Bay Read North - Preliminary Subdivision (Class III) - Public Hearing Sonlng District: rr-IB Pertiaent Ordinances A.Chapter 11, Class III ~ Subdivision of two lots. Lot 1, Block 1 “ 14.11 total acres Wet • 2.2 acres Total Dry ■ 11.83 acres Lot 1, Block 2 « 2.56 acres dry List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Property Owners List and Certificate of Mailing Plat Map Preliminary Plat Wetlands Plat Map Exit Drainage Plan Preliminary Review Comments of MCWD Emriaw of J4’plicati< Soniag The property is located within the area designated for chanse as a result of Comprehensive Plan Amendment 2. Current toning is RR-IB. Each lot clearly satisfies standards of 2 acre rural residential zoning as property will receive sewer and water. The following zoning distric^-s were approved: B-6, PRD, POD, R-IA (1 acre minimum lot size), R-IB (1/2 acre minimum lot site), and M-6 (6 units per acre) zoning. Lot 1, Block 1 is proposed as the future site for the comprehensive municipal zsci ----- - ■ ' “ " -lity. Lot 1, Block 2 may be developed under B-6 zoning tguiring 2 acres in area and 100* minimum width. Current PUD ‘dinanceordinance Section 10,53 for Highway 12 corridor would not allow dovelopment of Lot 1, Block 2 as a PUD. The required area tor POD developsMnt is 5 acres. As property to the immediate west is no longer proposed as Hennepin County library site, properties nay be joined for a future PUD develofment. . t »■’ .'I Zoning File #1668 Ajgust 16, 1991 Page 2 of 4 Access/Road Outlet A shall be designated and dedicated as a public road. The eastern portion of Outlet A, although under current private ownership, shall now be reclassified as a public road. The Cit> will provide maintenance once roadway is constructed to City standards. The roadway will be installed at a 28-32' width with a 10’ wide bike trail path along north side consistent with Park Commission plans for bike trail extending from east to school. As roadway will not be fully extended to Willow Drive, the City will ask for a temporary cul-de-sac. The owners of both Lots 1, Block 1 and Lot 1, Block 2 will provide temporary accesf and utility easements over portion of cul-de-sac not includec within 60’ wide outlet. All access to Lot 1, Block 2 shall be via outlot. No direct access onto Highway 12 will be allowed, consistent with original Comprehensive Plan Amendment Number 2 for Highway 12 area. Based on the lineal footage adjacent to old Crystal Bay Road for Lot 1, Block 1 at 1250 feet, one additional access may be allowed but that access must align directly with a curb cut to the west side of the road serving school property and preferably to the north so as not to conflict with major traffic exiting and entering from Outlot A. Wetlands/Drainage The 2.3 acre wetland located within Lot 1, Block 1 is predominantly a Type 2 wetland consisting of grass areas interspersed with willow trees and pockets of cattails. The owner shall grant a flowage and conservation easement over the designated wetland. City wetlands maps do not show wetland extending through the north lot line of Lot 1, Block 1. Review Exhibit D. The preliminary plat shows the wetlands extending to the property to the north; this has been confirmed on field inspections. Please review Exhibit F, the exit drainage plan. The major drainage from this site commences at the designated wetland area that drains to the northeast through the property tc the north and east and eventually under Highway L 2 to a drainage ditch that drains between the Washington Scientific property and the Lena Lake Industrial Park, then extends eastward along tne railr'ad track and eventually to the drainageway that finally drains to Long Lake between Burger King and the shopping center. This is the drainage ditch that is most sensitive to mo year storms and ei^eates suijor drainage problems for substandard storm sewers of the City of Long Lake. Adequate retention on the 5iite will be a key for receiving approval from the Minnehaha Creek watershed District. Zoning File #1668 August 16, 1991 Page 3 of 4 Staff has enclosed a preliminary report by the Watershed District of an original drainage plan submitted by the engineering department. This plan would have involved the excavation of portions adjacent to the wetland involving excavations to the 1016 elevation. As the MCWT report notes, all forms of retention must be above the 1018 elevation that will require berming of areas above the 1018 to approximately 1019 to 1019.5. The City is at the stage of preliminary discussions with the MCWD in order to determine the best means to provide adequate retention on-site and yet satisfy water quality concerns. The City's interest will, of course, be to minimize the impact on dry buildable land needed for development purposes. In any case, if excavations are proposed within the desginated wetland area or within 26* of the designated wetland, a separate conditional use permit and variance will be filed by the City of Orono once development plans are finalized. Once again, review Exhibit J. Note the retention area to the northwest of the property and the invert along the west lot r.ine of Lot 1, Block 1. Drainage comes from major portions of ‘che school at the west. Drainage from the north comes along the road from a small watershed on the east side of Old Crystal Bay Road. Drainage at the northwest seems to be retained in the low, wet area. Drainage from the school appet^rs to fan out until it finally reaches the lower elevations of the designated wetland at 1018. These drainageways will be addressed with the final drainage and grading plans for the municipal facility. To approve the preliminary 2-lot plat of the City of Orono of Lot 2, Block 1, Willow Properties Addition finding all standards of the RR-IB zoning district have been satisfied. This approval is subject to the following conditions: 1. Current o%mer to provide a public road to the east lot line. The temporary cul-de-sac to be installed at the east end per approved plans. 2. Owner to grant temporary access and utility easements over portions of temporary cul-de-sac not located within 60' road outlot. 3. Owner to grant flowage and conservation easement over wetlands designated at 1018 elevation. 4. Proposed Outlot A and Outlot A, Willow Properites Addition to be now designated as a public road. The City of Orono to maintain once construction is complete r Zoning File #1668 August 16, 1991 Page 4 of 4 and approved by the City. The City to formally reclassify Outlot A, Willow Properties Addition as a future public road. 5. Access to Lot 1, Block 1 shall be provided from Outlot A, This property shall be limited to one other additional curb cut along Old Crystal Bay Road based on length of frontage adjacent to roadway. Lot 1, Block 2 shall achieve access only from Outlot A, the future public roadway. No direct access onto U.S. Highway 12 shall be allowed. 6. Notice to applicant and owner that any alterations of the existing wetland designated at the 1018 elevation or within 26* of that wetland shall require a separate conditional use permit and variance application with the City. 7. Any others deemed appropriate by the Planning Commission. Additional CoBMonts and Planning Coonission Reconmendations September 4, 1991 Additional Bnhibits Exhibit H - Revised Drainage Plan The Planning Commission unanimously approved the preliminary subdivision application for the City of Orono noting special concern for the obtaining of clear title to the subject property and of the special drainage needs of this severely sensitive property. The Planning Commission once again voiced hope that there would be no need for variances that would involve the encroachment of the designated wetland area. Staff has met with the Minnehaha Creek Watershed District in order to determine the best means of maintaining adequate retention and drainage control for Lot 1 when developed. The Minnehaha Creek Watershed District was reminded that if the wetland area was determined to be classified as a Type II wetland that the jurisdiction of the Watershed was somewhat limited. Mark Gronberg,' the City surveyor, advised that the Army Corps of Engineers had no concern if the City proposes excavation as opposed to filling of a Type II wetland. Please review Exhibit H. Mark Gronbetg has submitted a revised topographic map designating the wetland now at the 1017.7 elevation. Further inspections of the site disclosed a drainageway draining to the east exiting the p r>perty at the R', k'k. Zoning File #1668 September 1991 Page 5 1017.7 elevation. The northern drainageway at the 1017.9 elevation would receive overflow but the major drainage would extend to the east through the 1017,7 exit point. To be consistent with the Minnehaha Creek Watershed District's first review comments^ any excavation for the purpose of retention on the site must be above the 1017.7 elevation. Baseo on the width constraints along the east side of the property for the public works needsr the excavation would have to be made to the west side of the designated wetland area. This would require a separate conditional use permit and variance review if the excavation would be contiguous to the designated wetland «nd not maintain the required 26' setback. There is also a need to redefine the drainageways as the old drainage paths are interspersed now with mature l.umroocks and other forms of natural obstacles. Drainage easements will be taken over these drainageways as 6ho%m on Exhibit H. Steve McComas* a limnologist with the Bonestroo firm, was asked to formally classify the type of wetlands. Mr. McComas has made a complete inspection of the property and has confirmed the wetland as a Type II. His final report will be sent to the MCWD for their review and further consideration of the City's application. Mr. McComas will also be asked to appear before the Planning Ccxnmission if the City proposes a retention pond either contiguous or within 26' of the designated wetland area requiring a full variance review. The Planning Commission adopted the staff's approval racomirendation subject to Conditions 1-6. The enclosed approval resolution has been amended per the recent drainage Information. Isv A RSSOLOTION GRANTING PRSLIMINART APPROV'AL OP A PLAT AT 700 OLD CRYSTAL RAY ROAD NORTH PILE NO. 1668 I P-. WBBRBASr the City of Orono (hereinafter "the applicant") on July 25r 1991 filed a torinal subdivision application for approval of a 2 lot residential plat of property legally described as Lot 2, Block 1# Willow Properties Addition, Hennepin County, Minnesota, (hereinafter "the property") and; WHBRBA8» after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on August 19, 1991 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and 2. niBA8» at their regular meeting held on September 9, 1991 the Orono City Council considered the subdivision application as proposed, noting the following flndin* of fact: 1. The property is located within the RR-IB Single Family Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. The property cortains a total of 16.5 acres. .9 acres consists of wetland areas located at or below the 1017.7 elevation . 3. The proposed plat contains 2 lots each exceeding the 2 acre minimum lot area requiremc 4. The property will be served witJi municipal sewer and water and still be developed at current RR~1B standards. 5. Lot 1, Block 2 may be developed under B-6 zoning basad on directives of Comprehensive Plan Amendment No. 2. Current PUD ordinance Section 10.53 for Highway 12 corridor would not allow development of Lot 1, Block 2asaPbDas property does not meet 5 acre requirement. If property id to be developed under a PUD, future owner must acquire addi:ional contiguous land. Page 1 of 4 6.Each lot meets the standards of the existing RR-IB zoning district. l«qulr«d laproveaents Ownar of property shall construct an access road with temporary cul-de-sac at east border. Such road shall meet all required standards for a public road a* ^ ton capacity. Owner and applicant, shall be responsible for extension of sewer and water to both properties. WOW, TBBRBPORB BB IT RBSOLVBD, that based upon either one or more of the above findings, the City Council of the City of Orono hereby approves the preliminary plat for the City of Orono at 700 Old Crystal Bay Road North per the survey dated July 26, 1991, revised August 29, 1991, by Mark S. Gronberg of Coffin and Gronberg, Inc., subject to the following conditions; 1.0%#ner to dedicate Outlot A as a public road to th.' east lot line. A temporary cul-de-sac to be installed at the east end per approved plans. Ovmer shall grant temporary access and utility easements over portions of temporary cul-de-sac not located within 60* road outlot. Owner to grant flowage and conservation easement over wetlands designated at 1C17.7 elevation. 3.Outlot A Willow Propel ties Addition shall be redesignated as a public road. The City of Orono to maintain once construction is completed and approved by the City. 4.Access to Lo. 1, Block 1 shall be provided from Outl A. This pro'^rty shall be limited to one other additional curb cut al<»,- Crystal Bay Road based on length of frontage adjacent to :'‘Jdway. Lot 1, Block 2 shall achieve ac«*ess only from Outlot A, the future public roadway. No diract access onto U.S. Highway 12 shall be allowed. 5.Notice to applicant and owner that any alterations of tht. existing wetlands designated at the 1017.7 elev ion or within 26* of that wetland shall require a sepaiate conditional use permit and variance application with the City. Page 2 of 4 Mm r FINAL PLAT SUBMITTALS The following list ot final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A, RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to l'*=»200*. Drawing to include: a) Lot lines platted per preliminary survey by Mark S. Gronbe'g of Coffin and Gronberg, Inc. dated July 26, 1991, i ivised August 29, 1991. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5* each side of intern’s! property lines. c) Designation and dedication of a drainage easeme. c within Lot 1, Block 1 over the wetland area at or below the 1017.7 elevation. The drawing should also show 20' wide drainage easement to northeast (at 101'7.9 elevation outlet) and east (at 1017.7 elevation outlet). Outlot A Willow Properties Addition and newly designated Outlot A shall be shown as a future public road not as an outlot. The City will name roadway prior to final plat approval. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, me tgage holders or others with property Interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Draina«^<» Easement documen’^ for the wetland area (1017.7) and drainageways as shown on staff sketch within Lot 1, Block 1. Page 3 of 4 JJr^ CITI OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site Address_____"^0 0 C> L D.- 77t3 ( V ^gc V k y- I l" 4 Property Identification Number (P.I.D. ) 3> ^ ^ ~ Please check one - Property ^ abstract or - - / 3- 0 oo 3 torrer.s? Attach legal description to application. APPLICANT Name Phone (home) V- Q-v>Phone (work) Address . po ^ ^ ________ Citv;/^v^sgTa/ Zip ; ^3^3 ONNSR (if different than applicant) Name A-/j ^ - - - - - Address: Phone (home) Phone (work)/7 ? ^ r-:. (3 •>- City; Loou^ Tu^kfc'- _Zip; (attach list if more than one) ‘.!:4 EXISTING LAND USE :V'’ L,t Number of Tax Parcels Development Size r-; P;a Acres Dry Land Acres Wet Land Acres Total, all parcels w-Present Use (check) i/ P.esidential ; no. of units _ Other fsneeifv) ^ i a Q._ 4'Present Zoning nia^^riet ^ ~ t 4 PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:I / Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Units per _ _ Acres Sq Feet Dry Buildable Land Residential Other (specify) 2. UZHIMOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION L. Completed Application Fom Preliminary Plau information on Certificate cf Survey, Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate ist of any other persons you wish notified of this application. 1. I. :artlflcation by Zoning Department that Preliminary Plat Application is WBplata. toning official's signature________________________Date L. Payment of fees (park fees, filing fee, sewer and water assessments). L Signed certificate of survey or mylar copies of formal plat. I. Title opinion. I. Easements, Covenants, etc. !• Developers Agreement and Letter of Credit. Sertification by Zoning Department that Final Plat Application is complete, iming Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ Date_ _ _ _ _ _ _ _ _ _ Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement 5150.00 250.00 Preliminary Review (Class I 4 II Subdivision) Preliminary Review (Class III and all non-residential) 250.00 300.00 + 20.00/Lot Final Plat Review (Class III) *(Plus any legal or engineering charges) 150.00* ■(■ applicant hereby agrees to provide all information required or ■gaested by the Zoning Administrator, City Engineer, City Attorney, lanning Commission and Council necessary to process this application and mrtber agrees to pay all additional fees established by ordinance. jiplicant's Signature a /‘J /n(Date 7 - - *r/ mer's Signature Date e/'/? I T jlieant must have all submittal into the City offices 25 days before the iasiaing Commission Meeting. Planning Commission Meetings are held on the ,rd Monday of each month. Applicants must be present at all scheduled 'iew meetings of the Planning Coounission and Council. If an applicant is lie to attend a scheduled meeting, please make arrangements to have an lorised agent attend in your place and to advise the Building 6 Zoning [fioe of this change prior to the meeting. ;v*v- ...A. 'i* r'\-r ^vr K .' »::: '^■ % i'>•I ■ £CBRTIPICATB OP MAILING STATE OF MINNESOTA ) ) COUNTY OP HENNEPIN ) ss. CITY OF ORONO I, Linda Vee# of the City of Orono, Hennepin County# Minnesota# do hereby certify that a Notice of Public Hearing concerning the matter of #1668# was mailed to the attached list of property owners . In Witness Whereof# I have hereunto set my hand and seal this 30th day of July# 1991. /y/ Linda Vee S'*M*'/B 28-U8-23 34 0001 28-118-23 43 0005 Orono School District #278 ORONO COMMUNITY CHURCH 795 Old Crystal Bay Rd N 770 OLD CRYSTAL BAY RD Long Lake, MN 55356 LONG LAKE, MN 55356 23-118-23 43 0006 ALBIN THIES 1442 HOMESTEAD TR LONG LAKE, MN 55356 33-118-23 24 0001 ROBERT WAGNER RT 1, BOX 305 LONG LAKE, MN 55356 33-118-23 24 0002 JOANN R FROST TRUSTEE 521 WILLOW DR N LONG LAKE, MN 55356 33-118-23 12 0002 HENNEPIN COUNTY LIBRARY RIDGEDALE DR & PLYMOUTH RD MINNETONKA, MN 55343 33-118-23 12 0003 WILLOW PROPERTIES EDINA PROFESSIONAL BLDG 4945 HALIFAX AVE S, ST 7 MINNEAPOLIS, MM 55424 33-118-23 13 0011 VEDA INC P.O. BOX 375 LONG LAKE, MN 55356 33-118-23 13 0009 WASHINGTON SCIENTIFIC P.O. BOX 340 LONG LAKE, MN 55356 ,,, u;.!' :r:r a;- ‘ M-' 'v jr I I',:. t’ Mtisfc: P 1^; r*^ • *< •* . £ ..I'i f/rfel; ■ -i ft'-. teiiy .*.1 ^ ' -i? ,> . .. - V. VvVfr {iy % W- i: I ‘i". I kr fi- OIST NO t?9 in r m v'. ^ik"' 1=' • fek..A.. A'jgus: '■). '.vvi li;' V- !SS-a... .. Pprmif Anniicntion Applicant: CiiyofOrono P.O.Box 66 Cr>'stal Bay, MN 55.'C.' Purpose:' Stomwater management plan for consirucuon of a municipal oilice ^ * complex on a 14.1 acre site nonh of L S Hwy. 1> and east of Old Ciystal Bay Road. A nnlicnhlp Rules: Rule B - Stormwater Management Plan for Individual Projects ^ Rule D - Wetland Alteration Fvhihirs Reviewed: 1. Permit Application 91-1 14 received Augusts. 1991 2. Drainage plan dated August 5, 1991. 3. Hydrologic calculations dated August 5. 1991. 4. Preliminary plat dated July 26. 1991. Siimmarvi The proiect involves construction of a municipal office complex including a public works bailiine. police station, city offices, city meeting hall and associated dnvcways and oarkine areas on a 14.1 acre site located nonh of U.S. Hwy 12 and east of Old Crystal Bay RoS in the City of Orono. The existing site contains a 2.3 acre wetland which ^»^s to the north off the propeny. The drainage path then bends to the south crossing Hwy. 1- ihrouEh a 24-inch eulven into the City of Long Lake where it drams along a ditch through the downtown area across Hwy. 12 and into Long Lake. This ditch has been the subject of review on several previous occasions with concern expressed about erosion problems along its banks. The wetland is ecncrally grass and willow interspersed with some pockets of catt^iils. Cattails are an indication that ponions of the wetland may be considered Type 3 mSJJlikely to be considered Type 2. The Dismet regu ates Type 3.4 and 5 wetlimds elevation for the wcUand. been submitted for the proposed construction. Rpfommgndation: Table pending receipt of: 1. 2. 9 of 12 '0 mil..' 6^ Permit Application 91-114 Page Two 3. 4. 5. 6. 7. Hydrologic calculations demonstrating conformance with District rate control and water quality treatment standards for a plan providing a wetland outlet at elevation 1017.9. Detennination of the type of the on-site wetland. Clarification of the area and storage volume of elevation 1018. Erosion control plan prepared by a qualified individual which shows proposed methods for retaining waterborne sediments on site during the period of construction and how the site will be restored, recovered or revegetated after construction. Revised plan including the proposed baffled weir structure detail. Ij I- f. I y LIf / To:Mayor Peterson and Crono City Council Acting City Administrator Gerh^rdson Proa: Date: Subject: Jeanne A. Mabusth, Building & Zoning Adninist September 5, 1991 #1671 Bruce Turner, 3800 Wayzata Blvd - Conditional Use Permit/Varianr.es % Zoning District: RR-IB % Pertinent Ordinances 1. 2. 3. 4. Section 10.03, Subdivision F. - Non-conforming uses require conditional use permits. Section 10.03, Subdivision 5 (A) - A non-conforming use may not be changed to another non-conforming use. Variance required as applicant proposes a plumbing and electrical showroon/sales shop that would replace a legal non conforming commercial use, vegetable/grocery retail shop. Section 10.03, Subdivision 5 (E) - Whenever a lawful non- conforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity wirh the provisions of this zoning chapter. Staff advised that the informal sale of local farmers produce was held within the parking lot area in the summer of 1990. It was the opinion of the Planning Commission that this was not the full commercial use approved for the site and that the use approved had not been continued and that applicant should be seeking a variance to this section also. Council is asked to provide direction on this matter. Section 10.03, Subdivision 5 (J) - 'Apply to *nses' only.' The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put, and do not apply to situations where the location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter. Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10.08 of the Municipal Code. Staf^ would ask that you review Exhibit I, Suesan Pace- Shapiro's memo, that questions the legality of this section of the Code as it may result in the granting of use variances in violation of the State Statute. !'• % )■ H i Zoning File #1671 September 5, 19S1 Page 2 List of Exhibits Exhibit A - Exhibit A-1 Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Application - Applicant's Addendum Property Owners List Plat Map Staff Letter to Applicant Floor Plan Site Plan Site Plan Approved for Grocery/Retail Use at Time of Acquisition of Additional Right-of-Way for County Road 6 Floor Plan of Former Retail Use Suesan Pace-*Shapiro Memo Planning Commission Action Notice 8/26/91 Rovlew of Application Applicant has applied for a conditional use permit to continue a non-confo.rming use of the residential zoned property (RR-IB) for a plumblng/electrical store use. The plumbing store will have 3 full-time employees and will operate 5 days a week, Monday through Friday from 8:00 a.m. to 6:00 p.m. Please review Exhibits E and H. The actual retail use area remains at approximately 2400 s.f. of net useable area. Office, utility, bathrooms, etc. have been excluded from the total 3,000 s.f. gross area. As the commercial code for a retail use would require 16 stalls, staff would suggest that since the delivery vehicle and maintenance equipment will be stored inside the existing storage shed that 15 stalls are adequate. Former users have always used the storage shed for retail storage and the former retail use was approved at a 15 stall level. It is the opinion of the applicant that the plumbing/electrical shop would have less traffic than the former vegetable/grocery shop use. It is staff's understanding that the majority of the clients to this business are contractors and not the general public, although the general public may use the services. Review Exhibits F and G. Exhibit G is the approved site plan of a former retail user of the property denoting the area acquired by the County with the upgrade of the intersection of Highways 6 and 12. Staff has sketched in the approximate location of that right-of-way and how it impacts the applicant's proposed parking plan (Exhibit G). Applicant has not designated the location of refuse container and concrete pad for recycling use noted in addendum. There is already a screened dumpster area to the northeast of structure that was approved for an earlier applicant. Signage and lighting needs appear to be minimal. Lighting would be subject to the standards set forth in commercial code and signage subject to standards of residential code. As for landscaping, applicant proposes major clean-up and t- Zoning File #1671 September 5r 1991 Pa<^e 3 regular maintenancer no plantings. Applicant also proposes a change to the color of the exterior of the building which, unfortunately, the City has no control over but many residents would be happy to see any change. Please review Exhibit A-1, applicant's description of the commercial operation proposed for the site. Please note Page 3 of the commentary in which applicant compares the proposed use with the former use. Note that the product distribution center will remain at its Maple Plain location. The hours of operation for the proposed commercial use will be trimmed back considerably as former retail use was open 7 days a week and hours of operation would extend into late evening hours. The proposed business does not need the high volume customer counts as did the grocery/vegetable retail use. If this conditional use permit is to be approved, the City will require strict controls on any growth, i.e. expansion of structure, expansion of employees, expansions in use. It should be noted that there is no longer any exterior storage planned by the applicant. On all previous retail site plans, the grocery/vegetable store use was approved with a 20' X 25' outside sales area to the east side of the structure which often became a problem with encroachment into the immediately adjacent State right-of-way. Rsfvlew of Issues Raised by Planning Ccssaission Question of appropriate application. Certaiii members of the Planning Commission questioned whether this should have been an application for a commercial site plan review rather than a conditional use permit and variance. Once again staff would ask that you review the pertinent sections of the ordinance sited on the first page of this memo. This is a residential zoned property. A non-conforming use in our Code is recognized via a conditional use permit. Standards of such a conditional use permit are set forth under Section 10.03, Subdivision 5 and any variations to those standards require variances. There is nothing in our Code that requires a commercial site plan for a use within a residential zoning district. Commercial standards may be used aa appropriate standards in the consideration of non- conforming use site plans/floor plans. The current application involves a conditional use permit for a non-conforming commercial use of a residential zoned property and in addition seeks variances to the standards set forth under the non-conforming use section, i.e. change from one non-conforming use to another and depending upon Council's final determination concerning the discontinuance of the commercial use on the property a variance to that section also. ..... '.T r‘ ■ Zoning File #1671 September 5, 1991 Page 4 Issue of Use Variance Please review Exhibit I. Sr.apiro advised the City that if it were to consider variances to non-conforming uses that the City Attorney's office should proceed with research into Minnesota cases and cases from other jurisdictions to determine how courts have treated the question of whether or not a variance ran be granted to non-conforming use provisions of a Code. The City has yet to be challenged as to the granting of variances to this section although it has done so in the past for 1960 Shoreline Drive, the Dog Bouse on Highway 12 and for the subject property. The current Code (Section 10,03, Subdivision 5 (J)) suggests that the City may consider granting variances to these performance standards. If the City is to proceed with the granting of variances to the non-conforming use section for this application or for any application in the future, it is staff’s recommendation that the City Attorney's office be first directed to determine if the City has the legal right to continue grantinc such variances. Expiration of llon*-oc»ifc rming Dae It was the opinion of the Planning Commission that the informal sales of farmers produce in the parking lot did not constitute the full restoration of the approved non-conforming coBunercial use of the property. Staff asked Mr. Turner to provide written comments from Gary Kirt, the former owner of the property, as to the date of the last commercial use and the nature of that use. Staff has received no written comments as of this writing. Mr. Turner may be able to provide this Information at our meeting. If Council concurs with the Planning Commission's position, then Mr. Turner also seeks a variance to this section of the non-conforming use code standards. Planning Commission Recommendation The Planning Commission was unable to effect a decisive vote for a recosuaendation to the Council resulting in a 3 to 3 vote. The recommendation reads as follows: "To recommend denial of application #1671 for the property located at 3800 Wayzata Boulevard West for a conditional use permit and variance for non-conforming commercial use of property It may be helpful if Council reviews the minutes of that meeting providing greater background on the discussion issues. The three members who voted for the recommendation believe the property should revert back to a residential use and suggested that the structure, not being appropriate for single family residential use, would now be classified as an accessory structure noting that it should be required to be removed within a specific time period. 1 i, !- I'ri \ fe &■ I Ff I S'.p; I-5;">- Zoning File #1671 September 5, 1991 Page 5 As for the three members who voted against the motion, although they concurred that the use proposed by Mr. Turner was not appropriate for the residential property. The property was not really appropriate for a single family residential use and h^ped that a more compatible use be inrtalled on the property. Members noted the uncertainty of the 394 corridor location and the impact on this property because 2 of the proposed corridors will have a major impact on this property. It was clear tha^ although the split vote was created by -he more comprehensive aspect of the recommendation, all concurred that the use proposed by Mr. Turner is unacceptable for the residential zoned property. One member noted since the me«*-ting that a displav/showroom/sales use for a plurabing/electrical shop could turn into a future "Hardware Hank" type operation. Options of Action Available to Council A conceptual approval of proposed conditional use permit and variances proposed by applicant pending an opinion from the City Attorney as to the legality of granting variances to the non*~conforming use sections of the Code. Based upon the City Attorney's direction to the Council, applicant would then be required to submit an amended site plan for further review by the Planning Commission, the amended application shall include the following information: 1. Amend site plan to reflect actual lot lines relative to Quit Claim Deed of right-of-way to County and provide amended parking plan for 15 stalls. 2. Landscape plan? 3. Detail on lighting. Locate existing lighting and proposed lighting on site plan. All proposed lighting must be shielded from adjacent residential lot lines and road right-of-ways. 4. Detail on signage and location of signs on site plan. 5. Refuse cr^ntainer, recycling pad. Denial of the conditonal use permit and variance application of Bruce Turner for a plumbing/electrical display room/store use, a non-conforming commercial use, for the residential property located at 3800 Wayzata Boulevard based on one or more of the following findings: 1. The use is Incompatible with the surrounding residetitially developed property. h ‘p-fr I'P s?-r i. Zoning File #1671 September 5, 1991 Page 6 2.The applicant has advised of certain economic considerations when seeking the change in use of this property; economic considerations shall not consititute an undue hardship. 3.The property can be put to a reasonable use under the current conditions allowed by the controls of the City. 4.Applicant seeks variances to the Code and has not provided acceptable hardships except to discuss or offer economic or financial considerations. If denied, a resolution can be brought back to your next Council meeting, September 23rd, for formal action by the Council. Connell Actii To provide conceptual direction to staff so that staff can proceed with appropriate action to complete the review of this application. Isv CITY OP ORONO “ GENERAL LAND USE APPLI M. 1 • / PROPERTY LOCATION Sit6 Address '^ann waY7ar:^ _fiROXOi—jS25° Property Identification Number (P.I.D.) —29-118-2i^-27Q-QQiI5 Please attach legal description to application if not included on required survey. APPLICAIT Name Phone (home) 47Q-JQJI2 BRUCE TURNER Phone (work) 47Q-6:?5l ’’ih Address 5159 MAIN street _ __ _city •0v ONNER (if different than applicant) Name CLIFFORD L. OTTEN_ _ _ _ Phone (home) Phone 473-5425 Address po.box249 lon^^ t.ake. mn.City i.nvr, t.akf Zip Date Property Acquired 4-1-91 (month/year) I (do) (do not) also own the adjacent parcels of land. - CONDITIONAL USB PERMITS - Renewal Fee - 1/2 Current Fee , , . ^ j^ftor-the-Fact Fee - Double Current Application Fee $ 50.00 For each variance request with CUP Lin Or OHiMU FINAH^ OFFICEisomooo $150.00 Institutional (church, school, etc.) $125.00 Residential accessory Use $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use iJ50a--_01 ££» moj CHECK TL 200,00 RECEJPT^wm YOUacmoo cool m mu07/2SA $200.00 Land Alteration Grading and filling - designated wetland or floodplain PRD/PID - see fee schedule C APmCATlO f ;■*.. &> $200.00 $250.00 $175.00 $ 50.00 $250.00 $100.00 Other - Commercial Site Plan Review (+ consultant fees) Vacation Basement Vacation Easement Vacation with Subdivision Rezoning (PUD - refer to fee schedule) Appeals see fee schedule present osb op property Present Zoning District Present Use of Property Residen::ial Ctr.er (specify) DESCRIPTION OF REQUEST Describe request in detail: Puilding »,:nn1d Hp fnr c:bnwrnnm_ office, and sales> of Plumbing and pigctrical r’rrrirh?:.—pvaciftle, grnnruy V>o h o r* 2. 3. REQUIRED SDBMITTRLS 1. Completed Application Form, . • Certified Property Owners List of owners within j50 (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Map. . Certificate of survey (signed by a licensed surveyor). , • c . Topographic survey (existing and proposed contours) i,. lan alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements/. ^ As an addendum to this application, please attach a separate xist of any other persons you wish notified of this application. -S. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR___ A flORKXNG COPT (11* X 17* OR SMALLER) FOP ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please :cemember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date— - - - - - - - APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by origin^^ fee payment) and/or unusual expenses incurred in review of this applica^oA, and certifies that the information .supplied is true and correct to his/her )cnowledge. Applicant's signature Date 7-6-91 ONHIRS SIGNATURE The owner hereby acJcnowledges and agrees to this application and further investigation and verification of this request. dimer's signature Date 7-8-91 Applicant must have all sulmittals the Planning Commission Meeting. Planning Commission Meetings are held third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and advise the Building 6 Zoning ' Office of this change prior to the meeting. 1 c y ‘ L •ff. I"' P-"'ll-: 'Jt’f--- ir-'V' I'- I 1: >* ■ u I frCREATIVE PLOMBING AND ELECTRICAL CO 5159 MAIN STREET MAPLE PLAIN/ MINNESOTA 55359 ^ ■ I : I August 4, 1991 CITY OF ORONO Jeanne A. Mabusth P.O.Box 66 Crystal Bay/ Minnesota 55323 Dear Jeanne: This letter is written response to your inquiries involving my application ID. no. 29-118-23-34-0009 . The following is a detailed description of the six points that you included in your letter that I received on July 28, 1991 Site Plan: The site plan sent to you shows the existing fifteen parking spaces that are now set up on the property. The property already possesses 15,000 square feet of existing bituninous/ with a six inch class no. 5 gravel under base. The parking area has been measured and stripped to assure organized parking. In addition, the property contains a 24*x26* storage facility that will store our delivery vehicle and naintenance equipment that would be necessary for the mainten^'^ro of the property. The building, that is 3/000 square feet/ will provide us with ample space to eliminate the need for outside storage. A refuse container and a concrete pad for recycling will be added to the northern adjacent side of the main building. Size of Company: Our company has been in existence for 18 months. We grossed sales of approximately $51,000 between Jan.31, 1990 through Jan.30, 1991. We have two employees which include myself and a business partner. Additionally, we employ a state licensed master electrician for consulting work involving new products and code requirements. Our company hours are currently, 8:00 am. though to 6:00 pm. Monday though Friday. JLLi 1 H- r ^. FI ' ? i-v t': I Prk p l-5. I i^'-iI:" A-liy ftCity of Orono Jeanne Mabusth August A, 1991 Page 2 of 3 Sign Requirement Needs: Currently there are two signs on the property. The first is adjacent with Highway 12 . This sign is approximately twelve square feet in size. The other is adjacent with County Road 6 . It's size is approximately four square feet» with that in mindf our sign requirement needs would be fulfilled with the current sizes now on the property. Lighting Needs:On the property exists a 500 watt mercury vapor security light. The existence of this light is located on the northwestern position of the parking lot. Addition to this plan will be a 150 watt light for visual improvements to the property and to our sign. Proposed Landscaping on Site:Currently* no major landscaping will be necessary other than removing weeds. The removal of six old produce display boxes and clean up of debris left from the wind blown Paul's Produce sign would be included in our plan. At this property* we would have the removal of all vacant vehicles that are now displayed for sale. Proposed Changes to Exterior:The only exterior changes to this property are the colors of the building. The colors presently are florescent yellow with a blue trim. p. A''city of Orono Jeanne Mabusth August 4, 1991 Page 3 of 3 The bonus of my proposal to this community would be the physical improvement of the property. In this particular business, high volume customer counts are not required to make a profit. In the past# many grocery stores and vegetable stands at this location have failed. The failure is due to the low customer counts required to the nature of those businesses. I would reaffirm that our Maple Plain location will be our product distribution center because of it's location and the large facility currently in place. We trust that the above is in order. However, should you have any questions please let us know. BAT/dt 385>4 'i*'’ RIM DATE 07/11/91 HE»#«PIN COUNTY PROPCR^r INFORMATION SYSTEM PROPERTY (M^ERS LIST report NO. P1AS5A01 PAGE 17BATCH 007 PROP AODR IMCR NAME TAXPAYER NAME/ADDR PROP ADOR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/ADDR ..3 sa 29-119-2) S2 0006 00039 ADDRESS UNASSIGNEO MEIM COUNTY PK RESERVE OXST HEM4 COUNTY PK RESERVE DIST 39 29-119-23 34 0006 03660 SIXTH AVE N PARK 6UN CLUB INC PARK eUN CLUB C/0 RUBY CESCHHINO 4939 VERA CRUZ AVE NPLS m 55429 39 32-119-23 21 0003 00039 ADDRESS UNASSIGNED S A CIRSPINSKI ETAL CLIFPORO L OTTEN 2265 H HAYZATA BLVO LONG LAKE HN 55356 PROP ADOR OMCR NAME TAXPAYER NAHE/ADDR 39 32-11B-23 24 0004 00039 ADDRESS UNASSIGNEO LISLE VICKERHAN JR ET AL ORCHARD PARR EARN INC 3990 HATERTOm RO HAPLE PLAIN t«t 55359 39 29-119-23 33 OOOl 03960 SIXTH AVE *• NORTHERN STATES POHER CO NSP - PROPERTY TAX DEPT 414 NICOLLET MALL MPLS ttl 55401 38 29-118-25 35 0008 00038 ADDRESS UNASSIGNEO BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY 58 29-118-23 34 0009 03740 HAYZATA BLVD H CLIFFORD L OTTEN CLIFFORD L OTT»^N 2265 N HAYZATA BLVO LONG LAKE m 55556 38 29-118-23 34 0009 03800 HAYZATA BLVO H B M CURTIS ASA CIRSPINSKI BARBARA CURTIS 3907 JANET LA BROOKLYN PARK MN 55430 38 32-118-23 22 0002 05825 SIXTH AVE N FRED HOLASEK JR ETAL FRED HOLASEK JR 3825 6TH AVE N LONG LAKE MU 55356 38 32-118-23 22 0005 03825 SIXTH AVE N FRED HOLASEK JR ETAL FRED HOLASEK JR 3625 6TH AVE N LOtKl LAI.E Ttl 55356 TOTAL BATCH 007 00010 I CERTIFY THAT THE FACTS REPRESENTED ARE AM ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS ’T APPEARS THIS DATE ON THE RECORDS OF THE HEWEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIONt TO THE BEST OF MY KNOHLEDGE AND BELIEF. DAT eH^ BY /DmJ: Crt>) n r- ‘7- 1 ^ ; J ■ J rr^ .'It. I-4y I¥i- ■*■ur I-I.I-I ? *■* ( ■ r«^ ^ 1'^ P;j^y ni&f .. O O CITYof ORONO * V • - ' ^ cf Muiiiapal Office Past Office Box 66 CrvfUi IU\, Minaeou 55323-0066 July 26, 1991 Bruce Turner 5159 Main Street Maple Plain, MN 55359 Dear Mr. Turner: This letter is written to confirm the nature of the application you have applied for, as you have noted to the clerical staff that you were not clear as to the type of application you were to submit. The subject property is residential zoned property. There exists on the property a legal non-conforming commercial use for a produce/grocery store use that was to be operated under approved guidelines on a limited basis. The commercial use of the property ceased some time in September of 1990. Your application seeks approval of a new commercial use, a plumbing and electrical retail store, to be operated from the existing building. As I previously noted to you, the commercial use of this property is a non-conforming use. A non-conforming use requires a conditional use permit and because the code specifically does not allow one non-conforming use to change to another non- conforming use, you have also been asked to file a variance application. The fees are as follows: Conditional Use Permit Variance $150.00 50.00 TOTAL FEE $200.00 In that same earlier discussion, I advised you of the difficulty of the City to approve new commercial uses for the residential property. You were advised that it is your responsibility to present your application and that additional supportive written documentation will be necessary. Please note that it is the City staff's responsibility to advise the Planning Commission and Council of the code requirements and the impact of your proposal in relation to pertinent s«sctions of the non- conforming use code sections. TELEPHONE - 47J.7357 • FAX - 4TWH.0 f *r -■ sF *' ■ nyr ?■; ' ■A'"'t ■m t^:.4 r-^..i r?' if ■>■- Bruce Turner July 26, 1991 Page 2 of 2 In reviewing your application submittals, you - failed to submit a written addendum or exhibits responding to the following issues: 1, Site plan. Confirm parking and parking of commercial vehicles associated with operation. How many, where they are to be parked on property, storage of any outside equipment, other changes proposed to exterior of property. 2. Written addendum should include the number of employees, pj^ovlde data on size of company and operation, hours of operation (any other Information that defines scope and/or size of operation). 3. Signage needs. Code limits you to 12 square feet of signage area, if you need greater amount, this should be specified In the application. 4. Lighting needs 5. Proposed landscaping on site. 6. Proposed changes to exterior of building. The thrust of your application should be that your proposed use will be less Intense than the legal non-conforming coinmercia) use of a vegetable/grocery store. A site plan and written addendum should be received by this office no later than Tuesday, August 6, 1991. Please contact my office if you have any questions concerning the matters discussed above. Sincerely, Jeanne A. Mabusth, Building 6 Zoning Administrator JAM/tln tmf-r.•’•fe ./V ■ ■', 55-5l‘;-':.‘'>i'■-‘••i--*' "i.' i. ■ fo’•-.".■'■'y<i ®|P-^ v|^ ^ "WM% Ti-."' ■ (' ,'''.•I ' \ < •^ • •• ‘ > *.> ’ Vr.j : *f;? V'*T 'f ‘ ' < a 'Wcr v-y ■■ > .- ^ tefesi ■>. « I o *< X ii A »• “.i fe: '#p»iv,^t;'- .j.-: s. I »• NN. 00 * ----------- I ............................* , |»*» V J<'J .T ^.wTVWV' > ^* *• * f• * •- V W-. ^' 17VI K A'l)HWY.NO. G fefea,»' Sis ? .-s*.;vWlVi.«y^ii#ir:' i r-^ .T *^J '' t r#'r»-.f *y ('j fn'r •:ilC I (V#:^ Ijf1> • lifnM 7 • •• *^' - jx"'" ' ■r. T> ?c rcr*^«r€i X', •■ •. .X.nt_ ijv«o ^ fc’«* «r v»ktf ii tilC?* AVo U'ArtATM \fA n^ <«J*' . *^V-’( r.'^t \f-r V ^ ■ A*t • f »• C f • ^ * • ■ • •t.*?J 41^1* •t*Ky»Ji i;;; *' t i*f r• • r-.>«................ — i 3' >-'.7. . <- ^ - if,; ^-*4 ..""S' ,- *.'■■ *■ ■mM:Ml- I"...^ -N-%^« -■ ■ T^'Tc I?..'^T . y i. ... •^-!:5 .V'-;mim » ~«i«< ^ V -.•V- 4fe- Wa?S > ■«;-,i»!v-."; :■ • ! *! ' I ■ ^ ifei..... " • \ 'z" /•J > r;tf^/;}»cr^riTi 0 !**ti r yfl.ll-krtr s^3(» Ua*j;?.i(o lilv<i. * Ilii. t ri\^I ' 5r. ; .'i ^7»V OK Or O*jO ' 0 i< 1 t I I ? .<? '•<.* /V,-.i I - • P&At:^ fryn) •I------ • I tfi'"»I I I- >ji.“ 1 f7 it //■ 89 3 :ii - V'-.p ■•'•: : • •r »• « i;?4*.r ^'ir: *1'^ /*' I •# ' >* f.Tl KvCr^-i ’.v^ ?iP •"jl J'Afi,:';TrW/' - '■ w F*r .■ •• is.f’V- ■r.' ?,'V r-V,t- i- ?;-v^ ■ ■^:'- Iv ,fc M'l" rM.* l--^ t-.' > -^: ■ ;<-:• T > ^1' ^•1 MEMORANDUM TO:Jeanne Mabusth Zoning Administrator FROM:Suesan Pace-Shapiro Assistant City Attorney DATE:March 8, 1990 RE:Preliminary Opinion Concerning the Conditional Use Permit - 1960 Shoreline Drive Our File No. 3643-047 You have asked our office to comment on the request for a conditional use permit for property located at 1960 Shoreline The factS/ as we understand them, are set forth below. FACTS On January 1, 1975 the City of Orono ("City) amended its land use regulations and zoning ordinance. The overall intent and purpose of the zoning ordinance is generally set forth in Orono Municipal Code Section 10.01, subd. 2. On November 14, 1978 Ordinance 214 was adopted rezoning the property located at 1960 Shoreline Drive to LR-IA, One-Family Lakeshore Residential District ("LR-lA") from B-1. Orono Municipal Code Section 10.23 defines the permitted, conditional, and accessory uses allowed in an LR-IA District. Orono Municipal Code Section 10.23, subds. 4 and 5. At the time the LR-IA District was adopted, the property at 1960 Shoreline Drive was used to operate a transmission repair business. Prior to being zoned an LR-IA District, a portion of the property at 1960 Shoreline Drive was zoned B-1, Limited Neighborhood Business District. The property has been used as a gasoline station (including light repairs and service) since X963. The B-1 District provides for gasoline service stations as a conditional use. Since the B-1 District permits gasoline stations as a conditional use and 1960 Shoreline Drive was used for a gasoline service station prior to the rezoning to LR-IA. the continued operation of the gasoline station was permitted as a lawful non-conforming use. Orono Municipal Code Section 10.03, subd. 5 provides that: r-' b p ■ i; f r* pt: K\ Any land or buildings waicr. were acrua-.y anc legally devoted to a r.cn-contorming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinaj. >.er specitied. Conditional Use Permit was subject to •J?nn^i^°us4as well as the general provisions governing conditional use permits provided in Orono Municipal Code Section 10.03, subd. 5. A-J. A Question has arisen concerning the reason for, and the effect of a provision in the 1978 Conditional Use Permit which provides: permitted use. (Emphasis added.) I have discussed that provision with Bruce Malkerson of our office who was the City Attorney for Orono at that time. He indicates that the intent of the Council then was to let the property owner know that a variance may be ?Sn^dered under appropriate ..rcumstances, to van- the provisions of Code Section 10.3, subd. 5A. Orono Municipal Code Section 10.3, subd. 5A provides that: The non-conforming use may not be changed to another non-conforming use. On June 8, 1987 the City Council passed R.aolution No. 2193, granting a second conditional use permit to R. solution NO^. Shop use at i960 Shoreline Drive. reolacina the service station/transmission shop. The i987 cSSdltional use Permit was subject to various conditions: One of the conditions requires the applicant to apply for a permit w^^hin a year from the date the Council approved the conditional use permit, or the permit will expire. iterateperpetuated the same language of the Code and Section IV, Item 6 in Resolution No. 961 set forth above. I.TWg igflT mwnTTTOMAl. use perut t expired ? Based upon these facts, the following questions are -2- I-‘ (1) H3S tn8 1987 Conditions-. us6 (2) May the City grant a new or an ar.ended conditional use permit? It appears that the 1987 Conditional Use expired. Under Item 5, Conclusions, Order and Resolution No. 2193 provides that. Permit has Conditions, Authorities granted by this conditional use permit run with the property not with the applicant, but are permissive only and must be exercised by application for a permit within one year of the date of Council approval, or this conditional use permit will expire on that date (June 8, 1988). (Emphasis added.) The property owner mav argue that this language can be interpreted two ways: (1)That the applicant must apply for building permit within twelve months; or (2) '’■‘“dt the applicant must apply for a renewal of the conditional use permit by June 8, 1988. Regardless of the interpretation of the above, the effect appears to be the same. If one adopts the interpretation that the’ 1987 Conditional Use Permit remained effective since the applicant another whic’ -ay be considered by the City if a variance i applied for and granted to Code Section 10.3, subd. 5A. If the cc -iv-ional us*- permit remained in effect, because II.HXfi THg 19«7 roilDlTTOiiAi. DSE PERMIT BEEW ABAMDOHEP? prsmiiTTiiOED OSE -3- Fr r •I K further consideration: Has tne ccncitior.a^usa perr:it .aosec because the "applicant discontinued use of che pr:oerry for the purpose for which the conditional use permit was granted. J Orono Municipal Code Section 10.3, subd. 5E provides: Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. we understand from staff that the property located at I960 Shoreline Drive has not been used for sailboat sales and naii^iral retail store or any other use within the last t.^elve Sontir ^rsuch b^opLation of law under the Code, the 1987 Conditional Use Permit lapsed. If the conditional use permit has lapsed or been abandoned, then under Orono Municipal Code Section 10.3, subd. 5E any prospective use of the property musc comply with the permitted uses in an DR-IA District. A f sh g supply retail operation is not a permitted use in the .wR-lA District. If the 1987 Conditional Use Permit ha- lapsed. the 2|!ir”\tT?$tr"1ini: ^e^^afrip^r^rtions 7rrno%= in District, the Council should not approve the application. Arguably, a variance to Code Section 10.3, subd. 5E may also be granted, although there is no Minnesota case on point. III.SUMMARY part: ^ Minnesota Statute Section 463.357, subd. 6 provides The board of appeals and adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person’s land is located. Clearly, under usual circumstances, the City could not arant a variance to allow this proposed use. However, the City may be able to grant variances to the “non-conforming use sections of the Code and perhaps still not violate the above statutory provision. A preliminary review of Minnesota case law 5o« not Reveal any case on point. We have not renewed this issue in other jurisdictions which should be done if the City wishes to consider such variances. -4- r: -V- I r &■ I'" 1^ I* k &• I T 0' k f-. ^- P r Notwithstanding the fact tr.at the property located at 1^60 Shoreline Drive was entitled to a conditional use permit when th^ property was rezoned in 1975 from =-l to LP.-IA, it appears that several concessions have been made regarding this property. In 1987 the property was granted a second conditional use permit based in part, because the sailboat sales and nautical shop retail operation (marina) was viewed as less non-conforming than a transmission ropaic business. The PyP®”'/ has nor been used as a marina in mote than twelve months and unde. Section 10.03, subd 5E of thi) Code the 1987 Conditional Uue Permit has lapsed. Any future use of the property should be for a permitted use in the LR-IA Distxict unless a variance can legally be grantea to Section 10.3, subd. 5E. The City Council appears to have three alternatives with regard to the pending application. rniinril Mav Deny the APPlicatiOJl The Council ray deny the application based on the fact S2eT"in Usrnce?“XnLnia"%rn any’ fru'e^us^^rihe^^rroper?? must be consistent with the zoning ordinance. iMlliasimi make. 2.Th» CQMnr?i1 Mav Approve the Conditional USfi Permit. Since the existing conditional use permit has lapsed, the City may grant a conditional use permit only if a variance is ^^Jses-anf\“^s“es‘VrVm Th^eV^lur-'dlcVrs h courts have treated the ,uestion of whether or not a variance can be granted to non-conforming use provisions. 3.Aitiimative findings if the Conditional Use p.>n«4»/Variance Denied. condition^! *v"aVSc*e. 1he“'’cVt’';%ho^°ld’'dlferm^nj Shat the property can be used for in the future if approvals are not Qrnntod for this or other conunercial use. -5- -- - -/ ... CITY OF OROHO P. O. Box 66 Crystal Bay# MM 473-7357 55323 ZONING FILE #1671NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 8/26/91 TOt Bruce Turner 5159 Main Street Maple Plain# MN COPIES TO: 55359 Otten Brothers Nursery Attn: Tim Otten P.O. Box 249 Long Lake# MN 55356 WPB OF APPLICATION: Variance/Conditional Use Permit DATB OF ITIM6: 8/19/91 VOTE: 3 For 3 Against BOTBS A1 SPECIAL IITIONS t; P'-'i i: r' The Planning Commission was unable to effect a decisive vote for a recoBBiendation concerning your proposed conditional use pezmit/variance application. The motion to deny your conditional use permit failed but the Majority of mmnbers present concurred that your specific use would not be appropriate for the residential zoned property. Members who voted against the Chairman's motion felt the proposed use would not be acceptable but that the property was not suitable fox residential development and that any BOB-conforming commercial use would have to be compatible with the adjacent residential# i.e. continuation of a limited vegetable/grocery store use. All concurred that your specific use was not an acceptable use. Your application will be presented for Council's review and action at their September 9th meeting. If you wish to include additional information for Council# please see that it is submitted no later than Tuesday# September 3rd. Per our conversation on the phone since the meeting# you have agreed to provide a written statement from the former owner# Gary Klrt# confirming the date that commercial use of this property ceased in 1990. Isv V. to p r ■ I FI' i.„- I a.. h ;* K' V* I ^ : t V ■I 'r-i % ‘?;<J • X. ■w;; ■1?lfe. To:Planning Commission Chairman Kelley Orono Planning Commission Memiaers Acting City Administrator Gerhardson % 10. Fran: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administre^r August 14, 1991 y _ _ _ _ _ _ _ _ . . _ .. . . . . . . . . . . . . . .. . . . . . ^#1673 Daniel J. Kluth, 2801 Fox Street - Variance - Public Hearing toning District: LR-IA, Property located within 500-1000' of lakeshore Area * 113,238 s.f. Allowed Hardcover » 39,633 s.f. or 35% Hardcover is not an issue for this review. List o£ Bschibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Applicant's Addendum Property Owners List Plat Map Site Plan Topographic Map Elevation/Cross Section-Floor Plan Adjacent Property Owners Acknowledgement Forms Photos of Before/After Views Description of Request Applicant proposes the Installation of a 24* x 30* detached garage to be located in front of the front line of the existing principal structure. Upon a site Inspection, the stakes for the garage appear to be located behind the front line of the house. This is caused by the angle of the house in relation to front lot line. Pertinent Ordinances A.Section 10.03, Subdivision 9 (D) - Location. Accessory structure located in front of front line of principal structure Street setback: Primary Structure Required ■ 50' Existing • 116* 6” Proposed accessory structure Proposed ■ 100* B.Section 10.03, Subdivision 15 (F) - Side yard setback required for accessory structures less than 750 s.f. Required > 10' Proposed « 52'+ Mo variance required. Zoning File #1673 August 14, 1991 Page 2 C.Section 10.03, Subdivision 9 (B) - Height restrictions. Accessory structure shall not exceed the height of the principal building nor shall it exceed a height of 30', In reviewing the spec sheet submitted by applicant, the height of the structure cannot be determined. Applicant should provide this information at meeting. It would appear from proposed sketches that structure will not exceed the height of the principal structure and that structure is to be constructed of the same material as principal structure (timberline shlngles/brick exterior). Applicant's Bardshlp Stateaent 2. Please review Exhibit B. 1. Rouse has been placed to extreme rear of lot. House has been placed at an angle to the front street setback line. To locate garage either behind the street setback line of the house or to the south end of the driveway would require the removal of dense foliage and a mature black walnut tree. Location of garage is shielded by mature vegetation. 3. 4. Additional Coanants August 30, 1991 and Planning Coaadsslon Reconendation The Planning Commission unanimously approved the variance application of the applicant as presented. The enclosed resolution has been drafted per the approval rec >mmendation of the Planning Conunission. Isv t I I V’ t U W ' A RBSOLOTIOH GRANTING A VARIANCB TO NDNICIPAL ZONING COr SBCTIOH 10.03, SUBDIVISION 9 (D) PILE flOTa NHBRBAS, Daniel J. Kluth (hereinafter "the applicant”) is the owner of the property located at 2801 Fox Street within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 3, Farview, Hennepin County, Minnesota (hereinafter "the property"); and WBBRBAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit a detached garage to be located in front of the front line of the principal structure located 100* from the street lot line where the existing principal structure is located 116* 6". HOW, THBRBPORB, BB IT RBSOLVBD by the City C^ ncll of Orono, MinnesotaI FINDINGS 1. 2. This application was reviewed as Zoning File #1673 The property is located in the LR-IA Lakeshore Residential Zoning District. 3.The Orono Planning Commissir i reviewed this application on August 19, 1991 and recommended approval of the proposed variance based upon the following findings: a. b. c. d. House has been placed to the extreme rear of the lot. House has been placed at an angle to the front street setback line. To locate garage either behind the front street setback line of the house or to the south end of the driveway would require the removal of dense foilage and a mature black walnut tree. The garage will be shielded by mature vegetation in the proposed location to both the west and south lot l^nes. Page 1 of 4 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent o* the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application Including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variance on the health, safety and welfare of the community. COHCLUSIOMS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants c* variance to Municipal Zoning Code Section 10.03, Subdivision S (D) to permit construction of a detached garage to be placed in fro/>t of the front line of the residence for the property located at 2601 Fox Street subject to the following conditions: r 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date CTouncil approval, or this variance will expire on that date (September 9, 1992). 2.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 <=hall be punishable as a misdemeanor. Page 2 of 4 r I k ¥ ^ ■ mr>r‘ ■t. 3. The 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of September, 1991. ATTESTS Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF NIMHESOTA ) ) as. COONTY OF HENHBPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1991, by Barbara A. Peterson 6 Dorothy M. Hallin, Mayor t City Clerk of the ity of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public b i;»* Page 3 of 4 jiiiM . .V j r:r L', h ■4vy iif r--. -..h:,Er.v'- ' K-'- ■ j/.'f/' j. E.m^ -i.- u i'' k\ i*--:^i.- Br ^v‘ ^ V.'' STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the personTs)describedinandwhoexecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) On this day of 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 ■ a w- . CZTY OF ORONO • VARIAiJCZ APPLICATION Lb O ft 5 9 0=^J Initial Application Feo $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) -r^ , After-the-Fact Fees (Double application -cc; ruc/v^^ Jr^ \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - - - - - - - - - - CITY CF or<m Fi'.vAvCf OFFICE :2Cj2C0000 01 OEM FftOPBRTY LOCATION Site Addreae ( cool ROl 70S. 07.^6/^ required aurvey. APFLZCAMT Phone (hom<n ) Neme __Jj—, Addreaa t ^ ^ FoiJc 5^._____ Phone fwork) '33d>~V^^3. Citvt (tPrani^: ^SZSL I (i£ different than applicant) Name _ _ _ _ _ Phone (home) Phone (wor)c) Address t City:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. 08B OP PROPSRTr Present zoning District Present uae of Property Residential Other (specify) IBST Eatimated Construction Cost S Lv- Describe request In detail:ffaci^Coi •shf^ K' gjiUAMCBB sagoxiUBD Lot Area ^ Lot Width Setbeok Varlanees ( ^ Front _ _ Hardcover Side _ _ _ Rear) Other ^rfilfefW!iSTrifca*'ri Tii i SlaVi'^fi 1l ill ^ssf*i/iHii'i W nMSSBIF. f Describe undue hardahi? cr practical enforcement of toning reculations:----^ BSCRiraOK OF UKUS d A l property CONDITIONS Dwcribe unusual proper-.y IQUXBBD S0BNZVTAL8 ' Pr™“y^“"""s within ISC' (you n>u.t. obt.in ' twS“m *rTa.nn,pin County D.p.ro..nt oi rintnoe .-603 Covt enter . Pl.t H.P <obfin»J with surv.yor) to includ. • .1 «^ired (provid. one (1) copy 8h”xU- for . 5«o«i^ir ’.urv.y (.*i.tin, .nd proposed elev.tionsl if any chenge, * toSSStlng 9r.d. «• proposed (provide one copy av xU )^ ru‘»rn!nr..r:ttrii:pir:tfi^st'^o^f ’• is^oot: CCTpl^te if tAe abp^ ifclon hea no^ been iacludedT ________________________________ PUCMT'B «W»^ provide ell inforaatior. required or E^Id 1. tru. Md correct to the best of his/her knowledge. pllewst's signature jl-Date ■3lC. ,'<??/ .Ckowled,.. «Vf^:%-Virnt“ E;St*S-S::JSfii.*“r.7 .“d council for purpose, of investiga- UM «n4 verification of this reqoeet. 0J?. _ Pate lio«lVlu.VbI7. .I'l s.illitt.1. ^'J‘^„“^“t“ng” atV he^Ton «12 aalag Concision L. pceseat «t .11 achedul^ cd Monday of each «;;*^:,.ygltwts eu^ Cwidl. If an applicant a. SlTT^nd**. achadulad ...tin,, /„l»Vo\”v\Vl“%'"“atnr lestaad agent attend in your piece end to adviae tne su g Lee of this chenge prior to the meeting. C.-. H- ^yI- r ■r-. ■v'J'; ^l''‘ t. i ,T.r:,-* ft l:i %: i-:-‘ #■ r::- ^^a•^:.ft- ft ^• ft/ ft fv i(-f . y 'ft'. •r ■-vl ’.*-•• ■■ [f:v ■Jft i!m ft/- jfet.- Friday, July 26, 1991 Re: Variance Request To City of Orono: Variance Request We are requesting a variance from the required street setback to build a detached, double-stall garage next to our house. The location we have chosen would place a portion of the garage closer to the road than the front of our house. Since this would violate the required street setback we are asking for this variance. Reasons for the Request We purchased our home at 2801 Fox Street in Orono on September 28, 1990 from the original owner/builder. As shown on the attached survey of our lot (see the attached certified survey dated July 12, 1991), our house is set about as far back on the lot as possible. The building setback on the back (south side) of our lot is 50 feet and the closest point of the back part of our house is 64.6 feet from the lot line. The house is also placed at an unusual angle to Fox Street making the closest point of the front of the house to the road to be 116.6 feet (see survey). If the proposed garage were to be placed behind the street setback line it would cause undue hardship. The proposed garage must be placed on the existing driveway in the southwest part of the lot. To place the proposed garage behind the street setback line would destroy much of the natural foliage that shields the back of our house from the adjacent lots (see the photographs of Figures 1-6). To place the garage at the south end of the driveway would require the removal of a large black walnut tree. The proposed location has the minimum impact on the natural vegetation. It would require the removal of some sumac brush and two small elm trees that appear to be dying. With the garage built at the proposed location, the garage will still remain at least 100 feet frc"' Fox Street. As can be seen from the attached photos (see Fig-^es X and 2), the summertime foliage around the garage location will shield most of the proposed garage from the road. The foliage along the road already shields most of our house and lot. Our plan is to preserve as much tree and foliage around the proposed garage as possible so that only the brick front is visible from the driveway. m i 4 . r . ■ ;fv % ■i ■v' «■ Iiy'-v^ 1 P- m ■' 'r IS '-v;.: ^ ■J. . ,K- •A :¥ '■ '’r-..: ‘.'r i.-’n vf?i ife" Concluslo# 16 *7 :ir The request for a variance for the required street setback is due to hardship is reasonable since the plan presented will cause a minimum impact on the existing trees and foliage. Undue j^^rdship would result to comply with the existing required street setback. Granting of this variance from the required street setback is respectfully requested. Very truly yours. Daniel J. Kluth 2801 Fox Street Orono, MN 55356 449-0959 Date H at. /<?qi LIST OF ATTAI »ITS 1. 2. Completed Application Form Certified Property Owner's List of Owner's Within 350 Feet (Provided by Hennepin County Department of Finance) 3.Plat map of the area. (Provided by Hennepin County Department of Finance) 4.Certificate of Survey. No hardcover calculations needed since the property is over 1000' feet from the lake. (Survey Dated July 12, 1991) 5.Photocopy of Topographic Survey. (Dated April 9, 1985) 6.Construction Plan (Blueprint plan number A91 7. 8. 06 07) (Omitted) Separate list of other persons to be notified. Photographs showing the existing layout of the property. (Figures 1-6) ^^0 u — »_w- . ■UN MTf 07/lfm MICH CM HCWCPIH COUNTY PROPCRTV INfOOHATTON SYSTEM PROPERTY OMCRS LIST TAMPAVEK MVC/AOOM 0«-I17>SS SI 000» OLA CRYSTAL SAY RO S PAUL N StROORCN A lOPf RIV PAUL N BCRSORRN SOS OLO CRYSTAL SAY RO UR« LARI fM SBSSA TANPAVfR TAM»AVtR NMC/AOMI TAMPAVIR trte' ffp;- : SO 0A-117-CS SI 0011 OtStO FOK ST LISTIR I THOMPSON CT AL LISTIR I THOMPSON tMO rax ST RT 1 SON sm LONS LARI Itl BBSSA 0A>S17-tS BA 0000 PARVtIN U J F RDT A L NOfMlTMiY-REMP JIROMi F KEMP tSOO FARVXOI U LONS LARf tM SSSBO SO 00«117-IS At OOOB 0I7A0 FON ST O I ORISSEL ITAL ORVXLU t DRfSSIL I7A0 FON ST NAYZATA m SSSOl SO 0A>I17-IS AS OOOt 0C70S FOK ST V 0 ROUK A L I ROIM I70S FOK ST NAYZATA Ml SSSOl IK fiSh-iriAfihi^N-ri 0008S8 M-117-2S SI OZnO FOX ST CHERRY C STUBBS CHERRY C STUBBS 2920 FOX ST LONB LAKE MN 55S56 000^SB D4-117-2S S4 02801 FOX ST D J KLIITH A D J KLUTH DANIEL J A DCrtU J RLOTH 2801 FOX ST LONO LAKE m 55S5A 000758 04*117-2S SA 02905 FOX ST NARK F EN6EBRETS0N ET AL HARK A CAROL ENGEBRETSON 2905 FOX ST LONO LAKE MN 55556 000658 04-117-25 42 02760 FOX ST MINNETONKA ALAND GROUP INC HimETONKA ALAND GROUP 2760 FOX ST NAYZATA m 55591 58 04-117-25 45 0014 02770 RAINEY RO RICHARD K NYSOCKl ETAL RICHARD A APRIL NYSOCKl 2770 RAINEY RO NAYZATA m 55591 REPORT NO. P1455401 PAGE 12 58 04-117-25 51 0010 00565 OLD CRYSTAL BAY RO t BRENT B A CYNTHIA A JOHNSON BRENT B A CYNTHIA A JOHNSON 565 OLO CRYSTAL BAY RO S LONG LAKE m 55556 58 04-117-25 54 0005 02820 FARVIEH LA T N HONARO ACS HONARD THOMAS N A CHERYL S HONARO 2820 FAIRVIEN LA LONG LAKE MN 55556 000458 04-117-25 42 02720 FOX ST G L ROLLER A C J ROLLER GARY L ROLLER 2720 FOX ST NAYZATA MN 55591 58 04-117-25 42 0025 00540 OLD CRYSTAL BAY RD S 6 FUNK A J ROGOSHESKE GEORGE FUMC/JUOY ROGOSHESKE 540 OLD CRYSTAL BAY RO S LONG LAKE m 55556 TOTAL BATCH m06 00014 0 MM wn 07/1V91 BATCH 004 ry > - 1 «.-:v:?© C I >- .1 f/•nt ..., HEMCPXN COUNTY POOPCBTV IHFORHATION SYSTEH PROPERTY <»*«RS LIST REPORT NO. P1455401 PAGE 15 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRt* REPRESENTATION 0F INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS Of THE HEMCPIN COUNTY DEPARTMENT OF PROPERTY TAXAnON. TO THE BEST OF HY KNONLEDGC AND BELIEF DATE i• •I ■J.iKxkjgagi WIOT 4(16) j - B \ 7-^3 ' n' / v'." ;t if.tj n 5 r <^ . 14 fiiT # f M) —-Tr*”f€e-»|Re--N9^-a4H 3 • 1% .Of n! ' 1 1 A 1 :>c> ^ r*»............. ^‘1...................................• 1 1 1 i 5; / A1 e ^ ‘OJ 1 1 1 1 1 1 1 1 t^«i?%ir4}iDP»r ......... • ^ asJ»» 1^“T" p. ^ (6) - jL(vk-0- in * in Wl ii CSV m 29 ft 1 ur i% M iftlin ‘^' s • •i I’ » . 'Ir- •• 5 I • i*! ,VH|v)/•*:-vi .'••« • .. *v.‘ * • ;.. V.i ••■V . ’ i I" iv;l ]'.■■■ •'.. V,,.''! ■• ' .«•■ r}' - W/. V- '• • / »4 • *«« o’*-.-.. ■“••-.•w. .4,,‘ • I* V ’ I ■ . • . » • • « : '#i-; •r • • • r- li j ^ . * « •* . o.-RJ. m * hiO.S4 l-v I I I hereby certify that this Is 1 true snd corrci:! represcrita- »lon of a survey of the bound- tries of L?t I , Plock 3, ^AftVIEU, and the location of !ll buildings. If any, thereon, ind the proposed location of I proposed building. It does not purport to show other iraprnvClients or encroachments. COfFIti & GlONeERG. INC. r« noef fn!^^W5Tl7755 !'>ordofi R. 'U)ffln f:eg. No. 6064 l.ngloeers a land Surveyors i.ofig lake, Minnesota O'. •- * - - , , WX- CERiiricAU or survey f OP JlUIf EACtf R IKIMI r. lOI I . BLOO J , r ARV I f W Ilf min’tti cooinv. Hcmf'.oi a hr . Datu« 4-9*65 I Irof marker Proiosed elevation Exi!ting elevation im.. z' W:. / * • m.^ X \J (.i t > m * " 1^ fSaTMafjSS U'iUS'i=s'—^. •lU Adjacent Property Owr.era' ^rer.t Pora iJ^a(^v % 'lAUC 18^________, (print r.ame(s,j ihti) .?•»w ^- :T. 1- « c t¥ L— -4 /V £ iprir.t address' , ^ _____s^-i • .Tcrcvor^er.*: cr prcpcs*?-'' have reviewed ••♦e ^, *a..s property located ?t ■ — Application Nc. I&11-* ^se cf the also referred tt iS Lite -se T ir^<' I (we. understand that in ;p*'oval ‘‘o^ tS:r4:U.i:nr/f:n"\^:d\\%t-;ie propos«d nei,»Oo.-.. P-o..ct 0- ure rey tlt’-^ Council approval. Jeno/MC f-------- XProperty Owner Date /??/ f- 7-?/ Date I (we) of [print nam«(8)][print address) Aav# reviewed the p^ans for property located at - Application Ho. t.he proposed improvenent or proposed use of the ^ a^so rcf^rrsc to 3s ae&nd Ls€ . . ^^ «*Kes acycnowl^cic^Ht^rit# I (w^) Ain I (V- '.r, ad yi*i'”or'didipnroval of th«' property or use (are) not *®/*t ??r^ha c “ty Council that I (wa) a« (are) •“»tt of but aerei. confis« p-ooosed neighbor's project or usethe laprov,.«ient plans and that the p.opo.e require! Council approval. Property Owner ate Property Owner Date If you have f/^V'/rVl^sfJu “il " o t.:^‘jri1 ”g°s 52«i ‘nJ:“fflc*r ^rieeat iraa'y. prior to the scheduled meeting date. .4 i.>l .-............ 4 •# V L Adjacent Property Owners' Acknowledgement Form (?r f al^.5_Fox^ ;pr»r.*: address , . - rcrcv e.'er.' cr rrcpc have reviewed t.-.e p * ,:s, referred t property located at ^ '—L£^—---- '— ■" Application No. IG'l'L.' use cf the t e s Land L's e j « a cknew 1 edeemers t, I (we) afi" I (we) uniSerstand that ’r^jovei oJ the proper-:y or u.e (.re) net es)ce<J t.e declare approval jlpVh'r- ' (we) ./(are) aware of butijerely « pr^p-.^tha iioprovainant plans and -nat <-ne ^ v ra^iras Council approval. **• a CLouJdrL — Property Owna Property Owner $-40d4 I (we)of [print newe(*)](print address) Aave reviewed the plans ror property located at — Application No. -he proposed imorovement or proposed use of the “"* P-®P°= referred to as Land Bs» I (W0) AXQ I (we) onderatend that in *’'“'“** * ’ * , -a -he property o. use (ere) not esJ:«! to dec 1 ere-epproval «/ i„ar. of but merely to ^“‘J*,f^^^e proDO«d neighbor's project or usethe iiaprovement plans and thaw taie prouo requires Council approval# Property Owner Date Property Owner Date If you have any Infonaatlon that may ***^** *1® h*e\u"ll«*n^.riVr^iraa^yi-^vr\u?=L=^ier:^^ d.te. t/ I t;- i'--. r* \y t-' ■t 4.•k'-. cf- I'. 'r: ■' W .' ,r>v »■ P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ Adjacent Froperty Oner*' Acknowledgeaent Pom 1 1 i^.Ci‘iCi.>^ N. ■C.-^<if X Vt t. 7 ( L^v^_n_^ [print r.ame(s)]print acdr . - r-s» -^'-nncsed iirorovement or prc have reviewed the ^cFS ' also referred property located at I ADOlication Mo. /(cIJl. SicaiiJJe 7}.Tl-h Property Owner Clx vm/ iCficc -;w Date property'/ Owner Date Z (we) [print name(a)l [print address] huve reviewed the plans for property located at - Application Ho the proposed improvement or proposed also referred to as Land use j ^ ^K*.. ■« r» •stecutino this aclcnowledgement» I (we) am I (we) understand that in ex ^i«aooroval of the property or use Ur.) net ..k«> “ Coonc*!^^^ I (w.) .» (are) •»«. of but «erely to “t!,? the'prooosed neighbor's project or usethe improvement plans and that the proper requxres council approval. Property Ownor Date Property Owner Date If you hmvo any “ut'conSlnM^ «“the*'Burralng » ;2«r„g*0«i«’ «”l.«Vt? Vy. prior to the scheduled meeting date. I- tjJ.C-m. -i • ^ R'-.* • A’ ?•f\■ ^">1^ •_ ^--.V «r-:.'">3| • • • - •» ^ ^ ^ - ' Vi . A*# » FIGURE 1: BEFORE />V» \ ^I ’) «i ‘ • v. >x. c^ #• * # /■^ -rfF^n \'! • . '^ * -'-A. r <*f '• V nrir . t^Kr* L_rir^v;pv a \ i . t* •*.0'*^'V*‘ . * . • ,1 -'rv' ■*" • * * V **^-^'* *^ « • »<*3 *4.'"^^» ^ . • • , V.' ^ *• '. ^ -* ^ -•r.X.. '• . . . *<H V- »*'.; •j . » ^ - >,%% ■ V ' ' . ■ •■. ,<• V.4V-'I ^#■' .> »■-.< ■ . •- '*•• a • ••*• ' ^'•v-A''»y*'; v-rW-r r^-.tA;..r:-.y.r--' .- . r-':..'’Sf f •■ '■•< ■••--•—^ FIGURE 2; AFTER f f*'L J * .■' V r .S A' sr,vc^ £<■= '.>t» ■ ••.•■ »v*. -V m-. FIGURE 3; BEFORE • -ri :|1 Vr r « #m i » <«'-'»ir/ •' ;a « 1^ r:yy 9|g^-t^ tu5> FIGURE 4: AFTER ^ 7 3s ^ *• • \ y :: i r/ - - • * * Z' " / -‘' - O ^•-.^r' . 1,^, V r V.- j i ^'^' v%^. ■ ^ fc. * ^ *•— t ^ ^ ' f fe'r *■ “ ■■ ■ •% • 4 »*• FIGURE 5: BEFORE CO CD .^V- - * Vr*"- k' . ' y- •• V> ' ■' ' r 7^ --. ' ' ' ■ . - T’V/r 7^ ^ ■ 1 4 FIGURE 6: AFTER f r r i;r i: T r I !'■ &■ rjV To?Mayer Petersen and Orono City Council John R. Gerhardsen, Acting City Administrator Cy) Froa: Date: rfWa&Michael P, Gaffron, Asst Planning & Zoning Adapini_ __ <2- ^September 3, 1991 % Subject: #1674 Thomas & Alice Stuck, 4365 North Shore Drive^^ "4^ % Variances •• Resolution Zoning District - LR-IB, single family lakeshore residential, 1-^ acre, sewered Description of Request - Applicants are proposing to construct a two-story addition plus decks, on the lakeshore side of the existing residence. Requires hardcover, side setback and lot coverage va'iances. List of Bzhlbits - A - Resolution B - Notice of Planning Commission Action 8/20/91 C - Memo 6 Exhibits of 8/7/91 Discussion - Please review the memo and exhibits of August 7, 1991. Briefly, the applicants have a long narrow lakeshore lot, and wish to construct an addition on the lakeside of the house in the 250-500' zone. The existing house is 6.5' from the side lot line where 10' is required. They propose to continue the 6.5' setback. Lot coverage is proposed to increase from 12.4% to 16.5%. There is no existing or proposed hardcover in the 0-75' or 75-250' zones. In the 250'500', existing is 66.2%, and the original proposal was for 68.4%. Planning Co—lssion Recoasiendati* At their August 19 meeting, the Planning Commission voted 6 to 0 to recommend approval of the side setback and lot coverage variances, and conditional approval of a hardcover variance subject to no increase above the existing 66.2%. Planning Commision felt that the narrow configuration of the lot and the distance of the proposed improvements from the lake justify the variance approval. Applicants would be required to slightly redesign their decks or driveways in order to meet the hardcover limitation, and staff would verify these changes befoie building permits would be issued. Staff RecoBBMndati* Staff recommends approval per the Planning Commission recommendation. A resolution is attached for Council revi< Isv I A RBSOLOTION GRAMTIMG VARIABCBS TO MDMICIPAL SOHING CODE SBCnOM 10.03, SUBDIVISION 14 (C), SBCTION 10.22, SUBDIVISION 2, AND SBCnON 10.24, SUBDIVISION 5 (B) PILE #1674 WBBRBAS, Thomas and Alice Stuck (hereinafter "the applicants") are the owners of the property located at 4365 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: The North 125 feet of the West half of Lot 6, and the East half of Lot 5, Block 18, "Saga Hill Revised, Hennepin County, Minnesota" (hereinafter "the property"); and f." NHBRBAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow lot coverage of 16.5% where lot coverage of no more than 15% is normally allowed, and a variance to Section 10.22, Subdivision 2, to allow hardcover in e'..v-}ss of the 30% normally allowed in the 250-500’ setback zone, and a variance to Section 10.24, Subdivision 5 (B) to allow construction of an addition tc the existing residence being 6.5’ from the side lot line where a 10* side setback is normally required. ■ON, THBRBPORB, BB IT RBSOLVBD by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoninj File #1674. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 19, 1991, and recommended conditional approval of the proposed variances based upon the following findings: Page 1 of 6 s> A. The proposed 6.5' setback continues the existing setback line of the house parallel with the side lot line. No neighboring str ^ures will be adversely affected by continuing this encroachment with a new addition. B. A variance to allow 16.5% lot coverage where 15% is normally allowed is justified due the narrow configuration of the lot and a lot area of only 0.38 acre in this 1.0 acre zoning district. C. The Planning Commission finds no justification for granting an increase in hardcover on the property, but finds that the distance from the lake of the proposed improvements helps to justify allowing the existing 66.2% hardcover percentage to continue. The narrow configuration of the lot and the relatively small lot size are hardships which justify granting of the proposed variances. The fact that there is no existing hardcover in the O'* 75* or 75-250' zones is further justification for allowing excess hardcover in the 250-500* zone. H K- 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 variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property tre peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would t. t adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighbcrj.. i- ,• roperty; would not merely serve as a convenisuce to t; er 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. Page 2 of 6 CORCLDSIONS, ORDER AMD CONDITIONS V.-,/ i-' "H.. •VI . Based upon the above findings, the Orono Ci y Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow lot coverage of 16.5% where only 15% lot coverage is normally allowed, and grants a variance to Section 10.22r Subdivision 2 to allow 66.2% hardcover in the 250- 500* lone where onl> 30% hardcover is normally allowed, and grants a variance to Section 10.24, Subdivision 5 (B) to allow an addition to be constructed with a side setback of 6.5* where a 10* side setback is normally required, subject to the following conditions: P" . 1. 2. Hardcover in the 250-500' zone is approved at a level of 66.2%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 5. This worksheet and diagram indicate a reduction in the size of proposed decks to yield 66.2% hardcover. Any revisions to the construction plan or site plans which vary from this diagram will joe subject to staff review and approval. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level and any proposed improveaents of this property that will result in additioiail hardcover must be approved by the City. Such approval SMiy result in a requirement for concurrent eouivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolut on must be removed prior to the footing inspection for new construction. Authorities granted by this resolution run with the property not with the applicant, but are permissi/e only and must be exercised by application for a building permit within one year of the date of Council approval# or this variance will expire on that date (September 9, 1992). Page 3 of 6 -i-r . 'i.: ( fb'r yi '•H; P‘ r |! r.(. P4. I ^v* 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 a\- ^rity granted herein, and shall be punishable ' ^demeanor. 4.The undersig. pplleant has read, understood and hereby agrees t che 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of September, 1991. ATTEST: Dorothy M, Ballin, City Clerk Barbara A, Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1991, by Barbara A. Pete'^son 6 Dorothy M. Hallin, Mayor a City C'?i:ic 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 9m.Po j * i' r ^V «iJt:v*v,| :t-' ;■% _ii bjS-.Y^ . . .;ir?l-^ £?;S’N N 55 » K ’;^v>'/ '✓ V>o I ' T t ^ - a Kj' Lj *'& »-ar-*i IJ #• • • • jpIMI fe«:%:- ■ :-r‘ HAfiDCOVfR CALCULATION HOWCSHEET Sr^B*CK ZONE: <CI»CL£ ONE) 0-75 ’ 75-250 /■zu'^c-gT^ iwtBTiwc H ardcover in Zone 250-500;^ 5CO-1000' [T] 5VP?. A. H ouse ^0. 3 S'A 22^ S - 7V/2 LENOTH MIOTH /^xycji ric^KJ X 22 C.J ■<X W . *^/3 2- fCr-CK 3Hefc>U. s X ^ -- 33.^ / '^ '\ f a i jT AsC’i »A ^7 , /z - /(^>e B. >jA9AGc Z « 76., V l.r 'xri^Tt r c. D riveway /3 IVlVC'^JA^t - /fC’Lt C^-^7 d . jIDENALX ti>, li . ‘^6. //X £T^>sr> /•r X • 3(o E. ’at 10/ D eck /^X //. /3 Z r .Lanoscarc !T X 7 - 3S" AREAS UNOCRLAIN BY 5"X /<L - bO RLASTIC SHEET 1NO y X 6»30 Ly X 2 V . /y/ R. Other X Total H ardcover IN Zone Total Prorerty Area IN Zone S.E. C' S.E. S.E. S . ^ . (J< s.r. (^/ s.r. (£, $.e.(T> s.». (»i' s.f. (m ' i.f. i.^.(£*) $.f.(2^ %.f.(xl> S.r. i.r. s.r. sm X 100 ■ (i’C' . ^ % . ^ .rf. - ^J^{ ■,„>, CITY OF OROKO P. 0. Box 66 ZONING PILE #1674 Crystal Bay, NN 55323 473-7357 NOTICE OP PLANNING Date of Notice ' COMMISSION ACTION 2G/91 TOi Thomas & Alice Stuck 4365 North Shore Drive Mound, MN 55364 COPIES TO: TYPE OF APPLICATION: Variance DATI OF MBBTIHGt 8/20/91 VOTE: 6 For 0 Against E- ;■ r r*'t I M r e-: m P ’ -V • ' t f |„ Flanning CoaMlsslon recoHBends the following: Approval subject to conditions noted below ■0TB8 AMD SPBCIAL GONDITIOHSi Approval as submitted subject to no increase in hardcover above existing 66.2% (per staff calculation) in 250-500' zone. 68.4% - 5668 s.f. 66.2% - 5485 s.f. 183 s.f. (This may be accomplished by reducing size of proposed decks or by other hardcover removals that you may wish to consider.) Applicant's next scheduled meeting is confirmed as City Council on Monday, September 9, 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and Approval by the Planning Commission. lev To: VSy I" §K Date: Planning Commission Chairman Kelly Planning Commission Members John R. Gerhardson, Acting City Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator August 7, 1991 r'- . Subject: #1674 Thomas & Alice Stuck, 4365 North Shore Drive - Variances - Public Hearing toning District - LR-IB, single family lakeshore residential, 1- acre, sewered Dsseription of Request - ■ Applicants are proposing to construct a two-story addition plus decks, on the lakeshore side of the existing residence. Requires hardcover, side setback and lot coverage variances. Pertinent Ordinances - A. Section 10.24, Subdivision 5 (B) - Side setback: Required “ 10' Proposed ■ 6.5* P. Section 10.22, Subdivision 2 - Hardcover, 250-500'; Allowed (including 75-250' credit) » 3,90? s.f. Proposed » 5,668 s.f. Net Excess Hardcover * 1,760 s.f. Hardcover Percentages; 0-75* « 0% existing and proposed 75-250' • 0% existing and proposed 250-500* - 66.2% existing, 68.4% proposed C. Section 10.03, Subdivision 14 (C) - Lot coverage; Existing “ 12.4% Proposed « 16.5% Applioanta* fttsf imt of Bardship/Dni?vjal Property Conditions - 1. The existing house and hardcover areas are already over t\e limit which the City allows. 2. The shape of our lot is long and narrow, with existing house close to the street. The land narrows to 32' in the 75-250' sone with sloping land and we are unable to build in that area. 3. The side of our house is 6' from one of the adjacent lota. 4. Neighboring houses on both adjacent lots are relatively near the lake, existing house is near the street. Existing hardcover and structures stake it difficult to build in any other location. ' r ^ ' • V fr I if.' Zoning File #1674 August 7, 1991 Page 2 of 3 List of Bxhlbits - A - Application B - Letter of Request C - Neighboring Property Owners Acknowledgements D - Plat Map E - Property Owners List F - Survey, 1"»50' G - Survey/Site Plan, 1"»20' H - Perspective View of Existing House and Addition I - First Floor Addition Plan J - Second Floor Addition Plan K - Staff Review of Hardcover Calculations L - Applicants' Hardcover Sketch M - Applicants' Hardcover Calculations Diacuaalon ** The existing house is 6.5' from che side lot line and an •xisting porch encroaches into the platted County Road 19 right- of-way. The lot is 65' wide at the road, and narrows to 32.5' wide for two-thirds of the lot depth. An single driveway serves this property and the adjacent property to the east. virtually all the hardcover on the property is concentrated in the 250-500’ zone. A 12*x26' first floor level deck and 6’x26' second floor deck are proposed to be attached to the 24*x26' addition, and will also be 6.5* from the side lot line. Pertinent Issues - 1.Reviewing the hardcover site plan, Exhibit M, is there any landscape-type hardcover that can be removed to reduce the 1,760 s.f. hardcover excess? 2.Is there any possibility that the proposed additions can be offset by 3.5' or more to eliminate the need for a side setback variance? 3.Does the lot size of 0.38 acre justify granting a lot coverage variance? 4.Are there sufficient hardships shovm to justify granting of the variances as requested? _y- - -1.1 I Zoning File #1674 August 1, 1991 Page 3 of 3 Options for Recoanendation - 1. Approval as submitted. 2. Partial approval, specify limitations, or table for review of revised plan. 3. Denial. 4. Other. Pass on to Council, CIT*/ OF ORONO - VARIANCE APPLICATION I f ? •; .* ^‘• Initial Application Fee S175.0C ’( ($50.00 per each additional variance' ^”T/ _' Renewal Variance Fee $10G.0C J g _ _ (no change from original application, ^ rv'lA^r ^mrrr After-the-Fact Fees 'Double application fae: 13502^)00^“^“*'''’ - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - rr^ PROPKRTY LOCATION Site Address ^3LS Tlc^^'tk ------DlRi------------------- -^^ 490 .w. pj^operty Identification Number (P.I.D.) Q~* // 7 ^.3—^j!—^ Attach legal description to application if not included on required survey. YCANT Phone (home) y 7^ ^^ ^ ----a. f Qhrt. S^tut.k________ Phone (work) ,7^g-Vfli ------ yiat-th s>ia<. Or: city: oRon°-------- omm (if different than applicant) Phone (honie)_- - - - - - - - - - Name __ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ '’•’°"e - - - - - - - - - - - ^ Address: ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City:^- --- - - - - - -Zip:- - - --— I * i Date Property Acquired • /9 90 _ _ _ _ _ _ _ _ _ _ (month/year) I I (do) no^ also own the adjacent parcels of land. PNI8BNT 08B OF PNOPEBTT , ^ , o Present Zoning District K" / Q - - - - - - - - - --- - Present Use of Property family hem*-- - - - K [: Other (specify) _____________________ i z“"nrr_-________—------------------------ tm mm mm mm mm ^ mm mm — — — — — — — — — — — — — — — — — DBSC3UVTX0H OF BBQ0B8T Estimated Construction Cost $ » tr • FI IV Describe request in detail_ _ _ _ _ ___ _ _ _ _ _. . —- - - - --- --- -- ^S' fe ■ _ _ _ _—— ... . . ..._ _ _ _ fMZMCIB UQUIBB) Lot Area _ _ _ Lot Width Hardcover viP Setback Variances (_ _ _ Front A^T... Side - - - Rear) Other - - - - - - - - - - - - - - - - - - - --- - - - - - - --- --- - - - - - --- - -I-. ---—ii---—am---—----— r' r' r HARDSHIPDescribe und.e hardship cr practical difficul-v rescltir.g frcr. strict enforcement of zoning regulations:^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning ICode Requirements: * c » « • 2. 3. 4. RBQOIRED SOBMITTALS 1, Completed Application Form Certified Property Owners List of owners within 150' lyou must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8i5"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8V"xll"). Sketches or plans of floor & elevation views (provide I copy 8h'*xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete__if—Uie—above :ion has not been included.iafo: AmiCAMT * S HICMATORE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay ’ditional fees ^staff time not covered by original fee payment) and/cr ^nsul'-nt rr-enses incurred in revi«*w of this application, --'d certifies u. in:.trmation supplied is true and correct to the bes'* -.if his/her jcnowledge. Applicant'a Signature Date __ _ _SIGBATUEE The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants agents# CoseU.ssion members, and Council members for pur^ses^^f iI^^^estlga- tion and verification tMs requejsj.^ ^ ' Date '2 /Owner's Signature j^)pXicant must have all submittals into the City offices 25 days before the Planning Cosmdssion Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants most be present at all schrioled nwiew meetings of the Planning CasBsission aad Council. If an applicant is unable to attend a scheduled meeting, pi ease make arrangements to have an authorised agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I r'\ PL c-/ 7\ X ^ f L tr-c Li^O-^^Xc^ -Ll-A jl cl<^x oLjqX c.CLCpUXu: •___^jLx/l-/Kji —C iv 'll. m 0 ____Qj)Aa^^ k^ria. oXl oLlcA U njL - .jT^''"yx^.'- a^PXutc^oc _ ------4- HjX^Ax^klp * . hcUj^MJ^ -0/?x JL P) iX,xMXfr-C Ou^a^><i^~d.<U^-ix£^XjiUx<X .. 0-0-^'^- L Ac .Ac^y^Pi ^ _ cu2Xfi*-cu'^ • -PJP.Kjl -S-AtyAL^ _ 0»-^ -jla. ^(yyx^ n.'t^A..Z7!l£L-AAiOC»,rr_^—Lc.*<-^rA uic-» _______ _________• :5^ Aic *m.^ju JLtf- 3 x^t -o^A a * r|(2i /*X / Atf. . j-(t<3L^ Ah~l\j htJ-CuUL^ yLd -^tJt J^.-TtTn^ .n-rULJ^JILAl—SLty^ juc.A^rrxA — CTuAiic^Ili^ ^rr. ^ixA:iAxL iXLJiXx. PiJUh^ tj.iw^4^-X^AaJu. VAl< flAl^jL<rrutUdrJ -tAuaX?^ <^XucZ‘-t-u.Q^ 'rr\aii it cL^ - -c-~ IqmXJ^ so%, dX^ ~ ‘Jri^ • A: - 1 ri*' r i: i r>I' Adjacent Property Owners' Acxncwledgeaent ?onn :tr7> _ _ o: [print name(si address V • rhf cla-s -he oroccsed irprcverer.t or proposec -se -..e have reviewed the pla..s \ ^ nj a's- -o as land Ise property located Pct^r...... ........................ Application No. -• , j ■; r. ovo^'i*-'■ ♦’a '-his achncw ledgement, I ^we) am ( ) ^not*aa)ced*”^d^eclare approval or disapproval of the property or use (are) th^ Citv Council that I iwe) am (are) aware of th: that the proposed neighbor's project or use requires Council approval. property Owner Prop^ (print name(s) ] of 4^ As (print address] 4 ^.4 nlana for the procosed improvement or proposed use of thehave reviewed the plans for tne prop referred to as Land Use pjpop^Twy located at y Dti.- Application No._ _ _.• I (w.) understand that in executing this *=''"°"^®^5®"®o"lVtVoruse (are) not asited to declare-approval a„ (are) aware of but merely to ’"!l®acSL croposed neighbor's project or usethe improvement plans and uT.at w.ne ct p requires Council approval. Property Owner Date If you have any infortaation that may assist the it X Vy' \ - .v'-/.A » k. I • V r' MM MTl t7/tl/M NC»tCPXN COUNTY PNOPfRTY INFORMATION SYSTIH PROKRTY QWCRS LIST REPORT NO. PIA55401 PAGE 12iAICti RM TMMVIR NAW/AMR SO Rt OOXR MIM NORTN SNOM fM 0 • H timON lOlWtAR • NARUNi STRELON ASM NO SNORE DR NN iSSM sa 07-I17-2S R2 00S4 ORSRO NORTH SHORE OR MARVIN E SEISOLD TOO M SEiaOLO RSRO NORTH SHORE OR MOUND m 55S6<* 38 07-117-23 R2 OOAO OR380 NORTH SHORE DR HILLIAM T SCHOENING HILLIAM T SCMOCNING <•380 NORTH SHORE DR MOUND MN 553AA flMCR NIM TAMMVtR 18 AS 0018 OAIAO NORTH SNORE PR R i NAMIN 8 R A HARDEN RtMT 0 MAROtN ASAO NORTH SHORE DR NN BSSAA 38 07-117-23 AS OOIA OASAS NORTH SNORE OR T E t A H STUCK THOMAS E t ALICE M STUCK A3«S NORTN SHORE OR MOUND m 5SS6A 38 07-117-23 AS u020 OASAS NORTH SHORE DR H R A L BENSON JOHN M BAUER A3A5 NORTH SHORE OR MOUND MN 5S36A CD TAMMVtR TOTAL PATCH OOA OOOOA rH 1 CfRTIFY mr THE FACTS ftfPRESCKTIO ARC AN ACCURATE AW TRUE REPRESEKTATION OF INFORHATIQN AS IT APPEARS THIS DATE ON THE RECORDS or THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAHATlONo TO THE REST OF NY RNONtEDGi AND RELIEF DATE i ^. 0 % i: ij ♦_ .*• O 'Q X SCiH^ / -SO » c j^i ^fi •, * e-A > - ITE i r \ mm C- s. 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D riveway SO fOi C$Rf^,uci C,i) CCr'5 M R u t -* _ X XlNffijn I r D. Sidewalk s. Si X fL<? D eck SWi^i F. Landscape AREAS underlain IVPLASTIC SHEETING y,2 G X ^/O Total Hardcover in Zone Total Property A rea in Zone - *.♦ I A y A. H ouse '. X LENGTH WIDTH /r^ ^ V —• X .• -Zj ^iirn j «. S/dLKill X .o [3£ii ^ ^ ^ » *-••' 3 .( ^ •3 . r . ,- ■ S.F, 3.1?" S.F. /5Q 3. r • • ^ • 2 f S.F. /aOC S.F. S.F. .S.F. S.F. ai - • ^S.F. i:l S.F. *5 -S.F. S.F. S.F. /yv S.F. ¥/0z:S.F. kwcA " A /T^9i S.F. S.F. BI ^ ■L'4 [T] X100 - % •: 'V'- ^ M«ik* « ^ .__J r < ?! '•r'K ? c ■ n 'V H. k^•^■ rt pr i:- h' (=! pl- HARDCOVER CALCDLATICN '.^CRXCHEr /n, ScT3Ac;< ZONE: (ciP.CLi :me) C-'5' A Ao/-^:i5t.c7 X! ^ / •fefWTiHQ H a 3dc 2ves :.'i Z:ne A. H ouse ... X -Z ' ♦ ■■'’1 *" • “ , *S 1 r . Ad 1/ r. cr LENGTH WIDTH .. X H.” >•S.F. ' K0C»A^ y S ^ * //X ‘'S'» V3a.S.F. Ro<J< i S^^td X ^ *3 . 33 ir S.F. v'f «■ •J£X - • y^/' ’ ✓' S.F.^ V ^ ^ ^ *A r 1 B. Garage X >3.^'JDj ' ■''* -2 '-!'» •r^-'S.F.• c. Driveway X -/X __ ■> t 3 — • "* Til S.F. f^lfJuS NttjJ Chg»<>^ w W nuL s.r • D.Sidewalk Z2 c; / S.F. 0^'ue.>. 'X •K /S.F. w»u/-diS?' O.AR.r>Ke/ ^ecC . »Ua.12^JdJ.S.F. 2H ^k.S.F. F.Landscape ANCAS UNDERLAIN BY PLASTIC SHEETING 35 S.F, /J.' I S.F. L S 3d S.F. V av /Ji^V' S.F. s. Other S.F. Total Hardcover in Z one 5579.9-/ »■>. , Ft' ' Total Property Area in Zone ssi%HH 353St.-^A s.r. m ~^/S3./f rri-55'79. Vy-r fa}^5 ??.. X 100 - / £.2S % ' 5 T r •'■ 1 ■ • - 4 « >■ f . * -t i ;/ i;/ ■>. ■t ^. fi %> To;Mayor Petersen and Orono City Counrii Acting City Administrator Gerhardson Proa; Date; Subject t % Michael P. Gaffron# Asst- Planning & Zoning Admirflfl^aTO^ '"v September 4, 1991 mo#1675 Nina W. Wildman, 560 Sussex Circle/3045 Sussex Road - Lot Line Rearrangement - Resolution Soiling District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Lot Line Rearrangement List of BxhibitS Exhibit A Exhibit B Exhibit C Exhibit D Resolution Notice of Planning Commission Action 0/20/91 Copy of Final Survey Memo & Exhibits of 8/13/91 Discussion Please review the memo and exhibits of August 13th. Briefly# applicant proposes a lot line rearrangement between 2 parcels within the Fox Bend subdivision, one of which contains an xisting house# and both of which are owned by Mrs. wildman. Planning CoMission RecoasMiidation At their August 19th meeting. Planning Commission voted 6 to 0 to rec<»PRmend approval. Staff Race lation Staff recommends approval per the attached resolution. lav A RBSOLDTION APPROVING A METES AND BOUNDS SUBDIVISION OP A LOT LINE REARKANGEMENT FOR NINA NILDKAN PILE ?10. 1675 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 (hereinafter "City Council") has adopted subdivision regulations for the orderly aconomic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of the lot line rearrangement by Nina Wildman (hereinafter "the subdivider") of properties located at 560 Sussex Circle and 3045 Sussex Road within the City of Orono (hereinafter "the City") and legally described as follows: Lots 3 and 6, Block 2, Fox Bend, Hennepin County, Minnesota (hereinafter "the property"), and WBFkEAS, the subdivider has completed all requirements of the City for metes and bounds subdivision for division and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Concil of the City of Orono hereby approves the metes and bounds subdivision of a lot line rearrangement for Nina wildman as shown on the Certificate of Survey by Mark S. Gronberg dated July 23, 1991, revised August 26, 1991 and at< ;.ched to this resolution, subject to the following conditions: 1.Upon approval of this subdivision by the City Council of Orono, the subdivider shall legally combine for tax purposes P&rcels B and C as described in the above noted survey. 2.Tte aforesaid division as shown on the attached Certificate of Survey shall be filed by the City of Orono with the Hennepin County Recorder's office on or before March 9, 1992 together with a certified original copy of this resolution. Page 1 of 2 K' ;■ I. r **/. The approval granted by this Resolution shall expire if the division 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. Adopted by the City Council of Orono, Minnesota, this 9th day of September, 1991. ATTEST t Dorothy M. Rallin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) )88. COUNTY OF HENNEPIN ) The foregoing in8trument was acknowledged before me on this 9th day of September, 1991, by Barbara A. Peterson s> Dorothy M. Hallin, Mayor t City Clerk of the City of Orono, a Minnesota municipal corporation and said Instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OP ORONO P. O. Box 66 Crystal B»- mn 473-7357 S5323 ZONING PILE #1675 NOTICE OP PLANNING COMMISSION ACTION Date of Notice; ^ 20/91 T«i Nil. an 745 S\, hill Road Wayzacav MN 55391 COPIES TO: TYPB OF APPLICATION: Subdivision DATE OP HBBTIBG: 8/19/91 VOTE: 6 For 0 Against Plsnni.n9 CosBlsaion recoaaends the following: Approval as submitted BOTBS AMD SPECIAL CONDITIONS: Your subdivision for a lot line rearrangement will be presented for final approval by the City Council upon receipt cf the following: 1. Provide a Certificate of Survey per the survey by Coffin & Gronberg, Inc. dated July 2 3, 199 1. Cn the drawing, label and provide legal descriptions for each of Parcels A, B, and C as sho%#n on the attached sketch. 2. Signature lines must be signed by all parties with interest in the property. 3. Two copies of survey 1" - 200' for City records. 4. The property o»#ners must complete combination forms at the City offices upon final approval of the subdivision. (Parcel C to be coiBbined with Parcel B). ALL final submittals must be submitted to this office 10 days before the meeting at which Council will grant final subdivision approval. The Council meets on the 2nd and 4th Mondays of the month. Regular meetings arc rescheduled if they conflict with a national holiday. jf you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review an approval by the Planning Commission. Isv I ^ • JU j , * 4 M w -. »• 'j 0 !) JI * ) < ^ A •< £ *) I # ! . f ‘* ( 4 f . S . : t » II j" • ; ’ ' I H . ••( U’. 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JI^CI ^ roj UNO *»’opo»tq L#94 3ttcripitowt \ *t«t P«rt of 10( I. |I0C« 2.fOt ICNO. •nun li«i o* i :|n» «no itt tstNA«iO#f«. lOiN l|n« Poinf UrsmM from tAf •0»t vftltrl/ cornor of Lei P |«i4 liocfe 2. lo •« peiAl I M l Oiil ) I n# of tAtd Lot } told onglN point Doin^ m# noint '00 00 'ool of mt noti t4it#r|» I I AN Qf 14 Ml lot J 01 » litKt 2 fOi I(nO of , i lioc* 2 fQi IfNO •nicB liti tositrlir of I 'in# <«n trjm IN* ooit •etltrj, coffior of tot §. |oiO lOf* 2 CO 4A *n^ f point in mr i i n« of %«id tet ) I J »noi» uoini »Mo oO'n; 00.0'l *ttl vttiorif of I •«# •*# a f 14 ' -1 r; ) . -r . '»• = ^ J nn rTn'‘ jT qr»5H. E mmm CT Mramoi »0 ^ 4. 4 4# r“' V 1 ■! M\ \ ( .KONHI lU., I\C 11 OWntfl ^ V t ■ • «Mr N, . .•ik . i;r t S- |3' h To I Planning Conunission Chairman Kelley Orono Planning Commissicn Members Acting City Administrator Gerhardson Proa: Data: Subject: Michael P. Gaffron, Asst Planning & Zoning Administrator August 13, 1991 ♦1675 Nina W. Wildman, 560 Sussex Circle/3045 Sussex Road - Lot Line Rearrangement - Public Hearing Soiling District - RR-IB, Single family rural residential, 2 acie, unsewered Application - Lot Line Rearrangement U.st of Bxbibits Exhibit A Exhibit B Exhibit C Exhibit D Application Plat Map Property Owners List Survey/Site Plan Pertinent Facts 1.Applicant is proposing a lot line rearrangement between Lots 3 and 6, Block 2, Fox Bend. Lot 6, 3045 Sussex Road, has an existing residence. Lot 3 is vacant. 2.The intent of the lot line rearrangement is to place the entire area of the wetland located in Lot 3, into the currently developed lot. 3.Acreages before and after this lot line rearrangement are as follows: Lot 3 Lot 6 Before:Dry 3.59 Ac.2.05 Ac. Wet .37 Ac..22 Ac. Total 3.96 Ac.2.27 Ac. After:Dry 3.18 Ac.2.46 Ac. Wet .26 Ac..33 Ac. Total Tm Ac.Ac. 4.The proposed subdivision does not significantly affect the useable building envelope for either lot, and has no impact on drainfleld sites. f I Zoning File #1675 August 13, 1991 Page 2 Discussion The proposed subdivision leaves substantial area in Lot 3 for development of a residence structure without forcing encroachment of the drainfield sites. Lot 6 gains area around the pond, making that lot slightly larger and perhaps more attractive to a buyer. In reviewing the location of existing drainage and utility easements, there may be no specific need to vacate the easement along the pre-existing south line of Lot 6, and it could be ai^gued that that easement should stay in place to allow drainage from Lots 3, 4 and 5 to rea ?h the wetland. The dry buildable acreage in that existing easement totals approximately .02 acre, not of consequence. Staff would recommend that a drainage and utility easement be granted by the applicant on either side of the new lot line, legal description to be provided by applicant's sui^veyor. Legal descriptions and labeling of the survey tracts IS Parcels A, B, and C wi 11 have to be done by the surveyor per our standard format. Staff Rerr—snilstion Staff recommends approval as proposed, subject to granting a new drainage and utility easement 5' either side of the new lot line. Isv CITf OF ORONO - SUBDIVISION APPLICATION m m *• PROPERTY LOCATION di-lr '♦K 'T:- -7 Site Address 0^'»L-' S c.-< c"y^c-/' // W I 1 y ' ^'« j c**^" <t- r' ri^ / Property Identification Number (P.I.D.) abscract or y Please check one - Property torrer.s? Attach legal description to application. (••-TV r-c ■‘r.r-nn C .A * < W.*l ?\r<i^SC f r ".'j ’ V II T ncc^rc k. i^r I c k. 1 fc/ w 4- W V' V V ill » _ A i/i.'‘•‘A/iwa------rr»c. APPLICANT Name /y/>&/>» £l/ uy/i z’/^v/y Address: ///i >. Phone {home )______^reiuM.yqu mviso cool r<o^ ___ Phone (work) ' >P i^y S’SJ'?/ V' A I A */ • 07/26y City; ^L'MrZyrr/i Zip: OWNER (if different than applicant)Phone (home) Name f Phone (work) Address:Cit r-Zip : (attach I'ot if more than one) tf. :t.. r ^ '.-y 1-; r ra EXISTING LAND USB Number of Tax Parcels Development Size 5*. 6 7 Acres Dry Land O • a*W_ Acres Wet Land Acres Total, all parcels Present f^se (check)Residential; no. of units Other (specify)___________ Present Zoni mm w •• mm mm mm mm mm ^m ^m mm PROPOSAL _________ ^ .Strict /S X Division for Tax Purposes Lot Line Rearram, *ment Only (no new building sites) « » Subdivision for New Building Sites Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Units per ^ Acres JT7. /2 O Sq Feet Dry Buildable Land Residential Other (specify) V . 4 MINIMUM MATERIAL NECESSARY FCR COMPLETE PRELIMINARY APPLICATION 1. Cc’mpleted Application rom Preliminary Plat information on Caroif-cate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Oepartment of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official’s Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date 1. 2. 3. 4. 5. Payment of fees (park fees, filing fee, sewer and water assessments). Signed certificate of suim/ey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature _______________________________ Date_________________ PEES Sketch Plan Review (Class I, II s III)S150.00 .A'Subdivision of a Lot Line Rearrange.ment 250.00 Preliminary Review (Class I & II Subdivisicn)250.00 Preliminary Review (Class III and all non-residential)300.OC + 20.00/Lot Pinal Plat Review (Class III)150.00* *(Plus any legal or engineering charges) The applicant hereby agrees to provide all information required or requested bv the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. , Applicant's Signature /V v " ( Date "ihc. /»•/ / Owner's Signature Date 7/^ !c /f / Applicant must have all submittals into he City offices .25 days, before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants muse be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building t Zoning Office of this change prior to the meeting. "1 • • ^ . 1 w j s • r ' m .'to ~' - i IIUN OATf 07/t^/n ftATCN 001 ftO^ AOOfI QHNm HAHi TAXPAYER NAfC/ADM SO 00-117-2S SI OOlS 00400 SUSSEX lA N N A 0 C HILDHAN NINA N i DONAIO C HIIDHAH 70S SPAIN? HILl 00 ORQNO m SSSfl mfHtPlH COUNTY POOPCOTY INfOONATlON SYSTEM PROPERTY OmERS LIST 58 04-117-25 51 0014 02990 SUSSEX RO N H A D C HllDMAN NINA H t DONALD C HllOMAN 745 SPRING HILL RD ORONO m 55591 REPORT NO. P1455401 PAGE 1 58 04-117-25 51 0015 02980 SUSSEX RO N H I D C HILDHAN NINA N A DOTTAIO C HILDHAN 745 SPRING HILL RO ORONO MN 55591 PROP AfNM OI«€R NAME TAXPAYER NANE/AOOR PROP ADDR ONTCR NAME TAXPAYER NAKE/ADOR 5S 04-117-25 52 0002 05040 FOX ST J CNAONICR A R L CHAOHICK JOSEPH A RAREN CHAOHICR 5040 POX ST LQNB LARS EM 55554 SO 04-117-25 52 0009 05120 SUSSEX RO N N A D C HILDHAN NINA N A DONALD C HILDHAN 745 SPRING HILL RD ORONO MN 55591 58 04-117-25 52 0007 05190 SUSSEX RO N H A 0 C HILDHAN NINA H A DOI4ALD C HILDHAN 745 sprite; hill RD ORONO HIT 55591 58 04-117-25 52 0010 05050 SUSSEX RD N N A 0 C HILDHAN NINA H I DOrULD C HILDHAN 745 SPRING HILl RO ORONO HT4 55X91 58 04-117-25 52 0006 05160 SUSSEX RO N H A 0 C HILDHAN NINA H A OOI4ALO C HILDHAN 745 SPRING HILL RO ORONO MT4 55591 58 04-117-25 52 0011 00455 SUSSEX LA N H A 0 C HILDHAN T4INA H A DONALD C HILDHAN 745 SPRING HILL RO ORONO M4 55591 4b<ni^ > I? PROP AOOR QHNiR NAME TAXPAYER NANE/AOOR PROP AE .R QNNER NAME TAXPAYER NAME/ADOR 1. OMCR NAME TAXPAYER NiME/ADM Si 04-117-2S S2 0012 0S17S SUSSEX RO N N i 0 C HILDHAN NINA N A DONALD C HILDHAN 745 SPRING MILL RO ORONO MN 55S91 ID 04-117-2S S2 0015 DSlli SUSSEX RO N N I 0 C NXLDHAN NINA N I DONALD C NXLDHAN 745 SPRXND RILL RO ORONO Ml B5S91 ID 04-117-tS S2 0018 OSill SUSSEX RO H N A 0 € HILDHAN NINA N A OQNALO C MILOHAH 745 SPRING MILL RO ORONO Ml MS91 e ONNIR NANI TAXPAYER l/i IR 04-117-n SS 0010 •S17S FOX ST DAVID A NAASS DAVID A NAASS P O RON 192 LQNO LARE Ml B5S54 58 04-117-25 52 0015 00S7S SUSSEX CIR N H A D C HILDHAN GERALD R A MARY JO ARNESON 180 SPUR CIR HEOINA HN 55591 58 04-117-25 52 0014 05077 SUSSEX RO N H A 0 C HILDHAN JEFFREY S A KAREN HETHERELL 11945 ORCHARD AVE H MIMCTQNKA Ml 55545 58 04-117-25 55 0005 05099 FARVIEH LA A E HENNXNGSEN JR ET AL ARTHUR E HENNXNGSEN JR 5099 FARVIEH LA LONG LAKE MN 55554 58 04-117-25 52 0014 00560 SUSSEX CIR N M A D C HILOMAN NINA H A DONALD C HILDHAN 745 SPRING HILL RD OROflO M4 55591 58 04-117-25 52 0017 05045 SUSSEX RD N H A D C HILDHAN NITU H A DONALD r NILDHAN 745 SPRING HILL RO ORONO MN 55591 56 04-117-25 55 0004 05091 FARVIEH LA J A S DUOZIAK JOSEPH DUOZIAK 5091 FARVIEH LANE LOIA; lake mi SB554 01 > S8 04-U7-ZS IS 0011 0S125 FOM ST A G CARLSTM > S J CARLSON AL(N CARLSON A SUSAN CARLSON S17S FOX ST LONG LAKf (tl 55S5A 58 OA-117-25 55 0012 00058 ADDRESS UNASSIGNCO A 6 CARLSON A S J CARLSON ALAN CARLSON A SUSAN CARLSON 5175 FOX ST LONG LAKf W4 SS55A J I; flDMAYlR TfITAI RATTH « « w •\ I I V ,7 Vp^v-'J/ \: il u|/i; Dr \ I /, / X' \ [k^VA]\ \ \ \ / / \ \ y \ j ) ^s, \ \ / y i»f /o ' » / I / / / z' / /' \ *.» \\ V \' \\\ r'/ \ N. N / Z / /// \ \ \ // L/\ \ \ ^-rr****^'.**^ # % A/orm»h »^/.# • *r» o » 0m rmn/ t*n. 7« •iO ’ SemAciC LA*^ ^jk r'^iJo setA Lot L^aj^: f" r C/,o TO: FROM: Mayor Peterson finJ Jjonoil John R. Gerhardson, Acting Administrat>r N t ,, • .< <(j DATE:Se'-t'>i\Der 4, 1991 SUBJECT: Park Commission Applications Attached are three resumes or letters of intent from Orono residents wishing to serve on the Park Commission. A vacancy exists due to the recent resignation of James Giloert. It is recommended that the interviews of the three applicants be set for September 23, 1991 at 7:00 p.M. PROPOSED MOTION - Moved by seconded by to conduct interviews of the three Park Commission applicants on September 23, 1991 at 7:00 P.M. Ayes , Nays t I August 23, 1991 Orono City Council City oi Orono P.O. Box 66 Crystal Bay, MN 55323 ? e ^901 Dear Council members. I wish to apply for a position on the Orono Park Commission. There are a variety of items the commission is about to be co..cerned with that interests me. As you already know. I currently serve the city as your representative on the Lake Minnetonka Cable Commission. Please contact me by mail or phone for an interview for this position Tim Pattri.n Timothy J. Pattrin 1360 Railroad Avenue P.O. Box 51 Crystal Bay, Minnesota 55323 Home: (612) 475-1921 Work: (612)476-3099 MARITAL STATUS: Married to Sarxiy Pattrin, I riave two children Tim (9) and Mitchell (7) I have lived m Orono since 1987 at 1380 Railroad Avenue. EDUCATION: St. Cloud Stale University MaK>r: Mass Communications St. Cloud Apollo Graduated 1975 SKILLS: I have mastered aN aspects of industrial television production With my seventeen years of working in cable, I have a dear unck'^anding of cable television franchising and what it can do for a community I also have an good background In advertising, profTX>tk>n. and public relations. 5 years of 'ON*AIR“ radio experience, 1973*1970, with WJON radio in St Ctcud AWARDS: 1991 Mkmesota Community Television Award of the Year NFLCP Educational Program of the Year Award 1968 NFLCP Educational Program of the Year Award 1987 WORK EXPERIENCE: August 196S to present VIDEO COORDIKATOR Oistrid 284 Wayzata Public Schools .^ESPONSIBIUTIES: Wrtte and produce a variety of video matenals for administration and classroom use ti j i events in District 284, exdming some sporting events. Oversees equipment purchases and cunstnjc ion of seven television studto'S and two-way interactive ctassrooms. Supports television prodiction instruoion in ail grade levels. Transmil al programming into three different cablesystem, reaching over 120.OCX' homes, from our nWn facMy. Since 1985,1 have been responst>le tor the creation of over a thousand p'ograms on our charmei. Nego^e contract writh sateiWe networks for carry on our char tel FREELANCE PRODUCER RESPONSIBILniES: Produced 2S-:30 second television spots during the past five years for the Bartley-Lindsay Company, also produoid a mean minute deaiw recrui»‘% - o m 1987 Provided AAA World Travel all production sar'4ces from 1988-1990. Former mstruotur io* Triax Communications tor aH access tacililies outside the Tw«i CUM. h ^7 hi R r r- December 1982-August 1985 EDUCATION DIRECTOR Storer Cable Communications Northwest RESPONSIBIUTIES: Liaison between one hundred schools and the cable company in the Northwest Suburban franchise Headed a five member education staff dedicated in producing education video material for classroom use. train students/staff In production, and provided any other serviced requested by educators. Produced local footbaN show that featured Viking/Gopher highlights, interviews, player guests commentary, and predictions. Managed six education cable channels on one of Minnesota's largest cablesystems. Augustl980 to December 1982 PRCX3RAM DIRECTOR Storer Cable Communications. St. Cloud. Minnesota 56301 RESPONSIBIUTIES: Purchase equipment and develop a public access/local origination studio Oversee production personnel and kitema. produce and televise local programming arxt local news m the tour city area. Served as company laison between the various city halls, police departments, churches, and schools. Repaired various production equipment COMMITTEES SERVED: 1991 to present: Cable Commissioner-Lake Minnetonka Cable Commission. Representing the City of Oono 196910 present: Metro Sports Cable Programming Committee 1966*1969: Lake Minnetonka Area Education Cooperative 1981*1963: Board of Directors of Tri-County Crime Stoppers 1981-1983: Advertising Chair of St.Cloud Wheels. Wings, and Water Festival REFERENCES: Qary Nunn Oiftrid 284 Wayzata Public Schools Audiovisual Office 12000 RidOtmount Avenue Plymouth. Minnesota 55441 Mika Johnson Operations Manager Northwest Community Television Corporation 6901 Winnetka Avenue North Brooklyn Park. Minnesota 55428 Jim Jancik Advertising Manager Mammoth 13120-B County Road 6 Plymouth. Minnesota 55447 iiMsia , ,*j 7"^/ f ^ J AUG 2 7 1991 12 7 5 Lyroar. Avenue Wayzata, Mn 55391 Orono Council PO Box 66 Crystal Bay, MN 55323 ft t I- Daar Council Members: Please accept my application for a position on the Orono Park Commission* I am a viable candidate for the following four reasons: 1) Mv genuine interest in the community of Orono: Having chosen to live and having enjoyed this community for the past three years, I appreciate the concern my fellow residents have shown in working to preserve the unique characteristics of Orono. This concern for the community, demonstrated by the hard work and commitment of its many individuals, is something I would like to emulate. 2) My background in recreational activities: I have been involved in recreational sports all of my life and CQD^inue to do so. I recognize how valuable it is to have the opportunities to be able to participate in sports at any age and therefore how imporcant it is for a community to be able to provide recreational opportunities for its citizens. 3) Mv iiitereat in conservation: For the pa: t twenty years I have pursued my hobby of ornithology. A direct result of my study of birds has been an appreciation and general interest in our natural environment. Orono is fortunate to have much of its rural habitat intact. The park system should continue to complement this unique characteristic. Through education and exposure to the natural environment, I an hopeful that future generations will be able to understand and appreciate nature's delicate balance in their own community. u if; r- IL Ip- • : . ability to weigh issues objectively: The challenge of serving one's community is doing the best for the greatest amount of people while adeguately assessing the outcome of those you cannot successfully accommodate. It is the ability to rationally work out solutions through objective listening of all points of view involved. It is this act of carefully understanding and weighing all the issues that I would strive to achieve. Enclosed is ny resume. I thank you for your consideration. Truly yours, Lili Tod McMillan i I u % •• gimartgnce; 1981-1986 Education; Intarests; LiJi Tod McMillan 1275 Lyman Avenue Hayzata, MN 55391 612-476-8626 Married and mother of two small children. Born 11 December 1958. Youngstown, Ohio. Moved to Minnesota 1987. Commercial photographer - Toledo, Ohio. Work included portrait, public relations, corporate and ndustrial assignments. Selected participant in the prestigious Ansel Adams Workshop, Carmel, CA. Solo exhibit at the Youngstown Playhouse. Founding member and secretary of The Toledo Friends of Photography. Brown University - Providence, RI. A.B. degree in Organizational Behavior and Management, June 1981. Member of varsity squash team which finished fifth in the country, 1979. Choate - Rosemary Hall - Wallingford, CT. Graduated Cum Laude, May 1977. Awarded Distinction in Photography. Captain of varsity squash and tennis teams. Ornithology: Member, Minnesota Ornithologists Union and The Bell Museum of Natural History. Sports: golf, tennis, squash and skeet. j Received academic credit studying parts of Europe, Southwestern Asia and Africa, including a four-day climb to the summit of Mt. Kilimanjaro. • • » August 27,1991 Dear Orono Staff and Council, AUG 29 1991 I would like to submit my name in nomination for the Park Commission opening. I feel this is a very important community iob that has CTeat potential tc positively impact Orono for years to come. I woula appreciate the opportunity to be a member of such a committee. _____^ trails, upgraded play equipment and future planning for Parks are but a few of my current areas of interest. I believe the Park Commission needs to continue its important job of being proactive in ita planning process as it assists the Council wd community in maintaining and open spaces and park development. This is of utmost imporU*nrA with t Ha impanding push LOT development of Orono with the completion of 394. I feel I would bring to the Park Commission: attention to detail while keeping the hig gnr picture in mind, stick*to*it*ness and a *can do” attitude with a personal litment to plan for tl^ fbture, and energy to work for the good of the lunity. ) I 111 111 s I I Please consider me for this Park Commission opening. Sincerely, Sherokee Ilse 3630 EUeen St Orono, MN 65359 476*1303 Lake Minnetonka Cable Communications Conyrififfion __ ....................................................... ................ ..................... t < 443 0AK STREET • EXCElSiQP 'JI'.NESC;531 ‘ • -’3 -i;j 55^^ ^ ^ ■ ‘'-/x Auauat c*3, i % Jonn 'jernar-ason City ot urono Box 66 Crystal Bay, MN % S S ' ^TSOG 2 7 1991 Dear John: I, At the August 20 meeting of the full '.'ommi^sion, the iOO.: budget Planning Committee presented its proposal to the '.ommission direc* tors. To summarize the committee's remaixs on the drafting of this budget, it noted the following: 1. Franchise fees approximately 5t acove lOb'i vtees are received from the caole operator prior to the eno ot ttie first quarter of each year^; A review of salaries for all staff positions 'tne administrator has been directea to survey other facilities and commissions for staff joD descriptions and salaries); A general increase in e:<penses of 5?; The geletion of tne operating budget line item for offj.ce equipment f ind was estatiisned last year to pian for office equipment needs); The addition of a new line item for equipment reoair and maintenance (for the office computer, copy machine and commission-owned video equipment); Additional increases in office space costs 'space may not be avaiiaole in the ECC after the ’9z school year • ; o 4 With a quorum present, the Commission voted unanimously to acopt tne attached budget for 1992 and now seexs your city’s approval. (3'jr Joint Powers Agreement calls for this budget to be presented to the member cities fifteen (16) days after adoption for review ana ap proval. The budget shall be effective only if approved by a majority of our members within thirty (3u) days after receiving it. (Jtticiai notification of a resolution to approve or reject is requested by the Commission. If you or members of your city council have questions regarding the attached proposed budget that cannot be answered by your city's Commission representatives, please call me. dministrator enc: 1 i'tj' ■ - I; LMCCC 1992 BUDGET PROPOSAL IMCOHE Franchis* Fees Interest Carryover Other TOTALS OPniTlilG EXPENSES Adainiatretor Aeeeee Staff Secretarial Services Payroll Taxes Eaployee Mileage Health Insurance Legal Fees Insurance/Bonds LMCCC Audit Conference Schools Office Supplies Neabershlp Dues Telephone Postage Hlscellaneous Advertlslng/Proso Office Equlpaent Office Space Igp Maintenance/Repair TOTALS IPICIAL FVHPS Technical Audit Finanaclal Audlt-Trlax Studio Equlpaent Legal Fund Office Equlpaent Access Equlpaent Access Oevelopaent Contingency TOTALS BUDGET TOTAL 1991 MID-YEAR PROPOSED 1992 BUDGET FIGURES BUDGET 97173.01 97173.81 102040.00 3000.00 3770.13 5000.00 19662.23 19662.23 0.00 0.00 0.00 SSSSSSSSSSS=-S rrssrrsrrrsssr 119836.04 120606.17 107040.00 30000.00 15000.00 35000.00 25000.00 11038.74 20200.00 500.00 257.50 550.50 7200.00 3114.13 7560,00 950.00 422.37 997.50 2880.00 1363.39 3024.00 2000.00 268.50 2000.00 4350.00 4059.00 4300.00 1250.00 750.00 950.00 6000.00 3474.80 6300.00 2000.00 909.68 2100.00 1300.00 317.50 1000.00 1600.00 079.29 1750.00 800.00 601.82 1200.00 450.00 230.99 450.00 750.00 488.29 750.00 1000.00 744.39 N/A 4800.00 2830.00 7500.00 0.00 0.00 1000.00 .*8ssas3ssaaxsm SSSSSSSSS8SS3S 92830.00 46750.39 104640.00 1000.00 1000.00 500.00 1000.00 1000.00 500.00 500.00 500.00 100.00 lOOC 0 1000.00 100.00 1000.00 1000.00 1000.00 3000.00 3000.00 100.00 15000.00 15000.00 lUO.OO 4S06.04 4506.04 0.00 ss:s3ssassss3s sssssssasms:. ss 27006.04 27006.04 2400.00 119836.04 73764.43 107040.00 92 BUDGET PROPOSAL f- ■r I-¥.fe r ■;... ,y: t, !■ f k I w- fc. 'v Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR MINNESOTA <-,5331 • i612» 474 5539 i I ’ U — Auguat 26, 1^91 AUG 2 7 Mr. Paul Nazarow, Re«jionai Manager Trlax Cablevisxon 1504 2nd Street SE, Box 110 Waseca, MN 56093 Dear Paul: On April 16, 1991, Triax was notified of official action by the Coeelssion regarding the implementation of a noncable-related 00X>vice charge assessed subscribers in the Lake Minnetonka £f0fichise area. This notification was responded to by Mr. Timothy J. O'Rouke of Dow, Lohnes and Albertson. Mr. O'Rouke's letter requested the Commission to withdraw the letter of April 16. All correspondence regarding this issue has been forwarded to the Commission directors for review. On August 20, the Commission met for its regular meeting, and after reviewing the opinion received from its legal counsel (attached) on the noncable-related service charge, the Commission voted 12 to 0, with one abstention, the following motion: Based on the opinion received by the Commission from its legal counsel, Triax is instructed to cease and desist any further assessment of the noncable-related service charge against the auhscribers of the Lake Minnetonka Cable commission and to credit those subscribers who have been assessed this charge thus far. The Commission is available to purs truly. fennifi^ Watts administrator discuss this matter further. CO !LNCCC Member Cities Barb Brancel, LMCCC Chair Tom Creighton, Counsel for the LMCCC Rlc Hanson, Director of Operations, Triax Cablevision enc t r i. NCAh. J- •HAP iAO •auc a . acANic*• TMOMAft o.CftciaMroN •THA u SI* tCOrT A. urtON PAUL J. OUAtr* • . TOGO MAPP*« • USAN OICACL MiNSacnO TMCPCftA M.AOPfPttMl BERWICK AN'D LIFSON A pwort SSlONAC AS50C iAT i*^N attorneys at law SU'TE »200 COLOmna OE S500 WArZATA 0OULEVAPO MINNEAPOLIS. MINNESOTA 55-416 I0I2* 5A6-I20C facsimile !6i21 5-A6- 003 *u**-*^CO '*• ;«•» »*CO •OBI.'C •CCOu»»rA»«» • ■(Ak. aao 'CA** S#CC AkiB* **«0 C t»CC'Ai..BT ■» M<K»NCfOP4 BT a TK •*<! association August 13, l'-91 Of COiiNBCL •0«l»T C aa Tmu A ^ Oca SB*a PAMA vCOA v CvAX S'A m!««s Ms. Jsnnifer Watts Cabls Administrator Laks Minnatonka Cable Conununications Commission 443 Oak Street Excelsior, MM 55331 Re: Triax Cable Vision's charge for non-cable service calls Dear Ms. Watts: As per your request, I have reviewed the informat, on you have provided me regarding Triax Cablevision's charge for non-cable service calls. It is my understanding that a Twenty Five dollar fee is charged or proposed to be charged by the company for any service call during which a company employee does not find a problem with company^provided equipment or service. I have also reviewed the legal opinion from Timothy J. O'Rourke, Dow, Lohnes and Albertson, counsel for Triax Cablevision. I do not agree with the statement of counsel for Triax that the Act precludes regulation of charges for customer service calls. In support of its argument counsel for Triax sites 47 u.S.C. Section 543 (a) . This states in relevant part "any franchising authority nay regulate the rates for the provision of cable service, or any other communications service provided over a cable system to cable subscribers, but only to the extent provided unde this section." (emphasis added). The intent of the Federal legislation regarding the deregulation of rates related to attempting to establish a national policy of imposing mark" forces on the amount that cable companies would charge for programming they "provided over a cable system". The legislative history is replete with references to the fact that cable companies receive programming via satellite and are in effect engaged in interstate commerce. The legislature apparently believed that it would be an untenable situation to have nationally delivered cable programming subject to local, unreasonable and uneven rate regulation. This situation, of course, does not apply to a local company sending a truck out to check on someone's cable service. 1 BERNICK AND LIFSON Ms. Je inifer Watts August 13, 1991 Page 2 As you have explained to the cable company, the cable television franchise requires at Article VI, Section 4.C.(3); Service requests for maintenance or repair of Grantee's property shall be performed at no charge to a subscriber. If such maintenance or repair is required as a result of damage caus d by subscriber. Grantee may charge to the subscriber as a maximum its direct costs for material and labor for service calls to subscriber's home. I do not believe that this section of the franchise has been pre empted by federal law. On the contrary, as explained below, I believe that federal law grandfathers this requirement in as valid and enforceable by a local franchising authority. Fiist, let me comment on Mr. O'Rourke's statement that the Twenty Five dollar charge is expressly permitted by the franchise agreement. The clause, as referenced above, referred to by Mr. O'Rourke states "if such maintenance or repair is required as a result of damage caused by subscriber," charges can be made. The "such" maintenance or repair is maintenance or repair of Grantee's property. By the company's own definition the maintenance or repair they are charging for is only if such maintenance and repair is not to Grantee's property. In other words, the language from the franchise which permits a charge by the cable company refers only to damage to the cable company's property which was caused by the subscriber. In 47 U.S.C. Section 544(c) the statute states, "In the case of any franchise in el. »ct on the effective date of this title, the franchising authority may, subject to Section 625, enforce requirements contained within the franchise for the provision of services, facilities, and equipment, whether or not related to the establishment of the cable system." The statute clearly anticipates that franchise requirements regarding provision of services are enforceable. Your franchise requires that the Grantee shall provide a maintenance service to a subscriber at no charge. The company will no doubt argue that you may require them to provide this service but that you cannot require them to provide it at no charge because that would be rate regulation. As stated previously, this is not the type of service to which rate deregulation applies. Further, the fact that a service is required by the franchise at no charge means that the service has no rate which the company could increase or decrease. ■ , h' BERNICK and lifson p Q O r c S S I U N A i_ A s 5 O C J A' Ms. Jennifer Watts August 13, 1991 Page 3 Mr. O'Rourke at the third full paragraph of page two of his opinion is correct in stating that the ultimate question in this issue is the allocation of the "burden"'. The company apparently believes that it is the subscriber that has the capacity to determine whether the problem is related to the company's equipment or some other cause. In some extreme situations a subscriber may know that it is the company's equipment at fault (blown-up convertors, cut wires, etc.). However, in the vast number of cases, it would be virtually impossible for a subscriber to determine the nature of the disruption to the cable programming. Therefore, pursuant to the company's position, you have a subscriber who must notify the company that they are not receiving cable service, must (if the simple over the phone walk through procedures reveal nothing) request a company representative to come to the home to check the cable thereby incurring potential liability of a Twenty Five dollar charge, all without ever knowing, until its too lace, that it was something other than a cable problem. The Federal law does not require such entrapment of subscribers, and the Franchise forbids it. Mr. O'Rourke is further incorrect in his statement that Paragraph (3) clearly allocates the burden to the subscriber. As previously stated, that paragraph only allocates the burden to the suoscriber if a two prong test is met: If Grantee's property is dair ad; and 2)The damage was caused by the subscriber. This test is clearly not met representative eventually finds out television set which was broken. if the company service that it was a subscriber's Mr. O'Rourke is correct when he states that we are talking about a contract here (which is also a local law) . As a result, we must rely on the clear meaning of the words to identify the obligations of the parties and the intent of the parties as expressed in the clear words of the contract. It is clear from the language of the contract that service requests were to be performed by the cable company at no charge to subscribers regardless of whether the provider of the ser^'ice ultimately repaired Grantee's own property, found no problem, or found a problem elsewhere. Further, while rates for providing cable programming services over the cable system were deregulated, customer service requirements in franchises were I'- beRxNIck : AxNd lifson A PRO f e 5 S lON AL ASSOOAT Ms;. Jennifer Watts Auqu«;t 13, 1991 Paye 4 sp'.oif ical ly grandfathered in and not preempted by federal If.: f'islation. This is clearly a customer service requirement not a traditional ^rate''. Therefore, it is my opinion that the c ?.jle o..;nr-1sion may require that Triax comply with the franchise ^equir* ?nts “hat ''service reques*- f ;r maintenance or repair of dvante ^ s . rty shall be performed at no charge to subscriber." Wh»=- “t:: c- not Grantee's equipment or property ultimately requires rpd’r. If problems still persist with Triax, and the company refuses to comply with this section of the franchise, the Commission may wish to proceed pursuant to 47 U.S.C.S552 which provides that a franchising authority may enforce any franchise provision relating to customer service or consumer protection, -*nd may enact new ordinances regarding consumer protection, so long as not inconsistent with Federal law. If you have any other questions, please feel free to contact me. Sincerely, Thomr.s D. Creighton TDC/pjb M CITY OF ORONO COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE 1992 BUDGET FOR THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION NHERBAS, the Commission was issued a Regular Certificate of confirmation by the Minnesota Cable Commission Board relative to the Cable Communicatior«* Franchise; NHBRBASf the City of Orono is an existing member of the Commission; WHEREAS* said ]oint and cooperative effort is authorized by Minnesota Statutes Section 238.08, Subd. 5; WHEREAS* the existing joint powers agreement provides that the member cities of Commission shall review and approve the Commission budget; IBREAS* the City has reviewed the 1992 budget of the siu.i and believes it to be proper; NOW* THBRBPORB* be it resolved, that the City Council of the City of Orono approves the 1992 budget of the Lake Minnetonka Cable Communications Commission. The above lis^.J resolut on was moved by and duly seconded by_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ The following Council Membt'S voted in the affirmative; The following ncil Members voted in the negative; The above re-j Jtion was duly adopted on September 9, 1991. ATTEST;Barbara A. Peterson, Mayor D'Sfdffiy H. Hallin, Crty Cleric” n/A >/> ^ TO: Mayor Peterson and Conn'll 1 FROM: John R. Gerhatdson, Acting Administrator DATE: Septemoer 5, 1991 SUBJECT: Woodhill Country Cluo Sanitary Sewer Service Aareeirent In March ot 1991 Council approved the Woodnili Country Club request to construct and connect a sanitary sewer line to the existing sanitary sewer line at Russell Avenue. Council directed staff to develop an agreement with Woodhi 1 1 Country Cluo witn reference to Woodhill Country Cluo owning and maintaining the sewer line after it was constructed. After further review it is my opinion that the sewer line once constructed should Oe owned and maintained oy the C:ty of Orono. I have requested the Woodhill representative amend the agreement accordingly. Recommendation - to approve the agreement with Woodhill Coun»r Club for the construction of a sanitary sewer line from the property and facilities to the existing municipal sanitary sewei line at Russell Avenue and for the ownership and maintenance of tne sewer line thereafter. SANITARY SEWER AGREEMENT k THIS AGRBEHENT is mads affective as of the day of Septanbsr, 1991 by and between WOODHILL country CLUB, a Minnesota non-profit corporation (hereinafter sometiines referred to as **Woo^ill") , and the CITY of orono, a Minnesota municipal corporation (hereinafter sonetines referred to aa "orono*'), both of Hennepin County, Minnesota. NHBREA8, Hoodhill owns and operates a country club, the landa and fecllitiee of which are located partially in the City of Orono and partially in the city of Wayzata. The lands o%med by Hoodhill are described on the "Woodhill Legal Description" attached* The clubhouse building is located within the City of Meysata as eho%m on the plan which is part of the Woodhill T^qal Description. At the present time Woodhill does not have sanitary sewer service to the clubhouse, but desires to have such service; and WHERBA8, Orono owns and operates a municipal sanitary sewer sarviee system. The nearest location practicable for the hook-up of Woodhill to the Orono system is in Russell Avenue to the southwest of the Woodhill lands; and WHEREAS, Woodhill and Orono wish to contract for the oonetruction of e sanitary sewer line from the woodhill clubhouse to the Orono sanitary sewer line in Russell Avenue, and the providing of sewer service by Orono to woodhill, all ae is hereinefter set forth; and WHEREAS, Woodhill and Orono wish to contract for such oonetruction es provided below. MOM, THEREFORE, In consideration of tl mutual undertakings herein, One Dollar ($1.00) and other good a valuable consideretion, the parties do agree as follows: 1. Preoeration of end Approval of Plans. Woodhill will propers the plene end specifIcations for construction of the eenitary sewer service line (the "improvement") from the woodhill clubhouse to Ruseell Avenue. Before letting the construction contreot. <.*.'ono ehell approve the said plans and specifications. Approval must be given or specific reasons for disapproval eubeitted to Woodhill within sixty (60) days of submission of the plane end speciflostions to Orono. 2. Construction. Woodhill will construct all portions of the Zeproveeent to the satisfaction of orono. The improvement will be located substantially as shown on Exhibit A attached hereto. 3. Payment for Inl'Cial Construction. Woodhill will pay for the initial construction of the Improvement from the Woodhill clubhouse to and including the hooK-up to the Orono municipal _a. aervice line in Rus«ell Avenu®. Orono will p*y for no part of the initial conKtruction. Orono will not levy any asBoasnent against Woodhill except the normal Metropolitan Waste Control CoBUBission sewer availability charge (SAC charge). 4, Qt»anc of Easement. Woodhill grants to Orono the eanitary ••wor sassnent described on Exhjhit -B attached hereto. 5, of Improvement. Upon completion of oofiB^ruetlon of the Improvement and acceptance thereof by Orono, Moodhill shall convey o%mership of the improvement to Orono pursuant to ths Bill of sale attached hereto as • Upon dalivary of the said Bill of Sale, orono shall assume sole oimarahlp of the improvement. The improvement shall be part of the Orono municipal eewer system. 6. sewer Service and Maintenangfl> After complet.on of construction of the Improvement, Orono shall continually supply sever aervice to Woodhill. After Woodhill conveys the Improvsnant to Woodhill by Bill of Sale, maintenance, repair and replacement of the Improvement from woodhill to Ruesell Avenue will be the responsibility of orono at Orono's sole expense. Maintenance of the system within Russell Avenue will remain the reaponaiblllty of Orono. 7. service Charges. The Metropolitan Waste Control Commission presently pays the operating cost of the sewer service •ystmm and ehargaa Orono for such expenses by rates and prooaduraa astabllshed by the Metropolitan waste control Commimaion. Orono determines what users are charged for the service, woodhill shall pay to Orono the same sewer rate ss is charged to orono reeldonts for sanitary sewer service. The rate may be changed by Orono from time to time by resolution. Orono will inform Woodhill at least annually of ouch rate and make available the eewer service budget. 8. Mmtsrs. Orono and the Metropolitan Waste Control Commission will have access to motors on Woodhill property for inapacstion and verification of readings. 9. m^gmistlon of Use. Woodhill agrees to regulate and control iba uaa of the Improvement so as to prevent the discharge of iteme into the Orono eewer system which are in violation of Orono ordinances. In cass of any continuing violation of such ordinances, aftar reasonable notice, Orono shall havs ths option to suspend service until sucn violations are corrected. 10, Lift Pump Upgrade. Orono presently maintains a lift pump in its sanitary sewer line located approximately 800 feet east of Orono Orchard Road and as shown on Kxhib1t A. The present users of the sewsr (i.e. excluding Woodhill and other new umars) hava paid for such lift pump. If thxs particular lift puMp nMd« to bo upgradod to acconmodato additional now uoors of tho sanitary sowor oystem, than Woodhill and auch now uooro will boar ths axpansa f the upgrado on a fairly apportioned basla, and th« existing users as of the date of this Agroomont shall not be obi ..gated to pay for such upgrade. 11. boaordo. Each party will koop proper books and records to reflect all exponses and receipts applicable to the subject ■attar of this Agroosent. Bach party will have access to all relevant books and records of the other. 12. Temination. This Agreement may be terminated by the ■Utual agreement of the parties. Any dispute under thie Agreement shall be determined by binding arbitration in aoeordanoe with the Rules of the American Arbitration Association and judgment upon the award may ba entarad in any Court having juriediotion thereof. 13. Mieeellaneous. This Agreement may be amended or terminated on!.y by a «n:itin9 signed by both parties, in the case of breach of this Agreement equitable as well as legal remedies shall oe available to the parties. The orono city council has duly authorised the execution of this Agreement. If‘ i /*■ ter'”*-1 1: Parcel 2: Parcel 3: Parcel <: iji 4 ...... WOODHILL I,FGAL DESCRIPTIONoutlov B. wc-odnill Kidgc. Hennepin County, Minnecota Lots 66, 67, f.B and 69, Auditor’s Subdivision No. 184, Hennepin County, Minnesota That pai't ol the Northeast Quarter of the Northeast Quarter lying South of a line parallel with the North line of the Northeast Quarter of the Northeast Quarter sneJ running west from the point of intersection of the East line of Section i With the Southwesterly line of Great Northern Kailway right-of-way, in Section 2, Township l-T, Range 23, Hennepin County, Minnesota That part of .Section 2, Township 117, Range 23, described as follows: Cor.r.ancinc in t)>» West line of the Southeast Quarter of a point 627.2 feet South from the Northwest corner thereof, thence South 09 < East 457.1 feet, thence South 77* 46* East 154.3 ^.eet to a point in the Northerly line of Great Northern Railwav ricrst-ol-w«v being point of beginning of land to be'described, thence Southwesterly along said righv-of-way line to a point in a line paraljel wi*in the west line of the Southeast Quarter and running through a point in the southeasterly line of Lot 1, Auditor's Subdivision No. 262, Hennepin County. Minnesota, distance /C feet Northeasterly along said line froni ,.«a5tcr-.y end of the South line of said Lot 1, thence North to said point in Southeasterly line of said Lot 1, thence Northeasterly along said Southeasterly line of Let 1, a distance of 69.3 feet, thence 26* 56’ East 276.35 feet, U»e))ce North 0* 27 Was*. 6S0.9 feet, thence North 31* 19' West 207.55 fe^. thence North 58* 27' West 680.9 feet, thence No^ 31 * 321.27 feet to a point in the West a.me of the Northeast Quarter distance 620.9 feet from the Southwest corner thereof, thence North to t.he Northwest corner thereof, thence Best along the North line thereof to the Southwesterly line of Great Northern Railway right-of-way, thence Southeasterly along said right-of-way East line of Section 2. thence west perallel with North linft of the Northeast Quarter of the Northeast Quartar to the west Dine there©., thence South tc the Southwest corner of the Nortneact^ Quarter of *.htf Northeast Quar’ier, thence East .o the southaas'c corner thwieof, thence South a.ong 1 ■i f j N Ml I >1 ♦ 't B^ction line to the North line of Kinnetonke brench of Great Northern Rail^'ay >thence Westerly alona said right of way line t point distance 1035.6 feet Easterly along said right-of-way line from beginning, Uience North 21’ West <13.32 feet, thence North 19* 36' 08” West 525.29 feet, thence North 78* 32' 30” westo a1 •J V W32 • 3 O'* W«|Lt£ ^ wwmsM —^ —-West 525.29 feet, thence North 78* 32' 30464.46 feet, thence South 39* 23' West 27 feet, thence South 3B* 51' west 94.0 feet, then South 7* 59' West 14C.49 feet, thence South 10* ao' Ea.-tt 518.3 feet, thence South 26* 56* West outh 20* 30' West 78.85 feet 273.12tJience 7 1)9 wes^ = ^ 40' La.-tt 518.3 feet, thence South 26* 56* West 292.77 feet, thence South 20* 30' West 78.85 feet to point of beginning, all in .Section 2, Township 137, Kange 23, Hennepin County, Minnesota. it'.,; ...iTi I . 7 Mm *a. mL. ’:r lip: if' ■ 4Ilfllfe,.S'piPt' . •mmm , I > .1 v-t ,v» J ^ w^"7^ —,biv-■Mrffi'K, 0 &; K iS> 7 1^-^ -7 :sVl' m -r e'‘.-5 V Wf “■'gfe*i;- ill S v^. •( jk-,-1v '.• ' •' ■.“• >v \ WPK.S# *ar ■ _ i. ■■-iP ’*■ ;;;:-j^i^}:41- EXHIBIT ALocation of inproveiient *P3Sh.,«,#i&- l^&<‘f /.*»• ^m& mp-: *iiiri aiSfg** ^ T-^- - -ilf iMi ri^-Tt>illlll '■# :|a 4 M •’ /I i'f • •• I Vi ^ ■ *i'pfc. Mi- * '^»- ^. WJ: liifsa- S-iter- s-r. • a !'•4,': ^- --i i<wfe,'Biglai:?^- -V 'jJ. w^'^' ^iir-te# :*f . ?mm Wvr-^ ^ "'I '#5ir:-^v ^ - ^r.'^m'k:*?• .'f ' •■ ■ |k:».. ■■ ■ ; mi-K ■'&.< «» J :. lii# ••<•1 :]?• ■ ^.4 Ss^afeP to ■ V' >% rnsimmi■.?' ’T^EXHIBIT BSanitary Sewer BaaMMnt • ? '1 •I Vj-i •-.'J •‘7 • ■-. ? ^< .Aar .k* p' \ mm^?4<v W '>•/ :i^ m‘V'’ .#■ ■•^'* ' i’- iV r< V.; ■ ii«^ m ‘' iJ.t • ■'* EXHIBIT BSanitary Sever Baaenent ' M Pm IMP,: ■ impm-'k- ■ ^;- Wm- '* Mm- t»- ^v -'^#1 '■ ^" ■ ■'^•^^'-ff-'l^^flJ^V/,; ,.-:r ‘iN, -fW « .1! I ■i ? I I J W- - • -».:rV » ^ EXHIBIT C Bill of Sale for Improvement i i’f.. t ... r'i' I [ f.% I'. L- h-‘ 1^m %R<‘f gr^' »y*'- ■>■- .m ti‘r h I-y Wiff5\ ; : ift; ^ y'y -. -S.v,: -i'‘ ■ / « . .H TO: PROM: DATE: Mayor Petersen and Council John R. Gerhardson, Acting Administrator'-/-"^ September 4, 1991 A SUBJECT: Park Lane Access the heavy rains during spring and late summer the Park Lane access to North Arm Bay suffered severe erosion, 1 .i July the City received a petition from the neighborhood to repair the access. Because this is not thv? first time this has happened I felt it necessary to attempt to repair the damage using a more permanent product thereby reducing the need to repair the erosion damage so often. City Engineer Glenn Cook has provided information about a product that should provide a more permanent solution to the problem. Reconnendation - To accept the information and to direct the City Engineer to prepare a cost estimate for the repair of the access. PROPOSED MOTION - Moved by _, seconded by _, to accept the information and to direct the City Engineer to prepare a cost estimate for the repairs of the access. Ayes t Nays . _ _tMTiL/k'SK ,,>i yc*r. •^'-7v''’\m f'^'v •■■ '■• ;SJ.k sr t K’ r •r r-V: te rn:^ .1 jut Z 5 199^ Julyjf, 1991 t • City Administration Office OronOf Minnesota Attn: Mr. Mark Bernhaidson, City Administrator Dear Hr. Bernhardsont by 6 feet long, with an exposed power cable. There are many families, children and senior citizens who use this access. I have called the City Public Works office on many occasions to discuss this problem. It is our hope for the safety and enjoyment of all that this problem vill soon be rectified. k you for your time. rj/fon Vroblevski >30 Park Lane Orono, Minnesota 473-3192 y:zs.r2S(f ¥7trh3>0^- V-eo '•iA '4)0 hi tfW£f I* i«p.- M OT- tJumi/n, ^aut (■ ^<^LtJJ • • t•i*?y V J /r K/-^//;,^ I',Ki /Yi^, • -/ /^7?’(. ‘^is-S m.<M»1 475-I‘t31 ^y'Z. ^,h(. !■Tfly^fayPA^ i?3 ^ ^ Ci^ 1^ % tSjl^k vmwy- %;■> v<f.' ;Ht :.Vt' r-• Ifv I': :..;SS.. .: •/ ;f " •> ■:i I i'-. ii- ?*v..: '•r: . P-. I-fc- ^■l;^ ■ \ >psfe^ Ilf • « % %- %,^ - V, * ^ -s, ~ k ■ V ^. «> -.‘is. V V •*— — “*■ *^-, ^ ^ ^ ‘k 'k. *■■ ••c-.‘-.'s-.'-;‘--'<^'/-- • . . » K, -.^ V. .. « GRID CONFINEMENT SYSTEM •O. ^V.• . • k ;V % • *• . - •iGS %•WEB rrrt.T.Y: ^-. s> ^ 2r■ > ; t:: ^ K^• I i . "-ijiW\, *» aL» V-y . s.*-• . V vM •’' !’••■.*'V- .** • • , ' • “"O ,-;*V**,*«k*-* * m , V*-. ^4 ' *- X • \’ « •• • GEOWEBs Grid Confinement System BOAT RAMP CONSTRUCTION CASE STUDY I r r;/4^ tr* : 1.' i I; Objective:Improve the existing natur.ii sarc bcut launch area. Client:Oneida County Forestry Department. K*ck Rollman, County Forest Administrator. Installer: Site: Wisconsin Conservation Corps Boat ramp at the Highway O crossing of the Wisconsin River in Oneida County, Wisconsin September 20, 1984 Specified Product: CEOWEB 8-8 Grid Confinement System With increased usage and fluctuating water levels a natural sand boat launch wav no longer adequate. Due to frequent use, vehicles often got stuck m the sand The CEOWEB 8*8 Grid Confinement System was specified to coniine a road fill The Rfavel by itself would lend to wash out with wave action, but when conime dlmJn'L.) «n> o( ,h. CEOWEB, would p-ov,du . d.onR. suUe .,n,p with d niiiuriil jppMf3nc6. Developed by the U.S. Army Corps of Engineers Waterways Experiment ' wstem^s umSue in that strength or stabilization by confinement series of three dimensional cells, which when expanded into position h.ive the appearance of a large honeycomb, one of natures most eii 'lent structures. With one front end loader operator and 4 men, 5 sections of U' x 20' ^aced and filled. The 40' long 20' wde boat ramp was completed m 3 hours This boat ramp is used over 2000 times per year. rl:I /. . . L r,«' -'I•-I ' ^ > a', 'n ... .•...., For undorwotor Inamotlnni. tho patontod QEOWEB •Irolchor framo la uaad to accuraiafy position the q £OWEB and ballast it to tn# rivar bottom. The GEOWEB ia stratchad ovar the frame to the lull 8' x 20' X 0” size. The 114 pound GEOWEB and 37 pound frame earned down the ramp ilfe - >; • V-# Uc'' Jy ^ « ».i ■ ■ r-^ The (fame is lurned over so that the GEOWEB is resting on the river bottom Kr v fe--.••' -J ’ ^ •I'S A ? -• -0r ii>J,* h-V- ' .’• 4i^:. • t >’ I . 1 1 m m f«4 A front end loader is used to li;i me GEOvVEO witn or less washed rocK With the GcOvVEB tilieo the stretcrier hame iS easily removed a-'d the same pio- cedure iS repeated with the next section and so on w. i',' ■ ' f . J •t -A ' ■ ‘ - .■ I liwi.'Jui >g.'^ I ''‘:l« ■ With tfiree sections in place, the fill is over the top of ihe GEOWEB cells by approxim.itoly 2 inches This allows lor compaction and pro'-' :ts the cells Irom the cleats on the tracks of the Iront end loader F ;f ! «•:,! ’.n !''e f ' *v :>a!vxr iti.* tr'.ir MJ ir . f .' • • >1 , i J m; k b' *i.*r j .v^ilur ► V.v) « K5c*«:Sf ---------- ^.1 The shoulders of the ramp are MIed in and the naiufai looking ramp is ready to ubO W‘\i. r ,J lam r • / r I '.i -7. l- Rick Roiln .,f County Forest Administrator "The GHOWEB eems to be performing ...'ry rt*;il Tno* Pi .i! i.irong i-Jcived hea*y use this toil .iiu; .! woikuJ .-.• . w Ti .far.i.; comrr,,-nls from u'..t-rs W«r uppr.-o a ’-- 1 ,'.i.' • «• ;: If. 5 I- , .-.♦•f.il '1 ,,i ; ,s.. ... , ..iP <• ' , . ** ^.»tr. -> t‘f r. ti tP •• • ♦- r-.' ' ' r • . ' • J* *' 'r fV •'• ' I? *V )»•♦*' ! ,• ’ tf GEOVVEU Additiof al Application'* Ditch Lining Retaining W all , i< * ■i'_. .r, • A' ^ .► ^ * 7 1. y I4*'r 1 V|*\4 J '.>A'.v|' 'S **'** •'I'V ^ ^ ilc: ' \r> ^ ../ A ;:5< D O -■M K^U a ^V'-V. < - ■■'ti <tV‘' • •- ‘ ‘ »iAi Stream Crossings SPECIFICATIONS CLOWLU Strut tur.tl Pro|K*Mifs 1 [x|)*u^tlc(l Dittu'nMcjn J Lcill.ipsc’tl l7imi»nsJon \ ISiru*l Ihickm»ss Nutnmal •; vvri^lii S. Ci‘ll Area h Cell StMm Ntnli* IMi h 7 VVelcIsi Seam M letlsile IV'fl Stren^rt » * 1 11« >Slope Erosion Control H M *> JU It X rt Of 4 !'■> ' \ n X ') in M ur4 .r' U U4 7 r'J ! U ami lh> .;i .r) : i :f1 lot t lt)> O Inxtall.iitt at I ent|'t*f *U ufe Kartw^e )ij*f (o 1 ‘u) f [3 or f^Ui * *e' **Uit* ' .j Li*?' !* , «* Ciao' i> .»i * e .i't>«>/t H’.j ^ (.i.i''iit*ftt • t ' i-n < a a '» e • , »r 1-800-558-3525 Ext. 311 Wiscons.n 414-739-947 1 E*1. 311 iTiP* •<..■,Mf '-.-I- I.*j| •,T<~' lUjii'i,. ••, •,. I'Ml., li.v • ■ 135^Presto Prtiduits. Incorporated CiEOSVSTEMS OiviMon P.O. Box 2 t‘l‘) •\ppli*tt)n, Wisti>nsin ”>4 ‘H J /“rrxvvF M • f '. . I V. :r It:w V. tri- h P' %■ kf'. Pfe : r"r E: f* [i Si-:, r^::’ /'-J%TO: FROM: DATE: SUBJs John R. Gerhardson, Public Jack Brinkhaus# Street Department Foreman September 3, 1991 Pall Clean-up Day - October 19, 1991 Works Coordinator vO « V\Portf^inan ^ ^ 4i The City of Orono Public Works Department is planning fall clean up day on Saturday, October 19, 1991 from 8:00 a.m. to 4:30 p.m. The collection point will be behind the long, gold equipment shed at Brown Road South and Spates Avenue in Crystal Bay, next to the Administration Building. The following items will NOT be accepted: garbage trees brush chemicals Lruck loads barrels, drums, chemical containers, petroleum products and their containers newspapers and other items normally picked up by recyclers Leaves and grass will have to be debagged into our large container. We will not accept leaf and grass bags. Appliances will be set aside and will be picked up by an agency that disassembles and recycles appliances. There is a fee to have them picked up, but we are not recommending charging a fee to the residents at this time. We will also accept tires. A private company will be here to accept them for a fee. The residents will be required to pay about 12.00 per car tire. OnoaO BB8I0INT8 ONLTl PROPOSED MOTION: Moved by , seconded by _, to designate October 19, 1991 as Orono Fall Clean-Up Day. Ayes_ _, nays_ _. 9oi Mayor Peterson s Orono Council Members Froas John R. Gerhardson, Acting City Administrator Forwarded recommending approval. kr' _■ " ~ ^ -A.-- ,..1;:- ir r ¥ fto J V ^V' l: , i •1 v:r.;i' k f . ' 'i .. m,.m. Wl ? 391 . 3 ^0.' TO: FROM: DATE: Mayor and City Council Tom Kuehn, Finance Director August 30, 1991 6V ^ Z' ^ % SUBJECT: Petfocraance Ev a 1 uation/Compen sa1 1 on Adjustment - Assistant Finance Director Attachment:A. City Administrator Memo Regarding Position Reclassification Dated 3/20/91 B. Orono Compensation Plan Groupings C. 1991 Compensation Plan Wage Table ISSUE - Authorization by Council to adjust the compensation of the Assistant Finance Director from Level 6 Step III to Level 6 Step IV. DISCUSSION - Under the City Compensation plan Assistant Finance Director Linda Walters, based on acceptable level of performance, is eligible for a wage adjustment from Level 6 Step III ($13.204/hr) to Level 6 Step IV ($13.899/hr) effective September 1, 1991. RECOMMENDATION - It is recommended that Linda Walters wage rate be adjusted as requested effective September 1, 1991. PROPOSED MOTION - Moved by __, seconded by to adjust Assistant Finance Director Linda Walters' compensation from Level 6 Step III to Level 6 Step IV ($13,899 per hour) effective September 1, 1991. Ayes __, Nays __. ArrnciH/HrTi-' TO:Mavor and City Counci-A RFSOM;r^.ark E. Bernhardson, City Ad.T.inistratot \ rp DATS: March 20, 1991 SUBJECT: Position Reclassification Assistant Finance Director Golf Course Supervisor Attachment:A City Compensation Plan 3/22/88 b! Asst. Finance Director/Position Reclassification Memo Dated 3/4/91 TSsnE - Determine if Council will authorize the reclassification oT^e following positions based on review of the positions: Assistant Finance Director Golf Course Supervisor Is-H-TA Classification should be reclassified that would be reviewed. &rnll«”t III Finance Director - The points reflect the <!evelopient of tHe position and more fully relates to the current Assistnat Finance Director s would change it from a Level 5 to a Level 6 t.he Doints having gone from 60 to 67, This would result in rchange in the position and given that the initial analysis was done^^back in September it is ihla chance would be retro active for the position bJjJ tS l.p2J22:r ”nd\h.t th. individual would than be up for a regular review on September, 1991. V 'A-' r««r.a suoervisor - As a result of this analysis it « to Level 7 with points 9oin, ^ «r?S ?2: Cl».n however, that the position was paying more than what was permitted at inertaseclassification would not involve a compensation increase ■ irv. - wimAt m.j- f*P ' mm-' §m for the position but nierely place the position in the Level at which is oo-njensurate with the previously paid rate. This previous rata was the result of compensation decisions made prior to the implementation of the City's compensation plan. ALTSRNATr/ES 1. Approve 2. Table. 3. Take no action. R£tiOMMENDATION - It is reconunended that the reclassifications of tba positions be made as stated above. At present the only entry lavc^. position that is not have a top compensation step that is within the category set forward are that of police officer. PROPOSED MOTION - Moved by _, seconded by that Council adopt the recommended reclassifications for the positions of Assistant Finance Director from Level 5 to Level 6 effective September 1, 1990 with the wage rate adjusted to Level 6, Step III/ $13,204 per hour/ retroactive to September 1/ 1990; and the Golf Course Supervisor reclassified from Level 6 to Level 7 effective January 1, 1991. Ayes __/ Nays __. •:.v «> GROUPING 1 2 4 A T J H (fX- 7 CITY OF ORONO COMPENSATION PLAN APPENDIX B POINT GROUPINGS R POINT RANGE MID POINT POSITIONS IN GROUPING 44 - 47 45.5 CSO 48 - 51 49.5 Laborer Clerical I 52 - 55 53.5 Clerical II LEO 56 - 59 57.5 HLO Police Secretary 5 60 - 64 62 6 u5 - 68 66.5 7 69 - 73 *^1 Sr. Accounting Clerk Deputy Clerk/Secretary Recorder Public Works Maintenance Patrol Officer On-Site Septic Manager (E) Asst. Finance Director City Clerk (E) Golf Course Supervisor (S) Building Inspector (E) - Exempt 8 74 - 78 76 Public Works Supervisor I 9 79 - 83 81 Asst. Zoning Administrator Building Official (E) (E) 10 84 - 88 86 Lieutenant (E) Public Works Supervisor II (E) 11 89 - 100 95 Building/Zoning Admin. (E) Public Works Director (E) 12 101 - 110 105 Police Chief (E; Finance Director (E) 13 111 - 124 117.5 City Administrator (E) — - r 1«# • • CITY OF ORONO COMPENSATION PLAN - expected PERFORI-IANCE Lr/ElS 1991 STEP II $9,024 $9,549 $10,163 $10,786 $11,516 $12,509 $13,492 $14,524 $15,663 $17,133 $19,615 $23,041 $27,305 STEP III $9,525 $10,080 $10,727 $11,385 $12,156 $13,204 $14,241 $15,331 $16,533 $18,084 $20,705 $24,321 $28,822 c STEP IV $10,026 $10,610 $11,292 $11,984 $12,795 $13,899 $14,991 $16,137 $17,403 $19,036 $21,794 $25,601 $30,339 1^: V-;* ;i ^Ir it -r:r.p‘.- P-,- ' .-frA''' . >< f , Sifesv TO: FROM: DATE: Mayor and City Council John R. Gerhardson, Acting Administrator September 4, 1991 <0^% V*’ V ii> SUBJECT: Administrator's information LAKE MINNETONKA CONSERVATION DISTRICT 9/5/91 AGENDA AND MINUTES oF fE^iiNICAL REVIEW COMMITTEE 8/22/91 - See Attachment. fAmiii'r^'ii 1 (r h- ■ pj 'i-ie ■ 5^^ .jSSai. ' i'L .. -• ~ LAKE MINNETONKA CONSERVATION DISTRICT "AUG 2 9MEETING AGENDA TECHNICAL REVIEW COMMITTEE FOR LAKE MINNETONKA September 5. 1991 8:00 A.M. I. Discussion & Approval of: Minutes of Aug. 22, Agenda II. Shoreland District Boundaries A. Lake Minnetonka B. Streams C. Overlap Situations - lake & stream, lake & lake D. Possible Reductions in Oistric: Width - sources of information on topographic divides / watershed boundaries E. District Boundary Options - parallel to shore vs. using property lines, zoning district lines, etc. III. Bluffs & Steep Slopes A. Identifying Bluffs, Bluff Impact Zones, Steep Slopes city vs. applicant responsibility B. Mapping Issues C. Management - sources of technical information & assistance IV. Next Meeting - topics [if tr' F■r1^ V %: y ^IT'.'-IIt*, fe'.. i.^, ■ k*:^- I'-f- i‘-:-k^:p. y- ^, L.' f* ’■ fv, si h>:W I Im.' iihr-%r i^: '^StF;. ' ' V LAKE MINNETONKA CONSERVATION DISTRICT MINUTES TECHNICAL REVIEW COMMITTEE (TRC) Mee''ittrj O’" ^uTist 22, I'2 91 floi.vest B:iril. BuMrlipa Contr>rpnc9 Room •*UU E. Wav.-'j'.a Rlvd.. Way:rat3 ATTENOENl*-' ( ?iOC o t L !«■ iM'd 1 i 7. t. » ITEM I. Orqan i rat i ona 1 MattPi'^ A. Minutes i Aaet>da disc;ns';ed. B.Ed Fick. f)NR, distributed copies of: - "Joint Conflict Resolution: Models. Roles & Strategies" to crovide IRC members with ideas on how they can effectively oarticioate in the process. - the Metro Lojncil's request and the DNR/Attorney Oenr’rai's losnonse icgariiina the issue of "adiacent community approval of flexibility." - DNR/City/LMcD Grant Aareement signed by all par ties. C.Ed riel, explained that the shvOt eland Grant Program provides for 1/2 ot the grant money to be given to -5.. 5-,.- o I Mf-n i-iifhin .^11 rinv*^ of the sloning of the PrOVlUeS lUr l/i I i-iirr -- -- I iZ cities «« LMCU within JU days of the signing of the grant .;'*at «?emen t, so he will soon be arranging for a payment to the LMCD which will then transmit the appropriate amount to each city. ITEM II. Stormwater nianaoemon t briefing bv DNR. Ed Fick distributed copies of the text from the Statement of Need 4 Reasonableness tor the Shore land Regs, regarding stormwater manaqemett t. Me then summarized that the reas. reouire that whenever possible, existing natural landscape features such as drainageway5, wetlands, and vegetated areas should be used to convey, store, and filter runoff prior* to discharge to public waters. He went on to explain that due to studies showing a relatively short effective life tor wetlands used as receiving areas for untreated runoff and to developing new policies from federal agencies. DNR is now moving toward renuiring use of detention ponds for tre.sting runoff in urban areas before routing it to wotlarids and l.akes. 7)^''tel.... ceil Strauss also explained that sire is involved in an internal DNR process to refine how the Permits Regs, will .address stormwater mgmt. i rr urban areas. She said they will probably be reguiring treatment with the MPCA's best management practices cor^tained in their publication. "Protectiric Water Oiiality in Urban Areas. She also indicated ttrat . fur ttiis group, any practices or constructed facilities will need to bo consistent with the MCr'.D's "Erosion & Sediment Control Manual. -..-i w There followed a discussion of how UNR intends to monitor i mr) lemon to t. i on of rormwotor rr'anoaoniofi t and other conliois by the citio':. Pick e'<Dlairied the reQU i r erne n t s for' cities to send UNR various kinds o. informatioti obout var ionce'', olats, aniendments, etc. so staff can review, commeitt, & monitor, DNR can, and has, apDoaled soma decisions to district court. ITEM III. Stofmwater monaaement briefina by MCWD. Ron Quanbeck , engineer for ttie Waterstiod District, introduced himself and then summarized some background information about the MCWD and how it operates. He showed a mao of the District and explained that of a total watershed area of 183 sq. mi., I23 sq. mi. drains into Lake Minnetonka. Ron said the District was created in )967 and has 7 managers on its Board. 6 from Hennepin County and I from Carver. Ron then gave everyone a Z-oaqe summary of the Objectives & Policies from the District's Water Resource Management Plan. He explained that the Plan was developed to comply with M.S. 509 and is currently being reviewed by BWSR and other state agencies. He said that once all comments are received, the Plan will be finalized. The final version will contain time-lines for local governments to adopt their own plans consistent with the MCWO's. Ron summarized the Plan by explaining that it basicly requires maintenance of or improvement to existing quantity and Quality conditions. Ron went on to explain that the District also has a capital improve ment effort started that will continue with financing from district-wide levies and other sources. He said they have built and are maintaining the outlet dam for Lake Minnetonka, several facilities on Painter Creek, and assorted other projects. Finally, Ron mentioned that all new residential developments larger than 4 lots or Z acres and all commercial developments need a permit from the MCWD. ITEM IV. Existinq/Proposed Stormwater Management by Cities. MINNETONKA - currently using an appproved plan based on a too year event, in process of procurring 2 foot topo mapping and considering a "tier" approach to impervious limits. WAYZATA (as per Ron Quanbeck, MCWD) Is currently being reviewed. has a new plan which SPRING PARK - has submitted a plan for review, only about 13 acres remains for development (plus possible redevelopment of some commercial and manufacturing areas!, can probably meet the 25% limit in its existing single-family areas, commercial and other existing areas have up to 95% coverage. .n. j MOUND - already nearly fully developed and has an existing storm sewer system, experiences severe erosion on development sites which creates problems in stoim sewer system, .*^urrentlv studying issues & may propose a 3U% limit. i|%.; WOODLAND - entire and most is z(jri*»ci should be able to oity is already sinu le-rami ly residential for a / acre min Mniim Jot c i ze. so ttiey meet the I'b'U limit. MINNETRISIA - City's subdivision code renuires on-site management of stormwater from the develooment and from any contributina upoer watershed, a couple of large developments being proposed now will test how well the approach works. MINNETONKA BEACH - already developed except for the Lafayette Club property, currently using a 30% limit for residential lots. ORONO (as per Herr) - generally very conservative and protective, currently considering a moritorium on a.sy new development until its shoreland controls are upgraded. VICTORIA - City has decided to do a city-wide stormwater plan, but funding not yet approved. OEEPHAVEN - mostly developed with no stormsewer system, does not have a stormwater management plan. EXCELSIOR - totally developed. 80% of commercial area is in shoreland and is 75% impervious, relies on MCWD for evaluating new develooment and usually reouires on-site pond. SHOREWOOD - has a ’ /5 stormwater plan, i ncreas i rig 1 v is reguiring use of de tent ion pon ds, wi 11 bo addressino^its M.S. 509 responsibilities, currently using a 30% limit, can probably go to a 25% limit. TONKA BAY - no stormwater plat), use existing wetlands, totally developed so 1/3 to 1/2 of lots (esp. near lake) may be a problem meeting the 25% limit. ITEH VI. Discussion of Stormwater Issues. There was some support expressed for possibly relying on the MCWD as a flexibility mechanism for addressing stormwater management in ''developed'* areas, others expressed concerns about the adequacy of MCWD inspection of projects. Members decided to consider the information and issues raised at this meeting and revisit the topic at a later meeting. They decided to address the issues of shoreland district boundaries and bluffs at the next meeting. ■ ' ,•^.k if .Cy- ■ -V-; •flv‘V-ir'-. * %f^:v. s|^‘'* 1%.V cTr- % <V A LIST OF LICENSES FOR COUNCIL APPHOVAL^<^ FOR MEETING OF Septe.'Tiber 1991 «fc Gambline Permit - Resolution Minnesota North Star Chapter National Multipel Sclerosis Society 03380 Shoreline Drive Jimmies Lounge One Day Non-Intoxicating Malt Liquor License - Minnetonka Center for the Arts 2240 North Shore Drive October 12, 1991 10:00 a.m. - 4:00 p.m. Septic System Installer -Dave Perkins Contracting, Inc. 15775 Juniper Ridge Dr Ano.va, MN 5 5 303 Special Events Permit -Rebei-S Construction Co. Parade of Homes Sugar Woods Subdivision 9/8 thru 9/22/91 Mon - Fri 3-9 p.m. Sat & Su! 1-6 p.m. Residential Kennel License - Suzanne D. Fackler 3700 Togo Road • ^ • r Wf “ .V . M--P:\ 'f>: i'V.. TO:City Council FROH;Dorothy Hallin, City Cler'< DATE:Septemoer 4, 1991 SUBJECT: Gambling Permit: National Multiple Sclerosis Society The Minnesota North Star Chapter of the National Multiple Sclerosis society has applied for a gambling permit at Jimmies Lounge, 3380 Shoreline Drive to sell pull-tabs. This organization has been licensed at this location by the City on an annual basis since 1987. Chief Sullivan stated he did not have a problem with Che issuance of this license. According to State law; approval by the City Council is done by resolution and is filed by the licensee with the State. ;V * : .f k R BOARD USE ONLYLG214 rroMi) Minnesota Laxvjul Gambling Premises Permit Application - Part I of 2 FEE CHECK INITIALS. DATE li^.tn|nrin rr);m-j-liWl-Tn nTr:7X '■ • ■ * . . / f" v.v; - s :•'• y y '• • •*'' ‘ X • • *•■ '*<• '/I '’’s * •• ••'* ^ . -v ».* • *A • ••’ '••..•vyv ^,•^/.•. r ...# - . ..< y. A a R«n«M>il Organization basa reanta numbar Clast of pranusas pamut (ehaek ana) [ A ($400) Pull-iabt. tipboards, paddlawhaals, raffias, bingo Pramisaa parmii numbar □Now ^ B(S250) PuS>tabs. tfpboards. paddawhaals. raffles I I C ($200) Bingo only Q 0($fS0) Raffles only •j MulClpltt Sclerosis Society III Ann I*iftrlfett o^ froa«»«i>a«« • Saim a# a o Ba« (Do not use me address of your oamOUng manager) dH^y Stato ZpCodo County Mlanoapolls, Minnesota 55404 Hennepin Daytime phone number (612) 870-1500 Nsmo o( ehiaf easeulive offieor (cannoi bo your gambEng managar) Tde Villard M. Hunger» Jr. Executive Director Daytime phona numbar (612)870-1500 BtBfO OeCMlOBS If applying for a A or C pennlt. fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by yourjusgDlzallQiI per week. Day naj|nnln|j T«****"| Hou*-.* Osgr Bcglnnlna/Eadtnc Houra Day Begin - g /Ending Hours .to__ -tP, .to. .to. .to. If blage wflU set ba eendnetad, chack hare ^_| fTrr.mr Stfoat Adoresa (do not usa a post oitioa ooa numoar) <k/vrrUw^ -f/r imr\ «^±f ligiSpWSisssleusiedwISOialyaiitoT I^Yaa C3No Hno.ittownship qorganizad q unorganizad a unineorporaied Cl^ wd Csun^ whsrs gsmbing prsmisai ia toca tad OH Township and Cowiiy whars gambfng pramisas is Incatad if outsida of city Emits __________ ^SMT of pnenisoa aiy Staio Zip Coda Slug V^Quod nir> dS^uf^StSrionswwtibiiifl&igwhoreOYES CS H no. aSK.'s Ota Mowing: iiauaiBggaajmgi^gHBffaagisijAj:^^ ^ ^ Civ ” SMO ZipAddrooo .'V; ..:.-j.------------I-.... r"Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 ^n^Hng Bank Account Information Bank Nam# I ^ Bank Addrita Bank Account Numoar City Sun ' Zip Coca VV\vn.crf vnr\ bfparMO* au*ar»arf » s^n ehacks andmak* daposis and wtWraiaaJi ;■ traafuTw ma/ fiot ftaodra eambSno fundt ______ Nam#Aoorass iiua Kingsley Murphy 2344 N:. allit Avenue, Suite 280 Board of Directors Richard Law 2344 Nicollet Avenue, Suite 280 Board of Directors !• ?!P?-' Eleanor Novak 2344 Nicollet Avenue, Suite 280 Controller \Biimg Site iU^iorUatlo a I hara^ eonMnt that ioeal law enfoicamant officers, the board or agents of the beard, or the commissioner of revenue or pubiie safety, or agents of the commissioners, may errter the premises to enforce the law. Bank Records Infonnation The board is authorized to inspect the bank records of the gambling aoeou.nt whenever necessary to fulfill requirements of current gambling rules and law. Oath I declare that; •I have read this application and all information submined Id the board is true, accurate and complete; •al ether required Mormatien has been fully disclosed; •I am the chief executive officer of the organization; •I assume full responsibility for the fair and lawful opera tion of all aaivities to be conducted; •I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; *any changes in application information will be submitted to the board and local unit of government within 10 days of the change; and •I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of chief eim^ive officer Date mmwpmfnff r s' I ¥ 1. The dly *must this applieatbn if the gambfing prom ises is locked wdthin dty limits. 2. The county “AND township** must sign this appncation if the gambling promisee is located within a township. 3. The local unK government (dty or county) must pass a resohition apecHically approving or denying this application. 4. A eoav of tha leieal unit of otwemment's reeQlution ao- ofovtnQ thia aopfieetion must be attached to this anofication. 5. If this application is denied by the local unit of government, it should net be submitted to the Gambling Control £oard. Township: By signature bebw, the township acknowledges that the organization is applying for a premises permit within township limits. cmr or coumv^ Cly er County libme A'A. (^rat70 1 WWII9lll|il Townihip Hwmm Sgnawe^ parson receiving appficetien Signature of person reoeiving application Hie b^/kcU d/erK Oaii Received rise Date Reoaivad •V' i f,' I i:m-1. Be ee weed Bleae Sewdi, 3rd Floer 1711 W. Ceunty deed ■ Beeevme, MM »1i3 LCZUfPart 2) (AwTOWai) ! t I < i:-- .^i V A RESOLUTION GRANTING GAMBLING PERMIT FOR JIMMIE'S LOUNGE LOCATED AT 3380 SHORELINE DRIVE BE IT RESOLVED, the City of Orono agrees to approve the gambling permit application Cor the National Multiple Sclerosis Society for operations at Jimmie’s Lounge, 3380 Shoreline Drive. The above listed resolution was moved by , and duly seconded by The following Council Members voted in the affirmative: The following Council Members voted in the negative: The above resolution was duly adopted on September 9, 1991. Barbara A. Peterson, Mayer ATTEST: Dorothy M. Hallin, City Clerk p. J S.' hy y DATE:HUQList. LZ, 1991 TO: FROM: SUBJECT: L'orothv Cit / Cier> Steve Sul ii van, ChiE*T or r ol i ce Malt Liquor license aoDlication After reviewing the application -for a one dav, ncn- intoxxcatino malt liquor license application from the Minnetonka Center for the Arts, I would recommend that their application be approved. F' :>i- y h t, 3 i!- f li: NV'' r i'; fnk: i-% r r u m F' ft' *^- V.^! i|^ r’4> H<. 9U r»y I ft.••Wt {•a.ltf .* . 1||.«I1 One Day Permit $15.')0 StltfSr^aV^-a STATE OF MINNESOTA Combinaliuii Application for Uctaiicrs (Un-salc) Orr Vi™Non-lnloxicaling I\Ialt Liquor License To the__________^ i~t » rf'K O {t 0 tJ e’ f~TT* I *i t (,»**»♦* W 1 • ' k • W’Mk'**U .‘■ i.'r^.va vffil < *< < ♦ 11 >tu> * ‘ A V t4«m« •! •«lli«rUr ie«iMfi (o’rl (•lll•■»: County nf 4-1 <i- O /J <£r~ /. ^eTjT^.\ T-/li- TMe ______ town of ^ ' w* ViL ^ ^^ O ^ rnunty nf ^ tq ^'p ; of ths city, villagSy or Slatsof MUtnetota, korohy nuifct oppHeatlon for a Retaitrr , (On tale) <0/f $utt) Xon^toxte^ihii %rtt LUiUitr LleoHM to teU eueu Matt liquor under and put uiant to an ordinance (r^totution) paeeed by rity. euuHiy boSft Wt Minneseh ei»TM g-t -.L^r Durlnt tho ptut five ytari, my reeitUnce hat been ae follo-o* ______go /L-/ __S._______ I wao born.Z£ A*UrV.I VUlMf T««»C«Mfr I am a (naUi^(naiuraliMsd) eUUen of tf%s United Slale§. ^ •1/y (wifs*e) (huribafttl*9) tiants anti atitirrif it. / am prsyoisist, Firm was Uumrfmemi^ ^Jn t/is §tats of.ThT7 tU^ CiJtLA^i (highway) located as foUawSi Ths lUsnss will b« in eoanseUan ufUh y4v ^ 0f«« tiw*. - •*. Hf«t*yu«u n»uf. ci»l which has bssH tn operation _______ f^l^CK4 /,SThs ssiabUshmsni it loettUd on ihe. Ths Kiitinfft prtmisss ars owned fcy-- Ths taxes cn ths property ars not dsUnqtunt. i SLMtL^^^j^Adr^ mgaged La ths retail sale of intoxicating liquor. -fl^oor. 11.— ^ ^Jtad aa appUeoHon for Usenss rejected a$ follows: i hmvs mover hssa convieisd of a felony nor of violating any JfaUonal or stats liquor taw or looai ^ ^ montt/4i«lurt, sals or transportation, or possession for sals or tramsportanon of I^%t^^elo^s^SJ^s^l UfOssis^^# OetmkUmg or gamhUng dsoUss wUl not be permitted on the Ueenssd premises. i am thoosomoref ths leasehol d, furniiuy, /Uturss, and s^pmsni iy the prsmlsss for i^AitA theewrror*^ f fgr WnSSt M ftlWwtt 1 hem m Milif #r eg pwiMMt hcinAic who* I lui?f tio4 kwlMtf tflttlftai Ua»^----^ Jskssd tm MCMt !■ Mit tf laUAlmliM hqow smg wUl ksss s rwSsfsl ITS srs ii'ias ____aAa. Aft_______S ^S~~S A.________■ • A • • ____ * ftleM to Imk« toi Hit MniM»— ---------------—— —r***»i”"* •• ^^asssss (fMttotlMirSSsry#LtiPSRai2arx%'^ffi^ •* •» •"*“« - • *T • amwmn99 I U«« INt. a. fit. • ; DITYof ORONO CrysUl Bay. Mmnesou 55323 SEP'^IC SYSTEM INSTALLERS LICENSE APPLICATION BLILDI.NC i ZONING - 4-3-'35 assessing :ijrev!denrcr«pcrcer?!fl«;ioro; Ho^rie^gl Treatment Workshop attendence y‘’3®.,rovirperiSd. All applications are subject to a ten ( ) y 1. 2. 3. 4. Business or trade name _ Business address _ _ _ _ _ _ _ ®''SSbS^ Business phone Residence phone H 5./.x^nstalTyoe of certification held: __ Site evaluator _ _System desicner Pumper Is this a Provisional Certificate?Certificate No. 6.Tf r^r^ rorMficate is held, provide evidence of attendance at oL of the On-Site Sewage Treatment Workshops held immediately prior to the current construction season. 7. 8. 10. Have you ever held a Septic System Installer license in Orono before? Most recent year ,,/^l'lQ f rrjy QC ^ Have you ever had a license revoked? when? ---------f/A'AVii Where? _ _ _ _ 1311500(^ ;0i CFH TLDo you do Municipal Sewer hook-ups? Yes /- Do you pump out septic tanks? Yes HECK. mcrre.4 25. OC SUBMITTALS REQUIRED: kECEIPT-THm you vS/2V ld^S25.00 license application fee. . . .e ^ 2^^^^2000.00 license and permit bond naming City of obligee. The State Plumbers Bond will not be 3p^$10-50-100,000 minimum Certificate of Insurance.£np. t'>Jl 91U-3U-1UU,UUU niiiixiuiAiu * I-*.. *w—-w w- - - - - - - - - -- - ^ 4i?<topy of current MPCA Certificate or evidence o. at^renaence at On-Site Sewage Treatment Workshop held iromediat-ly prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Oronor Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the xaws of the State of Minnesota and the Ordinan^Lgs of the^ity or Orono. Date 11 Staff recommendation Approval Reason for denial: Applicants Signature ^Denial Date I City Council Action Date Date license mailed _ _ Approved Denied f-;u. I' Iv; r [‘ifll August 29 application PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 19 91_ _ hcCKLUCi, Application Nuld£*L ~ . Rebecs Construction Co. 3525 Webster Ave. St. Louis Park, MN 55416 920-6996 la^dress r 1, rnrnni- Sugar Woods Subdivision in OronoLocation of Parade or Event ----------------------—------------ ,, Vv^nt Minneapolis Home Builders Ifame of Persons and/or Organisations Handling —. . Builders with homes in the Parade of Homes within Sugar Woods------Rebei s Con_t ---------------- " Stainer & Koppelnan — Larry Cramer Co. •flionn niimhrr- 92Q.6996 Steiner & Koppplinan - Urrv Qramr Ca>-= Late of Event Hours o£ r--rn- ^ ~ ’Sac. and Sun. 1-6 p.m._________________9 — ■ 1-way traffic through subdivision during the Pata^ Laeaon or Purpose----------------------- 'Of Hones* with par king on both sides of the street_. insurance coverage See AttacheA Ainount See Attached ...„rv IncC<M»P«»Y l!!ruL/''Men tralrie. HM~ 55344 Agent; Jim Dixon 4 1991 c,; o£3r.nr<:;rTi«r;t;r;r;;iu.;7« .ppu=arion. ^ 1 » ««. o£ •“ °r:Lo*agrn®to^iSld‘’^e tUTof of this permt. ; |Pii9s S^*0O . ■•' ure of Applicant Fee Paid: Late: _, 19 Check Ceeh . Initials RECOMMENDED: Yes Public Safety Director Approved: Yes- - - No Clerk-Administrator Office Use Only: lemarks: V J i 'i ) ■> ■'2NNEL LICENSE APPLICATION Effective Jenaary 1, 19 . ta Sececce Cwnar:-7, Preoertv Address: . (Include city ana zipJ Mailing Address (if different): Phone: (home) (work) BB8ZDBNT1AL Kennel License Information: $25.00 (payment must accompany applicati Maximum No. of dogs to be kept at one time:_^ (over 3 months of age) Principal Breed:,- - --- - - - - - - - -- - --- -~ Purpo.. for -or. than 2 doga: mf 00,3 normally l»pt: J^naide -------^tennel atracture ///It'.W «>raT. K.nn.1 lie.nse Info^tion: $150.00 ^^^(^ymont oust accompany application) ■a Name of Business: Business Accivicies (example: boarding# breeding#veterinary car¥retail/e Normal Business Hours: ii After Hours Contact: (nMe)(phone j Dog runs/exercise areas are:inside cutside cm OF- - FLmCE OFFICE . _ . f. an A » Th. «nd.rai,n.d ».r.by -aha. -PPl^i.d on ^ 09/(O/9 city Jl'^4\Mlon~to TMpecrthe* pVemises prior lieenee duration: and the unaersig including any special license approval. 9/^/9/ Date /7 Bat. BeeoiMends Approval_^(— Denial- - - \ ^ V ♦ ^ . M -i ^rt- .*i- , 'i ’ ^».; S-/'-. -?;''*.V:.- 7H. '** .*•. r !« *• r*. ■ •' A'^'- ■ • T* ••* t- :■ '•« .* . * •m f-: '^l^.i:1 *•* »' *■•'»■ ^■4- ■’>• * ' P’' '•'k P- >'■"1 ■ *«•, !.i 09/01/91 PR CB PRREGOR 104 EMP • NAME DPT 470204924 471689060 474563330 471840871 489044600 475443862 472503991 469526026 476643387 475989721 468821018 468622840 472529007 468701868 507585424 469686562 468420832 460087884 474667812 475380151 477500666 475444249 471569863473141624 475604753 470118449 504260307 472500574 470584708 121262417 475344512476018974 334506281 477028779 473108428 46890953S 476783251 470700601 469846107 475382683 473746173 473606629 469629194 475569177 101268716 267460042 472563051 ABRAHAHSON. FREDERIC P R ANDERSON. BRUCE BOBZIEN. SUE A BOSMA. JAMIE L BOWMAN, ERIK A BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L DELANEY. JANE E OEMBOUSKI. JAY C ENGLISH III. IRVING ERICKSON. DOUGLAS J ERICKSON, KURT R FISCHENICH, DAN T FRITZLER, JOHN M QAFFRON. MICHAEL QERHAROSON. JOHN GOMAN, DAVID J GREGORY, JAMES D HALLIN. DOROTHY M HANSEN, STEVEN C HANSING, CAROL J JOHNSON, BRADLEY P JOSTROM. FOREST J KENNEN, JANICE M KLEVANN JR. PAUL J KNUTSON. CHARLOTTE < KUEHN. THOMAS H L2NDSTR0M. DAVID J MABUSTH. JEANNE A MCTNTYRE, WILLIAM E MILLS JR, WALTER H MOROWCZYNSKI, JAMES NELSON, DAVID D OAS. DANIEL 0 OBEI^AiaNER, SCOTT Q OBRIEN, RANDY L OMAN. LYLE E PALMER, GREGORY A QUASI, WAYNE A RATHBUN, BARRY J ROSS. JOHN A SKREEN. DALE S STEVENS. BETTY G SULLIVAN. STEPHEN X THOMTON. MARK R 474663296 470704604 475505262 468629468 500403162 477881539 TOMCHECK. LAWRENCE TOMCZYK. MARK W VANG, BRUCE L VEE, LINDA S WALTERS. LINDA G WECKMAN. STEPHEN J C/. %0 YTD GROSS CURRENT GROSS 93 847 50 117 50 31 30489 75 1740 37 31 17315 72 958 72 12 10404.76 840.96 61 3472 00 560.00 42 27376 75 1522.88 31 29640.00 1648.00 31 30552.46 1666.66 93 555.00 252 50 31 10557 48 1257 57 31 29738 09 1537 12 93 319 13 135 13 31 25885.22 1426 09 31 27800 25 1537 12 31 28582 97 1599 04 33 25028 25 1392 25 42 34521 66 2240.03 35 811.47 42.42 42 23698 89 1340 45 12 21559 45 1199 28 42 19681.88 1104.05 31 9904 12 519.54 31 28394 96 1461.30 93 1575 00 152 50 31 632 61 218 85 61 2635.00 400.00 15 17234.82 958.71 15 36759.13 2048.08 93 435.00 17 50 33 32015 18 1743 53 93 407.50 117.50 93 2005.53 196 88 31 29082 52 1434 89 35 3234 31 237 46 93 1782.75 126.50 42 17422.83 1000.60 92 20148.13 1023.62 33 25262 57 1392 24 42 17655.75 921 29 92 24435.08 1290.97 92 20651.34 1023.61 93 451.51 36 75 42 20269.50 1051 57 93 21589.47 1200.96 93 2025.00 234.00 31 1884.56 1884 56 31 25611.18 1381 68 31 28544.66 1597.58 31 25865 85 1461.30 33 21050 83 1199 29 12 15157.58 862.88 15 19592.06 ;n56.32 33 16331 96 943 12 53,315 72 f I f. ■ 1991 CITY OF ORONO ^;i. •i'- |S-V'-' ■-^ >' r'"i^'-- U^OL<^ CX-A^CHECK REGISTER 0I-31*91 PAGE CHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV.• P.O. • MESSAGE GC8938 GC8938 09/03/91 09/03/91 1.426 IS 143 00 1.569 IS 0 SAFE BEN SAFE BEN SEPT SEPT 01-1050-000-00 01 -4306-299-72 MANUAL MANUAL •••-CKS HCS919 09/03/91 65 11 65.11 0 ST MN BINDERS 01-4210-129-31 MANUAL MC8920 HC8920 HC8920 HCS920 09/03/91 09/03/91 09/03/91 09/03/91 16 51 7.61 3.36 103.16 130.64 0 MINNEGASCO MINNEOASCO MINKEGASCO MINNEOASCO UTILITIES UTILITIES UTILITIES UTILITIES 01-4324-099-17 01-4324-129-31 72- 4324-549-91 73- 4324-569-92 MANUAL MANUAL MANUAL MANUAL HC8021 09/03/91 23.58 23.58 0 PROEX FILM DEVELOP 01-4210-174-33 MANUAL HC8922 09/03/91 101 99 101.99 0 LUNDS BOX LUNCHES 01-4382-020-11 MANUAL MCS923 HC8923 HC8923 HC8923 HC8923 HC8923 HC8923 HC8923 HC8923 HC8923 HC8923 HC8923 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 643.51 298.28 43.69 124.54 23.23 494.70 23.46 631.44 44.37 113.22 169.82 173.31 2.783.57 0 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 FICA 8/4 01-4142-039-12 01-4142-069-15 01-4142-111-31 01-4142-115-31 01-4142-121-31 01-4142-174-33 01-4142-185-35 01-4142-249-42 01-4142-290-61 72- 4142-549-91 73- 4142-569-92 74- 4142-590-93 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL HC8924 HC8024 HC8924 HC8924 HC8924 HC8924 HC8924 HCI924 HCI924 HC8924 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/01 09/03/91 15.98 4.04 6.36 1.40 5.00 1.48 3.75 48.28 13.50 9.33 109.12 0 ORONO ORONO ORONO ORONO ORONO ORONO ORONO ORONO ORONO ORONO PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH 01-4210-020-11 01-4210-039-12 01-4210-129-31 01-4210-129-31 01-4221-129-31 01-4321-129-31 01-4381-129-31 01-4392-020-11 01-4382-129-31 74-4210-590-93 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL HCI927 09/03/91 1.240.00 1.240 00 0 JO HURR 8ERNHARDS0N DINER 91-3790-000-00 •••-CKS MANUAL HCI928 09/03/91 111.43 111.43 m LUNDS BOX LUNCHES 01-4382-020-11 MANUAL HC8929 09/03/91 45.94 US WEST TELEPHONE 01-4320-129-31 MANUAL I V'- ^:r- pi 'in- n ^'.-- -'^v- hU‘ «:- ‘ft.. ift-. fej:-'Ift. -. *. "r i/':wn ;>iPftv-"r — > 1991 CITY OF ORONO CHECK REGISTER 08-31-91 PAGE 2 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. XNV.1 P 0 i MESSAGE HC8929 HC8929 09/03/91 09/03/91 29 62 46 33 121 89 • US WEST US WEST TELEPHONE TELEPHONE 01-4320-249-42 72-4320-549-91 MANUAL MANUAL HC8930 09/03/91 70.00 70 00 • VISION ENG PROPANE 01-4220-249-42 MANUAL HC8931 »IC893I HC89.’ 09/03/91 09/03/91 09/03/91 7 00 125.00 2,116.00 2.248.00 * MN DEPT REV MN DEPT REV MN DEPT REV JULY SALES TAX JULY SALES TAX JULY SALES TAX 01-3500-000-00 72-2222-000-00 74-2222-000-00 MANUAL MANUAL MANUAL HC8932 HCB932 09/03/91 09/03/91 1,861.11 10.05 1,171.16 • NSP NSP UTILITIES UTILITIES 72- 4324-549-91 73- 4324-569-92 MANUAL MANUAL HC8933 09/03/91 20.00 20.00 * SAFE BEN SPEC BILLING 01-1050-000-00 MANUAL MC8934 09/03/91 49 64 49.64 • LUNDS BOX LUNCHES 01-4382-020-11 MANUAL HC8935 09/03/91 637.23 637 23 • POSTMASTER MAILING 15-4321-651-00 MANUAL HCI937 HCS937 HC9937 HCI937 HCI937 HCI937 HCI937 HCI937 HCI937 HC9937 HCI937 HCI937 HC9937 '■p•ft.. lsl%l.c; ■i.' >■- : . 09/03/91 09/03/91 09/03/91 09/03/9109/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 09/03/91 •••-CKS 96 90 1ST NATL PICA 8/18 01-4142-020-11 MANUAL 270 34 1ST NATL PICA 8/18 01-4142-039-12 MANUAL 298.28 1ST NATL FICA 8/18 01-4142-069-15 MANUAL45.62 1ST NATL PICA B/18 01-4142-111-31 MANUAL 127.15 1ST NATL FICA 8/18 01-4142-115-31 MANUAL 29.92 1ST NATL PICA 8/18 01-4142-121-31 MANUAL494 70 1ST NATL PICA 8/18 01-4142-174-33 MANUAL21 55 1ST NATL PICA 8/18 01-4142-185-35 MANUAL634 11 1ST NATL PICA 8/18 01-4142-249-42 MANUAL70 00 1ST NATL FICA 8/18 01-4142-290-61 MANUAL99 33 1ST NATL FICA 8/18 72-4142-549-91 MANUAL149.00 1ST NATL PICA 8/18 73-4142-569-92 MANUAL192.30 1ST NATL FICA 8/18 74-4142-590-93 MANUAL •••-Chs HC6939 HC6939 HC6939 09/03/91 09/03/91 09/03/91 27.41 22.42 33.22 63.05 • US WEST US WEST US WEST DATA PROC DATA PROC DATA PROC 01-4355-069-15 72- 4355-549-91 73- 4355-569-92 MANUAL MANUAL MANUAL HC6940 09/03/91 405.00 405.00 * lACP CONF 01-4356-129-31 MANUAL HC6941 09/03/91 10.00 10.00 • QV CTY CLUB MTG 01-4356-129-31 MANUAL HC8942 09/03/91 100.00 lACP MEMBERSHIP 01-4380-129-31 MANUAL. i 1991 CITY OF ORONO CHECK NO. DATE AMOUNTHCS943 W>:: V ■: W: "V. CHECK REGISTERVENDOR item DESCRIPTION OS-31-91 PAGEACCOUNT NO INV. 4 P.O. I MESSAGE09/03/91 100.00 •134.00 SAFE BEN 134.00 • 7.309.77 FUND 01 TOTAL937.23 FUND 15 TOTAL2,270 77 FUND 72 TOTAL485 25 FUND 73 TOTAL2,490.94 FUND 74 TOTAL1,240.00 14.613.96 FUND TOTAL 91 TOTAL SPEC 0ILLINO 01-1050-000-00 MANUAL GENERAL FUND BUILDNQ CAPITAL OUTLAY F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD GENERAL FIXED ASSETS •*‘-CKS ll i i ISWdM . “t, •. i « !' j 1-. ^ i f J I 4 V:/- 1991 CITY CHECK NO O#w #••••* 752020 :;s202o :'52020 :'52020 252020 • • • • ■ •••••• 292040 292040 292040 292043 292099 292091 ■'itfc. OF ORONO DATE 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 W' AMOUNT 8 29 8.28 SO 90 90 90 88 229 00 83- 93 93 70 S3 252026 09/04/91 119 50 119.50 [252030 09/04/91 24.89 252030 09/04/91 24.89 %■ 252030 09/04/91 32 50125203009/04/91 24 89L25203009/04/91 24 89 252030 09/04/91 24.89V If'156.95 252031 09/04/91 4 64w252031 09/04/91 19.48 23.12 i.;- ■ W ’•••••• It..-.'252037 09/04/91 29 78 252037 09/04/91 60.22 90 on 212 96 • 0 00 ■• .00 • 249.00 41.00 297.00 * CHECK REGISTER VENDOR ITEM DESCRIPTION ATA» INFO 6YGTCM- IvtiMr* P/a) 0i<3aigl»4 tu(rrctriey AMERICAN NATL AMERICAN NATL AMERICAN NATL AMERICAN NATL AMERICAN *TL BANK BANK BANK BANK BANK APPLIED GRAPHICS INC AUQIES MOBILE CHEF AUQIES MOBILE CHEF ARMOR LOCK BIFFS INC BIFFS INC AGENT FEES 8/15 AGENT FEES 8/20 AGENT FEES 8/20 AGENT FEES 8/20 AGENT FEES 8/20 LETTERHEAD DONUTS SANDW1CH3 79.96 APACHE PAPER CO c FOLD TOWELS53.24 APACHE PAPER CO c FOLD TOWELS79.96 APACHE PAPER CO c FOLD TOWELS REPAIR LOCKS 0 BIFFS 1 BIFFS ACCOUNT NO. INV 01-4324-249-42 42-4630-907-00 72-4630-909-08 72-4630-909-88 72- 4630-909-88 73- 4630-910-09 01-4322-129-31 AT &T INFO SYSTEM DATA PROC 01-4340-059-14 AT &T INFO SYSTEM DATA PROC 01-4340-069-15AT6TINFOSYSTEMDATA PROC 01-4340-129-31ATATINFOSYSTEMDATA PROC 01-4340-129-31ATATINFOSYSTEMDATA PROC 01-4340-174-33 AT A T INFO SYSTEM DATA PROC 01-4340-249-42 AT A T COMM TELEPHONE 01-4320-039-12ATATCOMMTELEPHONE01-4320-129-31 74-4802-591-94 74-4002-591-94 01-4231-099-17 01-4231-129-31 74-4231-590-93 01-4342-129-31 01-4331-290-61 01-4331-290-61 09-09-91 PAGE I 9 P.O. 9 MESSAGE •••-CKS •••-CKS •••-CKS •••-CKS • • •-CKS •••-CKS • • •-CKS •••-CKS . 1991 CITY CHECK NO OF ORONO DATE AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 09-09-91 PAGE ACCOUNT NO. INV. ■ P.O. • MESSAGE 252070 252070 252070 252070 252070 <520n —fnm 252081 252091 252093 252095 252095 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 976.50 2,919.74 4,202.62 663.11 403.25 9.165.92 * 46.08 i;214.67 15.47 *9^ 14.70 51.60 66.30 • 1,557.19 1,557.19 • lb..25 19.00 250.25 * BOARHAN & BOARMAN A BOARMAN A BOARHAN A BOARHAN A ASSOCIATES ASSOCIATES ASSOCIATES ASSOCIATES ASSOCIATES BONESTROO ROSENE ASN ■AWgWE- AS1T BONESTROO ROSENE ASN BONESTROO ROSENE ASN BLACKS PHOTOGRAPHY BLACKS PHOTOGRAPHY BRYAN ROCK PRODUCTS BUDGET PRINTING BUDGET PRINTING OUTREACH PROCESS AUG PUB WRK DISGN AUG CITY HALL DISGN AUG CITY HALL REIM EXP PUB WRK REIM EXP CONTRACT ADMN JUNE tHSH> PUHPtlSf 5 'JUNE INSP PUMPHSE 3 JUNE CONTRACT ADMN JUNE FILM/DEVELP FILM/DEVELP ROCK RECEIPTS BOOKS NO PARK SIGNS 15-4306-651-00 15-4306-651-00 15-4306-651-00 15-4399-651-00 15-4399-651-00 72-4306-436-84 ■> PE«y30B’»459-65 72- 4306-437-85 73- 4306-434-82 01-4210-129-31 Cl-4210-174-33 01-4233-249-42 01-4322-129-31 01-4322-129-31 A A ft -CKS •••-CKS •••-CKS ’•••-CKS 252110 09/04/91 134.00 114.00 * CHAPIN PUBLISHING FAC FRONTAGE RD -4323-651-00 •••-CKS ft ft ft -CKS ■ 1 - i«." 252124 252143 252143 143 m. 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 353.70 353.70 • 1 8 25 16 3 43 6 20 1 2 9514 65 85 40 12 99 19 42 13 COCA COLA VENDING COMMERCIAL CO»t«ftClAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COPt€RCIAL COMMERCIAL COMMERCIAL COftCRCIAL POP 74-4802-591-94 LIFE/QRP SEPT INS 01-3872-000-00LIFE/GRP SEPT INS 01-4152-039-12LIFE/QRP SEPT INS 01-4152-069-15LIFE/QRP SEPT INS 01-4152-121-31LIFE/GRP SEPT INS 01-4152-126-31LIFE/QRP SEPT INS 01-4152-129-31LIFE/QRP SEPT INS 01-4152-174-33LIFE/GRP SEPT INS 01-4152-249-42LIFE/QRP SEPT INS 72-4152-549-91LIFE/QRP SEPT INS 73-4152-569-92 ft ft ft -CKS 1991 CITY OF ORONO CHECK NO. DATE 252143 09/04/91 252187 252199 252240 252244 2S2297 252272 252214 252303 252301 252301 :' 09/04/91 252334 ■ 252335 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 01/04/91 09/04/91 09/04/91 AMOUNT .85 130.69 * 105 00 105.00 • 5.650.00 5.650.00 * 48.90 48.90 • 11 50 11.50 • 920.00 920.00 * 243.89 243.89 • 13.00 13 00 * 1,914.00 1,914.00 * 53.32 170.10 223.42 * 8 00 8.00 • 93.00 CHECK REGISTER VENDOR ITEM DESCRIPTION COMMERCIAL LIFE/GRP SEPT INS EAST SIDE BEVERAGE ROLF E ERICKSON FRITZLER J MARK BUSINESS RECRDS CCRP GOLF CAR MIDWEST G & K SERVICES HAPPVS POTATO CHIP HENN CTY FIN DIV HENN CTY SHERIFF DPT HENN CTY SHERIFF DPT INNOVATIVE MICROQRAP ILLIES A SON BEER SEPT FEE BOOTS FORMS GOLF CARTS UNIFORMS CHIPS JULY ROOM/BOARD JULY^BOO...<G FEE COPIES DIRT 09-09-91 PAGE 3 ACCOUNT NO INV. 8 P.O. • MESSAGE 74-41*2-590-93 7 •91-94 01-4307-0 9-14 01 -4221-129-3 01-4210-039-12 74-4331-590-93 01-4221-24. 42 74-4802-591-94 01-4358-080-16 01-4342-129-31 01-4358-080-16 01-3500-000-00 01-4233-249-42 •••-CKS •••-CKS •••-CKS N • •-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS PIP?m'1091 CITY or ORONO m Uv .1 n r-;- ■. : \ 'V'-. ‘%a, 0.>r' CHECK REGISTER CHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 83.00 • 2S2370 09/04/91 24.00 24.00 • JIM HATCH SALES CO EAR PROTECTORS 01-4232-249-42 252315 09/04/91 30.33 30.33 • KFAVCNYS DRUG SUPPLIES 01-4210-249-42 252397 252397 252397 252397 252397 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 7 62 57.71 2.98 30.90 23.82 123.03 • KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS h. • EAGE AUG MILEAGE AUG MILEAGE AUG MILEAGE AUG MILEAGE AUG 01-4361-039-12 01-4361-069-15 01-4361-129-31 01-4361-174-33 73-4381-569-92 252404 252404 252404 252404 252404 252404mi& 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 67 60- 67.60 49.32 49.32- 49.32 116.76 32.66 16.26 219.26 • THE LAKER THE LAKER THE LAKER THE LAKER THE LAKER THE LAKER THE LAKER THE LAKER ADSADS ADS ADS ADS ADS ADS FAC MTG 01-4323-039-1201-4323-039-12 01-4323-039-12 01-4323-039-12 01-4323-039-12 01-4323-174-33 01-4323-249-42 15-4323-651-00 252423 09/04/91 35.00 35.00 • LEAGUE OF MN CITIES SUBSCRIPTION 01-4240-249-42 252437 252437 09/04/91 09/04/91 IS P6 71.00 66.96 • CITY OF LONG LAKE CITY OF LONG LAKE LIFT STAT LIFT STAT 01-4325-249-42 73-4344-566-92 it**** 252439 09/P 91 19.72 19.72 • LONG LK FORD TRACTOR PART 01-4232-290-61 A • t • 252441 252441 09/04/91 09/04/91 15.00 10.75 25.75 • LONG LAKE TIRE SERV LONG LAKE TIRE SERV MOUNT TIRE TIRE REPAIR 01-4341-249-42 72-4341-549-91 09-09-91 PAQC • * ■•CKS % •••-CKS •••-CKS • * ••CKS •••-CKS • « •-CKS •••-CKS •••-CKS •••-CKS .-Vi^ 1991 CITY or ORONO •••••* 2S2490 252490 252490 252490 •••••■ 252495 252499 252499 252522 •••••• 252537 252537 •••••a 252592 252562 252562 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 16 7 2 145 171 57 33 63 34 67 24.91 24.98 • 129.36 24.87 154.23 32.00 32 00 • 38.40 3.00 41.40 • 349.88 48.08 314 53 CHECK REGISTER CHECK NO.DATE AMOUNT VENDOR 252477 09/04/91 20 94 MIDWEST BSNS PROD 252477 09/04/91 1.66 MIDWEST BSNS PROD 252477 09/04/91 1.86 MIDWEST BSNS PROD 252477 09/04/91 30.24 MIDWEST BSNS PROD 252477 09/04/91 1.86 MIDWEST BSNS PROD 252477 09/04/91 1. 86 58.62 • MIDWEST BSNS PROD 252480 09/04/91 2,553.01 2,553.01 • MIDWEST ASPHALT 252485 09/04/91 13.50 MPLS OXYGEN CO 252485 09/04/91 31.50 45.00 • MPLS OXYGEN CO MINNCQASCO MINNEQASCO MINNEQASCO HINNCQASCO MN BENEFIT ASSN MN CELLULAR TELE MN CELLULAR TELE MTI OIST CO MORAN MARK MORAN K RK NSP NSP NSP ITEM DESCRIPTION OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ASPHALT DEMURRAGE DEMURR/GE UTILITIES UTILITIES UTILITIES UTILITIES SEPT INS TELEPHONE TELEPHONE BASKET ^.•vKINQ ^^kKZNQ UTILITIES UTILITIES UTILITIES 09-09-91 PAGE 5 ACCOUNT NO. INV. i P.O. i MESSAGE 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 039-12 059-14 069-15 129-31 174-33 249-42 01-4233-249-42 01-4232-129-31 01-4232-249-42 01-4324-099-17 01-4324-129-31 72- 4321-549-91 73- 4324-569-92 01-4151-129-31 01-4320-129-31 01-4320-249-42 74-4 2-590-93 01-4306-129-31 01-4381-129-31 01-4324-099-17 01-4324-099-17 01-4324-129-31 • a a -CKS ***-CKS a a a -CKS •••-CKS •••-CKS •••-CKS •••-CKS a a a -CKS 1991 CITY OF 090N0 CHECK REGISTER CHECK NO. DATE 2S2592 2S2562 2S2562 252592 252562 252562 252562 252562 252562 252562 252562 252562 252562 252595 252582 252597 252621 252621 252621 252621 252628 252628 252628 252628 292628 252628 252628 252628 IsISIS 252628 252628 mikfmB ■f'-.v,., 1:,-i'V.-p jiV 4 UTJ-- 09/08/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 AMOUNT 2 10 182 6 17 6 1,835 37 34 148 8 669 91 3,763 .91 .35 .87 .99 .51 .99 .07 .10 .41 .17 74 .00 .35 .96 1.098.80 1,098.80 * 33.98 33 96 3,897 79 3,897.79 • 1,109 7,713 841 476 306 85 1,726 510 104 284 556 284 252 232 40 71 14,573 CO .20 .50 .57 .90 .00 .47 .00 .70 .00 .00 .00 .60 .00 .00 .20 .14 43.35 43.35 86.70 * VENDOR ITEM DESCRIPTION NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP OMAN/LYLE PUBLIC EMPL RET ASSN PRAIRIE OFFSET PRAIRIE OFFSET UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ST LOTS MILEAGE PERA 0/19-9/1 POPHAM HAIK A ASSOC LEGAL RETAINER JULY POPHAM HAIK A ASSOC LEGAL PROSECTNS JULY POPHAM HAIK A ASSOC LEGAL HRA FORMATION POPHAM HAIK A ASSOC LL ANNEX JULY POPHAM HAIK A ASSCC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL APPL JULY POPHAM HAIK A ASSOC CITY HALL LAND> ACO POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAl CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY POPHAM HAIK A ASSOC LEGAL CONSULT JULY RESOLUTION RESOLUTION ACCOUNT NO. INV 01-4324 01-4324 01-4324 01-4324 01-4324 01-4324 72-4324 72-4324 72- 4324 73- 4324 73-4324 73- 4324 74- 4324 175-34 249-42 249-42 290-61 290-61 290-61 549-91 549-91 569-92 569-92 569-92 569-92 590-93 01-4325-249-42 01-4381-174-33 01-2031-000-00 01-4301 01-4302 01-4303 01-4303 01-4303 01-4303 01-4303 15-4303 24-4399 24-4399 24-4399 24-4399 24-4399 24-4399 72- 4303 73- 4303 080-16 080-16 080-16 080-16 080-16 249-42 840-71 651-00 414-00 454- 00 455- 00 456- 00 461- 00 462- 00 436-84 434-82 01-4322-039-12 01-4322-174-33 09-09-91 PAGE 6 . • P 0. • MESSAGE •**-CKS • • *-CKS * • ■-CKS •**-CKS •‘•-CKS CHCCK NO 2S2662 2S267S 252675 252719 252740 252740 252752 252776 252711 252716 t • a « ft 4r m mm ms. m. i 81511 m 2621 St.- 115 OF ORONO CHECK REGISTER DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV 09/04/91 146.10 146.10 m REED VENDING CANDY & CIGS 74-4802-591-94 09/04/91 09/04/91 1.035.33 2.027.30 3.062.63 0 ROLLINS OIL CO ROLLINS OIL CO GASOLINE GASOLINE 01-1260-000-00 01-1260-000-00 09/04/91 151.95 156.95 ft DIXIE PETRO-CHEM CHEMICALS 72-4234-549-91 09/04/91 09/04/91 44.95 45.65 90.60 II STREICHERS STREICHERS BELTREPR FLASHLGT 01-4221-129-31 01-4342-129-31 09/04/91 306.48 306.48 ft SUBURBAN TIRE INC TIRES 01-4232-290-61 09/04/91 52.50 52.50 ft THORPE DIST CO BEER 74-4815-591-94 09/04/91 592.05 562.05 ft TONKA EQUIP CO PARTS 72-4232-549-91 09/04/91 767.00 767.00 ft TRl STATE PUMP ANNUAL INSPEC 73-4344-569-92 09/04/91 17.95 17.95 ft UNIFORMS UNLIMITED BELT 01-4221-129-31 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 76.43 76.43 39.21 170.63 56.61 US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMUN US WEST COMMUN TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE 01-4320-039-12 01-4320-059-14 01-4320-069-15 01-4320-129-31 01-4320-129-31 V r ■' ‘ 09-09-91 PAGE •••-CKS •**-CKS * « 0 -CKS -CKS AON -CKS NON -CKS •••-CKS ••^-CKS •••-CKS •••-CKS j } j I-'^.*-1991 CITY CHECK NO OF OftONO DATE 252919 252115 252115 252115 252915252915 252915 252945 •••••• fc?' v; 252907 i. - N|p#' W0'--^ •¥• .. r .-/A' ^- V"mkrV*» <-'■ f 'h'*m-'^t 09/04/91 09/04/9109/04/91 09/04/91 09/04/01 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09l(04/91 ■0 AMOUNT 71.43 59.32 71.43 11.77 27.45 78.74 124.20 813.85 ‘ 18.46 18.46 ‘ 120.00 120.00 1.658.72 1.658.72 20.34 20.34 45.00 45.00 • 39.00 39.00 • 2.28 2.28 • 4vM4i»>- 1.7U 4t7 • CHECK REGISTERVENDOR ITEM DESCRIPTION ACCOUNT NO. INV US WEST COMMUN TELEPHONE 01-4320-174-33 US WEST COMMON TELEPHONE 01-4320-175-34 US WEST COMMUN TELEPHONE 01-4320-249-42 US WEST COMMUN TELEPHONE 72-4320-549-91 US WEST COMMUN TELEPHONE 73-4320-569-92 US WEST COMMUN TELEPHONE 74-4320-590-93 US WEST COMMUN ADV 74-4323-590-93 WECKMAN STEPHEN MILEAGE 01-4381-174-33 EN6FER AUTC.CTIVE CHECK SOD SPEEDO COMTECH CONSTRUCTION NORTH STAR TURF PIPE/CULVERT PART HN CHIEF OF POLICE EULLS MFQ CO INC MTG CATCH BASINS HENN COUNTY TREAS BAL DUE RE TAX ■AWEttOAN^ NATt-OANK r7 24306894 86 — 01-4341-129-31 01-4233-249-42 74-4232-590-93 01-4356-129-31 73-4344-569-92 72-4383-437-85 38,589.79 FUND 01 TOTAL GENERAL FUND 9,921.20 FUND 15 TOTAL BUILDNQ CAPITAL OUTLAY F 1.993.30 FUND 24 TOTAL PERM IMPROVE REVOLVING F 50.00 FUND 42 TOTAL 1966-76 IMP BOND D/S FUN WATER OPERATING FUND4.050.01 FUND 72 TOTAL 2.147.02 FUND 73 TOTAL SEWER OPERATING FUND 2,107.94 51.495.99 FUND TOTAL 74 TOTAL GOLF COURSE OPERATING FD 09-09-91 PAGE 8 P.O. f MESSAGE 8 •**-CKS •••-CKS V-CKS •**-CKS •••-CKS te' ill.-. ipSi'w- F m§ |IS.fc- liM: USER 4 ACCOUNTING 00 1991 CITY OF NUMBER OF NUMBER OF NUMBER OF LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL REPORTORONOREPORTSUPDATES RECORDS 1 2 3 4 5 6 7 t 9 0 TOTAL GEMUNIS FINANCIAL SYSTEM590 1,024 0 0 0 34 0 0 1 0 2 1,063 UPDATE DESCRIPTIONS SUMMARY FILE PAYROLL BENEFIT ACCRUAL ACTIVITY REPORT CHECK REGISTER TRIAL BALANCE BALANCE SHEET REVENUE STATEMENT OPERATING STATEMENT BUDGET WORKSHEETS CLEAR-CURR-MONTH CITY FILE OPTION PROJECT DEPARTMENT CHART OF ACCOUNTS MO. CHECK RECONCILE YEAR TO DATE PERIOD BUDGET RECORDS CREATED 00 A 0 3 0 0 0 0 0 0 0 X 0 08 09/04/91 PAGEFINANCIAL REPORTS SCHEDULED RUN DATE REPORT DATE 000000 000000 ACTIVITY REPORTS SCHEDULED RUN DATE REPORT DATE 090491 090991 PAYROLL POSTING OATES 000000 000000 000000 000000 •a 4 mf-s . te'."' te sf-M, ki"" iffe: |l?i 0i 'm AULH V& r COUNCIL MEETING SEP 8 1991 CITYOFORONO .V i'.' iiK^ R' '^7;: f- ••• >-1 •m--m'r- 'w p...m' i' B:- te t i^:L ka ■'?’»■ Pik1*^ ifc‘ ■ te. f^a'- MINUTES OF THE ORONO PARK COM/AISSION MEETING HELD ONAUGUST 6, 1991 ROLL CALL The Orono Park Commission met on the above date with the following members present: Park Commission Chair Richard Flint, and Park Commission Members Susan Wilson, Phil Bradley, Bruce Kokal and Alex Vongries, Les Kelley and Stephen Johnston were absent. The following represented the City staff: John Cerhardson, ,^cting City Administrator arrived at 7:30 p,m,, and Teri Naab. City Recorder, Dick Flint called the meeting to order at 7:15 p.m. (#1 & 2) APPROVAL OF MINUTES Wilson noted that on Page 1 of the June 3rd minutes. the last word should be changed to backhoe, not backhole. Also on Page 1 of those same minutes, the last sentence of the first paragraph under "Bederwood Park Plavground Equipment", the sentence should read "another vendor was asked to submit a bid. however, they chose not to submit the bid. It minutes nays U. was of moved by Wilson, seconded by Bradley to approve the June 3. 1991 with the changes noted above. Ayes 5, It was moved by Wilson. seconded by Kokal to approve the minutes of July 2. 1991 with all corrections made which are noted on the draft copy. Ayes 5. nays 0. (#3) ORONO SEWER PONO PROPERTY Chairman Flint noted that this item involves the study of the sewer pond property and what potentially the Park Commission would like to see the property used for. Wilson noted that an appraisal had been done for the City indicating a $275,000 value. This appraisal does not break the property into individual lots for development. She noted there are pictures in the appraisal report from 1989 and noted how much the property has changed since that time. Wilson explained there is a pump station within the boundaries of the property and the pump and the land surrounding it are owned by Metro Waste. The appraisal indicates there is a total of 36.7 acres, including the pond, of which 13.75 is dry land. This property is in a 2 acre minimum zoning district. The City is in the process of restoring the sewer pond to its natural state. Council wants a recommendation from the Park Commission as to what they wish to do with the property. Chairman Flint displayed maps of aerials which he had gotten from City Hall with conceptual layouts of single family development drawn in by staff. 'ite ■‘3 i fV ' rT' I- HINUTSS OF THE ORONO PARK COMMISSION MEETINO HELD ONAUGUST 6. 1991 ORONO SEWER POND PROPERTY cent. Wilson indicated that sene of nha p.ans she” tne *ines through lands not currently owned by the City. Chairman Flint noted that Plan 44 :attachea to the minutss as Exhibit 4) would bring the road to tr.c east eogc of t-.e pon- for access to the rear sites. This plan would require filling to meet the 2 acre minimum. Plan #5 (Exhibit 5) proposes to run the road behind the sewer plant on a very narrow easement for the road. Brad Peterson of 2160 Shevlin Drive questioned if the "remark” notice on the map indicated removal of the di/.e. Wilson agreed that it did. Chairman Flint explained Plan #6 (Exhibit 6) would bring the road to the east of the property. Mr. Peterson noted that the City has been using portions of this site for dumping of asphalt, debris, etc. and doubted very much if it would pass any type of soil boring test ror buildebility. Chairman Flint explained that Plan (Exhibit 7') is a copy of 1940 aerial and gives a feel for the configuration o.. t..e land prior to the sewer pond being built. Mr. Peterson noted that he recently read in the newspaper that the City is placing a moratorium on all lakeshore development and asked how this would affect this property. John Shardlow, of Dahlgren Shardlow and Uban, explained that the City is currently looking at amendments to their shoreland regulations and is developing a model ordinance to adopt in cooperation with the DNR's regulations. Orono wants to be more restrictive than surrounding lakeshore communities. Currently the ordinary high water mark (OHM) has not been established for certain lakes within Orono. If French Lake is indeed one of those lakes, then the City would look to the DNR for help in determining the OHM for that lake, which essentially affects the sewer pond*property. Chairman Flint noted Plan #8 (Exhibit 8) shows a plan of the facilities that has been chosen for the site. Plan ♦! (Exhibit 1) shows property to the north partly developed with outlets going east/west and north/south. There is iilso a cul”de—sac which connects from Fox Street. r'..fe-. .7 .1.;; i'"' fcf- ■KAf tiA ’ f A fK;- % f' tv-. .V F--:- ^ fe: %■m, a.'.’ ■IV. V pr' r •Hf'-'m- fV ^-'VV' ,-irr it’- ■■• tT'w: ... - - W-■K%i: ■fY :fe. V-r.^ &•Iv-r... fK.;- ■T^v^i.YV- MiHUTlfl OP THE ORONO PARK COMMISSION MEETING HELD ONAUGUST 6. 1991 ORONO SEWER POND FROPERTY cent. Mr. Shardlcvj indicated that he :.*cu*d lihe the Ccr.r.iacicn tcj 1 ; u 3ive him seme idea of what they wcuid like to ceo trorr. him. Ho noted that the accuracy cn the soil information lo not detailed, and perhaps tnere wao .more infor.maticn in the appraisal. Gerhardsen noted that the amount of dumping the t n • w • placed there amounts to about 2C0 yards c be removed. r less and could easi • «» ▲ j Chairman Flint noted that with any purchase agreement, soil conditions would have to be explored. Gerhardson noted that the City has already had two soil borings done on the site in anticipation of the new facility being built there. They were dene on the two higher portions of the property. Bradley noted that he finds it hard to believe that anyone would pay $75,00J to live next to the noisy pump station operation. He noted t e day he was out there, they were checking tho alternator and it was extremely loud. Chairman Flint also noted that periodically trucks visit the site for inspections. Gerhardson explained those are smaller inspection vehicles and on occasion, larger trucks are cn the site. Bradley felt that the appraisal was not true or accurate. Chairman Flint expressed his feelings and hopes to see a passivo'^type park, perhaps one lot developed in the lower corner, parking to the south of the pond, and a trail to the north leading to picnic sites. He noted that the other plans may preserve the wetlands, but do not offer the public any type of access. Mr. Shardlow explained if he were retained to do a study of the area he woul prepare a summary of analysis showing problems and opportunities for the site. He felt the Commission needed more information to make any type of decision and felt that schematic sketches might help to see the overall picture better. Chairman Flint asked about the cost of such service. Mr. Shardlow felt it would take about 10 hours of time and perhaps be between $300-500. Vongries questioned what, exactly they would get for their money. . . .. r ■ fe- % n’. - t;:v: ■ !'■ rf':t^- 'P- #-'• P 'i:. t-' ^:nf' Vi:'": i^- ■|Vr I: fefi:^’ 1^ w:S;/J-X.: . i»- i"- |f•;% MINUTIS 0? THE ORONO PARK COMMISSION MEETING HELD ONAUGUST 6, 1991 ORONO SEWER POND PROPERTY cont. Mr. Shardiow acai:i noted the schematic lay analysis ..nd features on land v;it.h limitations. w4 la »w . I liS • vA ▲. * w ^ Bradley ashed if soil boring results could cc ir.corpcratac. within report as a loch or feasibility for develop.ment. Chairman Flint asked about tying in the bike/hike trail. Vongries questioned why this would be considered when the trail can go through the park that already exits in the area. Wilson noted that the trail around the lake should be very low-keyed, not a highly used bike trail v;hich would tend to deter wildlife in the area. Chairman Flint noted that the current proposal for the bike/hike trail is a S' wide, bituminous trail going two way. Mr. Peterson felt that the Commission should look to the City's Comprehensive Management Plan for direction on hov; to dnvelop the property, as the CMP indicates what Orono as a whole wants. Wilson expressed her desire to set aside as much land as possible, and to put little if anything there to protect the wildlife in the area. Vongries stated his opinion as there is a park very close to this property and also land which the County owns which could be utilized better for park area. He feels the property should perhaps be developed as residential. By setting the ..and as- e, the City is basically expending money, perhaps not on the type of park Orono residents wish to see. He also felt that other City p^]^ks were underutilised and not appreciated much by the residents so why set a.'“'de more land and take off the tax roles. He felt that perhaps the County should be c.hallenged to do something with the property directly across from Noerenberg Park. Bradley felt that a study should be done. He also felt the possibility exists to detour the bike/hike trail through the property. He felt that with pending subdivisions in the area, there is less land available for habitat. Kokal noted he felt unprepared at this point to make a determination. He felt that there is plenty of land for wildlife, and was not sure of the buildability of the property, the water quality. He likes the concept of walk areas and some homes developed. V* ;V MINUTES OP THE ORONO PARK COMMISSION MEETING HELD ONAUGUST 6, 1991 ORONO SEWER POND PROPERTY cent. Chairr.an Flint prefers tc see it kept as a natural area, but felt that all the property is not needed tc do sc. Ke felt tha*- if the City develops the property, controls. it tan Pe dene vrit.t stricte« 4-V> Mr. Shardlovj noted that this kind of discussion is why the City needs a comprehensive park plan to look at potential development areas and determine what is needed now and in the future. He feels a more comprehensive study should be done at this time showing schematics for both passive park land and low to higher density development. He noted that he could supply the Council with a quotation by their upcoming Monday meeting for the additional items requested. Mr. Petersen asked if Mr. Shardlcw 'DNR in developing this data as the protected DNR waters. ould coordinate with the pond is classified as Chairman Flint asked Mr. Shardlow tc indicate briefly some of the projects he has worked on in the past for the City. Mr. Shardlow noted the following: Comprehensive Management Plan, soning regulations, CMP a.r.endment for the Highway 12 corridor, Navarre area redevelopment, and is currently working on Highway 12 alignment study and shoreland regulations. It was moved by Chairman Flint. seconded by Bradley. that Alex Vongries will present Mr. Shardlow*s proposal to Council, and to ask the Council to approve expenditures of $500-700 for schematic plans Ayes 5, nays 0. (tS) CITY PROPERTY asChairman Flint noted that this issue has not been pressing as the dollar figures are relatively low compared to the sewer pond property. iGerhardson questioned whether they would be interested the property adjacent on Propect Avenue which is currently up for sale for $25,000. He noted that the neighbors have indicated they would like a neighborhood-type ball diamond since the one at Hill School is no longer available. This would mean that it would not meet little league standards. Wilson wanted to know if this proposal is more popular than a tennis court and where did the idea of a ballfield come from. She also felt that if a tennis court were installed, the adjacent property would not be necessary to purchase. Chairman Flint felt a public hearing should be held to get tho neighbors' input. ^ ^ ' ■■. r "W- u •V J •:r. .;^ I ^0-* [> I >^. r .>>• / ^1;-' %:pr f^- w. ■V- \t' t?. L* - • :•»; W »• fe- ^r-- . MINUTES OF THE ORONO PARK COMMISSION MEETING HELD ON AUGUST 6, 1991 CITY PROPERTY cont. Kokal wanted know which area the hacs'.all1 1 f i Id cove:. Gerhardson expiainec i .-trage shed. ult be in the location or w •- ‘r A i. ^ 4 %Wilscn suggested tr it Council he notified that the Jommissicn is interested in the land for park purposes, but nc specific use has been established and the Co:nnji3oion feels a public hearing would be in order. Vengries stated his opinion that according to the rr-'nt survey done on park use in O’" c the 1980 position of no r.cre pnj^]<3 should be adhered to as tnose already in existen 'e are no*, being used to their fullest capacity. He noted that everyonn is jumping the gun by automatically assumin; the land will be ised for park purposes and now .:pecific uses are being establisr.ed. (#4) BEDERWOOD PLAYG'.dOUND EQUIPMENT Gerhardson noted that the price just for the equipment is $10,370.00. The City would have to go out and get bids on the installation. Chairman Flint asked about this being a Community project with the Public Works staff helping to install. Btadley asked what the liability would be for the City’ if this were dona. Gerhardson noted that volunteers could not be used w.^thout constant supervision because of the need to make the play equipment as safe as possible. Kokal felt the bid is very expensiva for what we are getting and vanted at least 3 bids to choose from. Gerhardson explained tt is impossible to go to^ other companies and get the exact same equipment, therefore it is very hard to compare. Br idley fel'. that there has c be more than one -.uprlier of playground equipment. Chairman Flint noted tha*' Steve was ’oing to find three bids on installation which were pro ,ded. O0j^hardsoi) noted he has two catalogs from supplier. which the Commission can look through and compare. >v. u i I H’^ ■: ■;*■ < •'= ■ MINUTES OF THE ORONO PARK COMMISSION MEETING HELD ONAUGUST 6, 1991 BEDERWOOD PLAYOROUND EQUIPMENT cent. It wa3 moved bv Eradle/. -ecorded by V/ilsor. matter pending the receipt the catalcijs different suppliers. Ayes 5. nays 0. table this review the (#7) COMMUNITY EDUCATION ADVISCRY MEETING gj-adley noted that he went tc one -i these meetinos couple of year" a^s and felt that it was a waste of time. Wilson brought up the need to reappoint someone from the Commission to cover community education functions as Kelley is currently suffering from health problems and Gilbert has resigned. Kokal volunteered to contact Gary Larson of the Little League* Association. (*5) HIGHWAY 12 Gerhardson explained the City Council's position on Highway 12. The Council wants Highway 12 to be upgraded to a four-lane, not a freeway, within the current corridor. Chairman Flint felt it would be a gcod idea to adopt a resolution in support of the Council's position. It ».^as moved by Vengr ^ he Council the ’’ark C position on Highv ccr seconded by Kckal. .ission's endorsement ior. Ayes 5, nays J. tc snpreoo tc the Cityof ATTENDANCE Chairman Flint, at the request of another member, brought up the fact that meetings have been starting later and later, and hopes everyone will make a better ef£o._ to be or ti.me here on out. ADJOURNMENT The meeting was adjourned at 9:35 p.m. The next scheduled mooting for tho Pork Commission is scl duled for WEDNESDAY, SEPTEMBER 4, 1991 ot 7:00 p.m. Richard Flint, Chair Person - S5' I; * K".P' ifc'I? U:iI'.-fe;•K Kti- :y- :'■' ' f-i\ ;y &■ r-wr MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUQ'JST 19, 1991 ATTBNOANCE 7:00 P.M. The Orono Planning Commission .rat on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Ed Cohen, Jeff Johnson, Sara Moos and Charles Schroeder. Candace Rowlette was absent. The following represented City staff: Jeanne Mabusth, Building & Zoning Administrator; Michael Gaffron, Assistant Planning & Zoning Administrator; ana Teri Maab, City Recorder. Council Representative Ed Callahan was also present. Gabriel Jabbour of the City Council was present. (#1) ZONING FILE #1668 CITY OF ORONO OLD CRYSTAL BAY RD N PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:11 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Mabusth explained that this is a 2-lot plat of Lot 1. Willow Properties Addition and is located in the northeast quadrant of Old Crystal Bay Road North and Highway 12. A previous subdivision created ? 60’ wide roadway providing a future connection to Willow l 've. The northern lot is the proposed site for the City facilities. The southern lot will not qualify for a PUD as it does not have 5 acres. Drainage in this area is a major concern. All access to these properties will be provided off Outlot A, with perhaps one additional curb cut a minimum of ISO* north of the road outlot Intersect ion. There were no public comments on this application. Mabusth indicated that the designated wetlands on the site is at approximately the elevation of 1019. The dry buildable acreage is li.8; total lot area is 14.1 acres of which 2.28 acres of It Is wet. Bellows questioned the iS'- j of ownership as it relates to the subdivision. Mabusth noted the application has been signed by the owner. Callahan Indicated that this Issue has been taken care of. Bellows questioned the topic of retention on the site and Indicated that It has not been addressed by the Design Committee to date. She wanted to know how serious the drainage f-oblem is as this may place restrictions on the building envelope. i- Im ii" 1 fi ■'i' i- MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 ZONING FILE #1668 - CONT. Mabusth noted that the Directors of the Watershed District suggested in a preliminary report that filling will need to be done; at least 1-2' above the 1018 elevation. They have also stated that elevations below the 1018 elevation should not be filled. If there Is excavating within the 1018 elevation. a conditional use perinlt/variance application would have to be filed. The drainage from the school can be addressed with grading. The question for the City is how restricted the building envelope will be with this filling. Kelley noted that from the beginning it was his understanding that variances would not be approved for this site. Mabusth indicated that may be the one type of variance that would be approved. * Johnson asked if the outlet is a public right-of-way. Mabusth indicated that this is correct and there will be a temporary cul-de-sac at the end of the outlet. She noted that the City will ask for an easement over the area not included in the 60' outlet. She explained that the outlet is where the hydrants, sewer and water will be placed. Schroeder asked if the northern 10* of the outlet Is to be used as bike trail. Mabusth concurred and explained that it will extend to the Otten and Rebers property. It was moved by Bel lows, seconded by Cohen, to recommend approval of the Class III preliminary subdivision application for the City of Orono for property located at 700 Old Crystal Say Road North. Ayes 6, nays 0. (#2) ZONING FILE #1676 CITY OF ORONO 700 OLD CRYSTAL BAY ROAD NORTH CONDITIONAL USE PERMIT PUBLIC HEARING noted. The Affidavit of Publica*c;on and Certificate of Mailing was Mabusth noted that the City Engineer was to conduct this review as the technical expert on this application. She noted that members of the public are present to review location and design information on the water tower but that she could not respond to technical issues or questions. Kelley asked why the proposed water tower location had changed from thv well site, near the Otten property. n 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 ^^^^^Mat^jsth*^oxp?a1ned^that the City owns this property, and that the well on the Ctten property and the outlet owned by the City could not hold the water tower. Chair Kelley noted that at S:12 p.tn, the City Engineer still had not arrived. It was moved by Kelley, seconded by Moos, to table application #1676 City of Oronc for property at 700 Old Crystal Bay Road North until a later date when the City Engineer can be present. Bellows reminded Kelley that there were members of the public who were there for the hearing and should be allowed to be heard. chair Kelley withdrew the motion. Peg Swanson and Neal Lawson from the Orono School District were present and wanted to know exactly where the tower was to be located, the safety aspects of the tower, and any other Information available. Mabusth explained that it is proposed at the extreme northeast corner of the City property, 50' from the 140' high, and in a heavily treed area. Access is to be through a roadway Installed by City along the east side of the property. Kelley noted there is access via the bike trail to the south. Mabusth explained it would not bo easily accessible and the area would have to bo fenced. She showed two designs being considered. Yves Roux of 2765 Fox Street asked what was the basis for the design pretoronces? Mabusth said Cook would have to respond to that quertion. Bellows pointed out the cellular antenna proposal, and suggested that be considered when picking the design. Kelley noted that he is still in favor of the well location site. Dave Gerhardson of the Orono Community Church wanted clarification of access from the church to the tower. He noted the surveying being done on the property. It was moved by Chair Kelley, seconded by Moos, to table application #1676 City of Orono for property at 700 Old Crystal Bay Road North until such time that the City Engineer can be present. Ayes 6, nays 0. V ii: 1. ■r^ if: fe- MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 ZONING FILE #1676 - CONT. Chair Kelley suggested that the neighboring property owners should be renotified of the continuation of the public hearing. (#5) ZONING FILE #1608 JAMES R. HARTZELL 2967 CASCO POINT ROAD VARIANCE - CONTINUATION OF PUBLIC HEARING 7:16 - 7:25 P.M. James R. Hart;:ell was present for this application. Gaffron explained that this Is a request for variances to lot coverage, average setback and to hardcover. The property owns three contiguous parcels: the house In question, lot and house next door, and lot with tennis court on the other adjacent side. The hardcover calculations have been done just for the property with the proposed Improvements. Existing hardcover in the 75~250' zone Is 23.8%: proposed is 35.9%. The proposed Improvements extends 25' past the average lakeshore setback line. Existing lot coverage Is 8.3%; proposed Is 15.7%; Chair Kelley questioned what the applicant's hardships are. Applicant's Designer was present and explained the main hardship is hardcover calculations. He explained the size of the pool and patio have been kept to a minimum and felt that the visual Impact was also kept to a minimum. He explained the total run-off for all lots was at a minimum. He noted that the neighbor to the left has no objection and there is vegetation on both sides to cover. wasBellows asked what the percentage cf lot coverage the lot wit’n the tennis court. She also asked how the lot allowed to be separated with no principal residence. for Gaffron explained the tennis court was there before the subdivision and obviously there was a variance granted. The lot was over the 25% hardcover limit. There were no public comments regarding this application. Cohen explained he has no problem with the average setback variance but felt other variances were a very serious problem. Moos and Schroeder concurred with Cohen. Johnson agreed with Cohen and stated he disagreed with applicant as this is not a minimal impact on property as It Is not a minimal sized pool or patio. Applicant's designer explained they would be willing to compromise on the patio size and perhaps remove some driveway hardcover. It was moved by Cohen, seconded by Moos, to table Application #1608, James R. Hartzell of 2987 Casco Point Road, to allow the applicant to revise his plans. Ayes 6, nays 0. I I' b. I?w ■.'i' %.r»‘ MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 (#6) ZONING APPLICATION #1653 MARK JOHNSON 4465 BAYSIDE ROAD PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 7:28 - 7:37 P.M. Mark Johnson was present. Mabusth explained this was continued because of two Issues: use of the residence as a duplex and a falling septic system. Applicant ha? now provided additional septic testing and will make minor changes to the septic system and the City will monitor to see If the existing system can remain. If a new system Is necessary, It would be Installed to the northeast of the house. The rental area Is no longer rented as confirmed by staff's Inspection. There were no public comments. Bellows asked where the oversized structuros were located as they did not show on the survey correctly. Johnson, owner, explained there Is a well house or shed on the west and a lean-to structure covered roof supported by poles to the east, and the middle structure Is the original barn. He explained the original barn Is the only building salvageable. Mabusth noted that It does meet the 15' setback. Bellows asked about access to the site and about the septic sites on Lot 1. Mabusth explained access couldn't encroach the oralnfleld areas. Mark Jch i explained that the corner of the lot Is bermed and access wou lave to be In conjunction with his current drive to pr ty to t.i 1 south. Johnson noted he has no plans to build on the proposed lot at this time. Chair Kelley explained that the proposed property would have no principal structure and only an accessory structure which would have to be addressed. Mr. Johnson felt that the structures In disrepair could be removed by this fall and the barn moved within one years time. Chair Kelley noted the new curb cut would have to be off the current easement/private d>*ive to the east. It was moved by Chair Kelley, seconded by Johnson, to recommend approval of the prellmlr-ry subdivision for Mark Johnson for property located at 4465 bayside Road subject to the following conditions: w I, I P mr &■m.mi- tU :¥‘ ^i*;': m:i| v:t>' "t* ft; ■IS eft Sft r-:- p ,^:V ■#■ If 19ft' Hf' ^ '!■*i;- f' P' Sft Ipm ■ ■V*. S-- -^r ■ ■ I&W' Rf;p- fefmp- MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 ZONING FILE #1653 - CONT. 1. Payment of a park fes based cn 8% of the current market value of the property in an undeveloped state. This determination shall be made by the assessor. Payment of park fee shall be due upon the filing of the final plat. 2.Outlot A shall be designated as unouildable and available for rombination with adjacent residential properties properties on north side of Couiity Road 84. 3. Oversized accessory structures shall either be removed or application for a principal residence on prooosed Lot 1 shall be applied for within one yea of da?o of final approval. 4. Access for proposed Lot 1 shall be from private drive to the east. 5. on Future owner is placed on notice that the existing residence proposed Lot 1 does not qualify for duplex use per Orono Municipal Code Section 10.28, Subdivision 3 (A). The finished habitable area In the lower level of the residence does not qualify for sleeping room/bedroom use. Ayes 6, nays 0. (#3) ZONING FILE #1670 JAMES & PENELOPE GRABEi. 3050 JAMESTOWN RO & 3105 SIXTH AVE N SUBDIVISION FOR SEPTIC EASEMENT PUBLIC HEARING 7:37 - 7:40 P.M. The Affidavit of Publication and Certificate c noted. ai 11 *.g was Penelope Grabek and Mr. & Mrs. Ben Young were present. Gaffron explained that this subdivision to create an easement Is being requested because the toe of the mound system on the Grabek property encroaches across the Young lot line. The Grabek septic system has already been rebuilt once. Gaffron noted that this application should be tabled until both parties can come to an easement agreement. Mrs. Young concurred. It was moved by Chair Kelley, seconded by Cohen, to table application #1670 until a later date after the applicants have agreed to an easement. Ayes 6, nays 0. HINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 (#7) ZONING FILE #1669 JOHN WALKER 1310 SPRUCE PLACE VARIANCES - PUBLIC HEARING 7:40 - 7:47 P.M. Th0 Affidavit of Publication and Certificate of Mailing was noted. Mr. Walker was present for bis application revie. Gaffron summarised that the applicant is requesting a hardcover variance. He noted that the applicant's builder had been talking to the bulldit.g staff regarding the remodeling project, and then went ahead without the necessary building review and permit. The proposal Includes a second story addition and addition to the existing deck. The corner of the existing deck Is within the 0-75’ zone. Hardcover is as follows in the 75-250’ zone; existing 50.6%; allowed 25%; proposed 32%. Applicant Is proposing to remove liners from rock beds. Hardcover In the 0-75* Is: existing 18.75%; proposed 11.4% with removal of liners. Kelley noted that applicant is requesting non-structura1 hardcover be replaced with structural hardcover. Kelley asked If any of the reduction Is structural hardcover. Gaffron noted that It Is all non-structura1 that applicant has options to remove portions of patio which would reduce hardcover to 27%. He noted also ■» driveway and Walker explained his hardships as the lot is an unusual shape, with no parallel lines. The property is a high bluff which crests towards the lake. He confirmed that prior to 1972, a previous landowner had Installed retaining walis and later timber walls and landscape rock. He pointed out that his house Is eqiilped wUh a roof water containing system, which goes directly Into the ground Intw a sump. Walker amended Gaffron's summary by noting that the corner of the deck encroaching into the 0-75* zone Is to be removed. There were no comments from the public. Johnson felt that the brick walls are beautiful but felt that the banks may wash out If removed, and he noted that he would like to see an attempt made to reduce hardcover. Bellows agreed and questioned what staff meant by "illegal" hardcover In the 0-75* zone. Mabusth deferred to CounciImember Jabbour. Jabbour explained that Council currently has the opinion that landowners a e trading non-conforming Illegal hardcover for structural hardcc/er and they feel that all hardcover non- existing prior to 1975 should be removed within the 0-75' zone before further approvals of improvements. . ■- >'■ r : ■|:- i‘ . I «« - ^>; Jr-'-I..- "I (;■ r r -r. ► i E*""h' !?■ 5i;- ■ , i *■ . ^v;-‘ s? MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 ZONING FILE #1669 - CONT. Callahan agreed and reiterated that Council ic trying to stop what is currently going on with trading ncn-structura1 for structural hardcover. Kelley questioned the applicant as to when the 0-75’ hardcover was Installed. Mabusth noted that permits are not required tor walkways, landscape, etc. and if they were required, perhaps some of this Illegal hardcover installation could b’-' stopped. Gaffron explained the applicant’s calculated possible reduction to 27% would required major removals of the drive and patio. Mabusth com ented that she believed that the corner of deck to be removed Is classified as structural. the Bellows felt that the applicant's builder must have knowledge of the ordinances as he had discussions with staff. had Walker accepted responslbillty for the builder’s error and pointed out that In 1972 the sidewalks were basically the same but 0 large portion of the drive had been added. He also noted that the undeveloped right-of-way Is currently a ravine and property takes advantage of the natural terrain of the public property. Schroeder asked if there was any credence to the roof water containing system. Bellows noted that from her underground do not work. experience, downspouts Walker felt that the system does work. Johnson felt that the retaining walls must stay, b.^ felt that the application should be tabled until an attempt is made at reduction of hardcover. Conen felt that the 27% hardcover should be defined better In terms of what will stay and what will go. Kelley asked Johnson what he would be comfortable approving. Johnson felt that there were patio and driveway issues to wdal with. Kelley noted that the hardcover percentages will change because of the "corner deck removal”. Bellows felt that the patio In the 0-75’ should be removed. 8 I- ■p V;/ *;i:.K. '■«'»r b. wf-y •/ Rf v*^'. ' % , ^- ^V. p-fi" f il, f: i"'S?;4.'. : ‘L i ■ ', » - MINl'^ES OF THE ORONO PLANNING COMMISSION MEETING - AUGoJT 19, 1991 ZONING FILE #1669 - CONT. It was moved by Chal.- Kelley. seconded by Bellows, to table application #1669 for John Walker for property at 1310 Spruce Place to give the applicant opportunity to revise his proposal. Ayes 6, nays 0. Chair Kelley asked if it v.culd be appropriate for the Stop Work Order to be released to allow applicant to finish seced'd story. Bellows felt that this should not be done. and questioned whether withholaing the Certificate of Occupancy would give adequate control Mabusth explained that a Certificate of Occupancy limitations and controls are through the variance procedure. TO. (#4) ZONING FILE #1675 NINA WILDMAN 560 SUSSEX CIRCLE & 3045 SUSSEX RO SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 8,10 - 8:11 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Nina Wlldman was present. Gaffron summarized that the 4##11c nt Is requesting a lot line rearrangement to bring a portion ot wetlands Into the other property. This does not affect the Building oiv.elope end both lots still retain 2 acres dry bulldOBle. The nre no comments from the public* It was moved by Kelley, secofidbd by Johneeht to pocoersnd approval of application #1675 for hint IflldMn for proportlee located at 560 Sussex Circle and 3048 SueObx hoed* A ee 6t neye 0. (#•) ZONING FILE #1671 BRUCE TURNER 3800 WAYZATA BOULEVARD WEST CONDITIONAL USE PERMIT - PUBLIC HEARING 8:21 - 8:45 P.M. noted. The Affidavit of Publication and Certificate of Mailing was Bruce Turner was present for this application. Mabusth briefly reviewed that the applicant is prcoosing to use the location for a plusiOing/electnca 1 shop. The u e is a non-conforming commercial use. riiwi ^T7.T»lltl« r*T«itf*i r#TiT-i> :TiTi Mil* »l«l« nnvH* ' V ■" At m' ■ -'i?'^''v MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19. 1991 ZONING FILE #lS7i ^ ZONING FILE #1071 - CONTi Cohen surmised that if the application were to be approved, the property effectively will always remain commercial. There were no comments from the public. Turner explained that their main business was located in Maple Plain and would remain there, but it was very noisy in that location and hard to conduct business. Turner noted that there would be no outside storage, no vehicles, and this would not be a main client center. Yves Roux of 2765 Fox Street asked what the responsibility of the City was to require maintenance of the property. Cohen noted it is the City's responsibility to maintenance of private property. ensure Kelley pointed out the Highway 12 study realized that Orono did not want to compete with neighboring communities for business Interosts. Mabusth explained that the study also reaffirmed that property to the west of Old Crystal Bay Road was to remain RR—IB as sewer and water would not be extended to these properties. Tim Otten, joint owner of the property, noted the property immediately to the east has been sold. It was moved by Kelley, seconded by Cohen, to recommend denial of application #1671. Bruce Turner for property located at 800 Wayzata Boulevard west, for a conditional use permit and V3''lance for non-conforming commercial use of property. nays 3. Ayes 3, Bellows noted that a recommendation to Council could be made on appropriate action on how to deal with the building. She felt that perhaps it should be treated as an accessory structure without a principal residence. Turner felt that the property was purchased by the owner at a rather large sum under the assumption that the conditional use was still In effect. Kelley noted that decisions are not made on dollars and cents of landowners/Investors. He noted to Turner that the application would be sent on to Council with a split vote. v' MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 (»9) ZONING FILE #1672 KONRAD A KAY MARINE 235 HOLLANDER ROAD VARIANCES - PUBLIC HEARING •:4S - S:55 P.H, The Affidavit of Publication and Certificate of Mailing was noted. Kay Marine was present. Mabusth explained their proposal was an addition of a sport court at 25'x70', 5' from the lot line within the west side yard. She noted the neighbor most affected Is very agreeable to this Improvement. The septic system is located to tht» east. Cohen asked the applicant if it was possible to turn the court the other way. ‘.1/ , Marine disclosed that the court could be turned, but this way It matches the fences in the neighborhood. She felt by turning' the court it would destroy the look of the property and portions of their garden. m Cohen felt it should be moved to comply with the setbacks. Johnson concurred with Cohen and noted the idea behind 2 acre zoning Is the open space areas between properties. It was moved by Bellows, seconded by Cohen, to recommend denial of application #1672, Konrad and Kay Marine, 235 Hollander Road, for variances to construct a sport court based on Insufficient hardship. Kelley pointed out that the applicant could application and request a refund. withdraw the ■ Bellows withdrew the motion. It was moved by Bellows, seconded by Cohen, to tabling application #1672 for Konrad and Kay Marine for located at 235 Hollander Road. Ayes 6, nays 0. recommend property r'V-Cohen suggested that perhaps Council consider doing the same thing for Mr. Turner. r- I.:p.t K U:- :^|r- (!•' i^: I i?-' >>.‘- ■• p|r’. ‘ Ki;V’ mm- ^■ ■ m. 57 MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 (#ioi iStIM PItl il»« banieu 0. KLUTH 2801 FOX STREET VARIANCE - PUBLIC HEARING 8:55 - 8:57 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Daniel J. Kluth was present for his application. He explained they want to build a detached garage to be located nearer the street than the front of the principal residence. He noted they wanted to preserve vegetation to the rear of the lot for privacy and save a mature black walnut tree. Kluth pointed out they have a finished basement with virtually no storage. There were no public comments. Kelley felt the applicant’s hardships were acceptable. It was moved by Cohen, seconded by Kelley, to recommend approval of application #1673, Daniel J. Kluth for property located at 2801 Fox Street, for a variance to construct a detached garage. Ayes 6, nays 0. (#11) ZONING FILE #1674 THOMAS & ALICE STUCK 4365 NORTH SHORE DRIVE VARIANCES - PUBLIC HEARING 8:58 - 9:13 P.M. The Affidavit of Publication and certificate of Mailing was noted. Thomas and Alice Stuck were both present. Gaffron summarized the apirUcatlon as a request for side setback, hardcover and lot covt.'*age variances to construct a two- story addition and decks. He explained there Is no hardcover located In both the 0-75’ and 75-250’ zones and therefore the applicants receive a credit of 1,422 s.f., therefore allowing 3,908 s.f. In the 250-500* zone. They are proposing a total of 68.4% (5,668 s.f.), an Increase from 66.2% (5,485 s.f.) In the 290-800*. The existing house Is 6* from the lot line and applicants wish to extend along the existing line of the house. The proposed lot coverage Is proposed at 16.5%. Il«There were no public comments ji^- •n;i Kelley asked applicants If they property from the adjacent landowners. Is over the property line as well. could possibly purchase He noted that the garage I. ^ IWh. ■ Mrs. Stuck stated that she did ask the neighbor at one time and he wasn't ready to sell at that point. She also noted the financial difficulty In doing so. sk. lEEti-:'- m' MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 ZONING FILE ilS74 - CONT. Bellows asked what the hardcover would be without the deck. Qaffron noted It would be about 300 s.f. less. Cohen expressed great empathy but felt reguested were extensive. the variances Kelley asked If the house could be downsized and the deck removed1 Gaffron noted that landscaped areas may be able to be removed. Mr! Stuck point out the reason behind the landscaping was to avoid water In their basement. Cohen felt that the two story addition was within the limit without the deck. vehicles? Mr. Stuck felt there was still adequate room. Oaffron notod that to stay at the parctntages, they could still build the two story addition with a small deck In front. It was moved by Cohen, seconded by Moos, to approve application #1674 for Thomas and Alice Stuck «6S Mot*th Shore Drive, approving the side setback and lot coverage SSmSiicm? but Sith tl,, p?ov1sa1 that when construction Is finished, hardcover remain at the existing percentages within the 250-500* tone. Ayes 5. nays 0. Bellows noted that the proposed second story deck would also be subject to the same conditions as the first story deck. (#12) 20MIHG FILE #1665 THOMAS MCCARTHY VARIANMS^ CONTINUATION OF PUBLIC HEARING 9:14 - 9:20 P.M. Thomas McCarthy and Michlal Mularoni, consultant* were present for this review. app 1 leant* s .-'Js ■■■ ■ 4-’ ............ .. >4 .. ; .. ... . %■IP P-'' W: MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19, 1991 iSNINd FILI #1665 - CONT. Mabusth explained that applicant has amended h1c application which now proposes a new detached garage to be located 4' from side lot line and 3‘ from the street lot line. The walkway Is In a straight alignment to the house. There Is now an access corridor to the principal structure for emergency purposes. The structure Is proposed at 24*x23‘4". Mabusth reviewed the structural Intensity ordinance in which there Is an exception that leaves the proposal 31.5 s.f. over the allowed. Mularoni advised that the excess could be eliminated. Kelley asked about the gazebo In the lakeshore. Mabusth explained the structure was there prior to the Iwplenentatlon of the 1975 code but has received regular maintenance. It was moved by Cohen, seconded by Bellows, to recommend approval of application #1665 for Thomas McCarthy of 1424 Baldur Park Road for approval of variances to construct a detached garage with the provisal that the excess of 3’ s.f. be eliminated from the proposed garage. Ayes 6, nays 0. (#14) LAKE USE COMMITTEE REPORT Qaffron advised that the meeting had been rescheduled to Thursday. August 22, 1991 at 6:30. Callahan suggested changing the time to 7:00 p.m. All agreed and Gaffron was to advise other members. (#15) FACILITIES COMMITTEE REPORT Bellows acknowledged that the flyer had been mailed to residents. She felt that the schematic design would need to address the drainage concerns. She noted that the committee would continue with the design process with special respect to the Internal workings of the City Hall and Police Department area. (#17) APPROVAL OF MINUTES It was moved by Cohen, seconded by Bellows. Planning Commission minutes of the facilities meeting of May 6. 1991. Ayes 6, nays 0. to approve the recommendation (#18) APPROVAL OF MINUTES Bellows requested Page 11, Paragraph 2 of the July 15, 1991 minutes be changed by deleting the statement by her that It is an Inalienable right to have a 2 car garage. It was moved by Cohen, seconded by Bellows, to approve the minutes of the Planning Commission meeting of July 15, 1991 with the correction noted above. Ayes 6, nays 0. i i MINUTES OF THE ORONO PLANNING COMMISSION MEETING - AUGUST 19. 1991 ADJOURNMENT s«a: W '■■ i'i: :r< -. " i,4' r'-#.M-K» t r^. • ■ ry.'i Kelley adjourned the August 19. 1991 meeting 2»t 9:35 p.m. Charlie Kelley, Chair Person ERJ L' ' V; V. • ■ life'' r-::-r-.>.' il 'LTrhtis ,-4. i I I ... ; t-: -k ■Lr% V i I- [;PkI IP-I Pk. I'M U* hm--,,r- t-aV- m V-^i:r iW-^fte- pi ■• i* Sk Ifv^'.■'■■ »•«''■ */' p.C?S'V p:!'^ ■"' ,|s';.'.mK^- Wednesday Thursday Wednesday 11 Thursday 12 Saturday Monday Wednesday 18 Thursday 19 Friday Wednesday 25 Lake Minnetonka Conservation District 473-7033 L.M.C.D. MEETING SCHEDULE September 1991 Sip Subcommittee or. LMCD Conflict of Interest 8:15 a.m., //160 Norwest Bank Bldg, Wayzata Technical Review Committee 8:00 a.m., ^135 Norwest Bank Bldg, Wayzata Subcommittee on LMCD License and Permit Fee Study 10:15 a.m., #160 Norwest Bank Bldg, Wayzata Subcommittee on LMCD Policies and Procedures Study 8:00 a.m., #160 Norwest Bank Bldg, Wayzata LMCD Review of Management Structure Draft, Long-Term Management Plan 7:30 p.m., #160 Norwest Bank Bldg, Wayzata Water Structures & Environment Committee 7:30 a.m., #135 Norwest Bank Bldg, Wayzata Lake Use Committee 4:30 p.m., #135 Norwest ^nk BlHg, Wayi.i«ta Subcommitl-^e on LMCD 3-4 Boat: Storage Study 8:00 a.m., #160 Norwest Bank Bldg, Wayzata LMCD Board, City-Elected Officials' Review of Long-Term Management Plan Revisions 7:30 - 10 p.m., #135 Norwest Bank Bldg, Wayzata NOTE: Please use WEST entrance on Wayzata Blvd Technical Review Committee 8:00 a.m., #135 Norwest Bank Bldg, Wayzata Eurasian Water Milfoil Task Force 8:30 a.m., #135 Norwest Bank Bldg, Wayzcta LMCD Board of Directors' Regular Meeting 7:30 p.m.. Tonka Bay City Hall 1 .fi it ^ i r m • ^ -;s^ te:;:f- fe<.> ■v.v. |l?:^ ^• *" *■ 'ii'f- -r>'A-. Sun 1 Mon Tim Thu Fri Th« Fri Sat 3 5 Sat 7 Sun 8 10 13 14 Sun 15 Fri 20 Sat 21 LAKt* MINNETONKA CONSERVATION DISTRICT lOtOO «B 10 1 TO an 10 130 an lt30 pn lOiOO an 2i00 pn 2t00 pn 7i00 an liOO pn 6tl5 pn 7i00 an 10(00 ItOO pn 3(00 pn 7(00 an 10(00 an 1(00 pn 2(00 pn 3(00 pn 10(00 an 1(30 pn 6(00 pn 6(30 an 6(30 an 10(00 an 2(00 pn 2(00 pn 10(00 an 1(30 pn 6(00 6(00 an 10(00 an 2(00 pm 473-7033 EVENTS SCHEDULE September 1991 MYC Burton Cup WYC Burton Cup UMYC East WYC Main MYC Main MYC Main UMYC East 6(00 pn MYC Main MN B.A.S.S. tournament, Minnetonka Boat Works, Browns Bay MYC Main WYC Wayzata MN B.A.S.S. tournament, Minnetonka Boat Works, Browns Bay MYC Main MYC Main MYC Main MM B.A.S.S. tournament, Minnetonka Boat Works, Browns Bay MYC Main MYC Main UMYC East MYC Main . i MYC Main WYC Main MYC Main MN/WI Pro-Am tournament. North Shore Drive Marina •X MN/WI Pro-Am tournament. North Shore Drive Marina WYC Main MYC Main UMYC East MYC Main WYC Main Don Shelby Invitational, Minnetonka Boat Works, Wayzata Don Shelby Invitational, Minnetonka Boat Works, Waysata WYC Make Up MYC Main (continued) » 1 . aZM- 'm ae.v H m p^-^■^;-:A - \ - •0-. ■ t W^': £kt^v,'"-v. #J’:?.S<};;V mm v'_ y';. Wi/c i - ' r ■ ■ ^m- .. ■ ,.j„. , fc^-- te %St3 • ••Lake Minnetonka Conservation District September Events Schedule - cont nued Sun 22 6t00 9i30 11:30 lt30 1:30 am am am am am Don Shelby Invitational, Minnetonka Boat Works, WayzaCa MYC BI East Chi MYC BI East Chi MYC BI East Chi WYC Main Sat 28 10:00 2:00 am pm Sun Mon 29 30 2i00 pm 10:00 am 11:00 am VTYC Main WYC Main MYC BI East Chi WYC Main SYC Big Island 9-4-91 'j J VI F.--r‘i tLake Minnetonka Conservation District Tliii BOARD OF DIRECTORS AGENDA Regular Meeting, 7:30 p.m., Wednesday, August 2R, 199 Tonka Bay City Hall 4901 Manitou Road (County Road 19) AUG Z 6 1991 7l00 p.a.l Public Hecringt Nagel Variance for Dock Use Area Adjustments, St. Alban S Bay 7i30 p.«. * l*r»l**^ Meetlog, LMCD Board of Directors Call to Order loll Call taadlag of Minucas * 7/24/91 1 faklic Cooaaata • from persons In attendance not on agenda I if* ita* Cochran 'i'MV ■ A.. 1, Nominations to the Committee for Nominating Board officers, recommending approval aa presented or amended 2. Additional announcements it"CBWii ttaa laporta 1. UUCB USE, Chair Pillsbury •vitid.. n.-Aa Approval of minutes, meeting of 8/19/91 B. Adjustments to Slow buoys: recommending no need for Slow buoys ^kogbergs Point in West Arm, and changing the east/west direction of the Slow buoys at North Arm to a north/south direction tr c. tej « ij.*. 'sm‘^ V' *7' HAi-,. Oapoalt refunds of $100 each, recommending approval for: clcipanc aa having ulthdcaun! recomnendlng deposit refund to be donated h) MtnJI;,tn.lun^;;:g«U.-. ln-th.-«ater boat Show 6/28O0/91. Enc.l.lor Park Tavern '■4*“• si:.nrg":tnri:«h" manting LaPoverc advice of 7/24/91 (over) 'm myr-ter \Mk ■my ty-p; #'.■Ilf;--*Lit"Hrirm, fe ■'■ m- I.jke MinnftonV.T Consc rv.i t i on District 8/28/91 Agenda Page 2 1. USB (continued) 3, E.Deicing renewal application deadline of October 1, recommendation to waive late fee to November 1 in order to accommodate any Fee Study Subcommittee recoancndations for 1991 F.Notices to licensees regarding the return of dock locations from low water distances into the Lake to normal positions in 1992: recommending notices be sent with dock license renewal applications in October, rather than earlier as directed 1991 Shoreline Boat Count Summary Report acceptance H. I. Hennepin County Sheriff’s Water Patrol report Lake Minnetonka Lakeshore Owmers Association proposal to place educational signs in 12 Minnetonka channels, recommet. *ng a s bcommittee to address the proposal. J, Additional business recommended by the commit. 2. Him STRUCTURES, Chair Grathwol A. Approval of minutes, meeting of 8/10/91 B.Gayle's Marina multiple dock license renewal, recommending: 1) Navigation posts be removed, and application be made for a suitable navigation buoy as needed; and 2) Renewal of the 1991 dock license subject to a) the survey submitted 8/9 being complete, b) that the survey submitted 8/9 be signed by the registered surveyor. c) that application is made to replace channel posts with a conforming marking buoy system within the DUA C.Aisendmcnt to Code S2.01, proposal to piohibit high intensity lights in the ahoreland area. Instructing the attorney to draft an amendment D. Additional business recommended by the committee , Milfoil Task Force Chair Reese A. B. C. D. B. r. Operations progress, alternating with reduced crew size and with shore con v€yor Priority for addressing preventing milfoil spread Priority for addressing zebra mussel spread into Lake Minnetonka Diaawnd Reef herbicide treatment Funding update Additional business recommended by the Task Force (continued) 1 1 _ _;A -A.' ■Lake Minnetonka Conservation District 8/28/91 Agenda Page 3 4. ADVISOKT CGHMITTEE, LOHC-TERM MANAGEMENT PLAN, Chair Rascop A. Lake Use and Recreation Management final draft as reviewed with Board u'embers. city mayors S/L'f and 8/21, Jim Uttley 8. Government Relations and Implementation working draft presentation Ca Time extension increase from 30 to 60 days to complete all final drafts D. LMGD acceptance of final drafts and city review procedure, recommending City Council acceptance of final draft8“”dlscussion E. Additional business recommended by Advisory Committee Chair Rascop, Board 5, FUAMCIAL UKNKTS, Treasurer Boswinkel ft'v‘ -.vM" IS#.--te"'V I A. Statement of Cash Transactions, month ending 7/31/91 B. Audit of Vouchers for Payment C. First quarter financial report D. Additional business recommended by the Board 8.♦ 4 I rnVB DIlECTOt REPORT, Strommen ■% , ■ \r A* Personnel progress, replacements on weed harvesting program B* Meeting participation and staff service gtofimished BusiMOs fea ■ fA.;, f't . ■■ A. St. Alban’s Bay Marina litigation and progress on settlement negotiations, recommending brief executive sess.on B. Additional unfinished business A. Nominating Committee Bijou 8-23-91 ;I LAKE MINNETONKA CONSERVATION DISTRICT Board of Directors Regular Meeting, Wednesday, July 24, 1991 Tonka Bay City Hall Call to Order: The meeting was called to order by Chair Cochran at 7:35 p.m. RoXX CaXX*He^lMrs Present: Bert Foster, Vice Chair. Deephaven; David Cochran, Chair, Greenwood; Robert Pillsbury, Minnetonka; Jan Boawlnkel, Treasurer, Minnetonka Beach; Thomas Reese, Mound; JoBllen Hurr, Orono; Douglas Babcock, Secretary, Spring Park; Thomas Martinson, Waysata (arrived as noted); Robert Slocum, Tochnician; Eugene Strommen, Executive Director. Meabmrs Absent: James Grathwol, Excelsior; Scott Carlson, Mlnnetrista; Robert Rascop, Shorewood: Marvin Bjorlin, Tonka Bay, David Bartos, Victoria. Public CoiMents: There were attendance not on the agenda. comments from persons in Reading of Minutes: Boswinkel moved. Babcock seconded, to approve the minutes of the 6/26/91 Board meeting as submitted. Motion carried unanimously. Chair Announceamnts, Cochran 1 Cochran reminded the members that the Public Inspection Tour will occur on Saturday, 0/3/91. The boat will Club dock 11*30 a.m. / manager at the City of Bloomington. A farewell dinner will be held 7/25 at the Lafayette Club. Foster moved, Reese seconded, to approve the * letter commending Mark Bernhardson. to be Hurr at the farewell dinner honoring him. Motion carried unanimously. Committee Reports 1. LAKE USE, Chair Pillsbury Motion carried unanimously.- continued 1:. 4 '■/ ■ I L n fc'i’^ >■■■.; k • . .1- ■ F'''!rW Si-.-'f-1: r k'fr • l..<^ . : P. •> vl *•' p;- r. pV . ' .PP- ■f. l®P' ■I^IP. LMCD Board of Directors Juljr 24. 1991 seconded, to 8/3/91.11:14 approve the p.m. Nelson B. Pillsbury moved, Foster following Special Event items: 1) Fireworks Display, residence. Stubbs Bay. 2) Consolidated Race Schedule/Minnetonka Yacht Club, to place temporary buoys marking milfoil beds in Brown's Bay and North of Big Island during the Interlakes Regatta 8/1/91 - 8/4/91. 3) Deposit Refunds of $100 each for: a) Minnetonka Crossing, Windsurfing Event. 6/0/91 b) MN State Sheriff’s Assn. National Sheriff's Fishing Classic. 6/18/91. c) American Scholarship Foundation Bass Fishing Tournament. 6/16/91. Motion carried unanimously. a heart Garden drowned C. Hennepin County Sheriff’s Water Patrol Report: Sgt. Chandler reported as follows: * On 6/22 Sheriff's Deputies saved the life of attack victim with CPR. This occurred at the Noerenberg Boat House and the patient has recovered. * On 7/13 an 18 month old child accidentally In Cook’s Bay. There are no criminal charges. * On 7/14 there was a near drowning in Jennings Bay. Deputies resuscitated the individual with CPR. * Thirty-nine BWI's have been issued to date. This is less than last year at this time. It is noted throughout the state that boaters ar« using the designated boat operator who does not drink. Chandler said the change in the law allowing consultation with an attorney before administrating a breath teat has not had any impact. * The Water Patrol continues decibel testing. * There has been an increase in thefts from boats. One detective has been assigned to Lake Minnetonka. There is cooperation with the local police departments. * Deputy Brad Erickson has been transferred to narcotics effective 8/12. His position has been filled effective 8/12 by Jim Ross, currently with the radio division. « There were no accidents this past week. Martinson arrived. 2. NATIB 8TBUCTURB8, Vice Chair Babcock for Chair Grathwol of the A. Babcock moved. Pillsbury seconded, to approve the Water minutes of 7/13/91 as submitted. Motion carried unanimously. B. Babcock moved, Boswinkel seconded, approval following subcommittees as recommended by the committee: 1) License and permit fee review, Chair Martinson 2. Shoreline storage of 3 A 4 boats, Chair Grathwol 3. Procedures and policies review. Chair Babcock 4. Wetland inventory and policy review, Chair Babcock Motion carried unanimously. Al » H . '0: 'mJIJ . ><• ' j .. ■r.: - ElfCD iBoard of Directors Juljr 24. 1991 Babcock said the subcommittees will be filled by volunteers bafore appointments are made. Slocum volunteered to serve on the shoreline storage of 3 & 4 boats subcommittee. Hurr volunteered for the License/Permit Fee and Policy/Procedures reviews. C. Multiple Dock License Renewal Applications: 1) Lakeside Marina, Maxwell Bay. Babcock moved, Hurr seconded, to approve the Lakeside Marina current dock configuration, addition of 2’ wide finger docks to wide body slips on the north side of Section C, one on the north side of Section D, and annual renewal of the east side setback variance, subject to receipt of a certified dinensioned as-built dock survey. Motion carried unanimously. 2) Gayle’s Marina, Maxwell Bay. The Board received a memorandum from the executive director detailing additional considerations in the review of Gayle’s Marina Multiple Dock License for 1991. The staff iP0QQguBendation is to continue the 1991 license renewal application for committee review to evaluate the Minnehaha Creek Watershed District resolution of 7/18/91 regarding violation of MCWD dredging rules, to monitor the progress on the as-built 0^fvey, and to re—address the circumstances presented by the City of Orono. The staff further recommends that Gayle’s Marina be directed to remove the gas dock channel posts. Water-depth measurements demonstrate they are no longer necessary, and t.iey represent a navigational hazard. ^ suggested Lefevere send a letter to Gayle s f^aiina g^resaing their need to respond to the LMCD requirem.*»nt for a certified dimensional survey. He agrees with ti:e staff reoommendation to return the license renewal for 1991 to the committee. « .Cochran concurred with Foster’s observations. Cochran said he calls from two MCWD managers asking for support of their resolution. Cochran urged LMCD support of other agencies on matters pertaining to the Lake as an indication of the LMCD leadership. f 4.Hurr asked for consistency. The recommendation of the fog approval subject to receipt of an acceptable survey is no different than the approval of Lakeside Marina’s Multiple Dock License. In her opinion the concerns of the City of Orono and the MCWD are not within the LMCD jurisdiction. Martinson questioned approving a license based on receipt of a survey which may not be in conformance with the Code requirements. , .Thibault reported that a formal written request for a survey was made to Gayle’s Marina in November. 1989. There are file references to requests prior to that date as well. u t Murr moved, Foster seconded, to refer the Gayle s Marina Multiple Dock License back to the committee for receipt of an acceptable certified dimensional as-built survey. Motion carrie unanimously. ..L^wr. • ....j r K ;M H i;\:v^- LHCD Board of Oiractors Julr 24, 1991 The executive director reported that the matter of the posts has been called to Gayle’s Marina attention. The Marina wants know what they can use to mark the channel. Measurements taken by Hennepin County Lake Improvement Section of water a- r>tha in the area demonstrate that there is no need for the posts. Foster responded that he has observed guide buoys all over the Lake. He would like to see the posts marked with red for the port aide and green for the starboard side. Babcock would rather see buoys with LMCD permission. He feels the markers at G«yl® » serve a purpose. Thibault observed the posts are beyond the Cock Ose suggested LMCD regulate all buoys on the Lake. There could be different sizes for different uses. In his opinion the private buoys serve a purpose but should he ^**'*^Hurr suggested this be a matter for the study of the License and Permit Fee Review subcommittee. Lefevere said he has expressed a concern in the past about private buoys. They should be looked at by the LMCD as to standards, policies and procedures. „ ., , 3) BDP Partners/Opper Lake Minnetonka Yacht Club, Spring Park Bay • j j * qdpBabcock moved. Reese seconded, to approve the RDP Partners/Upper Lake Minnetonka Yacht Club Multiple Dock Renewal subject to providing amenities per the Order of 7/ZB/B». Motion carried unanimously. c«4 4.h«^„w«4) The Harborage Homeowners Assn., Smithtown Bay Babcock moved, Foster seconded, to approve the Multiple Dock License Renewal Application of The Harborage Homeowners Assn, with a Temporary Low Water Variance to « length of 124», and approval of the Variance Ofjer **ith the following addition ’A variance is granted from sio« back requirements....” Motion carried unanimously. 4.4 4.^ 5) Babcock moved, Foster seconded to have staff notify all Multiple Dock Licensees with temporary low water variance that they be prepared to bring their docks in to the normal locations for the 1992 season. Motion carried unanimously. 3. BMTIRONMniT, Eurasian Water Milfoil Task Force, Chair Reese A Chair Cochran commended Reese for the manner in wh^h he handled his participation in the Lake Minnetonka Lakeshore Owners Association panel discussion. Boswinkel complimented Reese on the Letter to the Editor he submitted to the - During th, nix* ins? "i^itiit reaches the surface. d w i y' > r i ‘. r\‘ii ■ i' V - tesr #”>l»S’ It. P:S^>^-;- I ks LMCD Board of Directors July 24. 1991 15 the and B. Reese said there are funds on hand to continue with days in August. He does not believe he will have to ask Board for an emergency appropriation. C. Reese asked for the Board's opinion about scattered cutting of small areas using two machines. A given city could be asked to operate the shore conveyer and haul the milfoil away in their trucks. Foster mentioned a successful harvest in St. Louis 3ay with the cooperation of Deephaven. While the scattered method is not efficient, it has recreational value. Members commented that this would be a good use of some of the equipment and crew. Reese moved. Foster seconded, to designate the Eurasian Water Milfoil Weed Control Program project manager and executive director to take the responsibility for setting the milfoil cutting schedule, taking into consideration recommendations by ho^rd members and other responsible partius. The executive director to consider scattered cutting when requested by a city, when the city will provide the trucks and labor for removal of the weeds Motion carried unanimously. D. Reese reported the Eurasian Water Milfoil Task Force meeting of 7/19/91 was well attended. ♦ The Task Force is requesting a variance from the DNR rules to allow some bottom barrier application at launch other selected areas among infested Metro lakes. ♦ Hennepin Parks reports that the 2.4.D chemical only partially successful. ♦ The LMLOA, Lake Waconia, Lake Independence Parker’s Lake had representatives at the meeting. E. The executive director, using his discretion, will use part of the $2,000 allocated for chemical treatment to employ a crew member to use the Suburban truck and trailer to clean up the if^^ds from public accesses. It will cost about $50 a part day in direct labor, Strommen estimated. This will tie in with the DNR declaring 7/20 Milfoil Awareness Day. The DNR will be at access points to stress cleaning milfoil from boats. F. The Board discussed a letter directed to the Water Patrol, Oayle’s Marina and the LMCD suggesting the LMCD should be ticketed for improper parking of the harvesters. Lefevere said that while the District should be mindful of its Ordinances, reasonableness has to be applied to the Ordinance. Most cities allow temporary parking of construction vehicles where they are working. He suggested putting something in the Ordinance to allow certain kinds of watercraft to be parked at the point of use. , , - r *Cochran directed the Lake Use Committee to look for a future resolution or ordinance to allow contractors to leave their equipment at a work site on the Lake. and ANNOUNCEMENT Cochran announced that at the conclusion of the agenda Board will meet in executive session to discuss litigation. the i tU ‘ 'ir.. 5&’'.': ^n:- LMCD Board of Directors Juir 24, 1991 5. FIMAMCIAL REPORTS, Treasurer Boswinkel A. The Board received the Statement of Cash Transactions for the month ending 6/30/91 and ordered it filed. B. Martinson moved, Slocum seconded, to approve the pajrment of bills in the amount of $57,042.50, Check Nos. 8000 thru 8064. Motion carried unanimously. C. The Executive Director reported the first quarter report will be available in August. The delay is caused by changes in format and inclusion of a budget comparison. 6. ADTIBORT COItfITTEE. Strommen for Chair Rascop The executive director introduced James Uttley, Metropolitan Council, facilitator for the Management Plan. Ottley presented the latest draft of the combined Rnvlronmental and Shoreland Protection section of the Management Plan. A Joint meeting of the cities and Board on 7/17 resulted in some changes. Ottley reviewed the changes along with comments from Ann Perry, Senior Planner, City of Minnetonka. Reese asked that the reference to “preventing" the spread of Eurasian Water Milfoil be changed to “limiting". Foster moved, Babcock seconded, to approve the revised OMibined Environmental and Shoreland Protection section of the Management Plan as amended. Motion carried unanimously. Uttley said he has work to do on the Recreational Chapter, 'Governmental and Funding. He would like to complete the work by the end of August. Hurr reported that Ed Fick, Regional Hydrologist for the OMR. serving on the Technical Review Committee, will ask the DNR to request the Metropolitan Council for the services of James Uttley as Chair of the Technical Review Committee. The executive director reported that Steve Prestin, LMCD consultant for the Shoreland Rules adoption, will meet with the cities one on one and serve as facilitator for the LMCD. 7.4 < .A»TIVB DIRECTOR REPORT, Strommen Board Strommen had no additional business to bring before the ^miSBED BUSIMESS There was no unfinished business. ADJ IT Cochran declared the meeting adjourned at 9^25 p.m. David Cochran, Chair Douglas Babcock, Secretary : If i Mr. «.ml m:f''\m - ifc'- ^te..fe'- fes' 111-m: S-i^---'.- ■ « .' • ;..m, $m^ rVl. w .$■ '$1'' Jfev. it' fev LAKE MINNETONKA CONSERVATION DISTRICT Actioo Report Lake Use Committee Heabers Present: James Grathwol. Excelsior; David Cochran. Greenwood; Robert Pillsbury. Chair, Minnetonka; Thomas Reese. Mound. Also present: Bud Miller. Fishing Consultant; Eugene Stronuaen. Executive Director. Maetinc Monday. August 19. 1991, 4:30 p.m. Norwest Bank Building Wayzata, Community Room The meeting was called to order at 4:40 p.m. A. Adjustments to Slow Buoys 1, Addition of 2 slow buoys, 1 between each channel buoy. The consensus of the members is to recommend that slow buoys at Skogbergs Point, West Arm. are not needed. The channel buoys are considered sufficient. ... o ...u a2. Adjust placement of Slow buoys at North Arm. Qrathwol moved, Reese seconded, to recommend Kast/West direction of ohe buoys at North Arm to a North/South direction. Motion carri*^d unanimously. B. SpfKsial Events - Deposit Refunds 1.Lake Masters Swim Club, Minnetonka Challenge 5-Mile Swim. 7/20/91. . Uji-t-At*The executive directoi conveyed information from the water P«trol that pn« of the participants “JJhdrew from the tourn«aent I ?irthe*’i:t::s3 tn. bSn avoided, and the dollar costs of Water Patrol personnel and **^^Cochran^'^moved. Grathwol seconded, to *P***^?T*L the $100 deposit refund to the Lake Masters Swim Club. a letter to the Club accompanying the refund ®*?j*jy^*j* situation created by confusion within their organization. The lettJr would further suggest the refund be donated to the Save the Lake Fund. Motion carried unanimously. 2. Minnesota Sailing Mggagina in the Water Boat Show, 26, 29, 30, Excelsior Park Tavern June Grathwol moved, Cochran seconded, to deposit refund for Minnesota Sailing Magasme m the Show. Motion carried unanimously. $100 Boat i K-.T- iv--?' i'-' r: i" 1^.-|r-/ IP'' m Kf -S' :.y'.; hv:,. Wi: 6i;si’ ■ mn Bt‘.,f.*= :*■. ■■ -■:r.'.rx S'?' f^ki* Ose Comnittee August 19, 1991 C. Ordinance AaendBent, to allow tenporarr parking, with tine 14»lt, of naintenance and service watercraft equipment at work sitoa on the Lake. The executive director explained that technically the District or any other equipment operator is not allowed to park 1 jiko equipment on shore. From time to time craft are left on the Lake overnight at a work site. , . - Orathwol advised against a code amendment. He would favor a policr which would allow overnight parking of commercial ^quipmont on a work site or in bad weather. Reese favors a code amendment which would make legal what is now being done without approval. ^ ^ i ♦Cochran moved, Orathwol seconded, to recommend referring to the staff the need for an ordinance amendment regarding temporarr parking of maintenance and service watercraft. Motion carried, Reese voting nay. D. Oeioing Renewal Applications Orathwol moved, Pillsbury seconded, to recommend waiving the d0lcinc ranewal application deadline for 30 days to November i to incorporate Fee Study Subcommittee recommendations. Motion carried unanimously. I. Low Rater Declaration Notices The executive director asked reconsideration for sending the cautionary notice about returning docks to their normal position in 1992. He proposed It accompany the dock license renewals to be sent out in early October. It was the consensus of the committee that the notice be sent out with the dock license renewals. f. Sise of Watercraft - 70* Maximum Length The executive director has had an inquiry from a charter boat operator who wants to purchase a new boat which measures out at 73*. Based on construction and capacity the Coast uuara rates the boat at 69*. The Water Patrol does not consider the pulpit or swim deck in determining a length. Cochran commented that the LMCD Ordinance limitation of 70' is not specific about the method of measuring. . The executive director will obtain further effect of length on construction, safety and how the 70 length for the Code provision was determined. Q. Shoreline Boat Count Summary Report The committee received Thibault's 1991 shoreline boat count dated 8/16/91. from previous runabouts and It was noted the 1991 count reflects a inspectors’ method of classification Cochran said there should - continuedcruisers. change between be a . » ■ -t ■' ^.jMm r7 ' ■ 3,:.- iP-imw BK:.-m IfeV- -■rr.-- fe*':- te- ;‘Uv; .. ’ ■< T'- Lake Use Coaiaitt.ee •gust 19, 1991 consistency. perhaps by identifying all boats other runabouts and cruisers, classifying runabouts and cruisers as one group^^ related the number of boats in shoreline storage (8044) to the DNR requirement for 700 additional car-trailer parking spaces. Ho said that would place about 9000 boats on the lake at one time. Grathwol advised that it is estimated that 1500 boats on a peak use day are on the water at any given time. Under future lakeshoro development projections it has been estloMted the number of boats on the lake at peak use time couxJ reach 2000. Cochran observed that these figures are presented in the Management Plan. The shoreline report covers boats in storage. including all multiple docks, as well as residential There was no action. The figures will be referred to the 3 and 4 Boat Subcooimittee. B. Federal User Fee (Thair Pillsbury called this item to the committee's attention for their information. The Coast of 7/1/91. applies to watercraft over 16 long used in bodies of water with access to coastal waters, such as rivers and the Groat Lakes. I. Water Patrol Report Wate;. Patrol deputies were unavailable due to emergencies. Deputy Cliff Schmidt furnished the following abbreviated report to the executive director. a 58 BWIs ' ave been issued to date. ♦ There has been a personal injury accident * Two boats collided resulting in property damage a There was one simple assault po-rd A more complete report will be available at the 8/28 Board meeting. J. Minnetonka Lakeshoro Owners Association (LMLOA) Request Lee Ann Sanna, representing the LMLOA, submitted a^ proposal to place the LMLOA now educational "Keep Our Lake Clean 12 channels on the Lake, two signs per channel at each entry location. Denis Bailey, Hennepin County Lake indicated his department could furnish the posts, and The signs could be on county land. The material used would be aluminum and could be reflectorized. labor Reese expressed concern about using Hennepin fcauM th« Current aignaga on the lake already of maintenance Cochran commented on public observance of hoa Sell they are read. He expreaaed concern about Other organizations which might want to sponsor signs on the Lake. The executive director noted access signs are in need of continued 4 M: ^V:r'* V. |f>-Ife", *SX “','V ■ K-* 0. W^'’i:-'f' __t *!'» • .;i'sv.".;'' Lake Use Coaedttee August 19, 1991 oi^ganlsedfpossibly consolidated. LMLOA is willing to help on this as part of this project. Pillsbury suggested an inventory of the various types of signs. Qrathwol moved, Reese seconded, to appoint a subcommittee consisting of representation from the LMLOA, Hennepin County Lake Improvemen Division, and former MCD directors, selected by Chair Pills ary. Motion carried unanimously. K. Water Patrol Contract The executive director reported the contract between the LMCD and Sheriff’s Water Patrol is now required to be reviewed annually. It should be renewed by November/December. Ho •uggaeted a meeting of directors with Water Patrol l^pi^f^ii^atives to review the 1991 season's activities. Grathwol maggmmt-id the Chair of the Lake Use Committee, the LMCD Chair and the LMCD prosecutor be involved in the meeting. Reese and Pillsbury would like to see detailed quarterly Water Patrol activity reports. L. Adjournment Qi*iithwol moved, Reese seconded, to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 5:35 p.m. fOR THE COMMITTEE: Eugene Stromnen, Executive Director Robert Pillsbury, Chair 1 4J rV^>’‘ i1r4.fc LAKE MINNETONKA CONBERVATIUN DISTRICT jction Report Water Structures and En'. ironment Committee meeting*Saturday, August 10, 1991, 7:30 a.m. Norwest Bank Building Wayaata, Community Room Meabers Present: Bert Foster, Deephaven; James Grathwol, Chair, Excelsior; David Cochran, Greenwood; Robert Pillsbury, Minnetonka; Thomas Reese. Mound; Robert Rascop, Shorev ^od; Marvin BJorXin. Tonka Bay, Robert Slocum, Woodland. Also present: Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. The meeting was called to order by Grathwol at 7:35 a.m. ENVIRONMENT Eurasian Eater Milfoil Task Force, Chair Reese 1. Operations Progress and Current Status The milfoil cutting program continues to be on hold. The Board motion to provide selected cutting upon request of a city has not generated a response from the cities. There has been reconsideration given to the request that a city supply a truck and crew to off-load and haul the milfoil. In response to requests for cutting in West Arm and in Gray’s Bay, the 2 bays if^]^ checked for milfoil growth. The milfoil area in West Arm is a section inside point buoys that does not get used by the general public. Any cutting in Gray's Bay would have to be "to fr88Bi8nt sccujiiulft'tions at th© dam. R08S8 askou members to be alert to the needs of their respective cities. LMCD milfoil crew members removed milfoil fragments Spring Park, North Arm, and Mound accesses on MN DNR’s Milfoil Awareness Day, Sunday, July 28. Reese visited the accesses. His conversations with DNR conservation officers indicated that many boats had milfoil on them even after the boat owners checked for weeds. The statistics from that day will be available at the Task Force meeting of 8/16/91. 2. Financial Condition and Funding Status Reese reported the Hennepin County Board of Commissioners have approved a matching grant program allocating *145,000 for LMCO has the funds for the match. The executive director has made application fc orae $70,000 of the f .-ding. ^ ^ -u Reese r ed expenditures of about $90,000 to date. The program will .e in under budget. likely within current operating fu:. Reese reported 600 acres have been cut. of the crew i.t »re taken other jobs due tlie program being shut down. I i w Ha'bor Structures and Enviromoent Cominittee August 10, 1991 WATER STRUCTURES St. Alban's Bay,1. Nagel Set Back Variance Application, Greenwood. , j i ♦♦The conunittee received a memo from Thibault and a letter from Lefevere commenting on the procedure to be followed in the Nagel variance application. ^ 4. In following the committee instructions of 7/13/31 to prepare a proposed solution to the variance for the Terrance Nagel property, 21095 Byron Circle, the staff has concluded a new notice of public hearing is necessary. The notice would inform adjacent dock owners, Paris, Saucier, and Cochrane’s Boat Yard, that their dock use areas may be adjusted. . BJorlin moved, Foster seconded, to recommend publishing a new notice of public hearing which informs adjacent docks owners that their dock use area may be adjusted. Motion carried unanimously. Foster suggested the staff work with Nagel to prepare a proposal in concept form. He also suggested using the drafting sorvioes Nagel offered at the 7/13 meeting. 2. Excelsior Park Tavern, Excelsior Bay, Excelsior Grathwol reported he has talked to Fred Bruntjen. Excelsior Park Tavern partner, and it was agreed further review is needed to determine the Tavern’s intended use of their docks. Foster moved, Slocum seconded, to recommend the staff and Chair meet with the owner of the Excelsior Park Tavern for an exchange of ideas. Motion carried unanimously. 3. Gayle’s Marina Multiple Dock License Renewal Thibault reported that a survey was brought to the office Friday afternoon, 8/9. There was no time to review it. It was noted that while the survey was prepared by an engineering firm, it is not signed and certified. There was discussion of the private navigation posts has positioned at the channel leading to the gas pump. The consensus of the committee was to have the posts removed,, Foster feels they are an aid to navigation. Foster moved, Rascop seconded, to recommend Gayle s narina remove the posts and make application for a suitable navigation buoy as an aid to navigation. Motion carried unanimously. Gayle’s Marina is to be acknowledged for the survey, but advised it is to be certified by the preparing engineer. Rascop moved. Cochran seconded, to recommend renewal or Gayle’s Marina multiple dock license, subject to verification of the survey furnished as cor. *'ared to the license on IJJ®* certification of the drawing by the preparer and make application to replace posts with a conforming, channel marking buoy system within the DOA. Motion carried unanimously. - : f' S' kf I rm- ': sir- ■\}>!S... :V- Am ‘ ^f ^v. ' ? ■:. ■ A r./ ■■■v. ‘■ulv , 'i;A- %i - »>■:" L»^- •• \. ^ '^- ■ :b:. S^ructuJTGS snd Environment Committee August 10, 1991 4. Subcoimnittee report on license and permit fee study. Thlbault has prepared a list accounting for $01,000 in foes collected for 1991. She will put together proposed increases in fees for the various license applications in $10,000 increments to result in a maximum total net increase of $50,00U. Cochran asked for a comparison with fees charged by other agencies such as the Watershed District (MCWD), DNR and the cities. 5. Sub-committee report on policies and procedures. The committee has met to review policies and procedures governing the various licenses and permits. The committee will coordinate their work with the fee committee. 6. Staff report on inventory of 3 and 4 boat storage at docks. Thlbault reported she has located 107 docks with three or matercraft, which includes 23 docks with over four watercraft. Some of the docks counted are those with 1 or more P0j»3on^i watercraft. The committee will meet on Wednesday, 0/14 at 6 a.m. to discuss Thlbault's figures. Grathwol noted private party advertisements appearing in the newspapers offering dockage for rent. He suggested a procedure be developed whereby anyone renting must register with their city to verify city zoning compliance. The registration should require the license numbers of the boats docked and the property lake frontage measurement. Cochran and Foster volunteered to serve on the 3 and 4 Doax storage committee. 7, -f report on multiple dock license inspections Thlbault reported that over half of the multiple dock license inspections have been conducted. Host licensees are in compliance. A violation frequently encountc-ed is une storage or boats along the walkways in unlicensed locations. ... « Thlbault said Lord Fletcher’s has 61 dock slips instead of 56 shown on the site plan. A new site plan has been requested. Thlbault noted there are ice machines, pop machines &na vacuum cleaners on the gas docks, in violation of Code Section 2.12, Subd. 2,d, yet are provided as amenities, in some jsses to meet license requirements. Grathwol said that will be forwarded to the policy and procedure subcommittee. Bjorlin suggested a fire marshal be asked whether a hazard exists when there are electrical devices, near gas pumps on the gas docks. ** ^eM ^noted^ that high visibility lights anoh as high pressure sodium lighting, are prohibited on multiple coBunercials docks under Code Sect. 2.U3, Subd. 12, whereas the is no prohibition governing lights on residential property. 1 i rv. ■ » ■ »'j • • • I.';* . ;r'"^r-- lister Structures and Knvironuent Conmittoe August 10, 1091 W'' Reese noved. Cochran seconded, to recommend instructing LMCD attorney to draft an amendment to Code Sect. S2Sd pSlt high intensity lights in the shorelend Hotion carried unanimously. the which area. 9. The Chair declared the meeting adjourned at 0:35 am. fX)R THE COMHITTEE: Eugene Stromnen. Executive Director Janioa Qrathwol, Chair f;':- , .tk'.' pi ,■/ I*;ffr ' r.t- ' i- ■>. /’V*f r mm Bmy iff: : IP'- 1’ •S' ;. •; ,-• KfeiPr.?''- i ■ -. -,i •i m % 4 I .:i':i rf 4 I I If'& HENNEPIN DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: (612)930-2500 FAX: (612)930-2513 DD: (612) 930-2696 ' i'T DATE: TO: FROH: August 29, 1991 Those Listed Below Jerry 0. Sercka Traffic Operations Engineer I. SUBJECT: Teeporary Closure of CSAM 6 In Orono i . .n. S'" V On Honday. lo epteeber. 1991. CSAH 6 will be closed between Long Lake Boulevard and Tanglewood Bead to replace a culvert. m. ■t A narked detour will be provided via U.S. 12 and CSAH 101. Replacenent of the culvert will take approxinately one week. Hennepin County Board 0^ Connissloners ^« .’Hn:'. t4f,yiT , '•k ■ViV, , ii. > ;■> ' Bureau of Public Service-V.T. Cenzllnger Public iorfca Staff Shor1ff*t Oa^rtoent Shoriff't Radio Tower Library 01roctor-Robart Rohlf V r « 'k • -,s V->.^*«^kaa. %■ ■ i Mlnnaaeta Oeot. of Tranioertatlon Httro District Engineor-vrcrawford Natro 01strict Traffic Engr.-J. Katz . ■■WMJ.Xfoi'jMtlfln * Ptr«n Offlei Patrol Cast Energencv Service Methodist Uospital-Energency North Menorlal Medical Center- Energency Vaconla Rld^vlew Hospltal- “ • - Anbulance Service- — Health One Transportation ' . Midwest Med Kab Hermepin County Medical Center ■ry- *-- ’*■5 1-.. , **■•**" '^■4.' .* »v-v « = jr Iv ;< Madia 'Slar Tribune, Editor i. ___ JT \ .JiC^^un-Nowspapars, Edltbf,.^^*- ^ 'sx .»• . . ^1..^ Ninnoaota 'Nlghway Patrol Nest *—*5Miiii9irr-01 r ^ Chief 't , j . - |».K f Ay| ro'Cblof. rr- ■• •*# •*■ » » %m-\ • Trinsit .- ♦ * ■ .• - “ . ' -s. »" - m f^ur^. K-rdrOini-,<Oj^dfca -tri* «■ tx- • - - a ^ « -d Post Publishing, Editor VCCO.Radio.Station ‘‘MetroiMiTItan^ Traff1c~Control £%4^Aner1can Autonoblle Association - - -T' Ken Nonr.'Dooostic Trave^. " ' PubT 1 e ‘forks -• t3^ •- .d_ _ School Ols^yo^- drone HtCTTrantit:0pirat1ng Division rr.^:r:^z:■::i^zsss!tS9sMl^r^ntandant ■:s:^!:,TSsss:Ti£.r^'::: Dick Loofflor, Mgr., St. Operations _ T^^Transportat1 on Director V >*•.. — trv. :■ M •' , V* V . C .-'■•• HENNEPIN COUNTY an equal opporfunrtv empioyef hkim '• -Ti TduM II *»: . • i! f- ft!:. f; ;F- I ' .-I' I'-- \ ,« ''?■ 'i/ !■n :a-r it- '• Iky-’•it *\i # K Sfi'- ■ t^.'* ■ ky‘ • ■yv 1C ft NEWSLETTER OFFICEt M MWNEAPOUS, MM • WAUKESHA, W1 • JAMESTOWN. ND VOLUME 36. NUMBER 2 AUGUST, 1991 FILE: Rnancial Specialists: Ehlers and Associates, inc. Please distribute to governing body members Tex'exempt Merest rate* continue to be very earacave for municipal borrowers aiKf wUI likely remain attractive tor Issuers through the end of the year. This Irertd should oontlrtue sirtoe budget ■hortfels could MmN the Issueitoe or supply of long term munUpel debt end Increased taxes could moraeae tie a ttractiveness of municipal debt or to buyers. Both factors should ^l^ munleipol botMto remain attracdve for issuers. $UnOMAL AtSOCUmOM OF moePENDEHT mAMCIAL ADVISORS CERTIFY SIX MEMBERS OF EHLERS AND ASSOCIATES. The National Assodaflon of Independent Public Finanoe Advisors is an organization of professionals speolelMng bi provkAng financial advioa to public for bdrastnidure financing. lr "}-term I. and JiMI AMI Mm Mm JW.tMt Jeeey. IMI Rigionil Mh • to yw uo%U1% M Mti •» VMl 7.10%7J0M nowme Sons Mn • 30 ywr 714%7jn ottwr Anandal advisory engagements. The sevenieen-member association, opened last year, brings together leacing Inde pen dent firms from across the Urtlied .o concentrate efforts on improving service, support to and protecting the best interests of pubte agende. At Ks anmial mealiitg in Jurte, six members of Ehlers and Assodates were reo?grtized as charter certified Independanl public financial advisors. They include Steven F. Apfelbacher, Caroly. Orude. William E. Fahey. Jana RIstamaki. Seega r W. Swanson arxi Jeanne Frederick Vanda. This recognition reflects highly on their skills and on the Association ’s motto *Professional advice. iiKfependent of conflict*, the most important component in die pubHc finanoe process lor transforming ideas into reality. MS REtmURSEMEMT REQUUTIONS EFFECTWE SEPTEMBER 7, 1991 Pubic age ndae Iradttiortany have been allowed to issue bonds to reimburse themselves for capital etqMrtdMuras ttey paid from fUrtds on hand, even if they did not pass a resolution stabng their intention to do so. These bortds have been labeled 'pyramid bonds* meaning an issuer could go back far enough in time to reiritburae itself fbr buikSrtg the Egyptian pyramids. Pyramid bonds are viewed by the IRS as a way for pubic a gertdea to earn arbifrage or avoid other tax limitations or restrictions. In other words, the public agoTKy iseuea debt fbr a pro^ it had no intention of issuing debt, paying itself back artd investing the bOTKl proceed s at a higher interest rate on the bonds or financing public improvements that could rwt be financed by tax-exempt debt 2950 NoTMMt CsMe • 90 Soul) SeenSi Stoal • Minoespolis, MN 55402-4100 • 612-339-0291 • FAX 612-3390654 fe- Tlw IRS to prapotino imm ragutotiont to bo offecllvo as of September 7,1991. The regulations will require lour ganoral opening nqummontt be met before a reimbursement will be allowed to be i i«de from bond proceeds. 1. The toauer muel declare Ns Interrt to reimburse the proposed expenditures from tax-exempt proceeds (oflldal bitonl period); 2. The MarN must be declared during the two-year period ending on the date the expenditure Is paid (oMetol Mari period requirament): W- 3* Tha nbnburaemant of tie expenditure (issue of debt) must be made no later than one year after the tie expendNure was paid or one year after the property was placed in service, whichever Is later l);and 'i-i 4. The robnburoad expenditure must be for property having a reasonable expected economic life of at toast one yetr (economic Me requirartMnO. SCrv & 1. 1 J 0It Si tie procadurai requiraniart can be satisfied by a resolution from the public agency. The resolution muMiiiguMMy daaorMe tie properly or prOect and Identify tie reasonably expected source of funds tiat wM be UMitipaytieralmbMmamanUspemMuie end tie reimbursement bonds. These IRS reotrtctlons wM Inyeae oonManaanbonoeNngbanaeotonatiai have been very routine for many Issuers. Consult your financial advisor 3 btotd M a paaaMMy tial lax-ONompI debt wM be issued for any expenditure prior to the undertaking of any pitiMl V a lamporary bank lotoihaabaenseourad prior to undertaking the protect, ttienttiese restrictions w« of tie dabt to viewed as a refunding. I you bMa any quaaaons aboid pyrarM bonds and/or the proposed reimbursement regutations, feel free to cal any of tta BURSANOA ATES.INC. 0 i'b-' K ■ . . e X QteiMfi F V StauanF. 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CM af indaM IJ19M Hfl $95%7 15%Af Mwlftun«v% tJOlMHi 1.I00M HfMOil fOi%7 15%Af1 »«utcMin*on tjQ .iMMAj iMM AHM Hfltfii •45%7 10%ifil Mutctunton 4jil9M tfN-1911 • 91%7 10%A AdWa varwy 60 TmMMJCM dMNMM 1 OMM IMI 5 94%1 10%Af AaMa vaiay to fdMM iAMMf tMiM 10.1MM iMf^n f 9f%7 10%iaaVCGK Sandttona t o. ?4B AnM Cvf. df MMM ifjfma HM $M%7 10%Af lUidttrom t.O. taa A am cm «r AMM 4M9M 19M 549%7 19%Mf undttrom tJO VfM MMAf tMM 11J9SM It^JIOIl • 91%? 10%Ki<C AaMPfon to. IdHM iaiiwt •Mil 4J9GM IMM011 ftl%1 10%A • S 0 9414 lattv irauta tJt fM fMM CM ¥ mom 4jiMM Hit 541%710%Af • SO 4710 S< l».rt County MfMMM CM MAMM IJ10M itai S4f%Ij00%Ai tit t« MM. CM df mm IJffM i«i 549%?••%Ai Mlrroai tt. •r«M MM •M •MM Ifil $49%7 0t%Af fMfdWiftan •Mm H9I1005 •••%70M Af Gran«a »MK to. 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C4M M C4M.«f .CM «f iSC IjDJOM •VlVtl OaLfMlMLCM «f Mtt «IM 9lVtl aa«MMM«Mf IMOM •vn/ti Wtosommornm i.i40M •ViVti ta «ja ij 1.11 iij HGl 1CU Iftl 1f»l iMllOtf Iftl 10 1 IfillOOl Slt% 511% IJf% tJtf% 11t% 111% I §1% 511% 5 01% 511% 5 01% • 01% • M% 541% Ij 1tt% iit% 1j0t% 100% IOt% •ii% •••% • ••% f ••% f ••% •••% •Ji% • ••% m •mVCG< Mm A1 At M4 At A4 raaa Cet^ty Imc Mr Caimry • MMwHlII Aa/AA* Aay'AA' UMa Ufa GiMan VaMv A ka AM Caunty Mta* Caunty <50 • Hi Ara CffMM laian fafan Hoyl lM9% MOfi taiai Dof Tvoa ol Bondi Amoy fit iMiydbt 8Si S: 01/' V9' 01/' •/•' 01/<1/91 01/'1/9' ‘51/'1'9< 01/11/91 01/ ’1/91 '9' 31. *1 9 ’ 31. 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GO fafuridvf iwidt G O CrotiOadr fafundmg fondt G O Grant AnlKifal'On 9ondt G O fda Wataa A Sdaaar Sytttm fonat G O fda Sfttaw* loan fondt G O Taa MKramant faTundin^ fondt G O ScttoM •u4daif fondt C O ScbdQf inidatf fwadt G O Adaanca fafundatf fondt G O Cffont AntK Atroon fda Oordt G O Caortai Aotat CO 'Mioroaoraiont ivada G O Watof i SoAWf Ooii tut Oondt G 0 Watar Matnui Oofundino fondt G O OafunMni UMproaanani fondt G O Star Ml favor fofunWnf fondt G O ToAtfAfOry fdvor foaonuo fondt G O Atyvatf Hooia Bondt G O CAMtoT Aetot G O Taa mcramont fofiyidHio fondt G O irodroaomoni fondt (CAft| G O Wattawdtor 'roototont fondt CO tv MHrfiatani foftvMnf fondt GO •ofundMtv iwidt G O Couniy lo4 iafundaif fondt G O ScbOdi lAliAf fondt 0 O Tu McroAvnt fafunwnf fondt Q O iart i focroation Mf fondt 0 O UMWVUVont fofundtng fondt G O lAwdvont CandKatat G O fvl^i fondt t SOOOM Ifil S04%• 09%Ai * OOOM *991 so»%• 09%Ai TOOTA 1991 S09%•J9%Ai ’ 100%4 ’991 4 91%iJi%Ai ’SOM I9fl I9tf f 19%• •9%•Ml • *05M 19fll007 • 1«%• 09%•Ml <1 140M 10111015 f !•%• ••%A ” 990M 19911010 • ••%• ••%40IC • 70SM <991100’S 15%• ••%A 1 900M ’991 S0f%• ••%Af 140M 1991 490%• ••%Af 7SO%V 1991 495%• ••%A 1 If 5M 1991 S07%• ••%Af • 410M 1991 4 79%• ••%Af 1470M ’991 s 15%• 91%Af 1 050M ’991 5 14%• •1%Ai 7 175M ’997 1011 f 91%• •1%amcac l.MOM ’991 49i%• fi%Af 4 150M 1991 lOOf • 14%• Bi%A 1 ItOM 19911019 7 0i%• 91%AA ’ 170M 1991 1017 7 10%• •1%Af 1 IfOM 1991 515%• •1%fl 540M 1991 511%• •1%Af < 74SM 1991 511%• •1%Af • flOM '991 loia • 91%• 91%AMtAC • 950M ’991 50f%• 91%Ai 1 f05M ’991 5 11%• 91%Af 7 700M 1991 9 99%• 91%CGt 400M 1991 1996 591%9 91%tail 515M ’994100’• 41%• 91%•aai 175M 1991 1997 510%• 91%A 5I5M 1991 1009 f 19%• 91%A 4900M 19991001 f 10%1 01%iMOAC ’ fl5M 1991 5li%101%At 415M Ifil 1994 519%101%Ai 115M 1991 5 11%101%Af 1 ifOM 1991 5 11%101%Af 1.410M lifllOOf • 41%1 01%A 1 795M 1991 509%109%Ai 1 07SM I9fl 551%109%Ai I.OOOM iffl 1991 511%109%Ai ’lOM 1991 5 94%109%At 195M Iffl 1007 f ••%109%Ai 1 IISM 19911001 f 11%109%iMi 6.5O0M *9fi 4f1%10B%Ai llSM 19*4 1004 • 11%109%A 440M 1994 1000 599%1 09%A SIOM i99S100f • 51%109%A ’ 650M i9f4-1007 • 41%109%A I40M 19911001 • 11%lOM Ai lOOM iffiifif • 49%109%Ai 1 llOM 1991^1005 • 99%109%A • 150M IffllOOO • 04%109%A 495M Ifil Ifff 591%7 09%Omi f.SOOM I9m>l0l7 1 14%IQM •mi 400M Iffl-Iff!591%1 09%iMi fOOM IfillOOl • 11%10S%Mil 515M Iffl 1999 $•4%109%A 1.I15M 1994.1005 • $•%190%A J50M 1991 l.$9%1 11%Ai IfOM iffllOOf • ••%ioi%Om 915M Iff!$51%109%Om 1 170M 199V1001 f lf%109%•mi 1.M5M 1994-1011 lJf%1 11%•44 1.75044 199M997 599%1 11%•aa 1 7fSM 19911000 • 59%1 11%•aa 1 91SM 1HI • 90%111%At 1.450M 9a ; 1995 $4i%114%AVM 515M Iffllw^• 19%1 14%Omi 1J50M 1*911011 <;%1 14%•m 115M Kfl 1999 • 11%1 14%Ai H5M 991 1994 $91%1 14%Ai J154 19911994 $91%1 14%Af 1.50TM 1991 $99%1.14%Ai 1.I00M 19911010 f.f9%1 14%A MOM 1991 199$$i9%1 14%•aa 1700M 19991005 f $1%1 14%A • 70M 19991001 fJI%1 14%Af 1.400M 1991 941%109%Ai 5.110M I997>}00f •49%109%A41 650M 19911991 $J9%109%A M5M 19»4.l99i 9.01%109%•Ml «.710M 1991-1011 • 19%109%A f.nOM 1991 MOi • 99%109%AI 14MM 19911001 f.1«%109%A1/A* 1.11544 1994-1001 • 09%109%AI/A* 150M H91 1999 • 09%109%Ai 400M IffllOOf •J4%109%Ai Amount ItotufWvlAO iMSiMftMMr ■mIoO Cowmf Cai^ lMr4 ¥ tM i>Wiw<n< facOMi Autfi. 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CHAPTER NEWS ,1 -4 i \4 •i I;c; i J 3 \ r.\ 1-: : .ill h\ LlW ,irT;< U'x .‘f'll • . ,'^s '•>! •' ». • • , • shu) Vnte<l tn .ipp^‘>\M »hr T”* ' '• » drjrt has tn th«*' ! . •* • for appmv .il The c .!!••»'’• meHiHi; .i. M jn ^p»-.t^i • Randv Siei^mund v\e**tem s.i «•- manager for theC ent^ai SiinnKu"^ ( i>n»p.r'\ ' t . ■ ■ •. '•• . . . • ' • ' . • * ♦ ! •• 4 ' ' ^ *•; ' •■ • * .* •• I t . i <4 .•'•*.♦ • . ■ *• ■ * f.l IF COAbT ASSFX UIIOS Of Bl IIOINC OFFK lAIS *’•»•* . i ,i4i* < V- '• « >t« , . ^ V ” “ .•'ft *11 *»» I If *'*»*\\ ; fl.lDir' • *r i » »V *‘' . v\ President. .. . • • *. ■ a . • \ il e-Prt’M<lenl ’ .......... • i . i • • ' : • V . 4 • I • Necrefarv: *• ' ‘a. , '»• Treasurer: .\ ! '*»• *i,» * > , «. •* W*' ,v.» ' * I !♦'. « fv H*/»,>*. a' LAKE COUMRV CHAPTER MEMBERS SUPPORT THTIR LOCAL COMMLMT^ The monfhor Mav [jmsedfobea liusv one lor ICBO s LakeCounfr\ C hapfer ( )ri Ma\ 4 the chapter initiated thetr invoKement m the State ot Minnesota s Adopt a Hiuhwav program, in which an ori^ani/afion volun teers to keep a J-mile stretch hii^hwav clean m exchange tor a Mi*n posted along that stretch stating the organization s name and thanking them tor their part m litter re moval Fortified bv coffee and '^olls 14 chapfer membt'rs set out earlv Saturday morning Sporting orange safety ve^ts and trashhags supplied hv the Minnesota l)epartn>ent of TranstJortation iMS D(3T' The chapter was assigned a stretch of Highway lust south Of Hastings The c leanup took less than tour hours, and evevone enfoved the outing lames ArentT. building oftii lal Citv of ()ak- dale. received an award tor Freshest Road Kill. ” and Alan Zepper. buildmgotticial C itv of Stillwater, reieived the VVasheil I |) award tor discovering an abandoned wash ing mac hine in a roadside ditch Thee hapfer did such a fantastic |ob that \1N DOT lM*gan resurfacing the highway the tollov\»ng \1ondav' Since most states now operate similar programs, even the smallest chapter can par- tifipate. In addition to improving the envi ronment. the chapter and the Conterence re ceive some good publiciiv from the sign posted along the highway Two weeks later. 1 0 chapter meml)ers met at the hixne of Ms Dora Lvons to build an accessibility ramp tor her wheelchair In the past. Ms. Lyons mother Magnolia, had to enlist the aid ol a neighbor to litt her ciaugh- ter down the three steps for walks around the neighl)orhocxi. Thanks to material and labor cionated bv the Lake Country Chapter Ms Lvons can now use the beautiful yvexxj ramp leading from her front dexir to the sidewalk beloyv. and she and her mother can i ome and go yvithout the need of outside jsms tame. This was the second ramp built b\ the Lake Country Chapter and another .s planned tor later m the summer I yt r #-"■ lake Country Chapter memherf divide and conquer a stretch oi Highway 9S near Kartingi, MinnetoCa. \ \ «< Posing proudly underneath the sign in their honor^ Lake Country Chapter memben. spouses arsd triends involved in the ^Adopt a Highwav" program include, lefi to righi, Gloria Arend: Jeneice Maruska; James Arend: Merlin Wilbur, chief building official. Citv of Hastings; Ken \ordquist. plan check engineer, Citv of Bloomington; Allen Zep*>ef; Bill Schmitt, bu.tding inspector. Citv of O ,ale; Loren Kohnen. building official. Ci, r of Independence; Terrs Marusl^, building official. CHy of West St. Paul; lames McNamara, building official. Citv of Lake Elmo; Leroy Lutake. building inspector. Citv of Maple Grove; and Karen Lawrence. %rr- Allen Zepper. cemer. enlistf the help ol hh friends in hoisting an ahandoned washing machine from a roadside ditch. I etk ^*«r i, ^r Chapter wetnbe n father together on the new ramp to verify its strength. Pictur^ left to right are Glenn Buffell, infem. City of Stillwater; Allen Zepper; Roherl Hegner. building inspector. Count v of Washington; Robert Hegner. |r.: I vie Oman, building official. Citv of Orono; Clav Larson, building official. Citv ol Brookivn Center; Ken Nordquist, plan check rngineer. Citv of Bloomington; Loren Kohnen. building official. Itv of Independence; Dora Lvons; and Magnolia Lvons. Sot pictured are Rick Breezee, manager. Building Inspections. Cits of BloiNnington: John Criebler. building official. Cits ul River Falls. Wisconsin: and Dave Ftsher. building inspector. Citv ot Brookivn Center. Lake Country Chapter President Rick Breezee shows Ibe proper working jllitude for an earlv Saturdav morning. HwMwptn Coo—ivtion DIstriet m il ig' St: W-;*-p;^ mi’m I#: 4)i' ii p - September 4.1991 SEP 5 - Ml. Jeeme Mabusth, City Planner CkyofOrono Bok66 GSryttilBay, Minnesota 55323 Ms.Mabitth: Tlie Wetland COnaervatioo Act passed by the 1991 legislature reflects the public's conc^ ^KNit the loss of wetlands. Since its enactment into law on June 4, the Hennepin COns^ation District has received several requests for interpretations and explanations regarding the rfthe Act The Hennepin Conservation District in response to these requests and in with ihe Bomd of Water and Soil Resources (BWSR) is hosting two workshops on thewbdaiidOaoaervation Actof 1991. BiKip is fchwh»t«4 for Wednesday. September ^ at the Minnetonka Gty Hall and agenda). District staff will provide a summary of the Act and al objectives of the first workshop m to idendly The first wori (see attached meetinf answer questhms lelaied to the Act A(-----------------------—-----------. ^ . eieu that leqniie additional clvificatioiis or interpretations by BWSR and prepare for the second the second workshop. BWSR staff will discuss the items identified on September the status of the inte^ gi^liiws requited by the Act workshn At the ISandduKuss Please share this infonnation regarding the workshops with your colleagues. I would ippITytaiif fft yffimiiiK numher ftm yourciQy that ate planning to attend. Your estimate will assist the District ensure that there are sufficient handouts, etc. for the attendees. Please call the District office (544W2) by September 24th with your estimate. Thank you for your time and consideration. Don’t hesitate to call me if you have any questions oonow' the workshops. JbdCSettles District Manager - ',W'‘fttffw PtaW: Wflf- 124S0V\toy*ala Boulevard Minnetonka Minnesota 55343 Telephone (612) 544-8572 AGENDA HENNEPIN CONSERVATION DISTRICT - MUNICIPAL INFORMATIONAL MEETING oonceming WETLAND CONSERVATION ACT OF 1991 p ' lii- p^v-' t ‘ .■ > m Nfinnetooka Gty Hall Boards & Conunissioo Room 14600 Minnetonka Boulevard Minnetonki, Minnesota Wednesday, September 25 1:30 p.m. L n. m. IV. WdoooBB and Introductkms Overview of Wedand Cmsetvation Act of 1991 Qoefliooa anr'discussion Pkqianiioiis for Board of Water and Soil Resources Workshop on the Wetland rvMioii Act of 1991 S'4,?>3&. a. ivofr b. m c. dneandloca ’ * 1 • ♦ ' ♦ • ^ * I*. n ki w m, ■ ^ #’ my^M -fc’ s? m- |s» :--.v V. f:AW' . . A‘> upper parking lot J ! i 1 i I Vi •V'' 'V?%. f’' ^ '■ ':' V*'*'' '■•'^ il;Vt iisfevft' IP *7' ■ ' v; ■f<U vif' ■i*sx£ : CITY OF MEDINA. 2052 - County Road 24, Hamel. MN. 55340 Septenijer 4, 1991 Douglas Bryant» Hennepin Parks 12615 Co. Rd. 9 Plymouth, MN 55447 Superintendent [SEP t; Dear Mr. Bryant: He have discassed your letter of July 26th, with various staff members in Vhi^ you ask that copies of development plans in Medina be sent to Hennepin Parks, for review. Me believe that a review by your staff will only be a duplication of nolle that is currently being done by other agencies. Presently three watershed districts, the DNK PCA, Corps of Engineers, Hennepin County Transportation and the Hennepin County Health Department have input into plans that affect them and we believe that any concerns that you might have on a project would be addressed by one of these other agencies. As you may remember, projec..rf completed by Hennepin Parks have had eoctnsive review by Medina as well as several other agencies. We therefor took action at our Sept your request to review plans. r 3rd council meeting to decline If you wish to aiscuss this further please call this office. Yours truly, CITY OF MEDINA Acremite, MayorGary Acromite OC:Hassan Independence Greenfield Plymouth Champlin Orono Bloomington Dayton. Eden Prairie •1 AOMINISTRATiON • PLANNING AND OCVELOPMENT • PUBLIC WORKS: 473-4643 / PUBLIC SAPETY: 475-9209 - ■«gl Fii-<!' '-^Jrrf-- - SShi^-- - -. - - ijr-r .’ ' • ♦rrr^rr^i^-^r^ - - ¥.o % ■."'Sfe., fe';SS#^ W;^ S^. Sr .^:M •=S&.. ' - ,-rvA.gx j~. .9:*X‘ '^ije^^F mm^fmmm, t4 - V vl^ •fiFL-;: ■"i i - jr ■' ‘ -T n-**" J-; lj|r . ■« ? 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