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HomeMy WebLinkAbout04-09-1990 Council PacketPUBLIC ATTENDANCE CITY OF ORONO xa/Jcu A / / MEETING DATE -T PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 9, 1990, 7:00 P.M. (*) Asterisk items ate 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 Agenda items ate available in the Public Packet which may be obtained upon request from the Recorder. COUNCIL MEETINGROLL CALL 1. CONSENT AGENDA* APPROVAL OP MINUTES * 2. Regular Meeting of Match 26, 1990 APR 91990 CITY OF ORONO PUBLIC COMMENTS - (Liait 5 Minutes Per Person) PLANNING COMMISSION COMMENTS - Representative James Hanson ZONING ADMINISTRATOR'S REPORT •^APPLICANTS** Immediately 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 au«d denials. * 3. #1411 Sussex Square Development , 3020 Fox Street - Final Subdivision - Resolution 4. #1452 Walter Pemberton, 1720 Shadywood Road - Variance - Resolution 5. #1458 Gerald McCourtney, 1055 Fetndale Road - Variance - Changes/Refeted to Planning Commission 6. #1468 George Pillsbury, 1300 Bracketts Point Road - Variance & Conditional Use permit - Resolution 7. #1489 F. John Hardin, 1496 Park Drive - Variance - Resolution 8. #1493 Chuck Downey, ' =>65 Casco Point Road - Variance - Resolution 9. #1494 Francis Lightly, 3585 Frederick Street - Variance 10. # 1495 Rod Johnson, 3740 ’^Myzata Blvd - Preliminary Subdivision - Resolution 11. #1497 G. Toberman, 1960 Shoreline Drive - Conditional Use Permit Renewal 12. #1500 Erik Celms, 4050 Highwood - Variance - Resolution 13. #1501 Robert Ritchie, 3572 Shoreline Drive - Commercial Site Plan 14. #1504 Arnold Calvert, 2523 Kelly Avenue - Variance 15. #1506 Carol Senn, 3220 Watertown Road - Preliminary Subdivision - Resolution 16. #1507 David Fox, 1645 Bohns Point Road - Variance - Resolution ENGINEER'S REPORT 17 Otono Plant/Interceptor Preliminary Report * 18. Termination of Albrecht Contract MAYOR'S REPORT 19. Planning Commission Appointments 20. Park Commission Appointment * 21. Administrator's Annual Review AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 9, 1990, 7:00 P.M. CITY ADMINISTRA.'^R'S REPORT 22. Waterfowl Relocation Program 1990 23. Park Dedication Fees 24. Stubbs Bay Sewer * 25. Secretary Position - Employment * 26. ‘TiefpQiary ClaflSlfication Change - Part Time Clerical * 27. '■ ■ " * 28. Longevity Pay Step - Officer Larry Tomcheck * 29. Crime Prevention Organization * 30. Part Time Officer Karnitz/PERA - Resolution * 31. Annej^ation Hearing Date * 32. 1990 Board of Review - April 17, 1990 * 33. Award Siren Bid * 34. Administrator’s Information Bederwood/Little League DARE Graduation Lt. Completion of Probation LOGO Contest Highway 12 Corridor Meeting Memo from Deputy Clerk February Receipts and Disbursments Wire Transfers CITY ATTORNEY'S REPORT LICENSES (35*) BILLS (36*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 04/07 - Joint Council and Planning Commission Meeting - 8:30 a.m 04/09 - Council Meeting 04/16 - Planning Commission 04/17 - 1990 Board of Review - 7:00 p.m. 04/23 - Council Meeting 04/28 - Vehicle Auction - Martins 66 - 10:00 a.m. COUNCIL MEETINfi>MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 26, 1990 ATTENDANCE 7:00 P.M. CITY OF ORONO The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Callahan and Peterson. Councilmember Nettles was absent. The following represented the City staff; Acting City Administrator Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook, Police Chief Kilb^ and City Recorder Scheffler. YEAR XVI C.D.B.G. FUNDS PROPOSED USE PUBLIC HEARING 7:00 P.M. TO 7:02 P.M. The Affidavit of Publication was duly noted. Acting City Administrator Gerhardson stated that the purpose of this Public Hearing is to obtain citizen input. This year Orono will receive approximately $23,000.00. There were no public commencs regarding this matter and the public hearing was closed. Councilmember Goetten informed those in attendance how the funds are proposed to be disbursed. She said that in addition to the $20,000.00 for housing redevelopment, the City will grant $1,000.00 each for Westonka Intervention, Westonka Community Action and Int'rfaith Outreach. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2783 allocating Year XVI Community Development Block Grant funds as that Resolution indicates. Gerhardson requested that the motion include that those organizations proposed to receive funding submit a written statement as to the intended use of the funds. Gerhardson said that HUD requires the written statement as part of the approval process. Goetten amended her motion to reflect Gerhardson s request, Peterson seconded. Motion, Ayes-4, Nays-0, Motion passed. PARK DEDICATION FEE ORDINANCE PUBLIC HEARING 7:10 P.M. TO 7:21 P.M. The Affidavit of Publication was duly noted. Gerhardson explained that the Park Commission has prepared and is presenting an Ordinance to amend the Park Dedication fees due to the fact that the existing fees collected are inadequate. Park Commission Representative Flint lisced the conclusions the Park Commission had determined after two years of studying the Park Dedication fee Ordinance; 1) The current Park Dedication fee schedule is woefully - 1 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 PARK DEDICATION FEE CONTINUED inadequate. 2) The park program has immediate needs for funds that would be generated from raising the fee. That would be to undertake a comprehensive planning process and to build a trail system, 3) There is a window of opportunity to raise the appropriate funds by placing the new schedule in effect as soon as possible because the development that is likely to occur will occur within the next several years. If there is any further delay the needed funds will not raised. 4) The fee schedule should be based on pre-development fair market value of the land. 5) The Park Dedication Fee should be established at 8% of the fair market value of the land. Marla Meredith, 3685 Watertown Road, Linda Whitman, 3620 Eileen Street, and Scott Stein, 3575 Christine Drive, indicated tha^ they supported the Ordinance Amendment. Councilmember Callahan asked the Park Commission why they recommend tnat the Park fee be based on 8% of fair market value rather than an established average that would be set for each of the various lot sizes within Orono. Flint replied, "We favored the use of the fair market value because it seems to be common among other cities. We have talked with Orono's Assessor and he sees no problem in providing a fair market value. Taking an average does not comply with the intent of the Park fee which should be relative to the value of the land. The use of that method would not be fair in that it would not consider the variation for example in the cost of a 2- acre lakeshore lot and a 2-acre inland lot. The fair market value method would automatically reflect the rate of inflation. Mr. Tom Owens, an Attorney, expressed the concerns of his client, Robert White who resides at 4245 Bayside Road. Mr. White is in the process of gifting a portion of his property to his son and will now be subjected to this increase in the Park Dedication fee. Mr. Owens questioned whether there would be any further public hearings or meetings prior to adoption of the amendment. Gerhardson replied that this public hearing could be continued if the Council chose to table this matter for this evening. Mr. Owens said, "The imposition of a mature community such as Orono amending this Ordinance at this point, puts the burden - 2 - NINUTES OF s COUNCIL MEETING HELD MARCH 26, 1990 PAftK DEDICATION FEE CONTINUED of the park system on those with considerable acreage yet to be subdivided." Therf were no further comments Grabek closed the public hearing. from the public and Mayor In response to Mr. Owen's comments, Mayor Grabek said, "I don't think that we should put aside all of the Park Commission's hard work over the past two years because of one incident and objection. We have not heard any opposition from other Orono residents. The Park Commission has done an admirable job. We have delayed action on this long enough." Gaffron asked at what stage of development would a parcel of land be assessed for Park Dedication fee. Gaffron also asked the effective date of the Ordinance and how the Council will address those applications for subdivision that have already been received by the City. Councilmember Callahan suggested that applications now in the process of review by the City would not be affected by the Ordinance Amendment. Callahan believed that an effective date of May 1, 1990 to be appropriate and that the property value be assessed as of the time that preliminary subdivision approval is given. Councilmember Goetten stated that she agreed with Councilmember Callahan. Goetten indicated that this is an appropriate time to implement this change and that she felt comfortable doing so. Councilmember Peterson concurred with Callahan and Goetten and had wished that this had '^een done long ^go. Peterson thanked the Park Commission for their efforts in researching and preparing this Ordinance Amendment. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt the Park Dedication fee Ordinance amendment, with the clarification that it become effective May 1, 1990, that applications for subdivision that have been filed up to this point not be covered by the new ordinance and that the assessed fair market value of a property be based on its status as of the date of preliminary plat approval. Motion, Ayes-4, Nays-0, Motion passed. CONSENT AGENDA* Councilmember Goetten requested that items #4 and #23 be removed from the Consent Agenda. It was requested by Acting City Administrator Gerhardson that items #15 and #17 be removed from the Consent Agenda. - 3 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 CONSENT AGENDA CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of items #4, #15, #17 and #23 which were removed and discussed in the order appearing on the agenda. Motion, Ayes-4, Nays-0, Motion passed. APPROVAL OF MINUTES Councilmember Goetten requested that the Minutes be amended to reflect that she had hoped to have an opportunity to review the Park Commission Minutes, rather than recommendation (last sentence, page 2). It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the March 12, 1990 Regular Council Meeting. Motion, Ayes-4, Nays-0, Motion passed. PARK COMMISSION COMMENTS: LITTLE LEAGUE/BBDERIIOOD PARK Mayor Grabek explained the procedure to be followed for those who wished to make a presentation regarding this matter. Mayor Grabek recognized Park Commission Chair, Phil Bradley. Bradley explained that the 1980 Park Development Plan categorizes Bederwood Park as a neighborhood park designed to serve more than the immediate neighborhood. A neighborhood park calls for open fields and future ball diamonds. The next largest neighborhood park is Hackberry which is classified to provide open field soccer and play grounds. Bradley said that Hackberry has two T-Ball fields that are heavily used. Casco Point Skating Rink is the third largest neighborhood park. Bradley felt that only Bederwood Park is available for general public activities. Mr. Bradley stated that the Superintendent of Schools had indicated that they could respond to a proposal from OBA to use the undeveloped school property within 6-12 months. The Superintendent stated that they would actively pursue any application made by OBA to use the existing site on the school campus. Bradley said, "The Park Commission supports the idea of organized sports as part of the Community picture. We support the concept of neighborhood parks, but also have concern for residential zoning and the potential to bring an incompatible use into a neighborhood. This is the first time the Park Commission has dealt with a controversy regarding the use of a park. We urge the City to consider our request to give us an updated Park Plan. In the interim, it would seem appropriate to consider a short term usage of Bederwood Park for organized sports while other options are pursued." - 4 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEOERIfOOD PARK CONTINUED Ms. Linda Whitman 3620 Eileen Street, representing the neighborhood group known as Citizens for Park Planning, referred to the documents that had been distributed to Council and staff. Ms. Whitman stated that they have tried to work with the OBA to reach a compromise on this issue. (Refer to the Citizens for Park Planning presentation dated March 26, 1990) Ms. Whitman noted that as of this evening they have raised $3,000 to assist the OBA in developing the school site. Mr. Rolland Berglund stated that he had been on the Park Commission in 1974 when the negotiations were made to buy the property which is now Bederwood Park. Mr. Berglund said u at the Larson family owned the property and refused to sell it due to the impact that the park use would have on the neighborhood. Mr. Berglund said that an agreement to buy the land was finally reached based on a promise that there would be a quiet neighborhood use of the park. Mr. Clem Kroll, 60 South Stubbs Bay Road, has lived near Bederwood Park over 20 years. Mr. Kroll said that there have been significant demographic changes that have occurred to the area. There are many new homes and young families with young children. Mr. Kroll said, There is heavy usage of Bederwood Park for many purposes. The additional use of Bederwood Park and the Luce Line Trail has made parking space more necessary. We see 4- 10 cars parked in the lot from 4:00 p.m. to 7:00 p.m. If you add the additional vehicles generated by softball games, the lot is full and parking occurs on the west side of Stubbs Bay Road. This is dangerous because there is a blind spot in that area and there is a lot of traffic on Stubbs Bay Road." Mr. Scott Stein, 3575 Christine Drive, provided the portion of the presentation pertaining to the requirements a regulation Little League baseball field must have. Mr. Stein asked for clarification as to whether the concession building would be two stories or one. He also asked if the field would be used for tournament play. Mr. Stein then provided a comparison of the various sites available for Little League use. It is the recommendation of the Citizens for Park Planning that the Orono School site would be most suitable for this use. Mr. Stein stated that it would cost $6,000.00 more to develop the School property and they have already raised $3,000.00. Mr. Scein noted that they have obtained a firm bid of $6,000.00 and if necessary they will work to raise the additional $3,000.00. Mr. Stein said, "We all want Little League, but we want it in the right part of the City.” Ms. Judy Brown, 355 Stubbs Bay Road, indicated that Bederwood Park should be maintained as a neighborhood park as it is classified. She too was concerned about the safety aspect of - 5 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUB/BEDERWOOD PARK CONTINUED the additional park use and the traffic on Stubbs Bay Road. Ms. Brown was afraid that the OBA*s use of Bederwood Park would not be temporary. Ms. Whitman presented the recommendations of t. -s Citizens for Park Planning which included a compromise should it not be possible to develop the Orono School site in time for this season. Mr. Michael Hilbelink, a Representative of the OBA, explained the events that led to the OBA's request to use Bederwood Park. Mr. Hilbelink said that it has been possible for the OBA to prolong the building of a regulation field by using the facilities in other communities. This is no longer possible. Mr. Hilbelink proposed the construction of a Little League field at Bederwood Park that would bt similar to the other 35 fields within District I. The proposal calls for a fence around the field, dugouts, concession stand, bleachers and a scoreboard. in regard to the fence, Mr. Hilbelink read a letter from the District I Administrator, Mr. John Eccles, regarding the need for a fence around the f’eld from a safety aspect. Mr. Hilbelink said that the dugouts are provided for bats and balls and protect and shield the players from the weather. The bleachers will provide comfort for the spectators. Hilbelink indicated that the concession building plays a critical role in the funding of the program. The money from concessions pays for the umpires and maintenance of the field. He said that the concession stand would be open only during game times and would be supervised and operated by the parents. Hilbelink said the site proposed for this use at the Orono School is the low point in that area. It receives the drainage from the entire campus and a manhole has been provided for that purpose. Mr. Hilbelink said that additional work would have to be done beyond that covered by the $6,000.00 quote from Mr. Bendickson. Mr. Hilbelink noted that the Citizens for Park Planning had not mentioned the option of the Church Property this evening. He assumed that site was no longer a possibility. Hilbelink said that the Orono Primary School property would not be practical. In order to make one regulation Little League field, it would be necessary to displace two existing fields. Hilbelink said that Bederwood Park would be the most suitable site. He stated that the use would be temporary until LiiO dream of using the Orono School pmoerty becomes reality. - 6 MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEOERWOOD PARK CONTINUED Mr. Hilbelink added that he had an estimate of $30,000.00 to get that site properly prepared. $20,000.00 to Mr. Gary McPhearson, representing OBA, submitted the petitions that had been received by OBA with 408 names supporting the use of Bederwood. Mr. McPhearson read several letters that had been received from Orono citizens supporting the upgrade of Bederwood. (The letters were from Sylvia Stroup, Douglas Nash, and Dave & Sherry Guimond.) Ms. Arlene Undlin, Minneapolis, said, "I am interested in this because my grandparents were the Larsons that farmed that piece of land. The park was intended to be used exactly as Holland Berglund indicated. At the time the park was to be developed, none of the neighbors were in favor of it even though it would raise the value of their homes. You are in a residential area and the park use should remain as is." Ms. Judy Brown, 3S5 Stubbs Bay Road, said, "One issue in this matter is that the CBA is requiring the park 5 nights a week. That is a prime time for the residents to use the park." Councilmember Goetten asked Mr. Hilbelink if it is necessary for them to have the park 5 nights a week from 2:00 p.m. to dark. Mr. Hilbelink replied that they will need the park 4 nights a week this year and 5 nights a week next year. As to the time of day needed, Hilbexink stated that 3:30 to dark would be acceptable. Mr. Hilbelink noted that the Soccer League has used Bederwood the last couple of years. There were twice as many games end consequently people and cars, yet the Park Commission received no complaints. Hilbelink said that after the first week in July, Little League will end. The only possible use they may have for the field after that point would be practices by one team if they advance to the All Stars. Mr. John Lehmeyer, 320 Crestview, asked how much money the OBA intended to invest into Bederwood Park to make this upgrade. Mr. Hilbelink replied, "Approximately $15,000.00." Mr. Lehmeyer suggested that it would be more prudent to use that money and the $6,000.00 that will be raised by the neighbors to upgrade the School property. Ms. Linda Fleming, 680 Minnetonka Highland Lane, said that safety should come first. She felt that the concession stand, dugouts, and bleachers were not necessary, especially if this is a temporary arrangement. She agreed with Mr. Lehmeyer. Mr. Rich Anderson, 3205 Crystal Bay Read, suggested that - 7 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEDERWOOD PARK CONTINUED providing more parking may address many of the expressed concerns regarding safety, Mr. Holland Bergland stated that there would be no park if the promise had not been made to the Larsons that the park use would not be disruptive to the neighborhood. Mr. John Meredith, 3685 Watertown Road, said, "At a meeting of our two sides, Gary Larson indicated that he would be very happy with the site at the Orono School if we had the money up front to guarantee that it could be developed. He could get by this summer and wait a»* additional year to have that site. Is there City money available, $5,000.00 or $10,000.00 to help develop the School Campus site?" Mayor Grabek replied that chere may be money in tl budget for such an expenditure. However, he did not feel it uuld be wise for the Council to do that. Grabek said the Council would be directly supporting Little League Baseball, which would be unfair to other organized sports. Mr. Ed Brown, 355 Stubbs Bay Road, stated that it would be necessary to improve the parking situation at Bederwood. There would be no such need at the Orono School property. Brown did not think that adequate information has been provided to determine the actual cost of upgrading Bederwood. He said that water collects on the present field whenever there is a rain storm and that it may be necessary to expend engineering costs as part of the upgrade. Ms. Sherokee Use, 3633 Eileen Street, urged the Council to stay consistent with the Comprehensive Plan and Park Plan. Ms. Use also wished to clarify that the Citizens for Park Planning are not against Little League. Ms. Use added that she had talked with Mr. Bendickson and he had informed her that the Orono School site would be less expensive to upgrade than the Bederwood site. Ms. Use stated that Mr. Bendickson had mentioned the possible need for drain tile for the Bederwood site. Mr. Hilbelink stated that Mr. Bendickson's bid for the School site did not include $5,000.00 for sod or $3,000.0* ..or ag lime. He said that he had talked to one grading contr,» tor who indicated that it would cost between $10,000.00 and $20, 00.00 to grade the site. Hilbelink also stated that using Bederwood Park for a Little League field was consistent with the Comprehensive Plan. Ms. Whitman stated that the City's involvement to increase the parking for Bederwood could be considered as support for the OBA. She felt that the City's money would be better spent if it were used to upgrade the School site. - 8 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEDERWOOD PARK CONTINUED Ms. Terry Wood, 480 Park Avenue, felt that the "frills" of the Little League field were necessary. She said, "My son has been in Little League for 5 years and it means a lot to him when he plays on a regulation field with dugouts." Mr. Neil Beaumont, 3535 Christine Drive, reiterated Mr. Lehmeyer's point regarding spending the available funds at the School s-'te rather than Bederwood. Mr. Beaumont felt that allowing the OBA to use Bederwood Park would prohibit a majority of residents from enjoying the park. Councils ^ 2r Callahan summarized his understanding of the OBA's proposal for Little League use of Bederwood. Callahan said that he did not understand how the Minor League use of the field correlated to the Major League use. Mr. Hilbelink replied that the OBA would like to see the improved field available tor Minor League, Girl's Softball, T- Ball, or whatever else would come along. He said, "Vie don't know what is going to happen with the School property. We hope that by 1593 or 1994 there will be a complex that we can play on. Nonetheless, there is a dramatic shortage of fields available tor all ages. We hope this field will be available for that. It has been available in the past; we have reserved it, and there has not been a problem." Mr. McPhearson added that there would be no games after the first week in July. Councilmember Peterson inquired about the type of scoreboard that will be used. An OBA Representative said, "There are companies that make electric scoreboards and donate them if they are used for advertising. Another type of scoreboard would simply be plywood scoreboard with numbers that would be put on manually. VJe have not yet decided on a style of scoreboard." Councilmember Goetten asked how many people the bleachers will seat and will it be portable. Mr. Hilbelink replied that they would like bleachers that would seat 25-30 people. Mr. McPhearson said that Holbrook Park has a set of bleachers that are approximately 20 to 30 feet long and 15 to 20 feet deep. He added that they would remain during the entire season. Cou*;cilmember Goetten asked what the OBA intends to do for bathroom facilities. MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEDERfiOOD PARK CONTINUED Mr. Hilbelink replied that there are facilities already there. Councilmember Goetten said that safety and parking are concerns and that she has talked with the Orono police regarding Bederwood Park. The Police Officer indicated that there has never been any accident report or problems in that area. Goetten said that if this use is approved, there should be signage prohibiting parking on Stubbs Bay Road. This would mean that the parking area for the park would have to be enlarged. Goetten suggested that with the increased use of the park and the Luce Line Trail parking may need to be increased without the Little League use. Goetten asked Gerhardson if in fact it would be necessary to install drain tile at Bederwood Park. Gerhardson replied that tiling would not be necessary. Goetten said that she is not sure whether the concession stand is necessary. She did believe that allowing the OBA to use Bederwood Park 4 nights a week from 3:30 to 8:30 starting June 8th would be appropriate. Goetten stated that the nrogram will be monitored very carefully and that she would visit the Park regularly to view the operation first hand. Goetten indicated that it would be very difficult to deny this use of the Park when there is a real need in this area for this kind of organized play. Goetten understood that Bederwood has always been intended for Little League use and felt it was time Orono took responsibility to provide for a use such as this. Goetten indicated that if she does approve this request, approval must be based on this use being temporary and that there be an annual review of this use. Goetten said that she does not want any lights, or PA system and that parking needs to be upgraded. Councilmember Peterson asked Gerhardson if he number of parking spaces available at Holbrook Park. knew the Gerhardson said that he did not know, but estimated that there were 20 spaces. Mr. Hilbelink said that Gary Larson had measured the Holbrook and Bederwood parking lots. The parking lot at Holbrook is 20,000 s.f. and Bederwood is 23,000 s.f. Gerhardson said that there is a problem with the shape of the Bederwood parking lot. Gerhardson also noted that half of the parking lot belonged to Orono and the other half belonged to the DNR. Mayor Grabek stated that this was an opportunity to serve all of the citizens of Orono. He said that he would be concerned if this request involved exclusive use of all eight acres of the ♦ 10 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEDERWOOD PARK CONTINUED park. Grabek also felt that those persons involved with the OBA who volunteered their time for the benefit of children deserved the support of the Council. Grabek said I can't think of any better way to use our park resources than for our children. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accept the proposal of the Park Commission with the exclusion of voting against the concession stand. There should be fencing, dugouts, bleachers and a concession stand that is constructed with the input of the City staff so that it is suitable for the Park. The t rk will be inspected on a yearly basis and the City maintains the right to cancel OBA's use of the Park if there is just cause to do so. The OBA should be given a three year term to use the Park. The remova' of structures constructed by the OBA shall occur if it is so deemed by the Council. The s::oreboards should be kept to a minimum visual impact and there shall be no electric scoreboards, no PA system, nor will any advertising be allowed anywhere on the premises. The OBA will have use of the field one hour before game time, 4 nights a week. If the number of nights is to increase next year, that should be part of the annual review. Security can be provided to keep ATV's, etc. from damaging the field, but should not prohibit anyone from using the field wt-en it is not being used by the OBA. Councilmember Goetten reiterated that this use must be monitored carefully and be thoroughly reviewed in one year. Goetten also informed the OBA that this was their last opportunity to present all of the information as to their plans for the field. Goetten said that she would approve nothing additional beyond what was proposed this evening. Mayor Grabek further added that there should be one set of bleachers and that there be no PA system. Councilmember Callahan thought that this was a reasonable compromise with the matter being reviewed each year. Callahan said that he is opposed to the long term use cpf Bederwood Park for this purpose. Callahan said that he is concerned about the concession stand becoming an attractive nuisance and thought that it should be wa«-ched carefully. Callahan said that as part of the annual review, he would like the OBA to provide information showing lat steps are being taken toward the goal of moving to the School property. Councilmember Callahan said that he had received numerous phone calls and letters regarding thi. issue. Callahan was impressed by the attitude of both side and the way in which they presented the pertinent facts to th Council. Motion, Ayes-4, Nays-0, Motion passed. PUBLIC COMMENTS: There were no public comments presented this evening. - 11 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 ZONING ADMINISTRATOR'S REPORT: #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD RESOLUTION REQUEST TO TABLE* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to table final adoption of a resolution granting variances for a room addition in the 0-75* zone for Walter and Marilyn Pemberton, 1720 Shadywood Road, until such time that a full five member City Council will be present. Motion, Ayes-4, Nays-0, Motion passed. #1468 GEORGE PILLSBURY 1300 BRACKETTS POINT ROAD RRESOLUTION REQUEST TO TABLE* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to table final adoption of a resolution granting variances and conditional use permit approval for a greenhouse addition and grading/retaining wall work in the 0-75' setback zone for George and Sally Pillsbury, 1300 Bracketts Point Road, until such time that a full five member City Council will be present. Motion, Ayes-4, Nays-0, Motion passed. #1489 F. JOHN HARDIN 1496 PARK DRIVE REQUEST TO TABLE* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table final adoption of a resolution approving variances to construct an addition on an accessory structure until such time that a full 5 member City Council is present. Motion, Ayes-4, Nays-0, Motion passed. MAYOR/COUNCIL REPORT: RESPONSE TO LONG LAKE ANNEXATION PETITION RESOLUTION #2782 Mayor Grabek asked Gerhardson whether the City had received a copy of the Petition. Gerhardson replied, "No." City Attorney Barrett stated that he had contacted the Municipal Board and requested that a copy be sent as soon as they receive it. Councilmember Goetten asked whether the April 25, 1990 Court date could be changed. City Attorney Barrett said that he would see whether the hearing could be postponed, and in the event that it cannot be - 12 - % MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 RESPONSE TO LONG LAKE ANNEXATION CONTINUED put over, he would try to obtain information regarding the agenda. Councilmember Callahan did not believe that the Resolution adequately expressed his opposition to the annexation. Callahan suggested adding language to paragraph 12 that will reflect Orono's belief that Long Lake is actively planning piecemeal detachments and annexations. Callahan also suggested that paragraph 8 be amended to state that the annexation would adversely affect the economic value of surrounding properties. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2782 as amended and that City Attorney Barrett be directed to keep the Council apprised of the events surrounding this matter. Motion, Ayes-4, Nays-0, Motion passed. Councilmember Callahan suggested that this may be an ideal opportunity for the Mayor to explain the history and events that have occurred since this matter became an issue. Mayor Grabex briefly explained the events that have lead to the City of Long Lake filing a Petition for Annexation of the Sewer Plant Proper":y. HIGHNAY 12 CORRIDOR STUDY AO CITIZEN'S TASK FORCE Mayor Grabek reported that the meeting has been scheduled for March 28 and the information from that meeting will be presented at the April 9 Council Meeting. Grabek indicated that the City has received seven letters from people interested in serving on the Citizen Task Force. Those letters can be reviewed at the April 9 Council Meeting. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the information presented by staff. Motion, Ayes-4, Nays-0, Motion passed. CITY ADMINISTRATOR'S REPORT: STUBBS BAY SENER Acting City Administrator Gerhardson explained that information was being presented that pertained to areas that Council may wish to include or exclude with this project. City Engineer Cook stated that the City has received requests to include Christine Drive, Oxford Road and property east of Leaf Street. Cook said, ‘ "^he properties on Christine and Oxford were developed as two acre lots and were not included in the original study because they had not yet been developed. The rest of the area has less than two acre lots with the exception of a few lots that are over 2 acres. I believe, however, that - 13 - I MINUTES OF OROHO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEWER CONTINUED all of those properties (in the original study) should be included in the information presented at the public hearing. We are also recommending that the lots to the east of Leaf Street be included because they are less than the 2-acre minimum standard for the area. Mayor Grabek asked whether staff is recommending that Oxford and Christine be included in the study. Cook replied that those areas should not be included in the study. Cook noted that the 5 lots east of Leaf Street have not previously been included in the study and the property owners have not been notified. Cook suggested that if this area is to be included, that staff meet with the property owners prior to a public hearing. Mayor Grabek asked whether it would be possible for the Christine Drive and Oxford Road properties to tie into the line at a later date. Cook replied that it would be possible for both areas to tie in later. Grabek asked how these properties would be charged if they were to tie in later, and questioned whether it may be appropriate to charge those properties now. Cook replied that staff is recommending a standard trunk charge of $6,500.00 plus a lateral charge. The $6,500.00 would be charged to anyone that wished to connect in the future, as would the lateral charge to bring the line to an individual property. Gerhardson noted that an inflationary factor would be considered and added to the $6,500.00. Councilmember Goetten said that in 1975 the Comprehensive Plan states that lots that are 2 acres or more should have the capacity to facilitate a primary and alternate septic site. Goetten said that it is difficult for the Council to now request those properties to be sewered. With regard to the Oxford Road properties, Goetten questioned whether it is the City's goal to see that lakeshore properties are sewered. Gaffron responded that the Comprehensive Plan does not set that goal. Gaffron believed, however, that it should be a goal of the City to sewer lakeshore lots. Goetten asked- what kind of systems the Oxford properties currently have. - 14 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SENER CONTINUED Gaffron replied that there are three lakeshore properties with mound systems and three with trench systems. All systems meet current standards and only one has had sporadic failure problems because of high water use. Gaffron said that there xs no evidence of any seepage into the lake. Cook indicated that the difficulty involved with sewering those properties has not been fully determined, but the lift stations would have the capacity to serve that area. Cook said that it may be necessary to add some form of a pumping system to get the sewage to the system now being installed. Cook said that it may be necessary for the City to obtain easements along the lakeshore of those properties if sewer is to go into that area. Mayor G; ek asked if there were any facts indicating that over a period of time septic systems near the lake will contaminate the lake. Gaffron replied that after a long period of time it might be possible for phosphorus to enter the lake. Gaffron said that the process of phosphorus movement toward the lake will occur more rapidly in sandy soils and more slowly in clays. he noted that it might be 75 years or more before phosphorus gets to the lake from correctly functioning systems. Councilmember Callahan stated that there seemed to be a reason to include Oxford Road in the project, especially the lakeshore lots. Councilmember Peterson asked Gaffron why three lots had been excluded from the Oxford area. Gaffron said that those properties probably could not be easily served without obtaining an easement from the properties abutting Oxford Road and extending extra laterals across the road, since the houses on the west side of the road would likely be best served by a pipe on the lake side of those houses. Mr. Steve Whitman, 3620 Eileen Street, indicated that he was speaking on behalf of his wife Linda and David and Sherokee Use. Mr. Whitman referred to a letter that he had distributed to the Council this evening requesting that his property and the Use property be excluded from the project. (See the Whitman/Ilse letter dated 3/26/90.) Mayor Grabek asked if there were other properties within that area that have functioning septic systems? Gaffron replied that 175 Landmark Drive was recently developed and has a conforming septic system and a tested alternate site. Mr. Barren, the owner of the property has - 15 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEWER CONTINUED requested to be excluded from this project. Gaffron stated that if the Council wished to exclude any properties, the Harren property would be a candidate. Gaffron said that 185 Landmark Drive has less acreage and an existing system that is probably within the 75' setback area. Gaffron said that there are possible, but not fully evaluated alternate sites. Mayor Grabek asked if exclusion of properties was a normal procedure with a sewer project. Cook said that exclusion is normally not a feasible option because it increases the burden of cost for those that must be included. Mayor Grabek asked City Attorney Barrett what legal grounds the Council would have if they chose to exclude certain properties, but not others. Barrett replied, "In my opinion, you have the authority to sewer those properties which you think ought to be sewered. As long as you have a reasonable basis for sewering some and not others, you would have a legal authority to do that." Ms. Sherokee Use, 3630 Eileen Street, understood that the Comprehensive Plan does not require 2 acre properties to be sewered. She suggested that the Council make a decision prior to any public hearing as to whether they intend to include two acre properties in this project. She said that they too have a fairly new septic system and a tested alternate site. She did not understand why they were being included in the project. Mr. Harren, 175 Landmark Drive, said that he had requested permission from the City to put in a septic system without the mound system because it would have saved him a significant amount of money. Mr. Harren said that the City did not give him permission to proceed in that manner because there was nothing in the Code that allowed it. Mr. Harren said that the Ci y proposed the option of holding tanks, but due to he size of his family, he did not think that was practical. Mr. Harren indicated that it would be very costly to bring the sewer line to his property and asked to be excluded. (See Mr. Barren's letter dated March 5, 1990.) Mr. Terry Olson, 3640 Bayside Road, indicated that he had the same objections to be included in the project as those previously expressed. Mr. Olson said that he is an engineer and disagrees with the earlier statements by staff regarding lake contamination. Mr. Olson stated that as long as a septic system is functioning properly, leeching will not occur. Mr. Olson stated that he too had submitted a letter asking to be excluded from this project. Mr. Olson expressed concern that the project - 16 - would disturb trees existing along the lakeshore. Cook said that there is always that danger when undertaking a project such as this. Ms. Linda Whitman, 3620 Eileen Street, noted that their property, and the Use and Harren properties as well, are set back from the lake. Ms. Whitman referred to the information she provided which states that they do have an alternate septic site. She said that she would be willing to put in writing that they would not do anything to their property that would disrupt that site. Ms. Whitman asked that the Council make a determination now that they are to be excluded before it becomes necessary to become involved in a more costly debate about this issue. Mayor Grabek said that he can understand the positions indicated by those who wish to be exempt, but there is also the problem of setting a form of precedent. Ms. Use asked how many two+ acre, non-lakeshore sites exist that have new septic systems and tested alternate sites. Gaffron briefly summarized the status of the lots recommended for inclusion in the project. There were only a few lots that could be classified with the Harren property as bei;. j in excess of two acres with tested primary and alternate sites. Gaffron noted that Oxford Road -nd Christine Drive were being cc^jidered only due to the request of residents that did not necessarily reside in either one of those locations. Gaffron said that the residents were trying to decrease the cost/unit factor by involving as many properties as possible. Ms. Whitman said that she had talked with the City Administrator and it had been determined that the exclusion of 4 or 5 properties would have a negligible effect on the cost of the project. Ms. Whitman also noted that the Comprehensive Plan more or less sets forth some criteria as to what lots should and should not be included in the project. Ms. Whitman added that the boundary lines for the project seem to be quite arbitrary. Mayor Grabek said that he would prefer to have staff provide more information regarding properties that they feel should be included or that could be excluded. Councilmember Goetten agreed with Mayor Grabek that the Council does not have the expertise to plan fo- sewer projects. Goetten did not think that Council had been pro ided with enough criteria for making a decision as to what to include or exclude. Goetten also noted that lawsuits increase the cost of the project. Gaffron asked.for direction from Council as to what specific information they would like staff to provide. Gaffron stated that staff has made a recommendation as to which properties to - 17 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEWER CONTINUED include. He suggested that if Council wishes to exclude properties from that area that it be done with a rational basis using the physical characteristics of the various properties to be excluded. Cook added that when considering septic systems, one is not dealing with an exact science when estimating the life of a system. Cook said that when an area is considered, it should be considered as a whole, because there are many subjective factors to otherwise consider. Councilmember Callahan asked Cook what is logical about the area that has been recommended? Cook replied, "It is contxguous to the County Road which is the location we are proposing to place the trunk. We can conveniently, by topography, serve the property within that area.” Callahan stated that such criteria could apply to any property abutting a County Road. He asked Cook what further factors were considered when planning this project. Cook said, "We began looking at Stubbs Bay Northwest and Stubbs Bay Northeast because that is an area with small lots and existing problems. From that determination we looked at the corridor along which the trunk line was established between the two ties.” Gaffron depicted the area that the Comprehensive Plan describes to be sewered. Gaffron said that there are obvious boundaries with the Luce Line on the north. Leaf Street on the east, Bayside Road to the south. Gaffron said that the City has been talking about sewering this area for 15 years. Cook said that anytime a project is considered, the feasibility of doing the project must be also be considered. They cannot make the project work if there are not enough properties involved to keep costs within reason. Callahan asked if there were compelling reasons to sewer Stubbs Bay Northwest and Northeast? Gaffron replied that yes, from soils and system condition standpoints there is reason to sewer the area, Gaffron said that not every system is failing, but there are a number of systems that are too close to the lake and on small lots that have seepage occurring. Gaffron stated that there are 6-8 systems that are using holding tanks and around the lake in particular, that is a big concern. - 18 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 STUBBS BAY SEMER CONTINUED Mr. Olson said that it is obvious that there are properties that are in need of sewer. He said that the City is asking the larger, newly developed properties to support the smaller properties that actually need the project. The Council agreed that they were in need of more time to review all of the aspects of this project. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter until the April 9, 1990 Council Meeting. Motion, Ayes-4, Nays-0, Motion passed. CIGARETTE VENDING MACHINE ORDINANCE 81, SECOND SERIES It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Ordinance 81, Second Series, amending Section 5.24 so as to totally ban cigarette vending machines within the City of Orono, effec-ive May 1, 1990. Motion, Ayes-3, Councilmember Peterson, Nay. JOINT COONCIL/PLANNING COMMISSION MEETING It was moved by Mayor Grabek, seconded by Councilmember Goetten, to hold a joint Council/Planning Commission Meeting for Saturday, April 7, 1990 at 8:30 a.m. Motion, Ayes-4, Mays- 0, Motion passed. REQUEST TO HAVE AUTO AUCTION* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to establish April 28, 1990, at 10:00 a.m. at Martins 66 as the time and place for an auction of unclaimed vehicles subsequent to published notice in the official newspaper and notification being sent to registered owners. Motion, Ayes- 4, Nays-0, Motion passed. SECRETARY POSITION RESIGNATION-EMPLOYMENT Acting City Administrator Gerhardson requested that this item be removed from consideration. SALARY REVIEW - ASST. FINANCE DIRECTOR* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjust Assistant Finance Director Linda Walters' hourly wage rate from Level 5, Step II ($11,073) to Level 5, Step III ($11,688) effective April 2, 1990. Motion, Ayes-4, Nays- 0, Motion passed. TERMINATION OF EMPLOYMENT PROBATIONARY POLICE OFFICER AND PERMISSION TO EMPLOY FULL TIME POLICE OFFICER Chief Kilbo requested permission to hire Mr. Jay Dembouski as a full time officer to replace Jeff Larson who has been terminated. - 19 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 EMPLOYMENT OF POLICE OFFICER CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the termination of employment of a probationary employee and authorize the employment of Mr. Jay Dembouski at $10,558 per hour effective after April 2, 1990, subject to his passing the necessary background investigation, psychological and physical. Motion, Ayes-4, Nays-0, Motion passed. TERMINATION OF EMPLOYMENT PART-TIME OFFICER PERMISSION TO HIRE PART-TIME OFFICER Chief Kilbo requested that the resignation of Thomas Palkki be accepted and that Council approve the hiring of Mr. Richard Karnitz. Councilmember Peterson asked how much money was expended on the two Officers that have terminated. Kilbo replied that nothing was spent for uniforms, but the costs for the tests of these officers was lost. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the resignation of the part-time officer and authorize the employment of Mr. Richard Karnitz at $9,285 per hour effective April 2, 1990, subject to his passing the necessary background investigation, psycholooical and physical. Motion, Ayes-4, Nays-0, Motion passed. TEMPORARY EMPLOYMENT - GOLF COURSE* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve employing the following persons as counter help and greenskeeper helper at the Orono Golf Course for the 1990 golfing season effective March 3, 1990; Betty Stevens Walter Mills Robert Brown Don Yeager Dave Lindstrom Counter Helper Counter Helper Counter Helper Counter Helper Counter Helper Fred Abrahamson Counter Helper Doug Erickson Dan Oas @ $5.50/hour 0 $5.00/hour @ $4.75/hour @ $5.25/hour @ $4.75/hour @ $4.75/hour Greenskeeper Helper @ $4.75/hour Greenskeeper Helper @ $5.25/hour Motion, Ayes-4, Nays-0, Motion passed. YARD WASTE COMPOSTING - 1990* It was moved by Mayor Grabek, seconded by Cojncilmember Peterson, to establish a leaf and grass drop-off program as outlined above and to fund the cost of the program from the recycling program. Motion, Ayes-4, Nays-0, Motion passed. - 20 - MINUTES or ORONO COUNCIL MEETING HELD MARCH 26, 1990 C.O.B.G. YEAR XVI RESOLUTION #2783* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2783, approving the disbursement of C.D.B.G. Year XVI funds as Resolution #2783 sets forth, Motic , Ayes-4, Nays-0, Motion passed. SPRING CLEAN-UP DAYS* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to designate May 5 and May 12, 1990 as ono Spring Clean-up Days. Motion, Ayes-4, Nays-0, Motion passes. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding; Fire Coverage Zones, Well Drilling/Test, Police Officer-Part Time, Police Vehicle Replacement Plan, Beaver Trapping, Planning Commission and Park Commission Appointments, and Orono Interceptor/MWCC. Motion, Ayes-4, Nays-0, Motion passed. CITY ATTORNEY'S REPORT; City Attorney Barrett indicated that he had no report. LICENSES Councilmember Goetten noted that Lakeview Golf had submitted an application for a license to sell cigarettes from a vending machine. Gerhardson asked if Council would approve the application if that request is an error on behalf of Lakeview Golf and they are asking to sell cigarettes over-the-counter. Councilmember Goetten indicated that she would not object. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the following license(s): Home ( -rcupation Initial Review: Maryanne Ebert 1680 North Farm Road Home Occupation Annual Review; Marmet Services 130 Cygnet Place Cigarette; Lakeview Golf (as amended) 405 North Arm Drive On-Sale Non-Intoxicating Malt Liquor; Lakeview Golf 405 North Arm Drive Motion, Ayes-4, Nays-0, Motion passed. - 21 - Rosemary Scheuer noted that over-the-counter cigarette licenses would expire May 1, 1990 and asked whether they will need to be relicensed? Mayor Grabek asked City Staff to provide Ms. Scheuer with the information she requested. Mayor Grabek also asked staff to provide Council with information concerning the LOGO contest. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve payment of tne All Funds Account. Motion, Ayes-4, Nays-0, Motion passed. ADJOURNMENT 10:10 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the Regular Council Meeting at 10:10 p.m. Motion, Ayes-4, Nays-0, Motion passed. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk - 22 FrcMs Dates Subject: oxMcaiRniK «PII 9 <990 Jeanne A. Mabusth, Buildinc & Zoning 3Mayor Grabek & Orono Council Members City Administrator Bernhardson April 6, 1990 #1411 Sussex Square Development, 3020 Pox Street - Final Subdivision - Resolution I 1 . T , 1 ’(I The applicant has completed the directives of the preliminary subdivision resolution (#2725) and submitted all required documentation* The only other remaining items to be completed regarding this final subdivision is approval of the entrance monuments and the road name. The developer will complete this at your April 23, 1990 meeting. The final approval resolution has been drafted for your review and action. •*' A RESOLUTION APPROVING THE PLAT OP FOX BEND FILE NO. 1411 NBEREASf the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and NHEREASf the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by Nina Wildman of Sussex Square Development (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the RR-lB Rural Residential Zoning District finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the proposed plat contains 17 lots, each meeting or exceeding 2 acres minimum lot area requirements. Lots 2, 3, 4, 5 and 6, Bloc)c 1; Lots 4, 5 and 6, Block 2; and Lots 1, 2 and 3, Block 3 require a variance because they do not front on a public roadway. All lots shall achieve access via the interior private roadways. WHEREAS, the subdivider has resolved the boundary dispute at the northeast corner of the property as directed by the City at preliminary approval time. WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution #2725, approved by the City on October 23, 1989, that set forth the conditions of preliminary subdivision approval. 2. Dedication on the plat of rights-of-way for public streets shown as Fox Street and Leaf Street. 3. Creation of a new private road shown on the plat as Outlot B. The creation of Outlot A to serve as a future connection/extension road to east. Page 1 of 3 4. Concurrent with this private road, the subdivider has dedicated to the City a road and utilities easement granting .5 the City permanent access, improvement and utility easement over said Outlot? the subdivider has created non ­ exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefitting lot owners co'* "it-.s and agrees to permanently maintain and pay the cost c intenance for said private road. 5. Dedication to the City of a Flowage & Conservation Easement providing for limitations on the use of wetlands shown on the plat as drainage easements. In addition applicant has granted drainage easements over all drainageways and storm sewer lines not already included within road easements and drainage and utility easements surrounding each lot. 6. Execution of a subdivider's agreement providing for installation of certain improvements as a condition of subdivision approval. 7. Payment to the City cf a Park Dedication Fee in the amount of $3,400.00. 8. Payment to the City for the legal review and f iing of the plat, easements and covenants in the amount of 50.00. NOW, TBKRBPORB, BB IT RBSOLVBD that the City Council of the City of Orono hereby approves the plat of Fox Bend, Hennepin County, Minnesota; subject to the following conditions: 1. All 17 lots shall achieve access from the newly constructed private road. 2. The aforesaid plat shall be filed by the City '^f Orono with either the Hennepin County Recorder's Office or the Registrar of Titles on or before October 9, 19*^0 together with a certified original copy of this Rescjution and executed copies of covenants and easements noted above. The approval granted by this Resolution shall expire^ the plat has not been filed by the date specified above. In t’ event, it will be necessary to file a new application with . City of Orono for subdivision review. Page 2 of 3 Dated this 9th day of April, 1990. ATTEST: Dorothy M. Rallin, City Clerk James R. Grabek, Mayor STATE OP MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of April, 1990, by James R. Grabek 6 Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 3 I arY IiaRatHO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2725_________ A RBSOLOnOH 6RAMTIH6 PRELimilART APPROVAL OP THB PROPOSED POX BEND PLAT PILE HO. 1411 WHEREAS, Nina Wildman of Sussex Square Development (hereinafter "the subdivider") on May 12, 1989 filed a formal subdivision application with the City for approval of an lA lot residential plat of property legally described as follows: Exhibit A, attached, (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on June 19, 1989 and September 6, 1989 at which times all persons desiring to be heard concerning this application were given the opportunity to spea)c thereon; and WHEREAS, at their regular meeting held on October 9, 1989 the Orono City Council considered the subdivision application of Sussex Square Development, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as amended consists of 17 lots each meeting or exceeding the 2 acre minimum dry contiguous lot area requirement. 3. Each of the 17 lots meets the required lot width to the rear of the 50' front street setback line. 4. All of the 17 lots shall achieve access via a network of interior private roadways. 5. In his report dated August 30, 1989, Glenn Cook the City Engineer found the revised 17 lot plat to be acceptable and recommended approval subject to the watershed's review. 6. On August 22, 1989, Michael P. Gaffron, Assistant Planning and Zoning Administrator, confirmed that all 17 lots had been tested and found to have suitable areas for on-site development. Page 1 of 5 I'I cirv IftORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO, 2725_________ 7, The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB zoning district requiring no variances with the granting of approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 8. The Minnehaha Creek Watershed District gran-ed approval of the drainage and grading plans of the Pox Bend subdivision at their September 28, 1989 meeting. MOW, THBRBPORB BB IT RBSOLVBD, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Fox Bed per plat survey dated May 6, 1989, revised August 4, 1989 by Mark S, Gronberg, a licensed engineer and surveyor of Coffin and Gronberg Inc., subject to the following conditions: 1. All access to the 17 lot plat must be via the interior plat road. No curb cuts to the proposed lots shall be approved off of the adjacent roadways. 2. Prior to road construction or land alterations for drainage purposes, the following septic sites must be staked with snow fencing: Lots 1, 2, 3, 4, Block 1 Lots 1, 4, 6, 7, Block 2 Lot 2, Block 3 Snow fencing must be installed 20* from the boundaries of each drainfield test site. 3. Subdivider to grant underlying road and utility easements over all road outlots. This would include future road Outlot A. 4. The subdivider to grant Conservation & Flowage Easements over 5 wetland areas. Subdivider shall also grant drainage easements over drainageways and storm sewers not located within rights-of-way of road outlots. Page 2 of 5 “ cmr OF aROf>*o city of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2725 5. The subdivider to execute private covenants for the shared cost of maintenance and upkeep of private road. The subdivider may wish to use the standard forms used by the City for inclusion in the private covenants. In addition, the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approval of the plat, subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of the final plat. 5. The subdivider must resolve the boundary dispute at the northeast corner of the property prior to final plat approval by the City. Subdivider shall advise the City as to the resolve of tnis matter. 6. The City encourages the subdivider to create an outlet to the east of 3060 Fox Street noted as the exception on the preliminary plat to serve as area for future septic expansion. 7. All final grading, drainage and road plans must be approved by the Minnehaha Creek Watershed District and the City Engineer before construction can begin. The subdivider shall execute a developer's agreement that shall include all required improvements not completed by the filing of the final plat. The subdivider shall also provide a Letter of Credit to be written to the amount of 150% of the cost of all outstanding improvements to ensure their completion. The subdivider is hereby advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. •• FINAL PLAT SUBMITTALS The following list of final submittaxs must be rubmitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month : A. RECOPD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated May 6, 1989, revised August 4, 1989. Page 3 of 5 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2725_________ b) Outlet C to be realigned to include extension at Leaf Street as a through road eliminating right angle Intersection with stop sign for through road. Cul-de- sac roads to be redesignated as separate outlets. In addition, future road extension to be defined as a separate outlet. c) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. Designate all wetland areas as drainage easements. This shall include drainage easements over all drainageways and storm sewers. d) Dedication of right-of-way for County Roads, Fox Street, and Leaf Street. B. LEGAL DOCUMENTS required; a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements cuirently affecting the property. c) Executed drainage easements over all drainageways and sewer lines (see sampla enclose'). d) Signed and executed Flowage & Conservation Casement over all designated wetland areas (see sample enclosed). e) Signed and executed Developer's Agreement and Letter of Credit to cover all required improvements not c npleted by final plat approval (see sample of Developer's Agreement enclosed). f) Signed and executed Road and Utilities Easements over all private road outlots and the future access outlets (see saunple enclosed). g) Private covenants in a form for filinj to include covenants setting forth ownership and share in the maintenance of the private road and drainage facilities (see sample covenants enclosed). Page 4 of 5 i I CITY 1 ORONO City of ORONORESOLUTION OF THE CITY COUNCIL NO. 2725__________ h) Completed "Application for Private Road Names". C. FEES TO BE PAID; Total Due $3,700.00 a) Park dedication fee per current schedule; 17 X $200.00 per lot ■ $3,400.00 b) Final plat fee « $150.00 c) Legal review and filing fees rf $150.00 Adopted by the City council of the City of Orono, Minnesota at a regul?ir meeting held this 23rd day of October, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . t r Not'ary Public LAURIE K. SCHEFFLER MOlAi* ‘Vine - n*tNN»SO»A HENNEPIN county My commjiiion •xpif»t6-8-94 My Commission 68^'''''''^ Page 5 of 5 T- i I Mayor Grabek & Orono Council Members City Administrator Bernhardson <1Wromt Date: Subject:#1452 Walter Pemberton, 1720 Shadywood Road - Variance - Resolution for Approval Michael P. Gaffron, Asst Planning & Zoning Administrator 91990 ^'^OF ououq List of Exhibits - Exhibit A - Draft Resolution Exhibit B - Notice of Council Action 3/28/90 Exhibit C - Memo & Exhibits of 3/19/90 Discussion - On March 12th, Council voted 3-2 for approval of the requested variances subject to additional hardcover removals. A resolution incorporating those additional removals has been drafted for Council adoption. This application was tabled at the Council's March 26th meeting until a full 5-member Council is present. Proposed Motion: Moved by ___, seconded by , to adopt resolution #_ _ _ granting variances for a room addTtinn in the 0-75' zone for Walter and Marilyn Pemberton, 1720 Shadywood Road. Ayes _ _, nays _ _. A RESOLUTION GRANTING VAPTANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 6 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1452 WHEREAS, Marilyn & Walter Pemberton (hereinafter "the applicants") are owners of the property located at 1720 Chadywood Road within the City of Orono (hereinafter "City") and lega’.iy described as follows; Lots 12 & 13, except that part of said Lot 12 lying northerly of a line drawn parallel with and distant 71.2' northerly measured at right angles from the southerly line of said Lot 13, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to permit the construction of a room addition to the existing residence, which addition is entirely located within thw 0-75' lalceshore setback zone where no structure or hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1452. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1989, and recommended conditional approval of the proposed variances based upon the following findings: A) Existing hardcover in the 0-75' zone is 26.78%. Existing hardcover in the 75-250' zone xe 58.04%. These hardcover amounts are unusually excessive for the LR-lC district and any proposed structural Editions on the property should be subject to a concurrent reduction in overall hardcover on the property. Page 1 of 5 B) There is an area of rock and plastic of approximately 231 square f«et in the 0-75' zone (per applicants' hardcover calculation) that can easily be removed to compensate for the additional structure in the 0-75' zone. The additional structure Is completely in the 0-75' zone but does not in and of itself increase hardcover on the property since it is over an existing hardcovered deck area. C) The proposed addition continues the existing east and south lines of the house, squaring off the house, and encroaches no closer to the shoreline than existing portions of the house, which are 56' from the shoreline. The proposed additions do not encroach past the defined average lakeshore setback line. 4, The City Council reviewed this application on November 27, 1989, and on a vote of 5-0 tabled the proposal pending submittal by the applicants of a revised hardcover removal proposal as well as pending a reconsideration of other alternatives for locating the addition. A revised proposal using the same addition location but reducing 0-75' hardcover from 26.8% to 19.9%, and reducing 75-250* hardcover from 57.5% to 45.9%, was submitted by the applicani-S, and reviewed by the City Council on January 8, 1990. Council voted 3-2 for conceptual denial of the proposal, directing the City staff to draft a resolution for denial. On January 26, 1990 the Council voted 3-1 to table final resolution adoption at the request of the applicant. On March 12, 1990 applicants appeared before the City Council and offered further hardcover reductions of 58 s.f. in the 0-75' zone, resulting in final 0-75' hardcover of 18.8%. Council voted 3-2 on a motion to reconsider the prior conceptual denial, and further voted 3-2 to grant approval of the proposal as revised, directing staff to draft an approval resolution reflecting these revisions, finding that the hardcover removals result in a substantial decrease in hardcover on the property. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 5 ^4 7^ €• Th# City Council find* thnt tho conditions existing on this property ere peculier to it a no do not epply general ly to other property in this zoning rictj that granting the variances would not adverselv -e t traffic conditions# light, air nor pose a fire or other danger to neighboring property; would not serely serve as a convenience to the applicants# but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicants; and would be in keeping with the soirit and intent of the toning Code and Comprehensive P* 'u of the City. ooacuMtoii# ORMn m cohditiom Based upon one or more of the findings noted above# the Orono City Council hereby grants variances to Municipal Zoning Code section 10.22# Subdivisions 1 and 2 and Section 10.55# Subdi/ision 8 to permit the construction of a room addition located entirely within the 0-75* lakeshore setback zone where no hardcover or structure is normally allowed# subject to the following conditions: 1. Hardcover in the 0-75* zone shall be reduced from he existing 26.78% to a level of 18.8% by removal of existing hardcover areas identified on Exhibit A attached# and these areas shall revert to grass. Hardcover in the 75-250* lakeshore setback zone shall likewise be decreased to 45.8% as shown on Exhibit A. The site plan and hardcover calculation basis for this apprc?val is attached as Exhibit A to this resolution. 2. The applicants are advised that no future hardcover increases on the property will be approved# and any future proposal to increase hardcover on the property might be approved only in conjunction with concurrent removals of pre-existing hardcover on the property# resulting in either a net decrease or no net increase in hardcover on the property. 3. Since the current proposal is for a 1 story addition at this corner of the house# any future proposal to place a second story above that addition will require a new variance application. 4. Authorities granted by this resolution run with the oroperty not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval# or this variance will expire on that date (_ _ _ _ _ _ _ _ _ _).Page 3 of 5 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this ________ day of _ _ _ _ _ _, 1990. ATTEST: Dorothy M. Halim, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of ____19 _• by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk tne City of Orono, a Minnesota municipal corporation ' said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 m 40U I APPLICATIOH NO.1452 CITY OP ORONO P.0, Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OP COUNCIL ACTION Date of Notice: 3/28/90 TO:Walter Pemberton 1720 Shadywood Road Wayzata, MN 55391 COPIES: TYPE OP APPLICATION: Variance DATE OP MEETING: 3/26/90 VOTE: 4 For 0 Against COUNCIL ACTION - MOTION: Tabled at applicant's request. You will be notified when a full 5- member Council will be present to take final action on your application. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. A . to: Mayor Grabek & Crono Council Members City Administrator Bernhardson Wtomt Michael P. Gaffron, Asst Planning 6 Zoning Administrator Data: March 19» 1990 Sabjact: #1452 Walter Pemberton, 1720 Shadyvood Road - Variance - Resolution for Approval List of Bshibits - Exhibit A - Draft Resolution Exhibit B - Letter from Applicants Requesting Tabling Exhibit C - Notice of Council Action 3/15/90 Dlscassioii - At your March 12th meeting, Council voted 3-2 for approval of the requested variances, subject to additional hardcover removals. The approval granted March 12th was conceptual, with a final resolution to be drafted for Council adoption. Exhibit A is the resolution drafted for approval. The applicants are requesting tabling of this application until the full S member Council is present. Staff D ndatlon - Staff recommends tabling this application until the next meeting at which the full 5 member Council is present. Motion: Moved by _, seconded by _ _, to table final adoption of a resolution granting variances for a room addition in the 0- 75* zone for Walter and Marilyn Pemberton, 1720 Shadywood Road, until such time that a full 5 member City Council will be present. Ayes ___, nays ___. G t I Ttfs N a ^ ^ // ^ <S"f<? ‘nasA^ijZ.>r^2lfe — -'-9 r-wi^ fc,. -^mi /-4T*-< <o>j -jh—*c-»- 4ar-c y -«-t, 1^ ycjp **^R 1 4 jggQ APPLICATIOH HO. 1452cm OF ORONO P.O. Box 66Crystal Bay, MN 55323 473-7357 NOTICE OF COUNCIL ACTION Date of Notice: 3/15/90 TO: Walter 6 Marilyn Pemberton 1720 Shadywood Road Wayzata, MN 55391 COPIES: TTPB OF APPLICATION: Variance DATE OF MEETING: March 12, 1990 VOTE: 3 For 2 Against COONCIL ACTION > NOTION: Council granted conceptual approval for the proposed addition based on the additional hardcover removals proposed at the meeting. A final resolution reflecting the revisions is being drafted for Council adoption. A building permit cannot be issued until final approval has been granted. If you desire certified copies of the official council minutesr they are available from the City Recorder or City Clerk after review and approval by the City Council. Your request to table final action until a 5-member Council is present will be included in the packet for the March 26th meeting. We anticipate a full Council will be available on April 9. Froa: Date: Subject: COUNCIL MEETINGAPR 91990CITY OF ORONO Michael P. Gaffron, Asst Planning & Zoning Administrator Mayor Grabek & Orono Council Members Ci*'y Administrator Bernhardson April 3, 1990 #1465 Gerald T. McCourtney, 1055 West Ferndale Road - Variance - Referral Back to Planning Commission Zoning District - LR-IA, Single family lakeshore residential, 2 acre Application - Request for hardcover and fence height variances Discussion - This property had been granted variances for hardcover in 1987 and 1988 to allow 36.8% hardcover in the 75-250' zone, and 3.5% in the 0-75' zone. Applicant's current request for additional hardcover increases to as much as 46.0% and 4.5% respectively, received a 3-1 recommendation for denial at the Planning Commission in November 1989. Anticipating similar Council denial, the applicant is proposing a revised plan with less extensive proposed increases. Th-s current plan has not been reviewed by the Planning Commission. Staff Rec ndatlon - Staff recommends that the revised plan be referred to Planning Commission's April 16th meeting for review, with a recommendation to be brought back to the Council at the April 23rd meeting. Proposed Motion: Moved by seconded by to refer revised application #1465, Gerald T. McCcurtney, 1055 West Ferndale Road, to the Planning Commission for further review at their April 16, 1990 meeting. Ayes __, nays __. CWNCIl MEETINGAPR 91990 CITY OF ORONO Mayor Grabek & Orono Council Members City Admini'^trator Bernhardson Proa: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 2, 1990 Subject: #1468 George & Sally Pillsbury, 1300 Bracketts Point Road - Variances/Conditional Use Permit - Resolution List of Exhibits Exhibit A - Resolution Exhibit B - Notice of Council Action 3/28/90 Exhibit C - Memo & Exhibits of 3/20/90 Discussion - On March 12th, Council voted 3-2 for approval of the requested variances for construction of the green house. Council had previously conceptually denied that request but conceptually approved the lakeshore grading and retaining walls. Approval of both the green house variances and the conditional use permit for grading and retaining walls has been combined into one approval resolution for Council adoption. This item was tabled at applicants' request at the March 26th meeting until the full 5 member Council is present. Moved by seconded by to adoptProposed Motion: - - - , - - - - - _ _ - resolution #_____ granting variances and cu- r.itional use permit approval for a green house addition an'^ grading/retaining wall work in the C-75' zone for George and Sally Pillsbury, 1300 Bracketts Point Road. Ayes ___, nays ___. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CO d SECTION 10.22, SUBDIVISIONS 1 AND 2, AND SECTION 10.55, SUBDIVISION 8, GRANTING A CONDITIONAL USB PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1468 WHEREAS, George? and Sally Pillsbury (her<»inafter "the applicants") are the owners of the property located at 1300 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described on Exhibit A attached (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to (a) Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, (b) S<»ction 10.55, Subdivision 8 to construct a greenhouse addition and a retaining wall within the 0-75* lakeshore setback zone, resulting in sturcture and hardcover in the 0-75* zone where no structure or hardcover is normally allowed, and which greonhous® addition encroaches past the defined average lakeshore setback line where no encroachment is normally allowed, and further (c) requesting a conditional use permit for grading work within the 0-75* lakeshore setback zone per Section 10.03, Subdivision 19. WOW, THEREFORE BE IT RESOLVED by the City Council of Orono. Lninnesota; FINDINGS 1. This application was reviewed as Zoning File #1468. 2. The Orono Planning Commission reviewed the application October 16, 1989 and recommended approval of the proposed variances and conditional use permit on a vote of 5-2, based on the following findings: A). The average lakeshore setback encroachment will not impair any existing lake views enjoyed by neighboring property owners. B). The retaining wall and associated grading proposed at the top of the lakeshore bank is necessary for preservation of the lakeshore bank, which is currently exhibiting some slumping effect. Th^ 24"-30" proposed height of the single proposed retaining wall is low enough that the wall can be easily screened using existing and additional v*»getation coupled with the stone construction materials proposed. C) . The proposed hardcover increase from 5.7% up to 7.6% (based on the extent and size of the improvements at that date) in the 0-75* setback zone is relatively minor in its impact on the lake given the relatively large 0-75* zone. Further, the effect of the additional hardcover in the 0-75* zone is minimized by the proposed drain tile which will collect runoff between the residence and the shoreline and transport the runoff to the 75-250* zone for below grade and overland dispersal. D) . The lakeshore setback variance is justified by the need for southeast exposure for the proposed growing of orchids, this being the only suitable location for such a greenhouse addition because of the existing orientation and location of the house. Further, the elevation of the existing house and proposed greenhouse addition above the lake and the height of the lakesaore bank will tend to minimize the visual impact of th<» gre<>nhouse as viewed from the lake. 3. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District; is approximately 2.96 acres (128,938 sq. ft.) in area, which is almost 50% larger than the minimum lot size required of 2 acres. Distribution of area is as follows: fi Lot Area: Hardcover: 0 75 250 Existing 75' 250' 500' 25,925 sq. ft. 62,900 sq. ft. 40,000 sq. ft. 128,825 sq. ft. ■ 2.96 AC Allowed 0 - 75' 75 - 250' 250 - 500' Total ;q.Ft. %Sq.Ft.% 1,491 ( 5.75%)0 ( 0 %) 11,450 (18.2 %)15,725 (25 %) 2,500 ( 6.3 %)12,000 (30 %) 15,441 (12.0 % avg)27,725 (21.7% avg) 4. The house was built in 1949 and then complied with all existing ordinances. The land between the house and the lake consists of a steep embankment with a reverse slope extending westward from the top of whe embankment. The steep embankment creates an erosion problem. 5. Given the lie of the land, the date of construction of the house and the location of the Pillsbury house to the south, the house is a reasonable distance from the lake (closest point is 57' from the lake). Such house location was permitted when the house was built 40 years ago. The house is as close to the lake as it is largely because of the reverse slope which made it necessary to move the house closer to obtain a view of the lake. 6. In response to Planning Commission input, the applicant's reviewed and reanalyzed the hardcover on their site. In such further review it was determined that there is a 330 sq. ft. area of large pavers near the dock about 25' from the lakeshore. The applicants amended their proposal by letter dated December 29, 1989 to delete the 330 sq. ft. of pavers for a net reduction in existing hardcover in the 0-75' zone of from 1,491 sq. ft. to 1,161 sq. ft. 7. The hardcover computation, after reduction in size of applicants' proposed improvements and removal of existing hardcover (pavers by the lake) subsequent to the Planning Commission action, as follows: CITT OF ORONO P.O. Box 66 Crystal Bay, MN 473-7357 55323 • * TIOH NO. 1468 NOTICS -OONCIL ACTION Date of Notice: 3/14/90 TO*George Pillsbury 1300 Bracketts Point Road Wayzata, MN 55391 COPIES:Robert G. Mitchell, Jr. Lindquist & Vennum 740 East Lake Street Wayzata, MN 55391 Thomas Meyer Meyer, Scherer & Rockcastle, LTD 325 Second Avenue North Minneapolis, MN 55401 Herb Baldwin Landscape Architect 4196 West 185th Street Jordan, MN 55352 TYPE OF APPLICATION: Variances/Conditional Use Permit DATE OF MEETING: March 12, 1990 VOTE: 3 For 2 Against COUNCIL ACTION - MOTION: Council granted conceptual approval for the greenhouse addition. A final resolution for aproval is being drafted for Council adoption. If you desire certified copies of the official council minutes, they are available from the City Recorder or City Clerk after review and. approval by the City Council. Lot Ar<?a: Hardcover: 0 75 250 Existing 75* 250* 500* 25,925 sq. ft, 62,900 sq. ft 40,000 sq. ft, 128,825 sq. ft Allowed ■ 2.96 AC Sq.Ft. %Sq.Ft. % 0 - 75* 75 - 250* 250 - 500* Total 1,491 ( 5.75%) 11,450 (18.2 %) 2,500 ( 6.3 %) 0 ( 0 15,725 (25 12,000 (30 %) %) %) 15,441 (12.0 % avg) T777I5 (Tr75% avg) 4. The house was built in ? 949 and then complied with all existing ordinances. The land between the house and the lake consists of a steep embankment with a reverse slope extending westward from the top of the embankment. The steep embankment cceat*»s an erosion problem. 5. Given the lie of the land, the date of construction of the house and the location of the Pillsbury house to the south, the house is a reasonable distance from the lake (closest point is 57* from the lake). Such house location was permitted when the house was built 40 years ago. The house is as close to the lake as it is largely because of the reverse slope which made it necessary to move the house clo.:*»r to obtain a view of th<» lake. 6. In response to Planning Commission input, the applicant*s reviewed and reanalyzed the hardcover on their site. In such further review it was determined that there is a 330 sq. ft. area of large pavers near the dock about 25* from the lakeshore. The applicants amended December 29, 1989 to delete th»- reduction in existing hardcover sq. ft. to 1,161 sq. ft. r Proposal by letter dated ft. of pavers for a net • i?-75* zone of from 1,491 7. The hardcover computation, after reduction in size of applicants* proposed improvements and removal of existing hardcover (pavers by the lake) subsequent to the Planning Commission action, as follows: See "Data Sheet" attached as Exhibit B In th® 250-500* zone the hardcover is 6.3% wher» the allowed hardcover is 30%. In the 75-250* zone the hardcover used is 18.2%; the increase is only 1/lOth of 1% to 18.3%; and the allowed hardcover is 25%. In the 0-75* zone the hardcover dating from 1949 is only 1,491 sq. ft. or 5.75%. With the removal of pavers by the lake, there will be a net decrease in hardcover in the 0-75* zone from 1,491 sq. ft. to 1,467 sq ft., a 24 sq. ft. reduction. Taken as a whole the hardcover on this lot, which is 50% larger than the minimum lot size, will be only 15,461 sq. ft. when the allowed hardcover on this sit® would be 27,725 sq. ft. Therefore the applicants are aiding the lakeshore drainage by under-utilizing the allowed hardcover and decreasing the hardcover in the 0-75* zone. 8. While 170 sq. ft. of the 306 sq. ft. of new hardcover constitutes a portion of the new greenhouse, other parts of the hardcover including the retaining wall/stairs (96 sq. ft.) and paving (40 sq. ft.) are for the purposes of landscaping, screening and better stabilizing the embankment down to Lake Minnetonka. The embankment has suffered some erosion damage over the years. Significantly, the applicants* drainage plans call for betterment of the existing ® oding condition by directing water away from the embankment. Such drainage plan is a significant improvement to control erosion. 9. The applicants are in their 60s and suffer from arthritis. The proposed additional area of ground foor, bedroom living space will assist tnem to better remain * their home (rather than having to climb stairs to bedroom s) and the high humidity in the greenhouse adjacent to t.. - bedroom is beneficial to reduce the impact of arthritis. 10. The existing 1949 house is as close as 57* to Lake Minnetonka which was permitted when the house was constructed. All parts of the new house construction will be futher from the shore of Lake Minnetonka than 75* with the closest such new portion being 58 1/2* from Lake Minnetonka. View from adjacent houses are not impacted by the addition. Adopted by the “:zono City Council on this ______________, 1990. day of ATTEST: James R. GtabeK, MayoE Dorothy M. Hallin, City Clerk Property Owner(s) r 11. Given the layout of the hous^ and the configuration of the shoreline there is no reasonable alternative location for an addition to the master b*»droora for additional area for it and for use as a greenhouse since such improvmeraen ts must be on the southeast side of the hous®. The applicant did reduce the size of the proposed addition and move it as far to the west to comply with Orono ordinances as jest as possible whder the circumstances . 12. The hosue has architectural significance. 13. The combination of the above factors is justification for the addition applicants wish to mak» in the zone within 75' of Lake Minn<*tonka, the placement of th<» addition 58.5 f®et from the lak® and installation of reque t<*d retaining wall, stairs, paving, grading, and drainage system. The conditions existing on this property are peculiar to it and do n t apply generally to other property in this zoning district. Granting the variances will not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties. The variances are not merely conveniences to the applicants, but are necessary to alleviate the foregoing hardships and difficulties. The variances are necessary to preserve substantial property rights of the applicants and are in keeping with th<» spirit and intent of the Zoning Code and Comprehensive Plan of the City. There is a net decrease of hardcover in the 0-75' zone. CONCLUSIONS, ORDER AND CONDITIONS Based uy \ the above findings, the Orono City Council hereby grants vakiances to (a) Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to permit construction of a greenhouse addition and retaining walls in the 0-75* lakeshoie setback zone as shown on the site plan as Exhibit C, and futher (c) grants a conditional use permit for grading and retaining walls in the O' to 75' lakeshore setb>v,i\ zone per Section 10.03, Subdivision 19, according to ihe applicants' application, as amended, subject to the following conditions : 1. Applicant shall provide the City Engineer with a detailed final grading and retaining wall plan, which must be approved before permits can be issued for the grading/r^taining wall construction. Th*» City Engin‘»*>r shall work in conjunction with th^ applicants to establish suitabl® limits for th«» grading work. 2. The applicants shall maintain existing vegetation on the lakeshore bank as proposed, and shall plant additional veg*»tation to screen the proposed 24"-30" high retaining wall from the lake to reduce its visual impact. Applicant aaall use native materials and natural coloring to minimize the visual impact of this wall to the greatest extent possible. 3. As proposed, the applicants shall construct a drain tile system between the existing residence and the lakeshore, to redirect the drainage from the 0-75' zone to the 75-250* zone for dispersal. 4. As proposed, the applicants shall remove the 330 sq. ft. of pavers near the lake. 5. Authorities grant«»d by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Coucil approval, or the special conditions of this resolution will expire on that date (_________________________, 1991). 6. Violation of or non-compliance with any or the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersign<*d applicants have read, understood and hereby agree to the terms of this resolution and on behalf of th*>mselves, their heirs, representatives and assigns, ’ ereby agree to the recording of this resolut^ in the chain of titl<» of the property. M CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1468 NOTI OP COUNCIL ACTION Date of Notice: 3/28/90 TO. George Pillsbury 1300 Bracketts Point Poad Wayzata, MN 55391 COPIES Thomas Meyer Meyer, Scherer & Pcckcastle, LTD 325 Second Avenue North Pobert G. Mitchell, Jr. Lindquist & Vennum 740 East Lake Street Wayzata, MN 55391 Herb Baldwin Landscape Architect 4196 West 185th Street Minneapolis, MN 55401 Jordan, MN 55352 type OP APPLICATION:Variance/Conditional Use Permit DATE OP MEETING:3/26/90 VOTE: 4 For 0 Against COUNCIL ACTION - MOTION: Tabled at applicant's request. You will be notified when a full 5- member Council will be present to take final action on your application. If you desire certified copies of the official Council minutes, they are available from the City Pecorder or City Clerk after review and approval by the City Council. TO: Mayor and City Council FROM: Michael P. Gaffron, Asst. Planning & Zoning Admin. DATS: March 20, 1990 SUBJECT: #1468 Georg® and Sally Pillsbury, 1300 Bracketts Point Road - Varianc®/Condicional Use Permit - Resolution for Approval List of Exhibits A. Resolution for Approval B. Letter from Applicant's Attorney Requesting Tabling C. Notice of Council Action 3/14/90 Discussion - . . your Match 12th meeting. Council vot®d 3-2 for approval of the requested variances for construction of the greenhouse. Prior to that, th® Council had conc®ptually deni®d the application but conceptually approv®d the proposed grading and retaining walls to prot®ct the lak®shote bank. Although a resolution for approval of the grading and retaining walls was drafted for the March 12th meeting, approval of the greenhouse changes the hardcover parameters of that grading approval, hence have now combined the resolutions a'to on®. The approval resolution presented with this memo is a redraft of the suggested resolution submitted by the applicant's attorney. This resolution reflects corrected data and approval dates, and has been revised into the standard Orono resolution format. Please note Exhibit B, a l®tter from the applicant's attorney requesting tabling until th® full fiv® member Council is pr®s®nt. Staff RecoBsendation - Staff recommends tabling this application until the n®xt m®®ting at which time the full five member Council is present. Motion: Moved by , Seconded by __, to table final adoption of a resolution granTlng variances and conditional use permit approval for greenhouse addition and grading/r®taining wall work in the 0-75 foot zone for George and Sally Pillsbury, 1300 Bracketts Point Road, until such time that a full five member City Council will be present. Ayes __, Nays __. CITY OF OROHO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATIOH HO. 1468 HOTICB OP COUHCIL ACTION Date of Notice: 3/28/90 George Pillsbury 1300 Bracketts Point Foad Wayzata, MN 55391 COPIES Thomas Meyer Meyer, Scherer & Pockcastle, LTD 325 Second Avenue North Robert G. Mitchell, Jr. Lindquist & Vennum 740 East Lake Street Wayzata, MN 55391 Herb Baldwin Landscape Architect 4196 West 185th Street Minneapolis, MN 55401 Jordan, MN 55352 TYPE OF APPLICATI'>H:Variance/Conditional Use Permit DATE OF MEETING:3/26/90 VOTE: 4 For 0 Against COUHCIL ACTION - HJTIvA: Tabled at applicant's request. You will be notified when a full 5- member Council will be present to take final action on your application. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. LAUWCSS V. ACAMAMocaalo c .maomumnCOWAAO M.OLCNNON MCLVIM I.OHCM«rCiM •OttCAT j, SmCAAM tSAACL C. KAAWCTZ CUOCNC NCATINO ^AMCS A MAATlNCAU • tCHAAO J. r^rzaCAALO JOHN A. roAAcsr WtLLiAM C. AOX JOHN J. CONNCtLt JCAAOLO r •CAOrALA 0AV<O M. LKACOOrr JOHN N.STAOTHMAN OAVIO O. NCWHALi. AUATIS A. OACCNcCV AOACAT V.ATMOAC A atnicm OC c ANKV AONAtO O.VANT iNC JOHN A NINSTON LA u AA n CC a NA c OOCH Thomas h .Oa AACTT mi OAAruC u. uAHO^r OAVIO J. OAVCNACAT MAAN a .JOHNSON AlCHAAO A. AAIMUTM A WALTCA SACNMAN THOMAS W. AASCL jCArACY A. SCHMIOT timOYht m. su TlKA AOSCAT Q MiTC mC lL.JA. J. MICHACL OAOT J. ACViN ccstlcv AOSCAT J. HAATMAN jOSCAM O. AOHLCA SiC mAAO O. MCNCIL OONACO C.SWCNSON SAUCC A. SONJOUA JAMCS A. MACAAT h Y STCVCN J. JOHNSON AlCHAAO IMAIS CAAOL T AlCOCA AOOCAiCX I.MACHCNCIC WILLIAM C. rLVNN JAMCS W. ACUTCA MICHACL S. MAAOULiCS THOMAS O. lOVCTT ly THOMAS C.atCNNON JOHN A. HOUS ON OCNv*S M.0*MALLCT COWAAO J. WCOCASON LINDQUIST & VENNUM4200 IDS CENTCBMINNEAPOLIS. MINNESOTA 5S402'220S TELEPHONE I8I2I 371*3211 PAX. 16121 371-3207 CA8LE: LINLAW MINNEAPOLIS INAY24TA OPPICE 740 EAST lake street WAYZATA, MINNESOTA S539I WRITER'S DIRECT DIAL NUMBER 612-473-4208 OANICL J. SHCAAN 0AV40 A. ALLOC^'CA TKAACNCC j. TwCMINO AOtr CNON AlCHAAO T.0STLU> O OCSOAAH M.ACOAN MAAT iN a AOSCNSAUM CLiNOA C.AOSCNSTCtN AOSANNC h.wiath OCBAA a AAOC MiCHACt O. OLAFSON jOC l h . oaccn OAVIO L. HALLCTT CHAA lCS A.WCAVCA.JA. OAVIO L. SASSCVILLC OAVIO A. OONNA JONATHAN M STC maat a MCCONNCLL Sally S.OAOSS man Timothy A. SACA timothy S. MCINTCC joscAH A. Thomson ANN L. IIJIMA C lKASCTH O. AST BALLY . WHlTCSlOC RATHAA mA H HgiHA WALLACC O. HILRC CHAALCS A MOOASC aati jo aopahltUAC H. TCAHAAA HAACN U. SCHACISCA CHAA lCS j. LLOYD JAMCS A. LOOOCN Susan a . mqnrmcyca jon a. taanosauo Timothy y. wOn O AANOY O.aULLiCRSON SAAAM OUAA HALVOASON Sahoaa rim william a . MIROS AOSCAT C> rUNHClM ANSIS V. VIRSNINS LAUAA L OALY or couNSBi. LCONAAO C.LiNDOUiST NOAMAN L. ncwhali . March 19, 1990 CITY OF QMNO Ms. Jeanne A. Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 mar 2 0 1990 Re: George Pillsbury Application No. 1468 Dear Jeanne: J have your notice of 3/14/90 relating to the council meeting of 3/12/90. Amongst the materials you already have is the draft approval resolution I did some time ago. I enclose a separate copy with this letter for your use. In talking with Mike Gaffron the other day, he indicate'^, that there were some details to check out, but that essentially this draft resolution could be modified to accomplish the council action desired. Please let me know if I can be of assistance in the redrafting. In the meantime, I understand that there will be some absences from upcoming council meetings of the three persons who voted in favor of this resolution. Therefore, I rccp®''^*^uliy request that you table the presentation of the fJnii counc ctior ;ntil the three favorable voters are in attenoi-nce at ti. . eetin^ Very truly yours, LINDQUIST & VENNUT4 Robert G. Mitchell, Jr. RGM/skr Enclosure cc: George Pillsbury CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1468 NOTICE OP COUNCIL ACTION Date of Notice; 3/14/90 TO:George Pillsbury 1300 Bracketts Point Road Wayzata, MN 55391 COPIES: Robert G. Mitchell, Jr. Lindquist & Vennum 740 East Lake Street Wayzata, MN 55391 Thomas Meyer Meyer, Scherer & Rockcastle, LTD 325 Second Avenue North Minneapolis, MN 55401 Herb Baldwin Landscape Architect 4196 West 185th Street Jordan, MN 55352 TYPE OF APPLICATION; Variances/Conditional Use Permit DATE OP MEETING: March 12, 1990 VOTE: 3 For 2 Against COUNCIL ACTION - MOTION: Council granted conceptual approval for the greenhouse addition, final resolution for aproval is being drafted for Council adoption. If you desire certified copies of the official council minutes, *hey are available from the City Recorder or City Clerk after review and. approval by the City Council. m ■Sl 7 NO. city of ORONO RESOLUTION OF THE CITY COUNCI MEETWG -------------— APR 91990/ CITY OF ORONOA RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) FILE #1489 WilEREAb, ?. John Hardin (hereinafter "the applicant^) is the owner of the property located at 14 96 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 4 and 5, Block 14, Saga Hill Revised, Hennepin County, Minnesota. Also commer.cing at the southwest corner of Lot 4, Block 14, Saga Hill Revised, Hennepin County, Minnesota? thence south to the northeast corner of Lot 6, Block 14? thence 54.4' east to the west line of Lot 94, Highwood Lake Minnetonka? thence n'-th to the intersection with the northerly line of Loc 4, Block 14 extended? thence northwesterly to the point of beginning, (hereinafter "the property")? and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit a 167 square foot addition to an accessory structure that would result in an oversized accessory structure of 1,166 square feet where only 1,000 square feet is allowed for this property. The addition also brings the total area of accessory structures 4n the property to 2,055.6 square feet where on3y 2,000 square feet is allowed for a property less than 1.99 acres in area. NOW, THEREFORE, Orono, Minnesota; BE IT RESOLVED by the City Council of FINDINGS 1. This application was reviewed as Zoning File #1489. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 44,418 square feet or 1.01 acres. 3. The Orono Council reviewed this application on March 12, 1990, and recommended conceptual approval of the proposed variances based upon the following findings: Page 1 of 4 iv'.'Ti .KOt; OF ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO._ _ _ _ _ _ _ _ _ _ A) The addition of 167 square feet to the existing accessory structure will have a minimal visual impact based on the roof design of the structure and the location of the structure on the property. B) The oversized accessory structure meets the principal structure setbacks for the zoning district. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant ana the effect of the proposed variances on the heaitn, safety and welfare of the community. b. The City Council finds that the conditions existing on this property are peculiar tc it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other wanger to neighboring property; would not merely serve ® convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findin-^?: noted above, Orono City Council hereby grants variances t Municipal Zrr.ii Code Section 10.03, Subdivision 9 (C) to permit the addition oi 167 square feet to an existing accessory structure resulting in a total building area of 1 6 square feet and a total area for accessory structures on 'roperty at 2,055.6 square feet, subject to the following cc ons: 1. Appl'.cant must obtain a building permit for the proposed addition ’-o the existing accessory structure. 2. Author,granted by this resolution run with the property not .n the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 9, 1991). Page 2 of 4 City of ORONORESOLUTION OF THE CITY COUNCIL NO. __ _ _ 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminal-e any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees tc the terms of this resolution and on be.ialf of himself, his heirs, successors and assigns, hereby ag: .es to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City Minnesota at a regular m'^^ting held on the 9th day 1990. ATTEST: of of Orono, April, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN ) The foregoing instrument acknowledged before me on this 9th day of April, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalt of the City. Notary Public My Commission Expires Page 3 of 4 City of OROINO RESOLUTION OF THE CITY COUNCIL NO. ^__________ STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ _ day of _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _/ — before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _r—__ _ _ ._ _ __ _ _ _ _ __— known to me to be the personfs) described in and who executed tne foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) day of 199 before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) oe^cribed ^fn and who e’xecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) f*-ne act and deed. NOTARY PUBLIC MY COMMISSIOtniXP’FES Page 4 of 4 f From: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator April 5, 1990 #1493 Chuck Downey, 2665 Casco Joint Road - Variance - Resolution Pertinent Ordinance - Section 10.22, Subdivision 2 - Hardcover. 0-75' Setback Area * 4,500 s.f. Existing Hardcover; Boat House = 273 s.f. Walks, etc. = 277 s.f. TOTAL HARDCOVER « 550 s.f. or 12.2% 75-250’ Setback Area = 8,350 s.f. Allowed * 2,087.5 s.f. or 25% Existing per Aoplicant's Original Site Plan for 1982 3,760 s.f'. or 45% Existing per Staff Fstimate « 4,516 s.f. or 54% House * 1,455 s.f. Garage = 624 f.f. Driveway * 1,030 s.f. Patio = 580 s.f. Sidewalks = 548 s.f. Retaining Walls = 126 s.f. Landscaping, Stairs,- Retaining Walls * 153 s.f. Proposed Hardcover * 4,546 s.f.* or 54% 114 s.f. of entry/porch structure 84 s.f. existing non-structural hardcover 30 s.f. net increase of hardcover COUNCIL MEETINe APR 91990 CITY OF ORONO List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Application Plat Map Property Owners List Council Minutes 10/13/82 Survey/Site Plan Submitted by Applicant Front/Street Elevation Foundation Plan 1st Floor Plan Entry Section Revised Site Plan - Staff Planning Commission Action Notice Amended Plan for Council 4/9/90 Meeting Zoning File #1493 April 5, 1990 Page 2 of 2 Review of Application - ^ rfhe.applicant proposes construction of an entry addition to 5HfTtijj^tstr^it side of the existing structure requiring no setback variance. The entry addition consists of a 7'll"x6' porch with roof and an enclosed entry room ll'x6' (review Exhibit H). The entry structure will be placed over 84 s.f. of existing non- strqptural hardcover for a net increase of 30 s.f. of hardcover within the 75-250' setback area. Staff has placed existing hardcover at 4,516 s.f. or 54%. Excessive amounts of hardcover exist within the setback area. Any additional improvement requires hardcover variance approvals. In 1982 the applicant received approval of setback and hardcover variances for an expansion of the existing detached garage. A survey submitted for that review reflects hardcover at 45%. Applicant was not required to remove existing excesses of hardcover for the variance approval. In reviewing the 1982 survey, the second story deck is not shown. Staff has no record of a permit being issued since 1982 for the second story deck. There have been expansions of the paved gravel area adjacent to the street in addition to a sidewalk from parking area to side­ walk adjacent to house. Please review hardship cited by applicant on face of application. Applicant notes of need to provide an entry as a shield/buffer from outside weather upon direct entry to kitchen. This application was reviewed by the Planning Commission at their February and March meetings. At the March meeting, the applicant was advised that approval of the new structural addition was based on overall hardcover within the 75-250' set­ back area being maintained at the original 45% approved in 1982. The amended plan (Exhibit L) submitted for the Council's review sets forth areas of hardcover improvements scheduled for removal. The applicant has reviewed the plan and agrees to the amended proposal. Based on the Planning Commission's approval recommendation, staff has prepared the necessary resolution for formal Council action. A RBSOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 PILE #1493 NHEREAS, Chuck Downey (hereinafter ”the applicant") is the owner of the property located at 2665 Casco Point Road within the City of Orono (hereinafter "City") and legally described as Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 6'xl9' entry addition to the east or street side of the existing residence requiring approval of excessive hardcover within the 75-250' setback area where 4,516 s.f. or 54% exists. The applicant proposes a reduction of hardcover within the 75-250' setback area of 787 s.f., with final hardcover at 3,759 s.f. or 45%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1493. 2. The proparty is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring 21,730 s.f. or 1/2 acre in area. The property consists of 12,850 s.f. or .29 acres. 3. The Orono F anning Commission reviewed this application on February 20, 1990 and March 19, 1990 and recommended approval of the proposed variance based upon the following findings: A) Applicant shall maintain hardcover at level approved in 1982 at 45%. B) Entry will provide a wind break and shelter from inclement weather. Page 1 of 5 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenieiice to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 6'xl9' entry addition to the east/street side of the existing residence located at 2665 Casco Point Road, subject to the following conditions; 1. The applicant shall remove 787 square feet of existing hardcover as depicted on site plan included as Page 5 of this resolution. All hardcover scheduled for removal shall be completed at the time of the footing inspection by the Orono Building Inspector. 2. Applicant is hereby advised that hardcover within the 75-250' setback area of this property must be maintained at final approved level of 3,759 square feet or 45% and that any proposed improvements to this property that result in increases in hardcover must be matched with equal or greater removals of existing hardcover. 3. 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 (April 9, 1991). Page 2 of 5 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of April, 1990. ATTEST: Dorowhy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of April, 1990 by James R, Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ __ _ _ _ _ _ _ _ _, 199 before me a Notary Public within and for said county, personally appeared _ _ _^_ _ ___ _ _ _ _ _ _ _r—r—known to me to be the person(s) described in ant! who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OP MINNESOTA ) )ss. COUNTY OP HENNEPIN ) his day of 199 before me a Notary Public within and for said County, personally appeared known to irie to b'e the person(s) described Tn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 5 ■s S JO q abPd -i. .---------------------------- I i" li ■» y&i:. c>i Vl <5'.^ • .r~ < & vl' I Rrv % .. ^ = 1 ^ s^ O' ►-• •o^ e « u a (O O o ciTT OP attomo - vautiAPCi applzcatioh Initial Application Pao $175.00 ($50.00 por aach additional varianca) Ranaifal Varianca Faa $100.00 (no changa from original application) Aftar*tha-Pact Faas (Doubla application faa) PMPttTT LOCATZOa #1 Sita Addraaa (/(i '■)rr ^ kJ Proparty Idantification Numbar (P.I.D.).^O /I "7 ^3?3c0^i J~ct Attach lagal description to application if not included on required survey. APPUCAVT Name ( Phone (h<t) '' //k D Address i .16 6- T 4,/ <; r tj l^/( _ _ _ Phone (woric) City I // vT Zipi 3^. (if different than applicant) Name _ _ _ Phone (home) Phone (wor)c) Address s Citys Zips, Date Property Acquired _ I (do) tdo no^ also own the adjacent parcels of land. (month/year) PKXsnr on or psomiTr Present Zoning District Present Use of Property ♦—'Residential Other (specify) DISCRIPTKM OP UQOB8T Estimated Construction Cost $ / Describe request in details A(\D ^ VARZAMCB8 UQOIKBD _ _ _ Lot Area Setbac)c Variances (, Other _ _ _ _ _ _ _ _ Lot Width Front X_ _ Hardcover Side _ __ Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; K. <L? V ■€ O l i-t’ 4 tr To ^ cT»< DESCRIPTION OF DNUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; >v;or 2. 3. 4.to include REQOIRED SUBMITTALS 1. Completed Application Form t Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Fin ice A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) 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 an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. YOU ARB REQUIRED TO SUPPLY 30 COPIF«? 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. Please remember that your variance application is not complete if the above information has not been included. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature^^^^ ^Date /-oOWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date A.pplicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is u'i^able to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to ad-ise the Building & Zoning Office of this change prior to the meeting. e SM CM M Q. “sJ MO fc M a lu z lit _ lU M lit MO -J P M ^ a .^.2 *oz i --S2 ^^“•'"iitS >0 «• lU 9^ > o § < > CM -I UJ sM O «• O M CM S < OC lA >■ ^ Mt MOUiMH CMOUXO. r» w a M O Z U U Z O Ui w u >-~5iic3 CO CM > > >0 < M O ^ CM X •-« S a? - MO§ SN U O lU CL N 2 U ^ O ZMU 5 Si £ V SS2 S M ^ MSs ro IS ~*8S j 5 >0 UJ > o > « CM X < -« < M O H O CM X §M a w u ^ p ^ M O 7“sl2, O O U I— CM <« O O < CO O M ^ N •« UJ > O >• CO CM X 4 >0 < M o t> a CM X °5 S gj ^8z I aSS^zS K 2 UJ > O ZM u X a u Z 7 l?i^2ouj CM S M 52 MUM M M I (/) ^ N ^ M> M O CM M O ”> M V) aX M Ss^* < X :i! 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Downey was present to discuss his variance .ippUcatlon. Olseussion Included hardcover ind turnaround in addition to the placeoont of ,• the -jara^-s. ' ^ Actln-j wiyof Butler ooved. Burr aosonded* to ipprnvc Charles Ootiney*s» 34BS Casco Feint Bead* hardr^vof iml street* front* and side Mtbach varlnncos to perolt the construction of a noo d.jt.i.thtf l aira^e as follotfsa 1. iMrdsover variance for additional hardcover of 11 or sq. ft* 2, A aide setbact of l.B*. 1. Front/Street setback to be dotorialned by staff. Bulldlnq inspector has conflmed a setback of 1* free oik tree* Motion, Ayes (II - Says (•)* Cl ty Enql.neer Cook revleued with the City teuncll the bH tabulations for the Bt-1 and B2-2 lBiprov**!iient projects statins tMt •sdia^ Associate.! %w»re the loo bidder ••^,**** water project and that Valley Ftvl^ Is bidder for the street project* also explained the necessity of an addenduo fl for the sewer and water project* to not .award the contract if advisable. Motion, Ayoa (I) - Maya (fl* ^ 9 3 Nl Vi aj ‘V u,o u, c o s i kl iH v> »-• ;5 (0^0 g5: «)cO V Z 2^it5 MH. Sc IU“x S' CC>UC. PT<^r. tmrx 4^ti6H s? S’ I *-i >C H- 3 *3 I n 30 3 3T 3 ‘I 5^ V^ % fTS .■N aJ ST? Jil ?!’=■ S'3 N 1 ■^l 1CH>&0 H-K^ ^oat/rsr>> N>(T^ O ^< N>t 5 K CITY OP OROHO P.O. Box 66 Crystal Bay, MN ZONING PILE NO. 1493 NOTICE OP PLANNING COMNISSION ACTION 55323 473-7357 Date of Notice: 2/26/90 TO: Chuck Downey 2664 Casco Point Road Wayzata, MN 55391 COPIES TO: TYPE OP APPLICATION: Variances DATE OP MEETING: 2/20/90 VOTE: 5 For 0 Against Planning Conission reconends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission refused to act on the proposed plan for additional hardcover variances over the original amount approved in 1982 at 45% with the variance application that approved your detached yard garage. Please be advised that you may have your surveyor update your survey showing all improvements with concurrent hardcover calculations. As was noted at the meeting, there were several increases in hardcover, improvements noted on the property. Staff has enclosed a copy of the staff sketch used in the review of your current proposal. You may decide to either proceed with an updated survey from a surveyor or you may use the current staff sketch. In any case, an amended plan must maintain hardcover at 45%. Per staff's calculations: 3,760 s.f. or 45% hardcover approved in 1982 4,363 s.f. or 52% existing prior to current proposal 4,393 s.f. or 52.6% proposed with the current application 633 s.f. or 7.6% of hardcover has been increased since 1982 In your revised plan, please note all areas of existing hardcover to be removed should be shown on amended plan. Please note that the amount shown for the area of the house was a typo. The area of the house is confirmed at 1,455 s.f. Please review all totals of hardcover under *Item 1 and you will note that the total is 4,363 s.f. If you wish to be scheduled before the March 19, 1990 meeting of the Planning Commission, your revised plan should be submitted no later than March 7, 1990 to meet the deadline for submission of new information for tabled items. Please contact above. office if you have any questions concerning the Froa: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson ^ 1990 Jeanne A. Mabusth, Building & Zoning Mministra4iffY Qp April 4, 1990 #1494 Francis S. Lightly, 3585 Frederick Street - Variances - Pertinent Ordinances ~ A) Section 10.22, Subdivision 1 (A) - Encroachment of average lakeshore setback line determined from line drawn from closest projections of principal residences to lakeshore. Existing Grade-Level Patio =10' Original Proposal Presented for Planning Commission Consideration 3/19/90 * 30' Amended Proposal =19' (13' encroachment of average setback line determined from second story decks on adjacent homes) B) Section 10.22, Subdivision 2 - Hardcover variances required within 75-250' setback area: 75-250' Setback Area * 14,520 s.f. Allowed = 3,360 s.f. 25% Existing = 6,791 s.f. or 47% Original Proposed Submitted for Planning Commission Review 3/19/90 = 6,644 s.f. or 45.7% Net Reduction » 147 s.f. or 1.01% Current Proposal = 6,179 s.f. or 42.5% Net Reduction » 612 s.f. or 4.2% C) Lot Coverage for Lots Under 1,99 Acres - A recent ordinance amendment approved by Council will include grade-level pool and patio areas within lot coverage considerations. That amendment has been published on March 19, 1990 and became effective on that day. Coverage is as follows: Allowed = 3,174 s.f. or 15% Original Proposal Presented for Planning Commission Review 3/19/90 « 3,638 s.f. or 17.2% Variance = 464 s.f. or 2.2% Current Proposal » 3,173 s.f. or 15%* * Current proposal presented for Council action shows a reduction in house addition of 135 s.f., 330 s.f. pool and patio reduction (review Exhibits J, K and L). ' I'vr Zoning File #1494 April 4, 1990 Page 2 of 4 ^ ‘'Ccnparlson of Original fc Amended Proposals Structural addition: Original Presented for Planning Commission Review 3/19/90 = 665 s.f. Amended *= 530 s.f. Driveway; Original Proposal * 3,318 s.f. Amended Proposal * 3,318 s.f. Patio; Original Proposal * 1,071 s.f. Amended Proposal * 741 s.f. List of Exhibits Exhibit A - Application Exhibit B - Applicant's Addendum Dated 4/2/90 Exhibit C - Property Owners List Exhibit D - Plat Map , . . w Exhibit E - Original Proposal from Planning Commission Meeting 2/20/90 Exhibit F - Amended Proposal from Planning Commission Meeting 3/19/90 Exhibit G - Neighbor's Letter 2/13/90 , /oo Exhibit H - Farmer's Insurance Group of Companies 3/5/90 Exhibit I - Survey „zo /onExhibit J - Amended Upper Floor Plan for Council Meeting 4/9/90 Exhibit K - Amended Lower Floor Plan for Council Meeting 4/9/90 Exhibit L - Amended Site Plan for Council Meeting 4/9/90 Review of Application - r The applicant proposes an addition to the lakeside of the existing structure and the replacement of an existing grade level patio with a pool and patio area that encroaches the average lakeshore setback line. The property already at 47% within the 75-250' setback area requires approval of hardcover variances, although a net reduction of 612 s.f. or 4.2% is proposed in this current plan. At the February 20, 1990 meeting of the Planning Commission, the applicant proposed a plan that would require an encroachmen of tne average setback line by a two story lakeside addition. This proposal also included a more excessive encroachment of the average setback line by a pool and patio improvement in the lakeshore yard. At the March 19, 1990 meeting of the Planning Commission, the amended plan no longer showed an encroachment of the average setback line of the proposed structural addition. The recent amendment of the accessory structure ordinance tnat would now include pool and patio areas was legally effective as of the date of the Planning Commission meeting, and as a result, the area of the pool and patio proposed in the March I9tn proposal would require lot coverage variances for structural improvements. Zoning File #1494 April 4, 1990 Page 3 of 4 Please review the factual findings noted above in comparing the proposal presented for the Planning Commission review at the March 19th meeting and the current proposal presented for Council action this evening. The pool and patio area now encroaches the average setback line by 19' (the existing one encroaches 10' in front of the average setback line). Existing hardcover at 47% is now shown reduced to 42.5%. The applicant has reduced the pool and patio area and the structural addition to the lakeside of the house, thereby requiring no longer a variance to the lot coverage allowance for a lot under 1.99 acres. Please review Exhibit G, a letter presented for consideration by the City at the time of the original proposal in February. Staff has heard nothing from the affected neighbor, but in reading the letter, it would appear that the major concern was the structural addition and its impact on the view windows of their residence. The current application no longer involves an average lakeshore setback variance for a structural addj*-ion, merely the encroachment of a grade level pool and patio by an additional 9* from the existing patio area. Council may wish for additional review comments from the adjacent neighbor prior to formal action. In reviewing Exhibit H, the insurance carrier of the applicant advises that a fence is not necessary around the pool area. If Council approves the encroachment of the average setback line of the pool and patio area, staff would suggest that plantings be provided along the east and west lot lines adjacent to the encroaching pool and patio. The Planning Commission's final vote was confusing to the applicant and was recorded as follows: 2 - denial 1 - abstention “ made original motion to table but failed 1 - approval Options of Action - Approval of amended plan reviewed at April 9, 1990 meeting requiring approval of an average lakeshore setback line of 19' for a proposed pool and patio area and a hardcover variance within the 75-250' setback area for new structural and non- structural improvements within the 75-250' setback area where 47% of existing hardcover exists. The improvements will result in a net reduction of 4.2% hardcover. It should also be noted that structure coverage is maintained at 15%. Approval would be based on the following hardships and findings: 1. The property is a narrow, triangular shaped lot preventing expansion to the sides of the existing structure. 2. The application as amended will provide no visual impact on the view windows of the adjacent property. r Zoning File #1494 April 4, 1990 Page 4 of 4 3, The applicant's insurance carrier has advised that there is no need for fencing around the grade-level pool. This approval may be conditioned on the following; 1. Applicant is placed on notice that property is already at 15% structural coverage for a lot of this size and if additional improvements involve adjustments in the lot coverage calculations, that such new improvements would have to be matched by equal removals of existing improvements. 2. Landscaping to be provided along side lot lines adjacent to pool and patio area that encroaches average setback line. 3. Verbal comment to staff or written confirmation from neighbor to east that claimed original objection to proposed improvement to property. Table providing applicant additional time to amend current proposal based on directives of Council. Denial based on Planning Commission recommendation. Council Action - To provide conceptual direction to staff to prepare appropriate resolution for Council action at the April 23, 1990 meeting. 44 /]y 1 CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 / J ($50.00 per each additional variance) Renewal Varirnce Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) OFFICE r^PERTY LOCATION Site Address 3585 Frederick Street/ Wayzata, MN 55391 CITY OF Or<Q^ m Property Identification Number (P.I.D.) 20-117-2. 12 0025 COOi ifil fll:5: 0l/26/9i Attach legal description to application if not included on required survey. APPLICANT Phone (home) 471-8660 Name Francis S. Lightly__________________ Phone (work) 474-8336 _______ Address; 3585 Frederick Street________ City;Vteyzata, MN Zip; 55391 OWNER (if different than applicant) Phone (home)___________________ Name (same)_____________________________ Phone (work)_________________ Address; _____________________________ City;_________________^Zip;--------------- Date Property Acquired October 1977 (raonth/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Residential _____________________ Present Use of Property Single Family_________________ Residential ____________ Other (specify) __________________ DESCRIPTION OP REQUEST Estimated Construction Cost $ iQ0>Qp0.»_QQ. Describe request in detail; attached sheet --------------------------------- VARIANCES REQUIRED ______ Lot Area ______ Lot Width » Hardcove.- Setback Variances (______ Front ______ Side --------- Rear) Other Average lakeshore setback_____________________________________________ HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; see attached_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF DNDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements;_ _ _see attached_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Sketches or plans of floor and elevation views. 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. YOU ARE 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. Please remember that your variance application is not coaiplete if the above Information has not been included. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and corr^t to the best o^his/her knowledge. Date 90Applicant's Signature __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga ­ tion and verification o% this reques^t. Owner*3 Signature on ^ this requesjb. H . Date Applicant must have all submittals into t*he City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled revi leetings of the Planninc 7ommission and Council. If an applicant is unab ■) attend a scheduled meeting, please make arrangements to have an auth d agent attend in your place and to advise the Building & Zoning Off' f this change prior to the meeting. Y-■Y- oiYorcmm TO; Jeanne Mabusth Building and Zoning Adminis*-^ator FROM; Fran and Kathy Lightly DATE; April 2, 1990 SUBJECT; Revised Proposal #1494 - 3585 Frederick Street nisao^i APR 2 1990 have once again reduced the scope of our project. This time we have scaled doivn the size of the house addition as well as the pool patio area in order to conform to the recently amended ordinance re­ lating to structural lot coverage. Our revised proposal reduces the area of the house addition by approximately 135 square feet and the pool/patio area by approximately 330 square feet for a total reduction of 465 square feet. I believe this puts us at exactly 15% for structural coverage. Also, this same reduction will apply to the hardcover calculation re­ sulting in a decrease of 3.2% compared to the previous proposal. This yields a prooosed hardcover at 42.5% compared to existing hardcover at 47%. Our latest revision relates to the ordinances as follows; Hardcover; proposed eduction from 47% to 42.5% proposed house addition does notAverage lakeshore set- encroach; pool/patio (lUu S tructura1 1ot coverage; variance required. ;nce) encroaches by 13 feet 15% of total lot area - no Please call Kathy or me at 474-8336 (work) or 471-8660 (h^xne) to let us know what additional information you need before the council meeting on April 9. Fran Lightly o M h otn MOW ujo: K K g Ul Kl UJ UJ UJ U CM O Q 9 M 5£=’S5 U. kfe Ui Sail:! ifl _t _j in >assiss o S 0 ^ o °£5 “S ag “ ^a ui uj M in Kl o ^ o CM u a£ ^ Q. 1 in K 0£_____assss®ri Sam I «* < O < < U Mf ^ UI UJ N a CM > > « < Kl a -J -J CM z « rw v> a §M ia tsK 6 bJ la 0. 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I- "'2-za5a a g a lO o 1 -> • aloag :r gl.io z ^ < ^ K a UJim 0 a M ° Si ^ >• >- o CM u Z -J a a tH VH >H l- aa M X s£ aa UJ o a u CM O 3 •-■ IH •H u. o a a Z rC a1 X a Of <o M a I-CM a a u <a 5 a Ma a < a >-a a a a < CO o a a a X a a u < a o oe < a nil t o I- ‘r it- 'A. • V- V m <4/ Scute DR----------HRrSA HWY. CO RD NO 'jf-zrt iin. z. Af»-oi w-.c* •V4. T?.*? V^iV.• A- •• -■'> :• .'•. — - . • I Jeanne A Mabusth, Building & Zoning Administrator City of Orono Planning Commission Re: *>1494 Land Use Application We are apposed to the variance request fcr the proposed addition at 3585 Frederick Street for the following reasons: 1. The addition will protrude well beyond the uniform setback of neighboring homes disrupting the symmetrey of the area when viewed from the lake. 2. The addition will block our view to the west. We will be looking down on a roof from our deck and into the addition from our lower level patio rather than out across a lawn to trees and the lake. This will iiminish the appeal and value of our property. Perhaps some provision for landscaping could remedy the above concerns. Laureen Braaten John McLeod 3565 Frederick Street W 944-5616 H 471-0048 FEBJ3---r, “ ilrk_i Li. ,1' 1 4.*. V '.j- ,'y Z.'‘ ■■ * -■ • FARMERS INSURANCE GROUP OF COMPANIES o*ri Niostos SAMI F* Lightly S» K. Lightly VtASrtS ^40^AB(R To whom it concerns 90746-31-03 lOAN SUMBf* ClAiMANf S MAMt 0A«| Of lOSS Illinois Fanners Insurance Group ioes not require that the insured put up a fence around the swinming pool in order to carry insurance. If you have any questions or need any additional information, please give us a call. Thank you. TRANSACrtON PENDING. PtEASE REPtY BY . _ ------- SIGNATURE CC: ..FROM 174-5439 “1)E^~AND RElGlOi^r Of Fl<' 264317 443 noooi W/300 C/2400 u S PUNTto <N u S A ^OUHaLMEEm^/0 From: Date: Subject: APR 91990 Jeanne A. Mabusth, Building & Zoning AdministJ^XP^ OROWO Mayor Grabek & Orono Council Members City Administrator Bernhardson April 4, 1990 #1495 Rodney Johnson, 3740 West Wayzata Boulevard Preliminary Subdivision, Class II - Resolution Total Area = 789,451 s.f. or 18.123 acres Proposed Parcel A » 100,730 s.f. or 2.31 acres Proposed Parcel B =* 688,721 s.f. or 15.81 acres Pertinent Ordinance - Section 11.03, Definition 66 (B) - Class II subdivision. Section 10.20, Subdivision 3 (L) - Conditional use required for crops/nursery - minimum of 10 acres of area required. In February 1982, Cliff Otten the owner of the property was granted a conditional use permit for nursery stock. Plantings from the nursery are located within Parcel B. The required area is still satisfied as the proposed area consists of 15.81 acres. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit C - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Application Property Owners List Plat Map Gaffron's Memo Septic Site Plan Council Notice of Action 2/23/82 Hennepin County Department of Public Work's Report MnDOT's Report Preliminary Plan Review of Application - Mr. Johnson, the applicant and future owner of Parcel A, presents the division of an 18+ acre parcel owned by Clifford Otten. All lots satisfy the lot standards for the RR-IB zoning district. Each parcel satisfies the 2 acre dry contiguous area. Parcel A is shown to have 2 accesses. The primary access off of Highway 12 and a secondary access exiting through an easement through the property to the west at County Road 6. Parcel B is served by an existing access already approved by the County in 1979. Please note access location and drive has been shown on the survey. Zoning File #1495 April 4, 1990 Gaffron confirms that septic testing submitted for this review finds adequate area for an alternate on-site septic system and confirms that the current system serving the house, installed in 1982, is satisfactory. Please review Exhibit G, the report from Hennepin County Department of Transportation. The County asks for an additional 17' of right-of-way for a total of 50' from the center line of County Road 6. To be consistent with previous City action, Orono will ask for only 7 additional feet, maintaining a total right- of-way of 80' for the County Road. The report from the State Department of Transporation, Exhibit J, seeks no additional right-of-way for Highway 12 noting that the decision as to the actual location for the Highway 12 Corridor will not be resolved for approximately 2 to 3 years. The State asks that any new access to this property be achieved via County Road 6 approving the existing access serving the resident. As this is not a new development with no changes proposed with this subdivision, the plat is not subject to review by the Minnehaha Creek Watershed District. Staff RecoMmendation - Staff recommends approval of the proposed 2 lot plat application of Rodney L. Johnson finding that the subdivision application satisfies all standards of the RR-lB Rural Residential Zoning District, subdivision regulations for a Class III subdivision and on-site septic codes of the City. Each lot has been found to have adequate frontage on both State and County road. Approval is subject to the following conditions: 1. The subdivision is designated as a plat. All lots shown must be defined with lot and block designations. 2. Drainage and utilities easement shall be d dlcated along all perimeter property lines, and 5' along the shared lot lines of the proposed Lots 1 and 2. 3. Dedication of 7' of additional right-of-way for Co-an‘ Road 6. 4. Payment of a park fee for the lot referred to as Parcel B of $100.00. There is no charge for Parcel A because it is a developed lot. 5. The City reaffirms its approval of the original conditional use permit for the farm/nursery stock use on Parcel B and that the original condition that no stock shall be sold from this site is still in effect. Zoning File #1495 April 4, 1990 Page 3 of 3 Additional »nts and Planning CcMnission Recoamendation ~ The Planning Commission recommends unanimous approval of the preliminary plat application and adopted the staff's recommendation. The enclosed resolution has been drafted for Council's review and action. r A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 3740 WEST flAYZATA BOULEVARD PILE NO. 1495 WHEREAS, Rodney L. Johnson on January 26, 1990 filed a formal subdivision application with the City for approval of a 2- lot residential plat of property legally described as follows: Refer to Exhibit A attached (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on February 20, 1990 and March 19, 1990 at which times all persons desiring to be heard concernirg this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on April 9, 1990 the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1. The property is located within the RR-lB Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 18+ acres. 3. The proposed plat contains 2 lots each exceeding the 2.0 acre minimum lot area requirement. 4. Each of the lots shall continue to achieve access via approved existing access drives. No new curb cuts are proposed. 5. On Feburary 12, 1990, Michael P. Gaffron, Assistant Planning & Zoning Administrator, confirmed that Parcel A had been tested and found to have suitable area for development of an alternate on-site septic system and that the existing septic system is satisfactory. Page 1 of 3 NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary lat application of Rodney L. Johnson at 3740 West Wayzata Bou ^ard per plat drawings by Gary L. Gabriel of Demars Gab. 1 '^nd Surveyors Inc. dated January 7, 1990, revised February ^ 1990, and further confirms its approval of the original conditional use permit for the farm/nursery stock use on property referred to as Parcel B on prelimianry plan and that the original condition that no stock shall be sold from this site is still in effect. FINAL PLAT SUBMITTALS The following list of final submittals must b. ubmitted to the Zoning Administrator two weeks prior to ti ^ regularly scheduled Council meeting on the second and fourth Mondays of the month; A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include; a) Lot lines platted per preliminary survey by Gary L. Gabriel of Demars Gabriel Land Surveyors Inc. dated January 17, 1990, revised February 27, 1990. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Dedication of 7 additional feet of right-of-way for County Road 6. d) The subdivision is defined as a plat. All lots shown must be defined with lot and block designations. Plat shall also be defined with a name. B. LEGAL DOCUMENTS required; a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all otner documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. Page 2 of 3 C. FEES TO BE PAID: Total Due $400.00 a) Park dedication fee per current schedule: $100.00 for Parcel B b) Final plat fee ■ $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular nieetlng held this 9th day of April# 1990. James R. Grabek# Mayor ATTEST: Dorothy M. Hallin, City Clerk Page 3 of 3 L. EXHIBIT A PARCEL A Those ports of Ixits 16 nnd 17 ’’MINNETONKA CARDEN ACRES”, accordinR to the recorded plot thereof Including thot port of adjoining half of County Rond now vncotc. 1, lying northwesterly of the following described line: Commencing at the most soulhrrly corner of said Lot l7; thence North 52 degrees 50 minutes 06 seconds West, osstimed bearing, along the sotithwester 1 y line of said Ixil 17 a distance of 996.39 feet to the point of beginning of the line to be described; thence North 37 degrees 09 minutes 54 seconds East a clistance of 210.00 feet; thence North 17 degrees 01 minutes 13 seconds East a distance of 292.97 feet to the center line of vacated County Road and said line there terminatIng. Subject to an easement for Hennepin County State Aid Highway No. 6, Plat 5. Subject to easement for Highway No. 12 per Deed Book 1133, page 413. Net Area -- 100,730 Sq. Ft. - 2.31 Acres /?■ CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site Address 3740 ^-Jest VJavzata 31vd. Orono . 1 0 §> 2^-^18-23'^^^-0008 Property Identification Number (P.I.D.) rnn-x Please check one - Property abstract or _ _ torrens? Attach legal description to application. APPLICANT Name Pxxine'^ L. Johnson Address: 3740 I-Jest Uavzata Blvd. Phone (home) (6i:U73-9662 ____ Phone (work) at?^A/.o- _______ Zip:_5535ACity: Orono OWNER (if different than applicant) Name Clifford L. Otten _____________ Phone (home) (612U73-7626 Phone (work) (612H73-5425 Address: 2182 Honestead Trail (attach list if more than one) City: Medina Zip; 55356 EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) 18.566 L«.566 XX Acres Dry Land Acres Wet Land Acres Total, all parcels Residential? no. of units _l_ Othe - (specify) _ _ _ _ _ __ _ FIf{AHC£ OFFICE ^jusc^-bom n uunit) Mi r<oi Tt2!is '0!/2d/90 Present Zoning District PROPOSAL _ _ _ _ _ _ _ Division for Tax Purposes XX Lot Line Rearrangement Only (no new building sites) _ _ _ _ _ _ Subdivit. on for New Building Sites Number of Building Sites: I Proposed Gross Density; Minimum Lot Size: Proposed Use; (check) Existing Units New Units Total Units Units per _ _ Acres Sq Feet Dry Buildable Land __ Residential “ Other (specify)_ _ _ _ _ _ _ _ MINIMOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. 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) . 4. Stamped, legal sized envelopes (#13) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ __ FEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivrision) $150.00 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, Jity Attorney, Planning Commission and Cou veil necessary to process this application and further agrees tc pay all additional fees established by ordinance. Applicant's Signature Owner's Signature Date Date A, L 7 " / Applicant must have -^^1 submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make c*rrangements to have an authorized agent attend in your place and to advise the Bui:.ding & Zoning Office of this change prior to the meeting. I To: Froa: Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: February 12, 1990 #1495 Rod Johnson/Otten Brothers - Septic Review I have reviewed the existing and proposed septic system information for this property, and would make the following comments: 1. The existing system consists of 2 tanks and 900 square feet of drainfield. We have no record of any problems with this system since it was upgraded in 1982. 2. An alternate site to the east of the existing system has been tested and is suitable for a sewage treatment mound. This site meets all required setbacks and slope considerations. 3. Per the attached diagram from City records, the existing system is well within the property boundaries and does not cross the proposed new lot line. Based on the above information, I would recommend approval of the proposed subdivision, finding that all septic requirements for subdivision are met. ClTYofORONO I IWlur Ihtk i^tat'r^M.tl ll.i« Miitiuwla '• .Ot*.\tMnM-i|iMl (NOt-rs r.ir|4i.w» 47:i.::ik7 Clifford Otten 3740 Wayzata Blvd. Long Lake, MN 5S3S6 liei Co; d^ncrot ?8o. Meecing Dace 2»22«H ^!oclc• Dace r Variance ___ Gondiclonal Uae Peraic Subdivlalon. Prelialnary _ _ Subdivision, Final !ZL ACTION Voto: _5 , For ___ Againac Abscencion tON to approve vour "after the fact* variance application for area at accessory structure of 111S.9S af of 112% and 15* of 23% street aetbteh subject to the following conditional 1) Applicant must apply for a building pemit to coagilete the neeeaaary wodificationa to bring atructure^_up_Jto_code_j£ee__deadl_lne^^dafee^^^ 2) Owner cannot uae 18 acre property as a aale site for nursery stock, DEADLI^IF DMT-_ _ _ _ _ _Margh a. leaa ■ for 3u-*!ilr:.il or new information (application way be considered r''': fomaUv wLc-ndrawr. if lnfonr.aclon or explanation is not provided) for Work ’cn.:ir app’ icic lc*n for work to begin ___ for vork to be coepleted WORK PFkMTTS A.’iK "'FOL'l'fKD - concacc Building Inspector before beginning work. VARIANCE j ;j t imltcd to the extent shown on approved plans. Cm not ch.ine** Variance authority expires one year after approval, C0NDIT10M\L dsk Ar*l’l'0’'Al. expires upon change of ownership or use, or on deadline tlice specifioJ above. 1RF.I.IM1;;<\KY r.if'iDtVISt.* :: APPRciVAL • Applicant must provide all Infomation and/or inprovertnt s rr-gulrcd for final approval. Ccmcacc Zoning Adminisrrat :>r FIMA!. *^n*.l»fV!S {••:.* MM I'OVAI. - Applicant must have drawings, resolution and lit .*riti*r rt-ciuirc-! ilnciitiHrnt s recorded, with core 1 f Icaclon of such re'’•I ret»:r*K'd ' » *hi* Ctrv I»y ilonlllne date. Iiriifi«d .'ii ' !* • iiiri.il *jir\ '^•.m:tl Minutes :r.iv be obtalnvfTFty ..•III I. • ini' : t •• Mi'k. Ml.v a' lois: thre.* weeks tro-i meting dace. HENNE DEPARTMENT OF PUBLIC WORKS Engineering Division 320 Washington Ave. South Hopkins, Minnesota 55343-8468 Phone:(612)935-3381 February 27, 1990 Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: RE: Proposed Subdivision - Rodney Johnson CSAH 6, North side, approximately 750 ^eet east of TH 12 Section 29/32, Township 118, Range 23 Hennepin County No. 1811 Review and Recommendations We reviewed the above subdivision and make the following comments: - For future Improvements to CSAH 6 the developer should dedicate an additional 17 feet of right of way along CSAH 6 making the right of way 50 feet from the center of CSAH 6. - Any access from this parcel to CSAH 6 will require an approved Hennepin County entrance permit before beginning any construction. Contact our Operations Division for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but Is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Operations Division for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, Dennis L. Hansen, P.E. Transportation Planning Engineer DLH/LDW:lw HENNEPIN COUNTY an equal opportunltv employer (fh%Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 ^akdale Office, 3485 Hadley Avenue North, Oakdale, Minr^sola Goiden Valley Office, 2055 North Lilac Drive, Golden Valley, March 9, 1990 Reply to Telephone No.593-8405 Ms. Jeanne A. Mahusth Building and Zoning Adminiscrator City of Crono P.O. Bo:: 66 Crystal Bay, Minnesota 55223 Municipal Offices In Reply Refer Tc: 315 C.S. 2713 tTH 12) Orono NS Quadrant TH 12 & CSAH 6 Section 29 & 32, Twp 118N, Range 23W Proposed Lot Subdivision Dear Jeanne: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 525.03 Plats and Suiveys. We find the plac acceptable for further development with consideration of the following comments: This is a high accident area, one of the worst in cur di. riot. We would prefer that any new access to this property be off CSAH 6. Current drainage patterns and rate of runoff should be maintained. The development plat should be reviewed by Minnehaha Creek Watershed. TH 12 upgrade in this area is uncertain at this point and a decision as to location change is minimum 2-3 years from now. If you have any questions in regard to this review, please contact Rick Dalton at 593-8523. Thank you for your cooperation In this matter. Sincerely, /^T. Povich Assistant District Engineer cc: Steve Keefe - Metro Council Kenneth Felger - Hennepin Co. Surveyor Les Weigelt - Hennepin Co. \ / MINNESOr.^^*'*^ 1990 An Equal Opportunity cn plover Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson APR 91990 CITY OF ORONO Prom: Jeanne A. Mabusth, Building & Zoning Administrator Date: March 15, 1990 Subject: #1497 Vern Larsen, 1960 Shoreline Drive - Conditional Use Permit/^ariance - Public Hearing Pertinent Ordinance - Section 10.03, Subdivision 5 - A conditional use permit is required for a non-conforming use. The roperty is located in the LP-IA zoning district. Previous retail use was approved in resolution #2193 (review Exhibit F), expired June 8, 1988. No commercial use of the property has existed on ♦•his site since early 1987. Section 10.03, Subdivision 5 (A) - Per City Attorney's memorandum, a variance to this section will be required as it involves a change from one non-conforming use to another non-conforming use. Section 10.03, Subdivision 5 (E) - Whenever a non-conforming use of structure or land is discontinued and remains discontinued for a period of twelve months, any future use of said structure or land shall be in conformity with the provision* ''f this zoning chapter. Resolution #2193 expired 6/R/88. 1 10.u9. Subdivision 3 - Conditional uses: Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective, unless prior to that time, a building permit is issued by the Building Inspector and construction is commenced and pursu.-/ towards completion on the site, which was the subject of a conditional use permit application. A conditional use permit may be renewed fer an additional period of one year provided that the request be filed prior to the expiration of one year from the date when the use permit is filed with the Zoning Administrator. T..cf Council may giant or deny an application for renew-- for a conditional use permit. i'.'i If jIM Zoning File^ #1497 March‘15, 1990 Page 2 of 4 It would be the City staff's opinion that the issuance of a building permit was secondary in regard to the principal intent to install a retail operation. y»r. Toberman was advised prior to his letter of August 30, 1988 that his conditional use permit had expired and he would have to apply for a new conditional use permit. The current application itself is a renewal conditional use permit. The building permit was required to make the necessary structural improvements for the non-conforming use to be allowed to open to the public. The commercial use was never installed. Section 10.09, Subdivision 9 - Conditional uses: Lapse of use. Should a conditional use lapse or cease for a period of 6 months, future use shall be ir conformance with the terms of the Zoning Cha^ ^ f’', unless such lapse of ceasation is determined to due to illness, nature disaster or acts of wa».. A conditional use is exactly what the term suggests, a use and has no relation to a building permit issued for construction. To staff's knowled. •, non<^ of the three standards set forth in this section is applicable for the lapse of this non-conforming use. The non-conforming use and conditional use standards of the code refer to the use of a property. When a conditional use permit requires structural improvements, a building permit is required and suggests an intent to install new approved use. Section 10.03, Subdivision 5 (J) - Applied to uses only: The non-conforming use provisions of the Zoning Chapter apply only to use which land and buildings are put, and do not apply to situations wht-e location or height of structure, lot size or other factors not involving the use of the premises prevent strict conformance of the Zoning Chapter. Where, however, <»uch a situation existed legally under the prior ap-licable law, the Council will not unreasonably restrict strict compliance and will generally look with favor on granting a variance under Section 10.08. The City Attorney's memo suggests that such variances may not be able to be granted by the City, and that additional research would be necessary. The granting of such variances may find us in violation of MN Statute 463.357, Subdivision 6 (City cannot grant a use variance). zoning File #1497 March 15, 1990 Page 3 of 4 List Of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H - Application Property Owners List Site Plan Floor Plan Resolution #961 Resolution #2193 City Attorney's Memorandum Staff Sketch Review of Current Application - Mr. Toberman has filed a renewal conditional use permit to install a boat sales/nautical shop retail use on the property. Mr. Larsen, Mr. Toberir.an's representative, has noted that this use is not specifically for a sailboat motorboats. They seek no other changes proposal. They ask for approval of the submitted with the sailboat operation in Exhibit C). operation, but for from the original original site plan the 1987 review (review Mr. Toberman is in the process of attempting to sell this property. It is impossible for him to sell the property without knowing what the City will allow now that the original conditional use permit has expired. Mr. Toberman has been advised that the City Attorney's office is preparing a memorandum concerning the legal options of the City concerning the future use of this property. The City has made it quite clear to Mr. Toberman that they are concerned with the physical limitations with this site for commercial use. The fact that a commercial use has not been installed on this property within the legal period of time suggests the unsuitability of this site for commercial use. As staff notfcu before, many of the required Improvements set forth in the original conditional use permit in 1987, such as drainage improvements, fencing, landscaping, cosmetic repair of exterior of building, internal modifications per floor plan (Exhibit D) have been completed. In fact, some need upgrading because the property has been vacant and not regularly maintained. Zoning File #1497 March 15, 1990 Page 4 of 4 The Planning Commission is asked to review the City Attorney's memo that outlines the options of action available to the City regarding this current renewal conditional use permit for the continuation of a non-conforming use. Please note, if it is the Planning Commission's intent to approve a conditional use permit, the City Attorney would ask to further research Minnesota case law and other cases from other jurisdictions to determine how they have dealt with granting variances to non- conforming use standards of the Zoning Code. If Planning Commission recommends denial based on your responses to the pertinent sections of the code and City Attorney's memorandum staff would ask that your denial of the variance '^e based on the findings in Section 10.08, Subdivision 3 (A), and that you provide further directions to Council concerning the granting of reasonable variances for the development of a single family residence on the site. A) The property consists of 11,406 s.f. in area and is served by sewer but subject to 2 acre setback standards. Would the Planning Commission recommend approval of setback variances for a single family residence . . . duplex? B) Would this property developed as a single family residence, be consistent with the surrounding pattern of residential development within the neighborhood? (refer to Exhibit H) C) What other reasonable uses could be made of this property? The applicant owns the land to the immediate east - 1950 Shoreline Drive. Per the directives of the City Attorney's memorandum, it will be necessary to have the City Assessor provide a valuation of the property if it is to return to a residential use. If the Planning Commission finds that the property is not suitable for residential develop’- t and no economic use of the property is possible, the issue a "taking" must be addressed by the City. Please feel f j to contact my office prior to the meeting if you have any questions concerning the issues raised in the City Attorney's memo or in the City staff memo. Zoning File #1497 April 4, 1990 Page 5 Additional Coments and Planning CoHnissioc ^conmendation - Please review the Planning Conunission minutes of March 19, 1990 for background discussion on issues raised for this current review. The majority of the Planning Commission members were sympathetic to the applicants' request to renew the non- conforming conditional use permit that would allow a boat sale/nautical shop use on the property. The neighbors in attendance were equally opposed to the reinstallation of the commercial use. Rezoning to commercial use was soon ruled out of the question because the City would loose control of the commercial use of this severely limited property. If there is to be a commercial use, it must be controlled with a conditional use permit. The applicant claimed that the property has not been utilized for commercial use because of the impact of the severe drought on boat sales in general. Lack of interest had nothing to do with the physical character of the property. Planning Conlssion Recommendation - Planning Commission voted to recommend approval (3-1) of the renewal conditional use permit for Gerald Toberman that would permit a boat sale/nautical shop to be installed on the residential zoned property located at 1960 Shoreline Drive. The Planning Commission further referenced the City Attorney • *.'emo that strongly recommended that if the recommendation was to approve the commercial use of the property - approving a change from one non-conforming use to another - continuation or a commercial use once it had been discontinued for over 12 months - that further case study be conducted to assure that such action would not be in violation of State Statutes that prohibit use variances. Options of Action Available to Council - A) Adoption of Planning Commission approval recommendation, but prior to formally directing staff to draft the appropriate resolution, the City Attorney must be directed to further study the issue of a potential violation of the State Statute that prohibits use variances. Can the City legally grant variances to the standards of the non-conforming use sections of the code? Zoning File #1497 April 4, 1990 Page 6 Denial. Denial of the conditional use permit for the reinstallation of a commercial, non-conforming use of the residential property and per the directives of the code to require that the property be used for a permitted use within the LR-lA zoning district. Council should review Exhibit H, the survey of the lot areas in the immediate neighborhood and determine if the property is suitable for single family residential use. Based on 2 acre standards, setback variances and hardcover variances would be necessary. If Council deems the single family residential use acceptable, staff will draft the appropriate denial resolution of the current non-conforming conditional use permit. Such resolution will contain directives to applicant for single family residential development of the site based on Council'- willingness to grant setback and hardcover variances. Denial of both a conditional use permit for the continuation of the non-conforming commercial use of the property and finding the property unsuitable for single family residential use and to determine a reasonable use of the property. If it is found that no economic use of the property is possible, the issue of a "taking" must be addressed by the City staff ; rior to any formal action by the Council. '4^ ■4fi¥n CITY OP ORONO ■/JJUn) JISS APfXJtCATZ^N 1 1 PROPERTY LOCATION Site Address I^JCp O ^A,'^ I)Kf }/1 Property Identification Number (P.I.D.) 10' Hi '2^ V>2 Please attach legal description to application if not included on required survey. APPLICANT Name l^£'P aJ l. y^/Z SSA/ Phone (home)_ Phone (work) V2 2' Address iHC? Lt'/^y-2y1■7'/^ /C^l'£> City OWNER (if different than applicant) Phone (home)____________r>j gy jJg,M^ cm .T iS.JlS Name £/h/T/^^ />?/ /17/AKt a.A -y/l/cT. Phone M V yn// Address IHC2 crAy:2/9r/9 4-Date Property Acquired _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ I (fo^ (do not) also own the adjacent parcels of land. (month/year) PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS , ^ ^ x$200.00 Commercial Site Plan Review (t consultant fees) $250.00 Vacation $175.00 Easement Vacation " $ 50.00 Easement Vacation With Subdivision - - - - $250.00 Rezoning (PUD - refer to fee schedule) ‘ $100.00 Appeals ' ” Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail:J REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. 5. €. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is cc-nplete. Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay addition"!! fees (staff time not covered by original fee payment) and/or un al ex. 'nses incurred in review of this application, and certifies that t .nformation supplied is true and correct to the best of his/her knowledge. Applicant's signature Date 90 OWNERS SIGNATURE The owner hereby rcknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature G>ju.Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Cour'^il. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. j'. CITY OP ORONO ■7 ^^era J[iand mss A p£x^cat :^no PROPERTY LOCATION Site Address /SA'^ I)K////-r"_ _ _ _ _ Property Identification Number (P.I.D.) IQ-1)1'2^ Va C022 Please attach legal description to application if not included on required survey. APPLICANT Name Phone (home) ^R/- /?X! S^_ _ _Phone (work) //^ Address U'^O^ !2/fT/h 1^/2 City- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Name S/h/T^s X/^V A>'/^ ZPA/<Z. Phone ____4^ ^ ^^^!Xj- Address // 9<T^ VT,^ ^l‘l>. '^U.i. y cool ROl•y,'City />7/Zip S'^7jfl3^z9n0Vi% 4-DateProperty Acquired _ _ _ _ _ _ _ _ _ _ I (fo^ (de not) also own the adjace"n^t parcels of land. (month/year) PEES - CONDITIONAL OSE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation _ _ _ _ $175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning (PUD - refer to fee schedule) _ _ _ _ $100.00 Appeals Other - see fee sc)edulc PRESENT OSE OP PROPERTYPresent Zoning District Preser Use of Property Residential __ Other (specify) DESCRIPTION OP REQUEST Describe request in detail: REQUIRED SUBMITTALS 1. Completed Application Perm. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). 3. Plat Map. 4. Certificate of surv»/ (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a eparate list of any other persons you wish notified of this application. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17■ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date_ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay addit.’onal fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date / ~ OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by v_ity staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature CaJUi.Date V - Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in ycur place and advise the Building & Zoning Office of this change prior to the meeting. #1472 '4.. i i ' ! '! '1i 1 • D •I. H 38 10-11 7-23 31 COOl GECPGE f ROVEGNO 2010 SI-CRELINF ORl VE WAYZAW MN 55391 38 lO-ll7-?3 31 CC89 OANIEL CREAR 1980 STATES AVE WAY2AT/ MN 55391 38 10-117-23 42 COOS A G ASCHENBECK JR 1930 SHORELINE DRIVE SAYZATA MN 55391 38 10* 117-23 42 0015 H TOURANGEAU 2060 SPATES AVE WAYZATA MN 55391 38 lC-117-23 42 0022 CRAIG OcSON 1960 SHORELINE OR HAYZATA MN 55^91 38 10-117-23 21 00C8 MARIETTA H ANDERSON 2055 SPATES AVE SAYZATA MN 55291 28 10-117-23 31 0095 TERRY 0 MORSE 2C80 SPATES AVE CRQNO MN 55391 28 10-117-23 42 0012 E ROeiE ktAYNE 5CC9 EKEL5I0R 0LVO APT ST LOUIS PARK MN 55416 28 10- 3 42 0017 LYLE V1C< ' INTERLACHE n EXCELSICR MN 55331 838 10-117-;3 Al 0C02 JCHN T SPENCE 2040 NO SHCRE DR kAYZATA MN 55391 38 10-117-'23 31 0C90 RICHARD V STINSON 2040 SPATES AVE kAYZATA MN 55391 38 10-117-23 42 0007 f ALAN NETTLES C ANNE NETTLES 1940 SHORELINE OR QRONO HN 99391 ( 38 10-117-2342 RGNALC J PRINEAS .1980 HERITAGE OR HAYZATA NN 99391 TOTAL I 0014 0001? U0«4 38 10-11'. Z3 31 009» HARRIET SPATES TORANGEAU 2C60 SPATES AVE HAYZATA MN 99391 38 10-117-23 4:t SAILORS HORLO BCX 176 CRYSTAL BAY NN 55323 38 10-117-23 4^ 0021 DANIEL CREAR 1980 SPATES AVE kAYZATA MN 59391 RESOLUTION NO. l/o! :■••r"r VU/'» A RESOLUTION ESTABLISHING A CONDITIONAL USE PERMIT FOR OPERATION OF A LAWFUL-NONCONFORMING USE OF LAND 1’ ‘ ^ I WHEREAS, Che Cicy of Orono, hereinafter City, is a municipal corporation organized and existing under Che laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono, hereinafter Council, has adopted a Comprehensive Guide Plan which sets forth the unique characteristics and constraints affecting development within the Cicy and which Flan establishes goals and guiding principles for planning and reviewing oevelopmcnt within the City; and WHEREAS, Che Council has adopted a Zoning Coda which establishing performance standards and criteria for implementacion of the guiding principles of the Comprehensive Guide Plan; and WHEREAS, the Zoning Code of the City provides for the continuing use of land or buildings as lawful non-confocmixig uses whenever such uses were lawful uses under prior zoning regulations but have since become non-conforming uses because of a lawful change in the zoning code; and WHEREAS, the property described below has become a ..awful non-conforming use of land and buildings in the manner described above; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Cicy of Orono hereby establishes a Conditional Use Permit for continued lawful use of the following described property according to the follow!^ conditions: I. Property Description 1. Legal Description - "part oi I-ots 24, 25 and 26, "Ore Park" on Lake Minnetonka and that part of Lake Street lying between the extencions of side lines of said Lots 24, 25, and 26, and between front lines of said Lots and Northwesterly line of the Ri^^ht of Way of County Highway No. 15 (lormerly No. 7) being a line parallel to and 33 feet northwesterly from the center line of existing pavement of seid UigbMey"* all of which is intended to be replatted es Lot 2, Tourengeeu Addition. 2. Lot size:(ave.) 145.58 ft. wide by (eve.) 7^.55 ft. deep - 11,435 sq. ft. (.26 acre). I i' ✓ •'5 ’C 5 A \ kcsolucion No. Page 2 3. Existing structures: One single story masonry gasoline service station 50 ft. long by 27-1/2 ft. wide (1,311 sq. ft.) consisting of two auto service bays with hoists, one 9 X 12 storeroom, one 10 X 15 office and two toilets; three 3000 gallon underground fuel storage tanks: one fuel pump island with four pumps; one advertising sign base; concrete drives over fuel tanks and at pump island, gravel surface elsewhere. 4. Existing Ownership: Land owned in fee by Harriet Tourangeau; part of the land leased to Robert Reutiman since 1954. Reutiman owns the building. Reutiman*s interests sub-leased to Texaco, Inc., in 1963 which leasee's use ceased on or about September 23, 1978. II. Existing Use 1. ' Since 1963, Texaco, Inc. has subleased station to one or more operators who have used the property for retail gasoline and motor fuel sales, light repair and exhange of parts in motor vehicles. Vehicle service included tune-ups, lubrication, tire repair, replacement of exhaust systems, engine parts, etc. Sales included gasoline of various grades, tires, batteries, additives, and parts when i.istailed in the vehicles. 2. Miscellaneous sales included vending machine sale of soft drinks and cigarettes. 3. Recent year's use has included hours of operation generally running from 6 or 7 A.M. to 6 or 7 P.M. weekdays, reduced operation Saturdays and no operation on Sundays. 4. Recent year's use has NOT included bulk fuel sales, large truck refueling or repairs, auto body repairs, welding, retail or wholesale auto parts sales, retail or wholesale sales of any other conanodity except as noted above, or outside storage of parts, equipment or trucks. k 1 ....•liolacion No. :\.^c 3 Hi. Zoning 1 Ordinance 214 adopted November 14, 197C provided for zoning of this property to LR-IA Single Family Lakeshore Residential consistent with the adjoining properties (and a portion of this property). "> Prior to Ordinance 214, a portion of this property was zoned B-1 Limited Neighborhood Bxxsiness District. 3. The B-1 zone provides for gasoline service station use by Conditional Use Permit. The LR-U zone does not allow gasoline service station use except for continuation of the existing use by Conditional Use Permit as a lawful non- conforming use. 4. Even as B-1 zoning, the service station use was non- conforming because of substandard lot size, substandard setbacks and lack of conformance to zoning performance standards. 5. The zoning was planned to be changed from B-1 to LR-IA in 1974 concurrent with adoption of the city-wide rezoning and implementation of the Comprehensive Guide Plan. IV. Conditional Use Permit for Continued Use 1. This permit is issued as an automatic condition of the rezoning occasioned by Ordinance 214. 2. This property may continue to be used for the existing gasoline service station according to Section 31.100 of ^e zoning code and according to the conditions set forth below. 3. The manner and extent of the use shall be as previously used. 4. The principal business shall be retail motor fuel sales of various grades of gasoline, specifically including diesel fuel and/or gasahol or similar fuels used for motor vehicle propulsion. 5. Accessory business may Include other existing uses 1 in Section II above. 1 :ii I ■ ■• ♦ ’ . •%S&>5=^ Resolution No. Page 4 IV. C'^nditlonal Use Permit £or Continued Use (Gone.) 6. Other uses may be considered by the Council upon application and upon a finding that the proposed use is less non-conforming than the above permitted uses. 7. Specifically included in this permit is authority for the following: a) Operation between the hours of 6 A.M. and 10 p.M. dally including Sundays and Holidays. b) Installation of one new 6»000 gallon underground storage tanks, subject to building permit. c) Installation of new or revised pump islands and fuel pumps, subject to building permit. d) Interior and/or exterior renovation and remodeling of the building, subject to building permit (and Council review of work where required by Ordinance). e) Installation of new advertising signs not to exceed size of prior existing signs. 8. Specifleal' required by this permit as a condition to authorized ope. .Ion are the following: w^) Installation of traffic separation curbing and landscaping shown on the attache, plan and required as a condition to subdivision of the property. Work to be completed no later than July 1, 197^ ✓^) Installation of fencing required by Section 38.501 of the zoning code. Work to be completed no later than July 1, 1979. 0 c) Closing of rear station window with masonry (per State Building Code). Work to be completed prior to building occupancy. d) Issuance of Certificate of Occupancy by the coning dupartnent prior to opening for business. X: r V' 5 ■ ■ ../ 'y •. X"--i r*- SSSSI^ Resolution No. Page 5 9. This permit is subject to review by the City Council upon violation of the conditions set forth herein or as provUed by Section 32.490 of the zoning code. Adopted by the City Cmmcil of the City of Orono at their reeuUr neeting on the >7- wicit_re^iarJ£.K.lelr regu] 19^ William Be Van Nest, Mayor ATTEST; Walter R. Benson, Clerk/Administrator City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 2193_________ A AK80LDT10II GBAVTIBG A COnZTIOHAL 081 PIBNIT Pn NmilCIPAL SOHItfG COOB SBCTIOB 10.03, SUBDIVISION 5 (J) OROMO RB80L0YI0N #901 - PILB #1112 WHEREAS, Smith's Bay Marina, Inc. (hereinafter -the applicant*) has an interest in the property located at 1960 Shoreline Drive located within the City of Orono (hereinafter "City*) and legally described as Lot 2, Block 1, Tourangeau Addition: a applicant has applied to the City of Orono for Use Permit to permit a change in use from the existinq sa 1 repair, a legal non-conforming use to a boat repairs on site, considered a leJs intense conjrercial use of the residential property per the directives of Secf 5 (J) and Orono Resolution #961, Item (of Section a.*! of th^t Resolution which states as follows: "6. Other uses may considered by the Council upon application a finding that the proposed use is less non-c*onforming than the above permitted uses." Minnesota MOM. TBBaBFOMI. MB IT BBSOLVBO by the City Council of Orono. PIMDIMGS 1. This application was reviewed as Zoning Pile #1112. Ling® Dt.*k..hor. Re.idunti.l Orono Planning Commission reviewed the flllow?nVnn“ngs?'’°”'* «PProv«l be.ed on the limited Tite°**^ creates less demands on the severely b) The external appearance and principal use of the property residential neighborhood ^rina ^*9*^ la)ceahore commercial uses of adjacent c) Adjacent neighbors have been notified of the proposed change in use and none have submitted written objecting Page 1 of S pi H/r ■ 5vi V City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.2193 d) The surrounding property owners support the leas intense use as long as boat repairs are not performed on site nor excessive storage of boats allowed in open yard areas. e) The approved site plan for the use will preserve adequate sighting distance at the adjacent intersection. t) The proposed use and concurrent site improvements will have a positive effect on the property values of surrounding residences. 4. The City Council has considered this application including the findings and recommendations of the Planning Commissionf reports by the staff and comments of the applicant and the effect of the proposed use on the health* safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow a change in the existing use of the property to a boat sales/nautical shop use will not be detrimental to the health* safety or general welfare of the public* would not adversely affect light* air nor pose a fire hazard or otheTr danger to neighboring properties* nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of Zoning Code and Comprehensive Plan of the City. COMCLOSIOMS* ORDER AND CONDITIONS Based upon one or more of the above findings* the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03* Subdivision 5 (J) and Orono Resolution #961 to allow a boat sales/nautical shop use that would replace the existing service station/transmission shop subject to the following conditions; 1. Applicant/owner to execute a developer's agreement and post a letter of credit by June 30* 1987 to ensure completion of the following items: a) Surface drainage plan > all surface water (runoff) to be treated on site and allowed to enter catch basin on County right-of-’way at the same rate runoff wnuld leave property if it was undeveloped. Plan to be reviewed by the Hennepin County Highway Department and City. Page 2 of 5 ... ' ■ ■ -V.- S ^ .V 7; >•. - I ^. ■i :r •; • .*v f- % k IW* F City of OFtONO RESOLUTION OF THE CITY COUNCIL NO. 2193_ _ _ _ _ b) Landscape improvements as follows: 1) The side yard adjacent to 1950 Shoreline Drive to be buffered by 5 feet of landscaping and privacy fencing up to 30 feet street setback at which point a 3-1/2 fence shall continue to street right-of-way. Existing privacy fence to be repaired. 2) No plantings within County right-of-way nor grassed buffer area adjacent to Spates Avenue and Shoreline Drrve. 3) Connect privacy fence to existing fence along rear lot line along northeast portion of property line - do not extend fence to Spates Avenue. 4) Applicant to work with City to provide appropriate natural screening adjacent to lift station and within rear yard green. c) Installation of approved parking plan providing 8 passenger vehicle parking stalls and 7 spaces for boats as follows: 1) Spaces 1 through 4 limited to larger boats not in excess of 25 feet — no masts to be installed. 2) Spaces 5 through 7 limited to smaller boats not in excess of 20 feet - no masts to be installed. d) Removal of un^’erground gas tanks per standards of Uniform Fire Code and underground tank to east of building store oil. etc., wastes from transmission repair operation. Permit from City required. e) Removal of pump island. Permit from City required. 2. A single access shall serve the proposed use» the Orono shall make the final determination regarding the location or tne access. 3. Signage to be limited to existing building *19^* shall be shielded from all lot lines - post fire lane with signage on east side of building. 4. The change in use will not require against the property. Applicant/owner is hereby advieed O?ono Resolution #1778 if a full the property that one additional sewer unit will ^ ***2.*2l«!^ •that the deferred assessment will be spread over the same emeunt of time as all other units*. _ _ _ _ _ Pan,* ^ -i ^ XA . ■AA.'*^ %ik «i*s JL' I . •'-*t City of ORONO ‘:i RESOLUTION OF THE CITY COUNCIL NO. 2193_________ 5. Authorities granted by this conditional use perait run with the property not with the applicant, but are peraissive only and must be exercised by application for a permit within one year of the date of Council approval, or this conditional use perait will expire on that dace (June 8, 1988). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1987.Adopted by the Orono City Council on this 8th day of June, \TTKT; /DZ^tothy »T.r Ha 11 in. City Clerk Jamea\R. GrabeirTl^or /.c ^. V KyMallin, City Clerk J !y ■'.5 V , it':. (1) Property Owner Page 4 of 9 A‘V r * i MEMORANDUM TO: Jeanne Mabusth Zoning Administrator FROM: Suesan Pace-Shapiro Assistant City Attorney DATE: March 8, 1990 RE: Preliminary Opinion Concerning the Conditional Use Permit - 1960 Shoreline Drive Our File No. 3643-047 You have asked our office to comment on the request for a conditional use permit for property located at 1960 Shoreline Drive. The facts, as we understand them, are set forth below. FACTS On January 1, 1975 the City of Orono ("City") amended its land use regulations and zoning ordinance. The overall intent and purpose of the zoning ordinance is generally set forth in Orono Municipal Code Section 10.01, subd. 2. On November 14, 1978 Ordinance 214 was adopted rezoning the property located at 1960 Shoreline Drive to LR-IA, One-Family Lakeshore Residential District ("LR-lA") from B-1. Orono Municipal Code Section 10.23 defines the permitted, conditional, and accessory uses allowed in an LR-IA District. Orono Municipal Code Section 10.23, subds. 4 and 5. At the time the LR-IA District was adopted, the property at 1960 Shoreline Drive was used to operate a transmission repair business. Prior to being zoned an LR-IA District, a portion of the property at 1960 Shoreline Drive was zoned B-1, Limited Neighborhood Business District. The property has been used as a gasoline station (including light repairs and service)^ since 1963. The B-1 District provides for gasoline service stations as a conditional use. Since the B-1 District permits gasoline stations as a conditional use and 1960 Shoreline Drive was used for a gasoline service station prior to the rezoning to LR-IA. the continued operation of the gasoline station was permitted as a lawful non-conforming use. Orono Municipal Code Section 10.03, subd. 5 provides that: Any land or buildings which were actually and legally devoted to a non-conforming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinafter specified. On December 18, 1978 the Orono City Council Passed p/olie ’e*’/ A-J. effect Of" rr/oirsiSr r9?rSirnar^^°e" p .-ovides: Other uses niay be considered by the Council upon application and upon a finding that the proposed use is less non-conforming than the above permitted use. (Emphasis added.) I have discussed that provision with Bruce Malkerson of our office who was the City Attorney for Orono at that time. He indicates that the intent of the Council then «as to let the oroDetty owne know that a variance may be applied for and considered un er appropriate circumstances, to vary the provisions of Code Section 10.3, subd. 5A. Orono Municipal Code Section 10.3, subd. 5A provides that: The non-conforming use may not be changed to another non-conforming use. On June 8, 1987 the City Council passed Resolution Ho. 2193, granting a second ^ allow a boat sales/nautical shop use at ,9-7 rpolacina the service station/transmission shop. The 198/ Conditional Use Permit was subject to various conditions: within the conditions requires the applicant to apply for ® P-YtTonal use a year from the^date^^the Co^uncil approved the^condi^t^ion^al perpetuated the same language of the Code and Section IV, Item 6 in Resolution No. 961 set forth above. I. raised: HAS THE iq«7 CONDITIONAL USE PERMIT EXPIRED? Based upon these facts, the following questions are -7- i .. (1) (2) Has the 1987 Conditional Use Permit expired? or an amendedMay the City grant a new conditional use permit? It appears that the 1987 Conditional Use Permit has expired. Under Item 5, Conclusions, Order and Conditions, Resolution No. 2193 provides that: Authorities granted by this conditional use permit run with the property not with the applicant, but are permissive only and must be exercised by application for a permit within one year of the date of Council approval, or this conditional use permit will expire on that date (June 8, 1988). (Emphasis added.) The property owner may argue that this language can be interpreted two ways: (1) (2) That the applicant must apply for building permit within twelve months; or That the applicant must apply for a renewal of the conditional use permit by June 8, 1988. Regardless of the interpretation of the above, the effect appears to be the same. If one adopts the interpretation that the* 1987 Conditional Use Pormit remained effective since the applicant applied for a building permit, the pending conditional use permit application still requests a change from one non-conforming use to another which may be considered by the City if a variance is applied for and granted to Code Section 10.3, subd. 5A. If the conditional use permit remained in effect, because the applicant secured a building permit prior to June 8, 1988, presuming building permits do not expire, then the Council may consider granting the new permit, only if the Council finds that a variance to Section 10.3, subd. 5A should be granted. II.HAS THE 1987 CONDITIONAL USE PERMIT BEEN ABANDONED? DISCONTINUED USE Notwithstanding the issue of whether the applicant's conditional use permit has expired or whether the applicant seeks to change from one non-conforming use to another, and whether a variance to Section 10.3, subd. 5A should be granted, there is one -3- » further consideration: Has the conditional use permit lapsed because the applicant discontinued use of the property for the purpose for which the conditional use permit was granted? Orono Municipal Code Section 10.3, subd. 5E provides; Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. We understand from staff that the property located at 1960 Shoreline Drive has not been used for sailboat sales and nautical retail store or any other use within the last twelve months. As such, by operation of law under the Code, the 1987 Conditional Use Permit lapsed. If the conditional use permit has lapsed or been abandoned, then under Orono Municipal Code Section 10.3, subd. 5E any prospective use of the property must comply with the permitted uses i* an LR-IA District. A fishing supply retail operation is not - permitted use in the LR-IA District. If the 1987 Conditional Use Permit har. lapsed. the applicant may only use the property for purposes permitted in an LR-IA District. Since retail operations are not permitted in an LR-IA District, the Council should not approve the application. Arguably, a variance to Code Section 10.3, subd. 5E may also be granted, although there is no Minnesota case on point. III. part SUMMARY. Minnesota Statute Section 463.357, subd. 6 provides in The board of appeals and adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person’s land is located. Clearly, under usual circumstances, the City could not grant a variance to allow this proposed use. How< -r, the City may be able to grant variances to the "non-c nforminn use” sections of the Code and perhaps still not vie ate the above statutory provision. A preliminary review of Minnesota case law does not reveal any case on point. We have not reviewed this issue in other jurisdictions which should be done if the City wishes to consider such variances. -4- Notwithstanding tha fact that the property located at 1960 Shoreline Drive was entitled to a conditional use permit when the property was rezoned in 1975 from B-1 to LR-IA, it appears that several concessions have been made regarding this property. In 1987 the property was granted a second conditional use permit based/ in part/ because the sailboat sales and nautical shop retail operation (marina) was viewed as less non-conforming than a transmission repair business. The property has not been used as a marina in more than twelve months and under Section 10.03/ subd. 5E of the Code the 1987 Conditional Uue Permit has lapsed. Any future use of the property should be for a permitted use in the LR-IA District unless a variance can legally be granted to Section 10.3/ subd. 5E. The City Council appears to have three alternatives with regard tr the pending application. 1. The Council Mav Deny the APPlica-tigJl. The Council may deny the application based on the fact that the property has not been used for a marina within the^ twelve months/ therefore, the 1987 ® ^ {jag laosed If the Council finds the 1987 Conditional Use Permit has been, in essence, abandoned, then any future use ot the property must be consistent with the zoning ordinance. The Council may deny the permit if it is found that the applicant failed to meet the condition in the 1987 ..'onditional tse Permit based on failure to secure a "permit" prior to ^“"6 8, lias Because of the issue relating to what type of permit the applicant was to secure, this is the most difficult argument to make. 2. Th<» counrii Mav Approve the Conditional Us.e Permit. Since the existing conditional use permit has lapsed, the City may grant a conditional use permit only „r first applied for and granted to Section 10.03, subd. 5E; if the Council wants to make sure such a variance can even be aLnted thin we should first complete our legal research of Minllsoia clles and cases from other jurisdictions to see how courts have treated the question of whether or not a variance can be granted to non-conforming use provisions. 3. A^fernative FlndiMS if the ..Canditional Vs.e Pftrnii^ is Denied. As part of any analysis of whether to grant the -hl?“tli°e"Vtop “e%%y^^crVutel^^irrn' tll%u^“4 ir^a^p^prllafl are not granted for this or other commercial use. -5- staff should show, for example, how the property could be redeveloped for a single-family use in conformance with the Code, and what the present value of the property would be if it can be used only for residential purposes. If dimensional variances are needed to allow such a residential use, the City Council should consider indicating a willingness to grant the reasonably needed variances, if any, so there remains an economic use of the property. If no economic use of the property would be possible, then a determination must be made if a “taking" of the property has occurred. ZSPS 72 -6- >■ >p>'p ^ O \J ^4^ \A* ^ -J TV-i" rf;V<n' ^ ^ ^ ^ Ci Vr) r—--.-‘^|^^v^ua> i S ^ “S I =^-JiaiLJ. ■IS // 1-^ I U II II II .1 II I) II „ „ ,) „ „ „ „ •n rO rt > r< 5 r* ^ f? ZT* o |—•!’ *• , ■ --.^-'T?i rj trc-?:r t>~^ - <j |||X • Ml ■1 is^ .xtr r.'i ^'l\ 5!f H ii *x« r< VJ ^ f“] I FROM: DATE: Subject: COUNCfL MB APR 9 1990 CITY OF ORONO Jeanne A. Mabusth, Building & Zoning Administrator Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson March 14, 1990 #1500 Erik Celms, 4050 Highwood Road - Variance - Public Hearing Zoning District: LR-IB Pertinent Ordinance: Section 10.24, Subdivision 5(b) - Lot area variance required . Required * 43,560 s.f. or 1 acre Current Proposal * 30,000 s.f. or .69 acres Original Proposal * 20,038 s.f. or .46 acres Section 10.22, Subdivision 2 - Review of hardcover within 500-1000' setback area. Total Are.^ - 30,000 A.f. Allowed *• 10,500 s.f or 35% Proposed = 4,350 s.f. or 13.5% Application: ^ . Original lot area variances (#1084 & #1205) required an additional lot width variance approval. With current proposal there is 150' lot width adjacent to North Shore Drive and 200' on Highwood Road. Required lot width for this zoning district is 140'. In the original application review, review Exhibit E, the variance review dealt with the major issue of the separation of commonly owned sewered lots. The existing residence on Lots 51, 52 and part of 53 was approved as an individual building site. That same variance approved Lots 49 and 50 as a building site. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Resolution #2293 Exhibit E - Survey From Original Applications #1084 & #1205 Exhibit F - Current Survey/Site Plan Exhibit G - Hardcover Facts Exhibit H - Cook's Report Zoning File #1500 March 14, 1990 Page 2 of 2 Discussion - In 1986 and 1987 portions of this subject property were approved for lot area and lot width variances. The original application proposed only 2 lots. Lot 49, and 50. The current proposal now includes Lot 48 as noted above, current proposal does not require lot width variances as noted in the earlier review. Lots 49 and 50 were already each assessed for a half sewer unit and front footage. A single sewer stub has been provided to Lots 49 and 50. The City Engineer has reviewed the proposed site with the new access location and recommends approval subject to the City obtaining drainage easements around the perimeters of the property. In addition, he notes the need to coordinate the sizing of the culvert for the proposed driveway with the Public Works Director. There have been no change in findings from the original resoultion that approved the lot area and lot width variances for Lots 49 and 50 except for the addition of Lot 48. Staff Reconmiendation: Staff would recommended approval of the proposed lot area variance application of Erik Celms based upon the following findings citied in resolution #2293 and approved is subject to the following conditions: 1. Applicant to obtain a driveway permit from the Public Works Department of the City of Orono prior to the issuance of a building permit. 2. Payment of a $225.00 sewer trunk charge and $430.00 park fee at the time of issuance of a building permit. 3. The legal combination of Lots 48, 49 and 50 to be completed prior to the filing of the building permit application. 4. Dedication of drainage easements around the perimeter of the property, 10' along the sides of the County Road and Highwood Road, and 5' along the remaining sides. Zoning File #1500 April 4, 1990 Page 3 Additional snts and Planning Conmission Recommendation - The only remaining issue to be resolved concerning this application is the proper assignment for an address to the site as the formal access to the property is located off a public roadway named "alley". Staff would recommend that an address be assigned off North Shore Drive. The Planning Commission recommended unanimous approval of the renewal variance application and adopted the staff recommendation. The enclosed resolution has been drafted for Council's review and action. i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) PILE #1500 WHEREAS, Erik G. Celms (hereinafter "the applicant") is the owner of the property located at 4155 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 48, 49 and 50, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new single family residence on combined Lots 48, 49 and 50 comprising .69 acres where 1.0 acre in area is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1500. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on March 19, 1990, and recommended approval of the proposed variance based upon the following findings: A) On Novemoer 9, 1987 the City granted approval of a lot area and lot width variance for Lots 49 and 50 comprising .46 acres in area. The current application proposes a total of .69 acres with the addition of Lot 48. B) Lots 49 and 50 were each assessed for 1/2 sewer unit and front footage. At the time of assessment 1970~LS-1, Lots 49 and 50 were considered as separate building site even though the property was, at that time, vacant and zoned for 1.0 acre minimum lot size. C) A separate sewer stub has been provided to Lots 48, 49 and 50. Page 1 of 4 D) The proposed building site is consistent in area to other lots that have been approved as building sites in contemporary times in the LR-lB zoning district, 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the *\pplicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a building site that consists of 0.69 acres instead of the required 1.0 acre, subject to the following conditions; 1. Applicant shall obtain a driveway permit from the Public Works Director prior to the issuance of a building permit. The sizing and placement of a culvert under the new access drive shall be determined as part of the driveway permit review. 2. Payment of a $225.00 sewer trunk charge and $430.00 park fee at the time of issance of a building permit. 3. The legal combination of Lots 48, 49 and 50 to be completed prior to the filing of the building permit application. 4. Prior to the issuance of a building permit by the City, the applicant shall grant drainage easements to the City around the perimeter of the property, 10' along the sides of the County road and alley, and 5' along the remaining side. Page 2 of 4 I A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1500 WHEREAS, Erik G. Celms (hereinafter "the applicant") is the owner of the property located at 4155 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 48, 49 and 50, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property")? and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new single family residence on combined Lots 48, 49 and 50 comprising .69 acres where 1.0 acre in area is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1500. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on March 19, 1990, and recommended approval of the proposed variance based upon the following findings; A) On November 9, 1987 the City granted approval of a lot area and lot width variance for Lots 49 and 50 comprising .46 acres in area. The current application proposes a total of .69 acres with the addition of Lot 48. B) Lots 49 and 50 were each assessed for 1/2 sewer unit and front footage. At the time of assessment 1970-LS-l, Lots 49 and 50 were considered as separate building site even though the property was, at that time, vacant and zoned for 1.0 acre minimum lot size. C) A separate sewer stub has been provided to Lots 48, 49 and 50. Page 1 of 4 D) The proposed building site is consistent in area to other lots that have been approved as building sites in contemporary times in the LR-IB zoning district. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a building site that consists of 0.69 acres instead of the required 1.0 acre, subject to the following conditions; 1. Applicant shall obtain a driveway permit from the Public Works Director prior to the issuance of a building permit. The sizing and placement of a culvert under the new access drive shall be determined as part of the driveway permit review. 2. Payment of a $225.00 sewer trunk charge and $430.00 park fee at the time of Issance of a building permit. 3. The legal combination of Lots 48, 49 and 50 to be completed prior to the filing of the building permit application. 4. Prior to the issuance of a building permit by the City, the applicant shall grant drainage easements to the City around the perimeter of the property, 10' along the sides of the County road and alley, and 5' along the remaining side. Page 2 of 4 5. 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 (April 9, 1991). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular i.ieeting held on the 9th day of April, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of April, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 AtCttipt- Zaitlal JlppIieatioB fmm HMrOO ($$••00 p^r Mdl •dOitioMl ▼ariaa< mmmml Variaaop FM $75.00 (M ciiaafp frai oripiMl appUestioa) Aftar-tiM-fOct fOAS (Ooiibl« applicAtion t—) #i4«WC$0IM Oito Addnos ./■ Froyrty SdontifioAtioa mmhrnr (P.Z.O.) V/\ V2p. PlAAM olMek OM - fropArty . abstract or . torraaa? Attach Icfal doacriptioa to application if not iaclodod on roqnirod anrvoy. £g/< /ir CsU^-i Addrasst Csr""r ..CT Phono Choaio) _ _Phono (work) Av:jCityt liPi (if different than applicant)Phono (hCM) Phono (work) Addroaat City I Xipt Date Property Acquired (nonth/yoar) Z (do) (do not) also own the adjacent parcels of land. Present Xoninq District Present Use of Property nesidential Other (specify) Istinated Construction Cost I. Describe request in detail t. i Lot Area Oetback Variances i 'd c ■' ''Other^ Let Width Front __ Bsrdcover Side _ _ _Pear) /v* I EMU)SHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form 2. . Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendijm to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Aoplicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been inc ii'^^d. Certification by Zoning Depai\. .t that Variance Application is complete. Zoning Official's Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all infor-nation required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date ONNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held 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 authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ^ x: i ' _?il—r"’ ax? -r:. *!»■ :rpi'Sit ’ . 1 >M — 9 o\ '* ? 11?'^9 —r-r— ----*. " \k^ i^^\\;\« » h’L^ ^^jy3g OHymT] ,-^yvd f——7';/ ------------------------- ^ S •“ -V- u 1 \ w\\ ^■"571* "I « -i—--------1____________ ................."......^ 0 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2:93 A EIBSOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) PILE #1205 WHEREAS, Robert Maxfield (hereinafter "the applicant") is the owner of the property located at 4175 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 49r 50 , 51 , 52 and the east 1/2 of Lot 53, Highwood Lalce Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new single family residence on combined Lots 49 and 50, comprising 0.46 acre where 1.0 acre in area is normally required, and a lot width of 100 feet where a width of 140 feet is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1205. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance based upon the following findings: A) The existing house proposed to remain on Lots 51, 52 and 1/2 of 53 is located 33' from the east line of Lot 51, 35' from the west line of the east 1/2 of Lot 53, and 55' from the front lot line, meeti;g the required setbacks for the LR-IB zoning district. Proposed lot area for the existing house is 0.57 acre in this one-acre district, with a proposed lot width of 125' where 140' width is required. The existing hardcover on these three parcels is within the allowable limits. B) The proposed building site comprised of Lots 49 and 50 will be of width 100 feet and depth 200' for a lot area of 0.46 acres. This lot area and width, taking into account the required yard area, provides a buiding envelope of 80' width and 135' depth, and would allow up to 6,675 s.f. hardcover, providing ample area to construct a single family residence without the need for further variances. Page 1 of 4 0 smmi City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2293_________ C) Lots 49 and 50 were each assessed for 1/2 sewer unit and front footage. Lots 51, 52 and 1/2 of 53 were in total charged 1 sewer unit and front footage. At the tiiae of assessment 1970 LS- 1, Lots 49 and 50 were considered as a separate building site even though the property was, at that time, vacant and zoned for 1-acre minimum lot size. D) A separate sewer stub has been provided to Lots 49 and 50. E) Both the proposed building site and the site with the existing residence are similar in area to other common-ownership lots which have been approved as building sites in conte.mporary times in the LR-IB zoning district. F) The proposed new building site on Lots 49 and 50 is larger than 29% of the currently developed properties in the LR-IB zonir.7 district. 4. The Hennepin County Department of Transporation has indicated they will approve an access onto County Road 19 for the property. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 demon­ strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on Lots 49 and 50 of the property, which lots comprise 0.46 acre in area and 100 feet in width where 1.0 acre in area and 140 feet in width are normally required for construction of a residence; and grants variances to Section 10.24, Subdivision 5 (B) for the existing residence on Lots 51, 52, and the east 1/2 of 53, which lots comprise a parcel 0.57 acre in area and 125 feet in width where 1.0 acre and 140' width are normally required, subject to the following conditions; Page 2 of 4 City of OROIVO I -- cmaNdf RESOLUTION OF THE CITY COUNCIL NO. 2293 _________ STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this day of 1987^ before me a No^ry Public within and for said county, personally appeared niOv^o/d _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. My oonww«*on MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) SS . COUNTY OF HENNEPIN ) , i9aV,On this ^ day of >Ll<<(-(J>-^rKviQJLr~ 198_/, before me a Notary Public within and for said County, personally appeared fl'^n/U-PlcI known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC TMtntSA L. NAAB •"HtNiSpiN couim^'' My oowMwmion wiw** W-W MY COMMISSION EXPIRES Page 4 of 4 fr City of OFtOISO CITY* OF OROwa RESOLUTION OF THE CITY COUNCIL NO. 2293 1. County driveway access permit must be obtained and submitted prior to issuance of building permit for Lots 49 and 50. 2. Payment of $225 sewer trunk charge and $430 park fee at the time a building permit is issued for Lots 49 and 50. 3. Maximum permitted hardc ver is 50. 6,675 s.f. on combined Lots 49 and 4. Ma: imum permitted hardcover is 7,781 s.f, on combined Lots 51, 52 and east 1/2 of 53. 5. Combination of Lots 49 and 50, and combination of Lots 51, 52 and 53 must be completed prior to issuance of buiding permits for either building site. 6. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 9, 1988). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant have 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 resrlution in the chain of title of the property. 1987. Adopted by the Orono City Council on this 9th day of November,. CEttificate.0£ ^unlEi^£.IP 8 4 Survey Tor BO & PD Y P! U Book 7JZ Pago f File______ rniS IT!M XiU iSH ^'aS^riUK!) SCRL£ O - xeON S£7~ 0= TSo// X^PL SCHOBORG HD SURVEYING INC. B72>332l 2. Ooi 133 0(t.AM«. MN Ssr-2B LOTS 4? ri/^D SrO \ ^/iGt/iJuOOO l^JCtr N\lh/N B’TO^/HR^ f/£V/\/EPt^ COuAjryi nM/VNSSO'TP- I HEREBY CERTIFY THAT THIS PLAM, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAV/S OF TH3 S*^TE OR MINNESOTA. UKlZ^cPr: REGISTRATION NO. 14700 FOR; CERTIFICATE OF SURVEYERIK C£tnS f r ^rn.Tie- LEQAL OESC(l\?llON LOTS HlCtHVJOOO LfiKE /^IN^J£TON^/i, U£A/A/E'm COUhJTr, A1V O = IRON MON. SET□ = WOOD STAKE PLACED B.M.- BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM _________1st FLOOR ELEV. 92. f BASEMENT ELEV. = DRAINAGE 000.0 = EXIST. ELEV. 000.0 = PROPOSED ELEV. • = IRON MON. INPLACE GARAGE FLOOR ELEV. top block ELEV. E & P 000.0= EXIST. & PROP. ELEV. SCHOBORG f ND SURVEYING INC. 972-3221 Rt. 1. Box 206 Delano. MN 55328 I hereby certify that this plan, survey or report was prepared by me or under rny direct supervision and that I am aduly Registered Land Surveyor under .rt 'aws of the Slate of Minnesot Date: /99C?Registration No. 14700 JOB» 3594 Book - Page I (.>-21 Scale r-40 91 M HARDCOVER. CALCUUTION WORKSHEET ScT3Ac;< ZONE: (circle one ) 0-75' 75-250' 250-500'/ 500-1000' EasTiNG Hardcover in Zone _ ^C7.0 B. Garage c. D riveway D. Sidewalk E. Patio / D ec \ G. Other :7c:P /z /7 J' iZ ' F.Landscape AREAS UNDERLAIN ___ ?^Asric' --------- SHEETING : H.Tizf/ WIDTH X X X X X X . X . X , X _ 2Z- 7. ^ . X . X X X X X , X . /2' Total Hardcover in Zone Total Property A rea in Zone S.F. /8 ‘M m 4<^^0 _ S.F. _ S.F. __ S.F. _ S.F. _ S.F. _ S.F. _ S.F. .. S.F. _ S.F. _ S.F. . S.F. . S.F. . S.F. , S.F. S.F. S.F. S.F ^ssbbAi ***7 \J\ 0 m s.P. 0 ^ 4-d>5D 4- l~f] '30,ajO X 100 » % Bones troo Rosene Anderllk & Associates Engineers A Architects om G aawftwaa. »» tooen W HoB-y* W C AiwinMt ir««uni > Juw. C Oiwn. ®ertrt * Coe*. P% •nam»i I Meyvi PP WXW C iCTX^Pl Pi f*arm L wrva'j Pt H»m A GiwaoA, Pt sV fonw 01 fJnnWfiC Bu«0Ma.M Jp»7 A Iwmon. Pt MM A MoriiOA. Pt rtat M-4 PI Mif«M T tmpmjfvi Pt toaen * PW«. PI O bMMMA PI Tho«4» w Peirw*. PI M«AM C liynch PI Jtmtl a Uh»>K Pt lenncert P A/«enai PI M»* R ia\ M i90r«l C RLtWa A I A T»W»I I AA9UI R| HAMM A Sl/<«M Pi Ovw i Segeean Pi mm A iTft u Ppftp J CnvMi Pt Mark 0 VWMk Pf Toom^t • Arwi^M A t A (.jry » Ry'MJPf Pt Man B jfrHtn. Pf I Pm'it 0>4v«i It Pf CNnn A tiKMor Uk»M PAveiiy ha A itM 0.'»n V.UTM tocnrt CPA March 13, 1990 City of Orono Box ee CryftAl Bay, MN 33323 AttnI Jeanne Mabusth Ret 139-1300 Erik Celma Dear Jeannei Ve have revievtd the Eric Celna property on Mrth Shore Drive. Ve would recoaaend that drainage easements be obtained aroum^ lot perimeter. The culvert to be placed under the proposed drivev- ,h4uld be coordinated with John Cerhardaon. If you have any questions please contact this office. Yours very truly, 60NESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. /f4-/ Glenn R. Cook GRC:dh GRC/19 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson s ma r I -2 Pros: Jeanne A. Mabusth, Building & Zoning Administrator Date: March 15, 1990 Subject: #1501 Robert J. Pitchie, 3572 Shoreline Drive - Commercial Site Plan Review Per the directives of Council's approval of a conditional use permit for a veterinary clinic on the subject property, applicant was required to file a commercial site plan by a deadline of the March 1990 meeting of the Planning Commission. The current application involves the second part of that review - a commercial site plan review. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E Exhibit P Exhibit G Exhibit H Exhibit I Application Applicant's Addendum Floor Plan Cook's Report Council Minutes of 12/11/89 Resolution #2739 Approving Conditional Use Permit for Veterinary Use Photos of Sign Commercial Site Plan Elevation Pertinent Ordinance - Section 10.44, Subdivision 6 (A) - Minimum Area * 20,000 s.f. Existing * 13,450 s.f. Section 10.44, Subdivision 6 (E) - Side setback west Lot line: Required ** 15' Existing » H'2'' Substandard Setback Variance » or 26% Street Setback; Required « 35' Existing * 34' (this does not include front deck addition) Substandard Setback Variance/Principal Structure » 1' or 2% Section 10.61, Subdivision 3 (A) - Allowed Individual Sign « 50 s.f. Proposed » 32 s.f. .T‘ Zoning Pile #1501 March 15, 1990 Page 2 of 4 Section 10.61, Subdivision 3 (D) - Setback for sign. Required ■ 18' (front yard required » 20' for sign over 10 s.f. - allowed 2* encroachment) Existing Support Structure for Former Sign * 10' Proposed Location for New sign * 10' (applicant is using existing support posts for current sign) Section 10.61, Subdivision 10 (K) - Parking required for professional office. 1 Parking Space for each 200 s.f. of floor area Total Floor Area * 1,764 s.f. -265 s.f. (reduced 15% for storage area, etc.) TOTAL 1,499 s.f. Net Floor Area 1,499 s.f./200 Required * 7 stalls Proposed * 7 stalls 7.49 or 7 spaces Zoning District - B-5 Limited Neighborhood Business District Review of Commercial Site Plan - Based on the directives of Resolution #2739, the applicant has applied for the legal combination of Lots 18 and 19, Block 7, Navarre Heights. Applicant has completed all necessary interior improvements. The veterinary clinic opened sometime around the first of the year. A new sign has been installed within the previous support foundation of the former sign, set 10' off the right-of-way of Shoreline Drive. The 10' setback for signage and parking is consistent with the setbacks approved for previous upgrades/improvements within the Navarre area (Lowell's, Drairy Queen, etc. are all located 10' off the right-of-way). Based cn applicant's addendum, a new deck will be installed by April 15th. The deck shall not be allowed to encroach any closer to the street lot line. New siding for the building is planned in the spring of 1990 if financially able, otherwise the building will be painted medium gray with white trim and shutters. The rool is in good condition, approximately 5-6 years old. Zoning File #1501 March 15, 1990 Page 3 of 4 At an earlier meeting, members of the Planning Commission concurred that they wanted major upgrading of this property in light of the Navarre redevelopment. As the City has not adopted a formal redevelopment plan for this area, nor has a required Comprehensive Plan amendment and Zoning amendment to implement this Comprehensive Plan been approved by the City. The City has no authority to demand the major upgrading of this property at this time. The new veterinary use allows the City to ensure that the existing structure is in safe condition for public use and to determine if adequate parking has been provided for that new use. Landscaping and signage issues have always been addressed when there is a change in use with no structural improvements. As for any other demands upon this applicant, there is nothing in your current code that would require any other major change. Please review Exhibit D, Cook requires the extension of the blacktop area for stalls 3, 4 and 5 at a minimum of 40' east of the west property line. The survey currently shows approximately 38'. The blacktop area between parking space 2 and the south property line must be removed and returned to green space. The applicant proposes additional plantings adjacent to the signage and five spruce trees along the rear property line. Note the existing shed within the east lot to the rear is to be removed. The existing garage is in good condition and shall serve as the parking stall for the principal user of the building, the veterinian. Approval of the commercial site plan for the property located at 3572 Shoreline Drive must include the following conditions: 1. Per the directives of Resolution #2739 that granted the conditional use permit ^*r the veterinary clinic, the following conditions are . : licable; A) All site impro ' ’^?nts required as a result of the commercial site plan :mst be installed by September 15, 1990. B) Any change in the level of use by an addition of a vete '‘narian, expansion of examination rooms or propos.d additions to the facility would require approval of a new conditional use permit. 2. Plans to install outdoor kennels or pens will require a conditional use permit. Zoning File #1501 March 15, 1990 Page 4 of 4 3. Commercial site plans submitted for this review, revised date 1/26/90, shall be amended to include the following: A) Parking area to rear of principal structure within location of stalls 3, 4 and 5 shall be expanded eas­ tward for a minimum of 40’ from the west property line. 4. The 10* wide paved area between stall 1 and the south property line shall be removed and green area restored. 5. Applicant has agreed to either reside existing structure or repaint sometime prior to September deadline date. 6. Any improvement proposed of the existing deck on the south side of the structure cannot involve an extension closer than the current deck to the street lot line. Additional Coanents and Planning Coamlsslon Recnmirndatlon - April 4, 1990 The Planning Commission once again reaffirmed that all required improvements were to be completed by the original deadline of September 15th, as agreed upon in the original conditional use permit review for the veterinary use. The Planning Commission amended the staff recommendation, recommending that no outdoor kennels or pens every be allowed on this site because of proximity of the residential neighborhood to the immediate north. Planning Commission members also specified that the spruces to be planted along the north property line were to be at a 6* height. In regard to the concern of the applicant to maintain the 10* strip of paving along Shoreline Drive, staff would recommend that the City Engineer make final determination as to the need for the additional paving to assist patrons in safe access to and from Shoreline Drive. Planning Connd.8sion Recommendation - To approve the commercial site plan presented by Robert Ritchie for the property located at 3572 Shoreline Drive subject to the following conditions; 1. Per the directive of Resolution #2739 that granted a conditional use permit for the veterinary clinic, all site improvements required as a result of this commercial site plan must be installed by September 15, 1990. 2. Applicant is hereby advised that any change in the level of use by an addition of a veterinarian, expansion of an examination room, or proposed additions to the facility would require approval of a new conditional use permit. Zoning File #1501 April 4, 1990 Page 5 of 5 3. Because of the proximity of this commercial property to a residential neighborhood, the City will not allow the installation of outdoor kennels or pens for the veterinary use. 4. The commercial site plan (landscape plan) submitted for this review and dated 1/26/90 shall be amended to include the following; A) Parking area to rear of principal structure within location of stalls 3, 4 and 5 to be expanded eastward a minimum of 40' from the west property. B) Spruce trees to be planted along north property line be installed at a 6' height. 5. Any improvement proposed of the existing deck on the south side of the structure cannot involve an extension closer than the current deck to the street lot line, as existing deck does not meet the required setback of 35' from the street lot line. 6. The City Engineer shall reinspect the site to make a final determination as to the need for the 10' wide strip of paving adjacent to Shoreline Drive as to facilitating safe ingress and egress to the site. Proposed Motion: Moved by ___, seconded by ___, to adopt the approval recommendation of the Planning Commission that would accept the -lommercia 1/landscape plan of Robert Rit~hie for the property located at 3572 Shoreline Drive. Ayes ___, .iays ___• Vfc/»,Srn.-4 CITY OP ORONO - GENERAL LAND USE APPLICAT^Ol^ - - - - - - - - - - - - - - - - - - - - - - - - -7^/^- PROPERTY LOCATION Site Address I, ^ ifX ^■-1-0-U 1 .•^57Z g.HnPFl/AJg Cfc.__________ Property Identification Number (P.I.D.) _ _ _ _ _ _ _ _ _ _ _ ___ _ _ Please attach legal description to application if not included on required survey. APPLICANT Name Phone (home) _Phone (work) Address /qn< RpAtU Lj4_ _ _ _ _City yjiA^^AlA OWNER (if different than applicant) Naune \J Beaci Phone (home) V71 * Phone Address IQol nEAflA L/S/ City VAyy />T/<> zip SSIV Date Property Acquired (month/year) I~(do) (do not) also own the adjadent parcels of land. CITY OF QR3€ ~~ ~ ~ i7?7*7Cir PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee ,. . r. ‘^f'O 1After-the-Fact Fee - Double Current Application Fee _ _ _ _ $ 50.00 For each variance request with CUP applicS4^rt' ‘^''oC/^/90 _ _ _ _ $125.00 Residential accessory Use _ _ _ _ $150.00 Institutional (church, school, etc.) _ _ _ _ $150.00 Guest House/Guest Apartments _ _ _ _ $150.00 Duplex Credit/Bldg _ _ _ _ $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 of lakeshore PRD/PID - see fee schedule $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation ' $175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision - - - - $250.00 Rezoning (PUD - refer to fee schedule) $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District e-r Present Use of Property Mq’T" QgTuiMED Residential ‘other (specify) DESCRIPTION OF REQUEST Describe request in detail:scribe request in det; » Mo OuT^iflg ar AmiMAK- REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topograpnic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wijh notified of this application. 2. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUI'PI.Y 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _ _ __ _ ___ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses Incurred in review of this application, and certifies that the information supplied is true and correct to the be^ of h>sy'her knowledge. Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, ^nd Council members for purposes of investigation and verif Owner's signature s request. Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Box 385 Soring Park MN 55384 612-471-8809 FEBRUARY 22, 1990 CITY OF ORONO .^0 BOX 66 Crystal bay, mn. 55323 ‘ATTN: JEANNE MABUSTH RE: Zoning file #1478 3572 Shoreline Dr. Jeanne: 1) Signage: One 4'x8' sign installed in existing 4"x4" post located 10' from property right of way (photo's enclosed and permit is applied for. 2) Lighting: To remain the same. 3) Landscaping: Add trees to front of building by sign and one tree at the rear property line, (see site plan) 4) Approved parking: Two stalls in front, five stalls in the rear including garage, (see new site plan) Would like to leave black­ top in front in ease of backing up so client can drive forward to Shoreline Dr instead of backing out and creating a traffic hazard. Extend blacktop in rear of building to required length of parking stall, (see site plan) 5) Drainage: According to survey drainage is no problem. 6) Exterior of building: Installing new deck (by April 15th, 1990) to meet code. Plan to install new siding in the spring of 1990 if money permits, otherwise we will paint the building light to medium gray with white trim and shutters. The roof appears to be in very good shape approx. 5-6 years old. A new Mechanical system and proper Electrical service has already been completed. All Landscaping and Driveway improvements will be made as soon as weather permits. The shed in the rear will be re­ moved by April 1, 1990. Thank you for your cooperation and any comments would be appreciated Sincerely, Robert J. Ritchie )• \ - .Ij 1 1 1 1 .-!—I It>fO ^Y^A*n*f ^•y T] 1 I^XA* I ^ l \ 4-^0 C N ** ^ C^c-C» ^ \-OV^/AT^ L.6>/<fe< ^2^ C hi • SoAUC* ^ m Bonestroo Rosen" Anderlik & Associates 0.:g C >on«{rjtt ‘'C »««« W %9IC*K H .«e:f> C Ai*«ntt. *1 ( TgffV C OKon. a'c*'*’ • C9o«. n I NCyn •cecr C n Mj-vm L JOlWl*. A fio-tfo" »C •<•»*« M aodtr »• C f*f .^ffy A ■!. Vjf» A H4T»on. »C. >a « Af W*>3r( ? »| •oaf'T « »|. BM0 O U»1*0U TN)fn*> w ^Venen. PI Wichjt»C M M A A^flflnort P| iMBAtR Ben M •soen C AI A T^Q^^a^ 8 Argui P8 Me»vM] A brtfo«a *r 3ip<ti i CdBcncp. *( Mim A S«<0 B| B.*«ie I c*iv»« B* Mjtfk II VtUM\ B| T»iu>tu« • AiA (urv » By**"*' $ jrry^'i B| 4 Bh»»ig Cijnf* W P| CVKV^ A iKltOA \e« M HJMA VI O'yon Vft^- V tsrw. C BA Engineers & Architects March 13, 1990 City of Orono Box 66 Crystal Bay. MN 55323 AttnI Jeanne Habusth Ret 139-1501 Robert Ritchie Dear Jeannet Ve have reviewed the proposed site plan for Robert Ritchie at 3572 Shorel^e Drive. We would reconmend approval of the application subject to the following recoBUDendations. The east edge of the blacktop for parking spaces 3. 4 6 5 should be a minium of 40 feet east of the west property line. The blacktop area between parking space 2 and the south property lines should be removed and returned to green space. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /CCJ^ Glenn R. Cook GRCtdh GRC/20 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1476-PRASS CONTINUED . . , , ^ to complete the exterior of the building and an additional 12 months for the interior work to be completed. It was moved by Mayor Grabek, seconder? Counci Imember Nettles, to amend Resolution #2738, to requi •' vpplicants to apply for a building permit by September ', have the exterior work completed within one year and ». ..i. 'rior work completed one year beyond that. Motion, Ayes=4, • in. Nay, Motion passed. #1478 ROBERT RITCHIE 3572 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2739 „ Mr. Ritchie was present for this matter, as was Dr. Janet Roshar, the proposed occupant of this property. City Administrator Bernhardson explained this application for a conditional use permit for a veterinarian clinic. Councilmember Callahan said that the Planning Commission ’s recommendation was unusual. Callahan questioned the circumstances that could result if the Council denies the application. Callahan recollected that the reason for the Planning Commission recommendation was due to the date of the real estate closing on the property. Mr. Ritchie added that the date for Dr. Roshar to begin her practice was also a pertinent factor in the Planning Commission recommendation . Councilmember Nettles said that any risks would fall on the buyer of the property. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2739, approving the conditional use permit for Robert Ritchie. Motion, Ayes-5, Nays“0, Motion passed. #1480 ED AND GERDA TOTH 725 OLD CRYSTAL BAY ROAD SOOTH VACATION - RESOLUTION #2740 Mr. and Mrs. Toth were present for this review. Assistant Planning and Zoning Administrator Gaffron explained this application for a vacation and rededication of a drainage easement. Gaffron said that the City Engineer has reviewed this proposal and recommends approval of the vacation and rededications. In addition, the applicants are requesting approval of a side setback variance' for a deck and appeal of an administrative decision denying construction of a fence in the right-of-way of Farview Lane. Gaffron briefly explained the request for a side setback City of OROINO RESOLUTION OF THE CITY COUNCIL 2739 A RESOLUTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.44, SUBDIVISION 4 (A) PILE #147P WHEREAS, Robert J. Ritchie (hereinafter "the applicant") has an interest in the property located at 3572 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as Lots 18 & 19, Block 7, Navarre Heights, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a veterinary clinic for small animals per Municipal Zoning Code Section 10.44, Subdivision 4 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1478. 2. The property is located in the B-5 Limited Neighborhood Business District requiring 20,000 square feet in area. The property consists of 13,450 square feet. 3. On November 20, 1989, the Orono Planning Commission reviewed the application and recommended approval of an amended proposal based on the following findings: A) The proposed use meets the intent of the B-5 Limited Neighborhood Business District and the Comprehensive Plan of the City. B) More intense commercial uses of this substandard site have existed on the property without any negative impact on the adjacent properties. C) The veterinary clinic would be limited to the use of one veterinarian. D) The clinic will not maintain animals in outiride kennels or pens. Page 1 of 5 p- - - '-VV' br CiTY- laRaNol city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2739 4. The City Council has considered this application including the findings and recommendation^s of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow a veterinary clinic will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.44, Subdivision 4 (A) to permit a veterinary clinic on the property located at 3572 Shoreline Drive, subject to the following conditions: 1. Prior to the issuance of a building permit for internal improvements within the existing structure, applicant must apply for the legal combination of Lots 18 and 19, Block 7, Navarre Heights. 2. Applicant must file for a commercial site plan review prior to the February 23, 1990 filing deadline for the March 19, 1990 meeting of the Planning Commission. Applicant is further advised that commercial site plan application must deal with the following items; * Signage * Lighting * Landscaping * Approved Parking * Drainage Improvements * Plans for the Exterior of the Building 3. All site improvements required as a result of the commercial site plan review must be installed by September 15, 1990. Page 2 of 5 cirr I QF city of ORONO RESOLUTION OF THE CITY COUNCIL NO.2739 4. Any change in the level of use by an addition of a veterinarian, expansion of examination rooms or proposed additions to the facility would require approval of a new co^'.ditxvjnal use permit. 5. 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 commercial site plan review by February 23, 1990 or this conditional use permit may be revoked by the Council at their first sgular meeting after the deadline date. 6. Vio3 ation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of whe Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant, Robert J. Ritchie and Janet Roshar, a licensed veterinarian, have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their neirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the n-operty. December ‘:ed the Orono City Council on this 11th day of Page 3 of 5 CITY' mRQNa City of OROINO RESOLUTION OF THE CITY COUNCIL NO.2739 STATE OF MINNESOTA ) On this 111 ) ss. COUNTY OF HENNEPIN ) day of y fCA'rvn?.:^1989 before me a Notary Public within and for said county, personally appeared _known to ire to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. N07?ARY PURT.,tfS>^»^M. ....... LAURiE K. SCHEFFLER .« HOIA.t HJIUC - MtWlSOIA — ' HENNEPIN county eommufon 6»a*P4r MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /990 before me_ __ _ _ _ _ _ __ day of ^OLffLUX.Y'u a Notary”Public within and for said County, ^rsonls) de^rib^ the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. personally appeared )wn to me to be the NOr^^^fuC ^ MWNEMTA NOTARY PUBLIC^ ^ 9 MY COMMISSION EXPIRES Pace 5 of 5 safes City of OROIVO crrv . . Qp, aROtuar RESOLUTION OF THE CITY COUNCIL NO. 2739 STATE OP MINNESOTA COUNTY OF HENNEPIN )ss. ) The foregoing instrument was acknowledged before me on this 11th day of December, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 Notary Public l AjT iE k. SCHEFFLER soHiii' mi'-ic - MiNNtsoM HENNEPIN COUNTY My eomn’ituion •iipir*t6-d-93 My Commission Expires Page 4 of 5 i 1 i a. ra 33 O o i. •I**'' e:r ■ ^ v'irffi-‘,f- «itf ■<-'mk wfMum S|»f| r"f S' :'-T'-,WrmM ......-^Sy;;t„UJ-'i-; , «‘■'*, «" >j- at —V , ^ ^'. ....T^4a®SSffl3-|S ... • ^ 4 .'■"'"'‘wisisasi ttififi 43^' v»y-.: V". il* T—r d2 § 5 S 3o > Sa i yj o s V)c *55a 8 S £L, I’. |i m Bonestroo Rosene Anderlik & Associates C^.o G Biy’wmxj PE «toowt W RDie«e PE ;os«>n C AnoffMi PE RcMiM E Tufnw P£ .'jm« C OiJOO PE Gierm B Coon PE r^omJJ £ Noy«. PE BoDfft G ScnofKf^ PE Mjfvm L Sofvju PE •ceitn A ConJor PE SKfwa w Fowe* pe Oonjid C 8o»qa(Ol PE j^fry A Bou«»n PE M»« A Mjnwn PE 'ed >C P<U PE Mcnj« T 8*utmann PE RoOfft R PW»f»*f PE □jvidO LOlkotJ PE rnonuj W Petenon C Lyncn PE j»T«i 9 VUUnd. PE lerrev^ P Andefvx' PE vuf«9 aoRv PE %3Ce»t C RuiJrt AIA *NyA*i E Anguv PE MWMAJ A SjnAM PE Cjr>e i E<3qr*ton PE Mart A S po PE PA<C Cjivvpf PE MM O VbWkl PE Thomjj B Anopfvm. A lA Gm P RyUfxjpf PE M<m 8 jenjpn PE L PAilNP G»9vpt «. PE Cfuiiw A Enckjon L90 M P9VV«<lky Hmn M Oion Sovin M EbMo CPA Engineers & Architects March 13. 1990 CRY Of ORONO^msso^ MAR 1 5City of Orono Box 66 Crystal Bay. MN 55323 Attn: Jeanne Mabusth Re: 139-1501 Robert Ritchie Dear Jeanne: We have reviewed the proposed site plan for Robert Ritchie at 3572 Shoreline Drive. We would reconunend approval of the application subject to the following recoounendations. The east edge of the blacktop for parking spaces 3. 4 & 5 should be a minimum of 40 feet east of the west property line. The blacktop area between parking space 2 and the south property lines should be removed and returned to green space. If you have any questions please contact this office. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:dh GRC/20 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 To; Prow: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building S Zoning Administra March 15, 1990 #1504 Arnold Calvert, 2523 Kelly Avenue - Variances - Public Rearing COOUfCIl APR 91990 SITiPf.Jfpo Zoning District - LR-IB Required Area * 43,560 s.f. or 1 acre Existing » 52,500 s.f. or 1.2 acres Pertinent Ordinance - Section 10.22, Subdivision 1 - Portion of a staircase exiting a second story deck at the lakeshore is ' approxi- cely 5' in front of an average lakeshore setback line. NO portion of the enclosed structure encroaches the average setback line (review Exhibit H), section 10.02, Subdivision 2 - Variance required within 75- 250' setback area. Total Area » 28,000 s.f. Total Hardcover Proposed = 8,339 s.f. or 29./«% (review Exhibit D) Allowed =• 7,000 s.f. or 25% No Hardcover proposed within 0-75' setback area. Review of hardcover within 250-500' setback area. Total Area * 3,600 s.f. Total Hardcover Proposed = 885 s.f. or 24. Allowed * 1,080 s.f. or 30% List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhioit Application Property Owners List Plat Map Hardcover Fact Sheets Folin Letter Elevations Floor Plans Survey Review of Application - The property is the last of the parcels created in RLS #1428 to be developed. Zoning’Fiie #1504 ^*«rrb 15, 1990 Page 2 of 3 TO achieve access to this site, please use the Folin driveway to the west/right of property. Members may feel more comfortable parking out on Kelly Avenue and walking up through the Folin driveway to the site. The two neighbors on either side of the sub'^ect property encourage Mr. Calvert to use the existing easement over Folin's property so as not to impact the existing retaining wall and vegetation adjacent to the roadway. Mr. Calvert concurs, the access drive as shown on the survey matches that easement area. It is hoped that with the development of this site, that the applicant will work closely with the Folins to minimize impact on existing improvement. As the factual findings note above, there is a slight encroachment of the average lakeshore setback line by a second story staircase. Please note Exhibit E, Mr. Folin's letter that claims no objection to the deck stairs. The applicant seeks hardcover variances within the 75-250' setback area noting the following hardships: 1. The unusual pie-shape of the lot. 2. Of the total 52,500 s.f., 20,900 s.f. is located within the 0-75' setback area. 3. The average setback line places the building site in the more restrictive portions of the building envelope. 4. The applicant has attempted to minimize hardcover within the 250-500' setback area by achieving access via an easement from northwe*^t. 5. Note portions of neighbor's driveway are located within applicant's 250-500' setback area (200 s.f. of existing paving). The proposal does not require hardcover variance within 250-500' setback area. Applicant should advise if a staircase is proposed to achieve access to a lakeshore dock. A building permit be required and such staircase would have to meet the 4 width and 4x4' safety stop landings as acceptable standards for the City. The property has been assessed for sewer and water and all assessments have been paid. Water is on the west side of Kelly Avenue. Hr. Calvert has been working with the PubJ ic ”°tks Department to determine the best means available to hook-up to the municipal systems. Separate utility connection permits are requited. Zoning File #1504 March 15, 1990 Page 3 of 3 Options of Action - Denial. If denied, please refer to the pertinent sections of the code for the necessary findings. Approval as submitted. Such approval must be conditioned upon the following: 1. The City will approve of no additional improvements on this property that would be considered hardcover because of excessive hardcover within the 75-250' setback area. 2. A building permit must be obtained for access stairs to lake. Applicant's builder must submit a design of che stairs for review by the Building & Zoning Department, noting the standards set forth above. 3. Payment of a SAC fee of $600.00 with the building permit. 4. Access to the site must be via easement from property to the west. 5. Owner is encouraged to work with neighbor to the west to minimize impact on existing improvements. During the process of construction, applicant's builder must note 75' setback line. All construction must remain behind the 75' setback line. No storage of fill is allowed within the lakeshore protected area. 6. Other conditions set forth by the Planning Commission. Additional Comments 2md Planning Commission Recommend.ition - April 5, 1990 Please review the minutes of March 19, I*" for I jkground discussion on this application. The major iblem for the Planning Commission was that the application involved new construction on an undeveloped piece of property and found it difficult to accept any hardships that would require variances being granted for new construction. The applicant was encouraged by staff to prepare an amended proposal for Council's review or provide additional information that may persuade Council to reconsider the Planning Commission's recommendation. The options of action presented in the earlier part of this memo for Planning Commission's consideration are still applicable for the current Council review. As of this writing, staff has heard nothing from the applicant, nor has staff received any additional information or amended plans. Zoning File #1504 April 5, 1990 Page 4 Council Action - To provide conceptual direction to staff so that an appropriate resolution can be prepared for Council action at their April 23, 1990 meeting. CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.OC ■ • ^ ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no chanje from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address /<CILY AJi: ________________ ft ■r\ '4 CITY OF aw OFFICE ^ ^WWV^\/V'VVV ___ " 01 CEH 175.00 71:\ECEiFT-rmK youProperty Identification Number (P.I.D.) V/7 ^ZJ - /2- 7 f iilfcUOO CCOi )hl^^ Attach legal description to application if not included on Phone (home) 9^^“/3^^AlrirliJ wVn 1 Name C Phone (work) City: Zio: 5‘5’VJi' OWNER (if different than applicant) Name ^ Phone (home) Phone (work) IVr*o«ze •Citv: _Zip: Date Property Acquired_ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ __ (month/year) I (-dtr)* (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property ~ /6 l/zicjAyr Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $, Describe request in detail ---------------- VARIANCES REQUIRED ______ Lot Area Setbac)c Variances (, Other ________________ Lot Width Front X Hardcover Side _ _ _ Rear) HARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations_ _ _ _ _ _ _ _ _ _ _ _ _ _ ’- - - - - - DESCRIPTION OP DNUSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form ,^ . 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). . , ^ 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Sketches or plans of floor and elevation views. 7. As an addendum to this application, please attach a separate list or any other persons you wish notified of this application. 8. Additional items as may be requested by city staff. YOU ARP REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application. Please remember that voiir variance application is not complete_Ijf— information has not been included. _ Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff;_ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _Date—_ _ _ __ _ _■ APPLICANT'S SIGNATURE . , The applicant hereby agrees to provide all information requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant e^P'^^^ses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )v;nowledge. Applicant's Signature - - - Date —‘v.- - -— OWNERS SIGNATURE ^ The owner hereby ackowledges and agrees to this authorizes reasonable entry onto the property by Cxty staff, consultants^ agents. Commission members, and Co.’-cil members for purposes of investiga­ tion and verification of this reqt Owner's Slanature_ V,-, •' - - - - - Date —_ _ _ _- Applicant must have all submittals into the City offices 25 Planing Commission he-.tinc. Planning Commission ^re heW the third Monday of each m,. Applicants must be present at all scheauied review meetings of the Po ng Commission and Council. If an applicant is unable to attend a schedu - meeting, pUase make arrangements to have an authorized agent attend ir your place and to advise .he Building S Zoning Office of this change prior ti the meeting. •HL M \iI tn a |g l-l M I S > K m ^ ^ < 3 ui ? i l>2xi ~R“SiSw ss 2^ 5 ^ -i Kl O M u. in Ml < U rLsl2!*}>* o o «• 3 S K* O “» UJ M ^ (/) in cS rs K V <» «/si W iir ntt:^ « u u « T* IK UJ iu M O K K ^ M M O OC K ^ Kl < < O' UJ M O Z Z «ii UJ s o s<> o »- “•5; §s I _j z M 5 _ K Ul M _J M Z 3 K> Z .aSIsi Kl O ~> O CU Z Kl X oe OJ U o M a Kl 0 a Kl S»H < M asiil, 1 X K UJ «/)••> „ ■H ac Ul UK u X H U O I O UJ M O M Ul X (/) (M in K u -i « K in UJ Ml h- O <0 U CO Ul Ml X Kl O 19 U CM UJ o £ 1 c? UJ Ul U Ul i§! CM u a < < Z »!.=!£“>* •H K o «a -J K V Z (/) iu S O Ul K Ul CM O' u -< -j O K O' UJ Ul •• < o u0> (M X Ul X Kl O U U CM U.* I -i s si “ Kl >- ^ r CM -I w Z K UJ Z O Z ''1^0 4 UJ u X Z U) I u < Ulo £ Ul «t CM Ul K Kl X O UJ >- CM Z CD N lU < O X Kl o a X Q. u CM$! -<5 Kl > U)7i§ Ul M ^ ^ ^ CM l-l CD o *- I-t a O' ^zS U O Ul z u ?is < Kl < O CM Z O K O UJ UJ o m ^ z B ^ _ K UJ UJ > ^‘•>8^8 3u,£k“3 lO K Ul UJ CO CM > in Kk O UJ Ul <vj Ui 9 r, ^ m Ul S B a; 0 % 0 M M B B fsi cn < <O' 0 Ul to -1 LA C ACM M °u. S °i22 5;”5 5 S ®ii. 5 Ml VI ^ ^i 3B 20-117-23 11 02525 KELLY AVI C E A H C TROYAK CHARLES E TROYAK 2525 KELLEY AVE EXCELSIOR HN 5138 20-117-23 1100038 ADDRESS 1 1ST NATL BAm OF 1ST NATL BW4K OF P 0 BOX 123 NAVARRE m 55338 20-117-23 12 00058 ADDRESS 1 ARNOLD C CALVERT ARNOLD C CALVERT 7<«0<» HYDE PARK C MPLS r*l 55<c3538 20-117-23 1202<i99 KELLY AV THOMAS R DAHL THOMAS R DAHL 2499 KELLY kVc EXCELSIOR MT4 5pH t/) LM Lk. (/> U. U Ulasisis •H «J «l ^ 01 UJ M 0 Ul UJ ^ CM CO oJ -J -JKl V ^ Ni UJ 0 B t£ ^ U CO 0 < < X 0 0 0 CM UJ PROP AOOR 0HT4ER NAME TAXPAYER NAME/ADORk!^ k 0 < K 0 ^ K < uJ IIP PROP ADDR OH44ER NAME TAXPAYER NAI1E/ADDRPROP ADDR OitfJER NAME TAXPAYER NAME/ADDRPROP ADDR OMNER NAME TAXPAYER NAME/ADDR ss sSr s p Is Ui >.zSg< o a o H ^ j M lU i£ ^- tn XU 0£ -g t; >• ut a •- Z D hardcover calculation worksheet SETB/>CK ZONE: (CIRCLE ONE) (TO-71^ 75-250' 250-500' 500-1000' Existing Hardcover in Zone A. House B. Garage . c. Driveway D. Sidewalk E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING G, O ther LENGTH WIDTH X _ Total Hardcover in Zone Total P roperty A rea in Zone o -^r? B . , S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.. S.F. S.F. _ S.F. S.F. S.F. ‘i Zo.'-'icC X 100 2^. S.F. U. . O % / A J C '! < Uf'y ~r HARDCOVER CALCULATION HORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' (75-250^ 250-500' 500-1000' E xisting Hardcover in Zone Total Hardcover in Zone Total Property A rea in Zone A.House • X S • T/ze LENGTH X width ss X \ a X a X a B.Garage /AyCL. u^tr/; /i X a C.Driveway X a 2260 X D. :Sidewalk X S7 J rfiop yroOR /(f. S. 66 X 6 2. S3 a y / 6 y P PR (H c/O X 2.0 30 y /SS E.^ATIO/ JECK //A’tiN X .a .32 / ST^PS ' F.Landscape AREAS underlain BY X a CS’ X a PLASTIC SHEETING X X s G. Other X _/2? S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _ S.F. ^33 9 S.F. S.F. [T A cT.3J 9 -r \~%] - X 100 « ^ / /Ar/^OL o Cyf L T HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250'(jSQ-SQQ^ 500-1000' Existing Hardcover in Zone A. House B. bARAGE D. Sidewalk E. Patio/ Deck F.Landscape AREAS underlain BY , . plastic sheeting G. Other _ _ _ _ _ c. Driveway x r X LENGTH WIDTH _ _ _ _ _ _ X _ _ _ _ _ Total Hardcover in Zone Total Property Area in Zone 2 Oo 3 S s.f-. S.F. S.F. S.F. S.F. _ _ _ _ _ S.F. € S' O S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 3COC S.F B ^ ^ ^ X 100 “ 2 SS D £ JX >7 1 i March 5. 1990 2515 Kelly Ave. Orono, Mn City of Orono Building and Zoining Dept. 1335 South Brown Hoad Crystal Bay, Mn 55323 To Whom It May Concern: I have reviewed the site plan and house elevations of Mr. Calvert's proposed residence at 2523 Kelly Ave. I am the owner of the property most affected by this proposal, and I find no objection to the deck stairs which are under consideration for a variance. To: Proa: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission chairman Kelley Orono Planning Commission Members City Administrator Bernhardson “WKmwtnire APR 91990 C»TY OF ORONO Jeanne A. Mabusth, Building S Zoning Administrator March 12, 1990 *1506 Carol L. Senn, 3220 Watertown Road - Preliminary Subdivision - Public Hearing Pertinent Ordinance - Chapter 11 - Class III Subdivision Section 10.55, Subdivision 8 - Variance required for minor portions of private driveway that will intersect designated .vetland at 970' elevation. Zoning District - RR-IB, Rural Residential Required Area * 2 acres dry contiguous Proposed Lot 1 = 5.25 acres (2.57 acres dry contiguous) Proposed Lot 2 * 2.83 acres dry contiguous Outlot A to be legally combined with Lot 2 serving as shared access for both lots. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Application Property Owners List Plat Map Gaffron's Memo Grading Plan/Tndian Creek Future Access Roads Adjacent to Property Preliminary Plat Review of Subdivision Application - The proposed subdivision of two lots is classified as a Class III subdivision as it involves dedication of a public toad and designation of drainage easements for a protected wetlands and a drainageway that insects the property. The former residence, once the subject of a hazardous building action, has been boarded up per directives of the City. It is the hope or the applicant and future owner of Lot 2 to utilize existing principal structure within design of proposed house. If any of the existing structures are to be removed, applicant is advised of the need for a demolition permit. Zoning‘‘File #1506 March 12, 1990 Page 2 of 3 Lot, conf Icruration - Both Lots 1 and 2 satisfy lot standards for development under the RP-IB zoning district. Each lot satisfies the required lot width to the rear of the front yard setback line. [Lot 2 at 250' (Watertown Poad) and Lot 1 at 328'+ measured from the shared driveway outlot (Outlet A).l The proposed house locations meet the required setbacks. Note the west setback for Lot 2 is a side setback of 30'. This is not a corner lot as the access is defined as a driveway and not a private road. Access - Temporary/Future - Outlot A shall serve as a temporary access for Lot 1 until a future west corridor is installed at the north border (refer to Exhibit F). The private driveway within Outlot A shall serve as a permanent access for Lot 2. Applicant’s engineer will provide engineering plans for the private driveway that will extend northward to Lot 1. The plan must provide detail on the wood plank bridge that will cross over Classen Creek and detail on driveway, specifically erosion control within small portion of the roadway that intersects wetlands below the 970' elevation. The City will ask for the dedication of 33' of Watertown Poad as shown on the preliminary plan. Outlot A has been created in its present configuration because of the driveway, taking advantage of the higher elevations as it runs adjacent to the west lot line of Lot 2. At some future date. Lot 1 will no longer use the existing driveway, but will achieve access from the north. As already noted. Lot 2 will be combined with Outlot A as a condition of this subdivision approval. Lot 2 will grant a temporary access easement in favor of Lot 1 to be extinguished at the time of the installation of the new west corridor road at the north. Septic - Please review Exhibit D, Gaffron's memo confirms adequate and suitable area for on-site septic development for both lots. The question of rerouting drainage on Lot 2 is no longer an issue at this point as the developer of Indian Creek shall reroute drainage along the west border of the property to the drainage ditch on Watertown Poad. In recent years, the City installed an underground drainage tile that runs from the eastern curb cut on the Drooertv westward to the creek. There is already a w^ell established drainage ditch that transports drainage westward to the culvert that finally drains southward u-der Watertown Poad. Zoning File #1506 March 12, 1990 Page 3 of 3 Options of Action - Denial. If members choose to deny the subdivision application as proposed, please refer to the necessary findings in Section 11.02, Subdivision 10 (A). Approval. The following findings and conditions may be considered if the Planning Commission recommends approval of the 2-lot subdivision. The proposed 2-lot subdivision of Carol Senn is approved finding that all standards of the RR-IB rural residential zoning district. Subdivision Regular* ions and On-site Septic Standards have been satisfied. The subdivision approval is subject to the following conditions; 1. Dedication of 33' of Watertown Road. 2. Owner of Lot 2 to grant temporary driveway easement over Out lot A in favor of Lot 1. The City Engineer has reviewed the location of the shared access at Watertown Road and finds the sighting distance for a 40 MPH roadway to be satisfactory. 3. Outlot A has been created for shared driveway purposes and shall be legally combined with Lot 2. 4. The future owner of Lot 1 has hereby been granted temporary access via a private driveway through a road outlot and at the time a future west access corridor is installed at the north border, legal access must be provided from the north. 5. Payment of a park dedication fee for newly created Lot 1 at $200.00 per lot. 6. Prior to final plat approval, applicant shall provide engineering plans for private driveway. Such plans to include erosion control and design for wood plank bridge. Additional Coonnents and Planning Commission Recommendation - April 4, 1990 The Planning Commission unanimously approved the 2 lot subdivision application of Carol Senn and adopted the staff recommendation. The enclosed resolution has been drafted for Council's review and action. A RESOLOTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 3220 WATERTOWN ROAD PILE NO. 1506 WHEREAS, Carol L. Senn (hereinafter "the applicant") on February 23, 1990 filed a formal subdivision application with the City for approval of a 2-lot residential plat of property legalIv described as follows: The east 10 acres of the southeast quarter of the southeast quarter of Section 32, Township 118, Range 23, according to the government survey thereof, Hennepin County, Minnesota, (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on March 19, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on April 9, 1990 the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 8+ acres, 2.6 acres of which is considered as wetlands. 3. The proposed plat contains 2 lots each exceeding the 2.0 acre minimum lot area requirement. 4. Access to both lots shall be via a shared private driveway. 5. On March 7, 1990, Michael P. Gaffron, Assistant Planning and Zoning Administrator, confirmed that both proposed lots have acceptable tested sites for primary and alternate sewage treatment mound drainfield systems. Page 1 of 3 6. The proposed configuration and overall desi«3fi of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB zoning district requiring no variances with the granting of this subdivision. Each lot can be developed as a residential unit without the need for future variances to the standards of the zoning district. 7. Minor portions of the private driveway will intersect the designated wetland located at the 970' elevation. The encroachment of the driveway will have a negligible impact on the wetland. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono reby approves the preliminary plat for Carol L. Senn at 3220 Watertown Road per the survey dated January x6, 1990 by Phillip A. Nelson of All Metro Land Surveyors, and the variance to Section 10.55, Subd'' vision 8 that approves the encroachment of the edge of a wetland i, subject to the following conditions: 1. Outlot A has been created for shared driveway purposes and shall be legally combined with Lot 2. 2. Owner of Lot 2 to grant temporary driveway easement over Outlot A in favor of Lot 1. 3. The future owner of Lot 1 has hereby been granted temporary access via a private driveway through a road outlot and at the time a future west access corridor is installed at the north border, legal access shall be achieved from the north. 4. Prior to final plat approval, applicant shall provide engineering plans for a private driveway. Such plans to include erosion control and design for wood plank/steel support bridge. The City Engineer must approve such plans prior to any construction. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month : A. RECORD PLAT drawings in the form of two (2) mylar copies and one fl) copy reduced to 1"=200'. Drawing to include: Page 2 of 3 a) Lot lines platted per preliminary survey by Phillip A. Nelson of All Metro Land Surveyors dated January 16, 1990. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Dedication of 33' of right-of-way for Watertown Road. d) All wetland areas and drainageways within plat defined below the 970' elevation to >.e shown as drainage easements to be dedicated on the plat drawings. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed drainage easement document for the drainage easements within Lots 1 and 2 (see sample enclosed). C. FEES TO BE PAID: Total Due $500.00 a) Park dedication fee per current schedule: $200.00 for Lot 2 (there is no charge for Lot 1 as there was an existing residence) b) Final plat fee = $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of April, 1990. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk Page 3 of 3 - —4° / / tr CITY OP ORONO - SOBDIVISIOH APPLICATION i O I fi- PROPERTY LOCATIOH Site Address fp\?\0 . Property Identification Number (P.I.D.) •// ^ / Please check one - Property abstract or _ _ torrens? Attach legal description to application. APPLICANT I. baJaI rrry nc nr^nxinWA I $ ui unuiiuc’rviiAW“*r prrrrrI .IMHrtWW i/I I AU4. 6’.^- Name Phone (home) V73 ,, ^ ^ #i Wl3OC00i kOl T15:5S Phone (work) 02m^% Address;City; /-/?7/47/~^' Zip; S ^ i*9 OWNER (if different than applicant) Phone (home)_ _ _ Name _ _ _ _ _/ < /Oy/C-Phone (work) Address;City:Zip: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) 6 6 ‘h.O^THT S'S:;!:::* c»... b.,„ <,ic Acres Total, all parcels Residential; no. of units Other (specify)^_ _ _ _ _ _ _ Present Zoning District^ PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sit®*^) Subdivision for New Building Sites '"•mber of Building Sites; Proposed Gross Density; Minimum Lot Size; Proposed Use: (check) / / Existing Units New Units Total Units o6-Units per ?.7^Acres ^,b(p Sq Feet Dry Buildable Land /Residential Other (specify) MINIHOM MATERIAL NECESSARY FOR COMPLETE PREjuIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (y”5u must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. 5. Certification by Zoning Department that Preliminary Plat Application is complete . Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date_ _ _ _ _ _ _ _ _ _ _ 1. Payment of fees (p^ fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivision) $150.00 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date Date Ol' Owner's Signature _ _ _ _ _ _ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Su t-r- rr X Uiz u <« £L W W M O 'i- '-I ^ 'O V3 Ui 0.u CL gg© w COro n 3 Ut- t-i « ZK 3^3 Z > IH o -i lO ui X -JOo L-Oo: a Ui> o -i Ui N O ♦-«c n £r t- O Ui Ui -i X Z Ui O 3 C U O X QC i- ^ H « t>i Z) fl. Ui H ^|i 3 Z K H 3 « X C Z £L O A }- z > q: A Ui “3 U- Z z sj: u. <<x -j o ii. I -I is: w T4 O “3 «son •»- 0£ 'O Z 0-o u. A Ui -J Ll <z A Z A A •«1 n\ u.o 1-3 AC's<c a: (L a: ♦- ui «© X A t- Z<x A Z A<z <z a -T Ai — X Ui 3u.c U. X O i- 11 ro i-i Ui o H- M L5 A Z <i c a: »H <iz u ir?n 1- a: A z z u- trs \ u. 0HK003Z in u. 03 <i z o Ui in <r z > A H K z Z 3 w H- a: A.o Z A£ ^ UJ O ro H-f U. •«- Z UI 3 Z H- _i z r-i U- CO OA.&3 UICUIHZ A. ^3 ti O Z 3 >s n K K a: A. Ui Ui u: u. u. A. A. O A X X o c n. A CC _l O <I © a: X > Ui K u- -I rj Ui z O M > UJ A —nozoui©i>3ino ^ L5 ui'-H-ZA^TAinz A H z A’ 3 H o O Ui A L3 n UI -1 H- r<3 A rfj -J H-Z V _i A S Ui Ui «_3 U. _? <© o A t3 <r <I c co o n a: a: \_!a <r Ui t- o A Z A.1“ N. _J >- >- n A A \ u. — a: 5^ Ui 0 —3 1 A n a: <i X 0^ 3 3 O ul A. A.Z . O L3 cj X a: z o X ©A - CO Z U 3 Ai c A Ui U H VJ Ui O A- H-<r Z 3 O i L„ To: Prom: Date: Subject: Jeanne A. Mabusth, Building & "oning Administrator Michael P. Gaffron, Asst Planning S Zoning Administrator March 7, 1990 D #1506 Carol Senn, 3220 Watertown Road - Septic System Testing Review I walked this property in February 1990 prior to the subdivision application at the request of the surveyor. Septic testing had been completed in December, and the test holes were staked. I would like to make the following regarding the proposed drainfield sites: 1. Lot 1 is a 5.25 acre proposed building site, with 2.57 acres of contiguous dry buildable. For purposes of the Carlson subdivision adjacent to tne east, the 970' contour was accepted as the flood plain elevation, and that would appear to be an acceptable elevation for flood plain in Lot 1. Further detailed analysis downstream might allow a lowering of the flood plain elevation in Lot 1 if that becomes a critical issue. 2. Both primary and alternate drainfield sites have been tested for ' ot 1. The sites are generally on a peninsula of higher ground extending from the proposed building site. Both sites are subs^?s/itial ly above the flood plain and are acceptable for mound drainfields. Both sites are more than 75' from the defined channel of the creek. These sites are designed for a 4-bedroom home, and could be lengthened if necessary to accommodate a 5-bedroom home. 3. Based upon the above information, I would recommend approval of Lot 1 as a reasonable building site with adequate sewage treatment sites. 4. Lot 2 is proposed to contain 2.83 acres, all of which is dry buildable land. Two drainfield sites have been tested directly east and northeast of the existing boarded up house. Both these sites are acceptable for mound sewage treatment systems. #1506 Carol Senn, 3220 Watertown Pd - Septic System Testing ]?eview March 7, 1990 Page 2 of 2 5. Because runoff from the Carlson subdivision currently flows generally between the primary and alternate sites on Lot 2 towards the northwest, a swale would need to be provided between those two sites to keep them from being affected by spring run-off. A much better solution would be to direct all run-off from the Carlson subdivision to the ditch along Watertown Road, and within the Senn subdivision, continue that ditch along Watertown Road westward to the creek. This would better protect these drainfield sites, with a greatly decreased potential for saturation due to transient surface water flows. 6. The tested sites on Lot 2 are more than 75' from the creek, and would not be expected to affect or be affected by the creek. 7. Having walked the site, even if there were six dry buildable acres, it is unlikely that additional drainfield sites could be located to support a third lot within this property. 8. Within Lot 1, the low ponding area located north of the proposed house contains no cattails, and there appeared to be a fairly large mature live tree in the middle of that low spot. This did not appear to be significant as a wetland, and does not show up separately on our designated wetlands maps. There would not appear to be any compelling reason to require a drainage easement over this low area. 9. The proposed driveway location within Outlot A appears to be on high ground and I would not expect it to be affected by the creek. In summary, I would recommend approval of the subdivision, finding that both Lots 1 and 2 have acceptable tested sites for primary and alternate sewage treatment mound drainfield systems. Regarding the proposed driveway, is Outlot A intended to serve as a private road, or just a private driveway? What will be the required principal structure setback from the west line of Lot 2? (If a 50' west lot line setback was required, that might somewhat limit the size and configuration of the rather long, narrow house depicted on the survey.) To: Proa: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson m 9199^ CITY OF OR Jeanne A. Mabusth, Building s Zoning Administrator March 15, 1990 #1507 David & Margene Fox, 1645 Bohn's Point Road - Variance - Public Hearing Zoning District - LR-IB Required Area * 1 acre or 43,560 s.f. Existing Area = 37,750 s.f. or .86 acres Review of Hardcover - 0-75' Setback Area * 0.56% 75-250* Setback Area * 6,064 s.f. or 24.16% 250'+ Setback Area = 0% Pertinent Ordinance - Section 10.24, Subdivision 5 (A) - Height. No structure or building shall exceed 2 1/2 stories or 30' in height. section 10.02, Definition 13 - Building height. The vertical distance from the elevation of the ground level to the mean distance of the highest gable on a pitched or hip roof. A) Height of building determined at time of of building permit was based on the mean distance between the second floor ceiling joist and the top of the highest gable = 29'. B) Determination at time of the amendment of original building plans - 3rd floor designation "Injiows installed south, west and ®®st elevations Height determined now from by the mean distance “om the 3rd floor ceiling joist to the highest point of the gable roof *» 33'6". Allowed * Variance 30' 4 3'6" or 11.6% Please review Exhibit G-2, the elevation that depicts the various determinations of height. I Zoning File #1507 March 15, 1990 Page 3 of 3 If the original plans had noted the windows and had included a third story flood plan, staff could have advised of that change in interpretation. As a result, we are dealing with an after- the-fact height variance application. It is my understanding that the applicants' architect will be present to address the Planning Commission concerning his position on this matter. Options of Action - If this application is denied, a condition of that denial must be to remove the third floor windows not approved in the original building permit application. If approved, applicants should apply for an amended building permit to cover the additional improvements. Additional Conments and Planning Commission Recommendation - April 6, 1990 Three of the four members of the Planning Commission recommended approval of the height variance as proposed by applicant seeking a 3'6" variance to the allowed 30' height. The single dissenting vote opined that applicant had not demonstrated sufficient hardship. It was the member's opinion that no matter what confussion may have resulted from the change in interpretation of height by the City staff, that had the plans reflected the third story at the time of the initiation of the building permit process, staff would have been able to advise of the need of the height variance. In review of the minutes of the March 19th meeting, staff would like to note that it is not just a question of the windows suddenly appearing, but rather the question of the third story. Staff has not addressed the building code concerns when the third story was introduced because this matter has been resolved. Any change or modification from an original plan always increases the potential for problems. The introduction of a third floor called for a reinterpretation of the allowed height. As applicant notes the actual structure has not changed merely the addition of the third story and its windows. The approving resolution has been drafted for Council's review and action. Zoning File #1507 March 15, 1990 Page 2 of 3 List of Exhibits - Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G-1 Exhibit G-2 Exhibit H-1 Exhibit H-2 Exhibit I-l Exhibit T-2 Application Property Owners List Plat Map Site Plan Building Permit #002402 Amended Floor Plan - 3rd Floor - North Elevation Approved at Time of Building Permit - Amended North Elevation ~ South Elevation Approved at Time of Building Permit - Amended South Elevation - West Elevation Approved at Time of Building Permit - Amended West Elevation Review of Application - During a routine building inspection, the inspector noted the addition of windows at the upper third level. The bull .^r was advised to submit amended plans for third floor and structural changes within roc" area. The Zoning staff was vised and with the addition of the third floor, it was necessary to recalculate the height of the structure. The Building Department had other concerns related to required access from floor area in excess of 500 s.f. Review the floor plan for the third floor (Exhibit F), the Building Department's comments are noted on that plan. The architect for the applicant had worked with an adjacent neighboring property's residence a few years back, the William Ulrich home, noting that that structure had an attic area with window and the height was not determined from the ceiling joists of that third story but rather from the mean distance from the second floor to the point of the gable roof. Staff advised that there has been a change in the review as far as interpretatio:. and determination of height based on the current ordinances that govern height allowances. The architect claimed that he had no knowledge that there was any change in interpretation of height from his original dealings with the City with the Ulrich residence, staff advised that there indeed was no code amend ­ ment, but a change in the interpretation in the allowed 2 1/2 story height and the impact of high gable structures with a third story. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (A) PILE #1507 WHEREAS, David and Margene Fox (hereinafter "the applicants") are the owners of the property located at 1645 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as Tract C, Registered Land Survey #565 Files of Registrar of Titles, County of Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (A) to permit the residence currently under construction to remain at a total 33'6" height instead of the required 30'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1507. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 37,750 square feet or .86 acres. 3. The Orono Planning Commission reviewed this application on March 19, 1990, and recommended approval of the proposed variance based upon the following findings: A) The actual height of the structure has not changed since the issuance of the building permit for new construction. It is the introduction of the third story and windows that requires reinterpretation of the height. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 4 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (A) to permit the residence currently under construction to retain third story not approved in the original building plans resulting in an overall height of 33'6” instead of the allowed height of 30', subject to the following conditions: 1. Applicant shall apply for an amended building permit to include all additional improvements. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 9, 1991). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation cf the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their he.irs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of Aprils 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. The foregoing instrument was acknowledged before me on this 9th day of April, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, p-^sonally appeared __ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ ___ _ _,_ _ _ _ ____ _ _^ j known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, personally appeared __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to ine to hTe the person (s) described Tn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as hi (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 OP ORONO - VARIANCE APPLICATION '^“1•itial Application Fee $175.00 ($50.00 per each additional Renewal Variance Fee $100.00 // (no change from original applicationT" After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address / ^ •J Yy j&m QEK . 11 R'tCElPT-Tim- )W ;;I701Sa COCl liOiTO^:^ 175.CC 175.00 Property Identification Number (P.I.D.) /7* //7“ 2.?_LL^ 00^7 Attach legal description to application if not included on required survey. APPLICANT Phone (home) Name > A/t/7Phone (work) Address: inQ‘r L,/ _ OWNER (if different than applicant) Phone (home)- - - - - - - --- - - Name _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ Phone (work)- - - - - - --- - Address:_ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ City:^- - -- - - - - - -Zip:- - - - -- Date Property Acquired _ _ _ __ _ _ _ _ _ _ _- (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District / Z?_ ___ _ _ _ _ _ _ _ Present Use of Property - - - - - Residential _ _ _ _ _ _ _ Other (specify)_ _ _ _ _ _ _ _ __ DBSCTIPTION'or^^T Estimated Construction Cost $ /0,000.^ Describe request in detail: --------------------- VARIANCES REQUIRED _ _ _ Lot Area _ _ _ Lot Width _ _ _ Hardcover Setback Variances (_ _ _ Front - - - Side - - - Rear) other - - - --- - - - - - - - - - - - - - - - - - - --- - - - - - - HARDSHIP Describe undue hardship or practical ^difficulty resulting from striv enforcement of zoning regulations; gg> K'^irAtrr^y ..c.- -5^«rzB«rfeB»cc- DBSCRIPTIOT OF ONUSOAL PROPERTY COHDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; ^Ja_ _ _ _ _ _ _ _ _ _]_ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form Certified Property 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 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 an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. 2. 3. 4. 5. 6. 7. YOU ARE 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 sion this application. Please remember that your variance application ot complete if the above information has not been included. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff;_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant *s Signature ^ ^Date J2. OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga ­ tion and verification of this request. Owner*s Signature z) J V. _ _ _ _ Date 23 • Applicant must have all s^mittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be pres- nt 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 authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ♦ a UJ Ui H Ui Ul O ill >“ ►« U' O <H ec> 9-is _ <-• a K »» K ca m ihmi 1 ISgSs M « a (0 X Ui < _ vB Ul W O >- M O H H U s :2S5'’SSo Ul M in MO oN Z Ui M & is-ssj T S > o <r» ^ < a ^ w > a < U) < Ul N <0 O X Ul > * o ^ 5 S -I o < M S a a a Sn '"“’iSss« o a lO > Ul ee SiaSor^< * ? syli|i S“S O Z «■ O oe K O Kl N O o a sixxSi I M (/) O < < < a I- Ul ^ -I < Kl CS (3 Ul N «m o HI 55 o S S a K a <S“5<d §S < IH « ^_ < •« Z HI F.O. «MUIa at HI O <7 s ••« 5^1 w» ^ I -I o < M < B' N^ ee ee N > « i-l Ui nO 4 HI o C9 u X a ^ o o 4 « a a Z Ul 4 ^ « 4 Uls«s«ia z 4 z a 9 K t bJ *"S!ui5SS al5!iS ? t* ^ • a S HI _ 5) tjj _ .. Ul N si'isi w S! o 0^0 •I ^ n -Slu, 9A Ul csi q: t« H 5^ zSS9 o Ul M 4 9 rL $ fl O Q HI «§»= HI O *1 > ^4 a O Ul N O Ul > ?55 oe ^ a o 4 K aoz^3 oe 4 usgsfeigSs* r-> in ^ o 0 4 4 oe fcSrH 1 Z HI-auiisa HI Ui h- a CM a 4 > is5?kS•H H r -a°§v.m a ^ B >s|s FH ^ -» ""i;?u. N> UJM cr ^ I o K a Z fl. 4 f4 « O HI • § = HI o n 0 1 H ? z5Sgoul =1! l22 a oe isl s & ^ a: Ui X > 4690.1 wOrvj /7 COUMCIL MEETnrG APR 91990 ''TVOf OROKO TO: Mayor and City Council FROM: Mark E. Bornhardson, City Adrainistrato^ DATE: April 6, 1990 SUBJECT: Highway 12 Scwf^r and Water System Attachment: A. Highway 12 Sewer and Water Memo Dated 1/19/90 ISSUE - 1. Determine, based on the feasibility study whether the City should further pursue the process for the trunk line serving Highway 12 to be located along Old Crystal Bay Road. 2. Determine, if a this point the City should go ahead with otding plans and specifications on this project. INTRODUCTION - Back in January permission was given to do a feasibility study along Old Crystal Bay Road to the Orono plant to serve the Highway 12 area. Attachment B is that feasibility report and outlines the options available in developing the system. DISCUSSION - The range of alternative's are presented as follows: Alternative Number Alternative Description Original Estimate Feasibility Estimate 8" force main $550,000 $581,300 to Orono lift station (500 Units Plus 116 in current Orono/ Long Lake/Medina; Total Cost Deleting Partial Replacement (An 8" Section that May Not Need To Be Replaced For 10-15 Years $538,490 8" force main to Watertown 15" gravity to Orono Plant ^500 Units to Watertown Road 1100 Units to Orono Plant Plus 116 Units in Orono/Long Lake Line ) $778,715 $735,905 Altccnativc Number Altecnative Desetiption Original Estimate Feasibility Estimate $645,000 Total Cost Deleting Partial Replacement (An 8" Section that May Not Need To Be Replaced For 10-15 Years $602,190 $357,400 $363,115 $518,150 $535,150 8" force main to Watertown Road 12" force main to Orono Plant Same as #II Partial replacement Long Lakf' line Total of 500 Units Total replacement to Long Lake lift station Total of 616 Units in Line The next logical step in the process if the route along Old Crystal Bay Road is at least one worth further exploring would be to undertake a Comprehensive Plan Amendment through Planning Commission and Council to the Metropolitan Council. It is estimated that the amount of work for this would be relatively minimal and worth exploring. The cost of doing the next engineering step would be preparation of plans and specu. ALTERNATIVES - 1. Direct staff to undertake to the Comprehensive Plan amendment process. 2. Table for further discussion. 3. Direct plans and specifications be developed. 4. Take no action at this time. RECOMMENDATION — It is recommended that the Council direct staff to unertake the Comprehensive Plan amendment at the Planning Commission's May meeting for consideration by Council in May or earlv Jun^. It is recommended that any further work on plans and specs be "df'layed until the City can determine that permission 4690.1 TO: Mayoc and City Council FROM: Mark E. Betnhardson, City Administrator DATE: April 6, 1990 SUBJECT: Highway 12 Sewer and Water System Attachment: A. Highway 12 Sewer and Water Memo Dated 1/19/90 ISSUE - 1. Det'^tmine, based on the feasibility study whether the City should further pursue the process for the trunk line serving Highway 12 to be located along Old Crystal Bay Road. 2. Determine, if a this point the City should go ahead with ording plans and specifications on this project. INTRODUCTION - Back in January permission was given to do a ■feasibility study along Old Crystal Bay Road to the Orono plant to serve the Highway 12 area. Attachment B is that feasibility report and outlines the options available in developing the system. DISCUSSION - The range of alternatives are presented as follows: Alternative Number Alternative Description Original Estimate Feasibility Estimate 8" force main $550,000 $581,300 to Orouo lift station 500 Units (Plus 116 in current Orono/ Long Lake/Medina Total Cost Deleting Partial Replacement (An 8" Section that May Not Need To Be Replaced For 10-15 Years $538,490 8" force main to Watertown $778,715 $735,905 15" gravity to Orono Plant will b*? given by the Metropolitan Council. Onc^ that is done it is recommended that the project be bid and that the bid specifications include Alternative I as the base bid with Alternatives II and III as alternates. It's based on these numbers felt that Alternative I does provide additional capacity in a new direction over what going to the Long Lake plant would be for a minimal additional additional expense $538^490 versus $518,000 of the original estimate, but that Alternative III would be the best longterm solution. While Alternative II does provide some gravity line allowance for hook up between Watertown and the sewer plant, this may raise the issue of extending sewer in the rural area together with the fact that significant projects, if it is desired in the future would just pay for a lift station into the force main or have it replaced with gravity pipe, if it made sense at that point. seconded by that the CouncilPROPOSED MOTION - Moved by _, - - - - - _. . direct staff to undertake the necessary Comprehensive Plan amendment for eventual consideration by Metropolitan Council. Ayes _, Nays _. r ■122089.7 /J TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato^*'' DATS: January 19, 1990 SUBJECT: Highway 12 Sewer and Water System -’Aii 22 iSS: Attachment: A. Trunk Highway 12 Feasibility Report Project 89-1 Excerpt Dated 4/10/89 3. Glenn Cook Letter Dated 1/2/90 ISSUE - 1. Determine whether the City desires to authorize undertaking a feasibility study for the Highway 12 sewer link to be routed to the Orono sewer plant rather than running the new interceptor to the Orono Orchard pump station connection with the Metro Waste Control Commission. 2. If that is desirable as a route, initiation of the necessary Comprehensive Plan amendment to determine if Metro Council would approve such. INTRODUCTION - As noted before, staff has explored a different link for the Highway 12 area to the Orono sewer plant as opposed to the Orono Orchard station. The City does have the necessary lease from Burlington Northern to run the li.e to tne Orono Orchard sewer pump station, but this would be capacity that parallels existing capacity in the Orono/Long Lake/Medina Line. Routing the line to the Orono plant would provide this capacity in a new area plus additional capacity for Orono through two pump stations (although the Orono-Wayzata Interceptor would provide a restriction) without causing any need for assessment or allowing for any hookup. No properties between the Highway 12 authorized MUSA area and the Orono plant would either be assessed or allowed to hookup. Anticipated cost of this prior to a feasibility study is approximately $550,000. Which is approximately 7% more than the $518,000 estimate of a separate line going to the Orono Orchard station, however, it would provide the City with substantially more options in the future. "y 8" force main to Watertown Road 12" force main to Orono Plant __Same as III 500 Units to Watertown Road 1100 Units to Orono Plant Plus 116 Units in Orono/Long Lake Line $645,000 $602,190 Mt^rna^tiye Numbe^r Alternative Description Original Estimate FeasibiLLty Estimate Total Cost Deleting Partial RepTacement Partial replacement Long Lake line Total of 500 Units Total replacement to Long Lake lift station Total of 616 Units in Line $357,400 $363,115 $518,150 $535,150 The next logical step in the process if the route along Old Crystal Bay Road is at least one worth further exploring would be to undertake a Comprehensive Plan Amendment through Planning Commission and Council to the Metropolitan Council. It is estimated that the amount of work for this would be relatively minimal and worth exploring. The cost of doing the next engineering step would be preparation of plans and specs. ALTERNATIVES - 1. Direct staff to undertake to the Comprehensive Plan cunendment process. 2. Table for further discussion. 3. Direct plans and specifications be developed. Because of the nature of the area any feasibility study is recommended to include the necessary soil borings along the route to insure accurate cost. The cost of soil borings is approximately $1,500 and it is recommended that 15 test borings be taken. The overall cost of the feasibility study is expected to be $6,000. Staff has preliminarily discussed the issue of a linkage between Highway 12 and the Orono pump station with Metro Waste Control. They have indicated that this would be a more preferable direction for them and see no reason why it would not be approved but feel that the necessary process has to be undertaken in order to authorize it. They havew indicated that it would be considered a minor amendment and that it would have a very limited review. It should be noted that given the City’s existing capacity in the line going east together with this capacity to the south the City would be able to provide itself with more flexibility going in either direction. If this were to be initiated at this point, the Comprehensive Plan amendment would be placed on the Planning Commission agenda for their review and comment and could be acted on by the Council after that. ALTERNATIVES - Issue #1 - Feasibility Study a. Authorize a feasibility study be undertaken. b. Await necessary processing of Comprehensive Plan amendment. c. Table for further discussion. d. Direct the utilization of the Metro Waste pumping station located near Orono Orchard Road, issue #2 - Comprehensive Plan Amendment a, initiate b. Table for further discussion. c. Choose to utilize the Metro Waste’s lift station near Orono Orchard Road. RECOMMENDATION - It is recommend that the City initiate the feasibility study and the Comprehensive Plan amendment be undertaken following completion of the feasibility study. This alternative would provide the City long term with more options regarding its sewering. cc: Jeanne A. Mabusth, Building and Zoning Administrator Glenn Cook, City Engineer John R. Gerhardson, Public Works Director A I I I E I E E C E Q r c r D E I I I JAMES R. GRAfiEK J. DIANN GOETTEN BARBARA A. PETERSON EDVARD CALLAHAN ALLEN NETTLES MARK BURNHARDSON JOHN GERHARDSON TOM BARRETT REPORT ON OLD CRYSTAL BAY ROAD SANITARY SEWER FORCE »'AIN ORONO, MINNE^jOTA MARCH 29, i.9'^0 MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CITY ADMINISTRATOR PUBLIC VORKS DIRECTOR CITY ATTORNEY BONESTROO, ROSENE, ANDERLIK & ASSOCIATES ENGINEERS/ARCHITECTS ST. PAUL, MINNESOTA 13952R I I Bonestroo Rosene Anderllk & Associates Oao G Bonrvttoa PE Room W Bwpnf Pf Joippri C Andp*l* PE Ktcfunf E Hpnet PE Jjmfi C Own PE fjtpnr R Cook PE Thomw E Noyf • PE Rnftrrt 0 hnuTM hi PE Mhvv) I. Scj' .kid PE KMh A GonJon. ) •hchaiO W Hmtf t 1. DundU C Surqaidl. PE Jetty A BootJnn PE Mark A Hdfiion PE Ittl K F«kJ PE M<hd«H t Bammann. PE Sdtxrtt » Wr<ft**tp PE David O Loikocd PE Thomai W PE MkhatH C Lynch PE James 9 Maiarv] PE Ktnnflh P Andrcwn PE Marti B RdRi PE Rdhrrt C RlrtJfk. AIA Thcvnai E Anguv PE Howanl A San«o<rt PE Dann J Edgcrton PI Marti A Wi PE Phikp j Caiw«« PE Mark O MMv PE fhomai R Andefson AIA Ciary f Ryiander PE Milpi B Jcnsm PE L Phdkp Oravvl « PE ChartM A Enckion Leo M Paweikity Harlan M Oon Suvn M Eberkn C PA Engineers & Architects March 29, 1990 Honorable Mayor and City Council City of Orono 1335 Brown Road South Crystal Bay, Minnesota 55369 Re: Old Crystal Bay Road Sanitary Sever Force Main Our File No. 13952 Dear Mayor and Council: Transmitted herewith is the report for the Old Crystal Bay Road Sanitary Sewer Force Main. This report provides for an alternate sanitary sewer trunk route for serving the Highway 12 service area. This report also reviews options for providing future sanitary sewer capacity along Old Crystal Bay Road between Fox Street and Watertown Road. We would be pleased to meet and discuss the contents of this report with the City Council. City Staff, and other Interested parties at any mutually convenient time. Respectfully submitted, BONESTRCO, ROSENE, ANDERLIK & ASSOCIATES, INC, /CCc^ Glenn R. Cook, P.E. GRC:ci of the I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws State of Minnesota.<7/! Glenn R. Cook, P.E. Date: March 29, 1990 Reg. No. 9451 13952R 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 I I i I I G I D I B i I B I I I Table of Contents Letter of Trarsmittal Table of Contents Introduction Discussion Project Cost and Funding Sununary and Recommendations PaRe No, 1 2 3 4 6 8 Appendix A - Old Crystal Bay Road Sanitary Sewer Force Main Cost Estimate Appendix B - Trunk Sanitary Sewer Replacement Cost Estimate Figure 1 - Sanitary Sewer Force Main Location Plan Figure 2 - Trunk Highway 12 Service Area -2 - 13952R I I I I L I C D I! I I I I I f I I 1 INTRODUCTION The City of Otono has requested this report to determine the feasibiiity of constructing a sanitary seeer force main along Old Crystal Bay Road. The construction of a lift station near the intersection of Old Crystal Bay Road and the Burlington Northern Railroad would also be a necessary part of the project. The force main would discharge into the Otono Metro lift station near County Road 84. The city reviewed the extension of a sanitary sewer trunk line to the Long Lake Metro lift station in a previous study. The alignment of the trunk line and the updated cost estimate is provided at the back of this report (Figure 2). The trunk line to the Long Lake Metro Lift Station would require revision of the existing sanitary sewe agreement between Long Lake Median and Orono. This report review additional options for providing a Sanitary Sewer Trunk to the Highway 12 service area. The alternates for constructing the sewer line along Old Crystal Bay Road wou’d allow the City of Orono to provide service without changing the existing sanitary sewer agreement between the three cities. -3 - 13952R II II B B B B E E D E E E r G G I t I DISCUS3I0N This project would consist of the construction of a force main to serve the area north of Trunk Highway 12 that was recently added to the municipal service area. The design alternates also allow for additional units to be added along Old Crystal Bay Road between the Burlington Northern Railroad and the Orono Metro Lift Station. The force main lift station system will be designed for 600 units in the Trunk Highway 12 corridor area. The system would be capable of handling all flow from Orono in this service area. Ve have provided two alternates for adding sewer units along Old Crystal Bay Road. There has been no attempt to identify specifically the area to be included. Ve have added 1150 units at the intersection of Watertown Road for use in deteirmining the size of lines downstream of Point B. Three alternates were reviewed to provide service for the area. All three alternates would require the same construction upstream of the proposed lift station. The existing sanitary sewer l...ne east of Washington Scientific from Trunk Highway 12 to the Burlington Northern Railroad (Point D to Point E) would be replaced with a 10 inch gravity line. A 10 inch gravity line would be constructed from the above indicated line to Old Crystal Bay Road (Point C to Point D). The lift station would be constructed near the Burlington Northern Railroad and Old Crystal Bay Road Intersection (Point C). Alternate one would provide for construction of an 8 inch force main from the new lift station (Point C) to the Orono Metro Lift Station. Alternate two would provide for construction of an 8 inch force main from the new lift station (Point C) to Watertown Road (Point B). -4 - 13952R ra I I I The line from Watertown Road (Point B) to the Orono Metro Lift Station would be a 15 inch gravity line. Alternate three would provide for construction of an 8 inch force main from the new lift station to Watertown Road (Point B). The line from Watertown Road to the Orono Metro Lift Station would be a 12 inch force main. Alternate one would provide capacity for the Trunk Highway 12 corridor area. Alternate two and three would provide capacity for 115C units that could connect to the line along Old Crystal Bay Road between Fox Street and Watertown Road in the future. The specific service area has not been identified and the city would have to complete a comprehensive study of this area to obtain more detail. I I L I I E B I I m -5 - 13952R ■ i I I I I I I I I I I I I I I I I m PROJECT COST AND FUNDING The project cost and funding alternatives are outlined In this section vith a detailed cost estimate provided in the appendix. The indicated project costs are as projected for the 1990 Construction Season (ENR 4650). Three alternates are sununarized below for providing the sanitary sewer trunk facilities. Alternate I (Point A to Point E) Part A - Sanitary Sewer Gravity Line (Pt C to Pt E) $ 105,435.00 Part B - Force Main and Lift Station (Pt A to Pt C) 475,865.00 Total Alternate I $ 581,300.00 Alternate II (Point A to Point E) Part A - Sanitary Sewer Gravity Line (Pt C to Pt E) $ 105,435.00 Part B - Force Main and Lift Station (Pt B to Pt C) 170,420.00 Part C - Sanitary Sewer Gravity Line (Pt A to Pt B) 502,860.00 Total Alternate II $ 778,715.00 Alternate III (Point A to Point E) Part A - Sanitary Sewer Gravity Line (Pt C to Pt E) $ 105,435.00 Part B - Force Main and Lift Station (Pt A to Pt C) 539,565.00, Total Alternate III $ 645,000.00 The City reviewed the cost of upgrading or constructing a parallel sanitary sewer trunk line to the Long Lake Metro Lift Station in 1989. The trunk line would provide capacity for the Trunk Highway 12 service area. The following is a summary of the Estimated Project Costs from that report. -6 - 13952R I I I I t I Alternate IV (Point £ to Point P) Partial Trunk Line Replacement Alternate V (Point E to Point F) Total Trunk Line Replacement $ 369,315.00 $ 535,420.00 The most cost effective option is Alternate IV which requires cooperation with the City of Long Lake. The second most cost effective option is Alternate V which provices for construction of a new trunk sewer line to the Long Lake Metro Lift Station. Alternates I. II and III provide for complete construction within the City of Orono. This would allow the city to provide sanitary sever capacity to the Trunk Highway 12 area without any change in the Orono/Medina/Long Lake sewer agreement. Alternate I should be compared with Alternates IV and V for serving the Trunk Highway 12 service area. Alternatives III and IV would serve a larger area and would therefore result in a higher capital cost but a lover unit cost. -7 - 13952R II (I B I I I I B C t B B D I I I SUMMARY AND RECOHHENDATIONS This report for the Old Crystal Bay Road sanitary sewer force main is intended to serve as a guide for future development of the sanitary sewer system in the City. The existing sanitary sewer lines are not adequate to provide the necessary capacity for the proposed development in the Trunk Highway 12 service area. The City of Orono can provide a sanitary sewer system that will serve the proposed development in the Trunk Highway 12 service area or an expanded area as desired. Based on information contained in this report, it is recommended that: 1. This report be adopted by the City of Orono as a guide for providing sanitary sewer trunk service to the Trunk Highway 12 area. 2. Future development be consistent with the design considerations contained in this report. 3. The City work with Long Lake and Medina in an attempt to develope a new sanitary sewer agreement. 4. The long term need for sanitary sewer service along Old Crystal Bay Road in the area between Fox Street and Watertown Road be investigated. 5. The city conduct a legal and fiscal review of the proposed project before proceeding with the selected alternative. -8 - 13952R I I i I I I I I I I I D 0 I I I I a APPENDIX A Old Crystal Bay Road Sanitary Sewer Force Main Alternate I 8" Force Main to Metro Station Lift Station at Railroad Tracks Part K - Gravity Sewer (Point C to Point E) Item Unit Unit Price Estimated Quantity 10- 10" 10* 10' 10" 10" deep deep deep sanitary sewer 0-8' deep sanitary sewer 8-10* deep sanitary sewer 10-12' deep sanitary sewer 12-14' sanitary sewer 14-16' sanitary sewer 16-18' Standard manhole Manhole over depth Cut into existing manhole Improved pipe foundation Mechanical trench compaction Clear and grub trees Seeding with topsoil and mulch Total Estimated +52 Contingency Lin.ft. Lin.ft. Lin.ft. Lin.ft. Lin.ft. Lin.ft. Each Lin.ft. Each Lin.ft. Lin.ft. LUMP SUM Acre Construction $ 14.00 15.00 17.00 20.00 24.00 28.00 1,000.00 100.00 300.00 2.00 1.00 5,000.00 2,500.00 Cost + 152 Legal, Engrng. & Administration + 82 Capitalized Interest Total Estimated Cost - Part A - Gravity Sewer -9 - 13952R 960 755 420 670 30 10 10 26 2 3,000 2,845 LS 3.0 Estimated Cost _ _ 13.440.00 11.325.00 7.140.00 13.400.00 720.00 280.00 10,000.00 2.600.00 600.00 6,000.00 2.845.00 5,000.00 7.500.00 $ 80,850.00 4.040.00 $ 84,890.00 12.735.00 $ 97,625.00 7.810.00 $105,435.00 i 8 8 8 8 8 8 8 8 8 8 8 8 I 8 I I I 19 Part B - 8" Force Main and Lift Station Item 8" DIP force main 8* gate valve and box Cast iron fittings Cut into existing L.S. Improved pipe foundation Mechanical trench compaction Remove and replace fence Bituminous patching Erosion control fence Class 5, lOOZ crushed aggregate Clear and grub trees Sod with topsoil Seeding with topsoil and mulch 8” air release valve and manhole Lift station Total Estimated Construction Cost +5Z Contingency <f ISZ Legal, Engmg. & Administration + ez Capitalized Interest Total Estimated Cost - Part B - Force Main & Lift Station Unit Estimated Estimated Unit Price Quantity Cost Lin.ft.$ 16.00 10,500 $168,000.00 Each 500.00 4 2,000.00 Lbs.2.00 3,500 7,000.00 Each 2,500.00 1 2,500.00 Lin.ft.2.00 10,000 20,000.00 Lin.ft.1.00 10,500 10,500.00 Lin.ft.5.00 1,000 5,000.00 Sq.yds.8.00 300 2,400.00 Lin.ft.3.00 2,500 7,500.00 Ton 10.00 500 5,000.00 LUMP SUM 7,500.00 LS 7,500.00 Sq.yds.2.00 10,000 20,000.00 Acre 2,500.00 9 22,500.00 Each 5,000.00 4 20,000.00 LUMP SUM 65,000.00 LS 65.000.00 $36A. 18. 900.00 245.00 $383, 57. 145.00 470.00 $440. _35^ 615.00 250.00 Total - Part A Total - Part B Alternate I-Total Estimated Cost $475,865.00 $105,435.00 475.865.00 $581,300.00 -10- 13952R ■ Alternate II 8* Force Main to Watertown Road Gravit> Sewei Watertown Road t Metro Station Lift Station at Railroad Tracks Part A - Gravity Sewer (Point C to Point E) 4- 15Z Legal, Engmg. fc Administration 4- 8Z Capitalized Interest Total Estimated Co<it - Part A - Gravity Sewer -11- 13952R Item Unit Unit Price Estimated Quantity Estimated Cost 10* sanitary sewer 0-8' deep Lin.ft.$ 14.00 •i60 $ 13,440.00 10* sanitary sewer 8-10* deep Lin.ft.15.00 755 11,325.00 1.0* sanitary sewer 10-12' deep Lin.ft.17.00 420 7,140.00 10* sanitary sewer 12-14' deep Lin.ft.20. CO 670 13,400.00 10* sanitary sewer 14-16' deep Lin.ft.24.00 30 720,00 10* sanitary sever 16-18' deep Lin.ft.28.00 10 280.00 Standard manhole Each 1,000.00 10 10,000.00 Manhole over depth Lin.ft.100.00 26 2,600.00 Cut into existing manhole Each 300.00 2 600.00 Improved pipe foundation Lin.ft.2.00 3,000 6,000.00 Mechanical trench compaction Lin.ft.1.00 2,845 2,845.00 Clear and grub trees LUMP SUM 5,000.00 LS 5,000.00 Seeding with topsoil and mulch Total Estimated 4*5Z Contingency Acre 2.500.00 3.0 7.500.00 Construction Cost $ 80,850.00 4.040.00 $ 84,890.00 12.735.00 $ 97,625.00 7.810.00 $105,435.00 —.■;r.-rT-r.rrr r,— ■il I B I I I B I I Mtemate II - (Continued) Part B - 8" Force Main and Lift Station Unit Estimated Estimated Item 8* DIP force main 8" gate valve and box Cast iron fittings Improved pipe foundation Mechanical trench compaction Bituminous patching Erosion control fence Class 5, lOOZ crushed aggregate Clear and grub trees Sod with topsoil Seeding with topsoil and mulch 8" air release valve and manhole Lift station Total Estimated Construction Cost +5Z Contingency + 15Z Legal, Engrng. & Administration + 8Z Capitalized Interest Total Estimated Cost - Part B - Force Main & Lift Station Unit Price Quantity Cost Lin.ft.$ 16.00 2,640 $ 42,240.00 Each 500.00 1 500.00 Lbs.2.00 1,500 3,000.00 Lin.ft.2.00 1,000 2,000.00 Lin.ft.1.00 2,640 2,640.00 Sq.yds.8.00 100 800.00 Lin.ft.3.00 500 1,500.00 Ton 10.00 75 750.00 LUMP SUM 750.00 LS 750.00 Sq.yds.2.00 2,000 4,000.00 Acre 2,500.00 1.0 2,500.00 Each 5,000.00 1 5,000.00 LUMP SUM 65,000.00 LS 65.000.00 $130,680.00 _ _6,535.00 $137,215.00 20.580.00 $157,795.00 12.625.00 $170,420.00 I B -12- 13952R I I I I I I B B B B tl B B B B E E B Alternate II - (Continued) Part C - 15' Gravity - Watertown Road to Metro Station Item 15 15 15 15 15 deep deep deep 15" sanitary sewer 0-10' deep 15* sanitary sewer 10-12* deep sanitary sewer 12-14' sanitary sewer 14-16' sanitary sewer 16-18' sanitary sewer 18-20* deep sanitary sewer 20-22* deep Standard manhole Manhole overdepth Cut into existing lift station Improved pipe foundation Mechanical trench compaction Remove and replace fence Bituminous patching Erosion control fence Clear and grub trees Sod with topsoil Seeding with topsoil and mulch Class 5, 1002 crushed Total Estimated +52 Contingency ^ 152 Legal, Engmg. 4 Administration •¥ 82 Capitalized Interest Total Estimated Cost - Part C - 15" Gravity - Watertown Road to Metro Station Total - Part A Total - Part B Total - Part C Total Estimated Cost -13- Unit Estimated Estimated Unit Price Quantit Cost Lin.ft.$ 22.00 1,500 $ 33.000.00 Lin.ft.24.00 1,500 36.000.00 Lin.ft.26.00 1,500 39,000.00 Lin.ft.28.00 1,000 28,000.00 Lin.ft.32.00 900 28,800.00 Lin.ft.36.00 800 28,800.00 Lin.ft.40.00 800 32,000.00 Each 1,000.00 30 30.000.00 Lin.ft.100.00 150 15,000.00 LUMP SUM 2.500.00 LS 2,500.00 Lin.ft.2.00 10,000 20.000.00 Lin.ft.1.00 8,000 8.000.00 Lin.ft.5.00 1,000 5.000.00 Sq.yds.8.00 1,500 12.000.00 Lin.ft.3.00 2,500 7,500.00 LUMP SUM 7,500.00 LS 7,500.00 Sq.yds.2.00 10,000 20,000.00 Acre 2,500.00 9 22,500.00 Ton 10.00 1,000 10.000.00 nstruction Cost $385,600.00 19.280.00 $404,880.00 60.730.00 $465,610.00 37.250.00 $502,860.OJ S105.435.00 370,/-O.00 502 M .00$77' 13952R i B il S G G B B B B 9 D B D B B I I 9 Alternate III 8" Force Main to Watertown Road Force Main Watertown Road to Metro Station Lift Station at Railroad Tracks Part A - gravity Sewer (Point C to Point E) Item Unit Unit Price Estimated Quantity Estimated Cost 10" sanitary sewer 0-8’ deep Lin.ft.$ 14.00 %$ 13,440.00 10" sanitary sewer 8-10’ deep Lin.ft.15.00 /-j 11,325.00 10" sanitary sewer 10-12' deep Lin.ft.17.00 420 7,140.00 10" sanitary sewer 12-14' deep Lin.ft.20.00 670 13,400.00 sanitary set ”»r 14-16’ deep Lin.ft.24.00 30 720.00 10" sanitary sewer 16-18' deep Lin.ft.28.00 10 280.00 Standard manhole Each 1,000.00 10 10,000.00 Manhole over depth Lin.ft.100.00 26 2,600.00 Cut into existing manhole Each 300.00 2 600.00 Improved pipe foundation Lin.ft.2.00 3,000 6,000.00 Mechanical trench compaction Lin.ft.1.00 2,845 2,845.00 Clear and grub trees LUMP SUM 5,000.00 LS 5,000.00 Seeding with topsoil and mulch Acre 2,500.00 3.0 7.500.00 Total Estimated Construction Cost $ 80,850.00 +52 Contingency 152 L», Engmg. « Administration 4.040.00 $ 84,890.00 12.735.00 Capitalized Interest Estimated Cost - a t A - Gravity Sewer $ 97,625.00 7,810.00 $105,435.00 -14- 13952R Ii I I I I t I I L C D D [ D I I I Alternate III - (Continued) Part B - 8* t 12* Force Main & Lift Station Item 8" DIP forctf main 12" DIP force main 8” gate valve and box 12” gate valve and box Cast iron fittings Cut into existing lift station Improved pipe foundation Mechanical trench compaction Remove and replace fence Bituminous patching Erosion control fence Class 5. lOOZ crushed aggregate Clear and grub trees Sod with topsoil Seeding with topsoil and mulch 0" air release valve and manhole 12* air release valve & manhole Lift station Total Estimated C( +52 Contingency + 152 Legal, Engmg. Unit Estimated Estimated Unit Price Quantity Cost Lin.ft.$ 16.00 2,640 $ 42.240.00 Lin.ft.20.00 7,860 157,200.00 Each 500.00 1 500.00 Each 800.00 3 2,400.00 Lbs.2.00 8,000 16,000.00 LUMP SUM 2,500.00 LS 2,500.00 Lin.ft.2.00 10,000 20,000.00 Lin.ft.1.00 10,500 1C .500.00 Lin.ft.5.00 1,000 5.000.00 Sq.yds.8.00 300 2,400.00 Lin.ft. 3.00 2,500 7,500.00 Ton 10.00 500 5,000 00 LUMP SUM 7,500.00 LS 7,5rr (5*1 Sq.yds.2.00 10,000 20,OOj.OO Acre 2,500.00 9 22,5JO.00 Each 5,000.00 1 5,000.00 Each 7,500.00 3 22,500.00 LUMP SUM 65,000.00 LS 65.000,00 nstruction Cost $413,740.00 & Administration + 82 Capitalized Interest Total Estimated Coat • Part B - 8" 6 12" Force Main 8 Lift Station Total - Part A Total - Part B Total Estimated Cost -15- 20.690.00 $434, 65^ 430.00 165.00 $499. 39^ 595.00 970.00 $539,565.00 $105,435.00 539.565.00 S645.000.00 13952R I B B B B D I I I I I k I e APPENDIX B TRUNK SANITARY SEVER REPLACEMENT COST ESTIMATE I. PARTIAL TRUNK LINE REPLACEMENT Pipe B2 Pipe C Pipe D Pipe E Total Current Cc«»t x 337,400) 4500 II. T0T.?L TRUNK LINE REPLACEMENT Pipe B2 '^ipe C Pipe D Pipe E Total ESTIMATED COST $ 127,700.00 43.350.00 97,000.00 89.350.00 $ 357,400.00 - $ 369,315.00 $ 127,700.00 43,350.00 201.500.00 145.600.00 $ 518,150.00 Current Cost 4650 x 518,150) - $ 535,420.00 4500 -16- 13952R n I c K I I I r E « OLD CRYSTAL BAY ROAD SANITARY SEWER FORCE MAIN ORONa MNNESOTA Dot* 3/29/90 'I Comm 1395? j Fiq. No. 1 i I I I I [ [ [ [ [ B 4690.5 n“wraiMHtnw APR 9 1990 CITY OF OROHO TO: Mark E. Bernhacdson, City Adirinistratoc FROM: John R. Gechacdson, Public Works Director DATE: April 6, 1990 SUBJECT: Termination of Contract - Highway 12 Sewer and Watermain Improvement - LS #10 and 43 Replacement Attached is a copy of a letter from Bonestroo Engineering recommending cancellation of our contract with Albrecht Excavating Inc. for the above projects. A resolution will be av?’.'able at the meeting of April 9, 1990. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, the Council adopts Resoltuion #_ terminating contracts with Albrecht Excavating Inc. Ayes _, Nays _. Bonestroo Rosene Anderlik & Associates Engineers & Architects Ooo G Boneansa ?E Sooen w aoiroe. P£ JOWtyi C AndffHt PE »ittv»)d E ^utnft PE Jjfnn C Own PE Gleon « Coon. P£ Thomji E AtOyM. PE Boom G Scnun<nt PE Mjrvm L S0»VJU PE >ce<n A Gtxnof’ ^'E R<n«d W Fo«ef PE OorvKd C Bmgjit*. PE Jffry A BounJon PE Marit A H4nwn PE TM K PE M<ruet T Bautrrjnn PE BOOM » PVterif PE Obvk I O Lowou PE rtx)in« W PfWfwn PE C Lyrvn PE ,imn P MAUnfl PE «Mn«n p Antxnon. PE ■Awn R RORl PE R oom C Rimm aia Tfioma$ £ Anguv PE Howjia A Sjnibia PE Djn«» J EOJMon PE MjfA A SC<(1 P£ PtlA© J CU ACft PE VU»» D VUiiliV PE Tnonvit R Arxjerjxi AIA Gj»y f Ryunow PE MiiM B Jensen. PE L p»>«iio G/*ve< ■ PE Chjnes A Enckson Leo M Pjwvtsky Hjrtjn M Oson Suiin M EoefSn CPA April 3, 1990 City of Orono Box 66 Orono, MN 55323 Attn; John Gerhardson Re; T H #12 Sanitary Sewer & Water Main Impr. L.S. 10 & 43 Replacement Our File No. 13940 Dear John; During a recent meeting with Dewayne Albrecht, of Albrecht Excavating Inc., he stated they would be unable to complete the above referenced projects. Albrecht Excavating is trying to hire a subcontractor to complete the two (2) projects with the City. As of this date Albrecht has not provided us with a schedule or a response as to their intent to complete the contract. We recommend the City Council pass a resolution directing the City Attorney to terminate the contract in accordance with Section 12 of the Contract General Conditions. The City would have to negotiate a contract to complete the remaining work. If you have any questions please contact me. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC;Ip cc: Albrecht Excavating Inc. Tom Barrett Roger Biggus Judy Landesman 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 Bonestroo Rosene Anderlik & Associates Engineers & Architects Ono G 8on«!iDQ PE aooen w Sowoe PE xneon C f rviffwi PE Pk*ij« E rufnef, PE ;«n>« C 0«on PE Gtcfvi g Coo». PE f»yyTi« E Noy«. P£ HDO*»t G Scnurstn* PE Mjfvm L SorvM. PE KMfi A Gcpdor PE PicMid W Po«ff PE OofviiO C Bufgan* PE Jerry A Bouoon PE A Mjnjon PE 'M K P J PE VKna« r lOucn^nn PE aoo««T R =>ffpop PE 0<v<) C LOWOfi. PE Thomn W PfWfjon. PE C Lyncn PE JAm« R MMnd. PE Keno«n P Anomon PE Ujfk R RDR) PE R oom C Ruue« aia Thomji £ An^i PE HoM>«a A SmtoM. PE Diniet J Eaqfftoo PE MjfR A S«> PE PhRR) J PE M«k 0 VMihi. PE TMOfTWl R Anonvjn AIA Gary F Ryundc* PE M«« B >01*0. PE L Ph*p Gr*«l ■ PE CMjrtM A Eocksoo Leo M P*ft«iiliy -i«uo M Oioo Sovm M £t>*fwi C PA April 3, 1990 City of Orono Box 66 Orono, MN 55323 Attn: John Gerhardson Re: T H #12 Sanitary Sewer & Water Main Impr. L.S. 10 & 43 Replacement Our File No. 13939 & 13940 Dear John: During a recent meeting with Devayne Albrecht, of Albrecht Excavating Inc., he stated they would be unable to complete the above referenced projects. Albrecht Excavating is trying to hire a subcontractor to complete the two (2) projects with the City. As of this date Albrecht has not provided us with a schedule or a response as to their intent to complete the contract. We recommend the City Council pass a resolution directing the City Attorney to terminate the contract in accordance with Section 12 of the Contract General Conditions. The City would have to negotiate a contract to complete the remaining work. If you have any quesfions pleas-? contact me. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. p/p’ Glenn R. Cook GRC:lp cc: Albrecht Excavating Inc. Tom Barrett JoAnn Wilkerson 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 To: Mayor and Council From: Mark Bernhardson, City Administrator Date: April 6, 1990 Subj: Planning Commission Appointments 91990 Qp OROHo Attachments: A.) Johnston Itr dtd 3/21/90 The Planning Commission has to positions whose term expired the end of March. Of the two current commisionners, Jeff Johnson has expressed interest in continuing. In a Phone conversation this week, Ed Brown indicated that because of a changing employment situation that he would not be requesting reappointment. In response to the news announcement in the paper, „ . one person expressed interest in appointment. He is Steve Johnston who applied last year. His resume is attached. Alternatives 1. Interview those interested 2. Select one or two appointees 3. Table foi: further consideration 4. Direct staff to solicate further applicants. «0HO I M^rch 900 North Shore Drive West Hound, MN 55364 SESO^ mar 2 3 1990 51 Hs. Dorothy M. Ha11in City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallln, Please accept my application for Planning Commissioner. As I have stated on two previous occasions, I have th educational background, experience and desire to serve on the City of Orono's Planning Commission. I »'ave a degree in Civil Engineering from the University of Minnesota. My <~.rse work included Transportation and Land Use Planning. I am a Registered Engineer In the State of Minnesota. After college I was employed by the City of Maple Grove. This gave me experience in working with city staffs and residents of the community. Some of my duties which would be relevant to this position were review of site plans and development proposals for the City Council and Planning Commission and coordination with state, county, metropolitan and local governing bodies, such as Hennepin Counc-y Department of Transportation, Minnesota Department of Natural Resources, Watershed Boards and various lake Homeowners Associations. (Maple Grove has eight lakes). For the past four years, I have been on the other side of the fence. My current position is that of Consulting Engineer for private developers and cities. This position allows me to design and then present developments to Planning Commissions, City Councils and other government agencies for thair approval. These projects have been in over twenty different metropolitan communities, each with their individual zoning and subdivision ordinances. I would bring this diverse and related ^^ackground to the commission. I want to assure you and the City Council that despite my background, I am not necessarily pro-development. My wife and I moved to Orono because of its spacious country feel and natural amenities. I will review proposals based on their conformance with City ordinance and environmental soundness. I will be fair and consistent. Tliank you for considering me for the Planning Commission opening. Sincerely, St^hen M. Johnston I 4690.6 TO: Mark E. Bernhatdson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: April 6, 1990 SUBJECT: Park Commission Candidates COUNCIL MEETING APR 91990 CITY OF ORONO Attached for review are letters of interest from four residents interested in being appointed to the Park Commission. I am trying to arrange for them to be at the Council meeting for interviews at the April 9, 1990 meeting. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat<S|P^ Forwarded for Council consideration. mar 3 0 19«JMarch 28.1990 Dear Orono Sta£f and Council, • »•* • . I would like to submit my name in nomination for the Park Comimssion openmg. I feel this is a very important community job that has mat potential to positively impact Orono for years to come. I would appreciate the opportunity to be a member of such a committee. For a numher of years I have used Orono parks and spent time thinking about such things as equipment, usage and availability to the community. In the fall I wrote a letter to the Park Commissin sharing my concerns, suggestions and sujmort. It has long been my intent to offer to lobby to assist the city in raising money for Park equipment, if that was needed. wno nas access, etc. In attempting to find a win-win compromise I have spent countless hours researching options, talking with school, city and park comimssion officials. It has been a lot of work, but very exciting and positive in that I believe there are great opportunities to work together. I believe the Park Comimssion needs to continue its important job of being proactive in its planning process as it updates the Comprehensive Plan and attempts to broaden its financial base. This is of utmost importance with the impending development of Orono with the completion of 394. I feel I would bring to the Park Commission: attention to detail while keeping the bigger picture in mind, stick-to-it-ness and a “can do” attitude with a personal commitment to plan for the future, energy to work for the good of the community. As the founder and President of a non-profit organization, the Pregnancy and Infant Loss Center, I have worked with others to turn dreams into reality providing a service to the population we serve. After haying had a child die in 198 1» I took this personal hardship and turned it into a positive, working for the good of other^ Eight years since it’s inception, my dream, our national organization, is a highly respected leader in the field. This ability to turn a difficult situation into something positive while working with many kinds of people is a valuable asset I would like to share. In ado '-:n, as a consultant to businesses in the area of team-I .k ding and comj ’ e dons I feel I would be able to contribute those skills and a team attitude in wort. ^ v/ith the city staff and council. I have included my resume. Please consider me for this Park Commission opening. Sincerely. Sherokee Dse 3630 Eileen St Orono, MN 55359 SHEROKEEILSE 3630 Eileen Street, Maple Plain, MN 55359 612-476-1303 NATIONAL TRAINER CONSULTANT FOUNDER/ PRESIDENT AUTHOR BIOGRAPHY Presented over 250 workshops on childbearing loss to national, regional and local groups in 30 states over the past six years including; National Perinatal Bereavement Conferences 1988:1986 National Parent Care Conference 1988 National Funeral Directors' Association 1986 National Compassionate Friends 1985 Guest lecturer at Residency Training Programs. School of Medicine: Georgetown University Hospital William Beaumont Hospital University of Minnesota Hospital Consultant to hospital and perinatal organizations across the country including: Georgetown University Hospital Stanford University Hospital Vanderbilt University Hospital University of Minnesota School oi Nursing Luther Northwestern Seminary. St. Paul The Pregnancy and Infant Loss Center, national non-profit center providing support counseling, education, and resources to bereaved parents and families. THE ANGUISH OF LOSS. December 1988 (Publication date: February 1989) Finalist for the 1989 National Publishers Marketing Association's Ben Franklin awaro EMPTY ARMS: Coping with Miscarriage, Stillbirth and Infant Death (over /5.000 copie*^. in print) 1985 rev.. 1982 MISCARRIAGE: A Shatte^dd Dream, co-author. 1985 ADDITIONAL PUBLICATIONS: 1989 - Ectop.c Pregnancy: An epidemic on *.he rise - Presenting Unexpected Outcomes: A Chilaoirtn Educator's Guide 1988 -"Deve'opment of a comorenensive follow-up care plan after perinatal and neonatal loss". The Journal of Pennatal and Neonatal Nursing. October 1P88 1987 -"The Baby Blues and No Baby", international Journal of Ch'idbirth Education. November 1987 1986 -"Peiinatal and lnfw.nt Bereavement". National Funeral Directors Associaticn 1985 - Grieving Grandpa'.->nts ...after misr,: mage, stillb rth or infant death -"The Emotional Aspectc nf Repc i. .-' iscarriage". Perspectives on Infertility 1984 - Sibling Grief .. after miscarriage, st ilbirth. or '.ifant death • Planning a Precious Goodbye ... - What Next?... - What Family and Fneno^ Can Do ... SHEROKEE ILSE page 2 AWARDS/ ACCOMPLISH ­ MENTS EDUCATION MEDIA PERSONAL INFORMATION Who’s Who in Professional Executive Women, 1989 Nominee Leadership Minneapolis Award Outstanding Alumnus Award. Hamline University National Pregnancy and Infant Loss Awareness Campaign task force (national proclamation signed by President Reagan in October 1988) BA Degree, Psychology and Sociology, Elementary Teaching Certificate. Hamline University, St. Paul, MN MBA work at the University of Minnesota in progress Radio and television talk show guest on numerous national and local programs including "Donahue". "Oprah Winfrey". "Hour Magazine", and "The Home Show". Mother of two living children Kellan (6 years) and Trevor (4 years) and mother of three babies who died: Marama in miscarriage (1979), Brennan in full* term stillbirth (1981), and an ectopic pregnancy (1986). Married to David Use, social work supervisor. aiYOF ORMOissao^l March 30, 1990 3685 Watertown Road Orono, Minnesota 55359 475-9026 MAR S O 1990 Mayor James Grabek City Council Members P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mayor Grabek and Council Members: I am writing to submit my name for consideration for the open seat on the Park Commission. As a resident of Orono, I am concerned about the continued quality of our parks and open spaces on a long term basis; and I would like to contribute my considerable energy to join the efforts of the Park Commission members. My family and I intend to make Orono our permanent home for many years to come, and hope to continue to enjoy Orono’s unique beauty reflected in the parts and other open spaces. Enclosed is my resume of education and work experience which is broad and varied. I have considerable experience in various human service capacities, which I believe would be a real asset in serving on the Park Commission. Thank you very much for your consideration. Sincerely, V, A' V (l. vil t Marla L. Merideth PERSONAL RESUME Marla L. Merideth EDUCATION: UCLA Los Angeles. California Major fields of study; Journalism and Art B.A. degree. 1972 Chapman College. World Campus Afloat College of the Seven Seas Scholarship Orange. California Major fields of study: journalism. Psychology and Art History Orange Coast College Newport Beach. California Major fields of study: Journalism. Art A.A. degree, summa cum laude BACKGROUND AND SKILLS: Corporate Communications Public Relations Audio Visual and Print Production Photography Writing Graphic Design Art Direaion Strong People Skills EMPLOYMENT: Merideth Creative 4561 Ellerdale Road .Minnetonka. Minnesota Position: Owner/Director Dates: September 1986 to prest * ADC Telecommunications. Inc. 5501 Green Valley Drive Minneapolis. Minnesota Position: Corporate CommunicatioManager Dates: July 1980 to Oaober 1986 Campbell Mithun Northstar Building Minneapolis. Minnesota Position: Freelance Producer. Audio Visual Workshop Dates: August 1979 to July 1980 United Way of Pulaski County. Inc. 444 Continental Building Dallas. Texas Position: Communications Director Dares: March 1976 to August 1979 AWARDS AND DISTINCTIONS: 1988 Financial Worla. Bronze Award for Graphic Design. Annual Reports 1986 lABC. Award for Excellence. Corporate Image Campaign 1983 PIA (Printing Industry of Americal—First Place Corporate Image Publication 1982 New York Art Directors Guild—Merit Award Coiporate Identip—Special Projea 1980 Financial World. Merit Award for the Annual Report. AEX: Magnetic Controls Company 1978 National United Way of America. Certificate of Excellence for Multi-Media Presentation 1978 National United Way of America. First Place for TV Commercial 1977 Addy Award for TV Campaign 1977 Addy Award for Public Service TV Commercial PROFESSIONAL AFFILIATIONS: National Press Womens Association International Association of Business Communicators CIVIC AFFILIATIONS: Board Member. Illusion Theatre Art Masterpiece Instruaor. Bloomington and Minnetonka School Districts Personal references on request. fr Jiarcn 29, x99v Mr. Fhii £raciev. Chair Park Commission MsmDers City o-f Orano MAR 3 0 1990 £ would like to suomi t mv name in nomination -for the Park Commission opening, i believe tnac Orono needs thoughttui planning in order to deveioo its Dark svstem and I I have botn the interesi: ana requisite skills this process. ■feel that to assist with I have been a resident o-f Orono for some five years and during that time have been concerneo about our natural habitat and how best to ensure that all citizens share equally in our parks, play areas, and lakeways. I have always been concerned, as well, with balancing the needs of today 3 citizens with those of future generations. As you can see from my resume, my expertise lies in the fieio of fiuman behavior; extremely appropriate to park planning. As an admxnistrator ana therapist, I have well”honeo communication skills ana I am an excellent negotiator - I woula greatly appreciate the opportunity to be a member of the Orono Pari; Commission. I await your reply to my appl icatiw.n. P.espectf ui iy Curtis A. Levang, Ph. D. 4010 9ayside P.oad South Maple Plain, Minnesota S5359 479-4123 (H) CAL/1 RESUME CURTIS A. LEVANG PERSONAL 4010 Bayside Road South Maple Plain, Minnesota 55359 612/476-4123 Marital Status: Married Birt^date: June 11, 1954 EDUCATION The Fielding Institute Ph-D., Clinical Psychology July 1906 St. Mary's College M.A., Counselling and Psychological Services December 1981 Evangel College B.S., Psychology and Mental Health May 1977 PROFESSIONAL EXPERIENCE 1977- present Psychologist Hennepin County Adult Corrections Facility Provide snort-term individual counseling, bio-feedback and relaxation therapy, and psychometric testing incluoing intellectual; projective; psychoneurological; personality; and vocational assessments. Supervise interns. 1907- present 198B- present Clinical Director Family Hope Services Clinical administrator of a Rule 29 Mental Health Clinic. Responsible for hiring, supervision and program development. Provide psychological assessments and conduct psychotherapy. Psychologist Associated Clinic of Psychology Provide psyrhnlugical assessments, recommendations and treatment for geriatric patients. Consult with nursing home staff. 1984- 1987 'Aychologist Metropolitan Clinic o<f Counseling Provideo psycnoiogical services to inoividual, couple, -family, and sexual and physical abuse clients- Led men s groups and conducted psychological evaluations. 1983- 1984 Intern Family Renemal Center (Fairview Southdale Hospital> Sexual o-f-fenders' group, multiple family therapy group and cnildren's group. 1981- 1985 Psychological Consultant Bloomington Assembly of God Church Provided short-term vocational guidance, psychological testing and individual and couple counseling. LICENSURE Minnesota Licensed Consulting Psycnoiogist Minnesota Marriage and Family Therapist CERTIFICATIONS Alfred Adler Institute Biofesdback Institute of America PROFESSIONAL AFFILIATIONS American Psychological Association Minnesota Psychological Associacion American Group Psychotherapy Association International Group Psychotherapy Association Minnesota Correctional Association PROFESSIONAL INTERESTS Applied: Psychotnerapy; Individual, Couples, Families, Group; Psychological Assessment; Business Consultant Academic: Sexual Abuse, Men's Issue*?, General Systems Theory, Psychomotor, Cognitive Therapy PUBLICATIONS ! ■ Fall, 1988. Interactional Communication Patterns in Father/Daughter Incest Families. Journal of Human Sexuality and Psychology. Spring, 1989. Father/Daughter Incest Families: A Theoretical Perspective from Balance Theory and General Systems Theory. Journal of Contemperary Family Therapy. PF^SENTATIONS Auqust, 1909. “Men. Intimacy and Sex.*' X Inr ernat i onal Congress or Group Psychotherapy. Amsterdam, Holland. May, 1909, Disorder." "Treatment of the Antisocial Personality May 12. Mayzata, Minnesota. May. 1908. "Stress in Corrections. " Minnesota Division o-f American Correctional Health Services Association. Red Wing, Minnesota. April, 1900. "Men and In-fertility." Twin Cities Live Television Program. St. Paul, Minnesota. March, 1988. “Understanding Verbal and Non-Verbal Communications." The Aoult Literacy Council Annual Con-ference. Brainerd, Minnesota. Octooer, 1907- "The Structural Analysis or Behavior Model to Understand Communications.” Annual Hennepin County Adult Corrections Retreat. Lorretto, Minnesota, March, 1907. "Career Change -for Adults." Assemblies o-f God Singles Con-ference. Bloomington, Minnesota. February, 1907. "Interactional Communications in Incest Families." Fielding institute Worksnop. San Antonio, Texas. August, 1906. "Treatment o-f the Corrections Sex 0-f-fender." IX International Congress oP Group Psychotherapy. Zagreb, Yugoslavia. RESUME Steve Gardiner 3770 Bayslde Road Orono, MN 55356 Application for Membership for Orono Park Board March 29. 1990 Qualifications: Resident of Orono for over seven years. Avid user of area parks, such as Luce Line, Baker, Noerenberg, and Bederwood. My wife and are cyclists and horse owners. My profession as a computer systems analyst has provided me with many opportunities for planning and analyzing for large projects Goals: To work with the Park Board and the City of Orono to develop a park system and neighborhood events, for the enjoyment of the citizens of Orono. f RESUME Steve Gardiner 3770 Bayside Road Orono, MN 553S6 Application for Membership for Orono Park Board March 29, 1990 Qualifications; Resident of Orono for over seven years. Avid user of area parks, such as Luce Line, Baker, Noerenberg, and Bederwood. My wife and are cyclists and horse owners. My profession as a computer systems analyst has provided me with many opportunities for planning and analyzing for large projects Goals: Tc work with the Park Board and the City of Orono to develop a park system and neighborhood events, for the enjoyment of the citizens of Orono. U UU LS MAR 3 0 1990 3770 Bayside Rd Orcno, MN 55356 Phil Bradley Orono Park Commissioner City Of Orono Dear Mr Bradley. ^ „ Please accept my application to the Orono Park Board. Enclosed is a short resume concerning ray qualification. Please contact me if you have any questions or need further information. Sin^^ely Steve Gardiner Work Phone Number 330 5283 Home Phone Number 476 0254 TO: Otono Council Members FROM: Mayor James Grabek DATE: April 4, 1990 SUBJECT: Administrator's 1989 Evaluation APft 9)990 - 1990 Goal Setting Performance Attachments;A. Goal Setting Status for *89-90 as of April 30, 1990 B. Performance Evaluation Form Annually we review the Administrator's performance in advance of any consideration for a compensat ""n adjustment together with doing the goal setting for the upcom^ g year. For the process this year, I would like to have you fill out the attached form that we have used the last few years and turn it in to me. I would then like to discuss any issues you may havi? regarding the performance evaluation and additional goal setting to be done. Because the delay in Budget, the Strategic Goal Setting for 1990 was just adopted in January we will modify the goal setting this year to just include any additional issues that you would like added for the next year. 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Ill i 5 S ^ S3^I l'^§l§8is,oSs|' CO r-< fH rHp « ? •H ? •p4 3 I fey u g §J3»;4g5g^|^ (u O OT fi & • • I I I ?4J ^ 3 ‘-ga s » •0-4 t/ cn CO . -11 11 i I & •£ 5! •£ & a o 1 5* & 8. 8 •H 44 f-^ rH& s 8 •W i M I *H S s 'Hsto Us » ■«4 ••Ha < fir |2 Iatr t *>I 8 I g g B s 00 S S s s //TTimevr cnv MMimsiwim cvNOKncn (Naur Optlcnan tarnttnencfom 1. OtMCH/-*millISTWro« fblationship a. Otnatal b. RMforalvanesa to Council c. ICe«pi"9 council Infonwd o( ■ignitlcant iasuaa 2. MMimsmTO* - COM. SETTING a. eatablUhlng a|iprapriate 9oala b. racforiaanco to acbleva 1. OOMUNm IBJUriONSHIPS a. Neipanalvanaaa to public b. Undarstandinq ol conaunlty unl(|«aness 4. aBMlMTICa u. t£MJCRSHIP a. Providing afiprepriata ocganltatlai dicaetion b. Oavaloplng aubocdinataa c. Undaratanding of oeqanltatlonal epatation d. Daciaicn naklng 5. nmacNOMNitATioiWL ODOPOwrioii a. dal^iborlng canwnitiaa b. Otbar public antitiaa t. TNSR POVOmMKZ a. Council Mating piesantatlan/dailvary b. Malniskratioi o( oiganltatiai c. Labor contract negotiations d. l.| Policy dovalcpawnt and ts>.mi»i ndation 2.) aiqnlfleant policy l*»oa a. OavalopMKt and neatlng of erganiutional gosla and dbjactivaa f. Oevalopaant o( organlsattai to Mat ebanqlng neada and inyrovoMnU 7. onCNS (Plaasa list <i»o you faal anwepriate) •K any coaawnta or ttwuqhts a4 aa to dlractiona you Mould Uka to aca althar tha organitatieti or Mainiatrator go or undartaka. •B. Any contaanta or thoughts on araaa that althar tha organliatlon or adBlnistrator should ba working to lagwova. • If ralatad to Miy of tha ■ebjeetiva* aaasuras plaasa liat tha n»ter/lettar. 4490.3 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat DATS: April 4, 1990 SUBJECT: Waterfowl Relocation Program - 1990 “""“•bhib APR 9/990 Attachments: A. Waterfowl Relocation Memo Dated 4/11/89 B. Woodhill Country Club Letter Dated 3/2/90 ISSUE 1. Provide opportunity for public to express opinions regarding the City granting permission to allow relocation of Canadian Geese from the community to another habitat. 2. Determination as to whether Council would grant that. 3. Determine what funding, if any, the City would undertake to assist in the removal. INTRODUCTION - The Council last year authorized the removal of Canadian Geese from the West Lafayette area and agreed to pay up to $200.00 for that removal. The program removed approximately 150 geese from that area. If you may recall it was estimated to take about 4 years to reduce the population in that area. The people in the area have indicated their interest in removal for 1990 per the Burgess'. In addition Woodhill Country Club has expressed an interest in having 100 to 125 geese removed. DISCUSSION - The program went well last year and the City may desire t^ participate in the West Lafayette area up to approximately $200.00 again this year. For Woodhill Country Club, since it is primarily a benefit to the Club as a whole, it is recommended the City not contribute any amount. ALTERNATIVES Issue #2. 1. Allow the removal. 2. Not permit the removal. 3. Allow removal only n one of the two areas. 4. Table for further discussion. 5. Take no action. TO: FROM: DATS: 41189.2 Mayor and City Council Mark E. Bernhardson, City Administrato^l'^ M April 11, 1989 SOBJKT: Waterfowl Relocation Program Attachments: ISSUE A. Waterfowl Removal Memo Dated 4/6/89 B. New Release/Waterfowl Relocation Program Dated 4/11/89 1. Provision of opportunity for the public to express their opinion regarding the City's possible granting of permission to allow the relocation of Canadian Geese from the community to another habitat. 2. Determination as to whether the City Council would grant the authority to relocate the Canadian Geese. 3. Determination of what funding, if any undertake to assist in removal. the City would INTRODUCTION - As noted in Attachment A there has been interest by one neighborhood to have Canadian Geese relocated from their area. As noted in Attachment B notification was placed in the paper to inform people that the City of Orono was considering the possibility of allowing the relocation of Canadian Geese from the community. DISCUSSION - As noted last time the requirements of permits from the Department of Natural Resources the Federal Migratory Waterfowl Agency require a public opportunity (although not a public hearing per se) to comment on the City's participation in the program prior to its making a determination as to whether it wants to participate or not. The program is a humanitarian way of capturing the geese and relocating them to areas generally further south in rural areas that desire to have the birds located there. The cost of the program is about $1,000 per year and the neighborhood on Pheasant Lawn has indicated their willingness to contribute the total for 1989. It is anticipated that this program would be on a year to year basis depending on what contributions the neighborhoods put forward. The City has not budgeted any money for participation in the program and presently there is only one other area that would be a candidate at this point, however, that does not mean that in the future there would be other areas. Alt*?tnativQ #3 - Funding 1. Fund up to $200.00 in the Lafyette area as in last year. 2. Provide funding also for Woodhill. 3. Split the funding between the two. 4. Agree not to fund either. 5. Table for further discussion. RECOMMENDATION - It is recommended that the Council fund up to $200.00 for the program for 1990. As Woodhill has not requested any funding assistance in this, that the $200.00 be given to the West Lafayette area. PROPOSED MOTION - Moved by , seconded by , Council agree to allow the goose removal in €He two areas that have requested it, with funding for the West Lafayette up to $200.00. Ayes Nays cc: Police Chief Kilbo Dr. James Cooper / /IrtTKltHligUr A To: Mayor Grabek & Orono Council Members Prom: Mark E. Bernhardson, City Administrate Date: April 6, 1989 Subject: Waterfowl Removal ATTACHl^TS - A - Burgess Letter Dated 4/6/89 ISSUE - Determination as to whether the City wants to in.. ^ ate the process for possible removal of Canadian geese in the select neighborhoods by holding a public meeting on the matter. INTRODUCTION - As noted in Attachment A, the neighbors in the Pheasant Lawn area have become concerned about the goose population which over the last several years has gone from a single pair of geese up to a couple hundred this last fall. It is our understanding that a public meeting on the matter, "publically noticed" has to be held in advance of any removal done. The University desires to have a pretty good idea by the first of May of how many waterfowl removals they would be doing this summer, during a June/July time frame when the geese are not able to fly. DISCUSSION - The requirement for a public discussion held by the City is established by Federal Migratory Bird Agency and DNR prior to issuance of their permit. The issues at the meeting will be as follows: A) Whether the City would permit the removal of such waterfowl. B) What funding if any the City would undertake to assist in the removal. As noted on Attachment A, the usual goose concentration reduction program cost . about $1,000 a year which removes approximately 95% of the geese at chat time, with a 30% return rjte in subsequent years. Normally it takes them only 4 years to effectively reduce the population to one that is no longer a concentration. In addition, they recommend every 2 years after that an additional removal program. At present there he- e only been 2 areas of notable concentration, this one on Pheasant Lawn together with the one on Shadywood Road (which the latter is more than just geese. It also includes substantial numbers of ducks). The neighbors on Pheasant Lawn have indicated their desire to fund it, but as noted in Attachment A, are soliciting assistance from the City on the matter. It should be noted that several suburban cities have participated in, if not totally funded, the program in their respective communities. ALTERNATIVES Issue 1. 2 Informational Meeting 1. Solicite comments. 2. Contine to next meeting for additional comments. Issue 2. - Granting Permission 1. Grant permission for the program generally. 2. Grant permission for a specific location. 3. Choose not to grant permission. 4. Table. Issue 3. - Financing 1. Choose not to participate. 2. Contribute an amount. 3. Table for further discussion. RECOMMENDATION - It is recommended that the City Council absence substantial public opposition to the contrary grant permission for the relocation of the Canadian Geese by the University program and that the City also contribute up to $200.00 in 1989 for the program. PROPOSED MOTION - Moved by __, seconded by __, that the Council having publicly notified and allowed the opportunity for comment does grant its permission for participation in the program and is willing to contribute up to $200.00 for the program during 1989. Ayes _t Nays _. cc; Dr. James Cooper Carol Burgess, 2800 Pheasant Road AR-6iSa Hark Bernhardson. City Administrator City of Orono P. 0. Box 66 Crystal Bay. MN 55323 Dear Mr. Bernhardson; In response to our recent telephone conversation regarding the Canada Goose problem In the Pheasant Lawn area, we would like to request that the City of Orono begin a program to limit the Canada Goose population in our neighborhood. The Canada Goose population is increasing in the entire Twin Cities area at a rate which is causing great concern. For those of use who live on Lake Minnetonka, the Goose population has Otjcomu uninanagoble. I have lived at 2800 Pheasant Road since 1967 When 1 moved to my home, there were no geese in the area. The geese started settling in the mid 70‘s. Each year sees a larger and loi'ger flock as they return, nest, and raise their young. Last summer, there were three to four new broods for each adult pair. The summer population is probably around 50 geese, and, during the fail migration, over 200 geese were on my 'awn. This proliferation of geese causes many problems. It is impossible to use lawns for recreation without hours of clean-up My beach area was completely unusable. Many families in the area have very young children, and the growing goose population poses a particular health and safety factor for them i have tried to discourage the geese by stringing lines and flag-: all around my shoreline, but this has not proven to be effective I was advised by the f i.rnesota Department of Natural Resources to harass the geese with noise, chasing, etc. Again, there hav no long-term effects Last year, I spoke to Rick Denneson, the Orono Cornu, ..nity Service Officer, and had him come to my home to personally see the effects of the growing goose flock. Mr. Denneson, after walking through my yard, agreed that the geese had made my lawn impossible to use. Goose droppings were so heavy that he had trouble finding a spot to step. Mr Denneson then contacted state and local agencies regarding the problem and how we could deal with it. No information or action was Initiated last year. However, this past winter, Kevin Walsh. Orono s present Community Service Officer, informed me that he was still working on problem. Recently. Mr. Walsh forwarded a letter to me from James Cooper of the University of Minnesota outlining a Canada Goose control program. A copy of Professor Cooper s letter is enclosed. The residents of the Pheasant Lawn area are in favor of using this plan to limit the goose popu­ lation in our neighborhood. We realize that there is a financial commitment. We would hope that the City of Orono will work with us to implement this program and will participate with funding assistance. Many communities in the Twin Cities metro area are already doing so Professor Cooper has provided Pheasant Lawn with a spot on his schedule for this year, if all preliminary steps (see accompanying letter) can be concluded by May 1 , 1989. we can have the first stage of removal this summer. Thank you for your help. Please feel free to call on me if I can be of any assistance. Yours truly. ^ Carol Burgess 2800 Pheasant Road Excelsior. MN 55331 612-971-9357 c/ Waterfowl Removal April 5, 1989 Page 2 of 2 ALTERNATIVES - 1. Schedule a public discussion for April 24, 1989. 2. Choose not to set the discussion. 3. Table until a later time realizing that it would probably me^n no removal this year. RECOMMENDATION - It is recommended that the City establish the public discussion to allow the opportunity this year for possible removal of the geese. PROPOSED MOTION Moved by _ _r seconded by _ _, that the Council ®sj:abj.ish Acril 24, 1989 as a date for the public hearing on the removal of waterfowl and that the appropriate notice published in the paper. Ayes - -r nays cc; Carol Burgess Dr. James Cooper KEVIN WALSHCommunity Service OfTlcer Office: 47.1-7710 NiKht*: 544-9511 Emergenc>’: 911 445 Willow Dnve Lon* Lake. .Minnesota On the North Shore of Lake Minnetonka TY OF MINNESOTA- Department of Fisheries and Wildlife, College of Natural Kesources St. Paul Minnesota 624.1223 55108 3/15/89 Mr. Rick Denm P.O. Box 86 Orono, MN 55323 Dear Mr. Denneson: Sometime ago you requested information on Canada Goose population control. Sorry for the tardy response. We are prepared to help with the implementation of a Canada goose control program. The steps needed to get a program underway in 1989 and the agencies involved are: 1. Determine proposed target goose population reduction levels via discussions with city residents, feedback from press coverage, etc. (City) 2. Hold a public hearing to explain program and obtain additional input on acceptable population levels and reduction procedures (City, University, Department of Natural Resources, U.S. Fish and Wildlife Service, U.S. Department of Agriculture). 3. Ascertain goose population size and distribution (University). 4. Obtain state and federal permits (University). 5. Capture and ship birds (University with cooperatiu.i of DNR and U. S. Department of Agriculture). 6. Monitor populations to determine additional removal level (University). 7. Conduct additional removal as needed under contract. The services provided by me include design of the removal program, public hearing participation, answering technical questions on goose ecology and management, humane and professional removal of problem geese, coordination of permits and bird disposal via the Minnesota Department of Natural Resources, and evaluation of the effectiveness of the program. Based on our experiences elsewhere, the cost will beSlOOO per goose concentration site per year. It is my understanding that you wish to control the summer population at Long Lake, thus the cost would be $1,000 per year. These funds cover salaries for a crew of 6 University students, transportation, and equipment maintenance costs, etc. Capture and removal is done during the flightless period, extending from the second week of June to the first week of July. Because we have only three weeks to do removal, crews and equipment needs must be plan in advance, therefore, steps 1 and 2 should be completed by 1 May, 1989. Based on previous research, I recommend a 4*year adult and young removal program to reduced the flock, followed by removals at two-year intervals to maintain low numbers. An alternative control method would be hunting by licensed hunters during the special early Canada goose hunting season or during the regular season. I recommend you contact Jon Parker, Minnesota Department of Natural Resources (445-9393) for details. Sincerely yours. James A. Cooper Associate Professor cc.Roger Johnson, Minnesota Department of Natural Resources Jon Parker, Minnesota Department of Natural Resources Richard Wetzel, U. S. Department of Agriculture 41189. NEWS RELEASE - CITY OF ORONO WATERFOWL RELOCATION PROGRAM At the Orono City Council's April 24, 1989, meeting Council will discuss whether it will grant permission for the University of Minnesota Waterfowl Relocation Program under Dr. James Cooper to undertake the relocation of Canadian Geese from selected areas in the community. Dated 4/11/89 MINUTES OP THE ORONO COUNCIL MEETING OP APRIL 24, 1989 MAYOR'S REPORT-MISCELLANEOUS CONTINUED Mayor Grabek suggested that following his meeting with Chief Kilbo, and possibly City Administrator Bernhardson, he should attempt to correct the injustice against Mr. Bernhardson. If he felt that his concerns were adequately addressed, Grabek felt it would be appropriate to put a response in the paper as to what he learned about the Police Department and the City Administrator. Mr. Peterson said he would have no problem with doing so. PLANNING COMMISSION APPOINTMENTS CHAIR AND VICE CHAIR Mayor Grabek asked for any additional comments from the Council regarding the Planning Commission Appointments. There were no f. ther comments. It was moved by CounciImember Goetten, seconded by CounciIr'^mber Callahan, to appoint Charles Kelley as Chairperson, Maureen Bellows as Vice Chairperson, and Sarah Moos, for three year terms. CounciImember Nettles stated that he was very impressed with Mr. Stephen Johnston and wished to include him. CounciImember Goetten concurred with Nettles, but stated that when there was another opening, she would hope he would come forth. Motion, Ayes=3, Mayor Grabek, Alan Nettles, Nay. Motion passed. PLANNING COMMISSION/COUNCIL JOINT MEETING Mayor Grabek stated that there had been some expressed regarding the agenda for the joint meeting. concerns CounciImember Goetten stated that the City's involvement regarding the land use aspect of marina applications and other issues now falling within the jurisdiction of the LMCD needed to be addressed. She asked to have that issue placed on the agenda for the joint meeting. Mayor Grabek suggested that the meeting begin at 6:00 and end at 8:00 and all involved persons concurred. Mayor Grabek agreed that the marina issue should be placed on the agenda. Planning Commission Representative Kelley interjected that he would like to see that topic discussed. With respect to the other agenda items, Kelley suggested having guidelines set forth to provide objectives for each. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to accept the date and agenda discussed. Motion, Ayes»5, Nays»0, Motion passed. CITY ADMINISTRATOR'S REPORT: REMOVAL OF HATBRFOffL Ms. Carol Burgess was present as a representative of the residents of Pheasant Lawn. City Administrator Bernhardson explained that the residents WOODHILL COUNTRY CLUB 200 WOODHILL ROAD WAYZATA. MINNESOTA 55391 473-7333 HAR-5B90 1^ March 2, 1990 Mr. Mark Bernhardson Box 66. Crystal Bay Orono. MN 55323 Dear Mr. Bernhardson: I am writing in regard to the increased goose population on Woodhill Country Club's property. Due to the number of geese on the golf course, the amount of droppings have created a problem. We have contacted Jim Cooper from the University of Minnesota Department of Fisheries and Wildlife to have the geese relocated. We would like to apply with the City of Orono to have approximately 100-125 geese removed and relocated to the state of Oklahoma. This would occur during June, while the geese are in molt. If you have any questions about the operation please contact me at 473-5811. Sincerely, (2cck Rick Fredericksen. CGCS Golf Course Superintendent RF:dt cc; Jim Cooper . 05./- / MINUTBS OF THE ORONO COUNCIL MEETING OP APRIL 24, 1989 REMOVAL OF WATERFOWL CONTINUED of Pheasant Lawn were experiencing problems with an increasing Canadian Goose population. The residents wish to particpate in a relocation program that will cost $1,000.00 per year. Bernhardson said that the City had not budgeted for participation in the program, but may wish to make a small contribution. The City had to make public notice to comply with DNR permit process. Dr. James Cooper of the Department of Fisheries and Wildlife, was present and provided information and a brief history concerning the Canadian Goose relocation program. Mayor Grabek questioned whether the increase in geese and, consequently goose droppings, would escalate to a health hazard if removal did not occur? Mr. Cooper said the possibility of a health hazard from geese is very remote. The problem is mainly aesthetic where property owners are concerned. CounciImember Goetten questioned when the removal program began. Dr. Cooper responded by saying that the program began in 1982 in the Lake of the Isles area. Mayor Grabek said he welcomed the opportunity to be involved and suggested that the City be kept abreast of the effectiveness of the program. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to contribute $200.00 toward the $1,000.00 fee continue to monitor the situation. Motion, Ayes=5, Nays*0, Motion passed. WBSTONKA/COONTY ROAD 15 BEAUTIFICATION Mr. James Robin, a landscape architect, was in attendance and presented his proposals for the Westonka/County Road 15 Beautification project. The first requirement necessary for the project's success is that all three communities endorse and implement the proposal. The najvor objecti/es of the project is to improve the appearance of the road, repair the damage caused by the construction work, and "soften" the appearance of the area by taking advantage of the shoreline and other natural qualities. Plantings would also be used to soften the appearance. Reorganization and demarcation using tree islands o.. the street parking areas near the Seton Bridge and in Navarre would also increase the aesthetic quality of Shoreline Drive. Mayor Grabek confirmed that Mr. Robin had been commissioned bv the Westonka Chamber of Commerce to put this plan together. He said that there would now be a drive to raise funding f'?r the project. He asked Mr. Robin what the estimated cost of the project would be. Mr. Robin said that had not been determined. It was his understanding that much of the improvement would be done by individual property owners. Councilmember Callahan questioned whether the plantings would grow along the side of the road? He mentioned the earlier 1 " 4690.2 *;i3 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Adrainistratoi DATE: April 6, 1990 SUBJECT: Park Dedication Fees COVNCtl ME£TM6 APR 91990 cmr OF ORONO Attachment:A. Park Dedication Fees Memo Dated 3/14/90 (Cover and Draft Ordinance Only) B. Minute Excerpts Park Dedication Discussion 3/26/90 C. Proposed Revised Ordinance ISSUE - Determine if the Council u»?sires to make amendments proposed by the City Attorney. INTRODUCTION - Council adopted an ordinance regarding a change in the park dedication fee at its March 26, 1990 meeting. Because of issues raised in conjunction with that consideration the City Attorney reviewed again the Ordinance and ha's made some suggested changes to that. DISCUSSION - The changes as noted in the Attachment are as follows; 1. Change cite in Ordinance to conform to 1989 codification. 2. Indicate the City has the ability to determine that wetlands are an optional consideration. 3. Clarification as to final determination as to amount. 4. Clearly indicate that the value is pre-development value• 5. Further rights of appeal in accordance with case law. 6. Clarification as to time for determination of fee. 7. Determination as to whether this applies to all applications not given preliminary approval by May 1st or to applications received after May 1st. Part of these recommendations were incorporated in the motion as noted in the minutes. ALTERNATIVES - 2. Amend and adopt. 4. Take no action. RECOMMENATION - It is recommended that Council adopt the recommended changes with the clarification that it applies to application submitted after May 1, 1990. PROPOSED MOTION - Moved by _, seconded by _, that the Council adopt the proposed changes to its Ordinance as outlined in Attachment C. Ayes _, Nays _. 31490.2 TO: Mayor and City Council FROM: Mark E. 3»rnhardson, City Administrator DATE: March 14, 1990 SUBJECT: Park Dedication Attachment; A. Park Dedication Merac Dated 2/23/90 B. Public Hearing Notic? C. Draft Ordinance Language D. Comprehensive Plan/Park and Open Space Plan E. Ordinance 11.62 ISSUE - 1. Hold a public hearing to gather input on the proposed amendment. 2. Determination as to what changes, if any, the Council desires to inact: A. Chapter 11.62 regarding park dedication and B. Chapter 1.05 the Fee Ordinance as updated by Ordinance 62 of the Second Series. INTRODUCTION - At Council's December 11, 1989 meeting the Park Commission made recommendations regarding an increase in the park dedication ordinance. This was discussed further at the Council's January 8th and also at the Febrary 26th meeting with a public hearing being scheduled for this meeting. The City Attorney's office has reviewed and developed language proposed in Attachment C. DISCUSSION - The issues outlined in Attachment A that are incorporated in the language are as follows; A. 8% dedication level B. Basis for valuation - valuation is set on the predevelopraent value. C. Per Council directive no phase-in is proposed. D. Effective date - established to be eft<»ctive for all applications received after 1 May 1990. Additionally Council discussed with the Park Commission to work on developing a capital plan for the parks. Park dedication fees are viewed by the development community as onfoffivera! II development fees to which they generally express reservations. The general issues related to any developer's fee are as follows: Capital versus Operations - Generally dedication fees are for capital expenditures only, it is expected that operational expenditures would be handled by existing tax base for the portion of operations used by the current users and new tax base for the use by the new development. Costs Soj.j^_t - To the extent that any new TacTillty Is soley”^for use by new development, the total should be paid by the developers. However, for those facilities which there is service to both current development and new development and necessitated by both it is felt the issue relates as to how that is split. (It is assumed that costs for current users would either be through general tax base or some type of assessment.) How Constructed and Paid - Construction - Either built by the developer or by contract and construction under City auspices. Financing - Privately - Either paid privately by the developer and financed in either private sales or mortgage costs. “ Payment can either be through developer's payment up front or an assessment. An issue of r^ark dedication fee for Orono is that at current zoning standards the community is 70-80% developed and the letter questions the fairness of paying for a suostantially increased park systems by the 20-30% of tiie land that is left undeveloped awaiting to be subdivided. Rationale for Par< Dedication - Subdivision represents the intensification of land use in the community. Minnesota statutes that allow for park dedication at subdivision time recognizing that new units create a potential impact on the park system. The use of park land falls into three catagories. Ooen Scace - This element recognizes the benefit to a city of areas which are not built on. In the dense urban environment of central cities, such open space is critical and in many of the redevelopments done in the central cities they work to free up open space for small parks and plazas. In a suburban area because of the larger sized lots this is not as critical an issue. Passive Park Space - This represents the element for utilization as shown on the Comprehensive Plan that 1 allows people to walk, relax, enjoy, photograph, picnic, etc. in the park. Active Recreation - This is when areas are created and developed in a park for team sports, such as baseball, soccer, tennis, skating, softball together with uses for bike/hiking etc. The catagories for functional us« -»f open space, passive and active parks are not mutually excl.i ive, but can be the same acreage and serve all three purpos*^:. Parks in suburban areas particularly developed within last 20 years tend to be incorporate all 3 aspects. In the case of Orono, Attachment D, which is the Park and Open Space plan, indicated one of the functions of large lots is to provide open space for people and the City itself does not need to provide parks for that specific function. These large lots while providing the open space and some "room to roa« ’ especially for children does not provide the needed space or ge^^ .ly allow for the development of substantial playgrou equipment, organized games, etc. ^in part because those lo are often wooded areas or not flat enough, which effectively limits such sports activity). Current Ordinance - As noted earlier the City of Orono's schedule in lieu of dedication fees has remained the same since 1975. The City has had the option of obtaining a reasonable portion of land. If the City would look to pick up between 5 and 10% from any subdivision the value of that land would far exceed dollars in the fee schedule. In that regard the current system has an inequity in it, that would would be rectified by increasing the cash in lieu of contribution to a figure that would be comparable to the amount of land that would be requested to be dedicated. For the City to take an amount of land that would be equal to the current cash in lieu of contribution at todays values the City would pick up less than .4 of an acre in a 40 acre subdivision, which is an irea substantially less than that needed for one ballfield. An 3% land dedication would yield about 3.2 acres. The impact of subdivision and the way to monetarily gauge it can fall into two catagories. A. P®r Unit - From a park demand standpoint in the area of “^anlzed play/active recreation a four bedroom house on 5 acres of land has the same demand for organized play as would a four bedroom house on 2 acres or on - 1 acre lot. B. Valuation - To a degree the value placed on the pro^ty does reflect the anticipated intensity of use and in turn intensity would dictate the demand on the park system. For example a 10 acre parcel can b- developed into 10 one acre lots, 5 two acre lots or 2 fiva acre lots. (To a degree this is true however it is not n«»cessarily a direct relationship to value as it noted in the following chart. The value per unit for a five acre lot in Orono i^ currently higher than that for one acre (sewered). f3o the five acre lot which has less need for the open space component than say the one acre lot would be ‘actually contributing more to the park system than the one acre lot.) The other issue with using straight value is that the value for commercial and multiple residential, because of the density, would have a higher value per acre. On the one hand for multiple residential they do have larger need for he open space but for particularly one and two bedroom attached dwellings would have a demand per unit that is less than that for the four bedroom house. Recent sales in the area on a per acre basis and the cost pet unit together with the impact of the 8% and the valuation is as follows: Lot Size 5 Acre 2 Acre 1 Acre (Already Sewered) Commercial- Industrial Cost Per Acre $6-7200 7600-13200 21-29000 28-31000 Per Unit (One House) $30-36000 15200-26400 21-29000 8% Per Unit $24-2880 12-2100 1680-2320 8% per acre 2240-2480 Per Unit Unde- Present Schedule $100 200 400 $5U0/acre Park Development - Attachment S indicates the City based on national standards together with the limit- ne»d for open space because of the large lot zoning, and the ne-d to take advantage of other jurisdictions located within the community. The City itself however, while cerhaps not having a large need for small serving a very limited area, only has Bederwood at 12 acres and Hackberry at 4 acres under its jurisdiction on imparks of any reasonable size for organized sports can be developed. Tn- School District does have certain fields developed which are used for summer recreation and has acquired an additional 50 acres on the east side o£ Old Crystal Bay Road which would be appropriate to review in the park Plan However the City does have a very limited ability Currently’to address the increasing demands for the organized sports/community playfield classification. Park Acquisition - The Comprehensive Plan speaks to the need not to acquire any further park land. It is approporaite that this be reviewed by the Park Commission if the the City needs to acquire any addition park land which should be done within the next 5 to 10 years as by the year 2000 the City is expected to reach full development at the current zoning standards. In other suburban communities the land is often acquired early-on when it is relatively cheap and available in fairly substantial segments. The communities in acquiring that land often "bank it" until additional funds become available and there is a demand for upgraded facilities. In Oi-ono’s case the initial monies would be used to acquire any land for oarks desired together with trails and bikeways system through co'ntributions and dedications for these facilities. Once the land is acquired it can be developed as the demand dictates. This allows the flexibility, should zonings in any area be changed to allow more intense development and placement of additional facilities in those parks should greater community development be allowed. Future Lot Subdivision - Under the current system once lots are ready to be subdivided and pay an additional park dedication fee on the number of additional units. It should be made clear in the ordinance that regardless of the system the City adopts that should additional lots be subdivided that an additional burden is c-oat«d. Under the proposed ordinance it is valued at the next subdivion and credit is given for that parcel from the amount paid at the previous subidvision. Value of that lot should generate monies for park system because it is intensifying the use. To a degree contributions on a per unit basis are easier to handle than giving credit for value based on the future subdivision. Credit/Non-Credit for Select Improvements - As noted in jhe City's current ordinance together with those of o^Jier communities they define what limited credits, if any, will be gi _ park dedication fee or lands in advance. consideration although not necessarily specifically for c..edit are the following; Wetlands Tr ailsTennis Courts/Other onsite recreational improvements The City’s decision as to which should ^e credited and which shouldn't assists in administering the policy. Vl® wetlands for the City, the City only takes an ^ such is not taking title to the land. It may that it be given any break on the park dedication f-e it stfU Snder^rivate ownership. As noted in the the City doesn't take credit for the open space in a planned unit district either. Caps “• Because of the demand lj oarks is not necessarily fully a Tuition of the value of the property, the City could look at placing a cap on the amount of development in any unit would necessarily contribute. Currently in the proposed ordinance there is a provision that the minimum has to be contributed. ALTERNATIVES - Issue #1 - Public Hearing 1. Hold. 2. Conclude. 3. Continue. Issue #2 - Ordinance Amendment 1. Adopt. 2. Amend and adopt. 3. Table. 4. Take no action. RECOMMENDATION - It is recommended that the language presented is acceptable for an 8% of the land assessment of a preliminary plat. The concern is however, that each and every subdivision needs to be evaluated separately to determine the actual "valuation basis" and several of these in the future will probably be discussed at Council level. As an alternative staff still recommends taking an average value lot in each catagory an applying 8% to be used as the ^.er unit lot figure for the following year. (The catagories would be the 5 acre, 2 acre, 1 acre and then gearing the multiple dev»: ':>ment to percentage at 75% of the single family 1 acre.) Addi*-' nally it is recommended that the Park Commission be directed to - .e forward with methods for doing the appropriate Park Development Capital Plan. Once the Council has adopted the new park dedication ordinance, language to amend the fee ordiance will be submitted. PROPOSED MOTION - Moved b> seconded by , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 26, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Callahan and Peterson. Councilmember Nettles was absent. The following represented the City staff; Acting City Administrator Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook, Police Chief Kilbo and City Recorder Scheffler. YEAR XVI C.D.B.G. FUNDS PROPOSED USE PUBLIC HEARING 7:00 P.M. TO 7:02 P.M. The Affidavit of Publication was duly noted. Acting City Administrator Gerhardson stated that the purpose of this Public Hearing is to ootain citizen input. This year Orono will receive approximately $23,000.00. There were no public comments regarding this matter and the public hearing was closed. Councilmember Goetten informed those in attendance how the funds are proposed to be disbursed. She said that in addition to the $20,000.00 for housing redevelopment, the City will grant $1,000.00 each for Westonka Intervention, Westonka Community Action and Interfaith Outreach. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2783 allocating Year XVI Community Development Block Grant funds as that Resolution indicates. Gerhardson requested that the motion include that those organizations proposed to receive funding submit a written statement as to the intended use of the funds. Gerhardson said that HUD requires the written statement as part of the approval process. Goetten amended her motion to reflect Gerhardson's request, Peterson seconded. Motion, Ayes-4, Nays-0, Motion passed. PARK DEDICATION FEE ORDINANCE PUBLIC HEARING 7:10 P.M. TO 7:21 P.M. The Affidavit of Publication was duly noted. Gerhardson explained that the Park Commission has prepared and is presenting an Ordinance to amend the Park Dedication fees due to the fact that the existing fees collected are inadequate. Park Commission Representative Flint listed the conclusions the Park Commission had determined after two years of studying the Park Dedication fee Ordinance; 1) The current Park Dedication fee schedule is woefully - 1 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 PARK DEDICATION FEE CONTINUED inadequate. 2) The park program has immediate needs for funds that would be generated from raising the fee. That would be to undertake a comprehensive planning process and to build a trail system. 3) There is a window of opportunity to raise the appropriate funds by placing the new schedule in effect as soon as possible because the development that is likely to occur will occur within the next several years. If there is any further delay the needed funds will not raised. 4) The fee schedule should be based on pre-development fait market value of the land. 5) The Park Dedication Fee should be established at 8% of the fair market value of the land. Marla Meredith, 3685 Watertown Road, Linda Whitman, 3620 Eileen Street, and Scott Stein, 3575 Christine Drive, indicated that they supported the Ordinance Amendment. Councilmember Callahan asked the Park Commission why they recommend that the Park ^ee be based on 8% of fair market value rather than an established average that would be set for each of the various lot sizes within Orono. Flint replied, "We favored the use of the fair market value because it seems to be common among other cities. We have talked with Orono's Assessor and he sees no problem in providing a fair market value. Taking an average does not comply with the inte. of the Park fee which should be relative to the value of the land. The use of that method would not be fair in that it would not consider the variation for example in the cost of a 2- acre lakeshore lot and a 2-acre inland lot. The fair market value method would automatically reflect the rate of inflation. Mr. Tom Owens, an Attorney, expressed the concerns of his client, Robert White who resides at 4245 Bayside Road. Mr. White is in the process of gifting a portion of his property to his son and will now be subjected to this increase in the Park Dedication fee. Mr. Owens questioned whether there would be any further public hearings or meetings prior to adoption of the amendment. Gerhardson replied that this public hearing could be continued if the Council chose to table this matter for this evening. Mr. Owens said, "The imposition of a mature community such as Orono amending this Ordinance at this point, puts the burden - 2 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990 PARK DEDICATION FEE CONTINUED of the park system on those with considerable acreage yet to be subdivided.'' There were no further comments from the public and Mayor Grabek closed the public hearing. In response to Mr. Owen's comments. Mayor Grabek said, "I don't think that we should put aside all of the Park Commission's hard work over the past two years because of one incident and objection. We have not heard any opposition from other Orono residents. The Park Commission has done an admirable job. We have delayed action on this long enough." Gaffron asked at what stage of development would a parcel of land be assessed for Park Dedication fee. Gaffron also asked the effective date of the Ordinance and how the Council will address those applications for subdivision that have already been received by the City. Councilmember Callahan suggested that applications now in the process of review by the City would not be affected by the Ordinance Amendment. Callahan believed that an effective date of May 1, 1990 to be appropriate and that the property value be assessed as of the time that preliminary subdivision approval is given. Councilmember Goetten stated that she agreed with Councilmember Callahan. Goetten indicated that this is an appropriate time to implement this change and that she felt comfortable doing so. Councilmember Peterson concurred with Callahan and Goetten and had wished that this had been done long ago. Peterson thanked the Park Commission for their efforts in researching and preparing this Ordinance Amendment. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt the Park Dedication fee Ordinance amendment, with the clarification that it become effective May 1, 1990, that applications for subdivision that have been filed up to this point not be covered by the new ordinance and that the assessed fair market value of a property be based on its status as of the date of preliminary plat approval. Motion, Ayes-4, Nays-0, Motion passed. CONSENT AGENDA* Councilmember Goetten requested removed from the Consent Agenda. that items #4 and #23 be It was requested by Acting City Administrator Gerhardson that items #15 and #17 be removed from the Consent Agenda. - 3 - ORDINANCE |SECOND SERIES AN ORDINANCE AMENDING SECTION OF THE ORONO CITY CODE RELATING TO PARK DEDICATION AND CASH FOR DEVELOPMENT OF LAND. The City Council of the City of Orono ordains as follows: Section 1. Section 11,62 of the Orono City Code is hereby amended and the current fee schedule for park dedication fees is hereby repealed. Section 2. Section Parks, Playgrounds and Open Space. A. Lands for Public Use. Pursuant to Minnesota Statutes, i9?l (1989), Section *462.358, subd. 2 2b, the City requires all persons, corporations or other legal entities that subdivide land with the City of Orono must as a prerequisite to approval of a lot division, final plat, or development of any land previously divided by plat, m<'tes and bounds, or any other means, to must convey to the City or dedicate to the public, for use as parks, playgrounds, trails, or open space, a given percentage of the land being platted or developed as hereinafter specified, said portions to be approved by the City. In lieu thereof, the subdivider shall, at the option of the City pay to the City, for use in the acquisition, development or maintenance of public p?rks, playgrounds, trails, wetlands (optional) or open spaces and debt retirement in connection with the land previously acquired for such public purposes, an equivalent amount in cash based upon the fair market value of the land to be developed. The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council based upo»^ the need and conformance with the Comprehensive P3an. Dedi cated Land Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for the above public purposes. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree cover, access and location. C. Land Dedication Minimum Area. Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area as set oat beiow-r ,or other such amount as may be determined by the City Council, as set for th below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication cequicement of 8% of the land being platted, subidvided or existing lot of record. '2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted subdivided or existing lot of record. D. Cash Contribution in Lieu of Lands. In those instances where a cash contribution Ti to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributred shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds n a special fund named Park Dedication Funds. E. Fair Market Value of Lands. "Fair Market Value" for purposes ■oFTRTs'To^sT^a 11 be the land pre«development value to be determined by the City Council as of the time ot preliminary plat application in accordance with the following: (1) The City Assessor shall recommend to the City Coucil as to the fair market value of the land after consultation with the subdivider. (2) If agreement is not reached between the City Assessor and subdivider, then the fair market value shall be determined in accordance with the following: (a) Fair market value as determined by the City Council based upon a current appraisal submitted to the City by the subdivider, at his expense. The appraisal shall be made by appraisers who are approved members of SREA or MAI, or equivalent real estate societies. (b) If the City disputes such appraisal amounts, obtain an appraisal of the property by a qualified zf'al eastate appraiser which the City Council selects and which appraisal may be accepted by the City as being an accurate appraisal at fair market value. The cost of the appraisal shall oe paid by the subdivider. (c)-----Thf' subdivider may appeal any final determination - - 5T"fair ma"r¥^“^luc ^ provided ^ Minneso_^ Statute Section 462.361. (optional) (3) The determination of fair market value of the undeveloped land by the City Assessor, City Council, or designated appraisers, shall be determined as of the time of preliminary plat application subdi vision approval is granted as long as there is finar-^t appr oval wTthin th^ time limits as set forth in this chapter. The time of preliminary plat approval is utilized because the nature of the subdivision, its probable population, lot size and value, and other relevant factors are known. If an extension of the time limits in this chapter is approved by the City Council, the fair T.a;.ket value shall be determined as of the time of the approval of that extension. In determining the fair market value as of time of preliminary plat application, or the extension thereof, the factors to be included in the analysis shall include any and all factors which are generally accepted and used by approved members of SREA or MAI or equivalent real estate appraisal societies. (4) Notwithstanding the above, in no event shall the cash contribution per lot be less than $500.00 per let or $300.00 per dwelling unit. F. Development of Land Previously Platted. If the land has already been previously subdi v idea and a fee had not been previously paid, the requirements of this division shall apply at the time of the issuance of a building p^'rmit for the primary structure . Su bdiV ision. Any land which is further subdivided, divTH^eiT or repTatted subsequent to May 1, 1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes, and credit shall be given for any changes previously imposed upon that land if the subdivider can prove that fees were previously paid. In no event shall the City be liable for any payment which may be due because of a subsequent reduction in the application percentage of land or equivalent market value in cash to be dedicated. H. Administrative Procedures. The City Council shall establish such adminis tr ative procedures as they may deem necessary or appropriate to implement the provisions of this section of the code. Section 3. This ordinance shall have full force and effect upon its passage and publication. Passed by the Coucil of the City of Orono, Hennepin County, Minnesota, this _ _ _ _ day of_ _ ___ _ _ _ _ _ _ _» 1990. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk I 4490.4 TO: FROM: DATE: Mayor and City Council Mark E. Bcrnhardson, City Administrator April 4, 1990 SUBJECT; Stubbs Bay S^^wcr Projf?ct COOUfCJt MfEDlVG APR 91990 CHY OF OROHO Attachments: A. Stubbs Bay Sewer Project Memo Dated 3/14/90 B. Series of Maps Labeled A Through F ISSUE - 1. Consideration of: A. Inclusion of properties presently not included. B. Consideration for excluding selected properties which are currently being considered in the Stubbs Bay area. INTRODUCTION - At the Council's March 26, 1990 meeting Council requested staff to provide criteria and provide recommendation for inclusion of selected arras and exclusion of others in the Stubbs Bay project. The original study area boundary criteria was: A. As shown of map 12 of Coi.p Plan/Sewer Plan. (See Attached Map A.) B. Refined by staff in 1986 to coincide with existing roads and physical boundaries: C. Map A and staff revisions purposely avoided north of Luce Line, west of Tonkawa, and south of Bayside (eastend) since these properties were all subdivided after the 1975 rezoning at greater than 2 acre density, with proven septic sites available and were relatively far from the lake. D. Areas east of Leaf and north of Luce Line were also excluded due to distance from the lake. DISCUSSION - In response to the Council's request, the following recommendations are made: Required Inclusion: Staff feels the criteria for required inclusion in this project should be: A. Within the study area as originally defined or B. Abutting the study area but under 2 acres. n These pcopecties are defined on Map "C". Optional Inclusion; *r*' »'Additional properties which could be optionally included un^ all the following recommended criteria are shown on Map D; A. Abut either gravity force main or possible lateral. B. At request of majority of affected owners. C. Provision of sewer will not allow rezoning. Total Exclusions: - Properties proposed for inclusion on Map C but requesting to be totally excluded are recommended to be excluded only if all the following criteria are met; A. Lot area is ever 2 dry buildable acres. B. The property does not abut a gravity trunk or lateral (see Map E) C. Adequate primary and alternate septic sites have been proven to exist (formal site evaluation required at owners expense). D. Applicant agrees to formally preserve the alternate sites by deed restrictions and actual practice. Map F is areas which are at least 2 acres of dry buildable and not abutting a trunk. Partial Exclusions; Properties that meet all requirements for total exclusion except that they abut a gravity service into which they can directly connect, might be excluded from required timely connection by paying merely the $6,500 trunk charge over the terra of assessment, with a conneetion fee to be paid at the time of connection. This includes properties that meet all requirements for total exclusion but the lateral to serve them would be required to serve adjacent and nearby properties which do not meet exclusion criteria. In these areas of partial exclusion in which all septic systems in that lateral service area are functional, non-polluting systems, could be giv*- . the leeway to pay for trunk now and install the neighbor liuod lateral if any one of the systems fails and can't be repaired to meet the code requirements. This should be a last resort attempt if the project appears to be grinding to a halt. Eleven properties within the recommended "required inclusion" area might m€*?t th#? total exclusion ccitoria (Map F). Of these, 3 are v^^^nt lots. Of the 11, 8 could be served by gravity lateral ading to gravity mains that wouldy^eed to have a lift station constructed. All properties which pay a trunk charge would be included in a MUSA line Comprehensive Plan adjustment. Those total exclusions should they desire sewer in the future would need to be pact of a separate Comprehensive Plan amendment. The following residents have generally expressed that they wish to be excluded; Based on criteria the following would qualify for; Full Exclusion Partial Exclusion 175 Landmark - Barren - Letter No 185 Landmark - Lyle - Letter No 3620 Eileen Street - Whitman - Letter No 3620 Eileen Street - Use - Letter Yes 3965 Bayside - Blanch - Letter No 3640 Bayside - Olson - Letter No Yes No No Yes No Yes The following have generally expressed support for the project; 3845 Bayside - Thiesse - Letter 3750 Bayside - Burger - Verbal "3480" Bayside - Larson - Numerous phone calls The following is an indication of the possible sway in the number of units for the project, based on potential exclusions and optional inclusions. This would indicate that the number of units could range up or down as much as 10 to 15%. Required Original Additional Design Inclusion Potential Per 2 Acre Map C Exclusion Oxford & Christine If all Potential Potential Optional Participate Inclusions Plus Optional Inclusions Houses Vac Lots Total units ALTERNATIVES - 85 13 98 -6-8 * 77-79 13 -2-3 = 10-11 0 S- 11 =« 87-90 13.; A. Inclusions . 1. Adopt the Map C criteria for required inclusions. 2. Sel<?ct alt^?rnatc ccquiccd inclusion criteria. 3. Adopt proposed "optional inclusion" criteria per Map D. 4. Select alternate "optional inclusion" criteria. 5. Table. 6. Take no action. 7. Not include any additional properties. B. Exclusions 1. Adopt proposed criteria and allow total exclusion of those properties on Map F that meet the criteria. 2. Adopt alternate criteria. 3. Adopt some or all of "partial exclusion" criteria, items 1, 2 or 3. 4. Table. 5. uo not exclude any properties from the original. RECOMMENDATION - It is recommended that the criteria presented by sta^f for inclusions and exclusions be adopted and that the properties listed be given notice if they are to be included, a notice to the optional ones as to the availability if they desire to be included and a letter to the ones for exclusion. It is not anticipated that the exclusions would have a detrimental effect on the total project of approximately 90-100 propertier^. PROPOSED MOTION - Moved by , seconded by , that the Council direct staff to include the following properties in the project and further direct that notice be sent to the following locations to determine the desire for optional inclusion and further thot staff be directed to exclude the following properties and t t the following properties be informed that they will nc ? excluded from the project at this time. Ayes _, Nays _. Inclusions; Map C East of Leaf Optional Inclusions: Oxford Road Christine Exclusions Allowed if Criteria Met: Exclusions Not Allowed: (if criteria for exclusion not met) partial exclusion:- --- - cc; Michael Gaffron, Asst Planning & Zoning Administrator 31490.6 TO: FROM: DATE: Mayor and City Counci'* Mark E. Bernhardson, City Administrator March 14, 1990 SUBJECT: Stubbs Bay Sewer Project Attachment: A. Stubbs Bay Sewer Memo Dated 3/2/90 B. Review of Properties Dated 3/23/90 ISSUE - 1. Review cf 2 acre properties within the study area, parti '-nlarly thos'» requesting exemption. 2. Consideration of other issues as follows: A. Splitting zones further by laterals B. Properties east of Leaf Street C. Service/Exemptions to the Blanche property DISCUSSION - At the C '^ ->cil's March 3 2, 1990 meeting staff indicated that "-hey wou ^resent an analysis of the properties for which the ha aquested exemption. To understand le current study boundaries developed, the 2 acre properties .. h those in Landmark were included but others such as Oxford Road were excluded since the origin of the project. This project was originally proposed in 1973 and at that time Oxford and Christine were undeveloped parcels, and Landmark had not been subdivided, but c>.'.tainted structures with questionable septic systems. All areas of future development were excluded from the project consideration, with those that had either insifficient land or more than one dwelling on the land under common ownership, included. Projects subsequent to 1975 wer^ 2 acre subdivisions and given the City's Comprehensive Pi philosophy, are not required to be sewered, but those unu* 2 acres should be considered for sewer. CRITERIA - The following would be the recommended appropriate criteria for reviewing of these sites: A. Lot Size - Given that the Comprehensive Plan sets 2 acres as a . ‘nimum unsewered lot size, anything less is assumed to quire sewer. // !« B. Adequacy - Even with 2 full acres, that acerage may not have adequate septic sites available. C. Experience - If there has been a history of problems with the system, it woul.^ be appropriate that the property be sewered unless it could be proven that suitable alternate sites exist on the property. Proximity - Given the proximity to a sewer line anything abutting it in this area would be appropriate to served. The issue boils down to where the appropriate line is drawn. The result of the analysis contained as Attachment B indicates which properties could be excluded at the 2 acre level under specific conditions. All the others are recommended for inclusion as they are below 2 acres and in close proximity to the sewer. Issue #2 Related Issues A. East of Leaf Street - The properties had previously not been included in the study area analysis. However, as indicated in Attachment B most are substandard older systems, and have questionable replacement capabilities. The cost of construction to include them is substantially less than their prorata share of the project. B. Blanche Propelty - Mr. Blanche had indicated his concern as to service to his property. An alternative has been developed to avoid this screening removal that he was concerned with and as such could be appropriately included in the project. (Part of this issue was that the main stub that would go along Bayside would serve only him at a rather substantial cost. The City can either do that or a separate private service to the main on Westlake Street.) Policy Alternatives Issue #1 - j. Include all the properties in the original study area subdivision. 2. Exempt all the properties that have requested. 3. Exempt selected properties under specified conditions of proving capability to solve future problems on site. 4. Charge properties a trunk charge rather than a lateral charge with specifications aid conditions for when a lateral is to be constructed. TO: Mayor and City Council PROM: Michael P. Gaffron, Asst. Planning & Zoning Admin. DATE: March 23, 1990 SOBJECT: Stubbs Bay Sewers - Additional Analysis I have reviewed specific areas for inclusion or exclusion from the proposed sewer project. Those areas are as follows: 1. Properties east of Leaf Street and south of Luce Line 2. Oxford Road properties (includi.<g two lots south of Bayside Road) 3. Christine Drive 4. Eileen Street 5. Landmark Drive area Discussion - 1. Properties east of Leaf Street. There are ^i^e existing developed lot's in this area, three of which abut Leaf Street, the other tW being in a second tier 200’ eastward, served by Private easment driveways. These lots range in area ^ 1,50 acre. A brief anaylsis of each property is as follows. A. 340 Leaf Street - With a lot area of 0.60 acre, this propertv contains a 6 year old standard mound system which is performing adaquately, but it is questionable whether there is room on the property to replace this system. B. 360 Leaf Street - with a lot area of 0.71 acre c>f dry land, this lot cc ^ains a substantial pond which eliminates the possibility of a system, which likely would be required due to the wet soils in the area. The existing substandard system was installed in 1958, and is currently working adequately. C. 370 Leaf Street - This property is the second tier, and is 1.5 acres in area. The system was constructe in 1 9 5 4 and contains one tank with ® drainfield. The existing system exhibited sligh surfacing in 1986 but has apparently cleared up in the dry years since. There is likely a leasr one additional site on the property were a mound system could be developed if the existing system fails. RECOMMENDATION 1. I would certainly not recoimnend against including the Oxford Road lakeshore properties if the property owners wanted the sewer, although there is no compelling need for sewer. Since a number of those house are lower than the road, it might be most advantageous for their hook-ups if the pipe was between the houses and the shoreline. 2. The four houses that abut Bayside Road again have alternate sites ava'*lable and have no compelling need for sewer, but could easily be served by a line along the south side of Bayside Poad. Alternately, service stubs could be jacked under Bayside to serve them from a line north of the road. 3. In the two scenarios above the residents at 500 Oxford Poad would not be served but this property appears to have alternate sites available. 3. Christine Drive. - These four lots have recently developed, all being 2 or more acres in area and all using mound sytems. Each lot has at least one alternate site available. There is no compelling need to sewer these properties. If a sewer line is inst^alled along the south side of the Luce Line, stubs would have to be brought to the north side to serve these homes. PECOMMENDATION - There is no need to provide sewer to these prop^ties at this time nor in the foreseeable future, 4. Properties requesting exeaption from sewer project inclusion^ A. 3620/3630 Eileen Street The Whitman property at 3620 Eileen Street has been calculated to contain 1.80 acres of land. The existing system includes 2 tanks, a pump tank and 1,000 sq. ft. of trench drainfield installed in 1975. The system has never shown any visible signs of failure. Even thouoh this lot appears to have some extremely steep slopes on three slides, there is ample room for drainfield trenches to be extended or replaced if the soils informatio' trenches would be feasible. However, if the existing trench system fails, I would not urprised to find soil conditions dictating that a mound is rsary due to seasonal saturation zones (which are possible f on this hill). The only apparent area with slope suitable . v^r a mound is at the northwest corner of the lot, and this area could contain only one mound system at best. The isles property at 3630 Eileen Street has been calculated to contain 2.05 acres in area. The system consists of two 1,000 gallon tanks and 1,200 sq. ft. of trench drainfield installed in D. 389 Leaf Street - This 1 acre lot is also in the second tier east of Leaf Street and contains an existing trench drainfield system built probably in 1940 There have been no apparent problems with the system. The Lester loam soils mapped suggest the possibility of a trench replacement system, however, slopes of 6 to 12% on the lot would make a mound system questionable if soil conditions ultimately dictate a mound would be needed. E. 400 Leaf Street - This property is 0.83 acres, and the existing trench drainfield system, installed apparently in the 1960 ’s, has exhibited no problems to date. The wet soils mapped on this lot would require a mound system, and one or two replacement sites might be feasible in the northwest quadrant of the property. Recommendation 1. If the City extends a pipe around the Bayside/Leaf Street corner to serve the Thomas Meyer residence (a 1.77 acre, good replacement capability" lot at 345 Leaf Street), then the properties at 340, 360 and 400 should also be served. 2. This would provide the possibility to serve 370 and 398 Leaf by installing an additional 200 foot pipe eastward on an easement between 360 and 400 Leaf. 3. Doing item 1 would possibly provide capability to extend north of the Luce Line to pick up 2 additional houses west of Lea.. Street, 1 on Ridgewood Circle, and perhaps 4 on Cygnet, all by gravity flow. While I would not recommend expanding the sewer project to incude properties north of the Luce Line at this time, there would be a capability for future connection. 2. Oxford Road Properties. This area contains 10 developed 2 acre building sites, of which 6 are lakeshore lots. 4 of the 10 lots abut Bayside Road, and might conceivably abut the sewer if it was constructed on the south side of Bayside Road. All of the systems in question have been constructed since 1978 and generally meet current code requirements. One has exhibited pa.'.t problems, that being the trench drainfield system at 495 Oxford Road. There was no discharge during the last inspection xn 1988, but this relatively large system apparently subject to occasional excess water use. In each case alternate drainfield sites were designated at the time of subdivision and for the most part appear to still be available if needed. It is possible however, that landscaping and site grading on some lots may have resulted in encrocchments or damage to some sites. This has not been evaluated. JL978. The sytem w<as insoected regularly since installation and shows no history of past problems. This property again has ample room for replacement trench drainfields if soil conditions will allow trenches. However, if soils dictate that a mound would be needed, the only flat area available is directly behind the house, and it is unknown whether the soils in this area were disturbed during construction of the home. RECOMMENDATION: Both residences have functional trench drainfield systems and lots of room to replace same, if soil testing finds suitable conditions for trenches. If failure occurs and a mound is needed, both properties have at least one potential mound site. If the Council wishes to consider exclusion of properties that exceed 2 acres in area and which have future drainfield sites avail- le, then it would be appropriate to require soil testing to verify chat alternate sites exist, coupled with requiring some sort of written agreement to protect those sites. This might be a possible method for exclusion of the Isles's property which exceeds 2 acres in area. 5. Barren Property at 175 Landwark Drive. Mr. Barren has requested exemption of his 2 acre lot. This property has a conforming mound system v'hich was installe 1988. The property has a tested and an approved alternate n.ound site available. RECOMMENDATION:- - - - - -There is no compelling reason to provide sewer to this property other than the fact that it is within the study The concern is that it abuts a 1.5 acre property, 185 Landmark Drive, just to the west, which has a 20 year old trench drainfield septic system with limited area for replacement due to being surrounded by wetland on 2 sides. If this property s served with sewer, it would be hard to justify not serving the Barren property, since both could likely be served by the same pipe. Due to its limited acreage and proximity to the wetland, it would be hard to justify excluding 185 Landmark Drive unless testing and documentation is provided to show that adequate alternate sites are available for all future needs. .qrJMMARY OF RECOMMENDATIONS: - -- l] f? the City extends a pipe up Leaf Street, properties east of Leaf Street should be served. 2. Properties south of Bayside Road on Oxford Road do not exhibit a compelling need to be provided ^ sewer, but might be included at the option of the neighborhood. all 5 3. Christine Drive. These properties have adequate existing systems and alternate sites and there is no compelling need to provide these properties with sewer. 4. Properties at 3620 Eileen, 3630 Eileen, 175 Landmark Drive. City has received requests for exemption from the project from these 3 properties. 3630 Eileen and 175 Landmark Drive, both exceed 2 acres in area. Both would be served by laterals rather then abutting the trunk line. 1*^5 Landmark Drive has a tested alternate site. The Council could reasonably consider exclusion of that property from project if it does not effect exclusion of neighboring properties. The property at 3630 Eileen could be considered for exclusion if soil testing was provided that proves there is an alternate site available, and documentation to show that site will be protected. 3620 Eileen is less than 2 acres in area. On that basis alone I would recommed against exclusion, although Council might wish to consider exclusion under the same condition of alternate site proof as for 3630 Eileen. 4590.9 TO; Mark Bernhardson, City Administrator FROM; Dorothy Hallin, City Clerk DATE; April 5, 1990 9)990 OHOHO SUBJECT: Secretary Position - Resignation and Employment Attachment; A. Secretary Position - Resignation and Employment SUE - Accept Theresa Stahl's resignation and authorize employment of person to fill secretary position. DISCUSSION - As noted in Attachment A person had been selected to fill the secretary position left vacant by Theresa Stahl's resignation. On Monday, March 26th this person called stating she would have to withdraw from the position because she and her family were going to be moving to New Prague. Their home in Independence was being included in a large development and an offer they had made on property in New Prague had been accepted. Teri Naab and I again reviewed the applications and interviewed five persons during the week of April 2nd. At the present time a final selection decision has not been made and I would like to request that Council accept Theresa Stahl's resignation and authorize hiring a person to fill the secretary position. This employment will be presented at the April 23, 1990 meeting for Council's final approval. TO: Mayor and City Council FROM; Mark E. Bernhardson, City Administrate Forwarded recomemnding approval. PROPOSED MOTION - Moved by _, seconded by _, to accept the resignation of Theresa Stahl and authoris hiring a pers^on to fill the secretary position and this employment will be presented at the April 23, 1990 meeting for final approval. Ayes _, Nays _. /31990 TO;Mark Bernhardson , City Administratoii^ FROM:Dorothy Hallin,City Clerk DATE:March 19, 1990 SUBJECT: Secretary Position - Resignation and Employm#»nt Attachment: A. Theresa Stahl's Resignation ISSUE - Accept Theresa Stahl's resignation and approve employment o^ Ann Smothers as secretary. DISCUSSION - At the Council's March 12, 1990 meeting confirmation of employment was given to employ Theresa Stahl at $9,795 pet hour as secretary. Ms. Stahl started he employment on 3/13 and terminated her employment after working 2 days. See Attachment A. After reviewing all the original applications for the secretary position Teri Naab and myself interviewed 3 applicants on Thursday. March 15th. From these applicants Ann Smothers was asked to return on Monday, March 19, 1990 for an interview with you. RECOMMENDAT_I ON - It is recommended that Theresa Stahl's Fe^ignarfbn be accepted and Ann Smothers be employed as Secretary at $9,795 per hour effective April 2, 1990. As stated in the City's Administrative and Personnel Policies a written performance review will be submitted to the City Administrator after each three months of the probationary period. TO: Mayor and City Council FROM; Mark E. Bernhardson, City Administrator Forwarded recommending approval. PROPOSED MOTION - Moved by __, seconded by __, to accept the resignation of Theresa Stahl and to employ Ann Smothers as Secretary at $9,795 per hour effective April 2, 1990. Additionally written performance reviews will be submitted to the City Administrator after each three months of the probationary pet-od. Ayes __, Nays __. VILUGE OF ORONO, MIKNESOTA STATElEUT OF RESIGNATION i- a» NAIffi'OF m PLOYEE Theresa Stahl POSITION TITLE Secretary Department Administration Salary Rate $9,795 Full Time yvyx Part Time Staterient of Resignation: I request that this resignation be accepted by the Village Co^cil to become effective on _ _ _ _March U, 1990_ _ _ _ _ _ _, w.ucn is the last day of actual serviced I am requ^iting compensation for personal service to the Village in the above indicated position for accrued annual leave clue for ^0— days. The reason for this resignation is as follows: r- 0 \ Date:2o/^ ' i (Employee's Signature) • Recommendation of Department Head: I would C ) would not (/) re-hire this employee. This position may not be refilled until V_ _ _ _ _ _ _ tno— Certification of Accrued Leave: Payment for^^^"*^>*C-dmys accrued leave upon employee's termination on __________________is hereby authorized. Data:evillage AdminIStratorJ 4590.10 t t.::’ TO: Mark E. Bernhacdson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: April 5, 1990 SUBJECT: Temporary Classification Change - Part Time Clerical COUNCIL MEETING APR 91990 CITY OF ISSUE - Need for full time staff strength until secreatry position is filled, DISCUSSION - On March 14, 1990 Theresa Stahl resigned from the secretary position and as of this date the staff is short one full time person. Our current part time person, Jamie Bosma, has stated she would be willing to step into the secretary position on a temporary basis if she is compensated according to that position's classification. RECOMMENDATION - It is my recommendation that Jamie Bosma's ^UssHicatiorTLevel II ($8,721 per hour) be changed to full time Level IV, Step 1 ($9,795 per hour). This change would be in effect until the position has been filled and the secretary has completed one week of on duty training. At that time Jajiie s classification would revert to part time Level II ($8,721 per hour.) TO: Mayor and City Council FRCM: Mark E. Bernhardson, City Administrate Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by —, Council approves the temporary classification change for Jamie Bosma from Level II per hour.) Ayes __, Nsiys __. Interoffice Memo Date: March 2D, 1990 To; Chief Kiibo From: Officer Larry Tomcheck Re: Longevity Step Raise .990 ^^(^onoHo On Ap-ril 7, 1990, 1 will be eligible for the next step of longevity pay. I would appreciate your notifying the proper person for this to be enacted. Thank you. Date: April 3, 1990 To: Mark Bernhardson, City Administrat|l^'®^^ From: Mel Kiibo, Chief of Rolice Re: Step increase - Officer Larry Tomcheck Officer Larry Tomcheck will observe his fourth year anniversary April 7, 1990 and is eligible for a longevity raise of 3% to his base rate. 1 request his pay be raised from $16.24 hourly, 1969 rate, to $16,727 hourly, 1989 rate labor contract. 4590.4 / U' TO; Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: April 5, 1990 SUBJECT: Crime Prevention Association m APR 9 mo CITY OF (Uiniin Attachment: A. Orono Crime Prevention Memo Dated 4/4/90 "E - determine if Council will authorize a change in name. 2. If Council will authorize the appointment of an organizing committee. 3. Determine if Council will authorize the organizing committee to: A. Incorporation and publishing B. Nomination of first Board of Directors for Council approval. INTRODUCTION - As noted in Attachment A the Crime Prevention Fund has been "limping" along and has solicited money and worked with the Board of Directors but has never been formally incorporated. Renewed inter 'iPt in the Association has assisted in moving this issue forward and ii is now at a point that it would require Council approval to enact the changes needed to fully incorpor* s a Board. ALTL -NATIVES - 1, Adopt the recommeii'-iations as presented. 2, Table for further discussion. 3, Choose not to approve one or all of the three. RjfCOMMENDATION - It is recommended that the Council adopt the recomraerciations outlined in Attachment ^ regarding: A. Name change to "North 'J'onv.a Crime Prevention Coali tioii ”* B. Appointment of a an organizing committee C. Authorization for the c*r izing committee to complete the incorporation c.» lominate a Boar* of Directors for Council approval. DATE: April 4, 1990 TO: The Honorable Mayor and City Council Members FROM: Mark Bernhardson, Orono City Administrator RE: Orono Crime Prevention Associatioi /■ In 1983 the City Council adopted a resolution authorizing the form­ ation of a crime prevention association in the City. The purpose of the organization was to raise funds and undertake activities for the prevention of crime and the apprehension of criminal offenders. While the Police Department has undertaken certain activities in this regard, the organization itself has stalled. The process for incor­ poration has never been completed. A numoer of citizens remain inter­ ested in the organization, however, and they along with some new volun­ teers hope to move forward. A group of them has recently formed with purpose of finishing the incorporation process, recruiting the first Board of Directors, and organizing a plan of action. The members of this group are: Desyl Peterson, Charlotte Hill, Thelma Wright, Sharon Gehrman, Bill Stubbs, Diane Weist, Gretchen Menzel, Janice Berg, John O'Sullivan, Dean Molin and Lillian Stubbs. Thev are recommending to the Council that the name o^ the organization be changed from Orono Crime Prevention and Criminal Apprehension Fund to the "North Tonka Crime Prevention Coalition". This reflects the fact that citizens in all four cities patrolled by the Orono Police Department are participating in the organization. Further, they are requesting that: the Council give them the authority tc complete the incorporation and nominate the first Board of Directors for Council approval. These citizens are committed to organizing the association and provid­ ing it with a solid basis for effective action in the future. They have alreadv provided invaluable documents and organizing records. Recommendation: That the Council adopt a motion to: 1. Approve the change of the proposed name from Orono Crime Prevention and Criminal Apprehension Fund to North Tonka Crime Prevention Coalition. 2. Authorize the formation of the North Tonka Crime Prevention Coalition Organizing Committee consisting of the following people: Desyl Peterson-Chair, Charlotte Hill, Dean Molin, Gretchen Menzel, Diane Weist, Janice Berg, Chief Kilbo as advisor. 3. Authorize the Organizing Committee to complete the incor­ poration of the Coalition and nominate the first Board of Directors for approval by the Council. PROPOSED MOTION - Moved by _, seconded by _, that the Counci.. authorizes the following: a. ) name change from the Orono Crime Prevention Fund tD the North Tonka Crime Prevention Coalition, b. ) appoints the following personnel to organizing an incorporating committee and c. ) authorizes that committee to complete incorporation and make a nomination of Board of Directors to be approved by the Council. Ayes _, Nays _. TO; PROM: DATE: Mayor and City Council Mark Bernhardson, City Administrator June 5, 1985 SOBJECT: Crime Prevention Fund In 1983 the City Council passed a resolution authorizing the establishment of a non-profit crime prevention fund for which articles of incorporation as a non-profit had been drafted. The remaining action that needed to implement the program was solication of names and appointments of individuals as the original members, a minimum of five persons, to commence the organization. Establishment of the organization as outlined is typical of such crime prevention fui.ds in the Metropolitan Twin City area. Staff is bringing back the formation of the crime prevention fund to get Council direction on the following: A. Establishment - Whether they want to continue and have such an organization established. B.Initial Directors - If so give staff names of possible candidates for initial established member­ ship hat staff would then contact to see if there is ar .nterest by June 24th. C.Appointment - Given the interests staff would bring back recc 'nendation on July 8th for appointment of those individuals followed by review of the articles of incorporation by the City Attorney with an estimaced date initial organization meeting by August 15th. D.Scope of^ ® final c^nsideration for the Council for the 2 4th in relationship to appointment of initial individuals is whether this would be an Orono based organization or based on the area that the Orono Police. Department serves. It is staffs recommendation that such a crime prevention fund and organization would provide the City with a focus for its crime prevention efforts and provide an avenue for interested individuals to assist in this area. I Possible directions for this group would include distance in the area to establish: Executive oecurity Neighbors Home Watcn Operation Identification Monies - Undercover usage Crime Prevention communications to th'.? communities Child I.D. programs It is the staffs recommendation that we go forth with the crime prevention program and recommend that it done for the entire Orono service area. It is additionally recommended to the extent that there is an interest that a least on. Counci 1 member from Orono be appointed to the board. 4690.3 7, /iJ TO: Mark E. Bernhardson, City Administratcr FKOM: Thomas Kuehn, Finance Director-fZ^^^. DATE: April 6, 1990 COONCIt MEETING APR 91990 CITY OF ORONO SUBJECT: Resolution Required By PERA Regarding Part Time Police Officer Karnitz Attachmeni: A. Proposed Resolution The Minnesota Public Employees Retirement Association (PERA) stipulates that part-time police officers earning over $425 a month must be members of the Coordinated Plan, unless a resolution is adopted by the governing body making them eligible for coverage in the Police and Fire Fund. The City of Orono has adopted a resolution in the prescribed format for prior part-time police officers, A resolution is attached to enable Officer Karnitz to be eligible fo. Police and Fire Fund PERA coverage. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administra Forwarded recommending adoption. PROPOSED MOTION - Moved by_, seconded by ^_, to adopt Resolution #__ declaring that the part-time position held by Richard Karnitz is that of a police officer. Ayes __, Nays __. {M»5TaW A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY RICHARD KARNITZ IS THAT OF A POLICE OFFICER WHEREAS, the Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective April 6, 1990, the position Rick> D. Karnitz holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 9, 1990. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk 4590.6 TO: FRO”: DATE: Mayor and City Council Mark E. Bornhardson, City Adrainistrato^^^ April 5, 1990 SUBJECT: Annexation Date Attachment: A. City Attorney Letter Dated 3/28/90 «w»at«nii(8 APR 91990 f^lTY OF OROHO ISSUE - Updating Council regarding the proposed hearing date for annexation. INTRODUCTION - At the Council’s March 26, 1990 meeting they adoptf'd the resolution found in Attachment A. Additionally they had r^'Quested a desire to delay the actual annexation hearing to allow for members who desire to be present to be there together with appropriate preparation time. The Board communicated that they would like to just convene the hearing on April 25th for just a short period of time but it would not be the commencement of arguement or significant presentation. No further action is required at this point, staff will keep you abreast as this develops. 4590.7 3^ TO: Mayor and City Council FROM: Mark E. Bernhardson, City Adrainistrato DATE: April 5, 1990 SUBJECT: 1990 Board of Review - April 17, 1990 COUNCIL MEETING APR 91990 CITY OF ORONO Just a reminder of the Board of Review as follows: COUHCIL CHAMBERS TUESDAY, APRIL 17,1990 7:00 P.M. The Assessor has received a similar number of calls as last year (300). He and his staff has reviewed about 250 properties. It is expected, based on past attendance, that 40-50 persons will attend the Board of Review, a similar number to last year. If so, it is expected a reconvening will be necessary. If so, the Council meeting of 4/23 may be too soon. The following regular me«»ting would be 5/14 which is beyond the 21 day reconvening limit. Possible alternatives for a short reconvene may be Monday, May 7. We can discuss at the Board of Review. No action required. 4590.5 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat DATE: April 5, 1990 SUBJECT: Siren Bid Process MEETIIts 9(990 c/ry OF ORONo Attachment :A. Bid Process - Weather Siren M- io Dated 4/4/90 B. Siren Bid Process Dated 11/20/89 C. Bid Process - Weather Siren Memo Dated 11/8/89 D. Emergency Preparedness Siren Dated 5/31/89 ISSUE - Determine if the Council desires to authorize the acquistion of siren for a site on which a conditional use permit was granted in January near West Arm Koad and North Arm Lane. INTRODUCTION - As you may recall the City initially took quotes and then bids for a siren in this location. Originally the budget had $12,500 contained in it, but this was not sufficient either for the lowesc quote which was at $16,825 or the subsequent bid which was at $18,600. Subsequent to that an additional $7,500 had been placed in the 1990 budget for sire acquisition and subsequently the siren has been rebid with the new bid being $15,840. ALTERNATIVES - 1. Authorize the acquisition. 2. Reject the bid. RECOMMENDATION - It is recommended that the bid be awarded to Electric Service Company in the amount of $15,840. PROPOSED MOTION - Moved by , seconded by _, that Council authorize the award of a sirenTld to Electric Service Company in the cimount of $15,840. Ayes _, Nays _. DATE: April 4, 1990 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police RE: Bid Process - Weather Siren •/rTTACbtHJevn- A On 3-23-90 at 10:00 a.m., one bid for a weather siren was opened. The City received the only bid from Electric Service Company of Minneapolis, Inc., 1609 Chicago Avenue South, Minneapolis, Minn. 55404, for a weather siren for $15,840.00. My budgeted amount for a weather siren in 1989 was $12,500.00 plus I budgeted another $7,600.00 for weather siren in 1990, giving me a total in budget at this time of $20,100.00. 1 therefore ask the Council to accept he bid from Electric Service Inc. for a weather siren in the sum of $15,840.00, to be installed as soon as possible at the intersection of North Arm Drive and the LakeviFV Golf Course. FRQFOSAL 70 THE CITY OF ORONG TO FURNISH ONE CIVIL DEFENSE SIREN, CONTROLS, AND COMPLETE INSTALLATION City o+ Orono Orona Police Department P. 0. Bo:< 66 Crystal Bay, MN 55323 Gentlemen: We, the undersigned, being familiar with your local ccnditions, having made the inspections and investigations oeemed necsssarv, having studied tne specifications ana beino familiar with all factors affecting the work ana cost thereof, herebv prcpose to furnish ail labor and materials and all else necessary to completely construct the project in accordance with the specifications on file at the City Hall as fallows: Installation of one <l> Civil Defense Siren complete with controls, in accordance with the sped ications, Manufacturer _>mERAL_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ for the LUMP SUM OF: FIFTEEN^raOUJAND JIGH^T HUN^^ __DOLLARS (f 5 ,_840^00______) AND ob7Too Accompanying this bid is a (bidder s_tSJpnd) , (certified check), (cash deposit) in the amount of: FIVE PERCENT DOLLARS 5Z _ _ _CENTS (X_ _ _> which is a least five (5) percent of the amount of my/our bid made payable to the City of Orono and the same is subject to forfeiture in the event of default on the part of the undersigned or failure of the part of the undersigned to execute the prescribed contract within thirty (3V) days after submittal to me/us. In submitting this bid, it is understood that bids may not be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. In submitting this bid, it is understood that the Council reserves the right to reject any and all bios; to waive irregalorities and informalities therein, and to award the contract in the best interests of the City- Paae - Delivery date will be on APRIL 15TH. 1990_____________________ Parts and service available at Ji-ECTRJC_SE^VTC^i:2t£AN]:_________ Name and Address or Bi dder: JXECTOJC_^ERVICE_ C0^J)F_M;NNEA^^^^ INC. 1609 CHICAGO AVE. SO., MPLS., MN 55404 Phone Mo. 612-332-1465 Signature of Person Authorized to Sign Bid TITLE president Pace - 4 Intero++ice Memo e Date; November 6, 1989 To: Mark Bernhardson, City Administrator From; Mel Kilbo, Chief of Police Re; Bid Process - Weather Siren On October 30, 1989 at 10am, a bid for weather siren •* i opened. The Citv received only one bid from Ridgedale Electric, 524 B-imhall, Lcnq Lake, MN 55356, for a weather siren for •41S ,q00. I received a call at 2om on 10/30/89 trom another potential bidder, Electric Service Incorporated, Mr. Jim Peterson, who stated his company just had found their bid on his desk. He expressed inte»^est in bidding on the siren project. My budgeted amount for a weather siren was f12,500, which is 4=6^100 below the bid price given by Ridgedale Electric. I therefore ask the Council to reject the bid received on basis of only one bid received, also that amount budgeted in 1988 and 1939 is not adequate to cover the cost of the siren. I intend to rebid in first part of 1990 as I have additional funds budgeted in 1990 to cover cost of sirens. Informal quotes received in June, 1989, revealed a cost of J:16,825 for the same installation. Additionally, Electric Service Incorp. indicated they, if given the chance to bid again, would be able to lower their bid. TO; Mayor and City Council . FROM; Mark Bernhardson, City Administrate Forwarded, recommending approval. PROPOSED MOTION - Moved by _ _, seconded by- -, that the Orono Council reject all bids far the installation ot the Emeroency Preparedness Siren. Ayes- -. Nays- -. DATE: May 31, 1989 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Emergency Preparedness S-ren /frmcLtffn.eiuT' ^ I have budgeted $12,500 over two years in improvement and capital outlay 4530. I hope \.o install a weather siren in the Forest Arms area this year as a part of an overall siren plan outlined in my emergence' plan, I have received two quotes for this siren from: M^ Central Inc. 5871 Queen Avenue N.E. Elk River, Minn. 55330 Electric Service Co, 1609 Chicago Avenue Minneapolis, Minn. 55404 Whelen W.S. 3000 125 DB rating battery operated electronic sir­ en with public address capabil­ ity - with Healv Ruff Radio con­ trol installed on a 50 ft. class II treated pole - electrical hook up and radio control installed 8-10 wks delivery. $15,883 Option #1 - 50 ft. steel pole installed 3x10 concrete slab, additional $4200.00 Federal EOWS 612 125 DB elec­ tronic sirem complete with 50 ft wooden pole and Healy Ruff control decoder $15,840 Option #1 - furnish and install 50 ft. steel pole in lieu of 50 ft. wood pole, add $985.00 As is apparent, I have not budaeted enouah, I still would request the council consider whether thev wish to go ahead with the proaram and auth­ orize purchase of the siren this year or budaet additional monies to in­ stall the siren in 1990. If the siren is to be installed in 1989, I would recommend we purchase the federal siren from Electronic Service for $15,840 and further add the steel pole for an additional cost of $985.00 because of less maintenance. 4590.3 ■ ““"outttn*. /. TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrator April 5, 1990 APR 9)990 CHY of orono SUBJECT: Administrator's Information BEDERWOOD/LITTLE LEAGUE - The question was raised subsequent to the meeting that it would be helpful to have a sur:.mary for the file of precicely what the Council approved for a Little League contract that is Attachment A. DARE GRADUATION - The D.A.R.E. Program which started on January 23, 1990 at the Orono Intermediate School culminated in a graduation ceremony. There were 175 students present along with 50-75 parents at the ceremony in the afternoon of March 23, 1990. It was very obvious that a rapport had developed between the students and Officer Cornick as the students involved gave skits and made commitment speeches in front of the assembly. Attachment B is a copy of the program. Middle School Principal Ron Gilbert, Orono CounciImember J. Diann Goetten, Police Chief Mel Kilbo, Lt's Cheswick and Moran were present at the ceremony. Two donations have been received to date. Plans and budgeting for continuing the DARE program are being made. LT. COMPLETES PROBATION - Lt. Moran has successfully completed his probation as noted in Attachment C. LOGO CONTEST - As of the "deadline" of April 6th the City has received 6 entries. It may be appropriate to extend the deadline another month to solicite additional entries. HIGHWAY 12 CORRIDC MEETING - At the March 28, 1990 meeting the consultant and staff members from MnDOT reviewed the process and related questions together with handinq out the general des riptions for each Task Force. MEMO FROM DEPUTY CLERK - See Attachment ft. FEBRUARY RECEIPTS AND DISBURSMENTS - See attachment. WIRE TRANSFERS - See attachment. To: Prom: Date: Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director April 6, 1990 4690.IHD Subject: Little League Improvements - Bederwood Ball Diamond On Monday, March 26, 1990, the Orono Council approved improvements to the ball diamond at Bederwood Park. The Orono Baseball Association (03A) will allowed to: 1. Fence the entire ball diamond. 2. Construct dugouts. 3. Construct concession stand/press box (one level). 4. Provide portable bleachers. 5. Install scoreboard (not electric). 6. Remove ag-lime infield - place grass infield (City will assist with equipment for this phase only). 7. Have exclusive use of ball diamond only from one hour before game time to dark Monday through Thursday, June 3 - June 30, 1990 (additional use to July 15, 1990 tournaments or play offs only). 8. Three year commitment with an annual review. The above approval is contingent upon: 1. OBA to provide funding for all improvements except City participation for Item 6 above. 2. OBA to provide affidavit of insurance. 3. OBA to provide plans of all structures to City Inspection Department for review and approval. 4. Structure to be temporary as possible and within building codes. 5. No artificial lighting. 6. No loud speakers. 7. No advertising on any structures. 8. OBA to post schedule of use at ball diamond. City staff will review and prepare information on the need to expand parking lot and parking safety concerns on Stubb's Bay Road. i ■ * *r" -V "•^r' ,^- -*-^ * • - -4V*^— / ' / ‘-^ • -»_ -.%. '• -w- 7 . V -a . •f <'-.>f« -r4 ■j»'-f_^' 'V fy^--rV ’ ?■ •' ^ if mm -"J i-iiJ' .-"I ^•^?gS3ejjgv r • '^4. J- *^ • : , -i^i: I HST5.. ^v;r''‘v-^fr::-: f*" r* t»r%t* 1* t»*-M '^♦•*>i*» '‘i'' -V "j. 'V 4 ..;: -. ^*iCK ..'^ I ’ S •■ -.v~| . ■ 2 £o. .. r^.,. S ■ ■^‘^ • *4** • '*• • ■^~ t ?' ^T. 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'fn /: •_ ~: . - f-^TTz- ---^,% -''t-T, *- j AH.t.^-i.3i l_ .'. 1^ ^;;r’'-"-'n^.»'------ *< O* *.' « - - .......... _,_ Date: To: From: Re: Interoffice Memo April 5. 1990 Mark Bernhardson, City Administrator Mel Kilbo, Chief of Police Probation Period Assessment Lt. Mark Moran has completed his probationary period, which included a psychological examination. His progress was very satisfactory during that period and coaching, as well as formal courses will be continued to assist in the transition. TO: FROM: Mark Moran Mark E. Bernhardson, City Administrate Accepted completion of probation congratulations and look forward to continued good work by you as a supervisor. cc; City Council Police Chief Jk. Proa: Date: Mayor Grabek & Orono Council Members City Administrator Bernhardson Theresa L. Naab, Deputy Clerk (MCMC) April 5, 1990 I want to thank you for allowing me the opportunity to attend the Clerk's Institute, Years I, II and III and the recent clerk's conference. The Institute has provided me with a much' broader knowledge of what a clerk is and does. Many of the classes I attended have and will continue to help in my position at Orono. At the recent clerk's conference, I received my certification and am now classified as a Minnesota Certified Municipal Clerk. To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardson, City Administrator On behalf of the staff, we would like to congratulate Teri on her achievement in obtaining the Clerk's Certification. I would also like to thank Dorothy Hai.lin for her efforts to encourage Teri to obtain this distinction. As Teri's abilities in the organization are enhanced, her position will be reviewed as to the compensatory level. The D.A.R.E. Program which started on January 23, 1990 at the Orono Intermediate School culminated in a graduation ceremony. There were 175 students present along with 50-75 parents at the ceremony in the afternoon of March 23, 1990. It was very obvious that a rapport had developed between the students and Officer Cornick as the students involved gave skits and made commitment speeches in front of the assembly. Middle School Principal Ron Gilbert, Orono Councilperson Dian Goetten, Police Chief Mel Kilbo, Lt’s Cheswick and Moran were present at the ceremony. Two donations have been received to date. 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I •O I n I o« M i ro " IA I a U Mo « IM u • u M ^ • U M 41 C fi Ob M M 8o o • B • M C U rX « • • O ti ♦< "”S£ «J u Isl 9 Xi i3 I u S V C •-< •H 9 C <M<H a o » h a B O •H a 4^ a a • t-4 O ki a »4 &: o 4< a ^ u ■-• o « a »4— • a a a a 4i g!l s aifi li • -Hn -i O'H *t 0o u 6 Ua S 4. <o o £5 81 B aa a 82 »4 a Ui"•it M -HIP5 5a -18 A 4> > -« o aa 4< w I S2 §sue 59 U xX B 0 %s 5a 2 1 M • • 1 £ 25 6 4< xX x< a 5*» m * s a 95>i> a 5 £ ss II AIA Or^AAAC^ AIM ocnAMoV oir^ M CM M CM I Sg§g§|°S 1 2 ^Af^AAO ^ I O ^ A A A A A CM O M A CM M A M A M M M M cnoCMOAOA I A A fn O A A A I O CM M A CM CM A I A A A CM A M AM * a E I ! 5 8 2 I -*5 I : 8 8 B 5 I a O' «M o a • 6 a , ^ _ c *j a jb I a-HCf'^E^.v I HKlMUatxHO > B O 3^ LIST OF LICENSES FOR COUNCIL APPROVAL FOR HEFTING OF April 9, 1990 Spetic System Instillers - Jerry Johnson Exc 2445 Morningside Road Don's Badkhoe and Exc 11585 noth St. Patnod Bros Sewer & Water 16551 Lake Ridge Dr Sullivan's Services, Inc. 3660 Highway 101 South Elmer J. Peterson Route 2, Box 226 9 mo i ^ 4.*W« lITYof ORONO Crystal Bay, Minnesota 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION building 4 ZONING - 473-7357 assessing Ali questions must be answered, of insurance, and evi License fee, bond, certificate . fust All aoDlications are subject to a ten (10) day approval pe-iod. ' Business or trade name ■—--------------- 2. Business address ^ CTY JLY 3. 4. Business phone _ Residence phone Name of applicant or c<mp^nv ^^psentative holding MPCA certification /{. ------------------------------ Tyne of certification held: taller Site evaluator _ _ _System designer Pumper 7. 8. 10. Site evaluator _ _ _bysrem iFThis a Provisional Certificate? Certir icate No If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immediately prior to the current construction season. Have you ever held a Septic System Ins^ler license in Orono before? ✓^Most recent year _ Have you ever had a license revoked? When? - - - - - Do you do Municipal Sewer hook-upa? Yes_i^ No__- -^'jfr£ . Do you pump out septic tanks? Yes_____ No_fc;;;^^ IjUSQO^OO^ ^ ^ ’ SUBMITTALS REQUIPJiD: "WcSlPT^rHUIK S25.00 licetse application fee. %M/k $2000.00 license and oermit bond naming City of Orono as Obligee The State Plumbers Bond will be accepted $10-50-100,000 minimum Certificate of Insurance. a-/-9C> CoDv of current MPCA Certificate or evidence of attendance at“ On-Site Sewage Treatment Workshop held immediately prior to current construction season, LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to a. ;ly for permits under your license - - - - - - - - --- - - The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump nut septic tanks, subject to trie laws of the State or Minnesota and the Ordinances of the Ci>v of Oiono. Date ^/jl/ Applixa^nts Signature^ ^ 1 0^ 2 0^ 3 4 Staff /ecormendation Denial Reason for denial: City Council Action Date license mailed Date Date Approved Denied JITYofORONO Post Utfice uo* oo Crystal Bay. Minnesota 55323 SEPTIC SYS LICENSE AP U ITY SE NLY BUILDING 4 ZONLNG - 473-7357 AiSESSING All questions must be answered. License fee, bond, certJjtoat^- I of insurance, and evidence of MPCA Certification or HomeW^ag« »J|09O Treatment Workshop attendance must accompany this application^ ^ All applications are subject to a ten (10) day approval period. Business or trade name P/O-l AJ 0 tO - S^ cS^ Business address / G 5 5~ / Business phone 47Q -^19 ^ Residence phone . Name of applicant or company re^esentative holding MPCA certification ^73c^._ _ _ _ _ _ _ _ _ _ _ _ _ Tyoe of certification held: Installer Site evaluator _ _ _System designer Pumper 7. 8. 10. Site evaluator _ _ _System designer «C"? iFThis a Provisional Certificate? Certificate No.D.^^ If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immediateii' prior to the current construction season. Have you ever held a Septic System Installer license nr niiSiO Most recent year __ ^Orono before?r Have you ever had a license revoked? yt/c) When? Where? _ _ _ Do you do Municipal Sewer hook-ups? Yes_ Do you pump out septic tanks? Yes_ _ _ No REinpr-mK^YOu JLU213a cm tOl 713 04/02. SUBMITTiVLS REQUIRED: (M= OkC=. $25.00 license aoplication fee. $2000.00 license'and permit bond naming City of Orono obligee. The State p'lumbers Bond will not be accepted.7“V'/c $10-50-100,000 minimum Certificate of Insurance. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season./2.-S/—“Z—- LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other t.han applicant who are authorized by y^ to ^ ------- apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Date 3/z^ / ^0 Applicants Signature _ _ _ _ qt-aff /l «cmirlndation^^^^p^rov^^ Denial _ Date Reason for dfa.ixal; - - - - - - - - - - - - - --- - - - - City Council Action Date ___________ Approved _ Date license mailed __ _ _ _ _ _ _ _ Denied CITt of ORONO :ty iE NLY Crystal Bay. Minnesota 55323 BUILDLNG A ZONING - 473-7357 ASSESSLNG SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Wo-.wShop attendence must accompany this application. All applications are subject to a ten (10) day approval period. 1. 2. 3. Business or trade name - - - - - - - - - - - - - - - - - - f Business address //^ Business phone Residence phone Name of applicant^r company representative holding MPCA certification <T 1^1 A /s__ _.. 6. 7. 8. Type of certification held: A Installer _ _ Pumper If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immed-ateiv prior to the current construction season. Have you ever held a Septic System Installer license in Orono before? n./s _^ost recent year —.1— Have you ever had a license revoked? Where? _ inicipal Sewer hook-ups? Yes_ Yes When?tin OF Dfi Do you No X 10. Do you pumj. out septic tanks?y MmsSo miwi-Tl6:c • 03/05/9 SUBMITTALS REQUIRED: 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City or ^ , - ^ obligee. The State Plumbers Bond will not be accepted. v-30 // $10-50-100,000 minimum Certificate of Insurance. Copy of current MPCA Certificate or evidence of attendence at" On-Site Sewage Treatment Workshop held immediately prior to current construction season. Qtf /2.-31-93 LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who ar^ authori^d by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for.license to install and repair septic systems, and/or pump out septic tanks, subj^t to the laws of the State of Minnesota and the Ordinaj>qes )of the Cityror Orono. Date Applicants Signature Staff recoraiMndation(^'^^pro^J/yivS^^ Denial Reason for denial: ^_ _ _ _ _ _ _ _ _ _ _— City Coxincil Action Date _ _ _ - Approved Date license mailed __ _ _ _ _ _ _ _ Denied CITY of ORONO Crystal Bay, Minnesota 55323 BUILDING 4 ZONING - 473-7357 assessing SEPTIC \lii^^''ftlSTALLESS LICENSE APPLICATION _ _ __ _ _ _ _rjffjff All onestions musti b6 answered. License fee» bond^ ce i^tirT Airr;olica?ioL are sub jeer to a ten (10) day approval period. 1. 2. 3. 4. Business or trade name Business address /a / i9/t dn^/ Business phone Resiaence phone Name of applicant or company representative holding MPCA certification ftx_vAO _ _ _ _ _ _ _ _ _ ___ _ “ 7. 8. 10. Tvoe of certification held: Installer ------ Pumper Sitp» evaluator System designer -r- » Mn rFThis a Provisional-^rtificate? Certificate No .77^ , aTYORDhGHQ If no Certificate is held, provide evidence one of the On-Site Sewage Treatment Worksliops he-d prior to the C’urrent construction season. Have you ever held a Septic System Installer licens^;)^?^^ r/sjj .®i 7i^i orono before? ^ Most recent year [04y02y^ Have you ever had a license revoked? Where?_ _ __ Do you do Municipal Sewer hook-ups? Do you pump out septic tanks? Yes_ /Jc) When? No SUBMITTALS REQUIRED: 2; f2oiS!oJ1i="sf^nfp:^t‘b:-Ad naming CiPy of Orono a|^ pj-ior to current construction season. /Z'^1-73 licenses will NOT BE PROCESSED DNTIL ALL ITEMS ARE SDBMITTED. List oersons other than applicant who are au,thorized b^ you W apply for permits under your license^i^-wO;^^^;/-:-^ .Va The undersigned hereby makes application to the City SronS? wl^nl^ota, for^icense to f «sv.?tems and/or pump out septic tanks, subject of the State of Minnesota and the Ordinances of the City of Orono. A OU ^ Applicants Signature / ol^ Tualtl staff recommendation ^^^pprovaJ^^^jj^^ Reason for deniax: —-- - - City Council Action Date - Date license mailed -- - - - Approved Date Denied _ __ aiTof ORONO 7Y Cnrs<^ Minnesota 55323 BUILDLNG i ZONING - 473-7357 assessing SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION Treatment Workshop attandancs must accompany this application. All applications are subject to^ ten (j-O approval period. Business or trade name I / - - - - - - -1. 2. 3. Business address /7/T S- /^ ^ ^--------------------------- Business phone ^/S ^____ Residence phone ^ Name of applican^or jcomw^represencta^ve holding MPp^^g,^ certification / ^ —±sr fii-i Type of certifica^on held: J£_^nstaller Pumper Site evaluator _ _System designer Is this a Provisional Certificate?Certificate No.^Vv^ 7. 3. §. If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops he^d imme> lateli* prior to the current construction season. Have you ever held a Sepric System Insta^er license in Orono before? Most recent year y/'r_/ CITY OF DFifiQ OfTICEHave you ever had a license revokedWhen? - -^ Where? --------- ----- Do you do Municipal Sewer hook-ups? Yes > /x'V.- c:m ’■ ii Ts.'oo 10. Do you pomp out septic tanks? Yes No SUBMITTALS REQUIRED; & ClL. 3 CJL^ 4 nt, 1. $25.00 license application fee. fcl. 2. $2000.00 license and permit bond naming City or Orono — obligee. The State Plumbers Bond will not be accepted.^ $10-50-100,000 minimum Certificate of Insurance . Copy of current MPCA Certificate or evidence of atrendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are apply for permits under your license ,v/. . authorized by (TDv to ^ - Date The undersigned hereby makes application to the C^ty of ^ Orono, Minnesota, for.license to install and repair septic systems, and/or pump out septic tan.vs, s ihject to the laws of the State of Minnesota and the Ordin. « of the City /^/;^<^Applicant3 Signature^ Reason for denial: City Coiincil Action Date license mailed Date Date Approved Denied COUNCIL MEETING^ ^APR 91990 CITY OF ORONO ■ 04/30/90 PR CM PRREGOR Ou/Oc.1 NAME :L CALLAHAN. EDWARD J GOETTEN. J DIANN GRABEK. JAMES NETTLES. ALAN R PETERSON. BARBARA A YTD CURRENT OPT GROSS GROSS 11 966.68 241.67 11 966.68 241.67 11 '200.00 300.00 11 966.68 241.67 11 966 68 241.67 1.266.68 .’*-‘•3 O^^0 -^0 .*' » . - M >■ 04/01/ CB PRR EQOR NAME ANDERSON. BRUCE L BERNHARDSON. MARK E BOBZIEN. SUE A BOSMA. JAMIE L BRINKHAUS JOHN F CHESWICK. GARY B CHRISTIANSON. SALLY CORNICK. JAMES L ENGLISH III, IRVING ERICKSON. KURT R FISCHENICH. DAN T FRITZLER. JOHN M GAFFRON, MICHAEL P GERHARDSON. JOHN R GREGORY. JAMES D HALLIN. DOROTHY M HANSEN, STEVEN C HANSINQ. CAROL J JOHNSON. BRADLEY P KILBO, MELVIN H KNUTSON. CHARLOTTE / KUEHN. THOMAS M LARSON. JEFFREY L MABUSTH. JEANNE A MORAN. MARK F MOROWCZYNSKI. JAMES NAAB, THERESA L NELSON, DAVID D OBRIEN. RANDY L OMAN. LYLE E PALKKI, DEREK THOMAS OUAST. WAYNE A RATHBUN. BARRY J SASS. JOHN J SKREEN, DALE S STEFFENHAQEN. RONALD THOMTON. MARK R TOMCHECK. LAWRENCE TOMCZYK. MARK W VANG. BRUCE L WALSH. KEVIN L WALTERS, LINDA Q o?S2) oo YTD CURRENT DPT GROSS GROSS 31 11774.88 ^489.12 -IP2385.801215809.21 31 6685.78 921.84 12 4226.58 693.31 42 10436.07 1391.12 31 10523.73 1468.00 31 1593.96 212.48 31 10888.60 1551.43 31 12734.28 1530.52 31 10237.17 1364.16 31 9497.15 1299.20 31 10886.82 1396.18 33 9345.32 1338.72 42 12291.89 1760.80 42 9006.04 1222.39 12 8049.69 1153.12 42 7442 69 1003.20 31 3686.73 499.55 31 10714.65 1668.54 31 13713.04 1964.40 i 15 6435.15 921.84 15 13059 83 1870.89 31 3064.46 475.11 33 11703.12 1676.47 31 9561.55 1337.28 31 12742.09 1867.19 12 6495.66 921.85 35 91.80 20.40 92 6873.16 748.03 33 8561.00 1228.88 ; 31 445.68 55.71 92 9843 86 1400.40 92 7389.06 1110.36 42 7322.28 1003.20 42 7378.76 1003.20 \ 93 8060.32 1154.64 31 9752.66 1354.89 ■ 31 10600.66 1494.08 31 10325.00 1645.52 33 6890.74 431.97 35 1583.44 252.39 15 5913.83 797.28 49,065.22 Ulo<CO CO -1 <3Z i zzzzzzzzzzzzzzz <rsz<X <rjz<X 33 ZZ ill ss<<< zzzzzii lllllll -I o r>o oo o m <rsin ^^^^^(«)(<^ororo«;oa>cnCT I I I I I I I I I I I I I I I O0)C7)CnCJ!—<inU3^l/10>OC71CJ>0 CMroin(oai'4*^(sr>^aa'vai«ioo ooooo-^*^'^-^-^cM(Njknir>ui I I I I I I I I I I I I I I r'4tN<rv<rM(NirMfM<M(M(MrMfMCNI(NHM i I I I I I I I I I I I I I I <rjro<>r (M CM oo CM CM —4 CM c^ro'^jnh- -i-noo—4 -4 -4 ^ 0-4 4^ ^ ^ CO cn • a ■ 0 ■ 0 a O)o>oo o>O)o C]» lllllll c7t o m <n cn innCOoocnCMcnCl ^ m CO cj»-4-4 0 1 o oo o CM O O 00000-4-4 <D (O O CM CO CO CO CO CM CM CM CJ CM CM CM Ul uo O CM m in in in v» 4» 4T 4» 4» 4T 4* CO n in CM m CO n cn —4 -H —4 ^ -4 1 1 ncM Of 4»or 4f 4» ar ^ 4» or •H •H -4 CM •M —4 —4 —4 —4 —4 —4 —4 —4 —4 O O Ot«.C O o o OOOOOOO zo t- CL >-t ocu(/) UJO X UJ OK< U oe oe oe ac ac oe K K K oe oe oc oeoooocjooooooouaeacoooooooooooaouo UJUiUiUJUJUJUJlUUJUJUJUJLuOOXXXXXXXXZXZZXXZ UUUCJUUUUUUUOUUO U.U.U.U.U.U.U.U.U.U.U.U.U.U.U. u.zoo o oc l/> mm UiUJ U.U. 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COUNCIL MEETING APR 9 1990 CITY OF ORONO A RBSOLUTION VACATING PORTIONS OF QT7DICATED DRAINAGE BASEMENTS AND DRAINAGE AND UTILITY BASEMENTS WITHIN THE PLAT OP RINGBRSWOOD SECTION 34, TOWNSHIP 118, RANGE 23 IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE #1428 WHEREAS, the City of Orono is i municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on June 23, 1989, Clifford Otten of Otten Brothers Nursery filed a petition with the City of Orono requesting the vacation of portions of drainage easements and drainage and utility easements originally dedicated within the plat of Ringerswood, said portions to be vacated being legally described as follows: The utility and drainage easement and the drainage easement as shown on Outlot A, Ringerswood according to the recorded plat thereof, Hennepin County, Minnesota and all the utility and drainage easement as shown on Lots 1 and 2, Block 3, Ringerswood, Hennepin County, Minnesota. WHEREAS, after due published and po ted notice, a public hearing was held before the Planning Commission on August 21, 1989 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission voted to recommend approval of the requested vacation and the Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest in consideration of the following findings: 1. The proposed vacation is part of a comprehensive replatting of Outlot A, Lots 1 and 2, Block 3, Ringerswood. The subdivision of a replat of the three properties will provide drainage and utility easements as directed and required by the subdivision regulations of the City of Orono. Page 1 of 2 2. The portion of the drainage easement as it exists in the replat of Outlot A serves no public purpose. The replatting of Outlot Ar Ringerswood will provide drainage easements over drainageways and detention ponds as required by the subdivision regulations of the City of Orono. HOW, THBRBPORB BB IT KBSOLVBD, that the petition of Cliff Otten of Otten Brothers Nursery is hereby granted by the Council of the City of Orono and that the drainage easements and drainage and utility easements legally described above are hereby vacated. Adopted by the City Council of the City of Orono at a regular meeting held on this 9th day of April, 1990. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Page 2 of 2 m A COUNCIL MEETING APR 91930 CITY OF ORONO v' . MINUTES OF THE MAKCH 19, 1990 PLANNING COMMISSION MEETING ATTENDANCE 7:02 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley and Planning Commissioner Brown, Hanson and Johnson. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Nettles was present, as were Councilmembers Paterson and Callahan. #1503 WOODHILL COUNTY CLUB 200 WOODHILL ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:25 P.M. The Affidavit or Publication and Certificate of Mailing were duly noted. Mr. Thomas Bergquist of Sathre & Bergquist, was present on behalf of Woodhill Country Club. Zoning Administrator Mabusth provided information regarding the proposal by Woodhill Country Club for a subdivision to create one 2+ acre lot. Mabusth noted that due to the creation of this additional lot, the City is asking that the driveway now serving the existing two residential properties be upgraded to a private road with a 24’ paved width. Mabusth said that the City is also requiring a 50' road outlot with a cul-de-sac be included. Ms. Josephine Carpenter, 480 Russell Avenue, was concerned about the location of the proposed cul-de-sac. Mr. Thomas McNellis, 355 Woodhill Road, said. The Pillsbury house was built in 1920. A road gravel road was put in and over the years it was oiled. The road does not hold up as well as a paved surface would." MS. Carpenter informed the Planning Commission that she has been using the existing drive since the property was built by the Crosby's. She said, "We have had access over the driveway, though there is nothing legally documenting that. We have given the Pillsburys the use of our road even though they do not have deeded access. If it is slippery in the winter time, which it was not this year, we allow the Pillsburys (now Pruddens) the use of our road. They cannot get up their road in the winter time. Mabusth asked if there has been a need to do this since Pruddens bought the property? MS. Carpenter replied, "No, they just moved in l^i years ago and we haven't had a bad winter since that time. Mabusth recoll'ected that as part of the first subdivision of that parcel of land, the use of that driveway was to cease. - 1 - MINUTES OF MARCH 19, 1990 PTANNING COMMISSION MEETING ZONIG FILE #1503-WOODHILL COUNTRY CLUB CONTINUED Ms. Carpenter indicated that they put a fence up because they were tired of having traffic use their driveway to get to Woodhill from Orono Orchard and Fox Street. She said that she was not aware of the City's requirement to that eliminate that access. Mabusth asked Ms. Carpenter if the formal access to her property was achieved from Dickenson Street. Ms. Carpenter indicated that is correct. Mr. McNellis asked where the Country Club is proposing to place the access to the new lot. Mabusth answered that information pertaining to the location of the new driveway has not been submitted. Mabusth indicated that more than likely the nouse would be constructed to take advantage of the views from the nigher elevations. If that is the case. Mabusth said the driveway would probably be located where the City Engineer is showing the cul-de-sac. Ms. Carpenter expressed concern regarding the location of the cul-de-sac. Ms. Carpenter also noted that the property line for this parcel extends over to her side of the road. She said, "It will be interesting to see how this will be resolved. Needless to say, we would prefer not having somebody own the south side of the road because we have been maintaining it for years. Are there any plans to move the road further south?" Mabusth stated that the City is requiring- Woodhill to construct the road and expand it to a 24' width. Mabusth said that the City can request that the road be placed further north because of Ms. Carpenter's concerns. Mr. McNellis asked at what width the cul-de-sac would be constructed. Mabusth replied that the cul-de-sac would be platted at a 100' diameter and City standards require 80' -or the finished diameter. Mr. McNellis asked whether all trees within an 80' radius would need to be removed. Chairman Kelley replied that every attempt is made to h've as little impact on the trees as possible. Mr. McNexlis stated that any tree removal that occurs for the construction of the cul-de-sac will have an impact on the Carpenter property! - 2 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1503-WOODHILL COUNTRY CLUB CONTINUED Mabusth said that there is no doubt that the cul-de-sac will impact the Carpenter property. Mr. Bergquist stated that Woodhill objects to the City's request of turning the existing driveway into a road. The existing driveway easement is currently 33' wide with 16' to 20' of pavement. Woodhill feels this should be adequate to serve the existing and one additional property. Bergquist said, "The Country Club bought the Pillsbury property to keep the entrance way in its present form without having some other developer in there. They would prefer to keep this under control by keeping the property in their ownership. The one new lot that they are creating is off to the west of the entrance road quite a bit and should not distract from what the Country Club is trying to create on the entrance way. We feel that widening the road as proposed by the City would take out quite a few trees for the road itself. The turn-around would talce out a tremendous amount of trees and require substantial grading. The City Engineer, in his zeal to protect the City, wants a road created where Woodhill wants a country lane. Woodhill, at this time, has no further intentions to subdivide the remaining property." Mr. McNellis opined that the future owner of the new lot will want to preserve as many existing trees as possible. McNellis felt that in order to do this, the property owner would opt to park on the street rather than construct a driveway. McNellis was concerned that due to the street width, any on­ street parking will create a road block. Mr. Bergquist did not expect on-street parking to occur on a frequent basis. There were no further comments from the public regarding this matter and the public hearing was closed. Kelley explained that two of the Planning Commissioners present this evening were members of the Woodhill Covmtry Club and would therefore abstain from any discussion or voting on this matter. It was moved by Kelley, seconded by Johnson, to bypass any further discussion of this matter by the Planning Commission and have the matter go directly to the City Council. Johnson asked whether it was appropriate to request a site plan or. building footprint with a Class III subdivision. Hanson felt it is important to acknowledge Woodhill Country Club's concerns about the "country lane atmosphere" and the possibility of future variance requests for this property. Hanson stated that he would object to any variance -requests. Motion, Ayes-3, Hanson, Nay, Motion passed. - 3 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING #1505 STEVE WIRTJES 3085 WATERTOWN ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 P.M. TO 7:34 P.M. The Affidavit of Publication and Cei duly noted. of Mailing were Mr. Wirtjes was present for this public hearing. Mabusth briefly explained subdivision proposal. Mr. Wirtjes's preliminary Mr. Bruce Hall, adjacent property owner, indicated that he had been told that the driveway for this property would be located on the west side of Lot 1. He said, "It was a surprise to learn that the driveway is now proposed for the east side of the property. I am opposed to the subdivision anyway. I like the view from by back yard now. My first concern was that of the drainage way, but now I am also opposed to the driveway." Mr. Wirtjes declined the opportunity to comment. There were no further comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Hanson questioned whether the drainage information staff requested had been provided. Mabusth replied, "No." It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Johnson, to table this application until the necessary drainage information is provided. Motion, Ayes- 4, Nays-0, Motion passed. #1506 CAROL SENN 3220 WATERTOWN ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 8:00 P.M. TO 8:07 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Senn was present for this public hearing. Mabusth briefly explained Ms. Senn's proposal for a preliminary subdivision. Kelley asked whether the City has any specifications for the wood plank bridge being proposea.-' Mabusth replied that direction would come from the City Engineer. - 4 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1506-SENN CONTINUED Hanson suggested that there may be opposition to the bridge t he fire insurance provider for this property. Mr. Don David, advised Hanson that the majority of the bridge will be constructed with steel and only the deck will be wood. Johnson questioned the need to involve District in this application due to the bridge. the Watershed Mabusth said that the City Engineer will make that determination. She noted that unless a road requiring culverts is proposed to cross the creek, there is usually no need for a Watershed District review. Kelley asked for clarification regarding the legal combination of Outlot A and Lot 2. Mabusth explained that Outlot A was created for the sole purpose of access and should be legally combined with Lot 2. would then be required of the owner of Lot 2 to receive City approval to divide the combined lots at any future date. Kelley noted that this proposal meets all of the Code Sections and is fairly straight forward. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Hanson, to recommend approval of the preliminary subdivision for Carol Senn, 3220 Watertown Road, subject to the conditions set forth in staff's memo dated 3/12/90. Kelley asked how the City will be assured that Lot 1 will be served by the future west corridor, rather than continuing to use Outlot A. Mabusth said that the Resolution will state that condition and that the future property owner will be alerted to that fact. Mabusth said there is nothing else that v^ill force the owner of Lot 1 to use that other access. Kelley asked then why only temporary access via Outlot A was being granted at this time rather than permanent access? Mabusth asked the applicant if she had a preference. Ms. Senn replied that it made no difference to her. Mabusth suggested that though there is nothing that would automatically trigger the property owner to use the access once the road is constructed, the City can require that the access be used. Motion, Ayes-4, Nays-0, Motion passed. OTHER: Mr. Gabriel Jabbour asked for address the Planning Commission. - 5 - ..^portunity to briefly MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING GABRIEL JABBOUR CONTINUED Chairman Kelley allowed Mr. Jabbour the opportunity to speak, but asked him to hold his comments within a 5-minute time period. Mr. Jabbour said, "As you probably know, I appeared two weeks ago before the City Council expressing concern and critcism about the Planning Commission. I am c'-ncerned about the way in which Orono has been treating the lakesnore and Lake Minnetonka. In 1975 Orono adopted our present Ordinance and it was an exceptionally good first attempt to address all of the unique concerns Orono has to address. Orono always set the pace for other municipalities to follow. Lately, I find there is a sense of confusion regarding what our Ordinance intended to do and the way in which it is being interpreted. I am concerned about the way in which non-conforming structures within 0-75’ of the lake are being addressed. We dealt with those in the past with a non-conforming use ordinance. I have been advised by City Staff that you can no longer deal with non-conforming structures in that way because they are not a use, they are a structure. In 1975 our Code said specificalli that any structure which did not have an appraised market value over $3,500 would be torn down. The City did not take it upon themselves to go door-to-door to assure that those structures •/ere torn down, but felt that as time went by they would address this issue. I had one of those structures on my property and I took out a permit from City Hall and tore it dovm. Lately we have a lot of residents coming to the City to ask for additions to their primary s-.ructures within 75' of the lake. The City has allowed the trading of hardcover to allow these additions to be constructed. The hardcover addition may be a wash out compared to the removals, but the intent of the ordinance was that the non-conforming structures would be eliminated. I feel it is the duty of the Planning Commission to amend the ordinance if a loop-hole is found to exist. 1 wish that the Planning Commission would change its position f.om being reaccive to proactive. Orono was always ten steps anead. I feel the Planning Commission is sending a message you want to build within C-75' of the lake, go -w an p . rock garden with plastic underlining. Then corn® .k to the City and trade your plastic underlining for a r iving room. I would like to see that message changed." #1493 CHOCK DOWNEY 2665 CASCO POINT ROAD C^TINUATION OF PUBLIC HEARING 7:40 P.M. TO 7:45 P.M. public Mr. Downey was present for the continuation of this Public hearing. Zoning Administrator Mabusth reviewed the information regarding this application. .Mabusth presented new information - 6 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1493-DOWNLx CONTINUED regarding the amount of hardcover Mr. Downey will remove from his property to maintain 45? hardcover in the 75-250' setback area. Mr. Downey indicaced that he had measured his garden before coming to this meeting and founa it to be 157 feet. Kelley clarified that I'r. Downey is proposing to remove 142 s.f. of uardcover from what is shown as Area A on Exhibit L of otal^'s memo. Brown noted that Mr. Downey would also remove hardcover from the driveway. Mabusth stated that is what Mr. Downey is ‘oposing. There were no comments from the public regarding this matter and the public hearing was closed. Hanson said, "The hardcover issue then has been resolved by the applicant agreeing that hardcover will remain at 45%. We should consider the information prese.-ted this evening as an amendment to what we received earlier." Kelley noted that staff estimated tha'. 54% hardcover existed in the 75-250' setback area. Kelley asked Mr. Downey if he agreed with that estimate. Mr. Downe* more me-«suring indicated that he did not have time to do any that he would accept staff's estimate. moveu by Planning Commissioner Hanson, to recommend approv the revised proposal for the Dov»ney residence at 2665 Casco L . , Koad, subject to final staff measurements determining that 45% hardcover exists within the 75-250' setback area. Motion, Ayes-3, Jonnson, Nay. Motion passed. Johnson felt that the use of the property wao being intensified and that non-structural hardcover is being traded lor structural hardcover. 11494 FRANCIS LIGHTLY 3585 FREDERICK STREET VARIANCES REFERRED BACK TO PLANNING COMMISSICm Mr. and Mrs. Lightly were p^sent for this mauter. Mabusth presented the re .sd plan submitted by the Lightly's. Mabusth asked Mr .htly to explain why he was no longer planning to remove ha: .^ver from the west side of the driveway. Mr. Lightly said, "Originally we were removing 200-250 s.r. - 7 - MINUTES CF MAJiCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1494-LIGHTLY CONTINUED to reduce hardcover to 45%. With the reduction in the proposed structure and patio, it was down to 100 s.f. additional to get down to 45%. In weighit.g the pros and cons, we decided not to incur the cost of removing part of the driveway and replacing it with sod. We are still proposing a reduction in hardcover." Hanson asked whether any of the adjacent property owners have expressed opposition to this. Mabusth replied that there has been nothing further from the neighbors. Mabusth also noted that the insurance carrier for the Lightlys is not requiring that the pool be fenced. Kelley observed that the Planning Commission was being asked to consider several variances for this application. Mabusth explained that the new Accessory Structure Ordinance became effective today. In addition to the hardcover and average lakeshore setback variances, it will now be necessary to approve a lot coverage variance for the pool and patio. Kelley asked Mr variances. Lightly to explain the hardch. y for the Mr. Lightly said, "The hardship is primarily the shape of the lot, the narrowness and the small total area. Based on our original proposal, we had a structure that w^s roughly 13' beyond the average lakeshore setback. As a result of the last meeting, we chose to eliminate that as a consideration completely. It was our understanding from that meeting that the pool and patio area would not be looked on as a major encroachment of that setback line if there was no fence. In terms of the hardcover, I guess our main attempt has been to reduce the overall hardcover from the existing. In terms of the structural coverage, which we were not taking into account earlier, I did a comparison of our current structure and existing patio area and we have 16% of lot coverage. Our proposed revision, including the pool and patio area is at 17.2%." lu was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend denial of the three variances requested by the applicants. Kelley stated that he was concerned about crowding. The houses to either jide of Lightly*s are within the 10' setback and meet code, but this structure takes up a great deal of the property line on both sides. Kelley said he objected to the pool and patio encroaching into the average lakeshore setback. There is too much structure for this property and i-he Ordinances should be adhered to. Johnson objected to the proposed hardcover in the 75-250' setback zone and the trading of non-itructural for'structural hardcover. Motion, Ayes-2, Brown, Nay, Hanson abstained, motion passed. Hanson stated his reason - 8 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1494-LIGHTLY CONTINUED for abstaining to be that he did not feel qualified to offer a vote one way or the other. Mabusth asked Mr. Lightly if he would prefer to have this matter reviewed when there would be more Planning Commissioners present. Mr. Lightly asked if the application would be looked at more favorably if he proposed a reduction in the structural coverage to equal the current coverage or 15-1. The pool and patio would remain in the same position. Kelley stated that he would not change his view. Johnson also stated that his vote would remain the same. Brown said that his only concern is the violation of the new ordinance. Kelley noted that there was not a majority vote on this application. He asked Councilmember Callahan for his opinion as to whether the matter should proceed to Council or come back to wT.e Planning Commission. Callahan stated that a quorum was present and there were two votes in favor of the denial. He said that the application could be sent along to Council. Kelley asked Mr. Lightly what he would prefer. Mr. Lightly indicated that he would prefer to proceed to Council. #1495 ROD JOHNSON 3740 WEST WAYZATA BOULEVARD PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:10 P.M. to 8:12 P.M. Mr. Johnson was present for t'is matter. Mabusth noted that the issues involving access and right- of-way for this property have been resolved. Kelley noted that no variance approval is necessary with this application. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commission Hanson, seconded by Planning Commission Brown, to recommend approval of the preliminary subdivision for Rod Johnson, subject to the conditions set forth in staff's memo dated 3/14/90. Motion, Ayes- 4, Nays-0, Motion passed. - 9 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING #1497 GERALD TOBERMAN 1960 SHORELINE DRIVE RENEWAL OF CONDITIONAL USE PERMIT PUBLIC HEARING 8:13 P.M. TO 8:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Toberman was present for this matter. Mabusth explained that Mr. Toberman wished to renew the original conditional use permit that approved the sale of sail boats from the property. It is now Mr. Toberman's intention to sell motor boats, not just sail boats. Mabusth noted that ail other aspects of this renewal remain the same, with the exception of some zoning issues. Kelley suggested that this property should either be rezoned for commercial use or that the bi.ilding be removed. Kelley said, “This conditional use permit is just revolving. The site has not been used since 1987. I don't like to see these conditional use permits for non-conforming zoning areas continually coming back for renewal.” Hanson concurred with Kelley. Johnson indicated that he agreed with Kelley, but felt that Mr. Toberman had done everything that he was required to do to the property. Johnson believed that a conditional use permit should be granted. Mabusth referred to her memo of- March 15, 1990, which sets forth the ramifications of approving the conditional use permit. Mabusth said if che Planning Commission intends to recommend approval of the conditional use permit, there will need to be a further review by the City Attorney prior to the matter going to Council. Mr. Toberman said "The person from whom I purchased the marina had intended to operate a retail boat sales operation from the property across from the marina. I had entered into a leex^e with this person to do that. I remodeled th.- property and at the last minute, the lease agreement fell through. I was left with the property, but was not in the business of selling boats. The low lake level has affected boat sales in general and it has been difficult to find ^ person to lease the property. I have attempted to find er uses for the property that would satisfy the City and not ”sify the use of the property. I had found a purchaser for property several months ago and took the property off of ae market. We are now in litigation regarding that, but in the mean 'time, this property is sitting vacant and is not generating any income. We intend to open this up ourselves by going into a business that was approved for the - 10 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1497-TOBERMAN CONTINUED property.” Brown agreed with Johnson in that the Planning Commission had approved this use at one time, and that this use is an improvement over the previous use of the property. Brown asked Kelley hi.= reasons for wanting to have the property rezoned. Kelley replied that if the City is going to identify that property for commercial use, which it has all along, that it should be zoned for commercial use. It would eliminate the need for the conditional use permitting process. Kelley indicated that his idea of a conditional use is something that is temporary, but continual. Kelley said that the continuation of the conditional use has been interrupted for three years. Mr. Dan Crear, 1980 Spates Avenue, indicated that he would be opposed to giving that property a commercial zoning classification. Mr. Crear said, "I do think Mr. Toberman did a good job in bringing the property up to date. The property is run down again because it has been vacant for three years. I disagree with the reason the property has remained vacant. In my opinion, it is because the property has been unrealistically managed. I know of several people that have tried to rent the property for uses that were in line with the original conditional use. I am in the sail boat business and made a recommendation to two people to rent the property. However, they could not reach an agreement with the property owner." Mr. Crear read a letter that his wife had written expressing her concerns about the property. Ms. Crear was concerned about the condition of not only this property, but the residential property next door as well. Hanson indicated that he would be inclined to table this matter until the City Attorney's opinion is rendered. Hanson asked if tabling this matter would cause any hardship for Mr. Toberman. Mr. Toberman replied that tabling the application would not pose any problem. Hanson asked Mr. Toberman what he would plan to do with the property should the conditional use permit be denied. Mr. Toberman said, "In response to Mr. Crear's comments about potential tenants for the property, it is not ojr intention to get involved with the rental of tf property. We would prefer to sell it. I feel that with the marina and lake access across the street, that the property should be used in the manner for which original approval was given." - 11 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1497-TOBERMAN CONTINUED Johnson rioted that the conditional use permitting process provided ihe nost opportunity for the public to express concerns regarding the use of the property. He stated that there would be little or nc opportunity for public input if the property were rezoned. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Hanson, to table this application. There was no second to that motion. It was moved by Planning Commissioner Johnson, seconded by Planning Commissioner Brown, to recommend to the City Council that they direct the City Attorney to explore options for renewing the 'conditional use permit. Motion, Ayes-3, Kelley, Nay, motion passed. #1500 ERIK G. CELMS 4050 HIGHWOOD ROAD VARIANCE PUBLIC HEARING 8:37 P.M. TO 8:38 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Calms was present for th;.5 application. Zoning Administrator Mabusth provided information regarding this application for a lot area variance. Mabusth noted that the address of 4050 Highwood Road was incorrect and that it would be necessary to have Public Works Department assign a correct address. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Johnson, to recommend approval of the lot area variance for Erik Celms, subject to staff recommendations. Motion, Ayes-4, Nays-0, Motion passed. #1501 ROBERT J. RITCHIE 3572 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW . Mr. Ritchie and Dr. Roshar were present for the review of the commercial site plan for 3572 Shoreline Drive. Mabusth noted that the commercial site plan presented this evening was part , of ’ the conditional use permit granted in January. Mabusth advised the applicant that the parking area to the rear of the property should be expanded to be 40' from the - 12 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1501-RITCHIE CONTINUED west property line. Mabusth informed the Planning Commission that the applicant wishes to maintain the 10' of paved area in the front of the property. Mabusth said that the City Engineer had asked that the area be removed. The applicant believes that it will be difficult to maneuver a vehicle to turn around and avoid backing out onto Shoreline Drive. Brown asked why the City Engineer had recommended that the area be removed? Mabusth replied that the recommendation will create more conformance w^ h the other properties along Shoreline Drive. Mabusth indica.-ed that if the City Engineer was aware that the applicant preferred not to remove the blacktop, he may have given special consideration to allow it to remain. Mabusth said that the City Engineer's recommendation would have to be obtained. Kelley asked Mr. Ritchie the height of the spruce trees he will plant to the rear of the property. Mr. Ritchie stated that they will be 6' tall. Mabusth noted that the garage will remain on the property and will be utilized by Dr. Roshar for parking. Brown asked Mr. Ritchie to confirm that there will be no outdoor kennels. Brown referred to the condition in staff's memo requiring a conditional use permit should outdoor kennels be installed. Mr. Ritchie stated that he had no plans to install outdoor kennels. Mabusth explained that any future owners of the property would be aware of the fact' that a conditional use permit is necessary for outdoor kennels. Kelley suggested that the condition be revised to state that outdoor kennels are not allowed. Kelley also asked that a condition be added requiring that the applicants provide the landscaping proposed. Mr. Ritchie stated that he preferred to leave the blacktop area in front as is. He believed it would allow customers to more easily access Shoreline Drive. Kelley said that he would prefer to have that area removed if it will not present a problem. Dr. Roshar noted that the adjoining lot will be grass and a garden which will allow the area to look more aesthetically - 13 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1501-RITCHIE CONTINUED pleasing. Kelley stated that the City has tried to keep any paved area and structure further back from Shoreline Drive. He recalled that a previous application calling for structure to encroach more closely to Shoreline Drive had been denied. It was moved by Chairman Kelley, seconded by Planning Commissior.-*r Hanson, to recommend approval of the Commercial Site Plan. Approval should be subject to staff recommendations which should be modified to reflect that no outdoor kennels be permitted and that the applicant's landscape plan be adhered to. Further, the City Engineer should review the issue of whether the 10' of blacktop in front of the property should be reirjved. Motion, Ayes-4, Nays-0, motion passed. #1502 MICHAEL HILBELINK 2180 PROSPECT AVENUE VARIANCE PUBLIC HEARING 8:50 P.M. TO 9:12 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Hilbelink was present for this matter. Mabusth indicated that a letter had been received from Mr. Jentilucci, the neighbor to the north, expressing his concerns regarding this application. Mabusth briefly explained the history of this property and Mr. Hilbelink*s application. Kelley questioned the City's position regarding involvement in trying to solve any future drainage problems that may arise. Mabusth replied that a drainage improvement had been done by the City several years ago. However, the scorm sewp* exists on private property. The City Engineer must rr w the jrading and drainage plans for this property prior tc .e issuance of a building permit. Mabusth said if a determinetion is made that additional drainage easements are required, the City will ask Mr. Hilbelink for them. Mr. Jentilucci said, "I do not think drainage is the issue here. The proposed location for Mr. Hilbelink's residence is where the low spot on this property used to be. I would imagine that Mr. Hilbelink will want to bring in more fill which will make my property lower than his. That was not the case when I purchased my property 12 years ago. I recall the 1987 storm very clearly. I feel that the water would not nave been a problem had 2180 Prospect been left as it was prior to the fill being placed in the low spot on' the property." - 14 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1502-HILBELINK CONTINUED Kelley asked Mr. Jentilucci if his basement was flooded in that storm. Mr. Jentilucci replied, "Three more feet and our basement would have been under water." Mrs. Jentilucci indicated that the Johnson's (property across the street to the east) basement flooded. Mr. Jentilucci stated that the City's position is that the drainageway is private. He said that drain tile extending from French Creek has existed for many, many years. Mr. Jentilucci felt he was being placed at great risk. He said if Mr. Hilbelink were to place his house in another location, he would have no concerns. Mr. Hilbelink stated that tne 1987 storm was a unique occurrence and believed that the existing drainageway would sufficiently handle any rainfall. Mr. Hilbelink'» builder stated that he was locating the house to take advantage of the existing slopes. Kelley believed that controlling uhe run off that comes from the roof of the new structure may be crucial. Mr. Hi\belink's builder commented that run off from half of the roof would be directed toward the street. Run off would go down the street into the catch basin. He said in the back of the house, there will be green area which should allow for more absorption. Mr. Jentilucci stated that it does not matter which direction the run off goes, it will all end up in the ditch. He said that the proposed location for the home is the issue. Kelley advised Mr. Jentilucci that Orono's Ordinance states that run off cannot leave a property any faster after development than it did prior to development. Mabusth said that the City can only use tne drainage plan presented with the building permit to determine any potential drainage problems. Mabusth said that a review by the Watershed District would not be required. Mabusth also noted that there is no easement over the drainageway between the properties and that it exists on private property. Mabusth suggested that the City may have to approve a arainage plan that would direct drainage to the drainage easement areas and on to the catch basins. Kelley noted 'that the City cannot direct runoff to the drainage area to the rear of Mr. Hilbelink's property unless the - 15 - MINUTES OF MARCH 19, 1990 PTJiNNING COMMISSION MEETING ZONING FILE #1502-HILBELINK CONTINUED City were to take an easement over that area. Kelley said that in light of that, the applicant will have to propose a drainage plan that would direct ail run off to Briar Street. Brown stated that may not be necessary if the City Engineer determines that drainage will not leave Mr. Hilbelink's property at a faster rate once it is developed. Mr. Jentilucci said that the City's Ordinance posed a problem in that run off did not leave the property at all when the previous structure existed. Now there is no house on the property and run off is occurring more rapidly. Mr. Jentilucci suggested that repairing the drain tile near French Creek may alleviate this problem, but the City was not suggesting any such proposals. Mrs. Jentilucc* quoted City staff as saying sometime ago that this area is the low point for a 10 acre watershed area. Kelley asked why the City had not taken an easement over the property when the storm sewer was installed. Mabusth indicated that she did not have an answer to that question. Kelley asked Mr. Jentilucci if he would agree to give the City an easement over the storm sewer. Mr. Jentilucci stated that he would almost demand that. Kelley asked what procedure Mr. Jentilucci would have to follow in order to accomplish that. Mabusth suggested to Mr. Jentilucci that he should write a letter to the City. Mr. Hilbelink noted that the water from this property has always drained to the no:-cii. It will continue to do so whether there is a house on the property or not. There were no further comments from the public regarding this matter and the public hearing was closed. Brown questioned whether the Planning Commission had been presented with sufficient information to make a recommendation. He suggested that the City Engineer's recommendation should be considered since drainage is the key issue. Hanson concurred. * Johnson did not believe that drainage is the main issue. - 16 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING » ZONING FILE #1502-HILBELINK CONTINUED Johnson said that the drainageways functioned for Mr. Jentilucci's property even during the heavy rains in 1987. Johnson suggested that this application proceed to Council, pending the City Engineer's recommendation. Mabusth noted that the Planning Commission also needed to address the var ance for a privacy fence. The Planning Commission indicated that the applicant should be allowed a fence that does not exceed the 3.5' maximum fence height. It was moved by Planning Commissioner Johnson, seconded by Chairman Kelley, to recommend approval of the lot area and side street setback variances, subject to staff's recommendations. Motion, Ayes-2, Brown, Hanson, Nay. Motion failed. It was moved by Planning Commissioner Hanson, seconded by Planning Commission Brown, to table this application to allow further review of the drainage issues. Johnson indicated that the 1987 storm was being used as a point of reference and that was an unusual event. Hanson said that Mr. Jentilucci experienced no run off on his property until the time fill was placed on this property. Hanson stated that the information presented regarding drainage was inadequate. Kelley asked what information Brown and Hanson would like to have for review. Brown stated that he would like the City Engineer to deter-nine that placing a house on this property us proposed will not cause a change in the run off characteristics. Motion, Ayes-3, Johnson, Nay. Motion passed. #1504 ARNOLD CALVERT 2523 KELLY AVENUE VARIANCE PUBLIC HEARING 9:20 P.M. TO 9:?4 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Calvert were present for this public hearing. Mabusth explained the Calvert's application £or average lakeshore setback and hardcover variances to construct a new home. There were no couunents from ' public regarding this matter and the public her.ring was <-losec is. Brown asked Mr. Calvert what tr.w square footage of the house Mr. Calvert repi: ’ '’a*, it will be 5100 s.f. — 1 ? - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1504-CALVERT CONTINUED Johnson questioned why the house cannot be designed so that variances will not be requxred. Mr. Calvert said that the driveway to access '-.he house is very long and constitutes a large portion of hardcove.-- Kelley asked Mr. Calver*-. what his future lands;:aping plans are once the house is completed. Mr. Calvert indicated that he intended to sod right up to the house rather than put in plastic and/or rocK. Kelley believed that at some point, Mr. Calvert would put rock and plastic around the house. Kelley said if this property was inspected several years from now, the hardcover on the property would be different than what is proposed wxth this application. Mr. Calvert's builder asked if rock cover with no plastic underlining was considered hardcover. Hanson replied that it is not, unless it is a gravel driveway. Mabusth suggested that the Planning Commission put specific language in the resolution that would prohibit plastic underlining if that is their concern. Johnson said that though the shape of the lot is a hardship, it should be possible to design a home that would comply with the hardcover code. Johnson said that this is new construction, not an existing condition and the Ordinances should be upheld. Mr. Calvert's builder indicated that the Calverts have tried everything possible, short of reducing the size of the house, to keep hardcover at a minimum. Mr. Charles (Skip) Troyak, 2525 Kelly Avenue, supported Mr. Calvert's efforts to make the house fit on the property and work with the driveway situation. Hanson said that he too can see :u) reason for a variance '/tien dealing with new construction. Brown concurred. It was moved by Planning Commissioner Johnson, seconded by Planning Commissioner Hanson, to recommend denial of this application for hard’cover and average lakeshore setback variances. Motion,' A 4, Nays-0, Motion passed. - 18 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING #1507 DAVID FOX 1645 BOHN'S POINT ROAD VARIANCE PUBLIC HEARING 9:34 P.M. TO 9:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Margene Fox was present for this matter, as was Mr. Bruce Schmitt, the Foxes' architect. Mabusth provided the Planning Commission with an explanation of this application for an 11.6% height variance. Mr. Schmitt said that at the time he was involved with the Ulrich home construction, it was determined that the Un form Building Code definition of height would be used. Orono's Zoning Ordinance included the UBC definition, but does not address windows. Mr. Schmitt s-id that no other city incorporates the aspect of windows in its height variance ordinance. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Johnson, to recommend approval of ♦•he after- the-fact height varia.nce for David and Margene Fox, with the provision that the applicants apply for an amended building permit. Kelley asked what hardship exists. Hanson said that the Code addressing height requirements contains inadequate language and should be amended. Motion, Ayes-3, Kelley, Nay, Motion passed. Kelley indicated that there was not a sufficient hardship present to justify approval of the variance. APPROVAL OF PLANNING COMMISSION MINUTES OF FEBRUARY 20, 1990 It was moved by Planning Commissioner Johnson, seconded by Planning Commie ^sion Brown, to approve the February 20, 1990 Planning Commission Meeting Minutes. Motion, Ayes-4 Nays- 0, Motion passed- PLANNING COMMISSION REPRESENTATIVE Planning Commissioner Hanson agreed to be the Representative at the April 9, 1990 Council Meeting. ADJOURNMENT It was moved by Johnson, seconded by Brown, to adjourn the meeting. Motion, Ayes-4, Nays-0, Motion passed. The meeting adjourned at 9;45 p.m. - 19 - a. POPMAM a . HAIK "OOCP w. SCMNOORiCM KAurMAM "OBCPT A. MINISH "OLre A. WOPDCN «• MAPC WhITCHCAO ■»UCC O. WILLIS o. Poacpr JOHNSON OAPV P. MACOMBtP PoacPT s. auPK HUOM V. PLUNKCTT, III ^"CDCPicK c. aPowN Thomas K 8CPO JAMCS B. OPUCK JCrrpcy a. halpcpn ■ Poet O. MALKCPSON JAMCS P. STCILCN JAMCS S. I.OCKHAPT allcn w. hindcpakcp CLirroPo M. OPCCNC o. w.lliam K aufman PAUL H. TICTZ michacl o. kpccman HOWAPO SAM MVCPS, III U'ppy D. CSPCL JANIC S. MAyCRON THOMAS J. BAPPCTT JAMCS A. PAVNC POPHAM, HAIK, SCHNOBRICH & KAUFMAN. LTD.33CO PIPER JAEFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 OAVIO A. JONCS Lce c. SHCCHy ALAIN FRCCON LCSLIC OILLCTTC michacl t nilan THOMAS M. 3IPKINS POaCPT C. MOILANCN THOMAS r. NCLSON THOMAS J. RADIO OAVIO L. HASHMALL KATHLCCN M. MARTIN JOHN C. CHILOS OOUOLAS P. SEATON THOMAS C. SANNCP RICHARD A. KAPLAN BRUCE a. MCPHCETCPS SCOTT C. PiCHTER PAUL J. LINSTPOTH SCOTT A. smith BRIAN N. JOHNSON bradlet a . fuller OONALO M. LEWIS KENNETH ROSS* OAVIO R. strand SCOTT K.OOLOSMITH OiRARO P miller CLIZABCTH a . THOMPSON KEITH J. HALLELANO MARK a. PETERSON TCLCPHONC 612 -333- •taoo TELECOPIER '331 6l2-33-»-2Ti3 1321 612-33A-278I <311 SI2-334-2503 SUl " e 2AOO IZOO SEVEN! CNTH STREET DENVER. COLORADO S0202 TELEPHONE 303-003-1200 telecopier 3O3 Sa3-2i0« SUITE 300 SOUTH ■BOO M STREET. N. W. WASHINGTON, D. C. 20038 telephone 202-B2S-S300 telecopier 202-sza-s3ia DIRECT DIAL NUMBER (612)334-2676 INCLUOINO THE FORMER LAW FIRM OF HALPERN & ORUCK timotht w. K uCK BRUCC A. PETERSON RUTH A MICHELSEN JANNA SEVERANCE THOMAS c. MIELCNHAUSEN MICHAEL D. CHRISTENSON J MICHAEL SCHWARTZ JCFFRET P CAIRNS ELLFN L. HAAS LEWla J POTMAN TOOO M JOHNSON LOUIS P SMITH 3RUCE H little MARK F PALMA PU3SELL S. PONESSA BRTAN L CRAWFORD MATTHEW E. OAMON JOHN W. PROVO JILL I. FRIEOERS PAUL a, JONES WILLIAM O. HITTLER ELLEN SUE PARKER OREGOPy a. brooker BRIAN W. OHM OREOOpy a. SCOTT ROSA nn E O. ZAIOC nw EBER CECILIA H. MICHEL ROBERT C. castle THERESC M. HANKEL BENSON K. WHITNET KATHRYN M. walker OCORGE J- SOCHA Shane R. kell E-y MAIJ;<.tf.*TEN EYCK Duane R. noe C “"^m:%”1990 lENOElltl lAKER KAREN M. HANSEN SUESAN PACE-SHAPIRO STEVEN M. PHILLIPS LINDA 3. FRIEONER ANDREW D. PARKER JOT M. WALOERA PATRICIA A. O LEARY KAREN R. COLE or COUNtCL FRED L. MORRISON JUDITH younger • OMITTCA <H CAiirO*«llA AMO March 28, 1990 Executive Director Minnesota Municipal Board 165 Metro Square Building East Seventh Place Paul, Minnesota 55101-2142 121 St. RE: Request for Continuance -- City of Long Lake Detachment and Annexation Petition Dear Sir: The City of Orono opposes ihe Petition filed by the City of Long Lake seeking to detach and annex certain land from the City of Orono. Attached is a copy of a Resolution passed by the City Council of the City of Orono at its last Council meeting. This is a formal request under Municipal Board Rule 6000.0900, for a continuance of the hearing scheduled for April 25, 1990, in the above-referenced matter. As you are aware, the issues related to detachment and annexation are numerous and complex and require extensive investigation and discovery in order for a complete and meaningful presentation to be made before the Municipal Board. This continuance is requested in order to allow the parties sufficient time to gather the necessary facts and documentation for the hearing. Moreover, Councilmember J. Diann Goetten of the Orono City Counci) wishes to attend the hearing on this issue but will be unavailable on April 25. 9 1 ^ CITY • ■ . OF , ORONQ i City of OROINORESOLUTION OF THE CITY COUNCIL NO. 2782 \ RESOLUTION FOR THE CITY OF ORONO REGARDING THE DETACHMENT OF CERTAIN PROPERTY FROM THE CITY OF ORONO TO THE CITY OF LONG LAKE WHEREAS, the City of Orono, Hennepin County, is a statutory city, existing and authorized pursuant to the laws of the State of Minnesota; and WHEREAS, the City of Long Lake has ^iled with the Minnesota Municipal Board a Petition for the concurrent detachment and annexation of certain property currently within the boundaries of the City of Orono pursuant to Minnesota Statute 414.061 subd. 5; and WHEREAS, the Minnesota Municipal Board does not have jurisdiction to hear the City of Long Lake's Petition for detachment under 414.061 subd. 5; and WHEREAS, even if the Minnesota Municipal Board does have jurisdiction to hear the Petition, the property sought for detachment is an important part of the future planning in the City of Orono; and WHEREAS, the detachment of said property would result in the loss of current and future tax revenue for the City of Orono; and WHEREAS, the detachment of said property would adversely affect the major watersheds, soil conditions and natural features of the area; and WHEREAS, the detachment of said property would create unnatural boundaries between the City of Long Lake and the City of Orono; and WHEREAS, the detachment of said property would adversely affect planning and land use patterns in the area and violate the comprehensive plan currently governing the area; and WHEREAS, this annexation will adversely effect the economic value of surrounding and adjacent Orono properties; and WHEREAS, the detachment of said property would adversely affect the present transportation network and create increased traffic congestion on Orono public streets; and Executive Director Minnesota Municipal Board March 28. 1990 Page 2 The City of Orono suggests that the April 25 hearing be used as a pre-hearing conference as authorized by Municipal Board Rule 6000.1150. The the pre-hearing can be used to resolve any procedural issues related to the Long Lake petition. With the hearing date only a few weeks away, an expeditious response to this request is necessary. Please notify the parties as soon as possible. If you have any questions related to this request, please feel free to g'ive me*a call. Thank you for your consideration. Very truly yours, 7“i Thomas J. Barrett City Attorney City of Orono TJB/jcc/364ZADF cc: J. Diann Goetten Mark Bernhardson LuVern Hanson Tracy R. Eichorn-Hicks CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2782 WHEREAS, the detachment of said property would have adverse environmental implications for the area;" and WHEREAS, governmental services now available to said property will not be more effectively or economically provided if detachment is allowed; and WHEREAS, the detachment of said property will create a precedent for future piecemeal detachments and annexations of property currently in the City of Orono; and WHEREAS, it is the City of Orono's belief that the City of Long Lake is considering other Orono property for annexation. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Orono is opposed to the granting of said Petition; and FURTHER, that the City Council for the City of Orono is opposed to the c.ranting of said Petition because it is not in the best interests of the citizens of the City of Orono that said Petition be granted; and FURTHER, that the staff of the City of Orono is directed to gather such evidence as is necessary to oppose such Petition in preparation for the City of Orono's appearance before the Minnesota Municipal Board presently scheduled for 9:30 a.m., April 25, 1990, at the Orono Council Chambers. Adopted by the City Council of the City of Orono this 26th day of March, 1990. RESOLUTION ^^2782 STATE OF MINNESOTA ) ) COUNT! OF HENNEPIN ) ) CIT! OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said'City Council at a meeting of said City Council held on_ _ _ _ _March 26_ _ _ _ _ _ _ _ _^ 19 90 , and that the same is a true and uorrect '•opy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 28th_ _ _, day of _ _ _ _ _March_ _ _ _ __ _ _ _ _ _ _, 19 90 (SEAL) LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA Regular Meeting, 7:30 p.m., Wednesday, March 28, 1990 Tonka Bay City Hall 4901 Manitou Road (County Road 19) OTYCFORCW sisBowmiHi Mar 2 7 1990 7:00 p.m. PUBLIC HEARING: On-Sale Wine, Beer License for David J, Lawrance on the Paradise Princess charter boat 7:30 p.m. REGULAR MEETING: LMCD Board of Directors 1. Call to Order 2. Roll Call 3. Reading of Minutes: 1-24-90 Regular Meeting 4. Public Comments - from persons in attendance not on agenda 5. Reports A. Chair Cochran 1) DNR Shoreland Grant contract and Management Plan partial fund reimburse­ ment, amended draft, engaging the 14 Lake communities with LMCD for Shoreland Rules adoption 2) LMCb director committee appointments 3) Additional priorities/announcements B. Financial Reports, Treasurer Lewman 1) Statement of Cash Transactions, month ending 1-31-90, 2-28-90 2) Audit of vouchers for payment 5. C. Standing Committees 1) WATER STRUCTURES & ENVIRONMENT COMMITTEE, Chair Grathwol a) Approval of minutes, 2-10-90, committee action as follows: b) Dock license renewals, recommending approval for 57 renewals per list submitted with the committee minutes, excluding provisions for three licensees requesting renewal waivers for administrative fee of $25, subject to executive director review. Dock license renewal for City of Tonka Bay, recommending approval to waive renewal in exchange for $25 administrative fee, provided all docks are kept out of service (City Council declined this offer recommended by Bjorlin). c) District Mooring Area (DMA) renewals for 1990 licenses as recommended by the committee for approval: City of Deephaven Methodist Lakeside Assembly City of Excelsior Minnetonka Yacht Club (continued) LAKE MINNETONKA CONSERVATION DISTRICT LMCD Board Agenda 3-28-90 Page 2 5. C. 1) d) e) g) h) Deicing renewals as reconunended by the committee for: Tonka Bay Marina & Yacht Club, Inc. approved 11-18-89 Virginia MacDonald and Reid MacDonald, approved 2-10-90 Grant applications to Legislative Commission on MN Resources (LCMR) recommending approval for submission of the following subjects upon review of the executive director: * Developing an Action Program for Public Access to Lake Minnetonka * Managing Nearshore Use on Minnesota Lakes * Developing a Local Fisheries Management Guidebook for Local Lake Management Agencies City of Wayzata Environment Assessment Worksheet (EAW) review as introduced at 2-10-90 committee meeting for approval of distribuLion/publishing Approval of minutes, 3-10-90, committee action as follows: Neighborhood correspondence regarding Boulder Bridge temporary low water variance, committee recommendation to review before the Board Public hearing report ^or Bean's Greenwood Marina variance and new dock license to relocate 6 s?ips from within the 100' zone to the 100-200' zone; committee -abled the variance request, recommenucd that a temporary lov. water variance be approved in lieu of the variance and new dock licei. :e Public hearing report for E.xcelsior Bay Holding Co. (Excelsior Bay Yacht Club) variance. Density, and new dock license; committee recommendation for approval with expanded amenities and amended slip sizes k) Maxwell Bay Marina new dock license application (with minor change: ownership), a temporary low water variance application to 400', and request to change permanent docks to floating docks; committee recommended to accept the new dock license reflecting the change of ownership, and recommending conceptual approval of temporary low water variance with stipulations l) 1990 dock license renewals as recommended by committee m) Minnetonka Boat Works (Tanager Lake, Orono) request for temporary low water variance from 80' to 240', committee recommending approval n) Recommendlig waiver of dock license renewals for $25 administrative fee for three 1990 applicants o) Additional application for amended temporary low water variance by Lakewinds condominium from 148' to 198' (continued) LAKE MINNETONKA CONSERVAT!'',N DISTRICT LMCD Board Agenda, 3-28-89 Page 3 5. C. 2) LAKE USE COMMITTEE, Chair Pillsbury a) Approval of minutes 2-26-90, committee action as follows; b) Hennepin County 1990 Lake Improvement Projects, recommending approval for channel dredging prioritized per minutes; with the Slow Buoy Placement adding a third buoy in Maxwell Bay, and two buoys ncrth of Big Island; and all channels under 3H feet to be marked with two danger buoys at each end, rather than with channel markers, except Seton/Black Lake Channel which is to be marked with minimum depth warning signs. c) Personal Watercraft Ordinance, recommending approval of draft ordinance, except for changes in Sec. 1, Subd. 37, last line, change "vessel" to "watercraft," and Sec. 2, Subd. 5, last line, change "toward" co "to or from." d) Wine and Beer On-Sale New License for David Lawrarce, Paradise Princess Charter Boat, recommending approval based upon Hennepin County Sheriff investigation finding no cause for rejection. Code requiring a public hearing prior to licensing. e) g) Charter Boat license, new application, for David Lawrance, Paradise Princess charter boat, to be berthed at Excelsior city docks, recommending approval. Intoxicating Liquor On-Sale, including Sunday On-Sale, renewal application for John Lambin and new 507. partner Franco Loris, Queen of Excelsior charter boat, recommending approval based upon Hennepin County Sheriff investigation finding no cause for rejection. Charter Boat license, renewal application for John Lambin and Franco Loris, Queen of Excelsior, berthed at Excelsior city docks* recommending approval. h) Scott E. Dvorak, ice fishing contest Special Event Permit applica­ tion, requesting refund of late fee and deposit, total of ?150, due to event cancellation, recommending approval. i) Approval of minutes 3-19-90, committee action as follows: j) John Magnuson proposal to rent personal watercraft on the from a pontoon boat, recommending acceptance of the concept subject to staff review and stipulations k) Water Patrol report l) Personal Watercraft Code amendment, recommending first reading of the proposal to include amendment concerning prolonged operation in a confined area and operation without automatic cutoff device (continued) LAKE MINNETONKA CONSERVATION DISTRICT LMCD Board Agenda, 3-28-90 Page 4 5. C. 3) ENVIRONMENT COMMITTEE, Chair Reese (February 10 reconnnendations) a) Project Manager appointment of Norm Paurus to serve Eurasian Water Milfoil Weed Control Project part time from March through December as provided in the Weed Control Budget, retroactive to 2-26-90. b) Model C-500 Floating Conveyor, 25' length, pu base from United Marine International at $11,020, requiring 1/3 t-dvance deposit with order of $3,673.34, required due to low water at off-load sites. c) March 10 recommendation: 1990 Eurasian Water Milfoil budget review for adoption, total $225,000 5. C. 4) ADVISORY COMMITTEE, Chair Rascop, Consultant Arndorfer (February 10 recommendations) a) Recommendation for approval of January expenses of $3,224.22 b) Progress report on Comprehensive Plan Public Review Draft, and provision for LMCD funding for printing from Public Information and Education budget. March 10 Recommendations: a) Recommendation for approval of February expenses of $3,029.38 b) Progress report on final subcommittee reports and overall plan. 5. D. Executive Director's Report, Strommen 1) Reconcnendation on Frank Mixa consultant agreement 2) Recommendation on Muriel Stewart completion of probationary period 3) Review of administrative priorities 6.Unfinished Business A. As recommended by the Board 7.New Business A. As recommended by the Board 8.Adjournment 3-23-90 Action Report: Meeting: LAKE MINNETONKA CONI',EliVATiON DISTRICT Water Structures and Er ironment Committee Saturday, March 10, 1990, 7:30 a.m., LMCD Office, Waysaba Present: James Grathwol, Chair, Excelsior; Douglas Babcock, Spring Park, David Cochran, Greenwood; Bert Foster, Deephaven; Robert Pillsbury, Minnetonka; Thomas Reese, Mound; Robert Rascop, Shorewood. Also present: Eugene Strommen, Executive Director. Chair Grathwol convened the regular meeting of the Water Structures and Environment Committee at 7:30 a.m. 1. Chair Report - Appointment of Vice Chair Grathwol moved, Reese seconded, to recommend appointment of Douglas Babcock as Vice Chair of the Water Structures and Environment Committee. Motion carried unanimously. 2. Letter regarding temporary low water variance Boulder Bridge docks. placement of The Committee received a letter dated 1/24/90 from four residents who live adjacent to Boulder Bridge in Shorewood. The letter referenced the temporary low water permit granted in 1989 to Boulder Bridge Farm. Inc. which allowed moving eight slips from the lagoon to the main lake. , As background the Executive Director explained the original order restricted Boulder Bridge Farm, Inc. to no more than 10 slips on the main lake. Rascop noted the temporary change in location may affect a swimming beach. Neighbors should be given an o, /Ortunity to be heard. Rascop also reported the MN DNR has issued a dredging permit for the lagoon. Rascop moved, Foster seconded, to place the subject letter on the agenda for the 3/28/90 Board meeting with notice to the neighbors, Boulder Bridge Farms, Inc. and the City of Shorewood The LMCD staff will provide the Board with sufficient documentation so the Board can review the site. Motion carried unanimously. ^ , , i. • aGrathwol suggested a review of the method being usea tn granting multiple dock temporary low water variances. The Executive Director reported the City of Wayzata is considering making application to move slips from their lagoon to the main lake and there will undoubtedly be additional requests. 3. Public Hearing Report - Dean’s Greenwood Marina committee received the report of the public hearing held on regarding a variance and new dock license for Bean s Greenwood hir^ria to relocate 6 slips from within the 100 zone to the 100* - 2v'. ^‘-ne. Water CtrueLures and Environment Committee March 10,1990 Responding to a question from Babcock, James Bean, stated ne has 960’ of shore line for 110 storage sliPS ?nd 10 service slips. Bean said the method of counting has changed during the years he has operated the marina, but he i? not increasing the number of slips with this change. Cochran pointed to end slips at the northeast side the property as a possible location for slips to replace those in low water thereby avoiding the need for a variance. Bean responded that is an area of small slips with a narrow walkway. Babcock referred to LMCD Code 2.03(4) which would allow a new dock license but not a density greater Executive Director pointed out that the WSU s, under this application are two less than previously licensed. The dock is not being expanded, the attorney concluded in the public hearing that Sec. 2.05, Subd. 9. Non-conforming Mooring Areas or Structures, states that a change in configuration of the dock structure resulting in an increase in slip sice or boat storage units must take place to require a Special Density license application. That is not happening in this case. Foster questioned whether this is a minor adjustment, a change in use or a temporary low water permit. Foster said he cannot support a motion to approve without legal interpretation of the Code. He believes marinas should be able to make changes and move docks in their permitted use area as massive changes are not made. Babcock feels the application must be looked at in the whole. Rascop observed that a variance to go beyond 100’ is not minor. Bean '"ited the location of an island across from the public gas dock as a hardship causing the loss of two slips and not allowing space to extend the dock from the shore out to 100’. , ^ ^ ^ ^ ^The committee discussed procedures to be followed in dealing with this application. Foster suggested a conceptual amendment to the application for the 5 storage and 1 transient docks. Babcock feels a new dock license is required to bring the marina up to current code. Rascop’s opinion was to first deal with the application as presented by denying it. This could be followed by an application for a temporary low water permit. Bean said the marina owners have wondered whether there is some possible way of establishing a usage area in which they could change slip locations without changing the number of boats. Cochran and Rascop offered support to the suggestion, Rascop adding this would get the LMCD out of the design business. ciorhran moved. Babcock seconded, tabling of the variance application. Rascop and Foster voted nay. Motion carried. Reese moved, Piilsbury seconded, a motion to recommend a temporary low water variance application be considered for Bean s Greenwood Marina and to recommend approval at the 3/,-8/9U meeting. Motion carried unanimously. 4. Public Hearing Report - Excelsior Bay Yacht Club The committee reviewed the public hearing report Excelsior Bay Yacht Club for a variance, a Special Density - continued of and 1. 2. 3. 4. 5. 6. 7. 8. Water Structures and Environment Committee March 10, 1990 new dock license to add 8 slips with 15 slips beyond 100 a change-of-use from 32 transient slips to 30 rental tor storage 'Ls'"Khwt=e/'cUub Hanager, offered the following revised amenities ^ designated for emergency use by the Sheriff s Water Patrol. , , Open the pool for public swimming lessons sponsored by city park or schools from 9^30 a.m. to 11:30 a.m. 5 day.s a week. . Hake a meeting room available to use by public groups at no charge. Dockage for charter bv^ats. Handicapped access to the docks. „ +„ A lake-side deck look-out tor the public, signed a.:, to availability, 10 a.m. to 5 p.m. Outdoor lower deck level open to the general public all hours, upon approval of the Excelsior City Council^ A dock attendant on duty, 11 a.m. - midnight to monitor the proper dock use. Reese and Foster consider the charter boat ® significant amenity. Foster supports tlie pool for swimming lessons. Gratliwol commented that the LMCD counsel has a ir considering the charter boats as an amenity because other marinas could eventually do the same and eventually weaken the value of this amenity, or perhaps attract charters away fro ExcslsiorBciyYsclitClub. ^ .»nH There was discussion of the parking availabili y reservations expre.ssed by the E.xcelsior bity Manager as to whether there is sufficient parking tor the c>‘arter boat customers. Khwice said they have 150 spaces on site. 40 Excelsior Blvd. at tl.e mini-putt, and arrangements with Huber Funeral Home, one block aw.ay. tor ' 30• KhwiceThe plan calls for .10 of the 40 slip at I.’ x 3d . ^-nwice agreed to reduce 10 of those slips to 12' x 2 to reduce th. large boat impact. other comments: Rascop: The LMCD needs a . overnight boat storage. Babcock: Concerned about storag^' at a facility which does not have public services offered by a^marina. He woula also recommend the lighting be direct inward, rather than toward the lake. the Foster moved. Reese .seconded, to recommend appioval ot the Excelsior Bay Yacht Club variance. Special Density and ^ 1 1-ense as applied for, with the change of 10-13 x 32 I2- r24 ’ slips, with the expanded amenities offered by Khwice. and lighting to have a minimum impact on the ijke. . . Babcork mov»=*«l, Ra.soop seconded, to table this applicati a fu^urrcLmitCie meeting. Babcock. Rascop aye Pillsbury. Reese and Foster voted nay. Urathwoi abstained. Motion failed. -continued Water Structures and Environment Committee March 10, 1990 David feet of court to 400’ Carlson, water at order to He also On the original motion, Pillsbury. Reese, Foster and Grathwol voted aye. Babcock, Rascop and Cochran voted nay. Motion carried. 5. M2ucwell Bay Marina - New Dock License Application and Temporary Low Water Variance Application. Committee received a new dock license application with minor change (ownership) and temporary low water variance application for Maxwell Bay Marina (formerly North Star Marina et. al.) by James Dunn, Lakeside Marina Properties, Inc. The Executive Director reported there has not been a review of the application, the application just being received at this meeting. The request is to change permanent docks to floating docks. and a temporary low water variance to extend without any change in the 77 permitted slips, representing the owner, stated there is about 2 the end of the present dock. Rascop requested a review of a previous determine if the proposed changes conform to the Order, asked wiiat effect the floating docks would have on the gas pump. Grathwol and Babcock expressed concern about the 40U’ dock length. Pillsbury noted there are now three slow buoys in the area. Foster moved, Babcock seconded, to recognise the change of ownership and to accept the dock license without change conditioned on paying the application fee and late fee. Motion carried unanimously. Babcock moved, Foster seconded, ' to recommend concept approval of the temporary low water variance subject to the Board’s review of the following: 1. Staff review of the litigation affecting the license; 2. Clarification of the location and safety of the gas dock on a floating structure; 3. Impact on navigation and adjoining properties. Motion carried unanimously. Staff is to notify the property owners within 500’ of the marina. 6. Dock license renewals through March 5. Rascop moved, Cochran seconded, to recommend approval of the following dock license renewals for 1990, including orders, stipulations and temporary extensions, noting City certificates have been received, or time expired for responses: Excelsior Bay Associates, Inc., Excelsior Bay Lakeshore Village, Black Lake Meadowbrook Boat Club, Inc., Grays Bay and Lihbs Lake Minnetonka Boat V'orks (Waysata), Wayzata Bay Minnetonka Boat Works (Orono). Browns Bay and Tanager Lake Tonka Bay Marina Yacht Club, Inc., Lower Lake South Wikner, Roger J.. Wayzata Bay Woodend Shores Beach As.sociation. West Upper Lake Motion carried unanirnour.iy. Water Structures and Environment Committee March 10, 1990 7. Progress Report on Cowers/Schrock DUA conflict with Morris in City of Greenwood, South Lower Lake. No action was taken as the site is to be viewed after the meeting, Cochran reported. 8. Minnetonka Boat Works, Orono, Temporary Low Water Variance. Minnetonka Boat Works, Orono, requests a temporary low water variance to relocate the docks in Tanager Lake which were approved in 1989 from 80 feet to approximately 240’ into the lake. Floating docks which require 5’ depth for underwater ties are being installed. A note on the site plan indicates 14 slips at the south end of Tanager Lake may not be added in 1990. The current water depth at the south end of the dock is approximately 4’ . Pillsbury moved, Cochran seconded, to recommend approval of a temporary dock extension permit for Minnetonka Boat Works, Orono. Grathwol, Pillsbury, Foster, Reese and Babcock voted aye. Rascop voted nay. Motion carried. 9. Report on Dock Licensees Requesting 1990 Renewal Waiver $25 Administrative Fee. with The Executive Director followed up on three licensees which have requested permission to waive the 1990 dock license fee and to pay an administrative fee of $25 to retain their license because of the following: Mai Tai - not in operation, not a low water problem. Park Hill/Island Apartments and Seton Twin Homes - Low Water, slips are virtually dry. Babcock expressed the opinion that licensees should pay the full fee as they are using public waters. Ele believes it is incon.sistent to require other muitipie dock license holders to pay e full fee when some of their slips are not usable due to low water. Pillsbury moved, Rascop seconded, to recommend an administrative fee of $25 to renew the 1990 dock license for Mai Tai, Park 4ill/lsland Apartments, Seton Twinhomes. Motion carried, Babcock voting nay. 10. Amenity Progress Review Discussion of the amenity outline was postponed until member Hurr can be present. 11. Dock Committee Priority Project Suggestions Grathwol submitted the prioritised list of projects for committee discussion as follows: - continued Water GtrucLures and liliivirouiijent Commi ttee March 10. 1990 1.5 Restrictions on outlots 2.0 Clarify 2.01 Sub2a (p.l7) re measurement of lake frontage & side sit* lines ♦2.83 Review of the 100* & 200' dock extension rule or policy 3.0 Review method how to measure & what counts as shoreline for counting boats; consider elimination of wetlands 3.17 Inventory of district mooring areas and review the existing policy on district mooring areas 3.50 Slip size in relation to 1-50, 1-10, and number of boats. i.e. attempt to retain adequate dockage for smaller boats ♦4.0 Shoreline zoning and/or water area zoning, etc. 4.29 Prohibition of condominium docks 4.33 Review of boating destinations such as transient docks, 4.43 Establish definitions for addiuion to Code involving marinas, wetlands 5.13 Density rules for residential watercraft storage 7.0 Boathouse restrictions, modify definition The following additions were suggested: 1.0 Amenities review; 7.5 Low water variance policy; 4.0 Refer to Lake Use Committee; Combine items 1.0, 2.83 and 3.5 Rascop suggested using the comprehensi/e plan for the definitions. Grathwol will realign the list with the recommended changes. A suggested plan would be to take one item a month, the staff to do a report on eacli item. 12. Other The Executive Director reported a resident with a permanent dock wants to extend under the temporary low water variance but wants to use permanent dock material. The applicant, Randy Boyd, has a property line between his dock use area and that of the City of Deephaven which must be resolved. It is ad.jacent to the Deephaven Carson’s Bay docks. The site line appears uo be subject to the outcome of Deephaven*s new dock license,variance and Special DensiV license application. No action was taken. ENVIRONMENT 1. Financial Progress Report Reese reported Hennepin County approved $83,000 for the 1990 Eurasian Water Milfoil operation. The Minnesota Department of Natural Resources also approved $30,000. Along with the $60,000 from the cities, funds are available to begin the program. An additional $55,000 has been budgeted to be raised from private sources. Reese noted the Corps of Engineer matching funds may still be forthcoming. Water Structures and Environment Committee Marcli 10, 1990 Reese submitted a draft of a 1990 Eurasian Water Milfoil budget. He recommended 15% or $30,000 for contingency be added to the $195,000 budget. A combi-conveyer extension on order for $11,000 subject to Board approval. Reese also mentioned a pick­ up truck among other equipment additions will be required.. 2. Weed Harvest Project Management Report Norm Paurus has been developing operating procedures, equipment reviews and personnel needs in anticipation of his duties as project manager for the weed harvesting program. The employment agreement submitted to the Board 3/7/90 is pending action 3/28/90 a.s a result of no quorum for the 3/7/90 Board meeting. Additional Progress Reese asked for a clarification of his accountability in the over-all EWM program. Cochran summarized a discussion on the subject. The program i.s to be operated by staff, and the executive director accountable for the operation subject to consultation with the Board advisors (Reese and Bjorlin) dealing with carrying out policy matters. The Board will act on policy and budget matters governing the program’s operation. Meeting adjourned at 11:05 a.m. FOR THE COMMITTEE; Eugene Strommen Executive Director James N. Grathwol Chair Action Report: Meeting: LAKE MINNETONKA CONOEUVATION DISTRICT Lake Use Committee Monday, March 19, 199U, LMCD Office, Waysata Members Present: Bert Foster, Vice Chair, Doephaven; Douglas Babcock, Spring Park; Thomas Keese, Mound. Also present: Deputy Cliff Schmidt, Hennepin County Sheriff's Water Patrol; Eugene Strommen, Executive Director. The meeting uf the Lake Use Coiiunittee was called to order by Vic» Chair Foster at 4:30 p.m. 1. Citizen inquiry,personal watercraft rental business on the Lako from anchored pontoon boat The committee received a memorandum from tJie executive director listing safety and environment concerns expressed by the LMCD attorney along with practical considerations. John Magnuson, 330 Goodrich Avenue, Gt. Paul,submitted a letter detailing his proposal to rent Personal Watercraft (PWC) from a pontoon boat. He plans to center his activities around Big Island, operating from 8 a.m. to 3 p.m. He would use a 24' pontoon boat as the base of operations and store four PWCs on the boat. The PWCs w', L'k, be dropped in the water away from the shore. The PWCs ace iJ9U Model Kawasaki .iet ski is with the exhaust system in tlie water, tliereby reducing noise A safety video will be shown on the boat. Renter.? will be given operating instructions. The boat signage will be on the pontoon railing.. The plan is r*odeied aft«2r similar operations in California, Florida and Jamaca. Magnuson'.? pontoon storage is located at a commercial marina in Excelsior on Gt. Alban’s Bay. Magnuson was given a copy of the proposed PWC ordinance and advised the Gtate of Minnesota is also considering PWC legislation. Foster indicated concern about operating in an isolated area and the effect of the noise and PWC operation on the boats anchored at Big Island. The operation would have to be outside of the quiet water area being proposed between the two point buoy.5 on the northerly end of Big Island. Reese said he favors this type of operation as a Lake amenity. Babcock is concerned about tlie type of signage and also operation in a major traffic pattern. He would prefer limiting the range of operation. Deputy Gchiuidt expressed the opinion tliat Magnuson would need a charter boat license if he is going to have passengers on the pontoon. He would want the pontoon anclrored in a safe area and PWCs operated away from the quiet water area. Babcock recommends a clarification of the LMCD ordinance regarding charter and rental boats as it applies to this proposal. r 1 Lake Use Committee March lU, 1990 the 2) Foster moved, Reese seconded a recommendation to accept concept subject to staff review of: 1) Need for a charter License for the pontoon operation PWC operation meeting all requirements of LMCD’s proposed ordinance, particularly the operation beyond 300’ of shore; Need for a special event permit Review the applicability of LMCD Code Sec. 3.08 governing Rental of Watercraft A map showing the location of the rental operation. 3) 4) 5) Motion carried unanimously. This request could be discussed in conjunction with the 3/28/90 Public Hearing to consider a quiet water area at Big Island. 2. Set public hearing for committee recommendation to establish new Quiet Waters area northwest of Dig Island* per Code 3.02, Subd. 4. The public hearing was reported by the executive director to have been set for 3/28/90 at 7:00 p.m. While that was intended, since the Board did not meet to approve the committee’s action on the quiet water proposal, the hearing was not set. The committee did request a map indicating where the quiet water buoys will be placed. (The item will be considered further after i!ie 3/20 Board meeting.) 3. Letter from Spring Park Mayor sewer under Coffee Channel. Rockvam regarding sanitary The committee referred the communication from Mayor Rockvam to Board Member Hurr with a request for a report to the committee. 4. Charter boat renewal application for 1990 certificate The following are for information only: A. Renewals received to date: A1 A1 A1 A1 A1 A1 Alma’s I Alma"s II Alma‘s A l.ma’ s Alma's & Alma’s III VI X XI Private Parties 1 Queen of Excelsior SeaNote Gunboat I Gunboat II WhyKnot III B. New application.s: Paradise Princess, Wayward There will bo a public hearing on the beer and wine license Paradise Princess, David Lawranco, applicant, at 7:00 p.m. 3/28/90, Tonka Bay City Hall. - continued Whale, for on LAKK MINNETONKA CONOEUVATiON DISTRICT Action Report: Meeting: Lake Use Committee Monday, March 19, 1990, LMCD Office, Waysata Members Present: Bert Foster, Vice Chair, Deephaven; Douglas Babcock. Spring Park: Thomas Reese, Mound. Also present: Deputy Clift: Schmidt, Hennepin County Sheriff’s Water Patrol; Eugene Strommen, Executive Director. The meeting of the Lake Use Committee was called to order by Chair Foster at 4:30 p.ni. 1. Citizen inquiry,persoiuil watercraft rental business Lako from anchored pontoon boat on Vico the The committee received a memorandum from the executive director listing safety and environment concerns expressed by the LMCD attorney along with practical considerations. John Magnu.son, 330 Goodrich Avenue, Gt. Paul, submit ted a letter detailing his proposal to rent Personal Watercraft (PWC) from a pontoon boat. He plans to center his activities around Big Island, operating from 3 a.m. to 3 p.m. He would use a 24’ pontoon boat as the base of operations and store four PWCs on the boat. The PWCs will be dropped in the water away from the shore. The PWCs are 1990 Model Kawasaki .iet ski is with the exhaust system in tlie water, tliereby reducing noise. A safety video will be shown on the boat. Renters will be given operating instructions. The boat signage will be on the pontoon railing.. The plan is modeled after similar operations in California, Florida and Jamaca. Magnuson's pontoon storage is located at a commercial marina in Excelsior on St. Alban’s Bay Magnuson was given a copy of the proposed PWC ordinance and advised the State of Minnesota is also considering PWC legislation. . , j Foster indicated concern about operating in an isolated area and the effect of the noise and PWC operation on the boats anchored at Big Island. The operation would have to be outside of the quiet water area being proposed between the two point buoys on the northerly end of Big I.sland. Reese said he favors this type of operation as a Lake amenity. Babcock is concerned about the type of signage and also operation in a ma.ior traffic pattern. He would prefer limiting the range of operation. Deputy Sclimidt expressed the opinion that Magnuson would need a charter boat license if he is going to have passengers on the pontoon. He would want the pontoon ancliored in a .safe area and PWCs operated away from the quiet water area. Babcock recommends a clarification of the LMCD ordinance regarding charter and rental boats as it applies to this proposal. Lake Use Committee March Ij. 199U 3) 4) Foster moved, Reese seconded a recommendation to accept the concept subject to staff review of: 1 ) Need for a charter license for the poutoori operation 2) PWC operation meeting all requirements of LMCD’s proposed ordinance. particularly the operation beyond 300’ of shore; Need for a special event permit Review the applicability of LMCD Code Sec. 3.08 governing Rental of Watercraft 5) A map showing the location of tiie rental operation. Motion carried unanimously. This request could be discussed in conjunction with the 3/28/90 Public Hearing to consider a quiet water area at Big Island. 2. Set public hearing for committee recommendation to establish new * Quiet Waters area northwest of Big Island, per Code 3.02, Subd. 4. The public hearing was reported by the executive director zo have been set for 3/28/90 at 7:00 p.m. While that was intended, since the Board did not meet to approve the committee’s action on the quiet water proposal, the hearing was not set. The committee did request a map indicating where the quiet water buoys will be placed. (The item will be considered further after the 3/20 Board meeting.) 3. Letter from Spring Park Mayor Rockvam regarding sanitary sewer under Coffee Channel. The committee referred the communication from Mayor Rockvam to Board Member Hurr with a request for a report to the committee. 4. Charter boat renewal application for 1990 certificate The following are for information only: A. Renewals received to date: A1 A1 A1 A1 A1 A1 Alma’s Alma"s Aima's Alma’s Alma's & Alma’s I II III VI X XI Private Parties I Queen of Excelsior SeciNote Gunboat I Sunboat II WhyKnot III B. New applioation.s: Paradise Princess. Wayward Whale. There will bo a public liearing on the beer and wine license for Paradise Princess, David Lawranco, applicant, at 7:00 p.m. on 3/28/90. Tonka Bay City Hall. - continued Lake Ugo Committee March 19, luyu C. No response through 3/13/90 Lady of the Lake Miss t>eduction * Hiss Minnetonka Music Man III * Small World '*'• Choral ”C” Colossus - Godfather II Godfather III Jacks K Wild Karob I - sold '* Not renewing for 1990 5. Water Patrol Report A. Schmidt reported all of the ice houses have been removed. The conservation officers are taking care of any debris left over. The ice looks clean from the air. P. Schmidt reported the w.ater patrol will be using marine broadcast on cliannel 16 witli a switch to channel 6 to alert boaters of obstrue:tion.s in the water. Lake depth, weathei*, etc. They will broadcast on Saturdays, Sundays and Holidays at 11 a.m. to 6 p.m. Babcock suggested they make a distinction a' out which channels are to be used. C. One more car has gone into the lake. D. The Water Patrol has made a cliange in the insurance they will require for special event permits to $200,000 per person: $600,000 per event. This conforms to a schedule set by tlie State. Foster asked about the "hold harmless’ on the back of their permit application. Schmidt said this is a requirement of the County Attorney. Foster will inquire of the County Attorney’s office concerning the requirements. 6. Other Business Personal Watercraft Ordinance. Reese said the proposed ordinance has overlooked dealing with the prolonged oper"'tion of PWCs in a given area. He suggested a section be ^ added restricting operation to 30 minutes in a confined area. Schmidt said that would be difficult to enforce as the officer has to observe the violation. It would limit their otLier duties if they had to spend as much as 30 minutes in one location. Reese said this would give a person the opportunity to make a oiticen arrest or file a complaint. Schmidt agreed a citicen could file a formal signed complaint to assist in the enforcement. Ree.se moved. Babcock seconrled. to recommend an addition to the PWC ordinance as follows: Prolonged Operation: Mo person shall engage in maneuvers within a single confined area for^ more than thirty minutes. Confined area is defined as an area of the Liake the noise ein.'inating from which is liable to be a nuisance to the Game sLioreiine rcsid»:;nts. M<.iti«-ui carried unanimuucly. Lake Use Committee March 19. 1990 Babcock moved. Reese seconded, adding the following sentence to Section 3.U41 Subd. 6. ‘’Mo person snail operate a personal watercraft on which an automatic cut-off device supplied by the manufacturer has been altered, disabled. or removed. Motion carried unanimously. Life Jackets on Sail Boards. Foster asked that an amended letter be sent to the Gummor Olympic Committee informing them that a one person sail board does not require a life jacket, but a two person sail board does require two life jackets on board. Power Squadron Requests. Tlie Power Squadron requests for channel markings at the Big Island oass through and a change in the baseball field lighting at Excelsior were layed over until the return of Chair Pill.sbury. Hennepin County Sheriff’s Annuai Activity Report. Schmidt will check the iigures given for water related drownings sh wn on the LMCD annual 1939 report. Meeting adjourned at 5:3£ p.m. FOR TBS COMMITTEE; Eugene Strommen, Executive Director Robert Pillsbury, Chair ORDINANCE NO. AN ORDINANCE RELATING TO BOAT SPEED IN QUIET WATERS AREAS AND TO THE OPERATION AND RENTAL OF PERSONAL WATERCRAFT ADDING NEW SECTION 1.02, SUBD. 37; ADDING NEW SECTION 3.041; AMENDING SECTION 3.02. SUBDS. 1 AND 4; AND AMENDING SECTION 3.01, SUBD. 17 The Board of Directors of the Lake Minnetonka Conservation District ordains that the LMCD Code is amended as follows: Section 1. LMCD Code Section 1.02 is amended by adding the following definition as Subdivision 37 and renumbering the current subdivisions from 37 on; Subd. 37. "Personal watercraft” means a waterc’^aft less than 12 feet in length which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft. Section 2. The LMCD Code is amended by adding new Section 3.041 as follows: Section 3.041. Personal Watercraft. Subd. 1. Prohibition. It is unlawful for any person to operate a personal watercraft or for the owner thereof to permit the operation of a personal watercraft on the Lake in any wav which is contrary to the provisions of this Code or the laws, rules or regulations of the state. Subd. 2. Personal Flotation Devices. No person shall operate or ride on a personal watercraft unless wearing a United States Coast Guard approved personal flotation device. Subd. 3. Hours of Operation. No person shall operate a personal watercraft between sunset and sunrise the following day. Subd« 4. Speed. No person shall operate a personal watercraft at a speed in excess of 5 miles per hour or at a speed which results in more than a minin\um wake within 150 feet of arv shoreline, swimmer, mooring, dock or other water structure. Subd. 5. Operation Within 300 Feet of the Shoreline. No person shall operate a rersonal watercraft at a speed in excess of 5 miles per hour or at a speed which results in more than a minimum wake between 150 feet and 300 feet of the shoreline unless the personal watercraft is being driven perpendicular to the shoreline and to or from the nearest point of water 300 feet from the shoreline. Subd. 6. Automatic Cut-off Device. No person shall operate a personal watercraft which is equipped by the manufacturer with a lanvard-type cutoff switch unless the lanv.^rd i.< attached to the person, clothing or personal flotation device of the operator. No person shall operate a personal watercraft on which the automatic cut-off device applied bv the manufacturer has been altered, disabled or removed. Subd. 7. Wake Jumping. No person operating a personal watercraft shall jump the wake of another watercraft within 150 feet of tha t watercraft. Subd. 8. Age of Operator. Except in the case of an emergency, no person under the age of 13 shall operate or be permitted bv the owner to operate a personal watercraft. No person 13 years of age or older but less than 18 years of age shall operate or be permitted bv the owner to operate a personal watercraft, regardless of horsepower^ without possessing a valid operators permit issued by the Commissioner pursuant to Minnesota Statutes, Section 361.041 (1988). Subd. 9. Careless Operation. A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to weaving through congested boat traffic or swerving at the last po. j.jle moment to avoid collision shall constitute careless, reckless or grossly negligent operation within the meaning of LtVfCD Code Section 3.01, Subd. 2. Subd. 10. Rental. Any person who offers personal watercraft for rent: (a) shall not rent a personal watercraftt regardless of the horsepower, to any person who is less than 16 years of age or who is 16 years of age or over but less than 18 years of age and not in possession of an operator*s permit required by this section. (b) is required to provide a summary of the laws and rules governing the operation of personal watercraft and to provide instruction regarding safe operation to anv person renting personal watercraft. The instruction provided to a renter must cover the laws and rules governing personal watercraft as well as the actual operation of the personal watercraft itself; and (c) is required to provide a United States Coast Guard approved wearable personal flotation device to all persons who rent a personal watercraft, as well as all other required safety equipment. Subd. 11. Prolonged Operation. No person shall operate a personal watercraft in a single confined area for more than thirty consecutive minutes. A confined a/ea is defined as an area of the lake which is so small that the noise emanating from personal watercraft operated continuously within it is liable to be a nuisance or cause substantial annoyance to residents of one or more shoreline properties during all of the time of such continuous operation. Section 3. LMCD Code Section 3.02, Subd. 1 is amended as follows: Section 3.02. Watercraft Speed. Subd. 1. Maximum Speeds. No person shall operate a v/atercraft on the Lake at a speed gfreater Iian is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing, in every event speed shall be so restricted as may be necessary to avoid colliding with any person, watercraft or structure in or upon the Lake which is in compliance with legal requirements and the duty of all persons to use due care. No watercraft may be operated on the Lake at a speed in excess of the following limits: (a) (b) (c) ii) iii) 40 mile per hour during the daytime; 20 miles per hour during the nighttime; & 5 miles per hour in the following areas; i) a quiet waters area established by this section, that area within 150 feet of the shoreline, that area within 150 feet of an authorized bathing area or swimmer, an authorized scuba diver's warning flag, an anchored raft or watercraft, or a dock or pier except that from which a watercraft with a person in tow is being operated. iv) an area of restricted speed posted in accordance with Subd. 4. The sheriff or executive director may provide for the erection of signs at appropriate locations in the Lake to inform operators of watercraft of the speed limitations established by this subdivision. Section 4. LMCD Code Section 3.02, Subd. 4. is amended as follows: Subd. 4. Quiet Woiers Areas. No person shall operate a motor operated •atercraft, including waterborne aircraft, on inose areas of the Lake hereinafter specified at a speed In excess of 6 5 miles per hour, or at a speed which results in more than a minimum wake in any area of the Lake designated as quiet waters areas. Quiet Waters restrictions shall apply to areas, channels, bays and shorelines as delineated by markers, buoys, or other aids to navigation placed by the County or the District. Section 5 . LMCD Code Section 3.01, Subd. 17 is amended as follows: Subd. 17. Noise. No person shall operate any watercraft or boat, other than an aircraft, on the Lake which is capable of exceeding a noise level on the A scale measured at a distance of 50 feet or more from the watercraft or boat of: (a) 84 decibels in the case of marine engines or motorboats manufactured before January 1, 1982; or (b) 82 decibels in the case of marine engines or motorboats manufactured on or after January 1, 1982 r £_or (c2 79 decibels in the case of personal watercraft water jet pump engines manufactured after January 1, 1992. This enactment is in effect from and after its passage and publication In accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board of Directors this , 1990. day of David Cochran Chairman ATTEST: J.P. Boswinkel Secretary LKllO-013 LAKE M'^JMETONKA CONSERVATION DISTRICTMarch SS-i mO TOs Interested Parties FROM: Lake Use Committee SUBJECT: Proposed Ordinance Relating to Operation and Rental of Personal Watercraft on Lake MinnetonI a The Lake Use Committee and Chair Bob Pillsbury-. along with Personal Watercraft Stud* s-Committee chair Bert Foster are pleased to forward an advance copy ..«'ie proposed ordinance governing the operation and rental of personal watercraft on Lake Minnetonka* The committee recognizes the assistance of representatives from industry-, business-, homeowners on the lake and individuals who expressed their concern and interest in preparing for this ordinance since last September. Various state laws were taken into consideration-, including a law which is up for consideration at the present time for the State of Minnesota* Lake Minnetonka has some of its own characteristics due to many small-, as well as large bays which are influenced by this craft's operation. The effort is designed to reduce conflict among users-, provide for the safety of all users-, and reduce the annoyance caused by persistent operation in a given area* Manufacturers will note the effort to reduce dedibels by IT^? to assist & eventually quiet the equipment to an even more reasonable level* The first reading of this ordinance is planned for the LMCD Board meeting set for: 7:30 pm-. Wednesday-. March Bfi Tonka Bay City Hall M^lQl Manitou Road •(County Road n> Written comments may be submitted to the LMCD offices. 405 E* Lake St--. Wayzata-. MN 55311. The next committee review of the ordinance would be Saturday-. April 7-. which would be a target date for sending advance written comment* The Board could consider a final draft at its Wednesday-. April 25-. 1110 meeting at the Tonka Bay City Hall-. 7:30 pm* Thank you for your interest* k LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. HESTIHG SCHEDULE April 1990 C cnvoF ORCNO 'Apr 4 1990 Saturday Water Structures & Environment Committee 7*30 a.m., LMCD office, Wayzata depot Monday Lake Use Committee 4*30 p.m., LMCD office, Wayzata depot Wednesday Public Hearing* City of Oeephaven Variance, Density, and New Dock License for 8 additional watercraft in Bay St. Louis 7:00 p.m.. Tonka Bay City Hall LMCD Board of Directors' Regular Meeting 7*30 p.m.. Tonka Bay City Hall Friday Eurasian Water Milfoil Task Force 8*30 a.m.. Freshwater Foundation, Navarre 4-2-90 Saturday Sunday 4-2-90 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 SVEHTS SCHEDULE April 1990 21 Holiday-Johnson Grapple Contest 12 a.ni. to 2 p.m. Lord Fletchers, Coffee Cove Saturday 28 WYC Races, WYC dock, 8«00 a.m. 29 WYC Races, Main Lake, Is30 p.m. £ NEWSLETTER ORONO INDEPENDENT SCHOOL DISTRICT NO 278 ‘ I't f 1 i I AKF MAPi : AiN *.'( 'NA MINNf ■ 'NKA ‘It A('H '*■<’ 'Nl ..H-. t ;■ V ' ■ ^ Al) IN-. ' 'A ‘V, 1‘V-r ORONO SCHOOL BOARD David McKown. Chairman 479*1692 Don Anderson, Vice Chairman 479-1810 Lucie Taylor. Treasurer 473-1189 Kitty Crosby. Clerk 478-6037 Jim Franklin. Director 479-2130 John Maresh. Director 475-3197 APRIL, 1990 ISSUE NO 8 Suprrwtnhirnt '> Nofc> Acceleration, enrichment, academic challenges and cluster grouping are some of the terms used when educational discussions turn to gifted or high potential students. While these terms, and others which could be added, relate to specific efforts, the bottom line is how do we assist our most able students. I thought it would be useful to briefly list some of the on­ going programs and efforts designed for these capable students. This listing is not exhaustive and 1 invite you to call me or one of the principals for more information. The effort to challenge students begins in the Primary School . Differentiated assignments and groupings within the classroom are supplemented by an individualized reading program as well as special classes for mathematics and thinking skills under the direction of a teacher for gifted/high potential students. Computer instruction and use of the computer as a learning tool begins in kindergarten. Classes for elementarv/intermediate level students (grade 2-4) continue the practice of differentiating assignments and activities. A pullout program for gifted/high potential students has operated for many years. A host of challenging activities including the Omnibus program. Great Books, the Continental Mathemahes League (grades 2-8), special library programs, computer instruction, accelerated literature reading, art and music programs conducted by specialists are available. Beginning with fourth grade, students are grouped for high achievement in reading (and for mathematics in 199(M991 school year). The middle school program (grades 5-8) includes grouping for high/achieving students in mathematics and English at all grade levels. Ouster science grouping at all levels is designed to provide challenging projects and extended science study. A humanities program for high achieving students is available in grades 6-8. The Middle School participates in the University of Minnesota Talented Youth Mathematics Program - this year five eighth grade students are attending classes at the U. of M. Other Cont on page 2 Students Chosen as National Merit Finalists Bv Laurie Hite Liz Scalf and Nell Winston were i.amed National Merit Finalists in February. The National Merit Program is a nationwide academic competition and is the largest competibon of its kind. In October of their junior year, students take the Preliminary Scholastic Apbtude Test (PSAT), which is also the National Merit qualifying lest. Students who receive high scores are recognized the following fall as National Merit Semifinalist. There averages approximately 15,000 students who are chosen as semifinalists. Winston and Scalf qualified, and Jason Simon and Amy Stretmater were recognized as Commended Scholars. Semifinalists then complete several additional forms to compete in an essay competibon. By being selected as a finalist, Winston and Scalf represent "fewer than half of one percent of American high school seniors," according to the National Merit Scholarship acknowledgement letter that they received. The 13,500 finalists then compete to become one of 6,000 Merit Scholars. In becoming finalists, Winston and Scalf arc eligible and compete for National Merit Scholarships worth $2,000 which are awarded to 1,800 of the finalists. Other scholarships are also awarded by companies who award grants to those students who "have career interests which a sponsor wishes to encourage,” according to the Nabonal Merit Scholarship Corporabon. If Scalf and Winston become Merit Scholars, they will be notified somebme this spring. By Laurie Hite Reprinted from the Orono High School ITA Guidance at a Glance Upcoming Tgat Datgs! ACT: April 7,1990 Registration Deadline 3/9/90 SAT: Mays, 1990 Registration Deadline 3/30/90 SAT: June 2,1990 Registration Deadline 4/27/90 ACT: June 9,1990 Registration Deadline 5/11/90 Follow Up Study Class of 1988 Each year Orono High School does a follow up study of their graduating class. Graduates are asked a variety of questions including their current acti\ ities and how ^ey felt about the education they received at Orono. The following are a few of the questions asked and the percentages that responded as follows: SA Strongly Agree D Disagree A Agree SD Strongly Disagree SA A D SD 1. In the Orono Schools, overall I feel I received a gc i education. 31.6 68.4 0.0 0.0 2. At Orono High School the teachers seemed to care about me. 263 61.8 11.8 0.0 3. Overall, attending Orono High School was an enjoyable experience. 32.9 513 14.5 1.3 4. The extra curricular program, athletics, drama, music, etc., in which I participated at Orono High School was of value to me. 53.0 453 0.0 1.5 5. I feel Orono High School prepared me well for my post-high school education. 32.9 563 9.6 1.4 6. 1 feel attendance and discipline were stressed enough at Orono High School. 36.8 513 9.2 2.6 High School Counselors 473-5472 CALL WITH YOUR QUESTIONS Ms. Woytcke - all students %vith last names A>K Ml. Wasbotten - all students with last names L-Z Lunds Receipts Please send Lund grocery tapes to the Middle/Intermediate School office. Free computers for the school are available if enough tapes are received. ccccoooccccccocccccoooccco Hope For The Homeless Last week the Orono High School students under the direction of Kirk J Peterson and the student government ; organized a four day rock fast to raise money for the homeless. It was a success with over $800 raised. The bands were made up of students and Orono alumni, two bands played per day during mods. Bill Greenwood opened ^ the week with favorites like "Feed Me Oatmeal" and a song for the whales. Both are original pieces. Orono students and especlaliy Kirk are to be commended for their caring attitude towards others less fortunate. Lunds Receipts Please send Lund grocery tapes to the Primary or Elementary office. Free computers for the school are available if enough tapes are received. Superintendents Notes cont from page 1 activities include: a mathematics problem solving lab for sixth grade students, annual geography and spelling bees, jazz ensemble for select band members, Odyssey of the Mind program comp>etition. Olympiad competition in social studies, language arts and science. Underachieving gifted/talented students are challenged to greater achievement through a guidance program called RISE. Orono Hieh School students are challenged by means of both the curriculunt and co-curricular offerings. Honors courses in English and mathematics are available as well as advanced placement courses in English, Spanish, German and calculus. Better than 85% of Orono High School students participate in co-curricular activities which include a full range of athletic programs as well as such standard activities as student senate, school newspaper, drama, yearbook, etc. Again, this listing is incomplete. However, it is representative of our efforts to meet the needs of students. Dr. Thonus B. Mich Superintendent Homes Needed The Spanish department is looking for 2 or 3 homes for next year's Spanish Amity Scholar. These young adults (21-26 years) teach conversation groups and the Spanish Language Advanced Placement program and share their culture with all the Spanish classes. They share in the family's routine, thereby learning about American culture. The program is approved by the U.S. Department of State and screening officers are the U.S. Cultural Affairs Officers of lit? Embassies. For further information please call the High School office at 473-5472. Pre-school Kids Needed The Senior High School Hon>e Economics students will conduct a Play School as part of their study in Child Development. A "Get Acquainted" party for Mothers and children will be held April 30th at 9:30 a.m. Play School will be held Mondays and Fridays from 9:00 - 10:00 am and Tuesday, 9:15 - 10:45 a.m. Play School will start May 1st and end May 18th. We need students who: 1. Are at least 3 -5 years old, but not old enough to attend kindergarten in the fall of 1990. 2. Have transportation to school and back home. 3. Have not attended our school before. Please send a note containing the child ’s nan.?, age, birthdate, sex, telephone number and address to Mrs. Carol Holzinger, Orono High School, 795 Old Crystal Bay Road., Long Lake, MN 55356. We will send a letter to each applicant on April 20,1990. HS Bond ot District Contest lllaconia H.S. mas the site of the District 17R Band Contest on tiled., March 17. The Orono H.S. Concert Band's warm-up entry was Johann Eberlin's "Toccata and Fugue " and their contest entry was Malcolm Rrnold's four-mooement "English Dances'. The Band receiued three Sup^^'ior ratings from three judges Notc< frof}} the } Ii^h School Parent Council Meeting April 10,1990 High School Cafeteria 7:00 - 8:00 p.m. Topic Structuring a Parent Organization 8:00 - 8:15 p.m. - Coffee 4c Cookies 8:15 - 9:00 p.m. Open Forum Lunds Receipts Please send Lund grocery tapes to the high school office. Free computers for the school are available if enough tapes are received. Notice to 8th Grade Parents There will be a meeting for 8th grade parems to receive information about high school registrations on April 3, 1990, at 7:00 p.m. in the high school auditorium. High School Play Gold in the Hills or The Dead Sister's Secret^ a "thrilling’’ melodrama from the 1.' O's, will be presented by the OHS drama departm .nt April 19, 20, and 21 at 7:30 p.m. in the high school auditorium. Tickets will go on sale Monday, April 16th, in the high school ofF e. All the elements of a great melodrama are present: 3 tenor hero (Jeff Marr), a heroine pure as snow (Melissa McMahill), a polished villain who is a murderer, kidnaper, thief, and insidious tempter (Brady Flaherty), a mortgage on an old farmstead- owned by Father (Jason Brandriet), and a Bowery dance hall in the wicked city - operated by Big Mike (Tim Courteau). The large cast includes lots of Bowery men and women who will do solos before the play begins and between acts. Tickets are $3 a seat and may be reserved by calling the high school office at 473-5472 but must be picked up by 7 p.m. prior to the evenings perfo.mance. Remaining tickets will be on sale at the door each evening. Senior citizens and district pass holders may pick up free tickets to the opening night performance April 19. This is the only night the passes will be honored. «Il*s A Small World" All students at Schumann Elementary and hrst graders at Orono Primary School are working hard on our upcoming all-school musical. Mrs. Bray and Mrs. Forsythe, our music teachers, are busily working with the students in getting ready for this big extravaganza. We invite you to join us in the High School Gymnasium on May 1 at 7:00 p.m. It is a delightful musical. We know you will enjoy it. Incoming Kindergarten Parents' Meeting On Monday, April 23 at 7i)0 p.m. in the Orono Primary School Gymnasium Or. Harlan Hansen, Professor Education at the University of Minnesota, will be speaking to parents of children eligible for kindergarten. He is a specialist in Early Childhood Education. This is a meeting for parents only. You and your child will be invited to come to the kindergarten room together next fall. A packet of forms has been sent to the parents of each prospective kindeigartner we have on our list. If you have a child eligible for kindergarten or know of someone new in the neighborhood who has a child eligible, please call the Schumann Elementary office. U73-7317) Five Orono Gymnasts Earn All-State Awards Five gymnasts on the Orono High School gymnastics team were awarded All-State recognition by the Minnesota State Gymnastic Coaches Association recently earning certificates. A certain average score in each even or all-around must be obtained over the season. Five scores of the gymnasts are averaged together to meet the criteria. Two of the scores must come from meets with four or more teams. Rachael Fulkerson, Sr. & Captain earned All-State in Vaulting Erin King, Sr. Sc Captain earned All-State in Floor Exercise Cretchen Craven, Sz 4c Captain earned All-State Recognition on the Uneven Bars, and Floor Exercise Jodie Heyerdahl, Jr. earmed All-State on the Uneven Bars Sarah Brown, Sophomore earned All-State in Floor Exercise. This recognition is for those gymnasts who perform consistently high scores over the season. The Orono team is proud to have so many receive recognibon in so many events. 7th & 8th Grade Choir Concert is a Huge Success On Thursday night, March 15th, and Friday morning, March 16th, many viewers were entertained by the Orono Middle School 7th 4c 8th grade choir. A show titled, TV’s Greatest' kept the audience laughing and enjoying themselves through out the production. A game show host, played by Ryan Qoud, kept the show moving along. Contestants played by Sarah Hauser and Robert Dressel watched with the audience as many TV. show theme songs were sang by the choir and acted out by different members of the choir. A set, which included a large TV and a viewing screen provided short excerpts from the T.V shows that would win each category. A game show platform with blinking lights added to the set. The commercials were a big hit. Prerecorded acbng by choir members of favorite commercials included the Chevrolet song, Chiquita Banana, The Gillette Theme, Leggs Sheer Energy and Skippy Peanut Butter. The show was given on Friday to the Middle School and then the Intermediate School. During the second performance, the Elementary School arranged to come over and see the show toof This came as a surprise to directors, John Oman, Tim Moynihan and Connie Priesz. The choir and directors were please to present the concert to the elementary students. This was a good ending to Middle Level Educahon Week which was celebrated at the school that week. If you missed it, watch for it's rerun on the Cable T.V Channel. '■ '■ uCi 1; ll •T.V.’sGrcalcsr IS Scoliosis Screening Scoliosis, the medical term for lateral or sideways curvature of the spine, is a common disorder. Between two and five percent of school children have such a curvatuie. It has its onset during the adolescent growth spurt, usually about age ten to twelve Incidence is about equal among boys and girls, severe progressive scoliosis, however, is more frequent in girls Although many curvatures are of minor consequence, progressive scolMs may lead to crippling spine deformity and therefore should be detected early and progression prevented when possible. When detected early, trea tment may include observation for mild curves or bradng for moderate curves. This may prevent the worsening of the deformity and the subsequent need for surgery. When detected late, surgery may be neoeiaary. All students in grades 5-9 will be screened for Scoliosis by the Orono School Nurse, joAnn Ree. Should your child receive a referral to see your physician for further evaluation, please have it signed and return to your school health office. In this way we can chart it on their health record and be updated on their progress. Betsy Swartwood Delegate to the World Confederation of Organizations of Teaching Profession Grade 2 teacher, Betsy Swartwood, itas beer> selected to be a member of the Uruted States delegation to the World Confederation of Organizatiof^ of Teaching Profession bi­ annual conference to be held August 6-10,1990 in San lose, Costa Rica. The theme of this year’s conferciKe is "The Role of Teachers' Organizations in the Promotion of Social Justice and Democratic Freedoms. The WCOTP conducts business pertinent to the improvement of global education for all students. The majority of member nations have a national system of education. The United States nas the largest delegation (50) of the 112 member nations which comprise the 5 geographic regioru of the world. With the major changes sweeping the world today, the WCOTP will debate issues such as the current debt crisis afflicting many countries a A its consequences for education as well as mobilizing public opinion and political will in support of education for all and an end to illiteracy. Teachers selected as delegates should have an interest in promoting cross-cultural understanding and work cooperatively with The Office of International Relations. Betsy was a part of the 19B8 United States delegation The Orono N.S. ionds' Rnnuol Pop Concert uiill bo Thursdoy end Fridoy, Rpiii 20 end 27. The co-choirporsont for this event ore: Tod Odoms, Jenny Brickloy, Oobb Orondt end Omy Lointz. They ore developing o theme beted on '00 Minutes . Included ivlll be e Senior Skit, OlNielend, dancing, singing, end *0 Day In The Life Of Bend Members*. Tickets ere $3, and the 7:30 p.m. performance ivill be held in the H.S. Ouditorium Tony Bouza Speaking On May l6lh, 7:30 p.m. in the Auditorium, Mr. Tony Bouza will be speaking on teenage drug and alcohol abuse. There will be a question and answer period following his talk. This Fund Raiser is sponsored by The Orono Education Fund Committee. A $5 donation is suggested. This will benefit The Academic Enrichment Program of the Orono Education Fund. All community members are invited to enjoy this iniormative and entertaining evening with Tony Bouza. Refreshments and social hour follow. Ungraded Alternative On Thursday evening, April 19, parents of present kindergarten students plus any other interested parents, are invited to attend a meeting in the Ungraded area at Schumann Elementary School. This will be a i informational meeting to acquaint you with ‘his alternative program. A sign-up sheet will come home with students on Wednesday, April 18, and any parents interested in their child being a part of the Ungraded area for grades 1-3 should return the form to the Schumann Elementary office by Friday, April 27. The meeting will begin at 7:00 p.m. We invite you to join us. Marvel Bongart, Principal Schumann Elementary School 4/9 School Boaid MS..........................7.-(X3 pm 4/13 NO SCHOOLTEACHERS WORKSHOP 4/23 School Boud Meelif^ MS................. 7:00 pm Ft FMFVTAKY AmVTTfg'Q 4/13 NO SCHOOL TEACHERS WORKSHOP 4/17 SE k OPS April BD Partv PTA Bd. Mtg at SE____...............................7 15 pm 4/23 Kdgn- Parents Mtg at OPS..........................7:00 pm 4/24 SEIi OPS julyBD Party fVTF»aamf ATF/\atnni f srnoOL ArnymES 4/9 Grade 4 to Wolf Ridge Learning Center 4/13 NO SCHOOL TEACHERS WORKSHOP 4/24 MS PAC Mtg.. FDR.....................................7 30 pm HIGH SCHOOL AmVTTTES 4/3 8th Gr. Parent Mtg: - Regtstrahon - Aud 7 00 pm 4/5 Track, DeLaSalle k St. Bernard s.......................4:00 pm Basketball Boosters Banquet, Cafeteria......6:30 pm 4/6 Baseball, Roosevelt.............................................4:00 pm Softball. Watertotvn............................................4:00 pm 4/9 Softball at Centennial..................................4:00 pm Baseball at St. Bernard's.....................................4:00 pm 4/10 Parent Courtdl Meeting, Cafeteria....................7:00 pm 4 '11 Softball, St Bernard's.........................................4:00 pm Baseball at St Agnes ....................................4 00 pm Hockey Boosters Banquet. Cafeteria..........6:30 pm 4/12 Track at Mahtomedi.....................................4 00 pm Baseball, Mound................................................4:00 pm 4/13 NO SCHOOL TEACHERS WORKSHOP 4/16 Softball, Brooklyn Center..................................4:00 pm Baseball, Centennial...........................................4:00 pm Boys Golf at home..............................................4:00 pm 4/18 Softball at Farmington .......................................4:00 pm Tennis at Hopkins.......................................4:00 pm Boys Golf at DeLaSalle................................4:00 pm 4/19 Baseball, Minnehaha...................................4:00 pm Girls Golf - home.........................................4 00 pm Spring Play, Aud.................................................7:30 pm S^or Parents All Night Party Mtg. Cafe. ..7:00 pm 4/20 Track at Centennial............................................4:00 pm Softball, St Agnes ..............................................4.00 pm Tennis at Minnehaha..........................................4:00 pm Boys Golf at Centennial...............................4 00 pm Spring Play, Aud................................................7:30 pm 4/21 Softball k Baseball at Dassel Toum............4.00 pm Spring Play, Aud................................................4:00 pm 4/23 Softball at Minnehaha........................................4:00 pm Baseball at Brooklyn Center...............................4:00 pm Boys Coif at home..............................................4:00 pm 4/24 Tennis at Breck...................................................4.00 pm Girls Golf at Blake.............................................4:00 pm Boys Golf Mid Season Toum. at Keller 4/25 Softball, Breck....................................................4.00 pm Baseball, St. Anthony........................................4:00 pm g 4/26 TVack. St. Agnes k St. Anthony........................4,00 pmTeruus, St Agnes ................................................4:00 pm Cu’s Golf at Farmington ....................................4:00 pm riS Pop CoiKert, Aud.........................................7:30 pm 4/27 Softball at BUke................................................4:00 pm Baseball at Farmington ......................................4:00 pm HS Pop Concert, Aud..................................7:30 pm 4/28 Tenius at Minnetonka Classic..........................9:00 am 4/30 Softball, Centennial....................................4 00 pm Baseball, Mahtomedi.........................................4:00 pm Girls Golf Mid Season Tournament Bovs Golf at ht^TTif.......................................4:00 pm />('</'./ /\ I . < Regular MtetlRg, Pthfuaty 2i, • .\pproved the 1990-91 Orono High School program of studies. Special Meeting, March 1,1990 • Approved the convening of a speaal school district meeting under special circumstances for the purposes of rejecting bids/calling for bids, and funher. that each Board member waives statutory notice for such meeting • Rejected bids received for labor and/or materials as listed. • Directed the business manager to readvertise for bids for labor and/or material set forth in the specific areas covered by the rejected bids. Senior parant maating For c||| nighfc Senior Portv Tuosdov, Rpril 19 p.m Orono High School, Room 103 Orono High School Honor Roll - 1st Semester 1989-90 "A" Honor Roll Grade 9 Blodgett, Michael Daly, Christopher Danielson, Rebecca Dudley, Jill Hermann, Jason Unck, Guthrie Schmidt, Michelle McEachron,Charles McGrath, Tory Nikko, Jessica Nikko,Jodi Olsten, Sarah Paster, Erin Pool, Elissa Wagoner, Lisa Grade 10 Alshouse, Matthew Beach, Sara Greenley, Kara Hawkinson, Christopher Hoseth, Ned Parten, Britta Marohn, Sarah Roth, Seth Scfilell, Alexis Shaw, Kelly Steffi, Sarah Grade 11 Cederberg, Cory Qoutier, Lynette Gawron, Angela Hite, Laurie Jenniges, Jeremy Morrissettc, Stephanie Olkon, Deborah Rettinger. Mark Salo,Jill Swanson, Peter Grade 12 Crosby, Katherine Eckliardt, Amy Gimenez, Alejandra King, Erin McDowell, Dimity Qiu, Yan McEachron,Charles Veilleux, Sara Wahlfors, Jeri Winston, Eleanor Wong, Jeannie "B" Honor Roll Grade 9 Amanda Arnold, Paula Bersie, Robert Biesterfeld, Christopher Bizzano, Michael Brindley, Amy Cagle, Benjamin Carlson, Kellie DeCamp, Kristen Dettloff, Nicholas Dillner, Kevin Edworthy, Sara Eschbach, Jeffrey Fadden, Keith Gomey, Heather Hillstrom, Paul Hollander, Nicoli Hylm, Lori Hoppe, Angela House, Nicole Hunsley, Jennifer Jacques, Michael Jerde, Jennifer Lacy, Christopher Martin, Brandon McCartney, Tiffany McGrath, Jamie McMahill, Jacob Mercer, Ryan Miller, Tyson Morss, John Murphy, Katherine Nash, Natele Neddermeyer, Jeffrey Nelson, Heather Nordstrom, Casey Owen, Alexander Peterson, Jason Prodahl, Alyssa Purdy, Stephanie Recker, Kristin Reimer, Ann RoeW, Jennifer Rovegno, Erin Sass, Kim Schmidt, Rebecca Silus, Shannon Silus, Andrew Smaciarz, Vanessa Smith, Tiffany Sorenson, Paul Springmeyer, Vickie Stieve, Jennifer Sumpter, Jeffrey Velander, Kristina Whiteis, John Zietlow, Eric Zorr. Grade 10 Jenniier Ahlstrom, Melinda Anderson, Marina Beal, Kimberly Brown, Sarah Brown, Ann Caldwell, Josua Coccoluto, Rachel Cooper, Brian Cox, Paul Dabill, David Dancause, Janelle Erickson, David Evans, Kathleen Fleming, Jennifer Gabbert, Timothy George, Pilar Gimenez, Justin Grabek, Jacinda Johnson, Angela Kearin, Michael Kirby, Kelly Knappenberger, Joann Kunz, Hoi!) -.aginess, Alison Leintz, Heather Leitner, Charles Paulson, Karl Pederson, Carla Peterson, Jess Quick, Roger Ray Erik Remus, Jonathan Richard, Ross Rosengren, Chnstopher Rosequist, Kasey Ross, Michael Schmidt, Troy Sch.nidt, "Tmothy Scovell, Kristin Swanson, Timothy Sweezo, James Wenger, Kathryn Wolf, Michelle Wong, Chiara Wood, Rafael Wood, Katrina Wysocki, Robert Zavitz. Grade 11 Allison Ballantine. Jill Behrendt, Terry Brainard, Bridget Brehm, Heather Brown, Mark Christiansen, Pamela Criego, Kathryn Danielson, Melissa Dettloff, Shelly Devitt, Ann Doherty, Patrick Dugan, Carol Emh^ack, Julianne Fields, Andrew Gilbertson, Steven Glasier, Findley Griffiths, Melanie Gustafson, Nicole Halliwill, Jodie Heyerdahl, Kimberly King, Patrick Ucy, Rachel Larson, Brian Lesniak, Brent Marquardt, Jeffrey Marr, Erick Pederson, Holli Peterson, Carrie Quast, Tina Reynolds, Victoria Roehl, Gregory Roland, John Romfo, Hilary Rose, Brian Schmidt, Linnea Si vets, Jodi Sohn, Lisle Soukup, Maxwell Stowe, Stephen Stroup, Kyle Swenson, Steven Thielbar, Shane Thompson, Troy Tschida, Lisa Underdahl, Jason Voronyak, Kerry Weber. Grade 12 Theresa Abdo, Theodore Adams, Brent Anderson, Debra Anderson, Kara Anderson, Shannon Baker, Jennifer Barfknecht, Bryce Blanski, Jennifer Bncklc>*, Stephen Capp, Laura Cook, Heath Corby, Pamela Courtney, Wyatt Crane, Gretchen Craven, Michael Dalton, Michael Danielson, Dcruse Derdoski, Vivian Diaz-Arvesu, Brian Diehl, Michael Diehl, Thomas Dorrel, Cory Effe-tz, Richard Elscnpeter, Jessica Ely, Scott Ewald, Sean Faras. Georgina Fields, Christopher Hint, Rachel Fulkerwn. Craig Gardner, Inga Gottlebe, Robert Grandt, Ted Hallson, Michael Hardin, Bryan Helland, Paul Hermann, Jay Hopia, Troy Hughes, Timothy Hultmann, Bruce Jacobs, Richard Jacquemart, Sean Jenkins, Toni Juusola, Da’ id Knudsen, Jennifer Knudson, Cynthia Lanars, Gregg Larsen, Brian Laskey, Trevor Lukanan, Heidi May, Melissa McMahill, John Eric Menge, Jason Micke, Andrew Miller, Todd Petersen, Jennifer Peterson, Suzanne Raduenz, Paige Elizabeth Scalf, Paula Schliinz, Kathleen Seuntjens, Jason Simon, Cris Smith, Joshua Smith, Amy Stretmater, Jill Theis, Melissa Turney, Chad WTiitman, Lynn Wieezonek, Staoe Wondra, Martha Young. -7 School Board Election Filing Dates: March 6 March 20 May 14 May 16 First day to file for office Last day to file for office day to apply for absentee ballot Annual School Board ELECTION DAY Polling Places: Orono Primary School 7 a.uxu • 8 pan. Schumann Elementary School 7 aun. - 8 p.m. Candidate Qualifications: 1. 21 or more years of age at beginning of the ierm of office. 2. A citizen of the United States. 3. A resident of the school district for 30 days prior to die election. Absentee Voting Any person who is otherwise eligible may vote by absentee ballot for the following reasons: 1. A physical disability that prevents his/her g mg to the polls or voting in the voting booth at the polls; 2. His/her religious discipline make him/her unable to appear at the polling place at the time the election is held; or 3. He/she expects to be absent from the district at the time of election. How to Apply for an Abs^rntec Ballot An application for an absentee ballot may be submitted at any time not less than one day before the date of the election. The application for the absentee ballot must be made either in person or by mail to the Clerk of Independent School District M27S, District Office, 685 Old Crystal Bay Road, Long Lake, MN 55356, phone 473-7313. When the application has been signed and received by the Clerk of the school district, the Clerk will remit the ballo» to the qualified applicant by mail or the applicant may personally pick up tN allot in the District Office. The marked absentee ballot . iSt be received via the U.S. mail or hand delivered before the polls close the day of the election. Voter EligibilityAn eligible voter for a school district election shall be a person who at the time of ihe elections: 1. islSorirwre years of age; 2. is a citizen of the United States; 3. is a resident of the school district; a.id 4. has resided in Minnesota for 20 days immediately proceeding the election. Excerpts from Minnesota ZllB.U A person may not display campaign r.'aterial, post signs, ask, solicit, or in any manner tr^/ to induce or persuade a voter writing a polling place or within 100 feet of the building in which a polling place is situation on primary or election day to vote for or refrain from \ rting for a candidate or ballot question. A person ma; ‘ provide political badges, political buttons, tner political insignia to be worn at or about the polling "> uce on the date of a primary or election. A political badge, political button, or political insignia may not be worn at or about the polling place on primary or election day. A person may not broadcast, circulate, or distribute campaign material, or cause campaign material to be broadcast, circulated, or distributed on the day of a primary or election. This subdivision does not modify or repeal section 7. Excerpt from Minnesota Statute 210A.03 "Any person or committee who shall publish, issue, post or circulate, or cause to be published, issued, posted, or circulated, otherwise than in a newspaper, as provided in section 210A.05, subdivision 1, any literature, campaign materials or any publication, including but not limited to cards, pamphlets, flyers, signs, banners, leaflets, tending to influence voters at any primary or election which fails to bear on the face thereof the name and address of the author, the name of the candidate in whose behalf the same is published, issued, posted, or circulated, and the name and address of any other person or committee causing the same to be published, issued, posted, or circulated, shall be guilty of a misdemeanor; provided another herein contain^ snail j|^r<»»'5n‘v.&d^imodifying or repealing any of tli»yp)viSK/?fiW*^ctic:tJ (- L.04 eNEWSLETTER AOMINIVnUTIOM •W OiACHTSTAL SAY NOAO NOlirM UMO UMt. IMNNCSOr* MSM APR 19S0, U S yoS»aCI PAID YfiMII NO <} City P.O. «N 55323 Cry«t»l B»y iK i W' r.-, ■' “■ ■ . W? , ■>'. ■'\illi. |4|1muMim»- sw S:!- :.. -\\ : Vi:-*: msm l€i-'f3 ^;j .’€’ :,, m--' 11 a&yatev^^S:6 ■-# rM mm:-Mtrn ■S5 Cnrtiricate of Survey for r. Charlcn Downey ‘‘-—^ of l/?t 136, SprliiF Phrk IlsmuTpj n County, Minnesota ' IZliSiO shI<«««A*m :■? 3 'i - • i9»f •9-fi <f / ~'if 2 ' . 7T«. ;1|J » IN fi / p“■'*<'», r tJlr "•' -1/ 1S>tS9#Mf MiFbM.k Mmrtt.i ' uot «^.ff-i>n pn>pr<*€Jqt,rvtf€aJjtf»n. 4$% hao4<o«e^ /fr*pe>sgd) -■m 1 hereby rertlry that lliji In n iru-* I and corront raiiresenbstlon «»• n rurvny of Ale l<(>unrHries of nriTnSt^S«^l!M.iMnr^^^ "' ii/ , V r /\ A Coffin Reg/4lbv 6064 eyor ond Planner; ‘ If Minnesota §W:V -r . F' • '• . -i- • ..........................’ -:'■ iiv• ^ &s^ me .. . ;i\- ^;■■S'P'; ■ ; ' :■'••I '■‘'■‘■>^.;',>j ;;;i lii : ssi*y; M&mmm |ili^ m w i» ■^.i.r?'. HlU.Jill ’.'.Hi iiiii i iiffililiiiiiliiiiiniilfni^^ MhI IS III! I H iiHUi I BBapp®* co/Mkrr Cl r:\§itmrswkt . -VV mmmimrn^m W^-gM.V-:*: % naiiiLaj.i4«- ...• activities, control facil condition dai 3.All catchbasi straw bales, been complete 4.All disturbed shall be cove mulched, or s orading work 5.All soils tra from those rc for the debri i ^’V' ... ‘ ' '-S i ■ ' » ■ * 1. ■ I!:' ■ ■ '-v-., V'.. ftVK*»v<i«A f %‘i'S^!. CONSTRUCTSkimmer struc- TURE CSEE DETAIL)• • • v O I - .' - 1 / X ; / / ,- TURt IStt DETAIL) ' ^ . t.'r'^' > -5 RING CULVERT inlet WITH STAKED HAY OR ISTRAW bales and ■MAINTAIN IN PLACE I UNTIL CONSTRUCTION I OF SKIMMER STRUC- POND iTURE nAS BEEN ' EASEMENT I completed ________ ^__r979~ ‘;^K980>. Om o-' 0 ---\ J * 9£ ^ 5,•f-/ S,^ ' • ^ •* / 1 /SIL7 FEJNCE * X ?7 7 0 / \ \ \ Y. .J ' 1 V MONUMENff SIGN INSTALL 15" RCP CULVERT AND TWO CATCH BASINS s:a_£ EXISTING 15 RCP culvert . INVERT @ INLET *973.1 INSTALL BAFFLED WFIR AT INLET '-k: L DATE |! REVISION II-8-69 llAdd Dond-Lof 5 11-27-89 1!Revise rood 12-15-89 liMisc. revisions 12-19-89 II Revise lots 1-9-90 IIAdd Ourlot E 2-5-90 IIFirst floor elevation li ________II______________________ li _____1—---------------- Wi'-, m M ■ wl":- . , .... r;.’ \ • J- ' : -''' ' ■.> V- ' 7,;v T'■■■ & ilii -m l;r ■■■ m. ft mss ... V-: feilp»:i««i^pmmmmm fi ■/;>> ■/ #. -..'.te .W. -,•-*»'' •. ’IFO :##»»■■ *.'a| k /’■ V. . ' mmm ■■■ ,■ >• 1*1 IIMi’!« ’■-'-.?!s BT' ’’K.fta.n;,: I’• ■•i»sii» Wr'mmrnMm^ mm .. ' '>m life •:"a^ nassf y*ii April 4, 1990 Zoning file *1506 - 3220 Watertown Road Subdivision Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay MN 55323 Dear Jeanne, I appreciate all the efforts you hove put forth to assist me in my application for subdivision and was happy to hear the Commission was able to approve my request. While I was given the opportunity to voice mg opinions or objections to the conditions set forth in your March 12, 1990 memo and agreed to them. I'm having second thoughts. The part that I have given more thought to is the potential problem of the need to have the Lot I owner change to use the future west access road. The members of the Commission, Mark and you tossed around some of the impracticalities of such an arrangement and the more I think about it, the less I agree with this condit’on. t think this could cause several problems: t. House, garage, driveway, and bridge will be built with access from the south through Lot 2. 2. Landscaping will be maturing. 3. The first homebuilder may decide to retest soils and relocate the proposed septic system to allow for more flexibility In positioning of buildings. 4. The current or future sale of this lot could be adversely affec'cd by this unappealing restriction. Since considerable expense would be involved in construction of a d^veway and creek crossing, along with the other items mentioned above, it just doesn ’t moke sense to me to expect a homeowner to be required to comply and disrupt his entire project. ^ : .U- r> ■ “'.'-*•■* V. -. •' ‘ . • *.*' ... I .•: •V' ,"^*1 »5 . ||i|tfk / ‘iA’Mffie m m \y ■■'■§|Stl ' W.-i -V .g':m ^',- -■: ■ ■■■.'ii;>K ; .'j-‘"' .- ; ■ / ^..- - : ’■ ’ ■ to’wHnuaifL / . .>• b.V i -.:^-.. .:iS . .... /, vy[M ■:'Wm !§MM Al:: A -^WSV': li:P . - :r ♦HrWaftfr.fCT JiC. —/ y I/ 'y —^r-~r-A- .A.' ' ? ■. --- ;k/ • ■• ifWjtffta , .1 . r \ • . ■ •■;*:/-; .■^ . Ti ~n 11 .A< ' * '• V .i-CzVwffg. . mmw - J2A.1* *V *" :-IA U'---' ■ -■ .„ 'r4< U:' -pi ^’‘ -A ^ 5'- • ^ IMfe' :.■ • V V ^ t l \ *^: V V ' - r \ f ............V-; ;• .• >1 . ■/-., ■ ■ ’■ , 'V■ - i fcr, , .v m m P" t- • mm i# :'vr'=vJ^ f ■ •'i-'f: •p: Jf- :. '’’&«'^ \ KiF''.w am imms Bmmfci. 'IP’’ S' ::ii"s •• ■^0; :\iry.;;v'y; v■VV- :mm . ■■•* ■’> ■H .... W&W^I »» *■•••• ••■'■' ‘ ~ ■ •■: ..; ■ ' ’ j‘.' -*•, y'--/--^-,''-- '- .’V-.i . . ;;•■ •■•• • • •• •^■v -•:'. 1 ; -•; .•.•■• ..• ■ • ■. :; '•-:f ■■■ ■ ■ yiiw 4 m 1 i#i;- _ ^^?ii^;iYv^ fc’- 9^rIv*-.-. SsSSiaKSsrsi'S: , / , i O; ' >•■•' ' , AutUtHO- f'«'-i*MT ...V:\,1^^";.mk ss»/» ;... i- y ::(-; V',V--;r^'r^'-^i ' ’ mm km-:" * i;"m V; W '*^‘‘ ' «f. '•4 • ^1 ■S:!S#i •. \ * ....:??> iip'^ '4- svC:^-i iii" -• ■..;^ K;> ■'% ' “■(j)ljll ji’ ■. .°S' T E'-v, si; Ic 'iP;, David K. Fox 164S Bohnx Point Road Wayzata, MM 55391 March 14, 1990 Orono Planning Coaaiaaion City of Orono PO Box 66 Crystal Bay, HM 55323 Dear Comnissionars, We are presently building a new house at 1645 Bohns Point Road. He have been advised by the Orono Building and Zoning Department to seek a variance involving this construction. This variance concerns the height of the structure. Our house was designed by Bruce Schmitt and Assoc, of Hayzata. Our building plans. Including optional gables facing the front (lake), were submitted to and a building permit was Issued by the the City of Orono. Construction started in December. Subsequently, we asked our architect, Mr. Bruce Schmitt, to Investigate as to whether the area above the second floor could be opened up for storage spacj, without altering the roof structure in any way. He were advised by Mr. Schmitt that the roof trusses could be designed to allow for an attic area without changing the height, shape or appearance of the house. We directed the builder to proceed on that basis. In as much as the design of ^he house complies with the published code, and the height and shape of the house have not changed in any way from the plan as approved by the city, we question whether a variance is necessary. However, 11 you determine that a variance is necessary we ask that you provide a favorable recommendation. Respectfu^^, MargeiTr Pox cciBruce Schmitt ’em .........................................................................................^ fc.=4BilE:'^:--«mpa n:m.*'■■ ?• II:m #^'- •"'i m r.-. ■ : ■■- ■:4.,::-,', Map A & -P/.AA> MAP\^ RURAL HOUSING CLUSTER IDENTIFICATION M NUSA-NSSR LINE ■ EXISTING RURAL HOUSING ASSOCI EXISTING RURAL HOUSING IDENTIFIED FOR ALTERNATIVE WASTE MANAGEMENT STUDY 1. Stubbs Bay 2. North Shore and Scotch Pine 3. Crystal Bay 4. Broiwi's Bay City of Orono, Minnesota TM7- -w '•••ViJ r*-i J mmm .'. i' yit'-./‘.t •■ ■;■■'■ '!vft — fr*i^u I ? _.— ^.r, u^ fr* at,n\-^ Si--::rv.^iSI«Mpt.„.,i!BiMaaat.-. '-2.: ■'.■v’&a»fe»->- iJs|i' ■4 p»K»:sImiiisa pili Is 4?m Wk 5- - 4 . K' PH ill «*:«* ES- I •; ■S’l ■’V ■ ''- u M 1 ] 1 I I I I I I S»5 itii* L^l I- I I h^yl'l 'B AMPCExhibit STUBBS BAY A.W.M. STUDY: ieceeMM«MP<^SUB-AREAS.U*CimU0^ 11 STUBBS \ BBT-t I Stubbs Bay'* 'i^'MEffii febSS^k*.. .(P P> LAKE minne. t.uJSKA : ■ - 'J ^£^_P ■ * • "* Bayside East* '5| I?!-** la •*=iM.V ‘-^ [ f r¥“f/«■» I ■■■ nr J A.i; 1 Sr; " . -Vi. i^fciw€ift:aiaiia5S^^ ** .'.I st'.'*:''^iHit:gSl / I ,, ->MW-WS|?»SM5^iipSS®l fir ir' • ~ ' ‘!L:-^‘->--^‘ ik