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HomeMy WebLinkAbout10-28-1991 Council Packet:■ ti/- ii'- I.5 ft" V1^ *v •^v. t kv ■/ .; '■;// f ■'VIP P"M: A6BNDA FOR COONCIL MEETING SET FOR MONDAY, OCTOBER 28, 1991, 7:00 P.M (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the ^enda items are available In the Public Packet which may fljj|M^ta i ned upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES * 2. Regular Meeting of October 14, 1991 c Oct es i99l 0 LAKE HINMBTOHKA CONSERVATION DISTRICT - JoEllen Hurr Representative PUBLIC COMfBHTS - (Liait 5 Miontes Per Person) SOHING ADMINISTRATOR*S REPORT ♦•APPLICANTS**iHBediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 3. #1573 Carol Kelly/James Massey, 3020/3030 Casco Point Road - Final subdivision - Resolution 4. #1608 James Hartzell, 2987 Casco Point Road - Variance - Resolution 5. #1626 Eric Wilson/Tim Traff, 2683 North Shore Drive - Variance Revision - Resolution 6. #1693 Albert D. Hanser, 1685 Fox Street - Moratorium Variance 7. #1694 Douglas Merz, 3195 Watertown Road - Variance - Resolution 8. #1695 Thomas and Alice svuck and Joan M. Bauer, 4345/4365 North Shore Drive - Moratorium Variance HATOR/COONCIL REPORT ENGINEER REPORT * 9. Final Payment Highway 12 - Sewer Mains 6 Water Mains CITT ADMINISTRATOR'S REPORT Authorization to initiate Hiring Process for Full Time and Part Time Police Officers Bid Award - City Facilit.es - Site Preparation - Partial Public Works Facility Construction Manager Contract Request From the Navarre Business and Professional Council Regarding Holiday Decorations Minnehaha Creek Watershed District - Clean Water Partnership Grant Application Architect Contract Amendment Salary Adjustment 6 Change Position Title - Stephen Weckman Resolution Ordering Report and Feasibility Study for Stubbs Bay Sewer Resolution Receiving Feasibility Study and Calling for a Public Hearing for Stubbs Bay Sanitary Sewer Area V/1; 10 11 f 12 'It 13 • - 1 14 *15t *16 p' ^ ■ 17 18 A6BMDA POR COOMCIL MEETING SET FOR MONDAY, OCTOBER 28, 1991, 7;0i P.M CITY ATTORNEY'S REPORT LICENSES (19*) BILLS (20*) EOJOORNMBHT L DICOHING I880ES AND EVENTS 10/28 - Council Meeting 10/29 - Facilities Committee '5:00 p.ro. Room 107L Education LinK ll/ll - Veterans Day - Holiday 11/12 - Council Meeting - Tuesday 11/18 - Planning Commission 11/19 • Initial 1992 Budget Hearing 7:00 p.m. Council Chambers 11/20 - Stubbs Bay Sewer Area Public Hearing 7:00 p*m Council Chambers 11/25 - Council Meeting 11/28 - Thanksgiving Day - Holiday 11/29 - Holiday i’--'N'-k- % .‘L i>- # I? ’A twr- I tk‘. tp ly- it? MINUTES OF THE REGULAR ORONO COUNCIL MEETING -OCTOBER 14, MINUTES OF THE REGULAR ORONO COUNCIL MEETING Ocj. - 0CT0BE^' T4, l9o, ^0 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, CounciImerobers J. Oiann Goetten, Gabriel Jabbour and Edward Callahan. Mary Butler was absent. The following represented the City staff: City Administrator Ron Moorse. Public Works Director John Gerhardson, Finance Director Tom Kuehn, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook. Chief of Police Stephen Sullivan and City Recorder Terl Naab. Sara Moos was present to represent the Planning Cmmission. Mayor Paterson called the meeting to order at 7:00 P.M. (#1) CONSENT AGENDA Mayor Peterson added Items #14, agenda. 15, 16, and 20 to the consent It was moved by Callahan, seconded by Goetten, to approve the Consent Agenda, which includes the following items: approval of the minutes of che Council meeting of September 23, 1991; Stubbs Bay sanitary sewer improvement; additional deferred compensation plan, resolution; certification of delinquent septic inspection ^aes, sewer and water utility accounts and recycling program fee, resolution; annual performance and salary review for maintenance worker, Scott Oberainger; licenses; and the bills. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be Included in the minutes in their respective numerical order. (•#2) APPROVAL OF MINUTES It was moved by Callahan, seconded by Goetten to approve the minutes of the regular Orono Council meeting held on September 23. 1991. Ayes 4, nays 0. (#3) SEWER PLANT PROPERTY PLAN d1scuss1on^*concerning°"thirproper^ He noted that the Park Commission recognizes the need for revenue and the value of the site for park purposes. He noted that because of the upgrade to Highway 12, this area will experience a lot of development pressure in the future. Flint explained that the Commission feels it is best to use the site for development and still main­ tain access for public enjoyment of the property. is why they are requesting expenditure of the money to contract w th Mr. Shardlow to provide options for development of the property. Goetten asked why the project was not being presented to the Planning Commission for their input on the development. 1 I J’/- t. T '/f ■'a ’.vi MINUTES OF THE REGULAR ORONO COUNCIL MEETING - OCTOBER 14. 1901 SEWER PLANT PROPERTY PLAN - CONT. Callahan explained that typically if a developer were to bring ai application like this to the Planning Commission, they would already have consulted a planner for this type of input. He noted that the expenditure was denied last time to give the Park Conelssion an opportunity to discuss the fact that the land would have to be purchased by the Commission to use as park land. He felt that they should now go ahead and authorize expenditure of the money to hire the consultant. Goetten asked if the Council felt that this property is so unique as to require professsional help such as this. Mayor Peterson agreed with Callahan. Jabbour felt the need to get someone from the real estate market or outside to determine the true value of the land. Mayor Peterson asked if the Commission intended to see the property developed 100%. Goetten felt that it should not be developed to that level. Callahan noted that if it is subdivided for development, it would then go to the Planning Commission for their review. It was moved by Callahan, seconded by Mayor Peterson, to authorize expediture by the Park Commission of up to $950 to contract with a professional planner for options of development for the sewer pond property, to be paid for out of the Park Dedication Fund. Ayes 4, nays 0. Mayor Peterson asked how soon this would be completed. Flint replied that It would be completed within one month. He went on to Inform the Council of the Park Commission's decision to hold a public hearing to discuss the property that the City owns In the Crystal Bay neighborhood. Gerhardson noted that this Is not actually a public hearing, but rather a public Information meeting. Flint explained that the City does need an overall comprehensive park plan. He noted the last one was done in 1980 and it needs to be updated. To date, he noted that the Commission has dealt with natters as they come up, but feels it needs to go beyond and establish this long range plan. Jabbour noted that the Crystal Bay site will be the last to bo developed, probably in about 1 1/2 years. Mayor Peterson explained the Crystal Bay residents would like to see a little league ball field, tennis court, or hockey rink. I f Kl- I'T'-i;Kf": r* k-k- >K ^■v k r. r frIfIt ,1. MINUTES OF THE REOULAR ORONO COUNCIL MEETING - OCTOBER 14, 1991 SEWER PLANT PROPERTY PLAN - CONT. Flint noted in order to build a little league ball field, additional property would have to be acquired. Jabbour reminded that walking paths are continuously brought up. He noted that the LMCD choose to take the position endorsing what is in the existing Comprehensive Plan regarding Big Island. Ho felt that having an overall Comprehensive Plan would be helpful when attending meetings of other organizations. Goetten felt because of the level of involvement of the Park Commission, a liason should be established to help the Commission with their work. Flint noted that would be helpful as Gerhardson is the only person serving as liason and cannot keep up with requests. He advised that other cities receive money in a combination of ways, such as user fees, operating budgets, park dedication and bonding. He felt that the City should look at other options for funding. Goetten felt a task force should be formed to review this matter. Goetten noted that Moorse should organize this task force. ADJOURNMENT Mayor Peterson adjourned the Council meeting at 7:22 p.m. HRA meeting. for the REGULAR COUNCIL MEETING RESUMES Mayor Peterson resumed the Council meeting ify • If) L PLANNING COMMISSION COMMENTS There were no comments representative, Sara Moos. from the Planning Commission PUBLIC COMMENTS There were no comments from the public. ■r kr.- * r 5- I i- ..•V ^ •- •f^ i^. MtNUTIS OF THt REGULAR ORONO COUNCIL MEETINQ - OCTOBER 14, 1991 (#4) #1573 CAROL KELLY/JAMES MASSEY, 3020/3030 CASCO POINT ROAD _ A) REQUEST FOR SPECIAL CONSIDERATION REGARDING PARK FEE REPORT BY CITY ATTORNEY B) FINAL SUBDIVISION Carol Kally was present for this application. Moorse explained that this Is a subdivision application that has bctn befora tha Council prior to this meeting. He noted that there are a couple of issues that need to be resolved, the first being the amount of the park dedication fee to be paid and the second when that foes needs to be palo. He noted that the assessor has reduced the valuation to $72,000, thereby reducing the fee due to $5,760. He explained that payment of the fee is a condition of final subdivision approval, duo prior to filing the plat. Goetten asked If the second lot could be sold without final subdivision approval. Jabbour noted that It could not. however the applicant could defer payment of the park fee until a later date, but the valuation would then be recalculated from the payment date. Barrett noted that ho was Incorrect In his original finding at the last meeting, and that the Council does have the option to delay action on ths final plat, however, the valuation would then be calculated from that extended time period. Habusth explained the applicant has a six month period In which to file the plat once the Council has granted final subdivision approval. Kelly noted that she has been trying to complete the subdivision for 1 1/2 years, and It was originally filed under the old parr, dedication fee ordinance which would have required a $400 payment. She has since lost two potential buyers because of the status of the subdivision. Goetten noted the Council understands the problems with this application. Kelly noted that she has spent approximately $20,000 on the entire subdivision and all required Improvements to the property. She noted that had she been told of the additional park fees in August, she would have discontinued the application and saved approximately $4,200. Jabbour suggested that they approve the final plat but do file It for the six month allowed period of time. not Mabusth noted that after the six months, applicant could request an extension with no additional fees. if k , I & NZNUTI8 OF THE FIOULAR ORONO COUNCXL MEETXNQ - OCTOBER 14, 1991 #1573 - CONT. Callahan asked when the market value Is established for the property. Barrett noted that It Is established at the timv of preliminary subdivision approval. Callahan noted that the Council could table final approval until the applicant Indicates she is ready for approval. Barrett noted that If the time Is extended, the value is then established from that extended time. Mabusth questioned whether the applicant could legally sell the property with only preliminary approval. Barrett explained that she could accept a purchase agreement but the closing would be predicated on the final plat being filed. Flint noted that the Park Commission originally felt the valuation should be calculated at the time of the sale as one would then know what the property sold for, but In reviewing several other cities, they all calculate as Orono now does. Kelly asked how this would affect her mortgage application. Mabusth suggested that the application be tabled to give the applicant time to research the implications with the mortgage company. Kelly noted she would still like the subdivision approved, and payment of the park fee bo duo upon the sale of the property. The Council reiterated that they legally cannot do that. Mayor Peterson explained to the applicant that she would have the right to extend the deadline for filing of the plat, but the valuation would then be recalculated. Xt was moved by Mayor Peterson, seconded by Jabbour, to table application #1573 for Carol Kelly and James Massey, requesting final plat approval and special consideration of park dedication payment for property located at 3020 and 3030 Casco Point Road, to give the applicant time to research the implications of final subdivision approval. Ayes 4, nays 0. :n- I- r ' t: rv*- i & MINUTES OF THE REGULAR ORONO COUNCIL MUTING - OCTOItR I4i I9§i (#5) #1629 OUNCAN MACMILLAN 1700 FOX STREET VARIANCE - RESOLUTION #3026 Jim McNulty was present to represent the applicant. Moorse explained this Is a request to construct an open carport in lieu of the previously approved garage. Jabbour stressed that after the Council granted approval for the project. Mr. MacMillan vowed that was he last request he would have concerning this property. McNulty explained that the project went overbudget and the owners realized they would prefer a carport to meet their needs. Mayor Peterson asked how we would handle the situation when In a year they come back and want the garage. Gaffron noted that the resolution addresses this potential. Callahan noted the applicants originally wanted the garage for security parposes. Callahan asked staff If they had any other concerns. Gaffron noted thera were no other concerns. Jabbour askeo if covenants were ever filed in the chain of title restricting further development of the property. Gaffron confirmed they had been filed. It was moved by Jabbour. seconded by Goetten. to adopt Resolution #3026, for application #1629 for W.D. MacMillan of 1700 Fox Street, to revise their previous variance approval to construct an open carport in lieu of the approved garage. Ayes 4, nays 0. (#6) #1679 WILLIAM MILLER 2691 CASCO POINT ROAD VARIANCE - PARTIAL REVIEW William Miller was present for this application. Moorse explained that this portion of the application involves an after-the-fact request for variances for structural maintenance of an existing gazebo/bathhouse in the 0—75’ zone. Goetten felt she could not make a decision without reviewing the entire property and the proposed garage improvement. t.!-' .'r '■'t i. ‘ tkLJLUL MZNUTEI Of THI f^iaULAR ORONO COUNCIL HEETZNO - OCTOIIR 14, 1091 #1679 - CONT. Mm«r notp « that at the Planning Commission meeting, Jabbour noted that ^he application could be split and this portion sent on to the Council for review. He noted that Gaffron also suggested at the time of filing the application that they be put together, to be reviewed as a comprehensive plan for the property. He noted that the garage portion of the application was going to be denied at the Planning Commission so they tabled Instead to allow the applicant time to submit revised plans. Jabbour noted that they choose to separate the application because this part spearheaded the entire application and because of the urgency to finish the bathhouse. Jabbour noted that one issue is the structure cannot be Improved more than 50% of the 1975 valuation, which must be determined. Gaffron stated that this structure was never valued recorded by the assessor. even It was moved by Callahan, seconded by Goetten, to table application #1679 for William Miller of 2691 Casco Point Road, requesting approval of after-the-fact variance request for maintenance to an existing bathhouse/gazebo. Ayes 4, nays 0. Hiller noted he has a problem with tabling the application. He also noted that he would withdraw the garage portion of the application right now if it would allow them to vote on the bathhouse portion of the application. He noted that he has no Intention to build Just a two car garage as suggested by the Planning Commission. Mabusth noted that to date revised plans have not been received by staff. Mayor Peterson noted that if the applicant withdraws the application -and then later reapplies, he will have to pay the application fee again and will probably be charged an after-the- fact fee because work was continued after notification. Miller explained that the siding was put on after the stop work order but only for preservation reasons because of high winds. Mayor Peterson reminded Council that the first issue to deal with is whether the repairs to the structure are over 50% of the total valuation of the structure. Goetten understood that normal maintenance has always been allcwed by Council, such as painting, but footings are considered structural. Mayor ^^eterson noted it is Orono's hope to some day remove all of these non-conforming structures through this process. r I i * MINUTES OF THE NEOULAN ONONO COUNCIL MEETIN# - OCTOSEN 14, 1091 omour askid If the back of the bathhouse Is the retaining eall. Millor concurrsd it is. Hs stfltsd thdt only two new footings were installed and felt this did not exceed 50% of the value as the entire structure should be considered as a whole. Goetten asked who ra^.^es the determination on the 50%. Jabbour noted the Council is responsible for making that determination. Callahan felt the enclosure should be treated as a new structure. Miller noted the structure was enclosed prior to the Improvements. He explained he is a fairly new homeowner in Orono and was unaware of the rules. He would not have risked losing the bathhouse. Barrett warned that If the non-conforming structure had been determined to be in a deteriorated state, it would have to be removed. Jabbour asked If this were determined if the entire structure would have to be removed or Just the bathhouse. Barrett Indicated appropriate. whatever portion the Council deemed Hiller noted ho plans to attend future Planning Commission meetings to see how they handle other similar situations as he felt he was treated unfairly. Moos noted she did not feel he was treated unfairly or unjustly by the Planning Commission. Goetten advised that each application is looked at individually by the Commission as each has different c»rcumstances. (#7) #16B4 DAVID A ANNE GRAHAM 2745 SHADYWOOD ROAD VARIANCES - RESOLUTION #3027 David Graham was present for this application. Moorse explained this application involves the improvement of an existing residence structure involving the expansion of a second story and the installation of s two tiered deck replacing an existing patio/deck area. Mabusth concurred that the applicant is proposing an expansion of a second story addition in the mid-sect>on of the house, the rcwovAl of on oxlstlng patio araa and thraa-^saason porch raplacing It with a two story deck. The original araa of the thrae**saason porch and patio shall ba raplacad with a trallls and natural ground cover restored resulting in no hardcover. 8 i::S' r MXNUTIS OF THI RIOULAF ORONO COUNCSL HlfTZNO - OCTOICR 14, 1091 #1684 > CONT. Graham noted the current structure 1r. In dire need of repair. They are proposing to reside and reroof the entire structure. Habusth noted that the majority of this property Is located within the 0-75’ 2one. She noted there will be a reduction In 'ardcover of 3.5% by reducing the size of the circular drive. Habusth added that the circular drive Is the only turnaround on this pennisula. therefore It would be beneficial to retain the turnaround for emergency vehicles. Graham nvted there Is an easement filed In the chain of title to use this turnaround. He advised that the circular drive has been reduced by approximately 1,000 s.f. Jabbour asked the applicant how soon he Intended to proceed with construction on the residence. Graham Indicated they would be starting right away. Jabbour noted that per the resolution approval, hardcover reductions would have to be made prior to issuance of the building permit. He asked If this condition could be tied to the Issuance of a Certificate of Occupancy. Habusth explained there would not be a Certificate of Occupancy Issued because It Is an existing residence, but perhaps It could coincide with the first Inspection. Barrett advised that by Issuing the permit prior to the removals, the City's remedies to ensure removal have been weakened. Habusth asked Graham If they will be living there during construction, to which he Indicated they would not. She explained a Certificate of Occupancy could then be Issued as no one would be living there during the construction and the Issuance of such could be conditioned on the removals of hardcover. Barrett noted that the City In the past has not allowed residential construction to be tied to a bond. He suggested an Irrevocable letter of credit might be acceptable along with a landscape plan which could not require discretion on the part of the City If they would have to finish the project. Graham noted that It would be best to do the removals of hardcover In the spring and to then repave the road. Habusth noted they could change the resolution to reflect the need for a developer's agreement and a letter of credit written for 150% of proposed Improvements and a landscape plan showing the proposed Improvements. li. HXNUTI8 OF THI FIOULAR OFONO COUNCIL HIITXNO ■ OCTOIIN 14• 1091 #1684 > CONT. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3027f application #1684 for David and Anne Graham at 2745 Shadywood Road, subject to the resolution being amended to Include requirement of a developer's agreement, letter of credit and landscape plan for the proposed removals of hardcover. Ayes 4, nays 0. (#8) #1685 EDWARD BAKER 3059 FARVXEW LANE VARIANCES - RESOLUTION #3028 Edward Baker and JoEllen Hurr were present for this application. Moorse explained the applicant is proposing to replace portions of an existing deck and patio with a larger deck within the 0-75' setback area. He Is also requesting encroachment into the wetland setback to build a safe walkway around the pool. Gaffron noted the deck e*'nund the pool was built with minimal walkway around the pool. Applicant Is proposing a safer/wider walkway. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3028, application #1665 for Edward Baker of 3059 Farvlew Lane, to allow reconstruction of a deck area and stairway. Ayes 4, nays 0. (#9) TREE REMOVAL WITHIN 0-75' LAKESHORE SETBACK AREA - DISCUSSION Moorse explained this Involves tree removal and replacement trees within the 0-75' setback zone. It was moved by Callahan, seconded by Goetten, to refer the matter to the Lake Use Committee for further review. Ayes 4, nays 0. MAYOR/COUNCIL REPORT A) Mayer Peterson advised of a letter they had received regarding a lawn ordinance seminar which she urged someone from the City staff to attend. B) Mayor Peterson advised that Council members should express their concerns to her regarding the AMM legislative policy by November 7, 1991. MZNUTII Of THI flOULAR OfONO CO'JNCIL HIITXNO - OCTOIIR 14, 19fl I I i; i MAYOR/COUNCIL REPORT C) Mayor Peterson noted that Orono did request a second Joint Council meeting with Long Lake regarding the Highway 12 upgrade. The Long Lake Mayor turned down the request and indicated they did not wish to compromise on this matter, and noted she was speaking for the entire Council. The Long Lake Mayor noted they would support any corridor that Orono chose as long as It wasn't through Long Lake. Peterson stressed that a resolution would be passed this evening Indicating Orono's willingness to work with Long Lake and this will be submitted to MnOot. Callahan noted that the newspaper noted that Long Lake Is thinking of forming a Joint powers agreement to make sure that the cci*r1dor only goes to the south of Long Lake. D) Callahan referred to a letter he passed to the Council members written to the Hennepin County Suburban Park Commission expressing Orono*s view that they do not feel It is necessary for that organization to take up the study of water, as this Is covered by other organizations. It was moved by Callahan, seconded by Mayor Peterson, to direct the Mayor of Orono to send this letter to the Hennepin County Suburban Park Commission expressing Orono's opposition to that organization getting Involved with the study of water. Ayes 4, nays 0. E) Callahan explained that on Wednesday, October 16, 1991, the LMCO win most likely be passing the final draft of the revised wetland plan. He felt that a resolution should be adopted expressing Orono's opposition to the adoption of the plan. Callahan noted that even though the second draft Is bettor than the first. It still Is not In the best Interest of Orono's citizens and will greatly Impact them. He noted the p'an as printed states that It was done with the cooperation of the 14 cities. Jabbour felt that within the resolution or letter to them, Orono*s reasons for opposing the plan should be stated. He noted that the plan has boon referred to as "our baby'*, and has had to remind the LMCD that it Is their plan and the City Is forced to deal with the Issue. It was moved by Callahan, seconded by Goetten, to notify In writing the LMCD of Orono's opposition to the plan as drafted. Jabbour emphasized that If the second plan Is not sent on to the Metropolitan Council by November 4, 1991 In an adopted form, the first plan Is to automatically be adopted. Callahan noted that there Is no possibility that the first plan will be relied upon by anybody even If It Is passed. V/. MiNUTII OP THI REQULA^ OftONO COUNCIL MEETZNQ - OCTOBER 14. lOfil MAYOR/COUNCIL REPORT - CONT. Jabbour felt the City should go on record as participating against their will. He suggested that they have acted in self defense rather than support. Jabbour noted the resolution should show how Orono's participation came about. Goetten noted it goes back to the issue of why the LMCD formed In the first place. was Callahan noted that ho and Jabbou'' should be appointed as representatives of the Council to draft the resolution to take to the LMCD expressing Orono's opposition to the plan, and wanted the motion changed to reflect this appointment. It Wt^s moved by Callahan, secc ided by Goetten, to notl.y In writing the LMCD of Orono's opposition to the plan as drafted and the reai'ons why Orono feels as such, and to appoint Callahan and Jabbour to act as Council's representatives In drafting such a letter. Ayes 4, nays 0. F) Goetten directed anyone from Long Lake to feel free to contact her to discuss the Highway 12 corridor update. She wanted them know she Is always available. G) Mayor Peters* n .notified everyone that the SAC charge will be Increased to fVCC oeginning In 1992. H) Goetten reported that a concerned resident had contacted her regarding the release of her dog that had been picked up on the weekend. Mayor Peterson explained that the dog was picked up and kenneled by the police department, and because It was a weekend and the office was not open, the resident was unable to pickup the necessary paperwork to have the dog released. Jabbour felt the Police Chief should handle the situation. I) Goetten noted one correction, that the Policy Committee Meeting location has been changed to the Orono Educational Link. (#10) PARK COMMISSION APPOINTMENT Moorse ackowledged that the Council has Interviewed applicants for the vacant position on the Park Commission. three Mayor Peterson expressed the Council's appreciation of those willing to servo on the Commission, and she hoped the other two applicants would continue to want to serve the community on other Commissions. II- f IV r h i f- ? ■ r- ,'^/ c"- ■ HXNUTES OF THI REOULAF OKONO COUNCIL HEETXNO - OCTOBER 14. 1991 PARK COMMISSION APPOINTMENT - CONT. It was movad by Jabbour, seconded by Goetten, to appoint Sherokee Use to the Park Commission, noting that she has consistently shown an Interest In the Issues surrounding Orono, has been Involved In the past with park related Issues, and has indicated that she will be unbiased In her decisions. Ayes 4, nays 0. Goetten reiterated that Ms. Use has shown an Interest in the Park Connlsslon and Council activities In the past and feels she will be an asset to the community as a member of the Commission. Mayor Peterson noted they will continue to look forward to Mr. Pattrin's Cable Commission reports. (#11) CHANGE ORDER #1 CITY FACILITIES FRONTAGE ROAD Cook explained this change order Is to relocate the watermain from the north side of the public works site over to the proposed Matertower. Cook noted the trunk line would then be extended southward. He noted they could not work out an easement with the church and they did not want to go through the woods. Gerhardson noted this is part of the watertower project, not the facilities project. Cook noted that It Is paid for through the trunk connection charge. Jabbour felt that If the easement had been obtained from the church, they would then want to be subsidized and It could end up costing the same. It was moved by Jabbour, seconded by Mayor Peterson, to approve Change Order No. I for the trunk Highway 12 frontage road water and sewer project in the amount of $16,550.50. Ayes 4, nays 0. (#12) SELECTION OF A FIRM TO PROVIDE PROSECUTION SERVICES Moorse submitted Information which was gathered during the Interviewing process. He noted that 15 proposals were submitted, of which 4 were selected to bo Interviewed. He recommended hiring the City of Minnetonka to provide prosecution services for the City of Orono for $30,000 per year. Jabbour noted that would be In keeping with Orono*s policy to share services. Mayor Peterson asked If this price Is based on an hourly rate. Moorse noted It Is a flat fee. He noted that they currently have one attorney and would be hiring another to support both Orono and Minnetrlsta and do overflow work for Minnetonka. Moorse noted the proposal Is based on a 2 year contract, with an Increase the same as their regular wage Increase. w I_ r i-v r iI HXNUTIS Of THI llldULAR ORONO COUNCIL MIITZNO - OCTOIIR U, 1001 SELECTION OF A FIRM TO PROVIDE PROSECUTION SERVICES - CONT. Callahan noted he would like to see the final contract before approve 1. Moorse Indicated he would put together the contract and bring it back for approval. Mayor Peterson asked in what position did the Popham, Haik firm rank In regard to cost. Hoorsa noted they were in the top range as far as price goes. It was moved by Goetten, seconded by Jabbour, to direct staff to work with the City of Minnetonka to develop a contract for prosecution services, to be returned to the City Council for approval. Said contract foe is not to exceed $30,000 for the first year, and the Increase for the second year and any year thereafter Is to he consistent with the regular wage increase of the City of Minnetonka. Ayes 4, nays 0. Callahan commented that although this reflects a substantial savings for the City, the credit for bringing this issue to the Council‘s attention goes to the current counsel. He also felt that the current contract with the law firm probably reflects a package deal and may not reflect true cost for service. (#13) PROPOSED LANGUAGE CHANGES FOR THE 1992 POLICE SERVICE Moorse reported that they had received payment on October 10th for the fourth quarter police service contract. Ho noted ho had met with Long Lake's attorney and a couple of their Council members to discuss the changes which are noted in the memo. He noted they want the same language on late payments incorporated within the fire contract. Jabbour felt a deadline should be Included within the contract for submittal of Invoices for service, and noted that the money Issue was only the straw that broke the camels back but was not the only reason for the requested changes. Jabbour expressed his desire to see business conducted in a professional manner In the future. Callahan reviewed that the letter which was sent requesting payment was not received by Long Lake. He noted the fire contract Is In place and should not be changed. He indicated that If the police service contract Is terminated, the responsible party should be responsible for unemployment and added expenses and non-payment should have that same stipulation. Callahan felt that the City Administrator can delegate authority to the police chief. but the administrator Is still the responsible party where the police department Is concerned. Callahan objected to the termination clause as stated In the memo and felt that If the services haven't been paid within the 30 day timeframe, the contract will be terminated and services will be provided for 30 days more only. He noted this should not be a matter of curing the default. Jabbour agreed with Callahan. il';.,. ¥ r 9 li-:' I k* f- V’ ■vV :fi.I V.ir I I;-g- ! r^- !• i Ir I MZNUTII 0^ THI REGULAR ORONO COUNCIL HIITINO - OCTOIIR 14t lOfl 1902 POLICE SERVICE CONTRACT WITH LONG LAKE - CONT. Callahan noted that he would not accept the contract unless Item #2 of the memo was eliminated. Jabbour felt that the language should be added to the fire contract to show our good faith. He directed staff to take note when invoices are due. and If not received, they should contact Long Lake to remind them to bill for services. Goetten felt the contract should not bo so severe. She felt they should enter the contract with the feeling It will work out. Jabbour agreed with all the terus but Item #2 and was undecided about changing the fire contract. Callahan noted that the fire contract September 30, 1992. Is established until Jabbour felt that Orono should pay for f1ro service as set forth by the contract and when that contract Is up for renewal add the termination language at that time. Callahan noted that he wanted to see the contract In full prior to adoption. Goetten felt that Items #2 and 3 should be omitted. It was moved by Jabbour, seconded by Goetten, to Incorporate the proposed language Into the police service contract with Long Lake for the year 1992, omitting Items #2 and 3 of the memo dated October 9, 1991 by the City Administrator. Ayes 4, nays 0. Moorse advised that Long Lake wished to Incorporate the bottom two Items on the memo of October 9th, Into the fire contract. It was moved by Jabbour, seconded by Mayor Peterson, to Incorporate Items #1 and 2 at the bottom of the memo dated October 9th Into the fire service contract between Long Lake and Orono. Ayes 4, nays 0. It was moved by Jabbour, seconded by Mayor Peterson, to accept one half of the disputed 1989 debit amount In the amount of $6,704, and to consider this Issue resolved. Ayes 4, nays 0. (*#14) STUBBS BAY SANITARY SEWER IMPROVEMENT It was moved by Mayor Peterson, seconded by Jabbour, to schedule a public hearing concerning the Stubbs Bay sanitary sewer Improvement for Wednesday, November 20, 1991, at 7:00 p.m. Ayes 4, nays 0. F-H- Si-.'’ kI I f. *r,'h MINUTES OF THE NEOULAN ONONO COUNCIL MEETING *• OCTOtSN 14i 1991 (•#18) ADDITIONAL DEFERRED COMPENSATION PLAN - RESOLUTION #3029 It was moved by Mayor Peterson, seconded by Jabbour, to adopt Resolution #3029 authorizing the addition of the U.S. Conference of Mayors Deferred Compensation Program to the City of Orono Deferred Compensation Plan. Ayes 4, nays 0. Callahan asked why the resolution encompassed elected officials. Kuehn noted that this Is the only plan that would al.ow the Council to participate. Callahan asked how a resolution could be passed that involved the Counci 1. Kuehn noted that It Is strictly voluntary and therefore it could be done. Callahan asked who Is considered the administrator of the funds. Kuehn noted that he Is only the Hason between the employees and the plan. The employees select their own Investment groups. Callahan asked if the Council is in any way responsible for the selection of the investment groups. Moorse said ho would chock Into it but would assume they are not. Barrett Indicated that since the plan was selected by the City, the City therefore could bo sjed. Callahan directed staff to Investigate the City's liability. Mayor Peterson asked If there was a disclaimer form that participants would sign. Barrett asked If she meant a hold harmless agreement, and noted that he would check Into how they could minimize liability. (*#16) CERTIFICATION OF DELINQUENT SEPTIC INSPECTION FEES, AND MATER UTILITY ACCOUNTS AND RECYCLING PROGRAM FEE - RESOLUTION #3030 SEWER It was moved by Mayor Peterson, seconded by Jabbour, to adopt Resolution #3030 providing for the collection of delinquent charges for 1991 sewer and water utility services and annual septic Inspection and recycling program foes. Ayes 4, nays 0. I:’ HZNUTCS or THC RCOULAR ORONO COUNCIL MCETZNa - OCTOilR 14, 1001 (#17) LUCIA HORISON REQUEST FOR A SECOND CURB CUT Moorse explained this is a request for a second curb cut because of safety concerns. He noted that staff has developed some alternatives which applicant does not feel are viable. Morlson felt the second curb cut is the simplest way to remedy the situation. She explained that option #2 is not viable because of the berm and trees; and option #3 is possible but there is not a lot of room to turnaround. Jabbour felt concern about the proximity of the curb cut to the corner. He asked if it was possible to use the proposed configuration, but block the existing curb cut. Gerhardson noted that is what staff is proposing and to eliminate the tight turn, the curb cut could be blocked off in the right- of-way Just short of the roadway to n^ve a larger turnaround area. Goetten noted the situation is dangerous and felt a second curb cut Is warranted. Callahan noted that In the Sugarwoods development, if safety warranted a second curb cut. It would be allowed. Morlson felt there is no point to cut off the existing curb cut Mayor Peterson asked if it would be possible to eliminate the existing curb cut entirely, and make the drive a “S" shape to provide a turnaround. Moorse questioned whether the Council has the authority to vary from the ordinance, and asked if it should be amended. Goetten noted that it has been done in the past. Barrett pointed out the ordinance does not prohibit more than one curb cut, but, in this case, Gerhardson feels it is better to have only one curb cut. It was moved by Goetten, seconded by Callahan, to approve a second curb cut for Lucia Morlson for property located at 1960 Fox Ridge Road, per her original proposal. Ayes 4, nays 0. r- f:- i’.-Ir f %r MINUTII OF THl RIQULAR ORONO COUNCIL HEETXNO CTOBER 14, 1901 (#18) CABLE COMMISSION BUDGET Moors* sxplalned that per the letter received by the Cable Commission, they have noted that the majority of the members have approved the 1992 budget, and noted they would be happy to send a representative out to explain any Items the Council may wish to question. Goetten noted that Is what they have a representative for. Moorse explained that even If Orono does not approve the budget, we would still pay the budgeted amount. The Council felt there was nothing else to discuss regarding this issue and did not feel It appropriate for the Cable Commission to send a representative. (#19) INDICATION OF CITY'S WILLINGNESS TO COOPERATE WITH MNOOT - RESOLUTION #3031 It was moved by Mayor Peterson, seconded by Goetten, to adopt Resolution #3031 Indicating the City of Orono*s willingness to cooperate with MnOot In mitigating Impacts related to upgrading Highway 12 using the existing corridor. Ayes 4, nays 0. Callahan Indicated Ms. Butler's support for this motion also. (*#a0) ANNUAL PERFORMANCE AND SALARY REVIEW FOR MAINTENANCE WORKER, SCOTT OBERAIGNER It was moved by Mayor Peterson, seconded by Jabbour, to approve a performance and salary review for maintenance worker Scott Oberaigner, and to place him on full-time permanent status and adjust his salary to Level 5, Step 2 of the Compensation Plan effective October 21, 1991. Ayes 4, nays 0. (#21) AMENDMENT TO OWNER/ARCHITECT CONTRACT Moorse explained the amendment to the basic compensation portion of the architect contract. Moorse asked the Council to clarify the original agreement as the first schematics were charged at a maximum rate, and the second schematics have exceeded the first amount spent on schematics. He wanted to know If there was a maximum put on the amount to be spent on the schematics. The Council felt that Moorse should Investigate this Issue to find out exactly what the original contract stated. (#22) ADOPTION OF A RESOLUTION CALLING FOR THE SALE OF BONOS FINANCE THE NEW CITY FACILITIES - HRA RESOLUTION #1991>001 It was moved by Mayor Peterson, seconded by Jabbour, to adopt Resolution #1991-001, calling for the sale of the bonds for the new City facilities. Ayes 4, nays 0. % fj- MINUTI lULAK ORONO COUNCIL MEETINQ - OCTOBER 14, 1901 '-J (#24) CONTRACT WITH KRAUS-ANOERSON FOR CONSTRUCTION MANAGER SERVICES Hoorsa explained the contract sets the basic compensation at 3% of the total project or a maximum of $89,443. jabbour asked If the contract Indicates an elther/or option. Moorse clarified that If the bids come In low. their fee could be reduced. Jabbour agreed and noted that the contract should state that If the project Is bid at less, the contract amount would go down, and we should give an exemption to Kraus-Anderson to allow tubsidarles to work on certain parts of project not subject to the 31^. Callahan explained they picked a figure lower than 3% that was to be the maximum. In the event of change orders, Orono does not want to be locked In should the project escalate. If bids are Increased, the maximum Is $89,443. Moorse referred to the last page of the contract which Involves Public Works equipment allowance. He noted that large Items such as hoists, fueling system, etc. are outside the project cost, but the Council may want Kraus-Anderson to supervise the Installation of these large Items which could increase their fee up to $5,000. Gerhardson noted that the project cost does riot Include the salt building. Moorse next explained the relmbursibles, wh^ch are basically the field superintendent. He noted that Article 17 deals with general expenses, which they will do and charge us only their costs. (*«2S) LICENSES It was moved by Mayor Peterson, seconded by Jabbour. to approve the following license: Minnetonka Center for the Arts - One Day Set Up Permit 2240 North Shore Drive Holiday House November 20, 1991 - 6 to 10 p.m. (*«26) BILLS It was moved by Mayor Peterson, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 4, nays 0. ■ MINUTES OP THI NISULAM OAONO COUNCIL MUTXNO “ OCTOIIN 141 Iffl ADOOURNMENT yor P«terson adjourned the regular Council meeting at 10:42 Barbara A. Peterson, Mayor ATTEST; Dorothy M. Halim, City r^erk ■'M: '}■ I :r f E- ' fI, m- »i'• V} f.u 'if fK-.r f' - :: r. ■i;-. S' irI I ;ic k: i>: .r a;3TOsMayor Peterson and City Council Ocr Ron Moorse, ^.*ty Administrator ^ -^^9/ Jeanne A. Mabusth, Building & Zoning Administratoc Dates October 23, 1991 •u/ Subjects 11573 Carol J. Kelly and James Masseyr 3020 and 3030 Casco Point Road Final Subdivision- Resolution The enclosed final subdivision resolution has been amended to now include the amended Park Dedication fee at $5,760.00. In addition, staff has included the approval of Lot 1 at 4,395 s.f. or 25.2% hardcover as set forth in amended condition 1 of the final subdivision resolution. Ms. Kelly has once again been advised of her options as presented by the Council at your last meeting. Staff has restated these options via the phone and in written notice. It is staff’s understanding that Ms. Kelly will be present to advise of her decision concerning the desired Council action. vf -• J --^1 . A RBSOLOnOH APPROVING THB PLAT OP KELLY 2HD ADDITIOH APPLICATIOH NO* 1573 h--.r I ;■ t ' *■ (■,. I'• r-i- ¥ r*s*' i-i" ■( 1IBBRBA8» the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHBBBASr the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and NBBRBASf the City Council has considered the application for a Clasa III subdivision of a 3 lot plat by Carol J. Kelly and James Massey, (hereinafter *the subdividers"); WHBUASr the subdivision has been found to meet all standards of the LR-IC lakeshore residential zoning district finding that each lot is of a size and configuration that will allow the continued use of Lots 1 and 3 for single family residential use without the need of any variances and Lot 2 to be fully deve..oped without the need any variances; and WBBRBASf the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2669. 2. Dedication on the plat of drainage and utility easements. 3. Subdividers have completed the realignment of the drainage ditch along the shared lot lines of Lots 2 and 3. Drainage easements have been granted over the realigned drainage ditch on the plat. 4. Applicant has completed the removal of 398 s.f. of existing hardcover on Lot 1. 5. Payment to the city of a Park Dedication Fee in the amount of $5,760.00. 6. Payment to the City for the legal review and filing of the plat in the amount of $150.00. ■OW, TBBBBPORB, BB IT BBSOLVBD, that the City Council of the City of OrMio hereby approves the plat of Kelly 2nd Addition, Hennepin County, Minnesota, subject to the following conditions: Page 1 of 3 p M f. h 3-r^- f 1. 2. 3. 4. 5. Current and future owner of Lot 1 is hereby advised that hardcover within the 75-250' setback area is at 4,395 s.f. or 25.2%. Any additional improvements to this property resulting in Increases in hardcover must be approved by the City of Orono and may result in equal or greater removal of existing hardcover. Current owner of Lot 3 is advised that present dock location will have to be altered next season to meet the required setback from final approved lot lines. Future dock to serve newly created riparian Lot 2 shall meet the pertinent LNCD standards that determine the allowed boat density units at the dock based on 75-85' of lineal footage of shoreline. Otmer is further advised that in consideration of the marsh-like lands adjacent to the potential dock site that no structure or improvments may be placed or installed above the 929.4 elevation without appropriate variance approvals from the City. Upon application for a building permit for new construction on Lot 2, the future owner shall pay the following: A.Sewer Unit Charge - $1,569.28 (based on 1991 rate to be amended to meet current Fee Schedule at time of application for permit) B.Water Unit Charge - $1,764.53 (based on 1991 rate to be amended to meet current Fee Schedule at time of application for permit) The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Title's Office on or before March 23, 1992 together with a certified original copy of this Resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of 3 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October# 1991. ATTESTS Dorothy M. Hallin# City Clerk Barbara A. Peterson# Mayor STATE OF MINNESOTA } INTY OF HENNEPIN 88. The foregoing instrument was acknowledged before me on this 14th day of October# 1991# by Barbara A. Peterson & Dorothy M. Hallin# Mayor fi City Clerk of the City of Orono# a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 -Vi .. APPLICATION NO. 1573 CITY OP OROHO P.O. Box €6 Crystal Bay, MN 473-7357 NOTICE OP COONCIL ACTION 55323 Date of Notice: 10/23/91 TOs Carol J. Kelly 3020 Caaco Point Road Wayzata, MN 55391 COPIES J^unes L. Massey 3030 Casco Point Road Wayzata, MN 55391 TIPS OP APPLZCATIOHt Final Subdivision DATE OP !TIN6s 10-14-91 VOTE: 5 For 0 Against b f. ^ •] I VCIL ACTION - MOTION: Council voted to table all action on your final subdivision application until you have made a determination as to how and when you wish Council to vote on the final subdivision approval. You are also advised that the Park Dedication fee now at $5,760.00 must be paid as a condition of final subdivision approval and cannot be delayed until a building permit application has been filed by future owner. Staff had an opportunity to discuss 1with you over the phone the options provided by Council at their last meeting. They are as follows: A. Delay final subdivision action by Orono Council until lot is sold. Once you are satisfied that you have a legitimate buyer you must immediatley alert the zoning staff so that they can prepare a resolution approving the final subdivision for action at an upcoming Council meeting. Once again as a reminder, the Council meets the 2nd and Mondays of each month. Since we are nearing the Christmas season you should be advised that the Council will meet only on December ~ h of that month as the 4th Monday meeting will be cancelled because o cue Christmas Holiday. As the City attorney advised, your application may be subject to reconsideration of the market value of the property at the time you file the subdivision to determine if Park Dedication fee is to be reaojusted. As I also noted, if the plat is filed after January 1, 1992 all real estate taxes for both Massey and your properties must be paid before the plat can be filed by the City. B. Approval of final plat. Council has agreed to delay the filing of the final plat until the City is in receipt of the Park Dedication payment. Applicant has until April 28, 1992 to complete filing. Per Section 11.10, Subdivision 22 (B), applicant may extend final subdivision approval for an additional 6 months without additional payment. The Ordinance is specific and states that final subdivision approval cannot be extended beyond 1 year or 360 days from the original final subdivision approval date (October 26, 1991 to October 26, 1992). Once again as already noted above in Option A, if the F5-. Zoning File 11573 Octobor 23« 1991 Page 2 of 2 subdivision is filed after Jar lary 1, 1992# all real estate taxes due against the property for 1992 must be paid before the City can file the plat. Once again contact my office if you have any further questions concerning the options noted above. As you advised per our recent phone conversation you wished to be scheduled before the Council at their October 28# 1991 meeting. The appropriate documents have been amended and Council may fonaally act on your final subdivision if that is your final wish. f . V 4.;rh "/•h‘i i ,,•- if - c»,. ^;--- • U;’.* f^• k'‘ • . ► . ;:••*■ m y • S;'.' ! ■ W' i 1 r ' j"- •C' v.» E|^--r -K •>:*; ,T-•r:'' S: C/Tot Mayor Peterson and Orono City Council Ron Moorser City Administrator Datai Snbjaets Michael P. Gaffron, Asst Planning 6 Zoning Admiit^^r^^ October 21r 1991 br <? #1608 Janes Hartzell, 2987 Casco Point Road - Variance - Resolution Diacaaaloo This iten was tabled at your September 22, 1991 meeting becauaa applicant was not present. Applicant's representative was at that meetingr but had to leave before this item came up for review. Please review the memo and exhibits of September 19. List of Bshibits A B Notice of Council Action 9/25/91 Memo 6 Exhibits of 9/19/91 Isv iff: CITY OF OSOHO P.O. Box 66Crystal Bay# MN 55323VOt Janes Bartsell 127 Noodlawn St. Paul, MN 55105 473-7357 COPIES:APPLICATION NO. 1608NOTICE OP COUNCIL ACTIONDate of Notice; 9/25/91David Hoyt Dundee Nursery 16800 Highway 55 Plymouth, MN 55446nPB OF APPLICATION > Variance DATS OP !TIN6t 9/23/91 VOTE: 4 For 0 Against It I »•CIL ACTION > NOTION: TABLED - Applicant/Representative was not present. This item will be rescheduled for the Council meeting of Monday, October 14, 1991. Meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. • •• T • ! V •• ' • • 1* »• * • ♦ti fev T6:Mayor Peterson and Orono City Council Ron Moorse, City Administrator Froai:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:September 19, 1991 Subject: #1608 James Hartzell, 2987 Casco Point Road Variance - Resolution Sooing District: LR-IC, 1/2 acre, sewered Application: Request for average setback and hardcover variances to construct a pool. Idst of Bxhibits A - Resolution B - Notice of Planning Commission Action 9/16/91 C - Memo 6 Exhibits of 9/9/91 and 8/8/91 Discnssion Please review the memos and exhibits of September 9 and August 8. Briefly, the applicant requests variances to allow a hardcover increase from 23*4% to 27.8% in the 75-230* zone. Applicant initially proposed 35.9%, but Planning Commission tabled the request, advising applicant to revise his proposal to minimize the hardcover increase. Applicant also requests a 25* encroachment past the average setback line with his pool. Applicant also modified the proposed fencing so that only the pool and its patio, but not the grassy areas above the retaining walls, will be considered in lot coverage, thereby eliminating the need for a let coverage variance. Plaimlag Commission Recommendation At their September meeting. Planning Commission voted 4 to 1 to approve the revised proposal for a 25 ’ average setback encroachment and 27.8% hardcover in the 75-*250' zone. Planning Commission noted that the applicant had made a good faith effort to minimize hardcover by eliminating portions of existing gravel driveway, removing rock and plastic along the side t,I the house, and reducing the square footage of timber walla, walkways, and patio. The Planning Commission also felt that the average setback encroachment is not critical due to the topography and •xlstlng screening, as well as the physical distance bet«reen the neighboring residences and the pool. Planning Commission felt that no adjacent properties would be affected negatively by this pool. The minority Planning Commission opinion was that adeqxiate justification was not shown to support a hardcover Increase above the 25% limit. Staff Staff recommends approval per the Plannirg Commission recommendation. A resolution for approval is attached for Council consideration. Isv j A RBSOLOnoa GRAHTING VARIAHCBS TO MimiClPAL SOHim CODE SBCTIOE 10.22, SUBDIVISIONS 1 AND 2 FILE 11608 WHEREAS, Jiunes Hartzell (hereinafter "the applicant”) is the owner of the property located at 2987 Casco Point Road within the City of Orono (hereinafter "City") and legally desjribed as follows: Lot 2, Block 1, Hartzell Addition, Hennepin County, Minnesota (hereinafter "the property")? and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of a pool and associated patios and retaining walls, such construction encroaching 25* past the average lakeshore setback line where no encroachment is normally allowed, and such construction increasing hardcover on the property to a level in excess of the 25% hardcover normally allowed in the 75*250' zone. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning Pile #1608 The property is located in the LR*1C Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 19 and September 16, 1991, and on a vote of 4 to 1 recommended approval of the proposed variance based upon the following findings: Mo portion of the proposed pool, retaining walls, or associated fencing will extend more than 6* above grade, hence due to the topography and the distance of the proposed pool from neighboring residences, the proposed average lakeshore setback encroachment will have no negative impact on neighboring properties. Page 1 of 6 4. 5. The applicant has made a good faith effort to minimire hardcover on the property by agreeing to remove portions of the existing driveway, areas of plastic-lined landscape beds, and has reduced the amount of hard surface from his initial proposal to minimire hardcover associated with the patio and retaining walls surrounding the pool. The increase in 75-250' hardcover is from an existing level of 23.4% to a revised proposal of 27.8% The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the after-the-fact variance on the health, safety and welfare of the comnunity. 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, ali .or pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIOHS, ORDER AND CONDITIONS I Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of a pool and associated patios and retaining walls, such construction encroaching 25* past the average lakeshore setback line where no encroachment is normally allowed, and such construction constituting hardcover in the 75-250* zone in excess of the 25% hardcover normally allowed, subject to the following conditions; Page 2 of 6 tP' p £>,>r7/-6 -•'1 '.rt i Hos^\m Cfk-i^^^rv tUK«4 ^Cic »/c-T) )2oc-: •* - »r ^ ^ r 1, *,^ 4^*^ -* • .*rf**<*#irL* r /^C i ^ eo '.‘ lA V30 *iS ni Y3-^9 5*5 *2* *<•/• z(. tt • (« »0 Qlw (U Ul P«C«t. o PccJi- Hi C,4.C <ri fT 2CA.# 7o:c- fso >/ r^ d-JC ‘ftc 4,6^^ /oro ir '’$■ 5^7/ /*? J7 5 ^ 27 5 /• i* It. o' '! ^ //.4i ’DCa/aC. . /i/C^^AS oF T7> 6£ ^.•.tiirr^bC?^ p£V//S€? ^ L;^ Vr L K- I r Ml 1. 2. 3. 4. Hardcover in the 75-250' zone is approved at a level of 27.8%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 3. That diagram also indicates are>s of existing hardcover which must be removed as part of this 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 Improvements of this property that wi 1 * result in ad-^itional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on ' at date (October 28, 1992). 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, .md shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution n the chain of title of the property. Page 4 of 6 F t- , ' I i ■ V. •rv ■V.- V r. ;-V P- v>r- :f>. ^•i:-' ’i;I- f' f: i: Adopted by the City Council of the City of Oronof Minnesota at a regular meeting held on the 26th day of October^ 1991. ATTEST: Dorothy M. Hallin« City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OP MINNESOTA ) ) 88. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 1991, by Barbara A. Peterson 6 Dorothy M. Beilin, 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 5 of 6 . J ir'F';cm or ORoao 9. O. Box 66 CEystal Bay» 473-7357 ZONIHG PILE #1608 MB 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 9/17/91 TOt Janes Hartzell COPIES TO: David Hoyt 127 Noodlatm Dundee Nursery St. Paul, MN 55105 1608 Highway 55 Plymouth, MN 55446 TIPS OP APPLICATIOHs Variance DAIS OP MBBTlBBt 9/16/91 VOTE: 4 For 1 Against naaBlBg CoaMissioo lecc—emls tb« following: J^proval subject to conditions noted below SORB AMD 8PBCIAL OOMDITIONS: 1« Approval of 25* average setback variance. 2. Approval of 75-250* hardcover reduced to 27.6% per proposal Applicant's next scheduled meeting is confirmed as City Council on tday» SepteBd>er 23, 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission ■inuteSr they are available from the City Recorder after review and approval by the Planning Commission. Isv k Sw tf.. a M ■ K •».. Na f, ‘ f f h/ If. iS (ji- ?■ i«-.- Tos OBtas Snbjacts Chairman Kelley and Planning Commission Members Ron Moorse* City Administrator Michael P. Gaffron, Asst Planning S Zoning Administrator September 9, 1991 #1606 James Hartzell» 2987 Casco Point Road - Variance - Continuation of Public Hearing Llmt ot Bshiblta A - Revised Calculations B - Revised Pool Plan C - Staff Sketch, Revised Hardcover Plan D - Lot Coverage Ordinance B • Notice of Planning Commission Action 8/20/91 P • Memo K Exhibits of 8/8/91 Dlacossion This item was tabled at your August meeting in order for the applicant to develop a revised proposal to limit the degree of hardcover increase. In the 75-250* zone, applicant originally proposed increases from 23.8% to 35.9%. The revised proposal reduces that increase to 27.3%. 75-250* Hardcover Existing 23.4%* Original Proposal 55.9% Revised Proposal 27.3% *Staff had originally listed this as 23.8%; applicant has re-measured sidewalks resulting in this correction. In comparing the current proposal with the original request, the following changes are apparent: - patios around pool have decreased from 1428 s.f. to 1050 s.f. - lineal feet of timber walls has been reduced - steps and walkways have been minimized - the 930 3.f. of gravel driveway in the 75-250’ zone will be elimiivated - the rock a.*'d plastic along the side of the house will be removed - if required, the water tower can be removed although it has some grass growing beneath it, and accounts for less than 1/2 of 1% hardcover. If the tower remains, the final 75-250* hardcover would be 27.8%. I V 5.? ')■ ‘ f ••• ft-f ■p- <■'.fr ■ fi.:: K; ft. Pr f:r I' I I* r‘ k "■-.V . i,. <4 Aiatej Zoning File #1608 Septttnber 9, 1991 Page 2 Applicant's lot coverage calculation suggests that the intent is to keep the combination of retaining wall and ornanental fence lower than the 6* height at which the enclosed area would be considered as lot coverage. Under this proposalr the sod areas outside the pool patios would not be considered in lot coverage^ yielding a final lot coverage of 13.1% under this interpretation. Note that the Building Inspector has determined that because the patio is not continuous to the retaining wall* a fence above the wall is not strictly required even though the top of the wall is as much as 3 1/2* above grade. He would, however, encourage the use of plantings as a safety barrier. Staff Keco lation Under the revised proposal, based on the conditions and interpretations noted above, applicant requests the following: A. B. C. Hardcover variance to allow 27.3% (27.6% with tower) in 75-250' zone. Average setback variance of 25'. No lot coverage variance necessary. If Planning Commission feels the requested variances are justified and supported by adequate hardships, then a recommendation for approval would be In order. Options for recommendation include: 1. 2. 3. 4. Recommend approval as revised. Recommend partial approval, specifying limitations. Send on to Council, or request further revisions be brought back for review. Denial• Other. lev g;09f. fecidr»»vijju — 4A2^ -23 B?. »TK:^su«t:Jl AS [ (/^ ST- ^n^ 71® *" fUw ^'3'*’^ -4Mo^ -2^47. [ *X«s , ‘ 'TIwU- M Jllf cnvop (MONO 3 SSSB^ fEP '8 1991' 4/4 ‘^i 5f. k rj,- i d(<«^ will »^oV<L iW 2- _^3o G')il\+'»i^'lo^*^^ -tver Gi ra^rei ~2>o^^ iri!EUV‘'“S: ^ ^-^-..^V^ .-..-sa^MhsI *frf>'*' 4 tO [ Itf G,'^e!r^^^<^ fi'^'^vc.s on kUw 0^^ t-TsUU |J^C^ ^ >02-'2.s'F |^(a S.f. 4&> 664 s p. ipl-1^ . 1^- 'A \ o « !>y <; ^33TI.F. - ^ 66"At'«^3 rov, I‘J-770 ►»-<^«. cct- a»^> j^/ '^ ^ ^d.1 w w;ii u fct* . ‘'<r^4^i‘ <^r»xSS <!IYtL4 I».s.dc# i^ti fiM-bCWefi- “Ts-ZtO' :■ V *72> 5€r ^ifiAxrre^ .lit Ts^J fas>?0bi^ kii r» •fT' \ E » I;. t ! fc- crom the property line when said doors face on a public alle y or Subd. 14. Yards and Open Spaces. A. Reduction Prohibited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by the Zoning Chapter and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. B. Application to Only One Dwelling or Group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. C. Lot coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6’ above grade level. 2. Tennis courts, patios, decks, and all similar "open ” structures when partially or fully enclosed by fences, railings or walla which extend more than 6' above grade level (if any portion of such structures extends more than 6* above grade level, the entire structure shall count toward lot coverage). 3. Pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio IS enclosed with a fence. S 10.03 Oo “‘.quVre VeVt residence snd garage structures. D. Tennis courts, pools and paddocks or arenas, when such accessory structures exceed 1,000 s.f. footprint area, shall be subject to the following special setback restrictions: Front - 30' minimum and not within the required front yard nor between the front lot line and the principal structure on the property 3ide - 30' rainimum and not within the required side yard area Rear - 30' minimum and not within the required rearSource: Ordinance 72, 2nd Series Adopted: 8-14-89 Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments cn yard requirements: pilasters, cornices, more than regulated. SESs=is=a “s lights for safety and B. Name plate signs for one family dwellings; CZTT or OROSO P* O. Box 66 Crystal Bay# MB 473-7357 XOMING PILE #1608 55323 MOTICB OF PLAimiMG COMMISSION ACTION Date of Notice: 8/20/91 TOs James Bartzell COPIES TOs David Hoyt 127 iroodlawn Dundee Nursery St. Paul, MM 55105 1608 Highway 55 Plymouth, MN 55446 TSPB OP APPLICATIONS VarianceV -4/ h. r 1 • ^ t • I' r- k:•it K- h ■ 1 rv h h.-; DMFB op MBBTIBGs 8/19/91 VOTE: 6 For 0 Against Planning Coanlssion reconnends the followings Tabled for reasons noted below ■OtBB AMD 8PBCIAL OOBDITIOHS: Applicant to submit revised designr limiting hardcover as much as possible (no specific direction as to a "goal" percentage was given). Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the September 16 meeting is September 6f or October 11 for the October 21 meeting. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). VQi] desire certified copies of the official Planning Commission ■inutes# they are available from the City Recorder after review and aj^roval by the Planning Commission. lav s.- Ir I B. t.; fe’ r<'’:hI'. fIrH rot Planning Commission Chairman Kelley Orono Planning Commission Members Acting City Administrator Gerhardson Proa:Michael P. Gaffron, Asst Planning & Zoning Administrator Dates August 8, 1991 Subject: #1608 James Hartzell, 2987 Casco Point Road Variances - Public Hearing Soniag District: LR-IC, Single family lakeshore residential# 1/2 acre# sewered Description o£ Request: Requesting lot coverage and average setback variances {hardcover variance also required) to construct swimming pool and patio. Pertinent Ordinances 1. Section 10.22, Subdivision 2 Existing * 23.8% Proposed “ 35.9% Allowed * 25% - Hardcover. (75-250' zone) 2.Section 10.22, Subdivision 1 (B) - Average lakeshore setback - Proposing 25' encroachment past average setback line where no encroachment is normally allowed. 3.Section 10.03, Existing > Proposed ■ Allowed " Subdivision 8.3% 15.7% 15% 14 (C) - Lot coverage. Appllctr.'. » Statement of Hardship and Unusual Property Conditions 1. Pool area encroaches average setback line because neighboring homes are sited far from lakeshore. 2.All homes along shore are set far off lakeshore and distanced considerably from where pool would sit. Pool would not have negative visual impact on these neighbors. Ust If mhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I Exhibit J Exhibit K - Application Plat Map Property Owners List Neighboring Property Owner's Letter of Support Survey Site Plan, Existing Site Plan, Proposed Applicant's Hardcover and Lot Coverage Calculations Staff Review of Hardcover and Lot Coverage Plan View, Proposed Pool and Patio/Landscape Areas Sketch, Average Setback $ f: I' f' i- i- •r^•J. i,,. i r*. t •' Zoning File #1608 August 8, 1991 Page 2 of 3 Discussion The survey indicates that applicants own the adjacent residence to the south (3005 Casco Point Road)# on a separate riparian lakeshore tax parcel. They also own the non>riparian lot upon which the tennis court sits. These two extraneous lots, because they are separate tax parcels, have not been included in the hardcover calculations. The hardcover review and site inspection by staff determined that applicants submitted hardcover worksheet had omitted significant areas of driveway, sidewalk, and the water surface area of the pool (this application was submitted in January, prior to the pool hardcover policy revision by Council). Existing 75-250' hardcover is 23.8%. Proposed hardcover without removals is 35.9%. The existing driveway serving applicant's property is fair'y large# however, that driveway serves both of applicant s residences, and is mostly located in the 250-500* zone. Other than driveway areas, there is very little nonstructural hardcover which can be removed to compensate for the hardcover excesses. The average setback encroachment of 25' is defined by the neighboring adjacent houses, one of which is owned by applicant. The top of the fence surrounding the pool will be approximately 7' above existing grade at a distance approximately 40* lakeward of the existing deck. The neighboring residence to the north is offset approximately 140* from the proposed pool and is relatively high in elevation compared to the pool. The applicant's house at 3005 Casco Point Road, has some lakeviews across the pool area already partially screened by existing trees and vegetation. Lot coverage will be slightly over the 15% limit when the pool is included in the calculation. Issues to Consid«.;r 1.Will any neighboring properties have their existing views of the lake negatively impacted by construction of this pool/patio/retainlng wall system? Is there sufficient hardship shown to justify approval of the proposed 25' average setback encroachment? (The pool will be 105' from the shoreline at its closest point). 2.Are there any potential structural removals or reductions which could keep this property within the 15% limit? Is there sufficient hardship to grant a variance for lot coverage? \ I i '4 n 4 r ivICli 4. K % ; I 'rV: 1^ I: s !•r.*'. ..;. Zoning File #1608 August 12, 1991 Page 3 of 3 3.Are there existing hardcover areas on the property which can be reduced or eliminated to compensate for the proposed hardcover excess? is the fact that a single driveway and parking arr serves two properties* with most of the hardcover on the lot with proposed pool* a potential justification for granting a variance? Are there other justifications for granting a hardcover variance, or a partial hardcover variance? 1. 2. Options Recommend approval as proposed Partial approval* specify limitations or table for review of revised plan. Send on to Council* 3. 4. Denial. Other. Vi;: . A . . t .■ . . . Qi CITY OtP OROIIIO - VARIAHCB APPLICATION Initial Application Fe<[[Tr75T00^ ^ rcKft nn *r?dltIonal ^riance)_2_j($50.00 per each additional ^^riance}^?^^ Renewal Variance Fee $100.00 i i (no change from original application) After—the**Fact Pees (Double application fee) \ 4 JL ' Uiis,nAJ • • . u f '*-■ — f ^t.*f * iwu .w V A. . V vv PROPERTY LOCATION Sit. Mar... Z fi-r • I f r:\i A f U 9W im - »_ *Tl 175.1^ r7-l^iK rUl}'.*w\U< ^Al -----r-. -v-,< *:.• ? Ti f r* :. } t .’..'V' V VV.1 »'V'A » a .4 ‘fc* Property Identification Number (P.I.D.) Zo O o 2. ?i i ,r> i /: Attach legal description t'^ lication if not included on required survey. APPLICANT Mane \)Apf^i ^ ^AfLTt^u-^ Address Phone (home)_^ - J-y r s_ Phone (work) ^VC~9vyi, /2 7 ^^aj City; $'7' _ _ _ Zip; »'S ‘*^ OMIBR (if different than applicant) Name _ _ _ _ ___ _ _ ___ _ _ Phone (home) Phone (work) Addfess:City;Zip: Date Property Acquired {month/year) il7'\ Cf OxCHO «^v I(^(do^ (do not) a3so own the adjacent parcels of I'-nd. PRESENT USB OF PROPisK jnr _ ® i Jw'V —VVV VV Present Zonincj District ------------------------------------------------- .-r.^'■ i? u•*wwiv 49.50 Present Use of Property Other (specify) (^esiden^|i«J)-i5f;A f'5U cC'C'i J*^J\izniA DESCRIPTION OP kNQUBST Estimated Constructio: Cost $ ^jjoo pjoftWAlP a«.crlb. , .quest, i» detait ■ - gl^ jMftI /ru»2 Ll j/ nPetr c>. ^ _______— VARIANCES REQUIRED Lot Area Setbacic Variances ( Lot Width Front Side Hardco^'er Rear) Other t i:- BMIDSHZPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulationsI ^«i=^ ~wlr-ry^yA. . ^-. DBSCRIPTIOH OF UNUSUAL PROPERTY 30?IDITI0NS Describe unusual property conditions preventing compliance with Zoning. : <tll A.!.ffw4 ar? irn-\ -4W lay.<?sVion*’Code R*guirem;'nts; till >rofc. arg ort -rnc ^cl tLicrU^j ^>1"^ Te>o\ In )c U1^ rifti; ii^jg yig^tn/^ Visu<ll gho^d. arz iS W rt«* R] 1. *2. 3. 4. 5. 6. 7. 8. fIRBD SUBMITTALS Completed Application Form 4?roperty Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3i'Jl). . ^ Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. Sketches or plans of floor and elevation views. As a*v addendum ;o 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. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application remember that vour variance^application ia not complete if ' Please the above .,^4rtification by C’ Initialed by Cler^ '-•a ' afi artment that Variance Application is complete Date APPLICANT'S SIGNATt , , . ^ j . The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff tiiqi^ not covered by original fee paym?>nt) and/or consultant expenses incurred in review of this application, -*aJ certifi* s that the infonfiation supplied is true and correct to the best of his/her knowledge. ^Applicant's Signature AATLU^ d . ^ 1 fi. Date2)QNORS SIGNATURE The owner hereby ackowledges and agrees authorises reasonable entry onto the prope: agentsr Cooimlssion members, and Council m tion and verification of request. /C, /f^_ A^'(nr. /99£>i- this application and further by City staff, consultants, ,;rs for purposes of investlga- «Owner's Signature the Ci Date /C / / 9^ JUMslicant must have all submittals into tne City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are ^ -i 5 third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Counc*If an applicant is unable to attend a scheduled meeting, please make arrangement- to have an authoriz<iid agent attend in your place and to advise the Build.ng h Zoning Office of this change prior to the meeting. 1 .'>5 60""e t o 4/4 . ■. ■--------------- h r. mm un tt/ia/MMICII 001 NfltCPlN COUNTY MOPCOTY INFOOHATIGN SYSTEM PROPERTY (MCRS LIST REPORT NO. P10S5401 PAGE 1 TAHPAYfR NAMi/AOOR SO fO-117*tS SI oosa 02n0 CASCO POINT RO 0 A J NORRIS ORAOLEY C OAKKE 2900 CASCO POINT RO HAYZATA MN 55S91 SO 20-117-2S SI 0095 02975 CASCO POINT RD STEHART R PERRY STEHART R PERRY 2975 CASCO POINT ROAO HAYZATA HN 55S91 SO 20-I17-2S SI 0041 02960 CASCO POINT RO C H HAACK A P NUUEN HAACK C N HAACK A P MUUEN HAACK 2960 CASCO POINT RD HAYZATA MN 55S91 TAHPAVIR NANE/AOOR 16 20*117*2S SI 0044 02947 CASCO POINT RD T A 0 ROZEOOOH THEODORE A DE60RAN ROZE6QQN 2947 CASCO PT RD S6 20-117-2S Sr 0070 000S6 ADORESS UNASSIGNED JAMES R A CATHERINE HARTZEIL JAMES R A CATHERINE HARTZELl 127 HOOOLAHN AVEr .NAYZATA MN 55591 ST PAUL Pf4 55105 rL • SB 20*117-25 54 0020 S« 20>U7*23 M 0023 P PROP ADOR 0S020 CASCO POINT RO 02967 CASCO POINT RO ONNER NAM JOSEPH E BRAUN ET AL JAMS R A CATHERINE HARTZELL1r-TAXPAYER CAROL J KELLY JAMS R A CATHERINE HARTZELLr f i- NAM/ADDR SD20 CASCO POINT RD NAYZATA MN 55S91 127 H000LAM4 AVE ST PAUL MN 5S105 S6 20-117-2S S4 OOOS 05015 CASCO POINT RD R 6 LAURIE ETAL R 6 LAURIE 5015 CASCO PT RO HAYZATA ft4 55591 56 20-117-2S 54 0024 05005 CASCO POINT RO JAMES R A CATHERINE HARTZELL JAMES R A CATHERINE HARTZELL 127 HOOOLAHN AVE ST PAUL m 55105 ONNER NAM TAXPAYER NAM/AOOR TOTAL PATCH 001 00009 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION» TO THE REST OF MY KNOHLEOGE AND BELIEF. DATE (jlnlnifl Uju^ - - -- - - - - - /> i♦' Si Perry , Perry & Perry A ttokneys at Law STEWAKT It PtMY $ma »n M.Pkuv SMANtCPniY NoRwcsT Bank Bltunno East Waytata Blvd ^ St'rre 110 Waytata . .VI innesota S539I Tu-apmom : (612) 47J-0130 FAX; (612)473-0184 September 22, 1990 Mr. Jim Hartze 11 2987 Casco Point Road Wayzatar MM 55391 ( ft ±\ Dear Jim's You explained to me that tne City requires a letter from your abutting neighbors giving permission to build a swimming pool off of your back deck. I understand that the pool will extend beyond the line of my house towards the lake and that is why the letter is necessary. You stated it was to be a ground level pool. You have my permission to proceed as you wish. You may use this letter in any way as you see fit. If this is not sufficient, please let me know. I will certainly cooperate in any^vay I can. gX<5T/f>t . ns-zto‘ .• . : tt *^**4yf ; ^ 4 a ; * J- "')!-■ • i'^. ■ *1. baj . .1 P(?oPOiCt> s\*n5fiAAi p'” If I ' j f.: i f :lr ‘r i Si- • I, ^ J • I ■*"1^; w<l^ r-fe HARDCOVER aLCULATION WORKSKI SETBACK ZONE! (ctRCLS ONE) O-'j^ IS-2Sifj 2SitSCQ' ECO-IOOO' Existing H ardcover in Zone ft X w' A. House LENGTH WIDTH B. Garage X c. Driveway 0. Sidewalk E. Patio/ Oecic F. U noscape areas UNDERLAIN BY PLASTIC SHEETING 6. Other Ih\W i Total H ardcover in Zone Total Property Area in Zone 0 B =S.F. s S.F, ct ^ S.F, S.F. S3 S.F. , S.F. 1 ’ S.F. S.F. S • F1 S.F. A - ^S3 X , S.F. 1 S.F. S.F. S.F. S.F. S3 S.F. ny S.F. ijij S.F. d - >S.F. X 100 » • ^ 1 , ^ --r" •\b % nu;»>t I h...h r §¥ I-V* • y ■■-• I' ■ ^V- f HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ^750-500'^500-1000 Existing H ardcover in Zone Total H ardcover in Zone Total Property Area in Zone S.F, ~iT[ *7 ^ S.F. 3 s m X 100 21£\% .k. /)nousc _ _ X LENGTH WIDTH• • S.F. X a •S.F. X S.F. # X 9 S.F. X S.F. B.Garage X S.F. C.D riveway [^X 3 n - : _:r 1 S.F, w X S.F. 0.Sidewalk X 9 S.F.^ T X S.F. X 1 S.F. E.Jatio /D eck X f 1 S.F. F.Landscape _ . X a ■ , S.F. 1 AREAS UNDERLAIN BY X S.F. PLASTIC SHEETING X S.F. X S.F, 6. Other X _ __ - • S.F. r If I rf/ 'I tV ; KiT !l- ;^r t !!'► ti.. k<_- c 24?^ Cj^\!—lJl>S-^» /^;^(5^d r6^V^ fi!t^- i-( C L l'^^" T2> ]ff^-H 2x;*4, —A-i..^_______________ ►t i '■ Uw ' i-'-:Vi, V' ».i kr ik''' |V’., §. P &• tfi. f' ir;/* ^ -r i I \. lei Coj^^^ye- r^6 U s pet(^-^<~ s:a.l^r- ' fcal~ Oi'f-* fiJ IPhI '■ SI (fr ijul - IbO </> J^L -1 •s^ •;:» f 7 // ■ I /fOu.i<i. ^0* ^7‘.'7 =^V __-J ft' :••• C?.' ?'•:• h- [S’ i?.V. L;-t:-: It: vt- ■- i'./ i- i ■ MH-::i::''hr |fi-tr' |l.V'r i‘;v ■ % Tot Mayor Peterson fc Orono Council Members City Administrator Moorse % FroBs Dates Michael P. Gaffron, Asst. Planning & Zoning October 24, 1991 Subjects #1626 Eric and Krystal Wilson - 2683 North Shore Drry^^ Variance Revision - Resolution List of Bxhlbita Exhibit A Exhibit B Exhibit C Exhibit D Resolution Planning Commission Action Notice Letter from Neighbor James A. Mitchell Memo and Exhibits of 10/16/91 Discoselon Council referred this item to Planning Commission for review. Prior to the Planning Commission review, applicants revised the garage and house plan and orientation such that the square footage of encroachment past the 30* setback line was equivalent to that approved for Traff. Flaanlag Oemmission Recommendation At their October meeting, the Planning Commission voted 4 in favor, 2 against to recommend approval of the revised proposal as noted above. The minority opinion of the Planning Commission was that since the development of this lot would be starting from scratch, no setback variances should be granted. The majority however felt that the revised plan is actually an Improvement over the originally approved Traff site plan and were comfortable with the revision. Staff ■ei’inmmsndstion A resolution reflecting the recommendation is attached for Council review. Vi:' H I:- % k'-.II" A RBSOLOTIOH ANBHDIHG RBSOLOTIOH HO. 2960, PILE MO. 1626 HBBRBA8, Eric and Crystal Wilson (hereinafter "the applicants”) are owners of the property located at 2683 North Shore Drive within the City of Orono (hereinafter "City ) and legally described as follows: Tract B, Registered Land Survey No. 1373, Hennepin County, Minnesota (hereinafter "the property"); and MHBRBA8, on May 13, 1991 the City Council of the City of Orono granted variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) for lot area, lot width and side yard setback to the previous owners, Tim and Beth Traff, for a new residence, portions of to bo constructed 24#5* from the esst side lot line where s 30* setback is normally required; and IIHBRBAS# the applicants have proposed a different house and different site plan than that approved for Mr. and Mrs. Traff; and ■wmemag, on October 21, 1991 the Orono Planning Commission reviewed the site plan attached to this resolution as Exhibit A, and recoBMended approval of the revised proposal on a vote of 4 to 2; and 1IBBRBA8, the revised proposal locates portions of the proposed garage and house as near as 27' to the east side lot li"®» pifoposes the equivalent square footage of footprint encroachment of the 30* required side yard as was approved with the Traff variance requestI and WBBRBA8# the City Council finds that this proposed structure/site plan meets with the original intent of the approval granted in Resolution Mo. 2960. Minnesotai BOW, TBBRBPORB, BB IT RB80LVBD by the City Council of Orono, Page 1 of 4 f I : ?•' r.. ^1' t'^ •r: it'--' I'- 'K- . >^/i- I ■* •*•* *3T,.. tr.r?. 5^'. Ir f-r tv'- I■fe:-I Pi>- 1. Resolution No. 2960 of the City Council is hereby amended by allowing the construction of the new residence per the site plan attached to this resolution as Exhibit A, allowing a 27' east side lot line setback where a 30* side setback is normally required, subject to conditions 1-3 of Resolution Mo. 2960. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be axercised by application for a building permit within one year of the date of original Council approval of Resolution No. 2960, or this variance will expire on that date (May 13, 1992). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the soning code, shall automatically terminate any authority ^]*iinted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 y- Adopted by the City Council of the City of Orono, Minnesota, a regular nesting held on the 28th day of October, 1991. ATTEST! Dorothy M. Hallln, City cierK Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) 88. COUHTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 1991, by Barbara A. Peterson t Dorothy M. Rallin, Mayor * City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 ICZTT OP OKmO F« O. Box 66 Crystal Bay, 473-7357 MM 55323 ZONING PILE f%4M~#‘/^26» NOTICE OP PLANNING CONNISSION ACTION TOi Eric 4 Krystal Wilson 2346 Vernon Circle Minnetonka, MM 55345 COPIES TOs Martha Yunker 3766 West Calhoun Parkway Minneapolis, MN 55410 Tim Traff 2683 North Shore Drive Wayzata, MN 55391 TYPE OP APPLICATIONS Variance (Revision)w if'. h > y -i; ■ ■' ;%••■'M » . K W I a* ; ■• iT'’ ?r-K' . i" ’ c,:’. t 'S"7 •• ; ■^- - F,-> H-'-- f'i.;. ^V. ,1 % DAItB OP MBBTIBGt 10/21/91 Planning Conadnsion n VOTE: 4 For 2 Against ids the followings Approval as submitted per revision submitted 10/14/91. BOnS ABD SPECIAL OOBDITIOHSs Applicant's next scheduled meeting is confirmed as: City Council Monday, October 28, 1991? meeting starts at 7:00 p.m. Xf you desire certified copies of the official Planning Conaission minutes, they are available from the City Recorder after review and approval by the Planning Commission. 'te. I.*; i.- % I # ■sr * *.v'rIf-: *>. I I:' r- ';F li^V ■r-[V I*- 3. Ul' James A. Mitchell 2685 North Shore Drive Wayzata, Minnesota 55391 October 16,1991 r3 : ii CT‘.0 — ? '0CT' 1 8 1991 Orono City Council P.O.Box 66 Crystal Bay, Minnesota 65323 Dear Council Members: Re: 2683 North Shore Drive At your October 28 meeting, you will consider a variance request froin Eric Wlflon to construct a new home on the property immediately east ot ours. Pat and I have reviewed Eric’s plans wi^ him and his Ychitcct. We believe them to be appropriate and compatible with the residential nature of this area. We request that you grant the variance as Eric requests. blanks for your consideration. SiiMftvlx,, James A. Mitchell CC: Eric Wilson .-7iy .: I i I 3,TDS Commission Chslirmsn Ksllcy Orono Planning Commission Members City Administrator Moorse Froms Michael P. Gaffron, Asst. Planning & Zoning Administrator Dates Subjects October 16, 1991 #1626 Eric and Kristal Wilson, 2683 North Shore Drive Variance Revision - Referral from the Council Dieecnseloa vhia item was originally reviewed as a proposal by Tim Traff for Jldth lot area and side setback variances to construct a new r4lVce « pr.-«*i.tin9 house. The City Council in Laelation Ho. 2960 granted the “line^^'r’raffist residence to be 24.5* fro * the side lot line, sold the property to the Wilsons, who are proposing a somewhat different house thL the Traffs. staff determined needed Cou^^ review because it was a significant change from the Traff Council at their 9/23/91 meeting referred this to the Planning Commission for review. Since slightly revised their proposal to decrease the area of structure that ifill encroach into the side setback. List of Bnhibits Exhibit A Exhibit B Exhibit C Exhibit D 10/14/91 Letter of Request Currently Proposed Site Plan, Construction Plans, Elevation Views Notice of Council Action 9/23/91 Memo and Exhibits of 9/18/91 Pertinent Facts - 1 In the Traff proposal approved by Council, a two-story portloi of the house with a 150 s.f. footprint was allowed as close as 24.5* to the side lot line. 2 The original Wilson proposal to Council included 320 s.f. of ,ootprlnr:n«Srchi», p..t /he To- setback “"« « « The majority of this was in the east wall of the attached garage. 1 Tfi ♦•he revised Wilson plan now under consider, tlon, the encro2ihmen\ oVhous^V^^^^^^^ is "/27*%ro«'th%"^eai:setback of both the house and garage appears to be 27 from the east side lot line. W. ... 4/bil..S it ^■r pp.:- ;-t t; i;: I F- , .•- ?- i‘ -: I' :-^- Zoning File #1626 October 16, 1991 Page 2 4. In this plan, the house has been reoriented at an angle more consistent with the Mitchell residence to the west with the garage angled to parallel the east lot line. The exp^ ided site plan subnitted suggests the spatial relationships between the houses in question. 5, A grade level patio is proposed to be located at the southeast corner of the house, and at grade level is not considered an encroachnent on the side setback. Dleenseloii The applicants have advised staff that they have discussed this proposal in some detail with both neighboring property owners, and the neighbors do not object to this revision. There is no encroachment of the average setback line as defined in Resolution No. 2960. The •PpHoants propose no hardcover in the 0—75* zone, and have designed the walkways, patios, driveway and house/garage to meet the 25% hardcover limitation. Lot coverage by structures is held to approximately 8% of lot area. In general, the new proposal does not exceed the square footage of encroachment allowed by Council with their original Traff approval. The layout of that encroaching square footage has been changed from a unssed two“Story encroachment to a more linear one-story encroachment. The Planning Comsiission perhaps should consider whether the apparent 3*x40* encroachment of the one-story garage is more or less intense ^han the two—story portion of house that encroached with Traff*s original proposal. The applicants are aware that Planning Commission's recommendation on the Traff proposal was a vote of 3 to 1 in favor of approving the lot width and variances and denying the side setback variance. The Council determined that Planning Commlsion review of the revised proposal is appropriate, and suggested that the Planning Commission recommendation be brought forward immediately to the October 28th Council meeting for final action. W |v: : i F 'r ■ ■1- ivI' • I'fe- p\-i ■ t ■A- ■c^: ■• if' -i’r li. r-h. V'Lr 1^ IR' I fc’-’ fc. I 1^ 1:m- #. f.wa. Zoning File #1626 October 16» 1991 Page 3 tpn—nilition Options Planning Connission nay wish to consider the following options for recommendation: 1. 2. 3. Recommend approval of the revised proposal as presented. Recommend denial. Recommend partial approval, giving applicants specific direction as to what specific revisions are appropriate. 4. Other. ' "/ye / « ^cA:e.- Si /<<, . 2__ Martha Vunkcr ARCHITECTURE S-- a i'.' k' ■ i-; hi- r‘. • y M: fv err; :.• C‘^C’50 14 October 1991 Mr. Mike Gaffron Orono Building Department 1335 South Brown Road Orono, Minnesota 160^ 1' '4 1991 Dear Mike: Enclosed arc the schematic plans. site plan and extended site plan for the Wilson Residence.' The house has been adjusted so that there are just under 150 SF of area in the 5.5* setback area between 30' and 24.5'. Unlike the Traff proposal almost all of this part of the house is one stc "v. The house is also plac^ further back than the Traff proposal to reflect tne change in the average setback the city council retiuested. The expanded site plan-shows this average setback more accurately. The line of the average setback is located according to my understanding of the council's directions. If I am in error please notify me as it is not the intention of cither the Wilson's or myself to request a change. The expanded site plan demonstrates that by placing the mass of the garage to the east the three houses achieve a more equal spacing than when the garage is placed close to the Mitchell's property. This change is welcomed by the Mitch­ ell’s and maintains the approval of the Lacey's. I believe that this spatial rela­ tionship of the three rcsider ^s ;s more in the spirit of Orono's zoning ordi­ nances and that it is more ap opriate to this type of prime lakcshore property. A If you have any questions dr • ecd any other materials or documentation please notify me or Eric or Kristal Wi.son. Thank you. Sincerely. 57t6 Vist Calhoun Pfrhixty Martha Yuiikcr AIA k.Minuaf^, Minnesota fC r-Jtkfhone ■m- ' ■ B - 't- ■.-7 fy ■y ■ CITY OF OROMO P. O. Box 66 Cxrystal Bay* m 473-7357 APPLICATION NO. #1626 55323 NOTICE OP COUNCIL ACTION Date of Notice: September 25, 1991 lOt Eric Wilson 2346 Vernon Circle Minnetonka* MM 55345 COPIES TOs Tim Traff 2663 North Shore Drive Wayzata* MN 55391 Martha Yunker 3766 W. Calhoun Parkway Minneapolis* MN 55410 nPB OP APPLICATlOMs Variance (Revision) 0B9B OP MBBTIBGs 9/23/91 VOTE: 4 For 0 Against OOHaCIL ACTION - NOTIONS Refer this to Planning Commission for review as a revision to previous epprovel (Resolution #2960). Planning Commission meeting will be held Monday* October 21* . ^7l, 7:00 p.m.* Orono Council Chambers. Staff to re- netlfy neighboring pr«^^rty owners. If you desire certified copies of the official Council minutes* they are available from the City Clerk after review and approval by the City Council. lav My 'ft-1 _^ Tot Dotot Mayor Peterson and Orono City Council Ron Moorser City Administrator Michael P. Gaf£ron« Asst Planning u Zoning Administrator September 18, 1991 Sobjocts #1626 Tim Traff/Eric Wilson - 2683 North Shore Dr. - Revised Site Plan - Review for Consistency with Resolution #2960 List of Exhibits ¥ \\ Exhibit A * Letter of Request Exhibit B - Proposed Site Plan Exhibit C ■ Proposed Building Plan Exhibit D - Resolution #2960 Exhibit E - Conparative Site Plans Discussion Hr. Traff was granted lot width and lot area variances in May, 1991, in addition to a 5.5* side setback variance in order to construct a new residence. He has now sold the property to Eric and Kristal Wilson, who are proposing a slightly different house footprint. The changes were determined by staff to be significant enough to trigger Council review. The subtle differences between the Traff and Wilson site plans are as follows: 1. The Wilson plan slightly changes the angle of the residence in relation to lot lines. 2. The bulk of the house is slightly further away from the lake in the Wilson plan. 3. The Wilson's triple garage is located off the easterly wing of the house rather than the westerly wing. ■4. The entire length of the Wilson garage is proposed to be 24.5* from the side lot line (totaling 200 s.f.), in addition to a 120 s.f. portion of house. In the Traff plan, only a portion of house encroached past the 30* setback line. In total, about 320 s.f. of building footprint will encroach past the 30* setback line with the Wilson plan. The Traff plan had 150 s.f. of encroachment. The proposed plan holds to the 25% hardcover limitatior. in the 75-250' sons. FI- k: r ► if'- ^.:r;''M - ■'rt-^ ‘J- ■ r^' A- k-- rsu i^-‘ ^ ■ tr'Wi:-fe' ■tf"-I k . ;■ Si Zoning File «1626 September 18, 1991 Page 2 Isanes to Consider 1.Remembering that the variance runs with the property, not with a specific applicant, the question to consider is whether the revised plan meets the spirit and intent of the Council in approving the variances for Traff's site plan. 2.Will the encroachment of the 3-car garage into the 30' side setback create visual density problems that are not inherent in the Traff proposal? 3.Is there any change in the impact on neighboring properties resulting from the revised plan? If so, would input from the adjacent property owners influence Council's final decision on this request? Note that the Planning Commission reviewed the request briefly and informally at their September 18 meeting, and generally agreed that the changes should be reviewed by Council, but did not discuss the specifics of the request. Staff tion Council may wish to consider the following optional courses of actionX 1. 2. 3. /pprove the revised site plan as proposed. Approve with revisions. Conceptually approve, direct applicant to revise (give specific direction). 4.Refer to Planning COTmission for formal recommendation (does Council wish that neighboring property o%mers be renotified?). 5.Conceptual denial based on increase area of encroaching footprint. 8• Other. Applicants wish to get started with construction as soon as possible. If this item was referred back to the Planning Commission for their October 21 meeting, it would be placed on the October 28 Council agenda. Isv f- % I S' *0: n!i<£ GAFFRCN - ASST Fl.A^iMM'3 ?< FROM; ERIC KRISTAL WILSCM RE I 2683 NORTH SHORE DRIVE - *XbS.b DATE I SEPTEMBER 9, l99l zoning ADHtNTS~ = A'*CR Thank ycu for meeting with as earlier toaav «nd giving us •oms guidance in this process. As we mentioned in our meetingf we have entered into an agreement with Tim ana Beth Trafi' to purchase th-sir home at 8603 North Shore Drive. We are scheduled to close the sals on October 1, 1991 and would like to start construction of our home in early November. As you know, the Traffs were intending to build a new home on this property themselves. In anticipation of that* they applied for side setback, lot area and lot width variances in March 1991. On May 13, 1991 the Council granted "varaiances to Municipal Zoning Code Section 10.S3, Subdivision 6 <B) to allow construction of a now residence on a lot 110' in width where S«)<)'in width is normally required* being 1.01 acres in area where a 3.0 acre lot area is naroaily required, and allowing a Sa.S' east side lot line setback where a 30* side setback is normally raouired. subject to" several conditions. Ue have engaged our own architect to design a home to meet our particular family needs. As the home is slightly different than that which was previously submitted to the Council for variance approvals, we are taking the initiative and asking for the Council’s continued support. Enclosed please find from our architect a site plan, floorplan, elevation, survey and hard cover calculation. As in the previous request, we are not looking for a hard gQvmr variance. The enclosed hard cover calculation show* we ere within all limitations. lar design not dn-lv moves the proposed structure ) from the previous average setback hut eovee the maes of the_buUdine more towards the center of the two a dlaeent aroBerjties. This should provillB additional aroteetion of the Mitchell's lak eviews* and aoaln leete minimum Cltv reeuirements. tt should be noted 'that the two proposed encroachments ovei^ the usual 30* side setbacks are only one^tory structuree * and are within the previously approved Sa.5* east side lot line setback variance* Me are excited about our project and are particularly delighted about the proepects of living in Orono. m-s~ ^AS \/»ePe^ pte***> - I «Krf'i;fe'S' ■■ p I- I f- & r.r l: t:' f' I i ^r. II o o -J.- »4 ■.' > A .- CITY of CRON * • • t' «*. J• -r'S‘. A •y RESOLUTION OF THE CITY COUNCIL NO. 29^________ A RBSOLDTION GRANTING VARIAHCBS TO mdhicipal zoning COOB SBCnON 10.23, SUBDIVISION 6 (B) file #1626 WHEREAS, Tim and Beth Traff ^No^th ..»yi era the owners of the property located at 2603 No_tn Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey #1373, Hennepin County, Minnesota (hereinafter -the property"); and WHEREAS, the applicants have applied to the City for variances ^Mu^cipal Zoning Code Section 10.23, (B) to permit the construction of a °cre in width where 200* width is normally required, ^®^“^ i” nil* Mhara a 2 0 acre lot area is normally required, and being tUitld 24.S- iro. tSe «st side lot line where a 30- side lot line setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11626. 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed ms applicatiOT on March 18-20, 1991, and on a vote approval of the lot width and lot area variances, and denial of the side setback variance, finding that: There is an existing house on the /J*. ____ from 118 ’ toproperty is 1.01 acre in area, and fan?** 140* in width.140 ’ in wiarn. The house is believed to its current location since 1920, prior to the effecti date of current zoning regulations. B) The property is served with municipal sewer. Page 1 of 5 s' .f h. ^ f I i i 'I o o A • ' ' ^ - ‘ >* CITY of ORON RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ ?cr a?"th;fake"sh‘o« ^r"aitJd'by to the 140' lot width standard in effect at tlL The zoned for 1 acre minimum that time. a.K-ar «.inie and the subdivision met the lot lot width variance granted in ?Q7d 5a? itric-ly to accommodate existing improvements 1974 was stricwiy ro acc^ lisH* IHmv “••for 2685 North Shore Drive, on a separate lot. Without tU’^need for a side setback variance. 4. The City Comcil r«view^ the finding, and bv the aSplicants and the report, by City .taff, gaf^y and welfare of •ffect of the voted 5- to grant the comunity on fP“^ “i-”Jiath? Jt area and 5.5- aide:=rvLSrU'.d^= ^^e rol^-ln, fi»ding.= proposed. B, Although it is *--^,Vt«^Sr»eV«:“tte%hrp: 3nti:TuiK”«teiop. and-n.„owin, o^^^ rjA\si?.pimaximum advantage of the laxesnorc property. C) Further, the sr.nti„, of a 5.5- .i^^ increased conformity with City Codes. Page 2 of 5 rv. o o ••• ■'^ '“T >^;-.4 j*.-‘ii ■ *l .4- CITY of ORON RESOLUTION OF THE CITY COUNCIL to meet Orono's hardcover regulations. protection o “/the Mitch.lls' lakeviews and more than meeting minimum City requirements. • 1 4-ha-h 1-he conditions existing on 5. The City Council do not aooly generally this property are distric*^* that granting the to other property in this traffic conditions, variances would not or °th^ danger to light, air nor pose a ^^ mere 1 v ^erve as a neighboring J!,oTicants, but is necessary to convenience to h^rdshio or difficulty? is ^S?i^^'‘Sl%h:"zon “?n^“c:de^"nd"*C^%r^hensiv. Plan of the City. COHCLnSIOMS# OHDKR AMD COHDITIOMS K%sss.;'S-.37"iiH a -.is-a; Boznally requir^, ^ allowing a 24.5 ’ east side lot -hi/.T 3” '.id. ..tback l. normally required, subject to the following conditions; 1. Prior to i..uance of a building permit, applicants shall provide the following; », certificate oiS^«y verifying ^th^^ Hrindicated in Exhibit A. the normal building permit review process. hi’ m ■iC 0 .• if'- i *; »• f 4^- : fi' i» » r t ■-V. pj- A >• If O O ■'V^esHpt' CITY of ORONO >• RESOLUTION OF THE CITY COUNCIL NO. ________ 2 AoDlicants are advised that any portions of ®I l*evel patio proposed at the south end of the house * intended in the future to be walled or enclosed, lakeward of the redefined laJceshore setback ;5$Sire Ji; iveUe lakeshore setback variance at such future time that those improvements may be proposed- 250-500' zone. A Granted by this resolution run with the e Violation of or non~compliance with any of the terms and ?hif variance ^\ 5r2nt2d herei^/and shall be punishable as a misdemeanor. 6 The undersigned applicants have read, -* hereby agree to the terms of this *5^°" ^hereby ;|r2“"is; ««rSlnrof this resolution in the chain of title of the property. Adopted by the City Council °Tqgi' lesota at a regular meeting held on the 13th day of May, Page 4 of 5 I . Ej" FI: y-''r tU' O O 1!^ \V •., \ > X.- * • • • ^ '; . .1 >> ^ tV/'5 CITY of ORON RESOLUTION OF THE CITY COUNCIL NO. ________ STATE OP MINNESOTA COQNTY OF HENNEPIN ss. TO. Tolrlthy h" ISVy CleA /f the_ City cf 0 Minnesota municipal corporation and said inSv*La.nt wa of tho City. aKwlSiN COUHTY STATE OP MINNESOTA COUNTY OF HENNEPIN ) ss. On this __ boforo mo aNsiary r^Jzp." f,. w oppoarod xa?^*T?d who oxtcutea che known to mo to bo tho per»o«vs) j executed forooolng instrumontr and acJcnowieagea i-n tte au. a. hi. (their) fr.e act and deed. THmnA L NAAB - NOTAIir MOUO • MNNOOTA ■ IIBIIIIBWII COUNTY 10 )S8. STATS OF MINNESOTA ) COUNTY OF HENNEPIN ) , 199 . before me a g;t:ry%i;ETir;iTOL°fnd ior saia CoulTWrp.r.o-ally app^r.d me to b. *'*V ‘’*“^*„t"‘!idVcknot^^ that he°(theyT'«ecut.d notary PUBlaJ-t; Page 5 of 5 1 - /OoT" TO ^CALB - t'- ■ r F I- . - p-.i- /■ Tos Mayor Peterson ft Orono Council Members City Administrator Moorse /; r From 3 Date: Michael P. Gaffron, Asst. Planning & Zoning Administrator October 23, 1991 Subject: #1693 Albert D. Hanser, 1685 Fox St. - Variance 7$g Subdivision Moratorium ^ List of Bxhlbits Exhibit A Exhibit B ^AkJki4 C. - Notice of Planning Commission Action 10/23/91 - Memo and Exhibits of 10/16/91 -/ecv/Jet Discussion Please carefully review the memo and exhibits of October 16th. Briefly, the applicants appeared before the Planning Commission on October 21st with a sketch plan review and request for a variance to the subdivision moratorium. The Planning Commission briefly reviewed the intent of the moratorium and recommended denial of a variance to the moratorium. It appears that the Planning Commission's recommendation was partially based on general principle, l.e. the moratorium is in place strictly to hold this type of application in abeyance until the new regulations are effective. The Planning Commission also noted that certain variances were Inherent in the proposed plan, which need to be addressed by the applicants. The Planning Commission voted 6 to 0 for denial of the Bioratorium variance, and determined that they would not proceed with the review of the sketch plan until such time that the Council grants a variance to the moratorium, or the moratorium ceases. Farlanoa Procedure As noted in the October 16th memo, granting a variance to the moratorium must be based on the following considerations: 1. Does the proposal meet the intent of the Comprehensive Plan? 2.Does the proposed plan meet the proposed Shoreland Standards? 3.Does the proposed subdivision promote the general health, safety and welfare? 4.Is there a legitimate hardship borne by the applicant if a variance is not granted? <? H. p yi: [>*• fl-. ' m i-ia-.' f? K--' > ^,.. i. '. fe- |r'' ¥m. ^'?- lii-'-1^; ty^-* File #1693 October 23» 1991 Page 2 Council Is advised to allow the applicant to address each of these necessary findings. Note that the wording of the moratorium is such that the Council is not mandated to grant a variance^ but may grant a variance at Council's discretion. (ketch Plan Review - Confonity with Proposed Shoreland Regulations Please review pages 2, 3 and 4 of the October 16th memo. The initial sketch plan includes the following variances which need to be addressed t A.Wetland encroachment by the proposed private road. B. Lot width at the "shoreline" for Lots 1 and 5. C. Lot width at 50' street setback for Lots 2 and 4. Regarding the wetland encroachmentr this occurs where the proposed road enters Fox Street. There is already a private driveway in this area which would have to be significantly expanded to create the private roadbed. Some wetland encroachment is probably unavoidable in order for this road to be created. Lot width standard for this 2 acre zone 200'. If these are considered lakeshore lotSr then the Lake Use Conur.j.ttee has recommended that lot width be measured at the "shoreline" and at the required structural setback from the shoreline. Lot lines for Lots 1 and 5 can likely be revised to accommodate the required widths. If these are not considered as lakeshore lots» then the lot width ^ would be sieasured at the 50' street setback. In this caser Lots 2 and 4 would not meet the 200* standard* but the line between Lots 2 and 3 can be revised to allow Lot 2 to conform. Lot 4 is a cul-de-sac lot and the City has often granted lot width variances for cul-de-sac lots in the past. An additional issue is that the building envelope for Lot 2 is extremely limited* if the Shoreland Regulations ultimately result in a RD classification for Tanager Lake and the need for 100' setbacks from the Ordinary High Water Mark. It may be possible to revise drainfield sites to give a small degree of flexibility for house construction on this site* but under the current plan it is fairly inflexible. lor V at- cut.-t>e-sAc File *1693 October 24, 1991 Page 3 Lake Access The actual water surface of Tarager Lake and its influent creek is some 700* from the dry buildable portion of this property, yet the 929.4 elevation defining the boundaries of Tanager Lake (and Lake Minnetonka) extends all the way to the base of the slopes in the property. These apparently must by definition be considered as lakeshore lots, and the DNR has verbally confirmed that this would be the case. However, the property boundaries do not extend out to open water, hence any channeling or docks would cross another property. Yet if everything below the 929.4 elevation is considered lake, then the DNR and the Corp of Engineers have the primary authority over any docks or dredging below the 929.4. The City very possibly would have no say in whether this "wetland* within the basin of Lake Minnetonka can be dredged. 8tsff Wsrn—endstion Although the Lake Use Committee is still completing its review of the DNR's proposed shore land regulations, it appears to staff that the applicant's surveyor has in general designed the subdivision based on the probable "most restrictive" standards under consideration. Council is advised to carefully review the intent of the moratorium and the variance criteria, to determine whether it is appropriate to grant a variance in this case. Options for action include: 1. Conceptual approval. 2. Conceptual denial. 3. Conditional conceptual approval 4. Other. Staff will draft a resolution per whatever action Council takes. P. V .; H. \‘.. Ei^vIt: ?I 4>-' ■f: k'r, P?''V.,/' mh.f,. ■'i. p,.:. ¥■ f: '-■ »v,^ r. -V.I! ^’,• U K . >Siw. £^‘ czn or OROHO P. O. Bos BB Crystal Bay* m 473-7357 ZONIliG PILE #1693 55323 MOTICB OP PLANNING COMMISSION ACTION Date of Notice: 10/23/91 TOt Albert D. Hanser 1685 Pox Street Maysata^ MM 55323 COPIES TO:Mark Gronberg 482 A Tamarack Ave. Long Lake, MN 55356 TIPS or APPLICATIOM: Moratorium - Subdivision OBR OP 'IMS: 10/21/91 VOTE: 6 For 0 Against Plaimiiig CasBisslon r ads the following: 1. Denial of Moratorium Variance. 2.Proceed with Sketch Plan Review only if Council grants a variance to the Moratorium. Applicant's next scheduled meeting is confirmed as City Council on Monday# October 28, 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. r- S’ V- /< Tot Chainnan Kellay and Planning Cominission Members Ron Moorse# City Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Datot October 16, 1991 Snbjocti #1693 Albert D. Hanser, 1685 Fox Street - Sketch Plan, 5 Lot Subdivision - Request for Variance to Moratorium Soolag Distrlcti RR-IB, Single family rural residential, 2 acre, unsewered Lis^ of Bzhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Application Plat Map Property Owner's List Subdivision Moratorium Ordinance Air Photo Survey/Sketch Plan ratoriiaa Variaaoe Request The City Council on August 26, 1991 adopted a moratorium on subdivisions within areas subject to the proposed Shoreland Regulations. The intent was to eliminate the possibility of new subdivisions being created under the current Code that pr<or to actual development would become subject to new, potentially t^^re restrictive standards. Section 5 of the Moratorium Ordinance indicates that the Council !T grant a variance if it is found that a proposal is not contrary to the intent of the Comprehensive Plan, that it is compatible wit^ the proposed code amendments, that it promotes the health, Sc.ety and welfare, and that a hardship would be created if a variance is not granted. The applicant was advised by staff to bring this forward as a sketch plan rather than a full subdivision application, to minimise the amount of staff time expended on the review process and delay applicant's full fee investment if a moratorium variance is not forthcoming. In reviewing whether a moratorium variance should be granted. Planning Commission should consider the following* 1.Does the proposal meet the Intent of the Orono Comprehensive Plan for development in the rural area? 2.Does the proposed plan meet the standards being proposed for adoption in shoreland areas? 3.Does the proposed subdivision promote the general health, safety and welfare? Zoning File #1693 October 16, 1991 Page 2 4.Is there a legitimate hardship borne by the applicant if a variance is not granted? Note that review and adoption of the proposed Shoreland Regulations is expected to be complete- in February 1992, and although the ordinance is written to be effective for a period of one year, the Council most likely would terminate the moratorium when the new ordinance is adopted. The confOiTmicy of various aspects r£ this proposed subdivision with the new shoreland standards under review, will be addressed in the sketch plan review below. :etch Plan Review This is a request to create four new 2-*^ acre building lots in addition to leaving the existing house on a S*** acre parcel. The property includes extensive wetland area and rolling hills, ^e following points are offered for consideration: 1.A 500' long private road and cul-de-sac is proposed to serve all 5 lots. There has been some discussion regarding retaining the second driveway access for the existing residence. 2.The 929.4 contour line defining the boundary of the dry land and wetland, also defines the shoreline of Lake Minnetonka/Tanager Lake, according to Ceil Strauss of the DNR. Absent any clearly defined continuous high ground which absolutely cuts off this wetland from direct connection with Tanager Lake, the wetland in the south one-third of the property is considered part of Itake Minnetonka by the DNR. This creates a number of significant questions, such as whether these lots are therefore riparian, whether or not the DNR/Hatershed District/City/Corps of Engineers will allow dredging of a lake access channel or construction of lengthy docks to the open water. Additionally, it appears from air photos that to reach open water, such a channel or dock would have to cross adjacent properties. 3.The 929.4 defined shoreline coupled with the proposed "Recreational Development” classification of Tanager Lake, would require a 75* setback for on-site sewage treatment systems, and a 100' setback for structures in this unsewered area. Applicant'; site evaluator/surveyor has shown tested drainflel- sites meeting the 75' criteria, and proposed house locations that meet the 100* proposed structure setback. lEik 's' r'- > Zoning File 11693 October 16r 1991 Page 3 4. A brief review of the drainfield Infor^ition Indicates that all sites will likely require mound systems* and that there is very little flexibility in finding additional septic sites or revising the locations of the sites shown on most of the lots. In some cases those sites meet the MPCA/DNR 10* lot line setback standard* but not Orono's current 20' requirement. Topography and hou^e positioning also limit the flexibility of the drainfield sites. Most of the sites are shown sized for a 4*5 bedroom mound system* but may not be expandable. In both Lots 2 and 5* there are likely to be driveway conflicts with the drainfield sites. The proposed house site on Lot 2 would be so 'restricted by the 100* shoreline setback and 20* drainfield setbacks that in staff's opinion this is not a reasonable lot. Lots 3* 4 and 5 are more flexible. Although no testing has been shown for Lot 1* the existing septic system appears to be functional and there appears to be substantial area available south of the house lor replacements. An alternate site should be required to be tested as part of this subdivision. 5. The wetland in the northeast quadrant of the property is about 2* above and not connected to the Tanager Lake wetland. The normal 26* wetland setback for structures and 75* setback for drainfields would apply. It appears that the proposed roadway will encroach on the 26* wetland setback on both sides of the road* hence a conditional use permit and variance appears to be required for that road grading and filling in the wetland. 6. In Lots 3 and 5* it appears possible that driveways may encroach into 26* wetland setbacks* in order to avoid encroaching on septic sites or lot lines. 7. Each lot contains at least 2.0 acres of contiguous dry buildable land. 8. Lots 2 and 4 do not meet the 200' width standard at the 50* street setback* but do meet a 200* width at the proposed 100* setback from the 929.4 contour line. Lot 1 with the existing house* does not have 200* at the shoreline. The Orono Lake Use Committee has suggested that for "lakeshore lots** setbacks be measured at the shoreline and at the required lake setback line* but not at the street setback line. -r ► '.V' H'-, i- • . [■' t 'A r IP Zoning File #1693 October 16, 1991 Page 4 9.In general, the concept of a private road and cul-de- sac appears reasonable for this property. The location and topography near the existing house would not allow for a reasonable road connection to the adjacent property to the west, nor is such a connection needed. Staff Race datioB I. XI. lav Because this is a sketch plan, the Planning Commission should merely give applicants general direction and note any obvious concerns that should be addressed as follows: A.Conditional use permit/variance for wetland encroachments by roads and driveways. B.Requirement to construct private road with standard easements and covenants. C. Lot width variances. D.Revisions of lot lines to allow developable sites, especially Lot 2. or reasonably B.Verification of capability/expandability of dralnfield sites and adherence to 20* lot line setbacks. P.General advisory regarding the need for wetland easements. Note that the wetlands at the north end of Lot 1 and straddling the north end of Lots >2 and 3, likely will be subject to wetland easements although they do not appear on Orono's designated wetland maps. Regarding the variance to the moratorium, the Planning Cosmiission must make a recommendation to the Council whether or not the strict criteria for a moratorium variance are met, and whether granting a variance to the moratorium for this proposed rubdivision would be in the best interests of the City. (Note that your recommendation regarding the moratorium will be scheduled for the October 28 Council meeting so that the applicants receive a timely decision whether or not they can proceed with a full subdivision application). % ......... ^Tt OF 'OROMO - SXIBDIVISIOli APPLICATION *** FROPBRTT LOCATION jf 8it« Address /Sf5 — Property Identification Number (P.I.D.) - - Please check one - Property abstract or l^ttach legal description to application. ' I * ^iiaafr*^ 'SerT.-r* i)J -// 7-2J - VV ' aoa/ yOL - it 7'23 '3?^ oooj •COOff' ^OCtOg torrnns? mLiaan Name Phone (home) S. //j!a^S^/1 Phone (work) /f/S rr/^Cfr City; UJjy24f'f ------- r- . rt (if different than applicant)Phone (home) Name Phone (work) Address: —- (attach list if more than one) City:Zip: 8TXV6 LAND USB Number of Tax Parcels _ _ Development Size _ /S- jL tT. t cm OF _ f l/ywicf OFFICE Oi GEH \ < /■ ..i;. 29.SJi Acres Dry Land parcel,««* PP5;. P i Present Use (check)Residential: no. of units Other (specify),_ _ _ _ __ / Present Zoning Pistrictr nOPOSAL i'- r ■X Division for Tax Purposes Lot Line Rearrangement 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: r?oposed Use: (check) 2 ^r/fJ Units per //. ^ Acres Sq Peet Dry Buildable Land Residential Other (specify) j''’ r, »- ■ .j 1. 2. 3. 4. NJiTBRXAL NBCBSSART FOR C0MPL2TB PRBLIMXMARY APPLICATION Completed Application Form Preliminary Plat information on Certificate of Survey, Certified Property Owners List of owners within 350' {you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is eosq>lete. Soaing Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ 1. Payment of fees (par)c fees/ filing fee, sewer and water assessments). 2. Signed certific.'te of survey or mylar copies of formal plat. 3. Title opinion. 4. EasementSf Covenants, etc. \ S. Developers Agreement and Letter of Credit. fr' Certifioation by Zoning Department that Final Plat Application is complete, i; toning Official's Signature Date_ _ _ _ _ _ _ _ _ _ CITY OP ORONO - VARIANC2 APPLICATION Initial Application Fee $175.00 ($50.00 per sac.h additional variance; Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Pees (Double application fee) #1 iTi QQ^ fk PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) 03 ~/t7 - - ooo / j02^‘ V ^^oosAttach legal description to application if not included on required survey. ):r APPLXCRHT Name AL/ICAT £ Address: /^I5 Phone (home) y ^ 3 _ _ _ _Phone (work) w 3 ~ ^ citvt /<y,irZArA zip:_££Z2L — ^ c (if different than applicant)Phone (home) r Name Phone (work) 4.V Address:City:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land PtSSSRT OSB OP PROPERTY Present Zoning District Present Use of Property esidential r other (specify) lEST Estimated Construction Cost $ Describe request in detail: :L VRETITIW m r t Lot Area Lot Width Bardcove r SetbacJc Variances (Front Side Rear) Other yy 4 rfiif/*'f^ tf M-.. :S. BARDSHIP . ,Describe undue hardship or practical enforcement C th- ^1 4- • • ^ V- J ^ XZ J of zoning regulations: OBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compxiance with xoning Code Requirements: 2.50' (you must obtain T A-603 Govt Center 3. 4. required submittals 1. Completed Application Form Certified Property Owners List of owners wit* this list from Hennepin County Department of : 348-3271). . , Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) hardcover calculations as required (provide one (1) copy reproduction). , .- w Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i«"xll ). Sketches or plans of floor & elevation views (provide 1 copy £ il ). As an addendum to this application, please attach a separate list o any other persons you wish notified of this application. Additional*items as may be requested by City staff. to include 8>j’*xll" for 5. 6. 7. 8. The Aoolicart and Property Owner must sign this application. Please rowabar that v°nr wlaiica application Is not eoia»l«te if the aboae ^ligag—tion haa not been included. RPRUCAMT'S SI6HATDRB . . The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay adaitional fees (staff suppliid s true and correct to the best o^his/her knowledge. Applicant's signature - - - CHHBS SI6HATURB and verification of this request. Oimer's Office of this change prior to the meeting. I" v.v:mm MU nnt/nMICH Ml MCYtCPIN COUNTY MOKKTY DmWUTlflN SYSTEM PMMIITV OMCRS ilST TAMAVn M M*U7*tS It OOOt •Utt rOM ST KATMUM S TIAII3E KATHAMM S TCASSE NAvtATA Ml snn M tS-lIT'tS SS OMt MAAS PON ST TAMMVn MMI/ABM 0 A LYNDA N CAPS IMS PON ST MYCATA Ml BSSYl TAMDAYUI MMI/AOM M-X17-CS SS OOOS AODMSS tSIASSXONiD AIMHT i NANMD AUMHT 0 NANHA • SAM SM CtNriN BSAOt SS #S-Il7-tS AS OOOA •lAtO PON ST TM MKCPXILO OMNO PINSSHP TNI NMlIPXtLO OMMO PTNNSNP C/0 MMiSr J TNBXLER P 0 SON fSM SEPT tS NPU Ml BSAAS TANPAWtS lS-117*tS 11 OMl AOOSESS IMASSIONED SUAS N AZNASX SUSS N AZNASX 17AS PON ST NAYZATA Ml SSS91 SCPOST NO. PZASBAOl PASO 1SS OZ-117-2S S2 OMS OIBAO FOK ST J A NOUN A J A NOLAN JOIM A NOLAN A JOAN A NOLAN 15A0 FON ST NAYZATA Ml 55391 SS OZ-117-ZS SS 0001 01AS5 FOK ST AICHAM N PESKXNS RICHASO N PERKINS r,05 FOK ST NAYZATA Ml 5SS91 SS 0Z-117<Z3 SS OOOS OOOSO AOORESS tSIASSIfiNEO ALBERT D HANSER ALSERT 0 HANSER SAOO IDS CENTER MPLS Ml 55402 SS 02-117-ZS SS OOOA OOOSS AOORESS UNASSXONEO ALBERT 0 HANSER ALBERT 0 HANSER SAOO IDS CENTER MPLS Ml S5A02 SB 02>117>2S S3 0010 OIAIO SHORELINE DR A HARRISON AIL HARRISON ALFRED A IN6RI0 L HARRISON lAlO SHORELINE OR NAYZATA HN «'’>S9l SS 0S>117-2S 41 OOOS 01700 FOX ST CRAIGBANI ASSOCIATES CRA1G8ANR ASSOCIATES PO 9S00 DEPT 20 MPLb ... 55AA0 M 0S-117-2S M 01M5 FOK ST SALLY 0 HANSER SALLY 0 HANSER IMS FOK ST NAYZATA m 55391 0001 56 05^117-El M OME 01745 FOK ST SUAO N AZHARX SIA&D H AZNARX 1745 FGN ST NAYZATA m 55591 56 11-117*E5 2E OMS 0M56 ADDRESS UNASSIGNED 6URLXNGT0N NORTHERN RY 6URLXNGT0N NORTI^RN RY TOTAL 6ATCN MX M014 : ft r - f r! I OROMANCE NO. SB. 2nd S«iMAN ORDtMNCE ESTABLBHMG AN NTERM MORATORIUM ON THE QRANTMG OF LAND SUBDIVISIONS THAT HAVE NOT RECEIVED PRELMMARY - APPROVAL FROM THE CITY: . THE Cmr OF ORONO ORDAINS: Thd Municipal ol Itw CiN It amandad by addtoiB Ordinanoa No olOrono ftZ:2nd SECTION yfinTByOy pound. Indt tuS&lallwSltffadiin l,00il lMt of lakat MbuiHldo wHhin tfw Ciiy Imitt. Tha City it in Pia pfoeatiL of tudying and pfaparing comptahantNa amandmam of Ha ahoralina lagdaiona. Tha CHy Cound Indt dial dMia it an oaonahalitiing prababiN^ that ahoralina ragulationt wW naad to ba updated and tadaod. Tha City Cound alto (Indt dial tuch amandmanto cannot ba aoeompliahad until Itjrthar atudy hat batn compatad and a haarimhald Sneo anactmont of tuch amandmantt undoubltdiy modify aiicting ragulaiiont Mifiinn iubdMtiDn it land, tfis fimf iilnn ppICMOM AffinQ Ms inivinfi psriod wouM aonetmingaul efagdkMMnt ttandard amandmantt and convary to thaaiy to tna putpota of dia nning anabNng acL binnaaota BMdma dSdMt. at aaa. Tha City Council todtar Indt dwt h would baunwiaa, impopar.unwiaa. impopar, ID alow indhadual daaalopmant to dda MUdy period and would allow W dw doirimant of dta andra City. Tharalbra, jha^Q^^^Coundl (Indt it nacattary and to adopt an Iniarim Ordinanca purtuant to Mtonaaoia Statutat 462.355. SM4. V SECTION 2. BittdfiliBQI— abaaRf hattojacahtod praiwiinay approval and far a aubdNWon appicadon of a ptoparty govamadbyaaatoamantagraamantbataaan ito Cidaa of Long L^ and Orano. ahall batrsJi; jsr jsnsiii.rti s: IOrdHwneaand many aubaaauantappicadent. • .iECTlON a. ^atrleWd'arM Tha portion of tha City , of Orono that than ba aufefact to dw mawedona of tNt Ordtoanca it al tha land eofitainad within tha araa I •-AM’propariiaa wHhin tha City of Orono iooatod trahin 14100 foot of dw OrdHwry High Oiciioyal Lotto Lai UMrtLalw liDonsy * *.*, • I *.» * -I--'* .r * a . w ■ » - HodlayLalw Tanogar Lah FtandiLaiw ForattLalia » . a • . • • •«Lata Minnatonka and astociatad bays and All propartiat widiin tha City of Orono loeaiad wnNn 300 faat or iha flood plain of ifw following irtoutariat: . r . ' ^ Paintart Craait (Saciiont 30, 31 T118N R23W) ' - ^tubbt Bay Craak* (Sactions 32, 33 T118N R23W and Sactiont 4, $ T117N R23W) Didiay Laka Craak* (Sacifoni 27. 34 TllONRaiM' * iflfoltMdiHply Name Craak* (Sa^ 2e.27.38Tl10N fC3^ • - • Long Laka Cmak (Sactiont 34 35 T118N R23WandSacdont3.10T117N R23W) • - • TomatLalw Craak* (Sactiont 6.7 T17N R23Wn ..... - ^ ACTION 4. QuattML Thit orcBnanoa than ba aflactva lor a period of one year, uniatt dw City Council datarminat that it it no tongar raquirad bacauaa dw raquiciw ttudiaa appfopriato evaluation and action, including any nacattary raviaiont ol dw Zoning Coda, have bean linalizad..Tha duration of thit Ordinanea mty ba anandad by adoption of a tubtaquant ordinanea. for a total adrfi'.ional period of anhwan mondw. . - SECTION S.>todtolGMi.Tha City Council may oiam a variance to dw Ortdnanoa if tha Oty Cound (Indt afwr oatafoi raviaw of all the facta that a proposal it not ooneary to tha inwnt of the Comprahantiaa Plan, dwt it is oompadMa widi dw zoning and official control amandmantt being oonttdarad by dw City, that it promotot dw haaldi, safaty. and walfara of dw ddzant. and that a failure to grant a variance would eraaw a hardship for tha ipplieviL SECTION 6. SigBOttUlLEwry taction, provision, or part of this Orrkiwioa is dadarad sapaiabiatromavaryodwr saeton, provision, or port and. if any saeden. provision, or pan thereof or aedon taken haraundar shall ba held invalid, it than not affect arry other S^TION 7. gflaetiwa D«t» Thi. Ordinance is affoedva upon adoption by the CityCoundL Adoptod by dw City Coundi of tha City of Orono on dw 26ih day of August IWI. Of a vow of 4 ayes sndO nays. . ATTEST Dorothy M. Haliin. City Clark BarbaraA. Paterson, Mayor ESOTA)STAIEOFMI y COUNTY OF HENNEPIN^ Tha foregoing instrument was irara macknowladgad barera ma on thit day August 1091 by Barbara A. Patsrs on and Oerodw M. H^. Jyfoyar 6 City Clark of tha CHy of Orono, a Mimaaoto municipal corporation and said insdurtwntwas oxacuiad on behalf of tha City. Notary Public (Publishad in The Laker and Pionaar Sept. 2. 1091) Afffdav state of Minnesota pi'! Holm, being dul; an authorized agent of the newspaper kn nesota, and has full I stated below: A.) The newspaper f ments constituting newspaper, as pre 331A.02. 331A.07. amended. B.) The printed. mi, which is attached w. newspaper, and w| week for____ It was first publis the ^ day c and was thereaft* Monday, to and ir the day c Subscribed and swo. W day of_ ciA OIOtENSi. ITT L:„. , i. V ff, ■ft'-'- 1'^ c k. ■i' ■C- :,l’ '}■' ^1 \ \ \v 1 y - ? L \ / / \ / ( // \ \ / /'N X y »^ V ' '-V ^ r / A'-. X •s ^ V X \ \ .: \ \ \\ \ V \ \\X S ^ I .• \ r'^ \ sv ^P''' J jpt' A t ^ A/ / >NV A \/ / ui '' ■? 7^ * \ 1/ -- \S!® \ •I- - N'. V I ^ J» t "X.s \ J./ It X - |; lr '. / -'l‘A. »':i!:A2?V -"«'•*»■»■ ■ p- t' f.r ■• 'X 'K II !*• I' I I-l^ fc Tos Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Moorse Frosis Jeanne A. Mabusth, Building 6 Zoning Oates October 15, 1991 Subjects #1694 Douglas Merz, 3195 Watertown Variance - Public Hearing Pertinent Ordinance 7 <9 % Section 10.28, Subdivision 5 (B) - Slde/street setback variance required for proposed addition to rear of existing residence. Required “ 50* Proposed - 1* [Addition to be extended along existing substandard setback line] Setback to paved portion of Leaf St. * 21* Variance - 49* or 98% Section 10.3, Subdivision 14 (C) - Lot coverage. Total lot area “ + or - 47,349 s.f. or 1.08 acres Allowed lot coverage • 7,102 s.f. or 15% Proposed * 1,968 s.f. or 4.15% No variance required List of Bxhiblts Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit 6 Exhibit B Exhibit I Application Property Owners List Plat Map Survey Footprint/First Floor Septic Report Staff Sketch 1>2 First and Second Floor Plans Bast Elevation Description of Request In July of 1988, applicant was granted side street setback variance for decks installed along north and east side of residence. Applicant now proposes a two story addition to the rear or south side of the existing residence. A 16'x24* addition will be placed no closer to the right-of-way of Leaf Street than existing residence located 1* froai west side lot line. The paved portion of Leaf Street is located approximately 21* from structure. Review Exhibits H, 1 and 2, The proposed two story addition will provide a family room and entrance hall on the first floor and a master bedroom addition on the second floor. I. I t' I :V r ‘i' i b. V k •P" V • ': Zoning Pile #1694 October 15, 1991 Page 2 The current septic system has been designed to maintain a three bedroom hosie. Former bedroom on main floor must be altered to prevent a fourth bedroom use. Applicant *^roposes alteration of existing door to the room proposed now as a den and has suggested a cased opening. In further consideration by staff, we would recommend an arched entrance way as it is the desire of the applicant to facilitate access to the newly defined den and bathroom along west side of the residence from living room. The doors of the detached garage are located on the west side. The turnaround or backout area prevent expansion to the east side of structure. Applicant also notes interior layout of existing house and the impact on exterior design of house. Description of Hardships Review Exhibit A, Applicant's Hardship Statement. In discussions with applicant, applicant has noted other hardships such as layout of existing residence, location of doors on detached garage requiring room for turnaround prevents placing addition further to east side. There is no impact on existing septic as residence will be maintained at three bedroom level. No other variances are required as a result of this improvement. Please note any recommendation for approval must include the condition that requires the structural modification of the access door to the proposed den area from the living room on the first floor. Its and Planning Commission Re ndationAdditional The Planning Commission unanimously approved the proposed street ••tback variance for the 16'x23' addition to the rear of the existing house and accepted the hardships noted by applicant. The enclosed resolution has been drafted per the Planning Commission's approval recoBBMndation that includes staff's recommended condition that would require the structural modification of the access door to the proposed den as noted above. 'it I J ii'w 4. f'^r . & f- f I r [ [;r: r. !■ Ff |.„ A RB80L0TI0H GRANTIHG A VARIAMCB TO MONICIFAL B0HIM6 CODE SBCTIOM 10.2S, SUBDIVISION 5 (B) PILE #1694 NBBBBAS» Douglas Merz (hereinafter "the applicant”) is the owner of the property located at 3195 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Auditor's Subdivision No. 230, Hennepin County, Minnesota (hereinafter "the property”); and NHBltBASf the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 16*x23' addition to the rear or the south side of the existing residence now located 1' off the street side or east lot line. The addition will extend no closer to the street lot line than the existing residence. The improvement will require approval of a street setback variance of 49* or 98%. Minnesota t MOW, THBBBPORB, BE IT RESOLVED by the City Council of Orono, FIMDIR6S 1. 2. This application was reviewed as Zoning File #1694. The property is located in the RR-lB Single Family Rural Residential Zoning District requiring 2 acres in area. The property consists of approximately 47,349 s.f. or 1.08 acres. 3.The Orono Planning Commissicn reviewed this application, on October 21, 1991 and recommended approval of the variance as proposed based upon the following findings: a) The house was built at current 1* setback prior to current zoning standards. b) The interior layout of existing residence would prevent addition being placed to east side of residence. Page 1 of 5 > ■ I*- I 4. 5. Location of doors on detached garage requiring room foz turnaround prevents placing addition along east side. No other variances are required as a result of this improvement . The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property? would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty? is necessary to preserve a substantial property right of the applicant? and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendation 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. COMCLUSIOM8, ORI 0 H *AMD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 18 x23 addition to the rear or south side of the existing residence located at 3195 Watertown Road, subject to the following conditions: 1.Applicant to include structural modification of entrance to former first floor bedroom to be converted to den with building plans for new construction. The structural modification shall consist of the conversion of the standard door entrance to an arched entrance. Page 2 of 5 li F’-'hr ’iM 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 year of the date of Council approval, or this variance will expire on that date (October 28, 1992). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title or the property. Page 3 of 5 V-:.' t? ’'f-K''- »*. ■ 5-> I: 4^r‘ Kp' Irb'f-:V,I Adopted by the Orono City Council on this 28th day of October* 1991. ATTESTI Dorothy M. Ballin* city clerk Barbara A. Peterson, Mayor Property Oimerle) STATE OF MINNESOTA ) )SB . COUNTY OP HENNEPIN ) The foregoing instrument w/as acknowledged before me on this 28th dey of October, 1991, by Barbara A. Peterson & Dorothy M. Rallln, Mayor a City Clerk of the City of Orono, a Minnesota municipal corporation and eald instrument was executed on behalf of the City. Notary Public Page 4 of 5 I V: I l- i OF OROMO ” V31RIANCE APPLICATION Al<^ JL/L *1 Initial Application Fee S175.00 /v B ($50.00 per each additional variance)^ y mJ im* Renewal Variance Fee $100.00 (no change from original appxxcation) j^ter<-the*Fact Fees (Double appl- -ation fee) 94 n ary qt dw ia V FIM%£ OFFICEcom 01 QEH 175,00 CHECK TL 175.00 RECEJPT-THm YOU ii224770 Cl^ fcOl UUl I ?.>r Rf,n^ / U l<e Property identification Number (P.I.D.) ^ AttSch legal description to application if not included on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROPERTY LOCATION Site Address APPLICANT Name Phone (home) _ Phone (work) Address (if different than Name Phene (home) Phone (work) Address:City;Zip: Date Property Acquired (month/year) I (do) (do not) also own the ai^w.ent parcels of land./- IT USB (NP FROPBRTT Present Zoning District Present Use of Property Am^'M {rRIS Residential Other (specify) DBSCSXPTION OF RBQUBST Estimated Construction Cost $ 9 » Lot Area Ifm Setback Variances ( Other -ot Width Front Hardcover V^Side _____ Rear) lARDSHirDet-.cribe undue hardihip or practical difficulty resulting. ing compliance with Zoning S^^TTTALS Comp sc* Application Form Cert* sd Property Owners List of owners within 150' (you must obtain 3. 4. S. €. 7. 8. this x<st from Hennepin County Lepartment of Finance A-'fi03 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 rc/ide one (1) copy 8*j"xll" for reproduction). Topographic surv"ey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J;"xll"). Sketches or plans of floor & elevation views (provide 1 copy 8Jj"xll"). As an addlendum to this appl.cationf please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above hag act been included. bFFLZCAMT*S SIGNATORE The applicant hereby agrees to pr.vide all informacion required or requested by the Zoning Administrator agrees to pay additional fees (.‘ aff time not covered by original f payment) and/or consultant expenses incurred in review of this application« and certifies that th-^ information ■applied is true and correct to the best of his/her Icnowledgt. Applicant's Sigr..'uture Date ^ / / / mmn sigmatorb The owner hereby ackowledges and agrees to this application and further euthorises reesoiable entry onco che property by City staffs consults~ts» ■gents* Commission membersr an ' Counc5.1 members for purposes of in'Wistiga- tion and verificaticn/«f this request* Ownar n^r thxs request /ym all suiraittals into th(.l^licant must have all submittals into ^he City offices 25 days Tlanning Commission Meeting. Planning Commission Meetings are held on the third Monday of each montn. Applicants must be present at all scheduled res lew meetlnje of the Planning COHlsei and Connell. If an applicant is vneble to attend a 8che<*v.lc-:; meeting* p..ase make arrangements to have an ■nthorised agent attend -'n vour place and to advise the Building & Zoning Office of this change p.. jr to the meeting. k Mlf M/lS/91 Miai Wk -..V f . *• 'I HEMCPZN COUNTY MOKRTY INFOtmATION SYSTEN MOKRTY OMC S UST RCNRT NO. n«SSMl RMC IS TMCRAVtR NIMi/ABM SO '00>U7-tS tt OOOS OSSfl NRTtRTIMI RO 0 I mm A 0 r hirz OOUOUO E A DXANE F HERE SlAt NATERTOMI RO LONO LAKE IM SOSBA SO 0«-U7>» tt 0004 00060 LEAF ST SHXRLEY NALL SNIRLEY A HALL 00 LEAF ST LONO LAKE tfl 5SS54 SO 04>ll7>tS EE 0007 OOOE5 CVONET FL JOSEPH S I Ara L FISCHER JOSEPH S A ANX L FISCHER E5 CYONET PLACE LONO LAKE 104 S5S54 TANPMTER SO 04*1X7*CS EE 0000 000*0 CYONET PL OlAME L KOEPKE ilAM L KOCPU *0 CVOMT PLACE LOW LARS Ml BOSS* SO 04-1I7-ES tt 0009 00005 CYONET PL 6 J ENALT ETAL OTEOORY J EHALT 105 CYONET PLACE LONO LAKE Ml 55S5* SO 05-117-ES II 0001 0SE45 NATERTOMI RD C A A RHONE CARL P RHANE JE4S NATERTOMI ROAD LONO LAKE Ml S5SS* TANMYSR oo-ur-ts 11 0005 LEAF OT E C r-:.>«AN JR ETAL S C A^bllAN JR 95 LEAF ST LONO LAKE Ml 5SS5* SO SE-110>2S 44 OOlS OSE; 4ATERT0MI RO N H«' SON A R t HENDERSON mLL A ROSLYN L HENDERSON ISO NXLOHURST RO TOMIA SAY Ml S5SS1 SO SS-llO-ES SE 0001 0S140 NAnRTOMI RO DORSET DEVELOPNENT XNC KXNBSORXDOC PROPEOnES XNC SIES FOK ST LONO LAKE Ml S5S5* • • TANPAYSR IMME/AODR TOTAL BATCH X CERTIFY THAT THC FACTS REPK REPRESENTATION OF XNFORHAT OF THE HEMCPXN COUNTY OF NY KNONLEOOE AND BELIEF OE «NT iir , /Mm/. no AflE AN ACCUiUn AND IHUE IT APPEARS THIS DATE ON THE RECORDS OP PROPERTY TANATIGN. TO HIE REST A 1.-:L- - «^ •# I*.Ik *•>jk*.» • ;,td b r • p-M'f*'"p I •\ %i. '??- • ’4 4e;i/ • « i .• • • • «* • • • ’^ liO • / •'/Lor^t^ /h)d,"Sub'.'y\fo. Z30 \T)<rA •^.f«|kV| ^ |S» •• »• 1 ♦a^4I 1 % <• v: i:;- ■• . I « •A «/!• »*f -*• • •• •• •• v-w|\» ^ I V ;• • |f: ^ ' • •> I httx$^ Uhti/if Vmf fA/s A 9 cohic€l o/9 s^t^, 4 /I4>. 2^^ OVy c/ 0t9ncj ,^S S9t9CiftJ 9hJ%l^'tnif Supt4-UiSi%u TAc X7^A ‘ •/ fihtusttf Ti?^. • - . * • * • '. C' - • ^ .■jfS-, • v; > • ' Sl^sU /^# It:vli 9 V.-' ••Koch s SosI TestingP.O. Box 01 Loretto MN 55357 Tel; icl2'479-2637 Uoua *^rtx V>t#rt''vri ic'i, t rono, I’inn. Job Jite; 3195 U^tcrtown kd., or* n , Minn, freriour porcoJ.^*tir>n test soil borims v.^rc in :Jept. 1988 nt tlie #bove lot, the everr«7«. tion rate 4f,5 min/in. Jrry *?oila were encounter at 3 ft.- 4 ft., rvon tl.o tl.. soils rmrtc«j v i th «rM ( e visibly tizzinq action occurcri ) the CiLv inspector ( Mr. Mike pffron Idetermire that this ‘as th.* mottled roil level, • »Jcte raottl.d roil is considor thr hiuh r.*?.'»3on*'I water tahU* and is an indicator oi saturated soil coriuitions. The Oity of trono icquiics that, t hr minninum depth to niottiled soil be • 2i before a standard dramfield can be inslallcd, therofo. with the obove inroxniation a pressurized mound sysren is needed, yre size of mound needed for a 3 bedroom home ( based on 45i aal/dey dally water usea'ie J would be b9 ft. Iona by 3 '.5 ft. wide ( 25t*8 aa ft oce the enclosed -^ound design data tor the specifications for the proposed fltound# be pressvrized , theiiforo a pumntanlc ( UtO gal, ) and !..r? U g.P.n.- pumnna rate- 14L qal/cycle - 4 cycles/d^y ) must be installed. A- alarm syst^*m ( b^th a sound ard n lioht alarm ) must be.installed . in the house to indicate pump failure, shouldbe chcc.ed out by the local msnoctor to nako sure it meets the spccilicat 1;^ hept off the t'ronosed mound area to avoid ccnirv*/'!ion ower? nnnim the site. This site should be roped off by the I \ ^^te Lvaluator Robert A. iCoch L' Of atbr^ /** aih! WfS*0*Ma*M^oei #A/ /p»j-7-e«SI I.A SI- mi* ■■ n fS- >t' * I'fi 1^ I- f.r 5.^ I S- ' ^:- • s'> t L’ Is la f>.. r •Uii^liOUHtf aiSttfH inSXOR$t ^ ▼ \ • A 8*irag« Flow Rate (baaed on ifeblo ti Mlnnoaoie Rulae« Fort 7oQO) iyp« __ ^ Houao 3 DR S^5o gpd ,ri\ioQi<0 co/>»'- ♦ Soptio Tonic VoittM /OCX i ^ 0 8oU Charoiorlotieat 1 IMpUi to high foaaonal sotw of ealuratlon level Holtlod soil level Inchoo ■ Avorifo l^reolatlon Rato <3 3 .Soli elilng feetor nln/lneh Deelgn range - V O' nln/lneh Ot *3 an» ft,/ gpd / 3a/* C^«.i<,?Xk \ Land Slopo Rook 'Layer ( Treatment Area) tHmenelon ’ ^5o iili/dv I o.«3 «i ft / t»i . ■ M. ft. 0 »f trt«ta»nt VM ♦ lu s - “V-/0 Wt. rt. ■4trt* wide X ft« long 3 Rock Volunt neododi ft* treatment area X ft* depth of rook .• X I*li • 3 Ton Zt \0^(j f AV . • A Ureroli Itinenaiona bf Hound t rt« vidtt __n* r ft* Hock width 70 ft* /7. 2 long Rpqic length • /ft. M aoM unftB 4i 3 Tot«t i«m irt* _ (g9 It. 1 37.^' ft. . .03 w. n. * ^ '^.r ■ ■ >■ iir>i I I ■ I Mill I ~ rM*«* .*•C«>/ »■; 0 Jl. « • Mmmt of itatorial Haododi 1 Sand I ^ ft thxek; 13<^ o«. jd*. ISS 2 Koek 1 ft> thick; JL , yds* .oSLi-J*®" “ 3 ‘ SMdy Low 0 ft. thick; -cc* ydo. Ii *. Toi^soU ^6" thick; ____««• y^9. ^ • np^lnC Tank Capacity t * 1 )otfd> cal tank U; .iwplnf rata Wd gaaictia / eyala alih at leant U ey«iaa/d»yO / C/VAV Witmo ww ^ --------- w thia anoiudaa aralnbacK oaietaaii< • _ _ Ibj Raaorro eapaolty Cd^O gal lae» oneloaod daalin; 1 k nr igai/mln; pm {c^ii Install an Alam I'TsUiit Ir. the houea to Indieato pio^ faliura Instaiif hath a sound and a light alarm* mrferatad ULstnhttcion lips \ lAamotar ^ n 2 in unsa ft.TcAfl ( ^c^)\ ^veft = 3^^ J 3 ^/t/ " parforatad holas apace at 3(q " apart* Sotbackai Tanks ^ from property line from wall M ^ Treatment Area: lVo!i loks ftoa att*o»u !• rroit * ropsrty Xih» ^ from well- irom bu3.1<f?.ncs t jo _ tnm trass. I'-.1 :fe-' fc-: = ■i^- r #'.t* i- JK- I'..u tv.?v- if- f;-: if? ’f"--k R:-wE t f f r & • I . A . I I!. . N**'» TI'll':I tI 1 I •I I• I\ iI t /N Mo' t i i i > I i •« • i. ■;:■] ll- i 1 #J I ^ f % ikr‘4 rvr ,4^%v;-,^ ^. £^A*elOaTIFIGATlOH OF PREMISES RgQOUEDi^uoii'vid Adtf'frci OfsoUyid. JPlwr' V VinW* A» ^ l«®bli ffpm Tht /'* rS4 >c r 1. .\\ -- r A «Nn» < *. » • * * \ \ ,\ l’ • • ..4^1*'-" I I.7^/w— / . <t/ ♦ * fj-. p--r-'rt.UpsfAllL& lOitM 51!; Zuz o»- um < O 2 O Puw •I fl« 0 2u n c 0z Lic ♦- 'JO fU « i-). I I t o a CO ° < 3 P <+3 13 O W O 0) rf O <4* ^ P 3 o pa ^0/, TOi Mayor Feterson and Orono City Council Ron Moorse, City Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Umtmt Subjects October 24, 1991 #1695 Thomas t Alice Stuck/John Bauer - 4345/4365 North Shore Drive - Subdivision of a Lot Line Rearrangement Variance to Moratorium - Request for List of Szhlbite Exhibit A Exhibit B Exhibit C Notice of Planning Commission Action 10/24/91 Memo & Exhibits of 10/17/91 Resolution #3017 Dlecaseion Please review the memo and exhibits of October 17, Briefly» the applicants request a moratorium variance, and subsequent approval of a subdivision of a lot line rearrangement. Further, the applicants request a minor revision in the conditions of their previous hardcover variance approval, Resolution #3017, During the variance process, applicants were unable to obtain additional land from the neighboring property owner as had been suggested by Planning Commission and Council* After the variance approval, applicants were able to come to an agreement with the neighbor John Bauer regarding a lot line rearrangement to increase Stack's 250-500' acreage without adversely affecting the Bauer property* This reduces Stuck's 250-500' hardcover percentage* The Stuck's garage will now meet the necessary 10' setback from the side lot line. The Bauer garage will remain at a 10* setback* In conjunction with the lot line rearrang«nent, the Stuck's j^equest a revision to Resolution #3017, to allow construction of the ISO s*f« of deck that was originally omitted from their variance approval in order to yield no increase in the hardcover percentage* Note that with this proposal, the actual square footage of hardcover will increase by 180 s*f*, but the 250-500' zone hardcover percentage will drop from 66.2% to 58%. t- Zoning File #1695 October 24, 1991 Page 2 Planning Conniasion ReconendatiOT Planning Commission reviewed this multiple request at their October 21 meeting and recommended as follows: 1.Planning Commission voted 5 to 0 to recommend approval of a variance to the subdivision moratorium, finding that the lot line rearrangement creates no new lots, that the unique characteristics of the proposal are in keeping with the intent of the Comprehensive Plan by making an existing developed lot more conforming, that the proposal is compatible with the Shoreland Regulations under consideration, and that the proposal is in keeping with the Planning Commission's informal recommendation to the applicants during their recent variance request. 2.Planning Commission voted 6 to 0 to recommend approval of the lot line rearrangement as proposed and to allow the extra 180 s.f. of hardcover for the proposed deck, resulting in a net decrease in hardcover percentage from 66.2% to 58.0% in the 250-500* zone. Staff Bern—endstion Staff has not drafted resolutions for any facet of this request pending Council direction. Council should review the four specific findings that must be made in order to grant a variance to the moratorium (see memo of 10/17/91). If Council conceptually approves a variance to the moratorium, then you may wish to consider the merits of the subdivision/request for variance revision. If Council agrees with the Planning Commission recommendation, a motion to grant conceptual approval would be appropriate. Staff would then draft the appropriate resolutions for your November 12 meeting. lev CITt OP OROHO P. O. Box 66 Ccystxl Bay, 473-7357 ZONIHG FILE #1695 MM 55323 NOTICE OF PLMfNING COMMISSION ACTION Date of Notice: October 24, 1991 TOt Thomas ( Alice Stuck 4365 North Shore Drive Mound, MM 55364 COPIES TO John Bauer 4345 North Shore Drive Mound, MN 55364 Dick Benson 16211 Ice Circle Drive Wayzata, MN 55391 TYPE OP APFLICATIOH: Variance - Moratorium Subdivision - Lot Line Rearrangement Variance - Hardcover Revision ORtB OP !TlM6s 10/21/91 M0R8 AMD SPECIAL CONDITIONS: Planning Commission voted 5-0 to recommend approval of a variance to the subdivision moratorium, finding that this lot line raarrangamant creates no new lots, that the unique characteristics of tho proposal are in keeping with the intent of the Comprehensive Plan by making an existing developed lot more conforming, that the proposal is compatible with the Shoreland Regulations under consideration, and that the proposal is in keeping with the Planning Commission's informs 1 recommendation to the applicants during their recent variance request. Planning Commission voted 6-0 to recommend approval of the lot line rearrangement as proposed, and to allow the extra 180 s.f. of hardcover for the proposed deck, resulting in a net decrease in hardcover percentage from 66.2% to 58.0% in the 250-500 ’ zone. Applicant's next scheduled meeting is confirmed as: City Council Monday, October 28, 1991; meeting starts at 7:00 p.m. l£ 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. Tos Froas Dtttat Subjects Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Moorse 4 Michael P. Gaffron# Asst. Planning & Zoning Administrator October 17, 1991 #1695, Thomas and Alice Stuck/John Bauer, 4345/4365 North Shore Drive - Subdivision of a Lot Line Rearrangement - Request for Variance to Moratorium -• Public Hearing Soiling District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for subdivision of a lot line rearrangement to increase the size of the Stuck property and place existing garage within property boundaries. List of Bxhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Subdivision Application Moratorium Variance Application Plat Map Property Owners List Survey Moratorium Ordinance Discnssion Mr. and Mrs. Stuck recently were approved for hardcover and side setback variances for an addition to their existing residence. That variance limited them to the pre-existing percentage/square footage of hardcover in the 250-500* setback zone. Because of this, applicants were not able to do quite as extensive an addition as they wished. During the discussions with Planning Commission and Council, the question came up as to whether additional land could be purchased to increase the size • f the property. At the time of the variance application, that was not feasible, but they now have arranged with the adjacent property o%mer to acquire additional land. The additional acreage would presumably accomplish two goals of the applicants: 1. Place the entire detached garage within their property boundaries, creating a 10' setback for that garage from the lot line while leaving a 10* setback from the lot line to the neighbor's garage. 2. Increase the area of their 250-500' zone such that they can construct their entire proposed additions without exceeding the pre-existing hardcover percentage. Rf-' -A. •J,. V'. r : Zoning File #1695 October 17, 1991 Page 2 In order to accomplish their second goal, applicants technically also are requesting a revision of the previous variance approval to allow an additional increment of square footage for their addition, although the percentage of hardcover in the 250-500' zone actually decreases due to the gain in lot area. Applicant's original proposal was for 5668 s.f. (68.4%) hardcover. They were limited to the pre-existing 5488 s.f. (66.2%). With the added lot area and accounting for existing driveway and the 160 s.f. portion of the proposed declc addition which they again wish to have approved, the proposed final hardcover is 5794 s.f. or 58.0% of the new 9995 s.f. 75-250' zone. Variance to Moratoriua By definition, this lot line rearrangement is a subdivision and technically requires a variance to the subdivision moratorium in order to proceed. The moratorium ordinance in Section 5 states that the City Council may grant a variance to the moratorium if a number of conditions are met: 1. Proposal must not be contrary to the intent of the Comprehensive Plan. The proposal must be compatible with the zoning and official control amendments being considered by the City. The proposal must promote the health, safety and welfare of the citizens. The failure to grant a variance would create a hardship for the applicant. 2. 3. 4. Unlike a subdivision to create new lots which would potentially be subdivided under one set of regulations and then be subject to different regulations at the time they are built on, this lot line rearrangement Involves two developed properties. Regardless of what ordinances are adopted through the Shore land Regulation review process, these two residences will still be here in a pre-existing developed state. The Shore land Regulations proposed will not alter the issue of a side setback, and while hardcover regulations may change, the lot line rearrangement only makes the hardcover situation better for the Stuck property and has little or no effect on the Bauer property. The Stuck property will become more conforming in lot width and area than it is today. The Bauer property will still meet the 140' width-1 acre area standards for the LR-IB zone. It would seem that there may be no purpose served by denying a variance to the Bioratorium. I-h ■ 1^-' ?■ p'- 'r I Zoning File #1695 October 17, 1991 Page 3 RoccMHnndation Options The Planning Commission should consider the following options: 1. 2. Recommend approval of the moratorium variance, approval of the lot line rearrangement, and approval of a revision to the previous variance approval allowing the extra 180 s*f« of deck to be constructed, resulting in a 250-500' hardcover decrease from 66.2% to 58.0%. Recommend approval of moratorium variance and lot line rearrangment, table/modify/deny request for additional 180 s.f. of hardcover. 3. Recommend denial of moratorium variance. 4. Table for additional information (specify). 5. Other. V fl) 'l/A^ V f . /s, y • <• '■’■AS'-' * *•. * i?’. 5'P eC> WAS tf»«r ^ t. 'A- ■< &*•••y • /an OP OB#NO - juudi Wsioh ^Stlication L^TIOH H~3~HS'’70^^ hi-truL^lOn,. U3!‘i>»0i 7/7 33 ‘P,j?°S^0>iO «lt» Address_i^ifc£_n£L£±i---M--------------------------------"'''‘■^Xrfcv { . „ K ____. cisck'':..T. - '!»Property identification Nunne PBOPERTY flMte check one - Property abstract or j^ttaeh legal description to application. r (P. I. D.) cn-tn-'i^ -■^j-Qg \'? torrens?cool JkPPLZCMiT MameTAflrtias 4. fli/uc^ ir Phone VS *V-S ---- Phone fwS5$») V*7 *7 r'....-------City: n<?Ol^O ------------------------------------------------ (if different than applicant)Phone (home) Name Phone (work) Address t City:Zip: (attach list if more than one) STIMG LAND USB Number'Of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential? no. of units ,3^ Other (specify ___________ Present Zoning District ^ ^ IBOPOSAL XT Division for Tax Purposes Lot Lino Rearrangement Only (no new building sites) Subdivision for New Building Sites r Humber of Building Sites: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) kL MATERIAL MECSSSARY FOR COMPLETE PRSLIMIMARY APPLICATION Completed Application Form Preliminary Plat information on Certificate of Sajr^'fyJTX Certified Property Owners List of owners within^BSO' (yfou must obtain this list from Hennepin County Department of Fintfn«^-A<603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of sny other persons you wish notified of this application. Certification by Zoning Department ‘•hat Preliminary Plat Application is ooBplete. Zoning Official's Signature_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ ' 1. : 2. ' J- J: Payment of fees (park fees, filing fee, sewer and water assessments). Signed certificate of survey or mylar copies of formal plat. Title opinion. Basements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature_ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ Sketch Plan Review (Class I, II s III) Subdivision of a Lot Line Rearrangement Preliminary Review (class I & II Subdivision) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) *(Plus any legal or engineering charges) S150.00 250.00 300.00 + 20.00/Lot 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date Owner's Signature X J wU* 1 Date Applicant must have aTl submittals into the City offices 25 days before the Planning Commission Meeting. Planning Coimnission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an uuUhorised agent attend in your place and to advise the Building £ Zoning Office of this change prior to the meeting. CITY OP ORONO - VARIANCS APPLICATION 7 fJ?.> rt •%.? . -• ^ y-^ tl 7- jvj'/ Fee $100.00 (no change from original application) Aft!l^the-lacl: Pees (Double application fee) I pbopbrty location Site Afidress Y)ryttJi S /uMr t f) ^ required survey# ________________________________—-—~ " * Phone H7^-9iL{aJ.------ • , — L Phone fwork) -V5 Vo— Name H Vire !>SZc^------------------------------- _ ,/ __ _____________ Zip:_6_51ik^ Address: “ " (if different than applicant) ritv: A10<r7v^~i- Phone (home) Phone (work) :«ame Address:City:Z:.pi Date Property Acquired (month/year) I (do) (do not) also own t.he adjacent parcels of land. NT OSB OF FBOPERTY } O ^ I R Pj^esent Zoning District — peasant Use of Property Residential Other (specify) CSXPTION of bbqobst Describe request in detail: Estimated Construction Cost $, T 't Lot Area Lot Width Hardcover Setback Variances (_ other '/j C\ Front Side Rear) f).- aAXU)SHZPDescribe undue hardship cr pract:ical difficulty resulting rrtrr. strict enforcement of zoning r^^culations: r'n -tn.'t Jdtr h^- - — OBSCRIPTION OP DNUSDAL PROPERTi Describe unusual property conditions preventing compliance wi.h zoning Code Requirements__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—- - - - - - - - - - RSQUISED SUBMITTALS 1. Completed Application Form 2. 3. 4. 5. 6. 7. a. certified Pr^ty Owners List of owners within 150' (you 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 me u hardcover calculations as required (provide one (1) copy Sh-xll" for reproduction). , . - i.Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i-"xll ). Sketches or plans of floor & elevation views (provide 1 copy 8H xll ). As an addendum to this application, please attach a separate lis o any other persons you wish ; otified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this ^^^ve remember that vour variance applicatign is 4it#nrM^on haa not been included not incurred in rev? ew of this application, and certifies that the information supplied is tru and correct to the best of his/her knowledge. Applicant's Sigmuure Date 9 h 7/11 • ; I ^ ■ Th« owner hereby ackowledges and agrees to this application and aotberisae reaaoiMble entry onto the property by city staff, consultants, aguta, Coamiaaion nembers, and Council members for purposes of investiga- tion and verification of this request. __ _ _ _ _Date I_ __Oimer's Signature i^llcant Buat hmve all submittals !{Jf Planning Coassiaaion Masting. Planning Commission Meetings are ®" Sird Hinday of aach month. Applicant, moat review meetlngn of the Planning Coemission and Council. If *n app unable to attend a scheduled meeting, please make arrangements to ®^ . Il^orlred agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. ti:'* 1 % • / /' / / . . v«.»i.^.id mm MTt o«m/n MTCN Ml HEMCPIN COUNTY PROPERTY INFORtttTlON SYSTEM PROPERTY OtCRS LIST REPORT NO. PI4SS401 PAGE 1 mm AB6R IMC/AMR U 0V-U7-ES S4 006^ OAAiJ NORTH SHORE OR J A NIUER SEN MILLER JOHN A MILLER ELIZARETH N MILLER MES NORTH SHORE OR m S5SA4 IS 07'117-2S A2 0007 01S75 VINE PL DEM4IS D LANOON OEIMIS 0- LANOON 1S75 VINE PLACE HOUND m 553AA 56 07-117-25 A2 01575 VINE PL DErtMS 0 LANOON DE»taS 0 LANOON 1575 VINE PLACE MOUND m 5555* 0006 TAXPAYER NAME/AOOR 56 67>117-tl 42 0025 045M NORTH SHORE OR THEODORE 0 METZ 2 NIFE THEODORE 6 MARY J METZ ASM NORTH SHORE DRIVE «4 . 555*4 56 07-117-25 42 0024 04550 NORTH SHORE OR OSH STRELON D0U6LAS A MARLENE STRELON 4550 NO SNORE OR HOUND m 55564 56 07-117-25 42 0057 01560 VINE PL C&r<L 6 A 6AILENE J NOR EARL 6 A 6AILENE J NC 1560 VINE PL HOUND HN 555*4 CMCft mis TAK^AVCII MW/AOM M 07-ll7-tI A2 00S9 04S40 NORTH SHORE OR NARVXN E SElOOtO TOD H XXBOLO 4140 NORTH SHORE DR HOUND HN 55144 S8 07-117-23 42 0040 04300 r«)RTH SHORE DR HILLIAH T SCHOENING NILLIAH T SCHOENING 4360 NORTH SHORE OR HOUND m 55364 36 07-117-23 41 0017 04415 NORTH SNORE OR S N SETTCRLUNO ETAL HRS FRANCES 0 SETTERLUNO 4415 NORTH SHORE OR HOUND HN 55364 l- ■■56 67-117-25 45 M16 36 07-117-23 43 0019 38 07-117-21 41 0020 PMP AMD 04IM NORTN SNODE D« 045*5 NORTH SHORE OR 04545 NORTH SHORE DR IMCD NAME R 0 MAROEM ADA MADDEN T E I A H STUCK N R A L DENSON TAXPAVES RMT 0 MADDEN THOHAS € I ALICE H STUCK JOHN N DAUERh r- L s'NME/AOM ASM NORTH SNODE OR 4365 NORTH SHORE DR 4145 NORTH SHORE DR hr ■ • Lr ‘Tv.« NOUND MN ES564 HOUND m 55364 HOUND HN 55164 TAl^AYfR MNI/AOOR 16 07-117-21 41 0026 041U NORTH SHORE DR RAH mtUAHl RICHARD J HZUXAKS 4115 NORTH SHORE OR NOUND MN 55364 TOTAL 6ATCH 001 00013 Ol J OflOMANCE NO. 9B. 2nd ‘ ANOnOtMNCEESTABLfiHI^AN • MTERM MORATOnUM ON THE ORANTWIQ OF LAND SU80NI8I0NS THAT mVENOTRECEIVEOPRELMNARY ' ' APPROVAL FROM THE CITY.i ' Thd Munich Cod* Of Cite Of Olono it NDMidod by oddbig OtdNwnoo No. 92:2nd THE CITY OF ORONOORDAMS:. • 4 *. _ •>*^*^*% •• •• SECTION ll Slllitg|l^ MbuNrln MMn dw Chy Nmiit. Th* Civ it in Sit prtottt of tbidying and prtporing oow|wthtntitt owitndwtnt of in ahortiint loidilont. Tht Civ Coundi Indt Swi dnrt it on otonttwlinino grabobHiv Swt thoroNn* roouiaSont «M nood to bo updtitd and ftwttd. Tin CMy Counel tfto Indt dial tuch aanndmtnn ca nnot bo aoeomplitind until SirSitr aiudy hat btan eomptitd and a fwino ! Snoa onaeaiiMt of tuch omtn«'’*nntt add undBubnay madHy tiitiinQ rogbiAtont aanenning tuboMaion of land, dn proottaing llMflioiiMW dtfim IHm imifim Mriod bt aabiroann i n dn afitc tunion of pfopotto aiandofd amandmonn and eoniranr to iht anpoat of dw loninaonabiinQ act. Movnaon inaint aillNIl . at aaa. Tha CiV Cound badnr Indt dnt It would bo unwiat, inpnpar, and wdutt la alow individual dtvtiopmom n aeairdurina dda aiu^ period and would alow BiBwnnwBBn Laa* Mrvntonka and auociated bays ' ' AH proportita widiin tha City of Oruno beand widiin 300 ioat oMho flood plain of tha feliowinB tribuiaritt; ' ■' PaintartCraoii(Sact>ont30. 31 T118N R23W) *Stubbt Bay Croak* (Saetiont 32. 33 TtiaN R23W and Saetiont 4, S T117N R23W) Dickay Laka Craak ’ (Saetiont 27. 34 Tt18N Rai^ . *WWtl*wHe!y Namt Craak* (Saetiont 2S.27.35T118N lesm - • ' - Long Laka Craak (Saetiont 34 3S Ti 18N R23WandSoatont3.10T117N R23W) ' ■ *foratl Laka Craak* (Saetiont 6.7 T17N R23W) . ' . SECTION 4. Puration. Thit ordinanca than ba affacdv* lor a pariod of on* yaar, uriiata tha Civ Council datarminat that it it no ■ongtr raquirod bacautt dia raquiwi* ttudiat N fh* dottmont of dia antra Civ. Tharafora. Sit Civ Council findt it nacaaaary and appropnait it adopt an Initrirn Ordinanoo ^unwiyt It lAnnoaota Statutat 482.3S5. SECTION 2. Haatrieliont on tha w AmiHaatiiiw Mw ImttM aboy^haw^i ^^ approval aproptrvSBtamtdbyaatNanitntaQraamantbataatn lit CWaa M long Laho and Orono. than ba araniad* far any purpoaa . that would ba iwanaitlont wHh dio appiicaton* at of tha iM appropriata tvaiuaiien and action, ineludine any nooaataiy raviaiona of 8>a Zoning Cod*, haiw boon Hnali2ad..Tha duration of thit Ordmanct may ba axtandad by adoption of a tubaaquont ordinano*. tor a total addliional pariod of atghiaan mondia . SECTION S. ttSNttL.Tha Cl V Council may orant a varianc* to thit Ordinanoo if iha Civ CouncI find* afitr earalul ravia w of all iho facta that a proposal it not contrary, to th* initnt of tha Comprohantiva Plan, that it it eerhpatibla with dia zoning and offcial control amandmanta baing contidarad by tha City, diat it promottt tha haaldi, aalav. and waifar* of dw dtizant. and that a failura to gr*nt a varianco would croato a hardthip Ter th* ipplicanL SECTION 6. StgiiabiljbLFvary taction, previtien, or part of tnit Ordinanca it daefa rad tapaiabl* from ovary edwr taction, provition. or port ond. if any taetion, provition, or part tharoef or action lakon hortundor thall b* hold invalid, it ahall not affoa any other taction, prodtion. or part SECTION 7. Bfaetiva Para Thi« Ordinano* ia altoctiv* upon adoption by the CivCounefi. Adopwd by tha Civ Council of tha City of Orono on Iho 2edi day of August, 1991, tiya aMbaoquant appIcaSena. . feCTlOtf C R^iaad Araa Th* ponton of dia CHy of Orono that aha! ba auHoei ID dw raanedona___of dtia Ordkianoa isal tha land comalnod within tha area • - Al propa niaa widiin the Ov of Orono dwdiin l,000iaatof ditOrdnav High bitokofdiatoltowinoiakaa: ' . - ■ ‘ ATTEST Dorothy M. Hallin, Giy Clark Barbara A. Pafarson, Mayor STATE OF MINNESOTA) ) aa. COUNTY OF f^NNEPIN) - 'v LorwlahoLydSrdLaha MoenoyLako TanagarLak FranoiLaka FdraatLaka Tha foregoing inatrumant was ac knewiadgad bam* m* on this day August 1991, by Darfaofi A. Ptwraon and Dorothy M. HaHto. Mayor A Civ Ctork of tha GV of Orono, a Minnaaeta muntdpal dorporadon and said lnsanimsnt«*aa oMCutad on bshalf of dia City. — . Notary Public (Publiahad in Th* Lakar and Pionaar Sapt. 2. 1991) .JL Affidavit of Put state of Minnesota. County oi Bill Holm, being duly sworn, or an authorized agent and empic of the newspaper known as THE nesota. and has full knowledge stated below: A. ) The newspaper has compile ments constituting qualificat: newspaper, as provided by 331A 02. 331A.07. and other amended. B. ) The printed._JA'(ML mmIlmmA. which is attached was cut frorr newspaper, and w^ printed anc week for____ / It was first published Mond. ofthe and was thereafter printeg Monday, to and including M the day of Subscribed and sworn to me c day n. feyfe By: 'Jjk r I h, rr f l fO o CITYof ORONO % X'^*’' -1 4-‘. \RESOLUTION OF THE CITY COUNCIL NO.3017 A RBSOLUnOH GRANTING VARIANCES TO MDNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 2, AND SECTION 10.24, SUBDIVISION 5 (B) PILE #1674 WHEREAS, 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 WHEREAS, 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 excess 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 to the existing residence being 6.5* from the side lot line where a 10* side setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning 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 • • /o CITY of ORONO \\ U^ ‘\ 4-RESOLUTION OF THE CITY COUNCIL NO. 30_1_7 ________ 4. 5. A.The proposed 6.5* setback continues the existing setback line of the house parallel with the side lot line. No neighboring structures will be adversely affected by continuing this encroachment with c new addition. B.variance to allow 16.5% lot coverage where 15% is normally allowed is justified due to 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 existino 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 0- 75* or 75-250* zones is further justification for allowing excess hardcover in the 250-500* zone. 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. The City Council finds that the conditions existing on this property are peculiar to it and do not ^PP^^ generally to other property in this zoning district? that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant? and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Flan of the city. Page 2 of 6 > *kL‘« .ft.. . 2 •’ N* • • ■ »• ’ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3017________ > L i- CONCLOSIONS, ORDER AND CONDITIONS Based upon the above findings/ the Orono City 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 10.22/ Subdivision 2 to a* .ow 66.2% hardcover in the 250- 500* zone where only 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 ; 1. 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 be 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 improvements of this property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for new construction. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 9, 1992). Page 3 of 6 F h ' r r'- I ■V-->tIr- I- IjA r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3017 3. 4. punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolutxon and on behalf of herself, her heirs, successors and assigns, hej^eby agrees to the recording of this resolution i the chain of title of the property. Adopted by the City Council of the City °f Minnesota at a regular meeting held on the 9th day of September, 1991. ST: /D«yothy^.T^ Ci^ Clerk Barbara A. Peterson, Mayor Q Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before this 9th day of September, 1991, by Barbara A. Peterson 6 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. I - MOTAIW^wSu C’• »Sn€80TA / Notary Page 4 of 6 . ... . V' h-'.’ U'.,M !'•I [r\'r:':i i 'h. t'v- l,:nt- f^"p- fj'" fy- tf: ■ ;■■»■; • l \>' il- f. (/> •r.' ‘ t" 1 ^■v L .H-:. ' A'pv--r ^**T, .JL- HARDCOVER CALCULATION NORKSHEET SETBACK ZONE: (CIRCLE oiie) 0-75* 75-250 At -€»mh «6 H ardcover in Zohe 250-500' y 500-1000' Total Hardcover in Zone Total Property Area in Zone A. H ouse ^0. sr X J?35 9 w/i S.F. G' /Atitsi t1c >a J LENGIH .11/X N10TH 7.L,m S.F. €> X m V3 2-S.F. C?* r:f>o< ^ -5Hc;t>U.s.X £ 2.a S.F.G7 0 X /2-a /o?>S.F. (D B. Garage 7M- 2 X ■U3S\S.f A lU'vfi^Tcr C. D riveway sr^X 13.■L*SO S.F. (^1 U IVlUL'iJAY X ■/ / C>L*S.F. (^f tf»ui7o. Sidewalk X 12-a nc.S.F. (3^ /X rz)a SX j S.F. (^*nm w w m/ C V.. Tltwi^c-c/yitcfc /■S’X py a 3L>S.F. <£• S.F. ^ E. Patio / D eck i2-X //a /3 2 F.Landscape ____!T X 7 a AREAS UNDERLAIN BY 5"X /2-a bO i.r. i PLASTIC ^ SHEETING y X 6 a 30 S.F.dl^ u X a $.f.(£) S.F.G. Other X ii 5‘/0fc .f. [X • QS.F X 100 - a % 73tn (Aora H M O u»o M >4 K f;. [=• r ► - ;-. :•= ; Ik . V \*' CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3017 ________ STATE OF MINNESOTA COUNTY OF HENNEPIN OB this J0*‘^ ) SB. ) forttfo Mp1i day of Sepitmh^ _ . ^u4 ^ said CO 199 / A J CO mv ww w person(s) ^d^scribed in anc wnc execuT:eu /and acknowledged that he (tney) executed 3) free act and deed. “’saaffisisssr* STATE OF MINNESOTA ) ) SB . COUNTY OF HENNEPIN ) (O'T^ SS^‘*tV.'i'\oT. th. p;«oV.si d..^.a .. auJ .au u.... ™ foregoing instrument, and acknowledged that he (tneyj execute th« sane as his (their) free act and deed. >r^\A mSSSSSTm^^ McSg iMoSu^Notary Public Pace i of "geefT-iit Ml : ■y f-r f: ■b ^'; F- '!&■ R:.r1:^ if'y ?:^- i . .iJ eT'-VI',- ■V r fe. 1 • ^ ^ J$gj TOs Ron Moorse, City Administrator C^AA/^] PROMs John R. Gerhardson, Public Works Director DATES October 24« 1991 SUBJECTS Final Pay Request Highway 12 Sewer & Water Main Attached for review and approval is the fourth and final pay request for the Highway 12 Sewer & Water Main Project. The work has been completed according to specification. Recommendation to approve the fourth and final pay request for the Highway 12 Sewer k Water Main Project to Otten Bros. Nursery. Proposed motion moved 2nd to approve the fourth and final pay request for the Highway 12 Sewer & Water Main Project to Otten Bros. Nursery. r»'[- REQUESi a YMENT Ditli Jctobtr 23. 1991 fuar Qg«o. Mimutota WAltM. »H^k mUhnvr 12 Cltanup t Rtitoratlen nOJICT NO. I FlU NO. I 1S939 FOR PERIODI Prom; Pte.. 1. 1990 Tot Oct. 13. IPftl aPtCTgTIB CONTRACT COMPLETION DATE: OOiyiACtOEt Qtttn Irea. MurtTr t Landicaclng. Tne. AMilHt PO ioat 240 long Ukt. MinneaotA qiOUT POl PAyMBHT NO. I » k FINAL ‘ t' 1 nMutrt t. Orlgtngl COBtraet Aaouiit Chiat* Ordtr - ADDITION ChAaft Ordgr - DIOOCTXON Itritttf Coatrget Amount Ngluv Cenplottd to Dttt Mttorinl on Band AMuat taxBod Igti Botaiaagt | I fttb-Total $4S.ai».3S t, ). 4. 9. d. 7. I. 9. 10. 11. $ $ 49.ai4.sa Lota Aaouat Paid Prtvioutl/ AMOONT DUB THIS UQUBST POt PAYMENT NO.i 4 fc F 39.927.77 0.00 95.927.77 0.00 39.327.77 33.9il.3 ItcoBBtadad for Approval bpi 90NE8TR00. R08BNI, AMOERLIK A A680CZATS$. INC. By* APPBONALi r iiL Nttti Approvtd Bvt QTTEN BR08. NURSERY A LANDSCAPING CoBtl'tetor UtSfft By* L - I r nitu Awn -i ii r'u-s... ............ .. fk ■X f^o>. TOs Mayor and City Council FBOM: Ron Mootse, City Administrator DATS: October 24, 199 Ocf 5% 80BJBCT: Authorization to Initiate Hiring Process and Part Time Police Officers for Full Time The Police Department is currently one officer below authorized strength due to the Lieutenant position being vacant. The Police Chief has also requested authorization to hire part time officers to provide more flexibility in scheduling and to reduce the amount of overtime usage. The Police Chief has recommended that the unfilled full time position be filled with a patrol officer rather than a Lieutenant# The Chief has determined that it is a higher priority to have a patrol officer on the street. It is recommended that the selection process for both the full time officer and the part time officers be initiated as soon as possible. I !*'. H I S*‘ -* %■ r • [^’■' l\--' ^■ [t* • t- ** ♦. K^- {■ ■, f:tfe- ■ r' ' ■.■ •I .t lb' i. ti i ■ <5% // TO: FROM: DMB: Mayor and City Council Ron Moorse» City Administrator October 23, 1991 eX-^5>> % SOBJBCT: Award of Bids for City Facilities Bids for the site work for the new city facility and for portions of the public works building were opened on Thursday, October 24th. Jack Boarman will provide the bid information and a recommendation concerning the bid award prior to the October 28th Council meeting. i-f It' <.SI/. Jl-.. r •k r,- Y*. ;• L f ■•• ORONO SLMWiRY SHEET CITY Or ORONO PRELIMINARY COST ESTIMATE REVISED 10/25/91 BUILDINQ CONSTRUCTION BUDGET ESTIMATE CITY HALL / POLICE 16,500 sf 9 S80/sf SI .320.000 $1,320,000 PUBLIC WORKS CONSTRUCTION 24,500sf 9 $46/sf Si .176.000 $1,175,891 IftCAlEO STORAGE 5,000 sr 9 $30/$f S159.000 $150,000 SUBTOTAL S2.646.000 $2,645,891 SITE DEVELOPMENT SITE UTILITIES $25,000 $15,000 SOLCORECTION $160,000 $202,000 LANDSCAPING / SCREENING $60,000 $60,000 BITUMINOUS / CURB & GUTTER $90,000 $90,000 DEMOLITION / EXISTING BLDGS $35,000 $35,000 FURM8H1NOS S EQUIPMENT SUBTOTAL $370,000 $402,000 CITY HALL ALLOWANCE $175,000 $175,000 PUBLIC WORKS EQUPMENT • '$175,000 $175,000 SAND A SALT STORAGE $75,000 $75,000 SUBTOTAL $425,000 $425,000 TOTAL $3,441,000 $3,472,891 (over) / under ($31,891) ADD FOR RETAINING WAUS AT PUBLIC WORKS ADO MAIN CULVERT AND WEIR ADO CULVERTS UNDER BERMS ADO SITE FENCE AT PUBLIC WORKS $29,700 $21,900 $9,400 $10,632 * BIO PACKAGE 1 Pago 1 ORONO PUBL 1C WKS SHELL PROJECT NAME:ORONO PUBUC WORKS BUILDING PROJECT LOCATION:ORONO, MINNESOTA PROJECT ARCHITECT:BOARMAN KROOS PFISTER 6 ASSOCIATES PROJECT MANAGER:JOHN DAVIES' 1 J26‘00b ■ »f' ^ IDATE OF ESTIMATE: _ OC11BER 25, 1991 I8U8MITTE0 BY: KRAUS-ANOERSON CONSTRUCTION COMPANY SEC.DESCRIPTION NOTES MATERIAL la^_2 _ SUBS TOTAL COST 7 NO so. FT. 1000 Q^ERALOONOmONS $22,840 $3,000 $28,250 S54.090 2.08 2100 CLEAR SITE inci 2220 '$6 ..........SO........$6 SO ~b.oo 2210 FOUNDATION DRAINAGE N.I.C.SO $0 'so'$6 0.00 222w EXCAVATION/BACKFILL • ''SO ■ so~“$52,000 S52.dro “2.00 2300PRECAST CULVERTS N.I.C.SO “so so $0 0.00 2500SITE CONCRETE NIC.$0 so so $0 0.00 2600ASPHALT PAVING N.I.C.SO $6 '$0 so 0.00 2730STTEFeiCiNG N.I.C.so ^$0^$b so '0.00 2740RETAINING WALLS NIC.$0 so*$0 $0 0.00 2800LANDSCAPMG N.I.C.$d^‘■$0 .........so sb 0.00 3300CAST M PLACE CONCRETE so sc $80,916 $80,918 3.11 3410 PRECAST PLANK — J • I so so $14,270 $14.270 '0.55 4220 MASONRY BIO PKG 1 ■ ' 1 so $0 Si 00.909 $100,909 3.66 4220 MASONRY ^PKG 2 1 so so $86,736 $86,736 r 3.34 4400STONEWCRK -J;N.I.C.so ■ so *SO $0 '0.00 5100 STRUCTURAL STEEL S2.600 so $600 S3.400 :0.13 5500METAL FABRICATIONS ■ —i S13.520 $0 $4,500 $18,020 0.69 6100 ROUGH CARPENTRY I 1 $4,800 so $2,400' $7,200 1 6 28 6200RNISH CARPENTRY ! , ;S2.400 $0 $1,200 $3,600 ;3.14 7115 OAlyPPROOFNG t SO so "$3,640" S3,640“^0.14 7200INSULATION :incl 13120 SO so SO $0 ;0.00 7531 MEMBflWE ROOFING 1 SO ■$0 $8,500i S8.500 r 0.33 7620SHEET METAL $6 $0 $24,640 $24,640 1 0.95 7830LOUVERS i - - -1-so ;$0 $3,800' S3,800 i 0.15 7900CAUUONG :SO 'so $2,800 S2.800 ;0.11 8110 HM OOORS4T1AMES ! L *S3.610 $0 $1,970 S5.560 1 0.21 8200WOOOOOORS SI.260 $0 $315 $1,575 i 0.06 8360OVB1HEAD DOORS $0 so ,S24.087 ' $24,087 ;0.93 8410 ALUM WINDOWS 6 DOORS Ezr. “$0 so $17,498 SI 7.498 0.67 8710 HARDWARE S5.180 $0 $1,500 S6.680 1 0.26 8850QLASSA3LAZING lincl 6410 “so so'$0 $0 0.00 9250GYPSUM ORYWALL i ___ 1 SO $0 $28,340 S28.340 1 1.09 9300TLEWORK SO so S9.232 S9.232 ;0 36 9500ACOUSTICS.SO so'$2,250 S2.250 1 0.09 9650RES. TILE/CARPET $0 $0 $2,400 S2.400 r 0.09 9800FLOOR SEALER $0 $0 $18.OC''$18,000“^0.69 9900PAINTING so so $14,450 $14,450 1 0.56 10180 TOLET COMPARTMEI^'S500 so S250 S750 !0.03 10250 FIRE EXTINGUISHERS $580 $0 $130 $710 0.03 10800TOILET ACC.$600 so ■$250 $650 '0.03 10900LXXaCERS N.I.C. ^SO so SO $0 1 0.00 11000 GARAGE EQUIPMENT N.I.C.$0 $0 ’SO $0 6.00 11200 FUeJNG EQUIPMENT N.I.C.$0 so $0 so ,0.00 13120 PRE-ENG. BLOG •SO so S210.700 $210,700 ;8.10 15000PLUMBING $0 $0 $47,000 $47,000 :1.81 15200 UTILITIES (buiWing)•$0 $0 S21.ld0 $21.100 0.81 !> •r’ V Page 1^ ORONO PUBLIC WKS SHELL PROJECT NAME:ORONO Pueuc WORKS BUILDING PROJECT LOCATION;ORONO, MINNESOTA PROJECT ARCHITECT;BOARMAN KROOS PFISTER A ASSOCIATES PROJECT MANAGER:JOHN DAVIESi 26,000 sf DATE OP ESTIMATE;OCTOBER 2S, 1991 SUBMITTED BY:KRAUS-ANDERSON CONSTRUCTION COMPANY r-------------------- ■ . —.. . ^ 1 1 SEC.DESCRIPTION NOTES MATERIAL LABOR SUBS TOTAL COST - NO : ,SO. FT. i > 1 15500RRE SPRINKLER SO $0 $25,000 1 $25,000 0.96 15800VENTILATION A A C.$0 $0 $141,000 $141,000 5.42 ELECTRICAL ^$0 $0 $85,000 , $85,000 '3.27 $0 SO $0 $0 ■0.00 1; o.ool SUBTOTAL $57,890 $3,000 $1,065,835 $1,126,725 43.34 LAB. INS/TAXES 1 $1,350 0.05 SALES TAX INCLUDED : _____ _____ .19^0.00 PERMIT 1 ' $7,887 $7,887 '0.30 UMBRELLA LIAB. INS.' $5,680 0.22 SAC/WAC CHARGES N.I.C.^ ' ' $0 f 0.00 BUILDERS RISK INS.N.I.C.t $0 1 0.00 $0 1 0.00 SUBTOTAL 1 1 ; $1,141,642 1 43.91 1 1 DESIGN BY0V\A1ER s11i11i0.00 FEE 3%11 $34,249 1 1.32 TOTAL $1,175,891 45.23 11 1 1 ’ •BIO PACKAGE 1 BUDGET 24.500 SF @ S48.00/SF - $1,176,000 1 ! ' 1 i (over) / under i $109 j hr ' P ige 2 BID TABULATION ORONO PUBLIC WORKS BUIDING ORONO.lyM BID DESCRIPTION B© PACKAGE ONE OCTOBER 25. 1991 VENDOR BiD AMOUNT ADDENDUM BID BOND NOTES I'' ■A % K, ;■ r >» * #1 -EXCAVATION/SITE CLEARING STEININGER EXCAVATION IMPERIAL DEVELOPERS «2 • SITE UTILITIES GLENDALE CONTRACTING NOVA FROST «3 • CONC. FTGS, FOUNDATION. S O.G,JESOO GRESSER THE BUILDERS ^^OHMAN ' i^THLAND #4 • STRUCTURAL PRECAST CONCRETE >^JN SPANCRETE BLADHOLM #5 • MASONRY JESOO GRESSer AXELOHMAN NORTHLAND •I #6 • PRE-ENOINEERED METAL BUILDING MET-GON CONSTRUCTION MINNESOTA EXTERIORS METRO BLDG. SYSTEMS THE BUILDERS •3 / #5 • CONC. / MASONRY COMBINED JESOO GRESSBT THE BUILDERS •! O. L S CONCRETE AXELOHMAN NORTHLAND $254.606.60 : $353,600.00 ‘ • - i 1 1 4 2 1 4 2 P $12,860.00 ‘ - 1 $52,400.00 1 4 2 $95,559 00 ■ $83,318.60 1 1 4 2 1 4 2 $186,666.00 ' $98,206.00 ! 1 4 2 1 4 2 $107,600.00 ? 1 4 2 1 $14,196.00 NC^ $14,270.00 1 4 2 $18.‘23i.60 '1 $160,447.00 , $101,909.00 j $160,266.00 j $138,606.00 $210,700.00 $233,900.00 $231,854.06 ’$278,006.66 - ♦ i 1 & 2 1 & 2 1 & 2 i & 2 1 & 2 1 & 2 1 & 2 1 & 2 $256,006.00 $181.82160 $186,000.00 $205,146.66 $198,400.00 i i $240,800.00 1 & 2 14 2 1 4 2 1 4 2 14 2 1 4 2 YES YES RECOMMEND AWARD YES YES ; NO CULVERTS ‘recommend AWARD YES YES/LATE ; RECOMMEND AWARD • SEE COMBINED \ES............................................. YES YfeS i ( YES N3 RECOMM^ AWARD NO BOND COST I^LUDED YES YES/LATE VK YESt — RECOMMEND AWARD • SEE COMBINED 0€CK YES RECOMMEND AWARD YES RECOMMEND AWARD f. ?■* i * r rfc-.v k /, TO: FROM: DATS: Mayor and City Council Ron Moorse, City Administrator /\^ October 23, 1991 SUBJECT: Construction Manager Contract Negotiations on the Construction Manager contract for the new city facilities have now been completed. The contract will be forwarded to the Council on Friday, October 25. The contract is the standard construction manager contract with minor modifications. The most significant contract items are; Sections 15, 16 and 17. Section 15 is the fee for basic services. This fee is set at 3% of the construction cost of the project. The contract provides that the basic fee will not exceed $89,430, which is 3% of the most up to date construction cost estimate. The contract also provides that if the construction cost is reduced the basic fee will be reduced proportionately. Section 16, Reimbursable Costs, includes the cost of the Field Superintendent and the actual cost of items needed on the site during the construction process. The reimbursable costs are set in an amount not to exceed $97,724. The amount of reimbursable costs reflected in the initial proposal was $106,950. Section 17 is a group of general expenses that have been added to the Construction Manager's responsibilities. These expenses late to normal construction items that are necessary as part of any building project. Staff has effective way to handle these is Manager. determined that the most through the Construction It is staff's recommendation that the contract be approved in its current form. r t-r- I iii TO; Mayor and City Council FROM: Ron Moorse, City Administrator fy <9 DATS:October 24, 1991 SOBJBCT: Request from the Navarre Business Council Regarding Holiday Decorations and Professional Attached is a letter from the Navarre Business & Professional Council requesting the City's assistance with holiday decorations for the Navarre business district. A representative will attend the October 28th Council meeting to present further information concerning the request. John Gerhardson has indicated the City currently has room to store the decorations. He also indicated that if the Council agrees to providing for the installation and removal of the banners and decorations, he would recommend that the City contract for this service rather than assigning city personnel to this project. tutf ■ ■*iTfAiif" I I • ~rt I I I ’«•.■•> .t*..i. iomJ^ ijt^iwimix ija^^ STATE FARM INSURANCE COMPANIES HOME OFRCeS BLOOMINGTON. ILLINOIS October I TO; FROM: DATE: RE: ORONO CITY COUNCIL NF -'^RRE business & PROFESSIONAL <a committee of the Westonka C 10/2<f/91 Agenda Slot for 10/28/91 Orono City Council Meeting JANET S. SYMONS Agent NANCY L PATRICK Office Manager 3600 Shoreline Cnve Post Office Bo> 6 , Navane. MN 5.-092 0« (612)471-0491 The Navarre Business and Professional Council estabilished a three person committee in spring of 1991 in an effort to beautify our community. Our ooal was to gather information on Holiday decorations available for all the light poles in the Navarre business district (Cty rd 15 & 19), contact City of Orono for help and input, create a fund involving community donations to pay for the decorations, and finally to choose and order for Holiday 1991 delivery. To complete these goals, the following was done: JUNE: A committee member met with Mark Bernhardson and John Gerhardson to discuss the feasibility of this plan. Both agreed with the general ideas and followed up with Mark sending information he had gotten from Spring Park and Mound regarding their purchase of decorations. John delivered a map of the street plans with light pole locations and numbers of poles for our use. . The committee received information from Vaughn Signs of Bloomington on banners and decorations available. JULY: The Navarre Business and Professional Council met with Mark, John, and Jean Haybush to discuss both signing concerns in Navarre and the proposed holiday decorations. The need for the City to handle the annual installation and removal of the decoration, along with annual storage was discussed. Both Mark and John felt this could be worked out with the City once the actual funds were established for the purchase. At this time Vaughn Signs contacted us and offered a <>0% discount on the decorations if the order was placed by 7/31/91. With this tremendous savings in mind, the committee made the decision to order on 7/31/91. AUGUST/SEPTEMBER; An open letter to the community was sent to over 1500 area residents and businesses requesting donations. This was also printed in the Laker newspaper for total Westonka community involvement. The decorations were delivered to Janet Symons State Farm office, and are currently being stored there. Rick Bloomquist contacted John Gerhardson for the approval of the John visited the office to check out the storage space needed and said he would contact the Orono City Council to set up a time slot at the next meeting. OCTOBER: Hick Bloomquist received a call from the new City regarding this project, giving us the approval to request time at the 10/28 Council mooting to present our project needs. mn MMA Sii' iiaaoii/ AomaniiiLii % At this tiM donation, for over 50% of the total co.t have been received. Donations continue to come in, along with major contributions from loca businesses. The Navarre Business and Professional Council will be in charge of refurbishing any decoratins in need on an annual basis. Me request participation from the City of Orono in the following areas: 1) Initial installation of brackets and annual installation of bannors and decorations. a) Seasonal removal of banners and decorations. 3) Storage of banners and decorations from one season to the next Donations from the City of Orono will be greatly appreciated by the business community. Ue look forward to attending the City of Orono Council metting on Monday, 10/28/91 to present our ;4an, and look forward to agreement and approval of items presented. Thank you for your time and consideration. Please contact Janet Symons at 47|“0<»9l with further information and timing. ^ ^ 4. . i:" SL Westonka Area Chamber of Cominei ce f>600 L ynv^ood Boulevdiil. Muuiul. A\h •>) ■■»>-i • I/.'<».>'• ».i» 11« I »:!» : ' . .. <.11 *• * ' ’ • * *• 1 I < >.; . » I . I P ‘ » 'I Mi l • : • « « I I ► ' . f 4 DtKt • I i;K:i . I . • I »* I I . M • » . If • 1 * • * • • . • I .i«i> '* • . < « »• October 20, 1991 TO: ORONO CITY COUNCIL FROM: NAVARRE BUSINESS & PROFESSIONAL COUNCIL <« conmittee of the Uestonka Chamber cf Commerce) "represented by John O'Sullivan, O'Sullivan's Janet Symons, State Farm Insurance DATE: 10/26/91 RE: NAVARRE HOLIDAY DECORATIONS i After many meeting and numerous phone .cal Is «iith Mark Berhardson (city administrator) and John Oerhardson (Orono Puolic Works), the Navarre Business and Professional Council completed a three year goal of ordering Holiday Decorations. Red and green banners proclaiming "NAVARRE WISHES YOU SEASONS GREETINGS" and "HAPPY HOLIDAYS" have been delivered for all forty light poles in Navarre on Hyns 15 & 19. Four 8' gold and white angels with pole garlands will light up the main intesection. These decorations were ordered from Vaughn Display Co in July to take advantage of a <iOX Early Season discount. Out total cost is S<i909.65, a savings of over $3200. In September, IbOO letters were sent to Orono residents inviting the community to support our Holiday Beautification program (copy attatched). Along with ••he funds raised through the Navarre business community, to date we have reached over 60*/. of our goal and have a fund balarKe of just over $3100. Our request to you tonight is to approve th-? city's participation in the following areas on an annual basis: 1) Initial installation of brackets 2) AnrKial installation of decorations 3) Seasonal removal of decorations ^) Storage of decorations from one season to the next Any donations available from the City of Orono will be greatly appreciated by the Navarre business community. The Shoreline Drive Beautification committee has $^25 available to be used for the project, providing the 'matching funds' regulation is met with our parent city. "Woikiiuj Joijc U h'i r t' , ^ V %?>• t-,- ^ Se>^ to J(sOO Ofi^rk> ^t^»M<UT5 j^l A \ ~Ai6o p2./Airto jaJ U^kcU. Westonka Area Chamber of Commerce 5600 Ls nwood Boulevard.,Mound. Mrs 55 364 • 472 6780 Dear Neighbor; Its time we started polishing our community image' We would like to invite you to help further develop a more positive image for the public thoroughfares of our community. In an effort to continue the redevelopment and beautification of County Rd 15, banners proclaiming "Navarre Wishes You a Happy Holidays" are being ordered for all of light poles on Hyws. 15 and 19, with lighted decorations for the main Hyw 15/19 corner. The Navarre Business and Professional Council (a committee of the Westonka Area Chamber of Commerce) has already committed M‘«00 to this project. The estimated cost will be S*«900 and further donations from the community ar. needed to achieve our goal. Your generosity and support will be greatly appreciated. Please send your tax deductible donation in the enclosed envelope. Checks should be made out to the Navarre Beautification Fund. Help our community spirit shine through' Sincerely, The Navarre Business and Professional Council Questions may be directed to: Rick Bloomquist- ilick's Super Valu John O'Sullivan- O’Sullivan's Janet Symons - State Farm Insurance ‘♦71-0^.73 471-0725 471-0491 'Woikttui foiiethijr / Aici^ BOSTON IsIh >• V.. .V C? /• * ? ■# A 5^ . V ji R \Nl tl I III shiiniiiciing poKI ^»nUI ;ini1 v\hifc i»»*M p.iiBinil ^|n n;Mtv I’lim I* I 4W \. \ c I Vo * i •’ ic j' , • ' I . . 5 .I • *1 * I u/. r | ,1/ • r \ \ \ * 4 ' !■' I .. i I . f •) rk ,K r- t V •:r P^j <v»/.. TO; PROM: DATS: //. Mayor and City Council Ron Moorse, City Administrator October 24# 1991 SUBJECT: Minnehaha Creek Partnership Grant •shed District - Clean Water .at ion The Minnehaha Creek Watershed District is applying for a major grant to improve the water quality of Long Lake. A portion of this grant includes the affected cities and related organizations providing in-kind services related to pubiic information and education regarding water quality. Attachec a description of the public information program and a re: Jtion indicating support for the grant application and an agt?ement to provide a representative on the Public Information/Education Committee. Paul Nelson, a representative from James M. Montgomery Consulting Engineers, who are working on this grant for the Watershed District will attend the October 28th Council meeting to provide information and answer questions regarding the grant and the Public Information/Education Committee. RESOLUTION^ A RESOLUTION 0B9IGNAT1NO A PROJECT REPRESENTATIVE AND AUTBQRmNO SURMTITAL OF A CLEAN WATER PARTNERSHIP GRANT APPUCATION FOR LONG LAKE, HENNEPIN COUNTY, MINNESOTA WHEREAS concema have been identified regarding the water quality of Long Lake and any exiating or potential impacte on lake resourcei and lake uee; and, WHEREAS the City of Orono wiahea to implenent appropriate action to restore or protect the water quality of Long Lake, BE IT RESOLVED by the City of Orono that It hereby agrees to provide in>kind services for the Long Lake Phase 11 Implementation Project in the form of participation in a public information/aducation committae; and designatae Loren Larson of James M. Montgomery, Consulting Engineers, Inc. as the ^qjeet Representative for the Long Lake Implementation project's p: ‘tosed Clean Water Partnership Phase II project Implementation Plan. The value of the above stated in*ki services is estimated to total $16,600.00 for tha five year prqject duration. The Project Representative shall have the authority to represent the Cit>* of Orono in all matters that do not epeeifically require action by tha City Council. The Minnesota Pollution Control Agency (MPCA) shall direct Clean Water Partnership Application correepondence and Clean Water Partnership Project correspondence to the Project Representative and shall consider correspondence form and action on tha part of the Project Representative as repreeentatloni and actions taken by the City Council. BE IT FURTHER RESOLVED by the City of Orono, that the Project Representative designated above it hereby authorized to submit to the M^'IA a Clean Water Partnership Phase II Project Implementation Grant Application for . e Long Lake Implementation Project. Resolution Introduced By:Council Member. Resolution Seconded By Council Vote on Resolution:eyes neye Whereupon the above Resolution was adopted at the (Date) the Orono City Council. .meeting of Barbara J. Paterson, Mayor DorthyT . Hallin, City Clerk ( vS - . « Pttblte and tdueatlMi will ba an important olomont of Chia pnjoet Tho maier of thia olomant ia tha adueatton of tho pubUe to diffbrant fartillaar monagamant , ytiri waata nanagamant taehniquaa, and agricolt&zal Baat Managamant Praotleaa (BMP*). To anoaoraga publie aupport and invalyomant, an affbodva pablie Infbmadea program ia naadad. Thla typa of program ia ipodflcally idandflad in tho Dlitriat'a Watar Managamant Plan. Tha pnbUa iaibraiadon program will ba implamontad by a PubUe Infbrmadon Comnittao (PIQ which will uaa tha MPCA dooumant» "Community Infonnadon and Outraaeh for tha Clana Watar Partnarahip" (Jana 30, <br guidanca in tha program. Tha Committaa of at laaat nina maaoban from tha community. Tha MCWD will provide two ripraaantadvoa from ita Board of Btanagara in addition to tha Diatriet Bnginaor. A raquaat will ba made by dia MCWD to oaeh of tha following antitiaa to provide one rapraaonudva each! City of Long Lake City ofOrono City of Madina ONR Conaarvadon Dietriet MPCA Tha Committaa, through maatbHfr Tvaty two montha, will eat goala, develop a loDf*tarm plfn, pmi Anally implamant ti»ia plan in order to inform and aduoata tha public of thia piqiaeC and what they can do to help improve tha watar quality ef Umg Lake. Soma maChoda whidi midtt ba oonaldarad in balping inform and adocata tha pnbUe may ba landing out pcq)aat nawalattara, cnpply newt ralaaaaa to the local nawapapara, poadbla ca ble talavidon prograau, or praaontadona to local groupi/organisationa. feV,.-;, • Mdntial tn iildltlwi te th« PobUt Tw***»f*<"» Profriim tb« CdtamittM thould Msdoet paUlo lat af thiM ttiartnp will b« datwniMd bjr tba iuhnlunti ti radoM antrfaot loadlnf to ot<m lokoo ftom maol^ woO as iBpmtef Ao lako tad wtianhod^o gonorai aaothortoi Otiitr topiai, muk to <iT^rxT—n>pi«wir mlghl Inowpomirf tbo aoottafi wwM olao opdato tho pablio on how tho groioot it gromdlnf tad olio aaowor qniOtioBf thojr may havo coaotniag tho ila fanrolvtauat hi ik •A >C:f i r f- r r'.‘te I 'r. li:M-I i'-: V..-cS /-> TO: FROM: DATS: Mayor and City Council Ron Moorse, City Administrator October 23, 1991 SUBJECT: Amendment to Owner/Architect Contract The contract with Jack Boarman & Associates, the architect on the city facilities project, has been amended to reflect three items. 1, The current fee amount based on the most up to date project cost figure. 2. A clarification of charges and credits for schematic design work. 3. An agreement by the architect to work with the construction manager retained by the city and to modify the terms of the owner/architect contract to comply with the terms of the construction manager contract. Staff is recommending approval of the contract amendment. —u -L « • HE AMERICAN INSTITUTE OF ARCHITECTS Amendment to Standard Form of Agreemen Between Owner and Architect This document is (or use with previous editions ot Sundard Forms of Agrccmcni jctwccn Owner and Architect, when construction is to be performed under the lO/o wdiiion o AlA Document AJCI. General Conditions of the Contract for Construction. THIS OOCUMTNT HAS IMFOUTAHT LTCAL COnSCQUCHCIS. consult ATtOH WITH AH ATTORNtY IS [h COURACCD WITH RtSPiCT TO ITS COMf^UTlOH OK MOOIfiCATtOH AGREEMENT made as of the tenth Hundred and Ninety-One cay of October in the year of Nineteen BETWEEN the Owner and the Architect: City of Orono P. 0. Box 66 13.'’5 South Brown Road Crystal Bay, Minnesota 55323 Boannan Kroos Pfister & Associates, Inc. 222 North Second Street Minneapolis, MN 55401 For the following Project: dcliilcd daeription ol /’ro/ect lac.uion .md scope; Design of the Orono Municipal Facilities located at East of Old Crystal Bay Road North of Highway 12. To amend the Owner-Architect Agreement dateci; Tenth (lOt..) of January, Nineteen f/ns«r( *ie or dJ<ei 0/cWiifnj Owner.Arch/rect Ajrccrnenr jbenc.i Hundred Ninety (1990) AU OOCUMIMT ISO • AMCNOMfNT TO OVVN(S.A*Ct'lTtCt AClttMCNt • AfKIl ^‘I7T « THI AMfllCAM INSTITUrC OF AICHITCCTJ. 17JS NIW VO*K AVt.. H.W.. \va$MINCTC3N.-O.C. »■*»•8142-1977 ii 1.1* ^<k^6KDliENT TO BASIC COMPENSATION The architects compensation shall be a fixed fee maximum based on the Council approved project budget amount for building, sitework, equipment and furniture. The fixed fee is based on a percentage as set forth in Section 11.2.1. The current fee projection is based on the attached scheduie as follows: Protect Protect Cost Fee %Fee Amount 1. City Han/Police A. Building B. Site C. Furniture D. Schematic fee amount $1.320,000 $168,000 $175,000 7.5 $124,725 $18,709 2. Public Works A. Building B. Site C. Equipment D. Schematic fee amount $1.326,000 $167,000 $250,000 7.0 $122,010 $18,302 All fees will be paid based on hourly charges not to exceed the fixed fee maximum. The council shall set the final project budget amount at the completion of schematic design. Attached is the most current project budget statement dated 6/11/90, revised 6/20/91 . The architect agrees to credit the City $8,000 for all work performed prior to February 1,1991 This is approximately the date that the Council initiated the site purchase and design process currently in process. The fixed fee for schematics shall be $37,011 less a credit of $8,000, or $29,011. This establishes the final fee maximum at $238,735 for both buildings, sKeworfc, furniture and equipment. The budget amount for fees was 242,000. >• •••The architect agrees to work with a construction manager retained by the City. The Architect agrees to modify the terms of their contract (dated 01/10/90) to comply with the terms required of the Architect in the Standard AIA contract form #B141/CM and the CM contract This Amendment entered into as of the day and year first written above OWNER City of Orono BMrbMra Peterson> Mayor fii; *■; k ■1: I'- '^■i. H:t!' ■\\ cmroFORONO PRELIMINARY COSTS STATEMENT CITY HALL / PUBLIC WORKS 6/11/90 R«v(9«d6/2(y91.8/10/91 Ravfsad 8/20/91.8/21/91 1. BUfLDINQ CONSTRUCTION CfTY HALL POLICE CONSTRUCTION 16.500 • 880/aF. PUBLIC WORKS CONSTRUCTION 24.500 8.F. P S48/S « UNHEATH) STORAGE 5.000 8.F. • 830/S.F. SUBTOTAL 2. SITE DEVELOPMENT *SITEUTILmES ‘SOILS CORRECTIONS •LANDSCAFINO/SCRBNINQ •BITUMIN0USKXJR8 A GUTTER •0B40LIT10N (E)0ST1NQ CITY BLOGS.) SUBTOTAL 3. OTHER COST IMPACTS ‘LAND COST ‘SALE OF EXIST. MUNiaPAL SITE ‘SALE OF PORTION OF SEWER POND SITE SUBTOTAL 4. CONSULTANT COSTS ARCM/ENa FEE COSTS BONDING FEES JMT COSTS SUBTOTAL 6. CONTMQENCY 7. C08T8AVINQS 8. FURNISHINGS S EQUIPMENT •CM. ALLOWANCE • $10 &F. •P.W. EQUtPMBIT ALLOWANCE •SAND A SALT STORAGE •MOVBIQ COSTS ‘PROFB88WNAL FEES COST $1,320,000 $1,176,000 $150,000 $2,646. $25,000 $160,000 $60,000 $90,000 $35,000 $370,000 Deduct Deduct $292,000 ($34,500) ($150,000) $107, $215.1 $60,1 $60.1 $335,000 mm $1S0,( ($339,000) SUBTOTAL ■ c.i.; ■ v.4< . ..V KliM $175,000 $175,000 $75,000 $15,000 $27,000 $467. V.’* %*-. U' >1’' ft., V- ■•■.•ly f !f- h•V jj' /■ Iv ^, !> }(o TO: FROM: DATS: Mayor and City Council Ron Moorse, City Administrator^/'^ October 24» 1991 w/> 80BJBCT: Change of Title/Salary Adjustment for Stephen Weckman Attached is a memo from Jeanne Mabusth, Building and Zoning Administrator proposing a change to title and salary for Stephen Weckman. It is recommended that this item be approved at the October 28th Council meeting. TO: PROH: DATS: Ron Moorse, City Administrator Jeanne A. Mabusth, Building Zoning Administrator October 24, 1991 SUBJECT: Stephen Weckman - Change of Title/Salary Adjustment List of Exhibits: A. Staff Memo B. Council Minutes 1/14/91 C. Compensation Plan Change of Title - Although the staff memos and the formal Council action “reflected in the minutes of January 14, 1991 suggest Weckman was hired as the Manager of the Sewerage Treatment Program, in reality he was hired as the eventual Manager of the Sewerage Treatment Program. After a period of time, whereby staff had an opportunity to observe his i,erformance in these assigned duties. During this interim period he has been referred to as the Septic Inspector. I recommend Stephen Weckman be formally recognized as the Manager of the Sewerage Treatment Program or for the benefit of the public. Septic Manager. Stephen has taken over all aspects of the program including major revision of the septic code to be presented to Council sometime in December or January of next year. He continues to be the main contact for all new installations; he supervises and inspects these installations. He has performed 600 inspections of existing systems, completing 1/2 of the total systems in the City, which was the goal of the department for a full time employee. Stephen has also assumed the responsibility of reviewing the septic test information submitted with all rural subdivisions, completing the on-site inspections and completing the report to the Zoning Department. We continue to receive many compliments concerning Weckman's ability to communicate this highly specilized information to residents but most important he is beginning to record success with convincing residents to upgrade substandard systems on the verge of failure. I recommend a change in job title from Septic Inspector to Manager of the Sewerage Treatment Program for Stephen Weckman. Salary Adjustment - Although Mr. Weckman's original Occupational Analysis Questionaire for the full time position was designated at mid-point of level 9, based on the Compensation Plan's performance level chart, his postion was initiated at a level 6, step 1, at an hourly rate of $11,814. I recommend an increase to level 6, step 2, at an hourly rate of $12,509 to be effective as of September 1, 1991, Based on direction of Council's recommendation that called for a salary review in his position at approximately August 5, 1991. Mr. Weckman's years probation will continue through to January 15, 1992, with a recommended salary review in the position scheduled for July 1992. Mark S. Bernhardson, City Administrator Jeanne A. Mabusth, Building S Zoning Administrator January 10, 1991 Subject: Selection of Manager - Sewage Treatment Program After interviewing 7 outstanding applicants for the position of manager of the sewage treatment program, I would recommend that the position be offered to Steven Weckman. Mr. Weckman has been employed as the temporary septic inspector since June 14, 1990. After interviewing with candidates with training in environmental sciences to landscape architecture, Mr. Weckman's specialization in the field of soil science finds him best suited for the position. Steven has also had the benefit of 6*7 months of experience in the septic program. He has completed 900 site inspections of the 1,100*** systems within the City. We continue to receive compliments on his ability to communicate with the homeowners in the field. Steven is a self starter and has commenced several projects and studies on his own that have benefitted the program. I Steven is personable and friendly, and from my observations has been easily accepted by his co*workers. He continues to provide a fresh, innovative approach to the space limitations of our facility. If Council approves of the appointment, I would recommend that Mr. Weckman commence this employment on Tuesday, January 15, 1991. In earlier discussions, we determined the starting level to be at Level 6, Step 1. Based on the compensation plan's expected performance level chart for 1991, Step 1 is at a hourly rate of $11,814. The position would be subject to a year probation period, through to January 15, 1992 with a salary review in that position **««.'^duled for August 5, 1991. TCx Mayor Peterson & Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. Proposed Notion: To recommend the hiring of Steven J. Weckman as the regular full-time manager of the sewage treatment program to commence this employment on Tuesday, January 15, 1991. The starting position is classified as a Level 6, Step 1, at an hourly rate of $11.8X4. All benefits shall accrue as of the starting date, January 15, 1991. This position will be subject to a one year probation period, through to January 15, 1992 with a salary review in that position scheduled for August 5, 1991. Ayes ___, nays ___. I w — 1991 POLICE CHIEF SELECTION CONTINUED • ^-ppropriate to put together a prcjraT,, includino varioua“'optlonS. and solicit proposals. Council could then decide which options to include based on the proposal." ■Councilmetnber Jabbour --ked Bernhardscn if particular firms which spec ^ze in law enforcem he knew of any ement. Bernhardson replied, "T know of only a couple firms locally that provide police chief recruitment services. There may be other firms in the Metropolitan area." Jabbour said, "I feel there are certain issues within the Police Department that need to be addressed. Are we going to address those issues in conjunction with the search for a new Police Chief?" Councilmember Callahan said, "I would suggest thot we establish what we would like the new Police Chief to do befo'e we do any hiring." Councilmember Goetten asked whether the contracting cities would play any part in hiring a Chief of Police. Bernhardson stated that it is up to Council to determine the degree of involvement the contract cities would have in the selection process. Councilmember Jabbour asked Bernhardson if there is a 3pecific time period which must be considered for hiring a new Chief. Bernhardson replied, "The Police Depart.ment could exist for a period of time with an acting Chief. However, it may be more appropriate to have the process completed and a new Chief hired as quickly as possible. I suggest that mainly because the budget process will begin in June and July. It would be helpful to have the new person on-board to assist with the budget process." Council accepted the information presented by the City Administrator and took no formal action. SEPTIC INSPECTOR POSITION - EMPLOYMENT* It was movad by Callahan, seconded by Goetten, to hire Steven J. Weckman as the regular full-time manager of the Sewage Treatment Program to commence on Tuesday, January 15, 1991. starting position is classified as a Level 6, Step 1, ai hourly rate of $11,814. All benefits shall accrue as of starting date, January 15, 1991. This position will be subj« to a one year probation period, through to January 15, 1992, with a salary review in that position scheduled for August 5, 1991. Motion, Ayes-4, Nays-0. Motion passed. - 12 - -•.VO* •• 6 m » 0* tsf OF ORONO ■FENSATION PLAN - expected PER/ORMANCE levels 1991 UEVEL 1 2 3 4 5 6 7 8 9 10 11 12 13 STEP I $8,522 $9,019 $9,598 $10,187 $10,876 $11,814 $12,742 $13,717 $14,793 $16,181 $18,525 $21,761 $25,788 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 $10.0'80 $10,727 $11,385 $12,156 $13,204 $14,241 $i5.r>3i $16,533 $18,084 $20,705 $24,321 $28,822 /;/ / J f wt ^ 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 it'. r, '^fifo /7 TO: PROM: DATE: RE: Ron Moorse, City Administrator John R. Gerhard jn, Public Works Dire’tor Octo^•^r 23, 1991 Resolution Ordering a Report and Feasibi 1 y ^tudy for Stubbs Bay Sewer Attached for review and approval is a resolution requesting the feaslblity study for the Stubbs Bay area. It is neces/'ary to approve the resolution to comply with proper procedure . Recominendatlon to approve Resolution # ordering a feasibility report for the Stubbs Bay Sewer area. Proposed inotion _____ approved _____2nd to approve Resolution #_____ ordering feasibility report for the Stubbs Bay Sewer area. TO: PROM .£ Ma/or & City Council Ron Moorse, City Administrator Porwarde^ to Cour .. Reconmei ding Appr.. <1 h RBSOLOTION ORDERING PREPARATION OF REPORT ON STOBBS BAY AREA SANITARY SEWER IMPROVEMENT WHEREAS, it is proposed to improve the Stubbs Bay Sanitary Sewer study area and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chaper 429. NOW THEREFORE, BE IT RESOLVED BY THE CITY COONCIL OF ORONO, MINNESOTA: That Engineer for counci 1 with preliminary feasible and in connection of the impr the proposed improvement te referred to the City study and that he is instructed to report to the all convenient speed advising the council in a way as to whether the proposed improvement is as to whether it should best be made as proposed or with some other improvement, and the estimated cost ment as recommended. Adopted by the Council this , 1991. day of Barbara . Peterson, Mayor ATTEST: Dorothy M. Hallin, City Cle i'- r % ffc\ Ocr ^<y ''*^1^^. Oft, TO: PROM: DATE: RE: Ron Moorse, City Administrator % John R. Gerhardson, Public Works Director October 23, 1991 Resolution Receiving Feasibility Study and Calling for a Public Hearing for Stubbs Bay Sanitary Sewer Area Attac .led for review and approval is Resolution # accepting the feasibility study and calling for a public hearing on _ _ _ _ _ _ _ _ _ _ for the Stubbs Bay Sanitary Sewer area. It IS necessary to approve the resolution to comply with proper procedure. Recommendation to approve Resolution # study and calling for a public hearing on Bay Sanitary Sewer area. accepting the feasibility for the Stubbs Proposed motion moved 2nd to approve Resolution # accepting the feasibility study and calling for a public hearing on ____________ for the Stubbs Bay Area Sanitary Sewer. TO:Mayor & city Council PROM:Ron Moorse, City Administrator Porwarded to Council Recommending Approval A RBSOLOTION RECEIVING REPORT AND CALLING HEARING ON STOBBS BAY AREA SANITARY SEWER IMPROVEMENT WHEREAS, pursuant to resolution of the council adopted , 1991, a report has been prepared by the City Engineer with reference to the Stubbs Bay Area Sanitary Sewer loiprovenent, and this report was received by the council on _ _ _ _ _ _ _ _ _ _ _ _ _ _, 1991. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. The council will consider the installation of such sanitary sewer improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of 1991. 2. A public hearing shall be held on such proposed improvement on the 20th day of November, 1991 in the Council Chambers, 1275 Brown Road South, at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the council this day of ATTEST: Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk w iI i •i % \ n d \ : • *» •■ y.d LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF October 28, 1991 There are no licenses. 10/13/91 PR; 110 CB PRREGOR V* '‘C' X.:? HASEHAN, JOHNSON. JOSTROM, KARNITZ. I NAME ABRAHAMSON. <REDERIC > ANDERSON. BRUCE L BOBZIEN. SUE A BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY 6 CORNICK, JAMES L DELANEY, JANE E DEMBOUSKI. JAY C ENGLISH III. IRVING ERICKSON, KURT R FISCHENICH, DAN T FRITZLER, JOHN M GAFFRON. MICHAEL P GERHARDSON. JOHN R GOMAN, DAVID J GREGORY. JAMES D HALLIN, DOROTHY H HANSEN. STEVEN C HANSING, CAROL J CAROLE BRADLEY P FOREST J RICKY D KENNEN, JANICE M KNUTSON. CHARLOTTE A KUEHN. THOMAS M MABUSTH^ JEANNE A MCINTYRE, WILLIAM E MOORSE, RONALD J MOKOWCZYNSKI^ JAMES NELSON. DAVI6 D OBERAIGNER. SCOTT 6 OBRIEN. RANDY L OMAN. LYLE E kALMER. GREGORY A OUAS'!’. WAYNE A RATHBUN. BARRY J ROSS. JOHN A SKRECN. DALE S STEFFENHAGEN. RONALD STEVENS. BETTY G SULLIVAN. STEPHEN X THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L_ _ _ _ VEE. LINDA S WALTERS. LINDA G WECKMAN, STEPHEN J YTD CURRENT DPT GROSS GROSS 93 1067 50 80 00 31 36892 47 1565.28 31 20191 88 958 72 12 12178 60 543 78 42 31945 39 1522 88 31 34584 00 1648 00 31 36794 57 1493 35 93 1027.50 112 50 31 14595 86 1197 93 31 35540.75 1466 60 31 31240 77 1454 24 31 33287 81 1533 47 31 33380 09 1599 04 33 29204 98 1392 24 42 40771 73 2005 02 35 1211 90 159 12 42 28097.38 1657.93 12 25157 30 1199 28 42 23130.26 1034.39 31 11541 16 529 72 12 2037 40 814 96 31 33957.26 1563.31 93 2025 00 137.50 31 8164 34 100 42 31 1254.96 184.65 15 20110 96 958 71 15 42903 35 2048 08 33 37245.74 1743 52 93 605.00 60 00 12 5496.00 2038 40 31 34764.44 1454 24 35 3796.73 174 98 42 20163 58 1000 60 92 24073 06 1340 31 33 29439.29 1392 24 42 20661 46 921 29 92 28598 46 1290.97 92 24221 19 1023 61 93 601.15 55.13 42 23840.45 1016.64 93 25192 35 1200 96 93 2748 00 309 00 31 7538.24 1884 56 31 31108.73 1466.60 31 34343 33 1426 48 31 31386 89 1454 24 33_24648 69 1199 28 12 17778 58 862 88 15 22927.80 1111 91 33 19167 32 945 12 54 .334 08 a c a 2 ■aasBsaaa 10/31/91 PR; 109 CM PRRE60R NAME DPT YTD GROSS CURRENT GROSS BUTLER. 1MARY C 11 1933.36 241 67 CALLAHAN , EDWARD J 11 2416.70 241.67 GOETTEN.J.DIANN 11 2416.70 241.67 JABBOUR.GABRIEL 11 2416.70 241.67 PETERSON , BARBARA A 11 3000.00 300.00 1.266 68 • S • r> i. /1991 CITY OF OKONO CHECK NO. DATE 301002 301031 301037 •••••• 301042 301042 301072 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 301074 •••••• 301093 (I rr- I.:. 10/21/91 10/21/91 10/21/91 10/21/91 10/21/91 AMOUNT 10.00 10.00 • 1 60 1.60 • 21 64 28.84 • 51.97 51.98 103.95 • CHECK REGISTER VENDOR A-1 MINNETONKA RENT AT & T COFM AUGIES MOBILE CHEF ASFLUNO COFFEE ASPLUNO COFFEE 10/21/91 31.70 31.70 • BOYER FORD TRUCK 10/22/91 14.19-BONESTROO ..3SENE ASN10/22/91 14.19 BONESTROO ROSENE ASN10/22/91 14 19 BONESTROO ROSENE ASN10/22/91 14.18 BONESTROO ROSENE ASN10/22/91 100.00 BONESTROO ROSENE ASN10/22/91 67.50 BONESTROO ROSENE ASN10/22/91 127.20 BONESTROO ROSENE ASN10/22/91 560.70 BONESTROO ROSENE ASN10/22/91 55.54 BONESTROO ROSENE ASN10/22/91 605.24 BONESTROO ROSENE ASN10/22/91 972.70 BONESTROO ROSENE ASN10/22/91 59.72 BONESTROO ROSENE ASN10/22/91 225.00 BONESTROO ROSENE ASN10/22/91 539.71 BONESTROO ROSENE ASN10/22/91 6,923.84 BONESTROO ROSENE ASN10/22/91 45.00 BONESTROO ROSENE ASN10/22/91 3.861 37 BONESTROO ROSENE ASN10/22/91 1.331.51 BONESTROO ROSENE ASN 10/22/91 1,198.36 BONESTROO ROSENE ASN10/22/91 150.00 BONESTROO ROSENE ASN10/22/91 150.00 17,001.76 • BONESTROO ROSENE ASN 10/21/91 1.762.76 1.762 76 • BRYAN ROCK PRODUCTS ITEM DESCRIPTION PROPANE FILL TELF.’HONE SANDWICHES C*^FEE C.^/FEE PART PLAT MAPS PLAT MAPS PLAT MAPS PLAT MAPS ENG RETAINER AUG ENG CONSULT MSA GEN FOX ST EXTENSION WEBBER HILLS ROAD SEAL COAT INSP AUG EAGERNESS PT RD AUG APPL AUO 875 FOREST ARMS DR NEW LIFE BIBLE CHRCH STORM WATER PLAN ENG FRONTAGE RD/LANO MSA CONTRACT REPORT ENG-WTR EXT 91-2 ENG-SAN SWR EXT 91-2 ENG-STORM SWR 91-2 INSP PUMPHSE 63 -AUG INSP LS 111 RENOV ROCK ACCOUNT NO INV 01-4220-249-42 01-4320-175-34 74-4802-591-94 01-4382-039-12 01-4382-174-33 01-4232-249-42 01-4210 01-4210 01-4210 01-4210 01-4304 01-4305 01-4305 01-4305 01-4305 01-4305 01-4305 01-4305 01-4305 15-4305 15-4305 23- 4306 24- 4305 24-4305 24-4305 72- 4306 73- 4531 144-33 144-33 174-33 249-42 200-41 249-42 249-42 249-42 249-42 249-42 840-71 840-71 840-71 651-00 651-00 354-00 426-00 426-00 426-00 437-85 569-92 01-1233-249-42 10-28-91 PAGE 1 I P.O. 8 MESSAGE • • •-CKS •••-CKS -CKS •••-CKS •••-CKS -CKS •••-CKS fl»tl CITY OF ORONO CHECK NO. DATE 30I0I5 301015 301111301111 301121 301130 301130 301130 301142 301142 301143 301143301143 301143 301143301143301143 301143 301143301143 301143 301157301157 301157 301157 301171 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 10/21/91 35 00 BUDGET PRINTING BUS CARDS 01-4322-129-31 10/21/91 80.34 115.34 A BUDGET PRINTING REPORTS 01-4322-129-31 10/21/91 5 00 CHESWICK/QARY PARKING 01-4381-129-3110/21/91 43.49 48.49 A CHESWICK/QARY CONF 01-4538-129-31 10/21/91 1.281.02 1,281.02 A COKi. • • T MICROFILM MICROFILM 01-4308-129-31 10/21/91 65.16 COLONIAL LIFE INS CO OCT INS 01-4152-121-3110/21/91 .01 COLONIAL LIFE INS CO OCT INS 01-4152-126-3110/21/91 206.15 271.32 A COLONIAL LIFE INS CO OCT INS 01-4152-129-31 10/21/31 90.00 COPY DUP PR INC DEVELOPER 01-1281-000-0010/21/91 205.00 295.00 A COPY DUP PR INC RENTAL 01-4210-129-31 10/21/91 1.95 COMMERCIAL LlFE/GRP OCT INS 01-3872-000-0010/21/91 8.14 COMMERCIAL LIFE,GRP OCT INS 01-4152-039-1210/21/91 25.65 COMMERCIAL LIFE/GRP OCT INS 01-4152-089-1510/21/91 16.85 COMMERCIAL LIFE/GRP OCT INS 01-4152-121-3110/21/91 3.40 COMMERCIAL LIFE/GRP OCT INS 01-4152-126-3110/21/91 45 07 COMMERCIAL LIFE/GRP OCT INS 01-4152-129-3110/21/91 8.99 COMMERCIAL LIFE/GRP OCT INS 01-4152-174-3310/21/91 20.19 COMMERCIAL LIFE/GRP OCT INS 01-4152-249-4210/21/91 1.42 C0FA4ERCIAL LIFE/GRP OCT INS 72-4152-549-9110/21/91 2.13 COMMERCIAL LIFE/GRP OCT INS 73-4152-539-9210/21/91 .85 132.64 A COMMERCIAL LIFE/GRP OCT INS 74-4152-590-93 10/21/91 95 00 DAHLQREN SHARDLOW SHORELAND 01-4308-299-7210/21/91 29.15 DAHLQREN SHARDLOW PROJ SERV 01 4308-299-7210/21/91 95.00 DAHLGREN SHARDLOW HWV 12 ALIGMNT 01-4306-299-7210/21/91 305 80 524.95 A DAHLGREN SHARDLOW PARK HTG 12-4306-385-00 3/21/91 144.00 144.00 A DORAOUS CORP QTR MAINT S^REN 01-4342-175-34 j10-21-91 PAGE 2 • P 0. • MESSAGE -CKS A 0 •-CKS -CKS 0 0 0 OKS • • •-CKS -CKS ••■-CKS . t I?;, ' V It.: \ V- T l'^- ::• rt' Wmi CITY OF OKONO CHECK REGISTER 10-29-51 PAGE 3CHECK NO . DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV 1 P.O. 9 MESSAGE30119910/21/91 5,650.00 5,650.00 • ROLF E ERICKSON NOV FEE 01-4307-059-14 • ••*-CKS 301272 301272 301272 301272 10/21/9110/21/91 10/21/91 10/21/91 126.94 27.52 41.29 11.70 207.34 * 0 4'' SERVICES Q 4 h SERVICES Q 4 K SERVICES Q 4 K SERVICES MATS UNIFORMS UNIFORMS UNIFORMS 01-4231-129-31 72- 4221-549-91 73- 4221-5P9-92 74- 4221-5510-93 •••-CKS 30127S 30127S 301275 301275 301275 10/21/91 10/21/91 10/21/91 10/21/91 10/21/91 210.16 420 32 466.64 117.92 231.00 1.445.94 • GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC NOV INS NOV INS NOV INS NOV INS NOV INS 01-4151-121 31 01-4151-126-Jl 01-4151-129-31 01-4151-174-33 74-4151-590-93 •••-CKS 301294 10/21/91 9.99 9.99 *HAPPVS POTATO CHIP CHIPS 74-4902-591-94 •••-CKS 301334 10/21/91 199.94 199.94 •INNOVATIVE MICROGRAP MICROFILM 01-4306-039-12 •••••••••-CKS 301395 10/21/91 1 25 1 25 •KOEHNENS STANDARD SIGNAL LGT 01-4341-129-31 «••••■•••-Ch 301437 •0/22/91 1.537 50 1.537.50 •city OF AKE VORONYAK PROSEC REIM 01-4302-090-16 ••••a*•••-CKS 301439 10/21/91 17.39 17.38 • LONG LK FORD TRACTOR PARTS 01-4232-290-61 •••-CKS 301441 301441 10/21/91 10/21/91 12.05 10.45 23.40 • LONG LAKE TIRE SERV LONG LAKE TIRE SERV TIRE REPAIR TIRE REPAIR 01-4342-249-42 73-4342-569-92 aaaaaa •••-CKS 301462 10/21/91 1,144.41 MARTINS NAVARRE 66 AUTO REPAIR 01-4341-129-31 m,- k - <x». ^ .i 1991 CITY or 090N0 CHECK REGISTER' •*V ‘CHECK NO.DATE AMOUNT VENDOR ITE.M DESCRIPTION ACCOUNT NO INVb ; 1,144.41 -• *301467 10/21/91 120.00 MED CTR HEALTH CARE NOV INS 01-4151-069-15 301467 10/21/91 360.00 MED CTR health CARE NOV INS 01-4151-129-31;301467 10/21/01 462.00 MED CTR HEALTH CARE NOV INS 01-4151-174-33 4.’ '3U1467 10/21/91 231.00 MED CTR HEALTH CARE NOV INS 01-4151-249-42 ?1.173.00 m 301474 10/21/91 10.957.00 METRO WASTE NO/ 'EE 73-1282-000-00 r 10,957.00 % f P,301477 10/21/91 .25-MIDWEST BSNS PROD UFfICE SUPP 01-4210-039-12 301477 10.30 MIDWEST BSNS PROD OFFICE SUPP 01-4210-05S-14 301477 10/21/91 10.30 MIDWEST BSNS PRCX)OFFICE SUPP 01-4210-069-15 '301477 10/21/91 29.50 M1C.^'"ST BSNS PROD OFFICE SUPP 01-4210-129-31 k:301477 10/21/91 10.30 MIDv. , BSNS PROD OFFICE SUPP 01-4210-1/--3330147710/21/91 2.51 K SNS PROD OFFICE SUPP 01-4210-24'..42 ■ ’j 62.66 N 10 10/21/91 532.28 MIDWEST ASPHALT HOT MIX ,01-4233-249-42710/21/01 532 28-MIDWEST ASPHALT HeV MTC f 01-4233-249-42 re. 3. vie 10/21/01 532 28 532.28 MIDWEST ASPHALT H0V r^JZ K 01-423J-249-42 ■ . ". . 'i t 301334 10/21/91 60.94 MOTOROLA INC REPAIR 01 4341-290-61 ' i k 60.94 % : ■ 301546 ^0/21/91 200.00 NAA8 TERRI 9/23A10/U HTQ 01-4306-020-11^ > T- ■ 301346 10/71/91 100.00 NAAP TERRI FLAW MTG Oi-4306-174-33301S4610/21/91 100.00 NAA6 TERRI PARK MTQ 01-4306-290-61 V ■ '/ ■ ■ \ .•••••• 400.00 A .?r'-301397 lU/21/Oi 3.995.58 3.995.58 A PUBLIC EMPL RET ASSN PERA P/30-10/13 01-2031-000-00 301399 10/21/91 12.00 PERA INS NOV INS 01-4152-129-31I'-:12.00 • rI4 ' **•••• 1rv~301613 10/21/91 178.20 PERRYS TRUCK RETaIR REPAIR 01-4341-129-31 10-2S-91 PAGE •••-CKS • » a -CKS ••*-CKS * • A -CKS * a •-CKS CKS a • •-CK5 •*-CKS IPif.I:$ I & I S',.w Eiv. ^I-'m iMi cmCHECK NO Of (MONO DATE 301tlS 301I1SlOltlS SOltlS301I1S 301119301119 301139 301137 301141 10/21/91 10/21/9110/21/91 10/21/91 10/21/9110/21/91 10/21/91 10/21/91 10/21/91 10/21/91 » • CHECK REGISTERAMOUNTVENDOR ITEM DESCRIPTION 49 2927 22 22 94 4241 42 42-22.42 33.22 194.41 • 7.744.44 7.744.44 • WALOOR PUMP MAINT 11.70 11.70 • VEE LIN MUEQE 44.67 44.47 • WATER PRODUCTS CO FGT HYDRANT »10-28-91 PAGE 9 ACCOUNT NO. INV. 8 P.O 8 MESSAGE US WEST COMMUN TELEPHONE 01-4320-129-31USWESTCOMMUNTELEPHONE01-4320-249-42 US WEST COMMUN TELEPHONE 01-4399-049-19USWESTCOMMUNTELEPHONE72-4399-949-72USWESTCOMMUNTELEPHONE72-4399-949-72USWESTCOMMUNTELEPHONE72-4399-949-91USWESTCOMMUNTELEPHONE73-4399-949-92 73-4344-949-92 01-4381-039-12 01-4231-290-41 §301144 10/:1/91 7.90 7.50 WAYZATA BAY CAR WASH CAR WASH 01-4341-129-31 t'301149 10/21/91 39.00 39.00 ft WECKMAN STEPHEN MILEAGE 01-4381-174-33 301191 10/21/91 480.19 480.19 ft W HENN RECYCLING COM FEE 01-4304-299-45 1: -U 301901 10/21/91 40.00 40.00 ft LAKE CITY ICBO MEMBERSHIP 01-4380-174-33 301902 10/21/91 200.00 200.00 A LAKE CTY CHAPTER SEMINAR OMAN/VANQ 01-4354-174-33 o o oo e o 10/21/91 10/21/91 10/21/91 30.00' 30.00 30.00 30.00 ft NO STAR CHAPTER ICBO NO STAR CHAPTER ICBO NO STAR CHAPTER ICBO MEMBERSHIP MEMBERSHIP MEMBERSHIP 01-4380-174-32 01-4380-174-3201-4380-174-33 1 301904 iO/21/91 210.00 210.00 81 INTOXIMETERS INC REPAIR SENSOR LOT 01-4342-129-31 • • •-CKS • * >-CKS • dll -CKS -CKS • • •-CKS d ■ •-CKS •••-CKS • > .1 i-5 4 s ’.i I 1 ’'•fi i f \\IMl CITY OP ORONO CHECK NO. DATE CHECK REGISTER90190S10/21/91 301909 10/21/91 lOUNT VENDOit190.00 SPACELABS INC190.00 * 659.72 PRECISION TURF 659.72 • 21.210.55 FUND 01 TOTAL 305.60 FUND 12 TOTAL 7,463.55 FUND IS TOTAL 45.00 FUND 23 TOTAL6.391.24 FUND 24 TOTAL 251.36 FUND 72 TOTAL 16.938.74 FUND 73 TOTAl 1,147.70 FUND 74 TOTAL 02.753.84 TOTAL ITEM DESCRIPTION ACCOUNT NO. INV 10-21-91 PAGE ? • P.O. • MESSAGE .RENTAL ALO GRAN 01-4331-129-31 74-4231-S90-93 O O • GENERAL FUND PARK FUND BUILDNG CAPITAL OUTLAY F MUNIC STATE AID CONS FUN PERM IMPROVE REVOLVING F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD -CKS ,5 , J ' . l" . Till • dmk m:- ■\' /• *USER ACCOUNTINO00 isti CITY orNUN8ER OF NUMBER OF NUMBER OF LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL REPORTORONOREPORTSUPDATES RECORDS 1 2 3 4 $ 8 7 t 0 0 TOTAL QEHUNIS FINANCIAL SYSTEM650 1.026 0 0 0 34 0 0 1 0 2 1,065 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 09 ■sj10/22/91 PAGEFINANCIAL REPORTS SCHEDULED RUN DATE REPORT DATE 000000 000000 ACTIVITY REPORTS SCHEDULED RUN DATE 102291 REPORT DATE 102161 PAYROLL POSTING DATES 000000 000000 000000 000000 [I:!'I I. s. f. % I F I*. m H''jf C8. OOUNCii MEEhng OCT 2 8 1991 ^OPOHOMO \ . ■t- y. si/-: !iH>- I- r-f'- !^*v. $:trv-.. M-o-‘t'mw;/ .'■’^**;V' ••V ..t. >r'! \-' ■ ,V,T . If,.V:- t r-» *, . ••’.wv. !li'i4i- HINOTBS OP THE MEETING OP THE HOUSING AND REDEVELOPMENT AUTHORITY OP ORONO HELD ON OCTOBER 14, 1991 ROLL The HRA Committee met on the above date with the following members present: Chairperson Gabriel Jabbour, Barbara Peterson, J. Diann Goetten, Edward Callahan, Charles Kelley, Ron Moorse and Tom Barrett. Chairperson Jabbour called the meeting to order at 7:22 p.m. Chairperson Jabbour noted the reason for the meeting was to call for the sale of the bonds regarding the City facilities. He noted a resolution has been drafted by the Bond Counsel, which asked that proposals f<'r bonds be returned by November 12, 1991. Callahan noted that the repayment schedule on the bottom of the resolution calls for interest-only payments until 1994, final bond payment to be made in the year 2008, and a recall provision set at 8 years. Goetten noted that if passed, they will need to see a final draft of the resolution with all appropriate blanks filled in. Chairperson Jabbour noted that on November 12th the City will receive the bids from various agencies. The HRA will meet at 6:30 p.m. on November 12, 1991 to accept or reiect the bids. Carolyn Drude, Financial Consultant, noted that the choices at that time are to accept the bid offering at the lowest net interest cost, or reject all of the bids. Callahan reiterated that notice of this will be published in the official newspaper. It was moved by Callahan, seconded by Jabbour, to adopt Resolution #91-1, calling for the sale of bonds to finance the new City Hall facilities. Passed unanimously. Chairperson Jabbour adjourned the meeting at 7:27 p.m. Gabriel Jabbour, Chair ATTEST: Charles Kelley, Secretary i£uala|(a ?• 4 C-;r'--k -■.fe;v N..‘ •f:' f-’’ S-'si: VV'r • t ii fr’ Vi 'i:Ir. .1 t ! • t ’r- ‘ -■i f fcf i¥ ■ ;:V ^ *. • M'-s E COUNCIL'S OF ORONO & LONG LAKE: Up until now I have been silent concerning the issue of the Highway 12 corridor, & now I find it time to speak up; but not without some deep reflections. I grew up under the old rule where it was said; "SPARE NOT THE ROD." Because of this I learned the true value of life, & what it had to offer, plus I learned of the fairness of things; (right or wrong ) I grew up where it was taught that we all possessed the opportunity to become President & that the Government was a Government, OF THE PEOPLE, BY THE PEOPLE, & FOR THE PEOPLE OF THE UNITED STATES. I served my country believing this, & now to my dismay I find that this is not true any more. (IN THE TRUE SENSE). INSTEAD, IT WOULD appear, that things are like the sales ads papers, (FREE EGGS, OR CHICKEN, IF/ or with THE PURCHASE OF). LANGUAGE- -DECEIT. you see in the IN PLAIN And now it would appear that our Govenrments are OF THE RICH, BY THE RICH, AND FOR THE RICH. Harsh accxisations???? NOT AT ALL!!!!! And each & everyone of you know just what I mean. You all know that the Corridor 12 issue is going to be decided by the people with the BIG BUCKS, & not by the Middle Class, or the POOR who stand to lose the MOST. Rash statement you say? I don't think so. Look at the overall Geography of the situation. FOOOOUUURRRR.) $$$$S. Now, if the Highway 12 corridor goes through Long Lake it will take out houses, a few businesses, but HORRIFINGLY it will put 17 FAMILIES & 27 ELDERLY PEOPLE out on the streets, & that’s in one spot alone. And to top that off, NONE OF THESE PEOPLE ARE FINANCIALLY ABLE TO JUST PICK UP AND MOVE. BUT, OH WELL!!! SO WHAT . RIGHT???? I feel that this is a GREAT ERROR to make just because of PROGRESS. I am informed that there will be many others in the same area that will be forced to move, HOW IS THIS JUSTIFIED????? If it came down to a child’s life or the life of a so-called endangered Wolf, there would be no question in the mind of an animal rights person on who would die, & the same should apply to those people who will be put out into the streets because of Corridor 12 not going through some swamp just South of town. After all, it's done every day. Take a look at all the farms being developed into some Rich Nan's dream, so as to make a few BUCKS. What ever happened to the farms that were so common here in the West???? Every one a Wildlife area in itself. Cr 2 2(991 K-- r‘ ■t' :i’ {.: •' ;,-» ■ i 'H f V ■■i i'P' fK-' E.- >'■' ir'' 1^:; n- f i h B; r:r • ‘•t.-- ■, |!-A. u: .it ,r fir f ■ P"- ■'t"\' W W 'f- ,»■; ■' ;• >.-- V,. -- lei-- r’-' •'‘.'r'lV 1 rv; 4. J.' • CON'T P. 2Or is this question too difficult for MNDOT or the Environmentalists to answer, or is it an answer for the $$$S$$? And what is this TON and a half of BALONY with Orono vs. LONG LAKE???? I say GROW UP!!!!! ENOUGH IS ENOUGH!!!I You people work for us & we elected you, & I think it’s time that you start doing your jobs & start looking at the people who need your help, the ones who live in affordable housing & not just the ones with the bucks. I have heard all my life how great things were down here in the Twin Cities area, & you know what??? After living down here for the past years— "I DON'T GET IT.” I don’t think it is so great to put people out in the streets, especially since there is already a big shortage of affordable housing in the area alone. Up until now, the problem & news of the problem has been localized, & I am sure that if the word of this got out to other parts of the state, things won't be so great anymore. So this is what I would propose; Put the corridor to the South as it was originally planned, along the Luce Line or on it. Either way; BITE THE BULLET. Again I say to Orono & Long Lake to quit this business of MY DOG'S BETTER THAN YOUR DOG, & start working for the backbone of the real game of life; THE LITTLE PEOPLE, & not just the ones with the money, or the ones who have more. This is my opinion. Ed Burke P.O. Box 477 Long Lake, MN 55336 'I fr EfA r'. W JV ■ hu: .1' /• \ k:- ■*v.' ■*; L3t* ir- i K H«nry J. Kails StM RcpTMMtatlvt DMtet29B BkM Earth, Faribault. Freabom, Martin and Wasaca Countias Minnesota House of Representatives RobMl VarMMk. SpMtar CHAM, TRANSPOaTAnON SOMUniEE rTrianirmTT appropriation SfECO nomic development , infrastructure , and regulations division ; October 14, 1991 agriculture ; health and human services MEMORANDUM TO:Mayors,v-Clty Councils, Public Works Director and/or City Engineers of tne Southwestern Suburbs Chambers of Commerce FROM:Rep. Henry J. Kalis, Chair Covni^t^d^ on Tr^nsportation/MN House of Representatives SUBJECT: Transportation Committee Meetings As part of the House of Representatives October Mini- Session, the Transportation Committee will hold two meetings simultaneously as scheduled: TueedeT. October 2f. 2-4 P.,li Burnsville City Hall, Community Room 100 Civic Center Parkway, Burnsville Chair: Rep. Harold Lasley Shakopee Knights of Columbus Hall 1760 Fourth Avenue East, Shakopee Chair: Rep. Henry J. Kalis Agenda 1, Collector Streets: The problem and some possible solutions, including transportation utility fees 2. Local Transportation Concerns These meetings are open to the public. Please relay this Information to anyone you think night be interested. Thank you WMWilHiait.BcKaS.WMMw,MMnMBl ikm Misdns st PmA imnum 960B2 U1W e07)2>»8l47 f .■ fl Ji'' ^-' '. ■' 1. fc r; *.» . ir\: ■. r. •’ f-5:V^ C.*A- f :xt S‘ LAKE MINNETONKA CONSERVATION DISTRICT BOARD OP DIRECTORS AGENDA Public Hearing, 7:00 PM Regular Meeting, 7:30 PM Wednesday, September 25, 1991 Tonka Bay City Hall 4901 Manitou Road (County Rd 19) 7:00 pm:Public Hearing: Bupp Length and Dock Use Area Variance application affecting a wetland in Carsons Bay: 7:30 Pn: Begulnr Meeting: Board of Directors Call to Order loll Call OATH OF OFFICE, BOARD MEMBER INSTALLATION loading of Minutes ' 9/25/91 Board Meeting Public CoMients ~ From persons in attendance not on agenda Chair Anaouacaaeota, Cochran Coi 1. kittaa Reports BNTIROMHBNT A. Burasian Water Milfoil Task Force. Chair Reese 1) Poaition on EWM for Presentation to Select State Legislators, joint with LMLOA and the Task Force: Proposal for Inter-agency Initiative for Prevention of Zebra Mussel infestation into Minnesota lakes. Additional business recoaaended by the committee B. C. 2. B. WATBR STRUCTURES, Chair Grathwol A, Approval of minutes, meeting 10/12/91 Fee Study recommending approval of fee increases in two stagea per 10/3/91 schedules with adjustments to late penalties with wine and non-intoxicating beer license application fees subject to public hearing for consideration of increases. Three and Pour Boat Storage Subcommittee study recommending approval of dock registration as follows: 1) all residential docks storing 3 or 4 restricted watercraft, at a $10 fee, to include information as recommended: 2) all shared or combined residential docks at no fee, shared docks with 3 or 4 watercraft to be registered at one $10 fee. C. m fc.f- Sf t; r- • ifu r. > iV ? I Wi !5>I 4; » •r* ► - Board of Directors Agenda, 10/23/91, Page 2 0. B. P. G. Code Amendment to Section 2.03, recommending approval of adding dock license requirement for lakeshore sites utilizing high intensity lights; Letter of Petition to Minnehaha Creek Watershed District, to initiate the upper watershed improvement project for Long Lake Creek Deicing Applications recommending approval for: 1) New: Excelsior Park Charters, at Excelsior Park Tavern multiple docks. Excelsior Bay 2) Renewals: Minnetonka Yacht Club Carsons Bay Rockvam Boat Yards, L..tes 1 & 2 combined 3) Staff report on Greg Malik, 4908 Three Points Blvd, Mound, new deicing applicant: Additional business recommended by the committee 3. B. LAKB USB. Chair Pillsbury A. Approval of minutes, meeting 10/21/91 Resolution limiting signs in channels to navigational signs only recommending approval: Special Events recommending approval of deposit refund of $100 for the Nelson Wedding Fireworks, Stubbs Bay, 8/3/91 fiennepia County Sheriff's Water Patrol report Additional business recommended by the committee C. D. B. 4.FINANCIAL REPORTS. Treasurer Boswinkel A> Statement of Cash Transactions, month ending 9/30/91 B» Audit of Vouchers for Payment C. Third quarter financial report ending 9/30/91; 5. EXECUTIVE DIRECTOR REPORT, Strommen A* Purchase of Office Equipment UNFINISHED BUSINESS 1. Conflict of Interest Policy Statement; recommending approval using original language per 9/19/91 proposed statement NEW BUSINESS ADJOURNMENT I;-*-' •r- -t •b ■V. il H f ^'*'P/' f K I LAKE MINNETONKA CONSERVATION DISTRICT Board of Directors Regular Meeting, Wednesday. September 25, 1991 Tonka Bay City Ball Call to Order: The meeting was called to order by Chair at 7:35 p.m. Cochran Members Present: Bert Foster, Vice Chair, Deephaven; James Grathwol, Excelsior: David Cochran, Chair, Greenwood; Robert Plllsbury, Minnetonka; Scott Carlson, Minnetrista; Thomas Reese, Mound; JoEllen Burr, Orono; Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park (arrived as noted); Marvin BJorlin, Tonka Bay; David Bartos, Victoria: Thomas Martinson, Wayzata (arrived as noted); Robert Slocum, Woodland. Also present: Sgt. Wm. Chandler, Sheriff's Water Patrol: Charles LeFevere, Counsel; Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. Member Absent: Jan Boswinkel, Treasurer, Minn'--onka Beach. Reading of Minutes: Bjorlin moved, Rascop seconded, to approve the minutes of 8/28/91 meeting as submitted. Motion carried. Public Comments: There were no comments from persons attendance not on the agenda. Chair Announcements: Executive Session Notice: Cochran announced the Board will meet in executive session s'*-- the conclusion of the meeting to discuss pending litigation. Agenda Amendment: At e invitation of Chair Cochran, Slocum moved, Foster seconded, «o amend the agenda by moving the Advisory Committee report to the last item on the agenda, before the executive session. Motion carried. Committee Reports 1. LAKE USE. Chair Pillsbury A. Approval of Minutes. Pillsbury moved, seconded, to approve the minutes of the 9/16/91 Committee meeting as submitted. Motion carried. Grathwol Lake Use Map Update. Pillsbury noted the Committee discussion of the updating of the Hennepin County Lake Minnetonka map. He requested input to staff from all interested parties as to correct ons or suggested additions. Staff is also preparing some recommeujations. B. Signs in (Channels. Pillsbury moved, Foster seconded, to adopt a Resolution limiting channel signage to navigational signs only. Motion carried. !)• . ■'r; . ■4 LMCD Board of Directors September 25, 1991 C. Deposit Refunds. Pillsbury moved. Foster seconded, t approve deposit refunds of $100 each to the following* 1) Wednesday Night Bass Fishing. 6/12/91 through 8/21/91. 2) Mound City Days, Fireworks and Water Ski Show, 6/23/91. Motion carried. Babcock arrived during the following report. D. Bennepin County Sheriffs Water Patrol Report. Chandler reported the following* * The Don Shelby Invitational Bass Tournament was held 9/21 and 9/22 without any incidents. * Chandler noted the 73 BWIs reported in the 9/16/91 Lake Use minutes were for all of Hennepin County. 70 BWIs were issued on Lake Minnetonka. This compares to 93 BWIs issued in 1990 and 60 issued in 1989. This reflects a state-wide reduction of about 30Jft in BWIs issued. The reduction seems to reflect the designated driver campaign. * There was one drowning in tlae South Lower Lake area, determined to be accidental. This places drownings at 4 for 1991, none attributable to boating accidents. In 1990 there were no drownings, in 1989, 4 water related deaths. Bureau of Criminal Apprehension statics for the first six months show increases in enforcement and accidents. Attempts to locate people on the Lake is up 36% and total enforcement is up 5%. The two most frequently issued citations on Lake Minnetonka are Quiet Waters violations and lack of life saving devices. 2. WATER STRUCTURES, Babcock for Chair Grathwol A. Approval of Minutes. Babcock moved. Rascop seconded, of the minutes of the Water Structures meeting of 9/14/91 as submitted. Motion carried. Martinson arrived during the following discussion. B. Nagel Variance Application, St. Albans Bay, Greenwood. The Board received a recommendation from the Coi^ittee jipproving a Dock Use Area for Terrance Nagel, 21895 Byron Circle, Greenwood, of 50' x 50’ x 33’ as detailed on a site plan dated 9/13/91. An amended site plan dated 9/18/91 was received reflecting a more accurate shoreline of 53' ^ result the dimension of the DUA was changed to 53 x 53 to 30 which give Nagel a 10' setback on the i. ■►rth (Parris) side, and a corresponding 10’ setback on the south kSaucier) side. Motion: Babcock moved, Pillsbury seconded, to direct legal counsel to prepare an Order for the Nagel variance in accordance with the site plan drawing prepared by staff dated 9/18/91, tor consideration by the Board. - continued LMCD Board of Directors Septemb^T 25, 1991 r*.. r- ; r •r- Motion to Amend. Foster moved, Grathwoi seconded, to amend the motion by adding approval of canopies for Nagel and Saucier, neighbor tc- the south, granting variances from the 20' side setback requirement for canopies. Hurr asked that the DUA and the canopies be handled as separate items. Babcock noted that the Committee had not recoramended ti,pproval of canopies because there was not enough side setback to meet the 20’ requirement and there was no application for a variance from Saucier. The Committee minutes pointed out there is no hardship for a canopy variance. LeFevere said the revised notice of Public Hearing gave the Board the freedom to take whatever actions they feel necessary. Vote on Amendment. There were 5 ayes and 7 nays. The amendment failed. Vote on Motion. Motion carried. Nagel said that originally he had a dock and canopy which encroached to a greater extent on the Parris property. The dock was rebuilt for safety and to encroach less. They would like to replace what they had. Babcock noted that Nagel does not have the 20’ setback at the end of the dock. He mentioned that if the neighbors agree, on both sides, canopies may be included with their docks. C. Fee Study Subcommittee Report Babcock presented the proposed application fee schedule as prepared by the Fee Study subcommittee for the Water Structures Committee which recommends it for approval. Martinson, as Chair of the subcommittee, explained the rationale in developing the schedule. He said the reason for the review is that the LMCD is not recouping its cost of administration in handling licensing. It was determined that it was important to establish a fairness in sharing the cost between lakeshore owners and non~lakeshore users of the Lake. The subcommittee also considered the reasonableness of the fees based on the benefi^ to the license holders. Hurr added that out of 94 multiple dock licensees, 10 contributed to the n ..Ifoil program, which amounted to about 1% of the total milfoil costs over the last two years. In her judgment the multiple dock licensees are not contributing their fair share. Babcock called upon members of the audience to speak. Following are comments and responses where applicable from the Board: Mark Breneman, North Shore Drive Marina: The late fee for renewal is just another method of generating revenue. The LMCD does not take action against residential lakeshore owners renting space despite Breneman's calling attention to advertisements in the newspapers. As far as contributing to the milfoil program, not everyone is in agreement that harvesting is the best method. Breneman sees the increased fees as a method of controlling activity on the Lake. - continued ^■1 LMCD Board of Directors September 2b, 1991 Martinson responded that the late fee is an incentive for payment of fees on time The charter boat fee schedule is based on the benefit to the operator of having a license. He suggested many charter boat operators gross $250,000 a summer. Debbie Breneman, North Shore Drive Marina: She called action on a change in fees premature in viev/ of the financial difficulties some marinas have had in continuing to operate as a result of the drought. North Shore Drive Marina offered a charter boat for use in raising funds for the milfoil program. She further stated the figure of $250,000 gross from charter boat operations is "macabre". The LMCD could increase its funding by charging non-licensed renters of dock space. She admitted being terrified by the milfoil but feels there should be a greater attempt made to eradicate it. Neil Costagna, LMLOA: Asked if the license fee for special events cover hot water wash downs of boat hulls to control introduction of the Zebra Mussel into th.e Lake. Babcock responded tha^. new policies and procedures to address this threat will be considered by the LMCD over the winter months. Hurr added it could be a requirement of any Special Event Permit for which boats come in from outside Lake Minnetonka. Woody Love, Shorewood Yacht Club: States he operates a marina that does not gross $250,000. In recent years their fee structure has been reduced. They operate on a cash basis and cannot pay the entire license fee until they receive the income from their renters. He offered to open his books to the Board. He added that a serious problem to the marina operators is the competition from homeowners providing/renting slips to the public. He asked that the Board not vote on the schedule at this time and allow more time for dialogue with the license holders. Jerry Rockvam, Rockvam Boat Yard, Inc.: Stated his objection to a 50% increase in one year, he said there were several marinas last year which had slips they could not use because of the low water, and yet they had to pay for all slips to retain their density. He suggested looking to charging the homeowners who are renting space. He believes the market value of the marinas is going down. He also mentioned that marinas pay property taxes, a portion of which supports the LMCD. Hurr noted that marinas have substantial dockage in use on their shoreline compared to the four boat or 1:50 limit for homeowners. Vern Haug, Mayor, City of Tonka Bay: Haug feels this proposal should have been sent to the city councils. The Board should not take a vote until his council is made aware of the coat to their marina. He believes the Board owes that courtesy to the cities around the Lake. He nr>t.ed that Tonka Bay did n.. t use their slips in 1990 due to the div^ught, but paid the entire fee Martinson responded that the idea is to shift the cost burden from the non^iakeshore owner to those who use the Lake. Hurr added that under the proposal made by the Water Structures Committee there would be a 10% reduction in the cities' levy for 1992. LMCD Board of Directors September 25, 1991 Douglas Quimet. Lord Fletcher’s Apartments: Responded to Martinson's comments by saying their apartments pay $100,000 a year in taxes and the additional $5 per slip is just another added cost. Jon Kietzer, Seanote Cruises: The fee increase proposed for his charter boat reflects a 700% increase from 1989. when it was $50. In the meantime the fees he as a charter boat operator charges has remained the same for the past six to eight years. He says he has a good relationship with the City of Excelsior. He would like to work with the LMCD instead of having fees set arbitrarily. Paul Pedersen, Gray’s Bay Marina: Pedersen mentioned the difficulty in competing with the residential lakeshore owner as well as suffering through three dry years. He suggested a partial payment of the license fee at the time of application and the balance when the license is issued. They do not collect their fees until well into the year, usually February through May. Babcock noted that the dates for payment have not changed. Jim Rivers, Windward Marine: Rivers does not feel he can recoup the additional fee. He also mentioned renting of spaces hy the homeowners on the Lake. In his case he received a reduction in property taxes, insurance and garbage fees as a result of demonstrating a decline in business. Added comments: Mark Breneman: Suggested a user fee for all boats, as added financial assistance from the DNR. Grathwol moved, Pillsbury seconded, to refer the fee schedule back to the Water Structure Committee, carried. Hurr voting nay. Bob Schmitt, Schmitt’s Marina suggested charging a fee for boats brought to the Lake from outside. He commented that many marinas have been paying for empty slips. Cochran expressed agreement with Schmitt’s and Breneman's remarks about a user fee. Cochran said it is a prime objective in the Management Plan to get more funding of the LMCD from the boat users. He added that the Legislature and DNR control user fees. LMCD does not have jurisdiction to implement a user fee. LMCD needs more support from the Legislature. Debbie Breneman offered the help of the licensees in getting the necessary legislation but at the same time she said the LMCD must help them. She feels there should be a greater return of Hennepin County taxes to the LMCD. Don Germanson, LMLOA, offered their organization’s help. Rascop said it will be necessary to contact local legislators and convince the outstate legislators of the need. Strommen mentioned the application for funds which has been made to Hennepin County for the milfoil control program. He also said Hennepin County funds the Water Patrol at a cost of $450,000 a year with 00% of their services on Lake Minnetonka. Hennepin County also allocates $100,000 a year for the lake improvement program for buoy placement and channel maintenance. Babcock thanked the participants and asked that they put their thoughts and comments in writing for the next Water Structures Committee meeting on 10/12/91. as well proposed Motion LMCO Board of Directors September 25, 1991 D. Resolution to Minnehaha Creek Watershed District. Martinson moved, Bjoriin seconded, to instruct the staff to prepare a formal resolution to the Minnehaha Creek Watershed District petitioning them to move into the next phase of the Upper Watershed District Long Lake sub-watershed plan. Motion carried. response to a ^ estion from Rascop, Cochran stated there would be no cost to the LMCD. 3. ENVIRONMENT F i: % 5• % V ^ A. Eurasian Water Milfoil Task Force, Chair Reese 1) Operation Progress. Reese reported the season is over. 2) Preliminary financial summary. The program cost to date is $99,750 against a budget of $250,000 and actual receipts of $143,000. 765 acres were cut at a cost of $130 per acre based on the preliminary direct costs. Funding consisted of $63,000 from the cities, $30,000 from the DNR, $45,000 from private citizens and $5,000 miscellaneous. in view of the savings in 1991, Reese would anticipate income requirements not to exceed $200,000 in 1992. Reese and the executive director are scheduled to meet with Hennepin County 9/.26/91 to support a $71,000 matching grant application. During the earlier fee schedule discussion there were comments about the harvesting creating fragmentation which spreads the milfoil. Reese responded that the weed fragments by itself and there is also substantial fragmentation from the normal watercraft use of the Lake. Reese said there is no quick fix to the milfoil problem. At White Bear Lake, their Conservation District has undertaken the task of pulling the weed by hand, diving, one lady being among the divers. Reese reported the DNR is finding, at their roadside checks, that a high p^j^centage of boats traveling to northern lakes, are transporting milfoil ,, The use of SONAR in Libbs Lake, a small 25 acre area, destroyed all aquatic plant growth. He added that he had not heard of any fish kill from the use of SONAR. Zebra Mussel: Neil Costagna, LMLOA, expressed the hope that the LMCD will require hot water wash downs of boats entering the lake from outside areas during special events. Hurr said it would be difficult to enforce considering the number of accesses to the Lake. Foster mentioned information he has heard that the sebra mussel is also transported by water fowl. Babcock commented that the sponsors of the Don Shelby Bass Tournament very responsive to the LMCD request that their participants be advised of the need for a hot water wash down of their boats. This was to destroy Zebra Mussel larvae if a boat had been in the Mississippi River where one Zebra Mussel was found near LaCrosse. .-?• r rr b:I t- .^' LMCD Board of Directors September 25, 1991 5. yiHAMCIAL REPORTS, Strommen for Boswinkei A. Rascop moved, Bjorlin seconded, to accept the Statement of Cash Transactions, month ending 0/31/91, as submitted and ordered filed. Motion carried. B. Babcock moved, Rascop seconded, to approve Payment of Bills in the amount of $31,476.30, checks No. 8132 through 8184. Motion carried. C. Rascop moved, Bjorlin seconded, to approve the Second Quarter Financial Reports of the General Fund. Save the Lake Fund and Milfoil Fund as reviewed and submitted by the executive director. Motion carried. 6. EXECUTIVE DIRECTOR REPORT. Strommen A. Technical Review Committee Progress, Shoreiand Rules Adoption Progress. Strommen reported that the Technical Review Committee has been meeting twice a month since July. Eleven cities have been participating. The cities have been very open and cooperative. Jim Ottley is serving as Chair and one or two DNR representatives have been at all meetings to serve as resource people. Of the three non-participating communities, Orono and Wayzata are well along in preparing their Shoreiand ordinances. Qj^eonwood is expected to start soon. The cities will receive their 50% MN DNR advance for expenses this week. B. Community Contacts. Strommen reported he spoke to the Wayzata Rotary Club early in September. He updated members on the Management Plan progress to date. He found the members responsive to the presentation. Strommen participated in a Freshwater Foundation Lake Mauiagement Forum to develop an initial assessment of the concerns for managing Minnesota's lakes. There is a concern about state, regional and local overlapping responsibilities. The Freshwater Foundation received a $200,000 grant from the Blandin Foundation for an eighteen month forum to study lake management in Minnesota. The Environment Quality Board has also taken the ini^iflitive to begin a report on what the state agencies such as the DNR, PCA and EQB are doing in their role as lake management agencies. Strommen said this is an introspective period by the state agencies. He will keep the Board informed and supply material as it is developed. ... , . Strommen reported he has been participating on the planning committee as a Board member and officer of the MN Lake Management Federation annual conference which he and Thibault will attend 10/27 - 29. ■1^ 4:; LMCD Board of Directors September 25, 1991 UNFINISHED BUSINESS 1. Conflict of Interest Policy The Board received a proposed conflict of interest policy statement from the subcommittee appointed by the Board to develop the policy. Grathwol moved, Hurr seconded, approval of the Conflict of Interest Policy Statement with items 2) and 3) to be changed by adding “To/” at the beginning of each sentence. Slocum said the change in wording changes the meaning. lioFevere said that adding the word "To goes beyond the intent of the committee. Hurr moved, Grathwol seconded, to table the discussion. Motion carried, Cochran voting nay. NEW BUSINESS Grathwol presented the Nominating Committee nominations for the LMCD 1991-1992 officers. Grathwol presented the name of David Cochran for the office of Chair. There were no nominations from the floor. Pillsbury moved, Foster seconded, that nominations be closed. Motion carried. Grathwol declared Cochran elected Chair of the LMCD Board of Directors for the 1991-1992 term. Jonothan White, reporter for THE WEEKLY NEWS, asked about a report that the City of Greenwood will not re-appoint Cochran. Cochran said the city has changed its position and re-appointed him. ^ _ Grathwol presented the names of Bert Foster and Thomas Reese for the office of Vice Chair. There were no nominations from the floor. . ^ u ..Reese spoke on his behalf as a nominee, asking for the votes of the Board members. Foster also offered comments on his behalf, asking for the support of the Board members. Ballots were distributed to the members. LeFevere and Recording Secretary Weidner served as tally clerks. Upon counting the ballots, LeFevere declared Reese the recipient of the majority of the votes. Grathwol declared Reese elected Vice Chair of the LMCD for the 1991-1992 term. Grathwol submitted the name of Douglas Babcock for the office of Secretary. There were no nominations from the floor. Pillsbury moved, Bjorlin seconded, to close nominations. Grathwol declared Douglas B^nbcock elected Secretary of the LMCD for the 1991-1992 term. Grathwol submitted the name of Jan Boswinkel tor the office of Treasurer. There were no nominations from the floor. Martinson moved, Pillsbury seconded, to close nominations. Grathwol declared Jan Boswinkel elected Treasurer of the LMCD for the 1991-1992 term. Pillsbury and Bjorlin were excused at this time. i.... .. ^ n •f,. }: ■ > LHCD Board of Directors September 25« 1991 4. ADVISORY COMMITTEE. Chair Rascop A.Review Draft Management Plan for Lake Minnetonka. Chair Rascop called attention to the draft copy of the Management Plan provided each director, as well as a critique of that draft dated 9/23 prepared by Consultant Dave Arndorfer, delivered to all directors 9/24, and a further critique of 9/23 distributed at this meeting. Rascop asked the board’s consensus on- 1) Reviewing the eight pages of Arndorfer's 9/23 critique and three pages of the 9/25 critique in conjunction with the board’s review of the draft planned of this meeting, and . . . 2) Subsequent, acceptance and forwarding of the final revised draft to member cities and affected agencies. It was the boa-d member’s consensus that the Arndorfer memos be reviewed item by item for consideration in the draft for cities and agencies. B Facilitator Jim Uttley opened the board review with jj©fej^©nces prepared from Arndorfer’s memos as well as any other item the board may want addressed in this review. Six pages of documentation to support the changes discussed with the board have been provided by Uttley subsequent to this meeting for the LMCD record. Copies are provided to LMCD board members and are available on request from other affected cities/agencies. C. Additional changes proposed by board members were: 1) Rascop proposed deleting the last sentence of item **g*‘, p. 82, which was agreed upon. Rascop further questioned LMCD being the lead agency for providing boat accesses in last Work Program Activity item, p. 90. Recommendation was agreed to change “provide" to "identify" to resolve the question. 2) Grathwol questioned the last sentence, 1st para, p. 39, as to this item being LMCD present policy. The Board concurred the statement is correct, leave it in. P. 85, first sentence of 4th para, recommended to be deleted. Appendix 1-2, recommended use of word “usurp", substitute with "preempt". D.Bill Bidun, Tonka Bay, asked the board whether it has considered a budget for the plan to determine if the cities and all the people can afford to do this plan. Carlson responded that the plan, mandated by the Metropolitan Council, addresses where the funding is to come from. Rascop added that if LMCD does not get funding, then the task does not get done. -continued wf' LMCD Board of Directors September 2b, 1991 E.Duane Marcus, Waysata, asked what monies are due Consultant Arndorfer, if any. The executive director responded that a $5,000 balance is pending on the $250,000 contract. The board then discussed at length the procedure for review by the cities and agencies in advance of the final draft adoption at the special board meeting recommended for Wednesday, October 16. Upon a review of the various options, it was moved by Hurr, seconded by Rascop, that the draft as amended at this time be distributed to all affected agencies and the LMCD member cities, to include all mayors, council and administrators of the cities, with the evening (5:30 p.m.) of Tuesday, October 0, to be held open to consider substantive comments of agencies. and city comments to be received until October 11. for final review of the Management Plan for Lake Minnetonka adoption and submission to the Metropolitan Council for review. Motion carried unanimously. There being no further business, the meeting was adjourned at 10:50 p.m. The board re;*onvened for an executive session to consider matters under litigation. David Cochran, Chair Douglas Babcock, Secretary Wk- k' ■ a-. tfv Mr . ■ k, I?<T 'r 'f' I I :v-> :ikr-^r-.r- p I" rh' r { K i,’ h if I fci.N«'&w d^lr-y'^^ ,. LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Water Structures & Environment Committee Meeting:7:30 AM, Saturday. October 12, 1991 Norwest Bank Building, Wayzata, Room 135 Members Present: James Grathwol. Chair, Excelsior: Marvin fijorlin. Tonka Bay; Robert Pillsbury. Minnetonka; Thomas Reese, Mound; JoEllen Hurr. Orono: Robert Rascop, Shorewood; David Cochran, Greenwood: Thomas Martinson. Wayzata. Also present; Rachel Thibault, Administrative Technician. The meeting was called to order by Chair Grathwol at 7:30 AM. ENVIRONMENT 1. Eurasian Water Milfoil Task Force. Chair Reese A. Weed Harvest Program Reese reported on the conclusions of the weed harvest program. Based on this year’s experience -he milfoil budget can be reduced for 1992, to around $200,000. Barges did increase the harvesting program s efficiency , but they do require high volume harvesting to justify their cost. The insurance costs are high. LMCD is paying over $15,000 per u • • .1,Reese continued that training prior to beginning the harvesting program will be a priority. If there are as few weeds next year as this year, while good news, it will be difficult to hire a crew and keep them for the summer. A procedure to sustain harvesting on a smaller scale may be an option. Overall the program was satisfactory, Reese concluded. B. Initiative to address prevention of Zebra Mussel infestation into Minnesota lakes The LMCD intends to work with the DNR. LMLOA, regional and state agencies to take a proactive stance regarding the spread of Zebra Mussel. Reese commented on a discouraging article about the Zebra Mussel infestation in Chicago Harbor. The LMCD Board will be asked to consider supporting an interagency agreement through which the Eurasian Water Milfoil Task Force will undertake to develop a proactive program for lakes state wide. Reese warned that it is critical to respond quickly toward prevention of Zebra Mussel spread or it will be too X^te* It will take exceptional measures to prevent the mussel from entering Minnesota’s lakes. An interagency agreement will need authorship and statewide support from ail stake holders. a- ar « ^ F f- t:-' (> 'fc Cf> t'-‘ y. ri:n •>? ^:- i^;- ikr'H- Fv ?-:;■ i;- ky i f: - i^: >rV:,.m Water Structures & Environment e 3. 10/12/91. Page 2 Jim Dunn. Lakeside Karina, said that quarantine may be the only way. He commented it may take Loo long to get legislation that addresses the problem. Chair Grathwol said that it will take everyone working together, but even at that there is no guarantee efforts will be successful. There is a need to educate each other about what can be done such as saline solutions for boat interiors, high temperature hull washes and drying out boats. He encouraged the marina operators to participate in prevention efforts. WATER STRUCTURES 1. Fee Study Subcommittee recommendation Grathwol advised that a copy of the revised proposed fee schedules recommended by the Fee Study subcommittee was mailed to the marina and charter boat operators who attended the 9/25/91 LMCD Board meeting. The subcommittee recommended that the fee increases be implemented in two stages. The first stage. Watercraft Storage Units (WSU) would increase from $10 to $12 for the 1992 season. The second stage increase would be to $15 per HSU for 1993. The increase on deicing applications would not occur until the 1992-93 season. The charter boat application fees would be increased for the 1992 season, with changes as follows! passenger capacity ovtr 50 - 99, $300; passenger capacity over 100, $400. This reflects a $75 and $100 decrease respectively from the original proposal. Martinson arrived. Grathwol asked for discussion. Cochran asked wliat consideration the subcommittee gave to the letters and comments from marinas and »;harter boat operators as to the hardships of economics and timing. Grathwol commented the subcommittee reviewed the late Fe0S and decided there was not Justification for changing the due date for multiple dock license from December 1. Therefore, the recommendation for late penalties remain unchanged. The process to review license renewals by the staff, committee and the Board is such that it begins in December. It is otherwise not practical to complete the licensing process by the season start in April. Grathwol explained that marina hardship was weighed against an attempt to shift the burden of LMCD operation costs from heavy reliance on property taxes to more user fees. Staging of the increases allows marinas time to pass them on to the lake user. Martinson also said that increased revenues are required to manage the lake. Use demand on the lake will be going up. I'. Hater Structures and Environment Minutes, 10/12/91, Pago 3 Grathwol added that the LKCD supports the marinas being on the lake, but they must recognize that licensing grants a semi-monopoly for them. They will need to help share the costs to manage the lake. Jerry Rockvam. Rockvam Boat Yards, commented that while he originally questioned whether the cost to administer licenses had gone up, iie understands now that the increase in fees on multiple docks is to have more money for operating expenses. Grathwol responded that this is not correct. What is being reviewed is the actual overall cost of the licensing program against the revenue coming in. The licensing program cost has been paid in part by tax revenues from the cities. The increases more fairly cause the licensing program to cover the cost to administer the licensing program, leaving the tax funds to support the rest of the programs. Martinson commented that he personally is hit twice by the increase, as he rents two slips at marinas, and pays property ta.xes. Deb Brenemanp North Shore Drive Marina, stated that the marinas also pay property taxes. She supports user fees, but foels that the users that do not use the marinas should be paying also. Those who use public landings compose a large number of users. She also commented that homeowners who rent slips to outsiders are not paying the LMCD. Breneman continued that this is a bad time for raising fees with the economy in a recession. Charlie Jones, Boat Rentals of Minnetonka, said that marinas have had to discount rates for slips due to the (prsviously) low water. The proposed 50^ iticrease is on much less income. The perception that marinas are making money is incorrect. Where previously slips were renting at $1100, they are now going for $500. People are not reserving slips for the next year until late spring. . l t j u u Jim Dunn, Lakeside Marina, said that with the debt he has been experiencing, he does not expect to make money for two to three more years. On his charter boat, he expects to wait five years before he gets any return on his investment. The economy is THE issue. Generally, people are not paying the same way they did during the better years. In 1987 the LMCD rates went up substantially, about the same time the drought hit. Rates charged for slips have not gone back up. Revenues are half what they were before 1987. The late penalties are an insult. He s .ggests meeting with members from the industry to review the schedule. eie Jim Bean, Bean’s Greenwood Marina, questioned the 515 increase per slip. He pointed out the fee is charged by HSU, not slips. Bean also said he has been paying for unused slips. _ _ _ _ _J r r. t;- 5<s.i Water Structures & Envirotiment Minuti'c, 10 P"»Re ’* Don Germanson, LXLOA . said that while the revenue discussion was on, he would like to offer support of the LKLOA toward implementation of a user fee for boat launch ramps, including going to the legislators for authorizar‘on to do so. JoEllon Hurr said that two major public ramps are under Hennepin County jurisdiction. Hennepin County totally funds the Water Patrol at approximately $A00,000 per year, and Lake Minnetonka receives 80!5 of their service. The ramp maintenance and Water Patrol are funded by Hennepin County tax payers, whose boats use the ramps. Mark Breneman, North Shore Drive Carina, stated that the marinas pay taxes, Orono licensing, LMCD licensing and taxes at home. He noted that the largest penalty for not paying on time is on marinas. Hurr remarked that the multiple dock licensing includes homeowners associations, yacht clubs and municipalities, as well as marinas. Rockvam questioned not increasing the fees charged for District Mooring Areas (DMAs). The charge is $25 per buoy, yet they take up more water surface that a slip. He added that the liquor license is the only license that is a privilege license. Other permits fees have to be directly related to administrative costs. Dunn said that while there is nothing the LMCD c.an do to implement fees oh accesses, in other states they do charge user fees. The LMCD needs more creative ways to charge users. He continued that the LMCD needs to address the issue of homeowners renting slips and enforce the number of boats stored illegally. Grathwol responded that the LMCD is .attempting to address the issue with an item later on the agenda. Neil Costagna, LMLOA, spoke to clarify what Hennepin County contributes to the Water Patrol. He said that per the Long Term Management Plan, page 24, of the current $350,000 budget for the Water Patrol, 40^ comes from the DNR and 60^* from the Hennepin County Board. Grathwol moved, Hurr seconded, to recommend to the Board the changes recommended by the subcommittee as followsi that the fee increases be implemented in t“c stages, per attached schedules dated 10/3/91, for the 1991-92 season and the 1992- 1993 season, with wine and non-intoxicuting beer license application fees subject to a public hearing for consideration of an increase, to be adopted by resolution of the Board. Discussion: Cochran said he believes the recommendation is on the riqht track. The Mar:?vement Plan reiterates the commitment t- > after users as the ■•' tn source of funding. Other s ts are being worked on including the question of how to t plish charging all boat.s using the l.ake. Ramp accesses H- t' t: ; ■v<: 11'’. r t r »■ I ,'V :■ I It: ►■'- Water Structures & Environment Minutes, 10/12/91, Page 5 are also an issue. He stated his coticern on the part of those affected about the timing and economy. Cochran moved, Pillsbury seconded to amend the motion to postpone the increases for one year. Motion to amend failed; Martinson, Reese, Hurr, Rascop voting nay. Hurr commented that the staging of the increase was done to address that concern. Regarding the original motion, Reese said that the fee schedules were ok, except that he would like to see something done with the late penalty. He suggested staff work to develop a late fee to encourage payment on time without being punitive. There was discussion on how the timing of when payments were due could be adjusted and whether applications could be accepted without full payment. Tt was agreed to pursue further the timing of then fees are due. Martinson moved, Bjorlin seconded amend the motion to refer back to subcommittee as it relates to pon.ilty for late payment and timing of payment. Motion to amend carried, Rascop voting nay. It was suggested that a recommendation could be made at the Board meeting. The original motion, as amendec., carried. 2.Excelsior Park Tavern Report Excelsior Bay, Public Hearing CrathwoJ reported that the City of Excelsior and the LNCD have approved a multiple dock license for Excelsior Park Tavern. One of the amenities required was to have charter boats storage at their docks. The City of Excelsior said they couldn't operate charter boats at their docks, so a public hearing was held to review the license amenities. The City of Excelsior then clarified that it approves charter boat storage, but not originating tours due to parking deficiencies. Discussions held with city officials, and Excelsior Park Tavern ownc^i with Grathwol, and the executive director resulted in a recognition that the license is meeting its license requirements. Grathwol moved, Reese seconded, to recommend that the applicant has met the requirements of the new dock license in exchange for public amenities, and therefore should be authorized to continue operating its docks under the current configuration with 32 slips. The reconstruction and installation of new docks for 40 slips is still contingent on the City of Excelsior’s approval of the Environmental Assessment Worksheet required for tfie expansion. Grathwol said the amenities were for the change from 32 transient to 10 transient and 22 storage, inr.luoing 4 charter boats. Excelsior has prohibited loading and unloa<ling charter boats at the Excelsior Park Tavern clocks. rr. '■ 'X. •t ■i Water Structures ^ Environment Minutes, 10/12,'M. Page 6 There was discussion about where the loading and unloading would be done. Grathwol responded that it will be done at the municipal docks or elsewhere. Parking was a major concern of the City. There was further discussion about whether Excelsior Park Tavern met the amenity to store charter boats, thereby fulfilling the license requirements. Due to the late clarification with the city during the public hearing the Tavern was unable to attract charter boat storage for the 1991 season. Grathwol moved to table the Excelsior Park Tavern public hearing report for further review by committee. Notion carried. Staff was directed to supply the committee with more information on the licensee and the amenities. 3* Three and Four Boat Storage Subcommittee report Grathwol reported on the recommendations of the Three and Four Boat Storage subcommittee. Grathwol moved, Pillsbury seconded, to recommend the following: 1. A registration be required of all reiiidential docks where three or four restricted watercraft are stored, fo be accompanied by a SIO registration fee, owner's name, number of watercraft to be stored, boat registration numbers, boat owner's name, size of watercraft, shoreline frontage and lake location. 2. All shared or combined docks be registered, with no fee for those with 2 watercraft, but one $10 fee for those with 3 or 4 watercraft. Motion carried. Grathwol reported that the committee has been looking at ways to establish more data on boats stored on the lake. This would help identify boat storage congestion in areas where lots are smaller that 100 feet, with more that one watercraft per 30 feet, as well as situations where there is a boat storage conflict between properties, or where an area may be a "party" location. The subcommittee re\iewod the issue of persons renting out space at their docks. It is difficult to prove that people are renting, in some ca ;s there may be no money exchanged. The first thing the subcommittee recommended is to collect more information. The storage of 3 and 4 boats is an area where it may be necessary to determine wliether a violation exists. L- . ! ‘ Water Structures & Environment Minutes, 10/12/91, Page 7 Reese asked whether personal watercraft are included as restricted watercraft. Grathwol confirmed that personal have heen incl** .d and counted in the number of restricted w.jtercraft unle stored on land away from the lake. Germanson asked whether personal watercraft stored along the shore would count as restricted. Grathwol advised that if the personal watercraft were stored above the 929.4 elevation, they would not count. 4. Policies & Procedures subcommittee report is report was postponed because Chair Babcock was not present. 5. Petition proposal to the Minnehaha Creek Watershed District (KCWD) Grathwol advised that staff received a communication from the MCWD that because of changes in the laws, the LKCD no longer is authorized to petition the MCWD. Grathwol moved, Rascop seconded, to recommend that the Board, by letter, petition a proposal to MCWD to initiate the uppar watershed improvement project for Long Lake Creek. Motion carried. Grathwol confirmed there will be no cost to the LMCD. Proposed Code Amendment regarding High Intensity Lights Reese explained that the number of high intensity lights at lakeshore sites has increased around the lake. The has a proposal for an amendment that sites seeking to install such a light will need to apply for a license from the LMCD, so the applicant can be advised as to the type of lighting that would be acceptable. Hurr moved, Pillsbury seconded to recommend the amendment to Section 2.03, adding Sites from Which Artificial Lights Ar- Directed at tlie Lake" and the sentence, "No person may locate, construct, install or maintain a dock at any site on the Lake from which an affixed, unshielded, artificial light is directed at any part of the Lake beyond the dock use area for that site unless licensed by the Board I r- L'-. I'l Fr ? i- IIr f!I •V .I-- -i S‘ Water Structures & Environment Xinutes, 10/12>*^1, Page 7. Deicing applications Thibault referred the coniniitteo to a handout listing the deicing applications, noting that one additional new application not on the list had come in. Two new aeicing applicants are: Excelsior Park Charters, at Excelsior Park Tavern multiple dock, to deice around the charter boat; Greg Malik, 4908 Three Points Blvd., Mound, Jennings Bay, permanent dock. There are two renewal applications: Minnetonka Yacht Club, at Carsons Bay and Rockvam Boat Yards, Site 1 and 2 combined. Hurr and Reese commented that Malik has rented boats at hia dock. There was concern that he had more watercraft that authorized at his dock, possibly requiring a multiple dock license. ^ • Hurr moved, Reese seconded, to table Malik s application for further staff investigation as to whether a multiple dock application was required. Motion carried. Grathwol moved, Pillsbury seconded to approve the new application for Excelsior Park Charters, and the renewal applications for Minnetonka Yacht Club and Rockvam Boat Yard combined site 1 and 2. Motion carried. 8. White Bear Lake Conservation District s policy regarding styrofoam in docks Grathwol advised from staff inquiry that rhe White Bear Lake Conservation District has no specific ordinances against Styrofoam in dock construction, however they have a policy that it not be used. There has been voluntary cooperation with this policy. There was a question regarding a report that Orono council member Gabriel Jabbour had offered to find out more about styrofoam. Hurr said she would check into it. 9. Adjournment AM. The meeting was declared adjourned at 9:30 FOR THE COMMITTEE: Eugene Strommen, Executive Director James Grathwol. Chair «... . A . . r- ■ « f'LAKE MINNETONKA CONSERVATION DISTRICT LMCD PEE STUDY 1991 APPLICATION PEE SCHEDULE PROPOSED FOR 1992 - 1993 SEASON TTPB OF LICENSE APPLICATION PEE LATE PENALTY rf:'-; Fr •p-: Httltipl*’ Docks Now License $500 ♦ $15/WSU Attended License $100 ♦ $15/WSU (ttinor chenge not requiring a public hearing) ReneWsl w/o change $ 50 ♦ $15/WSU (Late penalty is X of application fee) DMA's Daieiag $ 50 + $25/buoy $100 + $1/WSU with $25.00 minimum Special Brents*$100 ♦ $10/day over 4 Passenger Charter Boats Caoacitv Peg.# fil <LiB 0-24 $125 (2) 25-49 $250 (2) 50-99 $300 (19) 100 +$400 (3) $100 minir’«m vs. lOX after 12/1 20X after 1/1 30X after 2/1 40X after 3/1 50% after 4/1 $ 50 $ 50 up to 12/1 $100 after 12/1 $100 < 60 days $ 50 after 3/1 $100 after 5/1 iJr-uor w/Sunday Viaa w/Sunday Hoa-Iatoa. Beer fariaaeas Spoeial Oaasity $3150 $450 $300 $500 $300 ♦ $50/BSU Farttaaaat Docks $150 y ■■ h'->v' Mote: After-the-fact applications - double fee ($300) >r'Charge actual processing costs w ■w>- I' BAM Isad BIS Doposits: Recottttend retaining for Deicing and Special Events. Racottttend eliainating deposits, but charging hig would be Dock Licenses. Variances and Special Density. couf required to sign a statement agreeing to reimburse the LMCD for costs incurred over the application fee. 10/3/91 LAKE MINNETONKA CONSERVATION DISTRICT LMCD FEE STUDY 1991 REVISED APPLICATION FEE SCHEDULE PROPOSED FOR THE 1991-1992 SEASON J CITfCf OROtM ) y • TYPE OF LICENSE APPLICATION FEE LATE PENALTY Nttltipls Docks Mow Licofioo $500 ♦ $15/HSU Aaondod Liconso $100 * $12/HSU (ainor chongo not requiring a public hearing) F^Vv.<^«ltonewal w/o change r* ""i (L«te penalty la X $ 50 ♦ $12/WSU of application fee) OHA'a Deicing $ 50 ♦ $25/buoy $125 Special BTonta $100 * $10/day over 4 Mf 21 m $100 ainiauiB v lOX after 12/1 20X after 1/1 30X after 2/1 40t after 3/1 SOX after 4/1 $ 50 $ 50 up to 12/1 $100 after 12/1 Passenger Charter Boats Caoacity fsn # 9t 5 .l1 0-24 $125 (2) 25-49 $250 (2) 50-99 $300 (19) 100 ♦$400 (3) $100 < 60 days $ 50 $100 after after 3/1 5/1 j.v Liquor w/Sunday Mine w/Sunday ■oa-Intox. Beer Yarianees e Bpaeial Density $3150 $450 $300 $500 $300 ♦$50/BSU faraanent Docks $150 Mote: After”the-fact applications - double f«e ($300) f. _ _1AM and BIS Charge actual processing costs Deposits: HeeoMend retaining for Deicing and Special Events. , ..Mseomiend eliainating deposits, but charging higher base fees for New Dock Licenses. Variances and Special Density. Applicants would be reinhurse th€ LHCD for cootsP-required to sign a stateuent agreeing to incurred over the application fee. 10/3/91 f-i: LAKE MINNETONKA CONSERVATION DISTRICT • - .j LAKE l"'E COMMITTEE AGENDA 0CX 1 T 1991 Monday, October 21, 1991, 4;30 PM LMCD Office, Conference Room 900 E. Wayzata Blvd, Suite 1)5 (Elevator access for Handicapped; use west entrance on Wayzata Bivd. A. Hennepin County Map - staff proposal for changes, for additional committee input: B. Draft of Resolution to limit signs in channels to navigational signs only; C* Special Events - Deposit Refund of $100 for the Nelson Wedding Fireworks display, Stubbs Bay, 8/3/91 0.Hater Patrol Annual Recognition Dinner: 1. Discuss recognition that LMCD can pay to Water Patrol at its December recognition dinner 2. Review with Water Patrol the "Save the Lake" program special needs funding E. Water Patrol Report F. Additional Business recommended by the Committee 10/11/91 J r*. rfr-;NOlUTES OF THE REGULAR MEETING OF THE SCHOOL OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON SEPTEMBER 23, 1991 n "ocr 1 7 1991 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, September 23, 1991 at 6:00 p.m. Present: David McKown John Maresh Peg Swanson Martha Van de Ven Thomas Mich Neal Lawson Absent: Don Anderson James Franklin Or. Mich stated that the reason for the Board meeting time being changed is due to the fact that at the high school tonight there is a meeting for senior parents and Back to School Night followed by the coronation for the homecoming activities this week. Dr. Mich reported that Dr. Greenfield's father is critically ill and he has been In Chicago for the past few days; that he was distributing an article from the SAILOR regarding Orono*s preschool program; that congratulations are in order to those who organized the opening of the Olympic program last Friday at Schumann Elementary as well as to the students for their superb participation. At this time Cheryl Blonigan, on behalf of the Olympic committee, presented each teard member with a t-shirt in appreciation for the support received from the Board of Education. Or. Mich distributed the new Orono High School student handbook, which was developed by Dr. Greenfield and his staff, and he expressed appreciation to them for their work/efforts in providing this handbook for the students. Or. Mich reported that Orono is one out of seven school districts in the State that received an exemplary rating for their planning, evaluating and reporting for last year or their Annual Report; that he wanted to share with the Board a news release announcing the formation of a task force which will prepare a youth development/youth service plan during the coming year; that he wanted to express appreciation to Greg Alshouse and Keith Anderson who not only raised the money but also organized a work force to make improvements this past weekend to the baseball diamond; that a handicapped lift is being installed at the Orono Primary School. A...i UPON MOTION by John Maresh, seconded by Peg Swanson, the consent agenda was approved as follows: - approved the minutes of the September 9, 1991 regular meeting; - approved the following coaches for fall sports: Steve Boylan, assistant football coach; Lowell Seashore, head soccer coach - boys; Brad Carlson, assistant soccer coach - boys; Manuel Jordan, assistant soccer coach - boys; Jane Schleisman, assistant tennis coach - girls; Julie Lingo, head volleyball coach; Daun Henning, assistant volleyball coach; Patricia Burns, assistant volleyball coach; - approved the appointment of Denise Smith as a part-time paraprofessional at Orono Primary School; - approved the appointment of Donna Hamilton as a part-time paraprofessional at Orono Primary School; approved the appointment of Karen Speeter as a part-time paraprofessional at Orono Primary School; - approved the appointment of Rebecca Byington as a part-time cook at Schumann Elementary; - approved the appointment of Marsha Evans as a part-time custodian at Orono High School; • approved the appointment of Patrick Frost as a part-time custodian, district'wlde; - approved the bills as covered by vouchers 071230 through 071401. Carried unanimously. At the direction of the Board of Education, Dr. Mich will send a letter to the Department of Education supporting outccwie based education but expressing con­ cern regarding the practicality of writing graduation requirements in outcome based education form. Nell Lawson reported on the Planning Commission meeting which addressed the pro­ posed water tower on the property across the street from the campus. Mr. Lawson responded to questions from the Board for clarification purposes. Dr. Mich presented to the Board the following long-range planning target areas which were developed after discussion at the last Board meeting. The consensus of the Board was to proceed with these areas as presented and Dr. Mich will con­ tact Board members to serve on these committees. fr 1 &•' u.|| W' '-’r;,K' « Il-^-e:^: S'V- ■i.-. *im fft'l I' !■ f;’ t" ?■■ ■ ^#4 .1» ■fi; 'i.*i:Uf'.‘ LONG-RANGE PLANNING Tentative Target Areas; - FACILITIES This conmittee already functions for the District and would be asked to de­ velop a view for the future in light of demographic data and the condition of existing facilities. This committee would also consider the physicj’ aspects of the school's library system. - COfiHUNITY EDUCATION The Community Education program is the obvious nucleus for a number of the Issues raised by Board members. Additionally* the Conmunity^Education^ Committee needs to develop a long-range plan. While the advisory committee is in part, doing this, the emphasis here would be to integrate that work into the overall future of the District. Topics to be studied include; pre school program, youth development, integration of programs with regular edu­ cation (e.g. suinner school), etc. - CURRICULUM/OUTCOME BASED EDUCATION The effort here is the integration of the present curriculum with the most beneficial aspects of outcome based education. Additionally, the committee would review the basic scope and sequence of the curriculi^ for strengths and deficiencies. Topics to study would include; opportunities available for all students, language arts test scores, the future of vocational and busi­ ness education within the curriculum, the guidance and counselling program. - COCURRICULAR This committee would take as its charge a comprehensive review of the existing cocurricular and extracurricular programs. The review would focus on student participation, scope and sequence of the offerings, and a cost analysis. - COMHUNITY RELATIONS The long-range planning process provides the opportunity to develop a com­ munity relations plan which takes advantage of a supportive committee. Topics for the committee Include: a review of quality and benefit of current publications, various community relations efforts and new ventures such as business partnerships. . TECHNOLOGY This committee is currently in progress and has presented its first report to the Board. . SITE BASED DECISION-HAKING As a result of administrative intent and negotiations with the OEA, we have agreed to a study committee for 1991-1992. The work of this committee and the subsequent recommendations should be undertaken in the spirit and context of long-range planning. Please note that these areas are tentative and open to revision. • j ,r A ■; .v'V:'^,::.^.. UPON NOTION by Martha Van de Ven, seconded by John Naresh, the Board of Education approved the 1991*93 contract for the district accountant as nego* tiated by the Board Negotiating Conmlttee. Carried unanimously. UPON MOTION by Martha Van de Ven, seconded by John Maresh, the Board of Education approved the 1991-93 contract for the food service manager as negitlated by the Board Negotiating Connlttee. Carried unanimously. Or. Mich addressed the proposed legislation developed by AMSD and stated that Board members should contact him with any additional legislation that could be passed along to AMSD. Discussion ensued regarding meeting with legislators from the area and the consensus of the Board was the necessity to be more forceful In their presentations/discussions with legislators. UPON MOTION by John Maresh, seconded by Martha Van de Ven. the Board of Education approved the 1991 Annual Report as presented. Carried unanimously. UPON MOTION by John Maresh, seconded by Peg Swanson, the meeting was adjourned. Motion carried unanimously. Approved: Maresh, Clerk have McKown, Chairman _ _ ___ _ _ _ _ _ _ _ _ ■a .... WHERE THE WEST BEGINS P?sfotligntirg Dob *B«bb ** Gaspar Dob IcBOvB aa Gaapar, affoctiopately **Boao'*» lived Ir Long ®*Bke for 3C years before recently noving to Maple Plain. ijc has worked diligently for Long Lake since 1975 when ha was . hire"' to over see the Parka. Beo now works with Harv with wat' and sewer end piBch-hlttln^ wit Streets and parks as Beodeu. The Long Lake Fire Depa^tnent has been a "second** job fof Bean since 1974. When not wearing a City enifors, he loves to hunt, fish and travel. ' Bean Is a task naathr keeping a tight rein on ell of ns at City Hall — just to be sure we're all working. His delightful senea of hunof and sense of dedication to tho City gives sa great pleasure in spotlighting this valued employee. % MAYOK'S COMMENTS As this last quarter of the year begins, I want to address the residents of Long Lake on a nunber of issues. Sone of which we need to face, >as a coasunlty, head on — and others, I Jttst want to say thank**you for a job well done. The Major concern facing all of us is thd poteiitiaT loss of our city to Highway 12. I SB disBayed by the nunber of Orono residents that have spread sisinforeation to our connerclal and residential citlxens regarding the iapact of this project. Let BO set Long Lake straight about the devastating effect the "current corridor" will have on our city. The most rccont ^i^swlng I have seen eliminates ALL residences and businesses on the north side of 12 from the Tealwood Town' Homes west to Brown Road ~ including Burnet Realty, Rettingors, Red Rooater, the Coast (old bank building) the Pro*- fessional Building, Vaterinary Clinic, Brass Bell, Kenny’s, Burger King, and the Long Lake State Bank. Billy's would bo unable to remain open aa their parking lot would be gone. Rcsldances east of Billy's worrid have NO across as well as having a frontage road replace part *>r all of their homes. Homes on '-the ;uth side of 12 would be lost Insdd'ltlon the new Bayshore townhomea~'and "tlie -keside Liquor building. This route liierelly makes "ribbons'* out -of LL. Th<> other proposed drawings show the elimination of Green Glen Park, Hay Street Apartments, the multi-family duplexes on Dexter, City Hall, and all the residences west of Brown Road • on Orchard Drive ludlng Hollbrook- Park, Still another osed routing eliminates the Industrial Park by following the North side of the tracks. ■ - NOV Is Che time for all of • you to TALK BACK to NNDoT and to those vocal Orono citizens who think it is Just fine to destroy LL by keeping it bn the current corridor. BAH HUMBUGI What happened to Impacting the least and benefltting the most? The current senario reminds me of my childhood Spiderman Comics — something to the effect of all powerful! But I ask those proposing the "cOrrant *corrT<ror," ' "Vlth power, does It not come with respvnslbillty? There will be a citizens' information roaatlng October 24th at St-. George's and I UIGB you to attend to make your voices heard: NOT IN LONG LAKEIIII Now for some ocher items of interest to you. Your Council has been very responsible with their decision making despite the negative press LL has baen receiving. For the $240,000 we pay to Orong for Police protec...on, Che Council has asked for some accounting information — what the lOX administration charge la used for; what the 6K contract fse is for; do the charges accurst'^ly raflact miles of public versus pri te roads CITY HALL: 1944 PARK AVCNUE • lOn C LAKE, MINNESOTA SS354 • PHONE; (6!2)4i3-&94l 1::c f- I:1= ¥. Ipk ■feIp ?rn-' la aach city? You hove read la the paper what wo have received for enawera. LL la dlaappolntcd with tha eaotlenal outburata eras Oreao'a Council. It haa baaa provad to thea to be aaCouoded and baaed on Incorrect iaforst cion. However, the press lovaa aanaatloaallaa and this ia what haa bean printed. Our Couacll aaauaea ita poaltiona with aach hoaework done prior CO aaatlnga and our aeetlngs aavo aaoothly without "theatrics'* bocaaao of the hours spent by each aoabor prior to Tuesday sight. This aakea for responsible govoraaoat, but not for exciting raading In the local papers. LL haa aade their choice and will eoatinue to work diligently to aarvlcc our citisona. Tha Planning Coaalaeion aakod that the kecycllng issue bo addraato^. This . ia where I aaad to aajr TIAHf-*TOU residents for your ovorwhalalag cooperation ia sotting out those blue baskets filled with natal, newspapers, plastic and glass. This year to data you have recycled 155 toan as conpared to 152 tons for all of 1990. In addition, LL paaaad a rosolutlon effirning our iataat for reduction of cost.a, paper, auppliea, etc. The City ia supportive of all recycling efforts. Keep up the good work! VBLCOHI IBVCONBKS Plaaaa Join no in welcoming aaw Long Lake raaidanta. Give than .0 .warn roeaption and let than know wo are happy to have than Join our connu.ilty. Carl Tonaako and Patricia No'rsan (Synos Street). Nika Nartin ~ Nay Street Tarry Barrall *> Orchard Lane Batty Pari - Vaatwood Dr. Tray Qniaa - Orchard Lane Jaha A Nary Kaaaan - Dexter Dr. Brad A Jana Borsie ~ Inglewood jrtson A Tanya Roberts ■* Dexter Dr. Doug Carey • South Brown Rd. Jia A Betsy Drew <- Virginia Ave. Robert A Angella Carlson ■ Lakevley Joseph Ziaaernan - Wayxata Blvd. ’r' Jay A Kathryn Willis - Westwood Dr> Nina Barling - Watertown Rd. Burl Lindahl - Westwood Dr. Brad A Barb Shofner - Watartown Rd.^. Arthur A Joy Goldsteln-Wayxata Blvd. Javier Gnrcia - Vaysata Blvd, Janos Nails A Marcella Det-Chsrlos 'ohn A Diano Bauer~01d Long LakeRd I V • r • PALL YARD CLBAN>UP Each year one of the rubbish hswlers in tho City has provid.ed free pick-up of ’ fall lasvss. This yoor, however, the hawler haa asked a charge of 50t 'per bag. Consequently, I have asked our dedicated City crew to asks the rounds for Fall pick up. Those detee will be October 25 and Hovenber 1st (both Fridays).' Only yard watte will be picked up — DO brush or braachi pleess. If you cslte eonpost to City site. Dlesae reneuber to has the ity site, please reneaber to aaparata tho brush and yard waste into the specific se^perete piles. Your compliance ia greatly apprsclsted. NEW CONNISSIOH NBKBBBS The Planning Commission wslcomas now members Martha liartfell and Lis Olson. This commission masts tha 2nd Tuesday of aach month and addrasaas concerns of xoniog and planning ‘'tthln tha City* The Park Board walconas Dale Behmar and Betsy Backer to its ranks'. The Hark Board meets the 4th Tuesday of each aonth and addrasaas improvamenta, changes and uses for the City Parka. Tho City Council meets on tha 1st and 3rd Tueadaya of ssch month. A call to LuVerne (A73-69B1) la what is naedsd to bo placed on any agenda. Hleaao feel free to attend eny or all of those meetings. RBfllllDERl 11111 CALL cm NBLL AT 473-6961 TO SCHEDULE TOUR 60NP PUMP INSPECTION mimm : ?: ■ . %. A^.:m:mk. :w- |t«^lt«4A<». w #16 08 ..• ;T"^ >v 'S >~-:i .‘^WMlk.'ICeV-RKK> ■ ^c------------------------—> tn?t,n'»«.' '•'1: y '\^ - •• ••■- « .• . ’ . . ; J4M»^ f >• -ier<n<M^-3 Ltvi«fc- ■^^“l-X, I •• YM pm ^Mc H' V wMcuw tMFMIMit Jim. ^ (uefK»^ CHwonnit eup*<Ti«rt» f<5«fO»fcfe n -rMftfcw? OMOMe^)z:^ DUNDEE NURSERY « LANDSCAPE CO. ‘^^•»i'-o* I “**g-ft i» I (^aeu-^iCfeHce- ^ alii' 4> ir"' i,s ■.: • , ;.•% m IfH ■iS #;-iW HAtfCt^^TVee: ‘\9'-t90' tPiXC^CtC. HOO^ k UH>U^ • p«lvew»»^^ *fwjewiwjt. fc Whtu » PAJTIO • l<re><>P y+#*O60vet I *1* ^ I T e f U A H « m M . « . d ^ o • « •o . dJ’. ■ >: '. ■ ..:w^''-' .•,' • .:. jfe'; .;r ^,r^mr “. e- v:i :/ •> iH n :.>«^^,v\ :^:- P^k;. ■ * ' . ■ni#?' mm 'mm. i M .r «*' .^*4# MiVnnipH ^IshI BIHSII t . %■ &¥■;■■:> ' %r ii^ll' 'M ■ ^i'--^ ‘ ___^ ^ ‘ __ _________.♦ .. Y i . ♦ :m . - I ■ A.' 'ML BKBffliiiiMiiiliBiUi■sIKK Sii r&K. LEV&U ’ ■;? ■i »P3 ■m .Mi- , i ;vr-: V ».. • #sw. ■ — ■• ■. ■• / •> ^ mm^mM:'U i'il ^ ■ ‘^'ii. - %■ ♦' V’v' '^-- ^r ■■ r '-'K M-:-' Wm. ■ ■ - ^■■ ■: '■•>' •■' * : V:.l: ’■vf WM' '■* V y \ PROPOSED LOT DIVISION FOR THOMAS & ALICE STUCK. JOHN BAUER. AND DICK & LORRAINE BENSON IN LOTS 5-8, BU)CK 18, 8AQA HILL REVISED, HENNEPIN CO MINN. fe-'P y V . cbiwioibi K."us T-tsi s.!n;:ij; a.upln Co «».•. J5* !*“ '■“* *' »*“* p»“s i.sn.ir'S.KjrJs::,;” moroim piviginii S£:aa:.pr!.a::‘Lis‘j.‘a-;..‘sa'a • P»«*ui .ich tin Mcth- •lid lot t dlatint 17.00 (Mt Ciiterly of lalit North- I; hone* ------- ~ W- —^r.ww MMWriV Or _ DCSOiiRticMii Ar Tho Bait lull I NaiUMfls C p Mi tip BaaorlM tot 9, Block* IBp •Bofo Bill BovImBp .*« cod tliot part of Lot Ip aald Block lollowai BaalaaiM at tin Bortliwaat ly.linc o( (lid Lot ( ■ thonei Ea.tirly pirillol with tho Horthorlv ■ ■Id lot • . dlatanoo eC 10.01 footi thMoo o tha Nerthorly lx* of SO (tat Hortharly line o( Northacly of laid Let 0 diitantto a point on tha Nertharly 17.00 faat natarly of aald Northwaat coraar of Lot fi I to, -Rapa Hill Rdalaad, Don- Inn.’, IXCBPT that pact of aald Lot i ilaacrlbi lollowat Mplnalnp at tha Horthwaat'eornar of aald Lot (i thanea toutharly aloop the Haaterly llno af aald Ota f, 7, and 0, Pleeh irpin Co Hlnn.’, IXCBPT aaplnalnp i toutharly aloop lot t a diatanea of 111.SO fae with tha Hort faat I thanea Hortharly to a point on tha Hortharly of laid Lot t diatant 17,00 faat laatarly oif’laid Notth- TA) ?!'n"a*u"Jh!r*3o{it*3;"5:pj::t;s!*' ca aoutnariy aloop the Haaterly llno af aald tanea of lit.SO faeti thanea Baatofly parallal rthvrly llna of aald Lot I a dlataaea of 11.11 a Hortharly to a point on tha Hortharly llna Thla niirvay nhowa tho houndariaa of the nboio daac.'lhud loeatlon of all purp eroaehoanta. property, and tha doaa not purport to ahoa any other Inpro' dmsf A. HSfOt a,./f 8. •hPalay.,'!'. C. nm ap.rt*. V. 't./aarap./'/. t. •n>tx> tay.,« a I Iron markar found o I Iron Hirhat lot laarinpa ahown ara baadd upon an aaaunad datua. cm OP onoHO #1695 •raiNnK iMii COFI IN k CiRONBI RCi, INC,lliitikvcnlili tkillki»«inTi'«vM|«vfWN«Jh iik* m unJrt «n Jtrrrl wm- % Mun. And Pul 1 «m j Jh K d%l En(ikim wil Lind Svtrtj'ot undfr ** l*»> Ml Ihr SMk Id MiniirMli MarliS CriMBvrRMiimrMUUnMtfNHinlci 11751 ■^1 V ■;; ■:';; ■;4v ■i ■ g 1 '■4 '^S I ' < I 1 \ V'. iti.ii fcc--'**’ w«.af caoo' \^4SS.3' tA «o' 0< VI ^ • ^ J //i^/;z Desct2.;er'/0A> That part of Govamment Lot 1, Section 8, TVwnahip llTNotth, Range 23, West of the 5th Prlnclpai Meridian, Hennepin County, Minnesota, described us foUcws; Beginning at meander comer Mo. 57 on the South tide of Maxwell Bay in the East line of said Section 8; thence South on the East line of said Section 8, 376.35 feet; thence due West at right angles 455.3 feat to the actual point of beginning of the tract to bo described; thence continuing due 68 feet; thence due North 140.7 feet Bcra or less to the Southerly X»re of Ma»;^ ^y; thence Northeasterly along the Southerly ahore of Mwwell Bay to a point in a line drawn due North frcm the actual point of boginninat thence due South 183.7 feet more or leas to the actual point of beginning^'^r the piapoM th^ desc^p^ the East line of said Section 8 is cx^ldered to be a due North and South line. Together with an easanent for drivewey purposes Gowerr^t Lot 1, Section 8, Township 117, Fange lOe^ln County, Minnesota, described as follows: Beginning at NoST^on t^ Souft si^ of MaxweU Bay in the East uS^fLid sSrtS BTttoS'sStT of said Section 8, 376.35 feet; thence due West at right 447.8 feet to the actual point of beginning of the tract to be ^ ^ ***** 11 degrees, 47 minutesItot 218.55 fert; thence South 12 degrees, 37 minutes East 71 feat sore or less to a point in tte Northerly ri^t of way line of County toad No. 51; thence^ ^tJweaterly along said Northerly right of way line 15.1 feet; thence^^ 12 V mlnutas ^ 73.85 feet; thence North 11 degrees, 47 minutes East ya.85 feet; thence due North 02.05 feet more or less to a point in a line beginning; thence due East 15 feet to tto ®c^ po^of beginning. For the purpose of this description the East line of said Section 8 is oonsldered to be a due North and South line. B.IVt O ■ IRON MON. SET -BASEMENT ELEV. ■ IRON MON. INPLACE .GARAGE FLOOR ELEV. TOP BLOCK ELEV.. i jJ1 scHOBonn ^ND SURVEYING INC. ....... BI.I.BO.S0S Dtlln(i.MN IS3II I nereoy cerlity that this plan, survey or report was under my direct supervision and that I am a duly Registered Land Surveyor under the laws ol the State 01 Mlnna»ta. * .1.. anA >9 0 ^ .Pale: igftf tafi /eyy Registration No. 14700 JOB I Book - Page 20-30 Scale )"=50' cy/^/s ^^/c/(ri£y % MaKW^II ^i^^i*.*** t COMO-e*o /fh '- w«.*jj. cftoo' ___Ji_ (.'JS-s- M*onJo.r corno.r ^57'l‘ ffo^se HeXM ’r Q .-jS' ' ,a.<^u r '3^ 75*2«>’ fee-si^^ ^ "*—^ . 2(»0 e ' ' ^ -.j p y>‘*' ^ I/M? X 26’’* 5 r»- 4SS.3' *------- f 26’’*^- /,,?) , -•nl (a/*iS 3V71-/os<. + ^e>*2ii«3*' ■ SKH^ •^86.6=' trr. OF ^ »#: £«vt«yt> Oesc:$^Jer'/itA> 33, west '•■a S*Jh5-|?Kl,1snS12^; SSJiS„*o=2sr^£rii2?r"i2^^..foUa«: Beginning at meandar oomer No. 57 on tha South aide oJ Majcwall Bay in the East line of said Section 8; thence South on the East line of «»<h Section 8, 376.35 feet; thence due West at right angles 455.3 feet to the actual point of beginning of the tract to be described; thence continuing due West 68 feet; thence due North 140.7 feet nore or less to the Southerly shore of Haxuell Bay; thence Northeasterly along the Southerly shore of Maxwell Bay to a point In a line drawn due North frcn the actual point of beglnnln]; thence due South 183.7 feet more or less to the actual point of beginning. For the pixpose of this description the East line of said Section 8 is oonsldeced to be a due North and South line. Together with an cassmant for driveway purposes over that part of Government Lot 1, Section 8, Township 117, Range 23, Hennepin county, Minnesota, described as follows: Beginning at meander oomer No. 57 on the South side of Maxwell Bay in the East line of said Section 8; thence South along the East line of said Section 8 , 376.35 feet; thence due West at right angles 447.8 feet to the actual point of beginning of the tract to be described; thence due South 82.05 feet; thence South 11 degrees, 47 minutes Heat 218.55 feet; thence South 12 degrees, 37 minutes East 71 feet more or less to a point in the Northerly right of way li-'e of County Road No. 51; thence Southwesterly along said Northerly right of way line 15.1 feet; thence North 12 degrees, 37 minutes Hast 73.35 feet; thence North 11 degrees, 47 minutes E>st 218.85 feet; thence due Norti. 82.05 feet more or less to a point in a line drawn due West frcm the actual i^lnt of beginning; thence due East 15 feet to the actual point of beginning. FOr the purpose of this description tlie East line pf said :3«^on 8 is considered to be a due North and South line. a - WOOD STAKE PLACED B.M. - BEABINQS ON ASSUMED DATUM O ■ IRON MON. SET PRC POSED INFORMATION --------------in FLOOR ELEV. . BASEMENT ELEV. e ■ IRON MON. INPLACE GARAGE FLOOR ELEV. TOP BLOCK ELEV.. drainage 000.0-EXIST. ELEV. fooo.oj. PROPOSED ELEV. ^oo.o" ^XIST. & PROP. ELEV. * 0 1 SCHOBO/70 tND SURVEYING 1 INC. srj-jjji mIwJ.‘MNH}js I hereby ceilily lhat Ihls plac, survey or r» ' w , prepared by me or under my direct supervision am .11 am a duly Registered Land Surveyor under the laws ol i. le Slala o( Minnesota.Minnesota. ^ pale: -20 /9f/Reglslratlon No. 14700 JOBS Book • Page 20-30 Scaler= ^o' CU/d/S vgUltak- IBWiietiift.. -if' •■ ;,■ .,' ■ • mfr beginning at tha aost Southerly corner of eald -tot» thence North on the Easterly line of said •Lot, 21 feetr thence Southveaterly In a straight line to a point on the Southwesterly line of said Lot distant 20 feet Northwesterly measured along said line trosi the most Southerly corner of Said Lot* thence Southeasterly along said Southwesterly, line 20 feet to point of beginning; all of Lot 2} .and all that part of Lot 3, lying easterly of a straight line drawn across said lot^. which llne lMOlns at a point in the northerly line of said lot 3 feet'westerly measured along said northerly line from the northeasterly corner of said lot^/and-runs In a straight line .235.3 feet to. a point distant 21 ..8 feet northwesterly from-and at right angles to the easterly.line.of said lot 3 and thende continues';th. ihe same direction to the southeriyt-lihe :of said lot, in Hlghwood, Lake. Hinnetonka, according to the plat thateof bn file or of record in the office: of the Registrar of Titles in and for said .County. .1 456 ft.) N Coverage 5.1* 48.9*.. 0* ::lip , -m: KooSSife . PW^EO ELEVATI0M8 f; fSSJ TOP, OF FOUNDATION :v::PV V' . ■f-i"- ■■ ■ ■ r ' f H CERTiFiCATE~Ors^^ BOB .SUSy(N BILOER ---# WU| •long aaj **t of begj --- Of Lot 3, i oravn across sa •- the ®o Sirs;: lln« Of said "ot * P“<^nt In ■^7?5}r&i»ISr2MSKS,* I- ko*I?K“ 3 «nd\ ' su;:o;?"a;£*siM?' "f- {«rir ■If.;. •*1., L4HE ■ AtlNNCT0f/ir4^ WartWif 7-fc-f/enni . . .. to REAUME lano surveyor y A*Z‘5A2-9559 y>3 HOPKINS cnossnoao' ■ / y'lji-.. •'(•CM^f.,1.,, ■ ■faitfTnn « \ \u ' PUS, 'o« MPoif''»™'J, JU ' ’ PPP-! paie 7-5 -s i a^-’g___ RPn «in ___ ■ r i :i : : : •■-7:^1 U!.JTL'-r ifl.* ^ ■■ ..- i . ' ■ .'. : V ■ ■ » Ea_'^'■i.4*fi:1T, V-r-4v:;.: '4.4«#, :■ . -^~v ____ PROPOSED lOT DIVISION FOR THOMAS & ALICE STUCK. JOHN BAUER. * LORRAINE bENSON IN UJTS 6-8. BIOCK18. SAQA HILL REVISED. HENNEPIN CO MINN. ficiffllll? MB^I. peic»l»Yinf A.th« Halt h«l ■lock It, •«,,S’Jr!.*! Mp*n CO Hina.". ' ‘ Co Ninn.’I tAOkOlH) nitfKtno thot port . ri7’:F"““ S‘J.tool I Ihonoo Caatorly pom ■sissascrjw •I.wrooi ___ Ua.torly lino thinoo Baocorl•■10 Lot ( ■ oiotoiMo o( air • point on tho Northnriy Trirf*'***^*’'***'• ■ Olotonoo o( at.tl 1.0 IgSSirSiS ylth th. korthurly lii; o? mVli? Thli nurv>y ■ho«* tho boondnrloa of theK':s-js.:r.;*:iu;*.".j'.as*:s:; o I Iron ■•rlior —t •oarln^i shown sro bmm46 upon on ovn^oiod •! •onroni CniI(\J;_GiM|;iir L\C.lh.«4r<nWi IholhnninTTOMisssa-ja±r M«»fc S Cn»ktt$ MimwttiU limv fr-r ■ 'mMi' :»■ .Lmm Thui Kiirvoy shows the location of all o:ci55tino hiiiltUnos and visible "hard- rovor, and a proposed addition in re- J.ition to till’ houndaricE of the above rinsi-rihod property. Tt doer, not pur ­ port to show any other improvemont.s or I'tKO-oaflinonts . NCffE:. lo/oey-bi PRAWIM6 A nnp TATEP BY PWMER TO SHCV/ i ig^E OF Oo.l^D I*) -RltHT'A-WAY A^. AKl APPR c ViEd TuRHAR oUND. P : Iron marker set • ; Iron marker found Rxistinq elevation On turn: Mean Sen Level noarinqs .shown are to an nssnmed datum. 1 iirroiiy corlily Uni |h' ■ siirvoy iv.ts. i.irol In- nu> or uih U t mv ilin-cl siiwr- Mnrk S. Cronberg Minncsoln Licrn.sc Nunibor U73.r JonNo. y-yy- :iV ::A V< y - -Y. !• li V —t V^‘»'--- -- ’-cjr^-'rarr ■,T:-"t^ ff. 4- PL-^ CM-^TiUU PKDPPiEP ■M E xioumi ^ wea- I -4 StL i'T -V- pecx, A?=£\E. ■K--......T — •■•; 1 T-------1‘Wr I-._ .. -- - - r-4!—1 I DEa< Ae/vii i ' \o'-0 r •VfrbS:-K ^ Exi^TiNi^PRpFt>i(l£> BA1?£MEsn~ PLAN ^PL /o #1396 PKCfC^rfi AK lA, SDlOfi^ 1 Ac«D •sn'&>cf& p-\re Ki:vi‘.l6MS ‘iltPHFsl ? iCAKilE WAPD HCME Mp K rH ^W-KE Pfjv£,F>'^MP, MW >V- - IV *"'*®**o •'w.WN.r »*’« C<yy21/9|ncvwto PROPOSED aArEMEWr PLAN MAMrSWO HUMWA EP-1 ..feW ; m i«1 J I 1^: - '________’'^ IA«#-' le'-o" - Oi. M> 15 15'^" CO. Rp 19 ■i €< '..f-f: '-. ;■ ■ .1 ..:,^ 4 CO. KD 15 PKOrbS^D /^gEA fn«awio.»iwi ttiwn« io/06/ei Appro M'iC N^TEi pAre revisions , JPME. V/«P hPME 46’V NORTH CRVE. OKPNC, Mh •c... 1/4"*P*IKJVtO Bt;DBAWNar ^v/ '* ■ 159/27/ 5> 1 »CVIMO FlK^r FU^R PL/\H ■nV: '' % mm- . . - iH ?.' y,:p'” ___________ ?Tf 'r" :••»■«!•■■ - -v ■ ' WILOHURST ESTATES LOT wiPTH At nmuT SEIBl tot I 70 rr. Lot 2 121 rr. Lot 3 360 FT. lot 4 160 rr. :ff Jim.., .A ■M 1^ &B: >■-a yiKXOPMt ___ -ttoo CHIPS* cf. A6tUr# WH TtHWte COC^3^ TWO- <SioM- vn70j«3e «wae. si?rtN *'4- 7R^0<?»T) City of Orono, MN y, ^|issjs2tflL—. thf^.