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HomeMy WebLinkAbout05-14-1990 Council PacketPUBLIC ATTENDANCE CITY OP ORONO MEETING DATE PLr..FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 14, 1990, 7:00 P,M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL , MAY 1419901. CONSENT AGENDA* 2. Recognition - Officer James Cornick CITY nr ORONO APPROVAL OF MINUTES * 3. 1990 Board of Review Meeting of April 17, 1990 * 4. Regular Meeting of April 23, 1990 * 5. Reconvened 1990 Board of Review Meeting of May 3, 1990 LAKE MINNETONKA CONSERVATION DISTRICT REPORT - JoEllen Rep. 6. Public Review Discussion PUBLIC COMMENTS - (Limit 5 Minutes Per Person) PLANNING COMMISSION COMMENTS - Sarah Moos Re.resentative 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 and denials. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. #1467 Charles Hommeyer, 4125 Oak Street - Variance #1502 Mike Hilbelink, 2180 Prospect - Variance - Resolution #1503 Woodhill Country Club, 200 Woodhill Avenue - Subdivision #1508 Donald Olson, 4590 North Arm Drive - Conditional Use Permit - Resolution #1509 Earl Freeman, 4545 Watertown Road - Variance - #1514 Ronald Miller, 270 Willow Drive - Variance - Resolution #1515 Jeff Johnson, 3825 Cherry Avenue - Variance - Resolution #1518 Big Island Veterans Camp - Conditional Use Permit - Resolution #1520 Gerry Carlson, 3165 Casco Circle - Variance Otten Brothers, 2350 Wayzata Boulevard A. Vacation Pine Ridge Lane - Resolution B. Negotiation Results #1411 Sussex Square Development - Road Name Approval ENGINEER'S REPORT * 18. Pay Request #3 - Test Drilling Well #3 * 19. Pay Request #1 - Well #3 1AGENDA FOR COUNCIL MEETING SET FOR MONDAY, HAY 14, 1990, 7:00 P.M. MAYOR/COONCIL REPORT 20. Planning Commission Interviews 21. Park Commission Appointment * 22. Administrator's Review 22A4j highway 12 Policy Committee Update CITY ADMINISTRATOR'S REPORT 23. Lake Management Issues 3779 Casco Avenue Drainage Problem Legislative Impact Annexation Organization Meeting Date Facilities Citizen Review Committee Commendation Officer Cornick - Resolution Salary Adjustment - Lyle Oman Salary Adjustment - Bruce Vang Flexible Benefits Program Administrator's Information Stubbs Bay Sewer LOGO Contest Teri Naab Recognition Local Well Authority - Status Report Albrecht Contract March Receipts & sbursements Wire Transfers Administrator's Goal Setting 24. 25. 26: 27. 28. 29. 30. 31. 32. CITY ATTORNEY'S REPORT 33. NSP/Wright Hennepin Franchise LICENSES (34*) BILLS (35*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 05/12 05/14 05/15 05/21 05/28 05/29 Spring Clean Up Council Meeting School Board Election Day Planning Commission Meeting Holiday - Memorial Day Observed (Monday Holiday) Council Meeting (Tuesday) MEETING 3 MINUTES OF THE 1990 BOARD OF REVIEW MEEUftfel 4 1990 HELD APRIL 17, 1990 CITY OF ORONO ATTENDANCE 7:00 P.M. The 1990 Board of Review met on the above date with the following members present: Mayor Grabek, CounciImembers Goetten, Callahan and Peterson. Councilmember Nettles arrived at 7:25 P.M. The following represented the City staff: City Assessor Paul Smith and his associate Frank Mennega, City Administrator Bernhardson and City Clerk Hallin. Representing Hennepin County were: County Assessor Donald Monk and his associate Bob Hanscom. INTRODUCTION Mayor Grabek requested those who wished the address the Board to state their name, address of property and address if different from property address, property identification number of property being appealed, the value of the property from the 1990 notice of valuation and the value you think is appropriate plus any reasons you feel that it is. He stated "we ask that you limit your comments to specifically your piece of property. The Board is not responsible for the State Legislative process. We can not do anything about the laws that govern us from the State. We are interested in finding any inequities and corrections that need to be made on any mistakes that may have been made." Administrator Bernhardson stated he wanted to introduce the City’s new Assessor Paul Smith and his associate Frank Mennega. He stated Donald Monk the County Assessor and his assistant Bob Hanscom were in attendance. Bernhardson stated that the Board would be discussing the property values as of January 2, 1990. Stating this value would be used to determine the share of taxes for 1991. This is the value on which taxes are prorated for budgets starting this fall. The City receives about 13% of the taxes tnat the taxpayer pays. Bernhardson stated that subisequent to this meeting^ the properties that are directed to be reviewpci, will be reviewed individually. The Assessor will make a recommendation to the Board. The Board reconvene to act on those recommendations and that date will be stated in the letter that the Assessor sends out to you with his recommendation. At that point the appelant can either choose to come to the reconvened meeting and contest that valuation, accept the value that is recommended or choose to appeal the value to the County Board which will be held the last two weeks of June. If they are not pleased with the process on the local level you may appeal to the County Board and then on to the Tax Court. Donald Monk noted that property owners have until May 15, 1991 to file with the Tax CcutL. The following persons appeared before the Board: 1. Art Brambilla, 3838 Cherry Avenue - P.I.D. 08-117-23 33 0002 Mr. Brambilla stated he has had the property classified as seasonal because he also lives in Florida. He asked if there were any provisions in the law for senior citizens. Monk stated that persons should check the property tax refund provisions each year. This refund is based on property tax and amount of income. Additionally if the taxes increase by more than 10% the person can ^ile for. a property tax refund. This is in addition to the other refund. Mr. Brambilla stated he is changing the classification from seasonal to homestead. Mayor Grabek stated the Assessor would also review the value of the property. 2. Einar & Florence Hagberg, 740 North Arm - P.I.D. 06-117-23 43 0006 Mrs. Hagberg stated their property value was $172,700 and she had appealed this value to the Assessor and he had reduced it to $169,200. She stated she would like to see the value reduced to at least $165,000. Mayor Grabek stated the Assessor would review. 3. Phil Dabill, 3067 Farview Lane - P.I.D. 04-117-23 33 0007 Mr. Dabill stated the 1990 value was $565,000. He stated he had requested a revaluation by the Assessor and at that time it was determined no change was in order. Mayor Garbek stated the Assessor would again look at the property. 4. Gabriel Jabbour, 985 Tonkawa Road - P.I.D. 08-117-23 21 0016 Mr Jabbour stated the valuation was a total of what he had paid for the lot plus the estimated construction cost on the building permit, which was $657,000. He had requested a revaluation by Mr. Smith and it was reduced to $643,500. Mr. Jabbour stated he had contracted an appraisal from Russell Smith and he has not had time to prepare formal appraisal but he has given me a verbal at $550,000 - $575,000. There were 3 comparison properites in th^s appraisal. Paul Smith will be provided a copy of this appraisal when it is complete for his review. 5. Carl Parten, 1025 Tonkawa - P.I.D. 08-117-23 24 0001 Requested a revaluation by Assessor. 6. Ormond Luger, 2696 Caroline Avenue - P.I.D. 20-117-23 24 0034 Mailing address: 4608 Gilford Dr, Edina 55435 Mr. Luger stated the market value of his property was $172,900 but felt $145,000 would be correct. Mayor Grabek stated the Assessor would review the property. 7. David Ridler, 960 Tonkawa Road - P.I.D. 08-117-23 12 0003 Mailing address 2925 Garfield Avenue South, Mpls 55408 Mr. Ridler stated he was representing his father David J. Ridler. He stated the property in 1989 had been assessed at $177,000 and this year it has gone to $348,200. This is a cabin with a dirt basement and built in 1913. Mayor Grabek stated the Assessor would review. 8. Tod Seibold, 4340 North Shore Drive - P.I.D. 07-117-23 42 0039 Mr. Seibold stated the value was $165,400 and he had purchased the property in October *89. After speaking to Paul on the phone it was determined that it had been assessed as having lakeshore, when in fact, the property has never had lakeshore. Mayor Grabek stated the Assessor would review the property. 9. A1 Draves, 350 Stubbs Bay Road - P.I.D. 32-118-23 42 0002 Mr. Draves stated his valuation for 1990 is $193,100 non agricultural. He stated he believed non-agriculture should be $165,000 based on the house being built in August of *76 for $81,000 total. Mayor Grabek stated the Assessor would review the property. 10. Donna Hager, 4580 West Branch Road - P.I.D. 06-117-23 23 34 0001 Ms. Hager stated the 1990 market value is $99,900. Mayor Grabek stated the Assessor would review the property. 11. Steve Lislie, 233 Northgate Road - P.I.D. 36-118-23 41 0049 No comments. 12. John Lein, 2700 Sixth Avenue North - P.I.D. 28-118-23 42 0002 Mr. Lein stated the 1990 market value was $219,600 but feels an appropriate value would be somewhere under $200,000. Mayor Grabek stated the Assessor would review the property. 13. John Farnham, 3225 Carman Road - P.I.D. 20-117-23 14 0009 Mr. Farnham stated he did not have any specific complaints but had a couple of questions. He asked if there was a City wide percentage increase on lakeshore property over last year? Paul Smith stated the lake properties were increased between 5 and 10% in land value and then all the properties that are recalculated. The front foot charge varies depending on the quality of the lakeshore. Mr. Farnham stated his surprise chat lakeshore value had gone up given the condition of the lake. It is in the worst condition now than it has been in the last 50 years, with the level, the weeds and etc. Bernhards.n stated that even though the City had been expecting the values to at least level off or even drop over the past three years the sales, which is the data the Assessors have to rely on, keep showing increases. Monk noted that what he had expected just has not happened yet. Although there are some isolated instances around the lake where a person can find small pockets but overall this is not the case. Mr. Farnham stated he wanted to think about having the Assessor review his property. He stated he had one final question. Stating he had heard that some of the cities around the lake did not see fit to raise the lakeshore, but Orono did. Is that a possibility? Monk stated that was not true. He stated that even though the cities have different assessor's their assessments go through the County Assessor's office and he would know. 14. Jim Stasik, 1270 Wildhurst Trail - P.I.D. 07-117-23 31 0015 Mr. Stasik stated he had two pieces of property one at 4470 Forest Lake Landing P.I.D. 07-117-23 24 0040. He stated he just purchased the property in January for $85,000. The Assessor has revalued the property at $101,000 but Mr. Stasik feels the property should be valued at the purchase price. The second property is P.I.D. 07-117-23 31 0015. The valuation is $295,000 and feels this is too high. This is lakeshore property but even with an 85 foot dock there is no water underneath it. Mayor Grabek stated the Assessor would review these properties. 15. Norm Oestreich, 4760 North Arm Drive - P.I.D. 06-117-23 23 0010 Mr. Oestreich stated his 1990 value was $94,700. He stated in October of 1989 he had the property appraised by real estate persons because he was thinking of putting the house on the market. The appraisal was $85,000. Mayor Grabek stated the Assessor would review the property. 16. A. Blakstvedt, 350 North Shore Drive - P.I.D. 06-117-23 23 0011 Mr. Blakstvedt stated the 1990 market value was $84,300. Mayor Grabek stated the Assessor would review the property. 17. Olga Taylor, 1880 Shadywood Road - P.I.D. 17-117-23 23 24 0004 Ms. Taylor stated her 1989 market value was $243,400 and in 1990 it is up to $253,500. The Assessor has revalued the property for 1990 and it is now $246,400. Mayor Grabek stated the Assessor would review the property again. 18. Rhonda Omlie, 1860 Shadywood Road - P.I.D. 17-117-23 24 0018 No comments. 19. Jan Blesi, 2064 Shadywood Road - P.I.D. 17-117-23 31 0015 Ms. Blesi stated the 1990 valuation is $191,200 and the 1989 value was $182,800 an increase of 4.6%. She had checked the value of close neighbors that were equal in size or larger and homes that were newer and their market value only went up about 3%. They called the Assessor to get clarification and he said there must be something special about this property. But in fact there is nothing special about this property and at that point we were told it is too complicated for us to understand how they we assess the homes, it would take the Assessor two years to tell explain it to them and if they didn't like it, take it to court. Mayor Grabek stated that a 4.6% increase is not much of an increase but there is a disparity between you and your neighbors. The assessor will review the property again and we will look into the manner in which you were treated. 20. John Maresh, 2085 Sixth Avenue North - P.I.D. 27-118-23 31 0019 Mr. Maresh stated he had purchased the property in December of *89 for $285,000 and the current market value is the purchase price. However he understood that the taxable market value is always lower. The property originally consisted of over 5 acres and we purchased 2.6 of those acres. Property in North Farm Road valuations fall into the $281,000-291,000 range and the actual sale value of those houses would be in the $349,000-350,000 area. He felt that showed there is a discrepancy between the market value and sale price. The same, he felt, was true in Salem Court. Mayor Grabek stated the Assessor would review the property. 23. Mr. and Mrs. Strickland, 735 North Ferndale Road P.I.D. 36-118-23 17. 0008 Mrs. Strickland stated the 1990 market value was $529,000. In conversation with Paul it was noted that the land value is $142,000. She stated she was not contesting the market value of house specifically however, she was contesting the market value of the land. This is lakeshore on Lydiard Lake, they have 2 dry acres out of just under 4 acres, the rest is marshland. They do not have direct access to the lake because of the marsh. The lake is being choaked by Purple Loose Strife and is suffering from the drought. Eventually the lake will disappear, in the last 5 years the lake has receeded its shoreline at least over 50%. CounciImember Callahan asked if they contested the combined valuation. Mrs. Strickland indicated yes. Mayor Grabek stated the Assessor would review the property. 22. Jerry Barthel - No comments. 23. Newell Weed, 1385 Orono Lane - P.I.D. 02-117-023 34 0003 No comments. 24. Jim Rivers, 1440-1444 Shoreline Drive P.I.D. 10-117-23 22 0004, 0005, 0006, 0007 and 0010 Mr. Rivers stated this is the property that comprises Windward Marine on Browns Bay. Mr. Rivers gave the Council printed material. He stated the property value was to be based on income and for the past couple of years the marinas around the lake are suffering because dock rental is down 50%. He stated customers are being driven away by bad publicity. Mayor Grabek stated the City did not want to see him go out of business. Counci Imember Nettles requested a copy of the court decision which states the income from the property, slip rental, would be the basis for the taxes. Mayor Grabek stated the Assessor would review the valuation. 25. Elizabeth Crear, 4701 Shoreline Drive - P.I.D. 20-117-23 21 0033 Ms. Crear stated the 1990 valuation is $274,000 compared to 1989 value of $266,100. She stated that because of the County Road 15 construction during 1989 she had lost two tenants and has not been able to lease this space. Mayor Grabek stated the Assessor would revalue the property. Assessor stated he would review the occupancy ratio and also the income expense. 26. E. C. Graham, Jr., 95 Leaf Street - P.I.D. 05-117-23 11 0005 Mr. Graham stated he had two values; ag and residential market value. He stated there is a 28 1/2% increase over 4 years on the ag value and a 21% increase over last year. The 1990 ag value is $282,300 and in 1989 it was $233,900. There have b^..n improvements to the home in the last 5 years. Mayor Grabek noted that the values had increased because of comparable sales it is not just if the person improved the property. Mr. Graham stated he had asked the Assessor to revalue the property prior to tonight's meeting and there had been no change as a result of that revaluation. He asked to see some comparables. Grabek stated the Assessor would be contacting him. 27. Carol Burgess, 2800 Phesant Road - P.I.D. 21-117-23 32 0004 Ms. Burgess stated she wanted to compliment the new Assessor on the prompt revaluation she had requested. She stated the value has been changed from $494,000 to $482,000, which is the same as the 1989 value. Stating, I think he reduced it because of the quality of the lakeshore. Ms. Burgess requested a breakdown on the value between the land and structures and also requested a further reduction. Mayor Grabek stated the Assessor would review the value. 28. Richard Edwards, 2480 Carman Street - P.I.D 20-117-23 12 0028 Mr. Edwards stated his value has increased from $308,300 in 1989 to $321,700 in 1990. Edwards stated he believed the correct value should be in the area cf $290,000 and asked for a revaluation. Mayor Grabek stated the Assessor would review the value. 29. John R. Gabrielson, 1065 Tonkawa Road - P.I.D. 08-117-23 13 0001 Mr. Gabrielson stated his 1990 value is $465,900 which is a 9% increase over the 1989 valuation. Stating tl at values have not increased over the previous year on his lakeshore. Feels the value is at le^st year's value, if 'ot lower. Mayor Grabek stated the Assessor vould review the valu^:. 30. Howard Casmey, 280 Hollander Road - P.I.D. 25-118-23 43 0012 Mr. Casmey stated that neighbor's house has sold for less then the market value. Mayor Grabek stated the Assessor would review the value. 31. W. Thomas Wheeler, 1160 Tonkawa Road - P.I.D. 08-117-23 13 0007 No comments. 32. Paul Skoog, 735 Dickey Lake Drive - P.I.D. 34-118-23 22 0007 Mr. Skoog stated he built the house in 1987 and the market value has gone from $175,000 to $215,600 in 1990. He stated neighboring homes are valued at a lesser amount. Mayor Grabek stated the Assessor would review. 33. David Dosse, 4225 Forest Lake Drive - P.I.D. 07-117-23 12 0025 Mr. Dosse stated the value in 1990 is $265,000. He stated he called Paul and he revalued the property. Mr. Dosse stated he had hired an appraiser to appraise the property. Mayor Grabek asked that a copy of this appraisal be given to the Assessor for his review. 34. Ray Hoffman, 1000 Tonkawa Road - P.I.D. 08-117-23 12 0005 Mr. Hoffman stated the 1990 value is $294,700 but feels the value should be lower. He stated the Assessor had lowered the 1990 value from $294,700 to $289,000 but feels that is just a token amount and does not reflect the actual value. Mayor Grabek stated the Assessor would review the property. 35. Ingeborg Cici, Busy Beaver Day Care, 875 Wayzata Boulevard P.I.D. 35-118-23 23 0005 Mrs. Cici requested a revaluation. Mayor Grabek stated the Assessor would review the property along with looking at the income statement. 36. Virginia Holm, 560 Deborah Drive - P.I.D. 31-118-23 23 0005 Ms. Holm stated the 1990 market value is $298,000 after Paul had revalued the property. She asked what comps were used stating that property across the street had sold and one about 1/2 mile away had sold for less than her market value. She stated the value should be around $265,000 until the basement is finished. Mayor Grabek stated the Assessor would review the property. 37. Larry Jones, 3605 North Shore Drive - P.I.D. 08-117-23 34 0011 Mr. Jones stated the market value in 1988 was $125,200 in 1990 it is $181,300. He stated he had done a comparison study, which he will give to Paul, based on the square footage. Mayor Grabek stated the Assessor would review the information presented and contact Mr. Jones. 38. Alan Carlson, 3125 Fox Street - P.I.D. 04-117-23 33 0011 Mr. Carlson stated the 1990 value is $869,300. Requested a revaluation. Mayor Grabek stated the Assessor would reveiw the property. 39. Scott Stein, 3575 Christine - P.I.D. 05-117-23 12 0018 Mr. Stein stated he purchased the home on June 12, 1989. He stated the 1990 market value is $420,000 for the structure and $80,000 for the lot. Assessor stated that he would l.vjk up the 1989 value and review that with Mr. Stein in addition to reviewing the 1990 value. 40. John Ericson, 1620 Shadywood Road - P.I.D. 17-117-23 21 0012 No comments. 41. Eva Jacob, 2725 Shadywood Road - P.I.D. 21-117-23 24 0004 Ms. Jacob stated she wanted to keep her right of appeal. She stated the 1990 market value is $241,800 and requested a revaluation. Mayor Grabek stated the Assessor would review the property. CounciImember Goetten stated she had received calls from residents that were very pleased with their discussions with Paul, stating he was very polite and helpful. Paul Smith noted for the record that he had a list of 35 parcels that had requested revaluation, but he was unable to review these before tonight's meeting. He requested this list become part of the record to preserve the right of appeal for these property owners. Aaministrator Bernhardson stated several letters had been received requesting revaluations by the Assessor. These letters will become part of the record to keep the property owner's right of appeal. Mayor Grabek asked if it was important to pick a date for reconvening tonight. Bob Hanscora noted that the Board has 20 days to complete their work and today is day one. Bernhardson stated this item was on the agenda for Monday night’s Council meeting and a date to reconvene the 1990 Board of Review would be selected at that time. ADJOURNMENT 9:05 P.M. Motion by Mayor Grabek, seconded by CounciImember Goetten to adjourn at 9:05 p.m. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk ________________________________________________ ...........:_________________9.y/.s - A^- ........ O.S'Jll.-.d'?- ^ - ____________________:>^^^..7.J^. .. ______________3S 2^ . ._Ct:7 _. ___ O'?— //7' ^3 - 5/ •OQ^'7 ___ _______________________ J9^S CS^. O'?- U-P'^Z-^Si- (06 _^,4;4>tV.............. ...................... C-/ ’^3 - d><{>4></ OS-/n-9^3,-‘^9 - dxpo-z 33d / l-:jn -d^. 3 - 9d- £>d?o^_^____ COd 7 . JiJ4<y\^... . ^,/V^y Oo7 ______ \ iT \ .:; d>?^ /?? -»cr Hi I.; !‘i _____________ - oG£>S \9(^~/t^'S 3- %-p 00 3 - <Poe>^ ' 3S~ ^3-/)~ oofi/ ,3^ - oo/y li 3/ /^' /S' Sl~K8 O0/-5 ................. 'i/ oo n - ,3V - JJ- !f^- ~ <*’<2^.^/ i; <P065i 75 jj- Cn<^u^ /iJ. ^ ____ R L(J 4iXe\.Jitf J /H T /2j/. ■^3^0 Aiuaiuti^ ^(^a^UXpKryf AJ , Qg'yi-etAgf j^/Leca<Oir___ _______^ ... _____3 ^ Zi.rULej^^Azj'-^.- ___ ______0 __________KilL 3i^-ii e'k-5-/a • )... -<SPHT I <^. ti/^cMosir^ ________ 7¥3~ /J V. ..........................j_____________ .13S ___ _________________________________________________________1 ____________________________S>.$5-^ ^Str^Jl^z g»3-4 ^/- £)0^d^ _____<?» 3 3 , /}in^i^-TtJ!c..Aj 3^ - /If-.. ^ J'- o &/.______^..M^^9rr7_____ g)p e? • ERIC H. PAULSONEXECUTIVE VICE PRESIOEHT AND CHIEF OPERATINa OFFICER 612/887-5222 OTY05 i April 21, 1990 2 7 1990 Orono City Assessor 1335 Brown Road S. Orono, MN 55391 Gentlemen: Due to my travel schedule I was not able to attend the local board of review for property taxes on April 17th. Living on a portion of the Lake that has become dry, I believe this evaluation, for at least the current year, is totally unfair and overinflated. It is critical that the city assessor come out an review what used to be my lakefront piece of property at 2605 Mapleridge Lane, Excelsior. I can be reached at home, 471-7606, or during the day at 887-5222. I will look forward to your response. rt:Lieberman Enterprises A subsidiary of UVE Entertainment incorporated Executive Offices: 9549 Penn Avenue South • Minneapolis. Minnesota 55431 • FAX: 612/887-5298 !.r 'ir atvoFORCN'O APR 1 e 1990 April 16, 1990 City Clerk Orono, Mn. 55323 Re: PID No. 07-117-23 42 0007 PID No. 07-117-23 42 0008 In a recent conversation with your assessor it was suggested that this letter be written to you as I will be out of town on April 17. I wish to protect ny appeal rights in regard to the u*5sessed valuations that are on the above property. In a recent appraisal to obtain secondary fin­ ancing it was thousands of dollars less than your figure. Sincerely, Dennis D. Landon 1375 Vine Place Mound, Mn. 55364 Perry & Perry Stehamt R. Perry Shamn M. Perry L egal Assistant JfMNNE P. Hei .iweg Attornkys at L aw 900 E. Way/.ata Bi.va Wayzata . Minnesota 55391 (612) 473-OUO HAND DELIVERED In AssoaAOON With Wiu.iA.M K. Wangensteen Attorney at L aw FAX: (612) 473-0W4 'APR 1 6 1990 April 16, 1990 City Clerk Board of Assessments Orono City Office PO Box 66 Crystal Bay, MN 55323 Re; Stewart Perry residence 2975 Casco Point Rd. Orono, MN 55391 R.E.PID #20-117-23-21-0045 Dear City Clerk; Please place my matter on the agenda for April 17. I spoke with your office today and explained that I would not attend but do want to protect my right of review by the County Board of Equalization. Although I will not quarrel with the amount of the assessment as far as fair market value (I think the home is worth at least that much) I do argue with the fairness of the assessment as it compares with other assessments in the City. (I will point out that I tried to sell it last year and the highest offer I had was $175,000) I believe that I am being assessed at a higher percentage towards fair market value than your own figures will show others are being assessed. I have a complete list of your newest assessment. (I think also raising the lakeshore percentage at a greater rate than non-lakeshore at a time of lower lake levels due to drought is illogical as values are reduced) I appeared two years ago before the City Board. I felt that the Mayor was arrogant and rude, not just to me, but to others, and do not care to subject myself to his arrogance again. I was disappointed that an elected official was so unresponsive or sarcastic to the people there that evening. I rather expect he is not like that when seeking votes. I think a better test of a person is how decent and responsive he is when he has the power to be a dink rather than how he bullies others who cannot fight back. That to me indicates a small person. I also think that Orono, with its assessment policies, has been responsible for long-time lakeshore city Clerk April 16, 1990 Page Two residents having to sell their homes because of the unreassonable tax structure. This is unconscionable. I do not think you should have the power to cause long time residents to be forced to uproot—while others who appear to be favored are enjoying unreasonably low tax rates. The County Board listened and reduced the assessment. I told them I would guess you would be back up to the amount before long. They told me to return if that happens. So I would like you to put me down as being rejected by you. I will appeal. This time I am more inclined to run it through its conclusion to show the disparate treatment that appears throughout the city tax roles, rather than to accept a reduction from the County. Maybe one person can make an impact city-wide. ^ITOjerely, / , '^Stewart/Perry SRP:py CC: Mayor of Orono Stcwaiit R. Pemry Shawn M. Perry Legal Asrirtants ! Shane C. Perry Joanne P. Heu.wic Perry & Perry Attorneys at Law 900 E. Watzata Blvd . Wayzata . Minnesota 65391 (612) 473-0130 July 27, 1988 In Arsocution With William K. Wancenstsbn Attornsy at Law Mr. Dale G. Folstad Recorder Hennepin County Board of Equalization A607 Hennepin County Government Center Minneapolis, MN 55487-0067 RE: Property ID; Dear Mr. Folstad: 20-117-23-31-0045, Orono Stewart R. Perry Thank you for your letter of July 6. As I told the appraiser orally, I accepted his appraisal. The purpose for this letter is really for the benefit of the City of Orono and to put in writing the concern I stated to the appraiser and his comment to me. Several years ago when the bank had appraised my property at $212,000 and Orono appraised it at $260,000, I objected. The appraiser and I agreed to a compromise of $240,000. The next year it was back at $260,000. I naturally felt like I had been had. I did not want a reoccurrence of this again and mentioned it to the appraiser. His comment was that he would hope Orono would not try to avoid the Board of Equalization Appraisal by doing that but that if it were done, my recourse would be to return again. This letter is written to you with a 'opy to the City of Orono just to keep a record. Sincerely, SRP:vlp Enclosures cc: City of Orono Stewart R. Perry ©IIP? City Clerk April 16, 1990 Page Two residents having to sell their homes because of the unreassonable tax structure. This is unconscionable. I do not think you should have the power to cause long time residents to be forced to uproot—while others who appear to be favored are enjoying unreasonably low tax rates. The County Board listened and reduced the assessment. I told them I would guess you would be back up to the amount before long. They told me to return if that happens. So I would like you to put me down as being rejected by you. I will appeal. This time I am more inclined to run it through its conclusion to show the disparate treatment that appears throughout the city tax roles, rather than to accept a reduction from the County. Maybe one person can make an impact city-wide. /' '^Stewart J Perry SRP:py CC: Mayor of Orono CITY OF ORCNO ] iHESITiJTl April 9, 1990 APR 1 7 1990 City Assessor 1335 Brown Road South Orono, MN 55391 Dear Board of Review: Gertrude and Gunther Noelting are out of the country now and will be out of town on April 17, 1990. This letter is to indicate that they would like to remain eligible to appeal to the County Board of Equi1ization. I am representing them while they are away and would like to have this letter allow for them to appear to the County Board. If there are any questions, please call me at 926-1156 (during the day) or 472-2062 (during the evening). Sincerely, Neil Weber HENNEPIN COUNTY REAL ESTATE^^_ 1990 VALUATION NOTICECITY ASSESSOR 1335 BROWN RD ORONO CITY OF ORDNO 55391 GERTRUD E NOELTING ilggg ITeTh "■’55356 r 1990 CLASSIFICATION RESIDENTIAL HOMESTEAD 1990 ESTIMATED MARKET VALUE PROPERTY,ID,NO^^^ A 08-117-23 13 0019 404^700 TUC UAI HATTON OF YOUR PROPERTY IS BASED ON REPORTED AND RECORDED MARKET ( ?%6“5ni'S!!l?^!o«;cSS;iSI! !?8<Ks SSt" ^mUTTMXIlON THAT YOU HAVE COLLECTED WITH AN APPRAISER. IF AFTER DISCUSSING YOUR INFORMATION J ? A atSTILL HAVE REASON TO APPEAL YOUR VALUATION OR CLASSIFICATION/ THE METHODS OF APPEAL ARE THE LOCAL BOARD OF REVIEW IS SCHEDULED FOR DATE 7^00^PM LOCATION ORONO COUNCIL CHAMBERS FOr'aN APPOINTHENT to appeal to the county ElOARO YOU MAY CALL 348-5076 BY JUNE 11/ 1990. \ General Merchandise Closeouts ■7^; Street • St. Paul, Minnesota 55108 Tel: 612-645-2495 • Fax:612-645-1056 jJryyJL fry ^ Jip~ /'yp^ LltI-ll^ \-4i/v^JLc VA^'^.'AA—^ A. rYV'~j3~J^^LjC^ /// 3oc), \Ar/ju^ d^\JL 0 /y\K^p(JdiA — / A - io^^UJ-±- Q^CiA^A^^^JLA . '~7Zh.^ Ul rYKlLALT-'-^nrr^_ u-JlL ophth (^JlrT~Xh^ /yy^_ ~kj~- y it y^ . ^ ^ ^0 • ^iCMac .TAXES: 2,511.11 NHS UvflPi ^ A«w»s» Second MorteagoProporty Valuo Analysis Report (This form may be used it the second mortgage will not exceed $ 15.000 and value is based on as is' condition.) T9I2nni ^'’^^ORROWER/SUBJECT PROPERTY INFORMATION Bob Liebernan Mao MAwAca ^ - 30 1 L»—H,A,«v— 3635 North Shore Drive ___Chao <Xia Ijll SF 1___1FUO CJ Ccn» LJ ^-4 UraM Orono r.—. Hennepin Hinneaota /.coo. 55334 PlttnaNuMa* 645-2495 Loan Annu>a lUgunUaJ S N/A w N/A VkASM Oanat £g>mal« rV .aua S N/A NoglHcun* j No ol BMiocni*] No ol BaO» j Famay Hoom o» ban OnMatnnj Ana QaFA|M'C«lF»l 1 1 awc^ 4 H fW 11 (‘arvor CanirA I - 4 2 ' 1 in... nrir..832 .,r,Tandem 2*Porch n ... . I' A-L... .. I- FIELD REPORT tocMn — l>tMI JL SuCUbAI UUD Onmm Rala S Fu*y Oaa 1 Oi«r n\;s%io TS% _rwi »»SMady Ptaiwny vwum an merwsp^]X SlaOM OarMnd/Suviy Shutsgs 1 ASaSm Makakng Tana Jt UndBT J Months — NIK2HBORHOOD PraMMUnJUM Clwv* A Ljik ) U m tveuarwunl Oco«ancy S«ie* fitnh PiKa I MV* rjm, Aga . \ I Farm, Hn^NW UkiAy So««A 60.000 •\ 2-4F«TWy fVogarly CoffeMiOWy OanarM AopMfOica ol A opwom *t»»ai _______________ Good tua fm l§§ _ V.4 250,00 0 I_I % Cwnioa ii.. %\«u<a _ fa N/A TM> to 100 I^MDmaMrl Ag* PwMmnanl VMu* S 130.000 IMw FraMfa H m Sm nM M 11 ttf futtti BiinMalS— •» Bw I Comminn'AAU^J in-v> IjciUit ijaajiau « .Jloti.g.rw»«Ut»A, i*.; uuuc .«•« j. popular La»e Minnetonka. Dwellings with lakeshore froncane sre at hi&h^ Vf Q.M .JLh*- - eater reaidencea vary from older cottage type properties to newer aodeac dwelling,.—Strong- - appeal for lakeshore property af any type. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SUBJECT PROPIRTY Agpnuxtula Ym( Qua IV^[^One One T,i» (OAjtnM. lUAM. »«n»ae ««c I !£SiJ Otfainiiwnow MMMi ac i .H*“1>1 ® ^ Eiiwav Wu* Mahhm .Wood lap Nuoiua«i.aAsphalt ahinifle MnOPCNTV RATSA!ijuuki A mi Fai I laaiMui ol £ .iwu l~ imtK pI ■ L..a<4Ml«a«v B Naa^iMlWOU c s Ai4tu.« ^*3 UM^rUtmt^n 1 270178 0010 C - Zone A. Screened porchs if»i»ouAi» lucAiAO A jMO0-o»«-a hoAaaHuuaffaijiu a <mI L—Imo LXJ >•$ SptcMiEiiAByEifOAVwm. Legal; Auditors Subdivision. #273. Lot 8. _Hetmeptn_CoiimCY.4. HM. and patio. Electric baseboard heat. Electrical service is 200 AMP.C.5. and plgpbing,_t.ft orginial The iBoroveaents to the property show significantCommitl IIJAAJOW ui Jiv .tMAl*M<«.*l ----ills, -------1-------K-----K_-----T“ aaounts of deferred maintenance and will he a ma lor drawback to mar>cetabiln:jL. Lot site is MARKET COMPARABLE ANALYSIS PRIOR TO IMPROVEMENT ITEM Addfsss 3635 North Shore Drive illililii!i:i'illiil]ii7!ii!i[ Dale o< SaM/Tima Localon SM/Va Conklun AOuwe Giaas Rown Count Giom Liviog Aiea Haalmo/Coolaiu Gaiags/Caiport Rycfiet Palo. Pooti. aic SceciAl Enerpy Etfeani Rams Oinw lau luienao wiup. lanuoiiiingi Nal AJt IIOUU) mociitad Vfaja at SaiOasci SUBJECT 12-6-89 Good________ l/6ac/50*LS 1900 Vui : Ikkas , Sa >a 832^ FI Electric BB Tan 2 car Screened parch N/A No bsat. COMPARAacE NO t 4365 Enchanted Pt. Shorewood Sold 9/89 3053 Lakeshore Blvd. Minnet onka_ _ _ _ _ __ UE'-'OllPtlON ~SoTd~2/89 Good l/3ac/57'LS; -5.000 1906 Fairr 894^^' Qil/HW/BB Pet 1 car »1.Q0Q Screened porch N/A Sinilar s 'll!" 4.000 80.000 COMRARAlJtE NO COMRARABLE NO J 1767 Uildhursc Une Mound ____________ west , 39,000 OEbCWRtlON 1« I I t A.wiiu.4 Sold 6/89 .Good_________ _l/4«ci40as, .L955 .ZZIf Average_____j. _ JlZ3ac/80'LS! -10.000 ^P00__l?LL -5.000 Avg,./Fair -2^00 luie U>— T i 2 ' 1 S7fl5uFi ; ♦2.600 IAl9§L. 80.100 90QwFi FA/Gas ■ il ^9% 1 None ^2,000 11 None 1 ♦2,000 _______________l -------------- N/A 1 N/A ! 1------------ Similar j similar ! 1 n* ^1-* 4.9oa n a n^- » 9.000 III III 1 I it ill 1 80.000 Gan.eaAA.« Alt three comoarablea bracketed the indLceted_VBiUB BBA Yttt BCCgtdtd MUBl VSisiltOanteConAiAO n* A tmaa __ ,, dwellinSS^mti in iu imwosi i^nLau i4tft VM wwmw' wm mm ii ■ , g •— —-w • ■ —" ''Ly’le'Tn'Nagell A Conpany, Inc. ird W. Luebben aariMATSBeANasT «aum , 80,000.00, Decesber 6, <989 tb. Apjirsiser. Peceeber 89 • Afac fam 70* faAKAMXIOauMafa'.MM ■ • •• :■ V .■ ‘ ..rl■ . ■ ..V# , • ■ . ■ ^V-‘> .. . ■ •.••• • :V INTERNAL -u wi a-!«. • >■ • 33e-949S MEDICINE WILLIS M.OURYEA. JR .M D.022 MAnOuerTC A vCNUC * 9UITC 20s • MlNNCAPOUtS.MlNN. '■# •■■• .•'. -*.. 4-17-90 Hennepin County Board of Equalization and Orono Board Re: 2705 Shadywood Rd, ID # 21 117 23 23 0003 I wish to preserve my rights to appeal the 1990 Estimated Market Value of $273,100. I recently contacted Edina Realty regarding possible sale of my home, and their reply after inspecting the home is enclosed. This is so far from your estimate, that I am sure this years estimate is not realistic In addition, past year estimates must be totally out of line. . ’t-. .■■-.* " • ■ • •• • . •* EDINA REALTY, INC. Wayzata/Lake Minnetonka Office 1120 East Wayzata Boulevard, Wayzata, MN 55391 Bus: (612) 475-2411 Res: (612) 472-1664 PAJTIJO HERMANN REALTORS, G.RL April 16, 1990 City of Orono To whom it may concern, On April 12, 1990 at the request of Dr. & Mrs. Willis Duryea, I did a Market Analysis on their home at 2705 Shadywood Road, Excelsior, Minnesota. LEGAL DESCRIPTION; That part lying Southerly of North Westerly 90 feet thereof Lot 25 Pheasant Lawn. In my opinion, the fair market value is S’50,000 to $170,000. Eighty per cent (804) of the value is in the land. Repairs to the home would be approximately $100 000 to get it ready to be marketed. I am sure that upon close evaluation of thp home you will see the condition. If I can be of any further assistance, please don't hesitate to call. @ (B Misti) SUITE 1190, B<00 TOWER S400 NORMANOAUE LAKE MOULEVARO • LOOMIMOTOM, MIRMEIOTA 88437-1070 ai</s«i-t<oo TACSIMILC 811-1*44 FAEGRE a BENSON 2200 NORWCST CCNTCR SO SOUTH SeVCNTH STRCCT MINNEAPOLIS. MINNCnOTA S8402-3S0I 8I1/318-JOOO 7ACSIMILC JJ8-1018 *800 RERU8CIC PLAZA 370 seventeenth street DENVER,COLORAOO 80*0*-4004 J03/S8*-S800 SUITE 800 1140 CONNECTICUT AVENUE N.W *01/7*8-OSS* rACSIMILC 7«8-OSS7 lO EA8TCHEAP LONDON EC3M lET, ENOLANO 071/8*3 - 8183 April 17, 1990 Property Tax Boai * Review Orono City Office 1335 Southbrown Road Orono* Minnesota 55323 RE: Property Taxes Payable in 1990 on PIN No. 11-117-23-32-0019 Dear Reader: We represent John S. Pillsbury* Jr. in connection with the property tax assessment on property identified as PIN No. 11-117-23-32-0019 for 1989* payable in 1990. On behalf of John S. Pillsbury* Jr.* we hereby appeal the assessed value of said property and ask that the property tax board of review reduce said assessment on the ground that it exceeds the market value of the property and is otherwise unfair and discriminatory. Very truly yours* FAEGRE & BENSON WAR/rg Enc/8987F V'/v>tbnvTfip A * Winthrop A. Rockwell cc: John S. Pillsbury* Jr. Thomas M. Crosby* Jr. />-, t ' HENNEPIN COUNTY 1990 PROPERTY TAX STATEMENT 0 STATE COPY MC 1330 Use this copy to claim Property Tax Refunds. Read back for information on refund eligibiiity and how to obtain forms. TAXPAYER OR AGENT JOHN S PILLSBURY JR 1300 TCF TOWER MPLS MN 55402 ovyNERJOHN S PILLSBURY JR ET AL moKRTYnBrnncAiiONNa :17-2 3 3Z 0019 MUNIC 38 Line 1: Amount to use when filling out your Property Tax Batund Form M-IPB ;ii^>Z24V5p DELINQUENT TAX If this box is checked you owe delinquent taxes and may not apply for the Property Tax Refund until the taxes are paid or a confession of judgement is en­ tered into. Contact our office for the amount due. New Improvements: Property Class: RESIDENTIAL HMSTD Market Value for: Payable 1989 Payable 1990 983,800 1,119,700 DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS HENNEPIN COUNTY GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487-0063 Office Hours • 0 to 5 • Monday • Friday Phone 348-3011 Hearing Imoaired with TOO Equiomeni 348*3461 TAXPAYER OR AGENT JOHN S PILLSBURY JR 1300 TCF TOWER MPLS MN 55402 °J0HN S PILLSBURY JR El AL SCHOOLPROPERTY IDENTIFICATION NO. 11-117-23 32 0019 Mt^g OIJTPIJ AOOITIONRGT ORONO POINT LOT 003 WATER SHED SEWER DISTRICT PROPERTY address MTQCODE LOAN NO 1. Amount to use when filling out your Property Tax Refund Form M-1 PR 30,224.50 DELINQUENT TAX If this box is checked you owe delinquent taxes ar may not apply for the Property Tax Refund until ir taxes are paid or a confession of judgement is e tered into. Contact our office for the amount due. New Improvements: Property Class: RESIDENTIAL HMSTD Market Value for: Payable 1989 Payable 1990 983,800 1,119,700 DETACH PAYMENT STUB HERE BEFORE MAILING THIS STUB MUST ACCOMPANY FIRST HALF PAYMENT. Pay on or before May 15. 1990 to avoid penalty. H ST HALF Please read reverse side fdr payment information. I PAY blUB I taxpayer or AGENT JOHN S PILLSBURY JR 1300 TCF TOWER MPLS MN 55402 If name ano/or address as shown above are not correct, check box and make corri ;tion on back of this form. MUNIC MTO 38 PROPERTY address loam NO PROPERTY lOENTlFtCATION NO.FULL tax for year 1 FIRST half tax 11-117-23 32 0019 30.224.50 1 15.112.25 231171132001900302245000151122523117113200194 I tte.lltut *»• wowi • . •1990 PROPERTY TAX STATEMENT TAXPAYER’S COPY PLEASE READ BACK OF FORAJ FGR’ PENALTY, PAYMENT AND ESCRCjW INFORMATION Your Property Tax 2. Property tax before reduction by state-paid aids and credits 3. Aid paid by state to reduce your property tax.................... 4. Homestead and agricultural credit .................................... 5. Other credits that reduce your tax...................................... 1989 32^651.16 3^278.98 725.00 .00 1990 38,664.19 7,685.76 753.93 .00 6.Property tax after reduction by state-paid aids and credits ........28,647.18 30,224.50 ✓/Where Your Property Tax Dollars Go 7 8,310.48 ? 952 AO 8,908.27 4,075.67 15,405.35 295.17 f • aO* Q Hicthrt 15,709.31 279.65 1,395.34 111Iv* IflA 1,540.04lUM. 1 1 44 pQ XA7 ifl 30.224.50ll. ■ 12.special assessments added to this property tax bill: bO/OHf• to 13. TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS 14. Pay this amount no later than May IS. 1990 .................... 15. Pay this amount no later than October 15. 1990 .............. 28,647.18 30,224.50 15,112.25 15,112.25 Make ChecK Payable to HENNEPIN COUNTY TREASURER DETACH PAYMENT STUB HERE BEFORE MAILING THIS STUB MUST ACCOMPANY SECOND HALF PAYMENT. 2pay "stub 1990Pay on or before October 15. 1990 to avoid penalty. Please read reverse side for payment information. TAxPAYen on aoent JOHN S PILLSBURY JR 1300 TCF TOWER MPLS MN 55402 MUMC 38 pnopcnrY Aooncss WTO cooe loan NiiMBER HMSTD PROPERTY lOENTlFICATlON NO. 11-117-23 32 0019 SECOND HALF TAX 15,112.25 231171132001900000000000151122523117113200198 faeigre: a benson 2200 NOBWCST CENTER OO SOUTH SEVENTH STREET MINN E^POLIS, MINNESOTA SS402-390I I ■ UITC IISO, *400 TOWKA •400 NORMANOAkC CAHC aOULeVAnO ■LOOMINOTOM, HIMMCOOTA 8843»-l070 811/338-3000 kCaiMILC 338-301 taoo 884081.10 8LAZA 370 SCveNTCCMTH ST8CCT OCNVC8, COI.08AOO 8080* -4004 303/S8I -•300 • UITC 800 1140 C08NCCTICUT AVCNUC N.W. WAOMINOrON, O. C. 80038 -40 01 8O8/780-O888 TACaiMILC 788-0887 lO CA8TCMCA8 kONOON CC3M ICT, CNOkANO 071 /883 • •■•3 April 17, 1990 Property Tax Board of Review Orono City Offices 1335 Southbrown Road Orono, Minnesota 55323 RE:Property Taxes Payable in 1990 on PIN No. 11-117-23-32-0018 Dear Reader: We represent Mrs. Ella P. Crosby in connection with the property tax assessment on property identified as PIN No. 11-117-23-32-0018 for 1989, payable in 1990. On behalf of Mrs. Ella P. Crosby, we hereby appeal the assessed value of said property and ask that the property tax board of review reduce said assessment on the ground that it exceeds the market value of the property and is otherwise unfair and discriminatory. Very truly yours. FAEGRE & BENSON Winthrop A. Rockwell WAR/rg Enc/8990F cc:Mrs. Ella P. Crosby Thomas M. Crosby, Jr. HENNEPIN COUNTY 1990 PROPERTY TAX STATEMENT STATE COPY MC 13X Use this copy to claim Property Tax Refunds. Read back for information on refund eligibility and how to obtain forms. DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS HENNEPIN COUNTY GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487-C063 OHice Hours - 0 to 5 - Monday • Friday Phone 340-3011 Hearing imoaireo with TDD Equipment 340-3461 tAXmVER OR AGENT ELLA P CROSBY 1220 BRACKETTS POINT RD WAYZATA MN HN 55391-9392 ownerELLA P CROSBY PROPCRTV nfNTIFICATlON NO. i 11-117-23 32 0018 VJNIC 38 Line 1: Amount to use when filling out your Property Tax Refund Form M*1PR taxpayer or agent ELLA P CROSBY 1220 BRACKETTS POINT RD WAYZATA MN 55391 OWNER ELLA P CROSBY property lOENTtFICATION NO. 11-117-23 32 0018 SCHOOL ADDITIONRGT ORONO POINT t lot 3LOCK WATER SHEO 3 SEWER DISTRICT property address 1220 BRACKETTS PO mtq CCCE loan no 19/691.24 j 1. Amount to use wnen filling out your Prooerty Tax I Refuno Form M-IPR 19/691.24 I DELINQUENT TAX if this box IS chocked you owe deimouent taxes and [ may not apply for the Proper*y Tax Refund until the j | taxes are paid or a confession of ludgement is en> i ! fereo into. Contact our office for the amount due. ' ' DELif^UENTTAX If this box IS cneckeo you owe aeimouent taxes mav not apply for the Prooerty Tax Refund unin , taxes are paid or a confession of judgement s — tereo into. Contact our oriice for the amount c_e New Improvements: Property Class: RESIOLNTIAL HMSTD New Improvements: Prooerty Class: RESIDENTIAL HMSTD Market Value for; Payable 1989 Payable 1990 613/000 749/000 Market Value for: Payaoie 1989 Payaole 1990 613/000 749/000 DETACH PAYMENT STUB HERE BEFORE MAILING HENNEPIN COUNTY1990 PROPERTY TAX STATEMENT ' ‘ 'PLEASE READ BACK OF FORM FORTAXPAYER’S COPY PENALTY, PAYMENT AND ESCROW INFORMATION ' Your Property Tax 1989 1990 2. Property tax before reduction by siate-oaid aids and credits ... 19/944.18 25/452.44 3. Aid paid by state to reduce your orocerty lax............................ 2/002.88 5/007.27 4. Homestead and agricultural credit ............................................ 725.00 753.93 5. Other credits that reduce your tax.............................................. ^ qq ^ qq 6. Property tax after reduction by state-oaid aids and credits........ 17/216.30 19/691.24 Where Your Property Tax Dollars Go T RD County ...................................................................................... 4/994.41 5/803.73 8. Cityortown .............................................................................. 1/774.32 2/655.29 9. School district............................................................................ 9/440.93 10/036.58 10. Henneoii. Parks ..............................................................■ a fl 168.06 192.30 10A. Special taxing districts .....................................................................................838.58 1/003.34 : _________________________ 11. Property taxes oefore special assessments .............................. 17/216.30 19/691.24 12. Special assessments added to this oroperty tax bill: 13. TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS........ 17/216.30 19/691.24 14. Pay mis amount no later man '-^^v’99o ........................ 9/845.62 15. Pay mis amount no later man’5. 1990 ...................... 9/845.62 MaKe Chec< Payao-e lo HENNEFIN COUNTY TREASURER 3ETACH PAYMENT STUB HERE 5E.-3RE MAILING FAEGRE a BENSON 2200 NORWeST CCNTCR OO SOUTH seventh street HINNEAPOUS, MINNESOTA SS402-390I • UITK IISO, a«00 TOWCP •400 nopmanoalc lamk ooulcvano •UOOMINOTOM, MIMMCaOTA BBAOT-lOTO • lt/»tl-ltOO rACS<MILC ■ uiTC aoo 1140 CONNCCTICUr AVCNUC N.W. wASMiNoroN, o. e. •0030*400i tot/ra»-o9»* April 17, 1990 WAR/rg Enc/8991F cc: George S. Pillsbury Thomas M. Crosby, Jr. Property Tax Board of Review Orono City Offices 1335 Southbrown Road Orono, Minnesota 55323 RE; Property Taxes Payable in 1990 on PIN No. 11-117-23-32-0017 Dear Reader; We represent George S. Pillsbury in connection property tax assessment on property identified as 11-117-23-32-0017 for 1989, payable in 1990. On behalf of George S. Pillsbury, we hereby appeal the assessed value of said property and ask that the property tax board of review reduce said assessment on the ground that it exceeds the market value of the property and is otherwise unfair and discriminatory. Very truly yours, FAEGRE & BENSON Winthrop A. Rockwelf^ 1 €0 to •- -o •“00 PO 0 0 0 lA tn• • • • •• r-to •« » 0 (M oo *» »• OJ «» 10 00 lA 0110 10 oj 01 lA% » ^ ' r>- JO fM Al r-(M 0 0 (9 5- to 0 0 »»0 00 2 o. to to *« oo 00 K>JO 01 ^ 0 0 0*to lA 5 to 01 »- «“ 'T «A lA 0 01 01 00 (M 0 lA%0 « « s «% V-tt <0 C5J ^ ^ IM (0 Mp • 5.1 S IIIIII o o . O) I- y~ Z tu p a “■ <(0 X ZQ. D CM oo UJu> > z < Q.z o u u < <n z ^ . li Ss -I “ ?5 H ■y *« SIif II 5 S fl ® (LCL >.2 11 II o| 25 ®; 5 ® ss^3 * o u eo C o J”|5 CO CM lA « O _l m -J' _j 3 m M o >A : u Z 3 ul »- Z 9 or O cn « O 5 UJ 30 K> ^ 5 o S o CDa Z s oi U-3 < <Ui “■ => 1j »-<< WOL X T- H(/) CC U.>z< a z o U U < </> 3z m 3 h- W w X i«|5 mu> ae o •J M ^ ^ S 10 ^ O lA 0» U X ui ^ X I K> a. o o S <>J 5 3S ^ IIB li »i rs. (i>2 Si I >2« I III iis 3 !S ^ S j5 c S’ liSiilt |« °5 '3(2 2'JSS S|SS a ili{!5K illiiiil si| s i 8 il^ 1^1I-*!piJ|S illasi III o 5|S 2 ® n»s2 c Q III < £2 i|a(35ac s 3 QU2 vw ^ S f g ? II £§,^ a. 0.0 “■go Sgs Si| SSi 2|S 8ii <u.<122 ?2S£ 2i “§ IUJ<^»- oc P O o| 3. |ii 1*1 tilg55g II || o ;5| ul 3 fl.^ |i'i: _• & •6 Ml?lit _ II; iiii u, § 00>®0» S S*2<3laiii^sf - letJill «|ao-|C •■5 a 4» ^ i®If22 ‘ISS ll|lj2P|i UJ las = 5^:1 o>^s I III ^>55<t i |5i §S-oci i Ui'Uu, 5 i§s § ill I OJ «. - pS 1^1 ISa Ii IS' (A li c (C E 3 V) 2 c > '■^ 5 £-22 <g ® « Iffi iiil^gg|jggi Q-II5 22 m ^ liS t/» __ t E ti 5.i| 1 !|1 si! c S ® 5^ I 13 2, «jS I ao S III s.« s i>* ■|«1 1 I s 3 S § 2 ?5a ® £ 3- I I £ • uiTe 1190. **oo Towcn •400 NOKMAMOAI.C UAKC aOUUCVAMO • LOOMIMOTON, MINMC90TA aa437-l07S aii/Bi>*<ioo rACSIMIkC ■*1-1*44 FAEGRE 8t BENSON 2200 NORWeST CCNTCR 90 south scvcntm street MINNEAPOLIS, MINNESOTA SS402-300I •■*/]]•-lOOO rACSiMiLC 2900 nc^uactc *laza 370 acvcNTCCNTM arnccr OCNVCR. COLOftAOO 90202-4004 303/692-6900 auiTC 900 1140 CCNNCCTICUT AVCNUe M.W. 4/A9NINOTON. o. c. 20030-4001 202/729*0992 rACaiMItC 729-0997 lO CA9TCHCA9 LONDON CC3M ler, cnolano 071 /92J - 919.' April 17, 1990 Property Tax Board of Review Orono City Offices 1335 Southbrcwn Road Orono, Minnesota 55323 RE: Property Taxes Payable in 1990 on PIN Nos. 11-117-23-32--0001 and 11-117-23-32-0013 Dear Reader: We represent Mrs. Corrine G. Pillsbury in connectior, with the property tax assessment on property identified as PIN Nos. 11-117-23-32-0001 and 11-117-23-32-0013 for 1989, payable in 1990. On behalf of Mrs. Corrine G. Pillsbury, we hereby appeal the assessed value of said property and ask that the property tax board of review reduce said assessment on the ground that it exceeds the market value of the property and is otherwise unfair and discriminatory. Very truly yours, FAEGRE & BENSON tiv Winthrop A. Rockwell WAR/rg Enc/8995F cc: Mrs. Corrine G. Pillsbury Thomas M. Crosby, Jr. ; ! 3 3 I 3 I-"i : £ B* I O 2 !S^ S tr ?I|s2p= CO2to I ^ 1^ li^ i}i^|i ■= 5 5 2 s ..- u C -I a l^lis IrJifP ifi'ljn f ^T3s £|S| Ss^lSsSj I "«I2« S5]gl|8|£" cI Is Slllilfll "e T3So| II ^•2gHi IsM5JS illg-M lls ?Hi 111Ilf I! m CCO-J §53?-S p iDo2 ISi ■•‘S§0) UigS 1^5.2 uj,. Z u.xOuj tiu££ Sgas UJ > X£S5S "r “*lill I l-fiis= i/) C X T5»alll |t!l ;-»8i ll“-=fii 8 Ul i|S Sl| |5s 5!ijS iiyfi S.|lc w ® » s ! «l- fflsn i f«|l I §ss8 isi £ Io> io ot n 0000 _iiii III I ocno.® ggy Off 9 V) ffi E I S' z I di12s > z 3ou s_ s| tfi i z>g||I lift !ll|- ill} ."III 1 2S isi 8 Si ?S ® O ® 5 «£ 3 01 ! s 1 *5 11 1 s g € 5 S I *^ a iS ® LII til cS iI? 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CM a o lA ►- (9 5 lA »:: 3m lA CM -I B O ^ UJ .« M 3 lA & O lA S UJ Cl X 5 ~ o lA c B O -I ? o lA a ? o ••■ X 8 1!If i!•«E S“l Si£ fil g AJ * aM i ^ Oo oooooooooooooooooo lA oo oo M>'a to! ooooo CA Ai ooooo tA oo • UiTC II90, 6400 TOWCn 6400 H06MAM0AUC LANS 60UUCVAI90 6LCOMINOTON, MINNC60TA 88437-1076 rACtlMlWC 6tl-tl4A FAEGRE a BENSON 2200 NORWCST CENTER 90 south seventh street MINNEAPOLIS, MINNESOTA SS402-390I ei>/3S« -JOOO rAcaiMiLC ua-iota taoo acAuauic plaza 370 SCVCNTCCNTH STRCCT OCNVCP, COLORADO aozoz -4004 303/aez-aaoo • UITC SOO >140 CONNCCTICUT AVCNUe N.W. WAS4INOTON. O. C.Z0030-400I lot/’Tta-oaaz rAcaiMiLC 7za-oa*7 April 17, 1990 lO CASTCMCAP LONDON CC3M ICT, CNOLANO 071 /a«3 • aiaz rAcaiMiLC ac3>3<a7 Property Tax Board of Review Orono City Offices 1335 Southbrown Road Orono, Minnesota 55323 RE: Property Taxes Payable in 1990 on PIN Nos. 11-117-23-32-0009 and 11-117-23-33-0001 11-117-23-32-0011 Dear Reader: We represent Mrs. Eleanor L. Pillsbury in connection with the property tax assessment on property identified as PIN Nos. 11-117-23-32-0009, 11-117-23-33-0001 and 11-117-23-32-0011 for 1989, payable in 1990. On behalf of Mrs. Eleanor Lawler Pillsbury, owner, and John S. Pillsbury, agent, we hereby appeal the assessed value of said property and ask that the property tax board of review reduce said assessment on the ground that it exceeds the market value of the property and is otherwise unfair and discriminatory. Very truly yours, FAEGRE & BENSON WAR/rg Enc/8992F Winthrop A. Rockwell cc: Mrs. Eleanor L. Pillsbury Thomas M. Crosby, Jr. cce 1su.O CO o tr lU !? UJ zg :socou. it Z LU > 0. O 0 (/) cr LU1 X 1 ■Xx I «#o o AJ 00 ^ AJ AJ ^AI OO o o M A-. (A Kl ^ ^Kl•••••• • • • •• r^o AI o <o A>AI lA AJ »- »- A. <0 *»AJ lA JO 00 O » *» w CD%%« \ 00 AJ K1 o#fl AI o o OO Wl to 0> ^ O'OO OO o o OO O' 00 « K)• •• • •• • • • •• N.T“V eO'OOO'A- AI o ro « Kl »- <0 »»•A A-w O A. 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(A 2 »-£( ?: §1 2 O 2 o c ^ .ill illi ir?|iJJ=- III!illi §» Sfu II» s II> I 2| i'2nsi 11 6 3 flo 11 a E I %s 0 £ a« 1 >> I SUITC 1190, a«00 TOWCM S400 NOWMANOALC LAMC aOULCVAMO ■ LOOMINOTON, MINNCaOTA 90437-1076 ai</oti-«too FAEIGRE a BFINSON 2200 NORWES1 CCNTCR 90 SOUTH SevCNTH STREET MINNEAPOLIS, MINNESOTA SSA02-300I ail/139 lOOO FAcsiMat J3a-30ia »CPUOLtC PI.AZA <^4T*CMTH OTACeT lAOO OOlOl-4004 •1-••09 aulTK 900 1140 eONNCCTtCUT AVCNUC N.W. WAaMINOrON, O. C. <0039-400' 10t/7<a-099t PAcsiMiLC 7ta-oao7 April 17, 1990 to CAftTCHCA^ CONOON CCOM ICT, CNOLANO 071 /6« J • OiOJ Property Tax Board of Review Orono City Offices 1335 Southbrown Road Orono, Minnesota 55323 RE: Property Taxes Payable in 1990 on PIN Nos. 10-117-23-14-0003 10-117-23-14-0002 10-117-23-13-0020 10-117-23-13-0006 10-117-23-13-0007 10-117-23-13-0017 10-117-23-13-0018 10-117-23-13-0019 10-117-23-41-0001 CITY OF ORCNO___JniEHQ^lUj APR 1 7 1990 Dear Reader: We represtjnt David M. Winton in connection with the property tax assessment on property identified as PIN Nos. 10-117-23-14-0003, 10-117-23-14-0002, 10-117-23-13-0020, 10-117-23-13-0006, 10-117-23-13-0007, 10-117-23-13-0017, 10-117-23-13-0018, 10-117-23-13-0019, and 10-117-23-41-0001 for 1989, payable in 1990. On behalf of owners David M. Winton and Helen S. McKnight, and agent David M. Winton, we hereby appeal the assessed value of said property and ask that the property tax board of review reduce said assessment on the ground that it exceeds the market value of the property and is otherwise unfair and discriminatory. Very truly yours. WAR/rg Enc/8985F FAEGRE S( BENSON Winthrop A. Rockwell cc: David M. Winton Thomas M. Crosby, Jr. egu o £ >-Q.ou 05cr UJ < o o o o s ^ » O I ► O I in « eo rw *o o K> iN f f.'iit S £ * S|558o 2li £ii III -S2 :H I I f ! 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April 17, 1990 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attention: Paul J. Smith, City Assessor Re: P. I. D. #17-117-23-31-0011 Gentlemen: 1 CITY OF ORONOmmmm APR 1 7 1990 As we discussed by telephone, we feel the estimated property value is high, and at your direction we are writing to preserve our right of appeal. W. Thomas Wheeler 1160 Tonkawa Road Long Lake, MN 55356 January 17, 1990 HAND DELIVERED HAND DELIVERED City Assessor 1335 Brown Road South Orono, MN 55391 Orono Board of Review Orono Council Chambers 1335 Brown Road South Orono, MN 55391 Property ID No. 08-117-23-13-0007 1990 Estimated Market Value $449,800 Gentlemen: We hereby appeal the valuation of the above described property. We are unfortunately unable to attend the entire April 17, 1990 Orono Board of Review proceeding in person. However, please note our appeal. The assessor has determined an alleged 21.4Z increase plus a 26.7Z increase plus a 6.23Z Increase in market value of this property over 30 months. This caused an alleged 63.5Z increase in market value of the property over the past thirty months, as follows: Value As Of Increase Resulting Tax Dollars Percent 275,100 1/2/87 6,799 334,200 1/2/88 59,100 21.40 8,622 (In August 1988 we bought this house) 423,400 1/2/89 89,200 26.69 10,439 449,800 1/2/90 26,400 6.23 God knows The above three consecutive Increases are disproportionate to other property value increases in the area. The increases unfairly discriminate against this particular property merely because it has been sold twice in the past three years. Other properties on our road of equal or greater square feet and acreage, lake frontage and value did not receive similar Increases by the assessor merely because those other properties have not been sold recently. Properties owned by new residents are singled our unfairly as easy targets for the assessor. Orono Assessor Orono Board of Review April 17, 1990 Page 2 Re: Property ID No. 08-117-23-13-0007 1990 Estimated Market Value ^449,800 As new buyers we relied on the assessor's 1988 real estate market value and 1988 taxes of this prospective home as being relatively stable and representative of the assessors views and methodology in arriving at assessor's values in the community. It is absolutely unfair to jack up the values on new purchasers while the assessor allovs decades of comparatively minor escalations for the established residents who don't sell. In view of the 21.4% Increase from 1987 to 1988 and the 26% Increase imposed by the assessor in 1989 over 1988, we ask that the Board of Review roll back the value to the old 1988 value of 1334,200 for at least one year. Unless every other property owner in our area has their values Increase proportionately from 1987, our property is being singled out in an arbitrary and capricious manner. In view of the values of other properties n our road, plus the recent low lake level, the milfoil, the 394 construction, the drought, the muck, the awful weather, the dredging by Maxwell Bay Marina, our reliance on the 1988 assessed value and the unfairness of the whole gad-blamed system I think that is the least that should be done. Let's all vote for ^334,200 as being fair shall we? Yours truly. W. Thoii.as Wheeler JOHN G. BENDT lI20Tonkawa Rd. Long Lake. MN 55356 Aprll^??, h& 1990Mr. Paul Smith City Assessor City of Orono Dear Paul: Pursuant to our discussion regarding the 1990 market evaluation of my home located at 1120 Tonkawa Road, I would like to offer additional Information to further support my position that the assessed value of $379,000 f''c my property is too high. City records for market evaluations completed In 1989 for the 1990 tax year show comparable Tonkawa Road properties to be as follows: Address Approximate Land Value Shoreline Ft. Value^ShorelIne Ft. John 6. Bendt $223,700 135 $1,657 1080 Tonkawa $237,000 175 $1,354 1030 Tonkawa $144,500 110 $1,314 1185 Tonkawa $137,300 135 $1,017 1085 Tonkawa $184,000 135 $1,363 1105 Tonkawa $184,000 175 $1,051 1075 Tonkawa $156,500 135 $1,159 Average of Comparables $1,210 My land value at the average value per shoreline foot ($1,210) would be $163,350 ($1,210 X 135 feet) or $6C,350 less than the 1989 assessed value of my land. Subtracting this difference frorw the 1989 total assessed value of my home and land yields a total value as follows: Total 1989 Assessed Value =» $356,300 Minus Land Value Difference 60,350 Revised Total Value $295,950 The 1990 assessed value of my land and home per my latest statement equals $379,000, up 6.4% from the 1989 assessed value of $356,300. Applying this percentage Increase to the revised value stated above, yields a 1990 total value of $314,890. Paul, I believe the above analysis shows that my property's assessed value has been significantly overstated, and should be adjusted to a more equitable figure of $315,000. Sincerely, tAuMcsa v.ackmakOCHALO t MAONUaON COWAMO M OttMNC WCLVIN I.O»tN«TtlM noacMT j.smcman (•■ACL I.KnAWCTZ CUOCNC KKATtNO JAMCS a.MA»TINCAO MlCMAMO J. riTZOCaAlO JOHN A. roaasST WILLIAM C. ^OX JOHN J. CONNCLLV jcaaoLD r icaorAL* DAvio M.Lcacoorr JOHN H.tTROT)MAN OAVIO O NCWMALL KUNTIS A.OaCCNLCT aoacMT V. ATMoac aATNiCR OCLAHCr MONALO a. VANTINf JOHN a.WINSTON LAUNANCC a.WALOOCH THOMAS H.OAaatTT III OAATLC L. uah OTF OAVIO J OAVtNAONT MANX a.JOHNSON aiCHAao A.aaiHUTM a.WALTCB SACHMAN Thomas L. fABCL JcrracT m.scmmidt timotmt m. auTLca aoacaT a. mitchcll . ja. J. MICHAEL DAOT J. KEVIN COSTLET aoBEar j.hantman JOBENM O. HOHLia aiCHAao D. MCNEIL OONALD C. SWENSON aaucE A. aoNjoua JAMES A. MCCANTHT STEVEN J. JOHNSON aiCHANO IHNIO CAROL T. aiEOca aoOER'CK I.MACKENIIE WILLIAM c. TLTNN JAMES W. REOTEa MICHAEL S. MAROULIES THOMAS O. LOVETT IV THOMAS C.OLENNON JOHN R.HOUSTON OENNIS M 0*MALLET EOWARO J. WEOERSON LINDQUIST & VENNU 4200 IDS CLNJZf MINNtAPOUS, MINNESOTA Sf(«M-220B TCLCPHONC :6l2l 371- rAX: iei2l 371-3207^ CABLCi un law MINNCAP< WAY2ATA orricc 740 CAST LAKE STREET WAYZATA, MINNESOTA 85391 TCIMII \rtmLCMINO WRITCP*5 DiPtCT DIAL NUMBER 612-473-4208 kUNO • COAN 'ARTtN R. ROSENBAUM ELINOR C. ROSCNS^CIN ROSANNE M. WIRTh OERRA A. RAOE Michael 0 ola ^son JOEL H.CREEN OAVIO L. HALLCrr CHARLES R. RIIIRMCR. JR. Than m. RVE MCCONNELL sallt s.orcssman TIMOTHT r. raer TiMO'tMT s. MCINTEC joserm a . Thomson ANN L. IIJIMA ELI2ABETM G. ART sallt j. WMlTCSlOE RATHARfMC H. HELMS WALLACE O. HILRC CHARcES R. MOCRSC RATI JO ROTAML LURE H. TCR h AAR RARCN L SC h RCIRER CHARLES J. LLOTO JAMES A. LODOEN Susan r. monrmeter JON c. tranosruo TimoTht t. wono Ran Ot o.oullicrson Sarah Durr halvo RSOn RANQRA rim WILLIAM R. MIROR ROBERT t. TUNHCIM ANStS V. ViRSNINB LAURA L OALT or cdunrcl UEONARO E. LiNOOUtRt NORMAN L. NEWHALL THOMAS VCNNUM April 10, 1990 Mr. Paul Smith, City Assessor City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Spring Hill Land Company Limited Partnership Dear Paul: While I do not yet have the missing items referenced in my letter M you dated March 30, 1990 (copy enclosed), with time passing I J 'pH-' need to submit this letter of protest on behalf of my client. I represent Spring Hill Land Company Limited Partnership which purchased the Spring Hill land late in 1989. Enclosed is a sheet showing the different PID numbers which comprise the Spring Hili land. Based on the arms length sales transaction which occurred in late 1989 Spring Hill Land Company Limited Partnership states that the value of this land is $1,452,000 as of January 2, 1990. Please accept this letter as a protest to the extent that your total market value for all of the parcels combined exceeds that amount. Without your having generated the 1990 valuatian notices for each of the parcels, it is difficult to be precise about reguested reduction as to each parcel, but in general it would appear that your valuations are approximately 25 percent high based on the data. If there is anything further that Spring Hill Land Company Limited Partnership needs to do in order to protest the 1990 valuations, please let me know. Please enter this letter in the records of the city council proceedings on April 17, 1990 when the Orono City Council meets as a Board of Review. Thank you. Very truly yours, LINDQUIST & VENNUM Robert G. Mitchell, Jr. RGM/skr cc: Spring Hill Land Company Limited Partnership Mark E. Bernhardson, Orono Administrator^-—^ kAU*CaB V.ACMMAM OiaAkO C MAOMciaON KDWAAO M.OICMHOW MCkVIM I OMCNSTCIN ■ 0«(*T J.SMCaAM ISMACL f.««AWtTI Ki/OCMC ACATINa JAMCa A.HABTIMIAU ■iC maao j. riTxocAAi.0 A. rOMKCaT wikiiAM c. roa JOHN J COMMCkk* jcAAOkO r ■cKorAkA OAvio M.kcacoorr JOMM H.STAOTHWAM DAVID a. NCWHAll AUATIt A aACC>»kCT DODCAT V. ATMOAt MA*A<C a OCLAMCV ■ONAkO O.VANTINC JOHN ■ WIMltON kAUAANCC A.WALOOC m TMOMAt M.OAAACrf Ml DAAVtC k. UAMO^f DAVID j.Oav C mAOAT MAAR A.JOHNaON A.CMAA- A AAlMU^M A.WAkTIA BACHHAM TmDma S k. RABCk vCFrBc* a.bchm 'DT TII«0"W» A. BUTkCA AOBCA' S MiTCACkk.JA. J MiCMAX; OAOT J. Hcvik ceatkC* AOBCA'' J. AAATNAA JOBCAO B ROMkCA A iC maas O h <n C il DOMAkD C BWCMBON BAuCC A. BOHJOUA JAMCB A. tHCAATMT BTtVCN J. ^©ANBOM AlCMARO IMAlQ CAAOk T. BiCCCA AOOCAiCR I.MACArNlIC • IkkIAM C. rCVNN JAMtB •. ACUTCA MlCAAtk B MAAOUkICB TmOha B G. kOvCTi IV Tmoma B C. GkCANON JOnA R. nOuB^ON OCMMIB M.O'MAkkCT CDVIARO J. WCOCABON LINDQUIST & VENNUM 4200 IDS CCNTCR MIHNCA^LIS. MINNESOTA S5402-220S TCLXSHONt ISI2I 371-3211 rAX; ISI2I 371-3207 CASkCt UNLAW MINNCAXOLIS watzata orricc 740 CAST LA rC STBCCT WATZATA. MINN CSOTA 85391 WRITER'S OiRCCT DIAL NUMSCR 612-473-4208 OAV>B A AkkOCTCA TCAACHCC j. CkCMlND AOk' *«0A BIC h AAO T OBTkUNO OCBOA am m.ACGAM WAA^IM A.AOBCNBAUM C..IHOA C AOBCNSTtIN BOBamh C m wiRT m OCBA« ft AAGC M CMACk O OLAfBOM JOCk a .oa CCM DAVID k MAkkCTT CMAAkU A OLAVCA.JA DAVID k BAjBCVIkkX DAVID A. DOMNA jONArMAM H BTC MAA- A. HftCONNCkk BAkkT B. OAOBBMAM Tih OTmt a . BACA TimOTht B. imimTCC vOBCA m a . tmOmBON AMM k. IIJIMA CkIZABCTM a ABT BAkkT J. WMITtBiOC RATMAAINC H. nCkMS wAikAcc a MikAC CMAAkCB A MOOBBC AATl JO AOfAMk kURC M. TCAMAAA RAACM k. BCMACIBCA CMAAkCB J kkOTO JAMCB A kODOCN BUBAM A. HOnrm C tCA JON a. trahobauo TimOTmt t. wOHO Band * G. BklkkiCRBON Ba A am DUTT MAkVOABOM Bamoaa aim WikkiAH A. MIROa ROBCAT C. TUMMCIM AMBIB V. VlftSMiMB LAUAA k. DAkT e* couMGCk kCONARD C kiMDOUiBT NOAMAN k. MCWMAkk ARTlAIO THOMAS VCNMUM April 2, 1990 f Mr. Paul Smith, City Assessor city of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: spring Hill Land Company Limited Partnership Dear Paul: We need some more information about 1990 market values and taxes pay2Lble in 1990 regarding the above. We have the data for PID 35-118-23-11-0001. We have the data for PID 26-118-23-44-0003. We are missing the 1990 valuation notice for PID 26-118-23-41- 0002. We are missing the 1990 valuation notice for PID 26-118-23-44- 0004. We are missing the 1990 valuation notice for PID 25-118-23-31- 0002. Based on the 1990 estimated market values in the 1990 valuation notices we have to date, please schedule a meeting to discuss the value of this property as of January 2, 1990 as soon as possible. Please give me a call to schedule a time and place. Please send the missing information before the meeting. Enclosed is a copy of the deed and the Certificate of Real Estate Value for your information. Thank you. Very truly yours, LINDQUIST & VENNUM Robert G. Mitchell, Jr. RGM/skr cc: Spring Hill Land Company Limited Partnership HOI laai!!.----------Property Market !l R/E Market R/E i Value '90 i| Taxes Value *91 Taxes ! i #3^-118-23-11-0001 ) /db 1 i 1 Ml!j 1 1 i ■ ' 1 't ( !i r i : . 1 !r 1 ;1 ■!i i h : i 1 ■■ ~ ............................................................. 9 .: iM 1 .: 1 L ! 1 ___^___L_i M 1 : ■ ■ ; i ’ 1 1 iM 1 1 i i 1 i ' ! 1 'M3 #25-118-23-31-0002 ( !| M M ■!' ' i ‘ 1 i! i i J ‘•7 /J7.:. J/ I'.'S /i .! : 1 ' ! i !1 ^ 1 ! 1 i ' ' !i i 'ri ■i 1 ,i i li mm ! 1 ; 1 ‘ ! 'i i' 1 : i ! ' Mi ■' 1 ' 1 1 ■ ' ? j #26-118-23-44-0004 -------1-iM 1 ! ■ ! i . 1 . : , i 1 ^ i . . ■ ii 1 ; i ! :1. : ■;i !1 • ; .1 1 ' . 1 ,_,i !i '! ;1 1 : ■ ' ! ' 1 !#26-118-23-41-0002 : la QPCi 1 . .1 11 ^ !‘ :i 11 1 _i i: I ::1 i Ii i_L 1 [ ,ii '_' ! i 1 M ' 1 i 1 i iiT 1 ; l::|i ' ! '! ^' ^ ! 'I !» L. 'r. #25-118-23-33-0002 /M21^3 5^1 1 ^ ' iiM I 1 1 i 'i ; ; ■: ■ •'•--'4?g'; !*7aS (#^8ue AJj Drono n j 1 ; M 1 1 i ! i ! .: , 1 1 : :j ; ‘ !1 i ■ 1 1 ' [J i ...^ l| i 1 1 ' ' i !i ^i ! !Mi i !1 i I 1 : i M i M ^--------------------------------rm7 —3L^0,3C£> i *1 .i t ‘ i !: M i' - ' 1 i ' * Sprfn<\ fel flc^70<^— /— : ' 1 i ‘! i i'J u J M i 111 L ■ t i i J .:: Mi !! 1 . 1 M M 1 ! 1 I _1 • !^ 1 .;! U T 1 ■! ^,■ ' ' i ;!„i,LlL : 1 : 1 #25-118-23-33-0001 \;i39.Aa'o 1 ii :! ;J 1 : ^! :,.:L !. 1 ! i 1 i ~r ;1 i ; 1 !■'1 i ' ‘ !!1 ■ r-i '•i ;1 1 IL i 1 i 1 ! 1 ' ’ j ■_i_1 [li.! !1 ' 1 j 1 1 1 i : ' i'i'! i i i 1 1 j j ': r 1 T i i 1 *' ' !11 ; : j 1 i i i 1 1 1 ; ]J i 1 —i ; 1—:------ 5 i , !^! '1 ' !Ii j_1 ■ '1 !1 :i'1 ii i 1 1 i 1 u 1 i 1 ■! '! •' '1 ■ 1 -----j------ 1 I J ; ■i i t ■J ! t j n ! i TT;i i ■' ii i !n i , .11 ■; !'1 : .i • 1 i i ’ :i. I'1 - j :i :!' * i i { !T i 1 ! 1 U 1 •iH _.ij 1 i ! i '1 { i 1 ' I t ■1 ! I 1 M 1LLJ __ 1 LJj I rr-=r^-=: •'ll i i i !IL-------1; ^ i 1 i..i— 'I fwm P€-20 (R«« 2/09) AMEJIDED Certificate of Real Estate Value §pTfng ‘'Company Limited Partnership Sgring Hill Land Company its general &5B'"lOTan Mound St. Wayzata, MN 55391 Daytime Phone Numoer 473-3332 Seller s La*i Name. Firet. Middle inuiai Spring Hill Center Address P.O. Box 288 Wayzata, MN 55391 Daytime Phone Numter Street Addren iral Ro.-'.w Of Properly Puich«Md City or Tr ^nship County 725 CO h^t Road 6 Orono Hennepin See attached. Type of Acquisition (check all boxes which apply) r~1 v<9u and tti)«r art raiaii««« or 'tiaiM ouamastaa (~l Buyer II a raitQiouf Of cnariiaeia orgamaation r~l Buyer I* a unit ol goy«rnm*r<i I I You ConOemnea or *o'ec'ot*d Of! tn* D>oo«’!r 1 I vyjof nam* added to or co-o«ner * rrame teirored irom deed mot a saiei r~l You surcnaied oartial .fttere*! oriiy r~l Date Dufcnajed agreement iigryed 11 Oner two yean ago (Fill in year r~l Prooerty n a gilt or inneniance r~l 'fou lecewed ofooeriy m a trade If you checked any box above, skip the rest of this form, sign it and fill out schedule B Type of Property Transferred (check all boxes which apply) l~*1 Land Only Planned Use of Property (check one box) yj Land ind Bui'dingi n Contiruciion ol a new Building completed liter January 1 ol year ol laie r~l Peiicenuai imgie 'iuo<ei trioieii [~~l Agricultural Apartr-ent iNumoer o» uniti. in Commercial-irdullnal ’«oe ol Bu».ne$a —_ r~l CaDin or Recreational r~l Oiner Die i describe oeiowi Financial Arrangements (instructions are on back of yellow copy) 1 Total Pyrcnase P"ce $2,100,000.00 2 Amou'^t of ProO^rty from A 0« CACS Of VM% sn««t) $438,000.00 Date Seiler Sgned Purcnaie Agreement 6/30/89 a Down Payment $2.100,000.00 i Pijmti or Preoaid interest Paid By Seller None Points or Prepaid interest Paid By Buyer None Describe each mortgage and contract for deed used to purchase this property IS tnis a Conlracl or Assumed Mortgage > Mortgage O' Cont'act 'or Deed Amount at Pu'cnase Moniniy Payment 'pr P' ncipai and inreresi interest Pale iin E'feet Nowi Total Numoer ot Payments Data ot Arty Lump Sum iBaiiooni Payments Tea No □ □N/A a □ □ . □ □ to II a mortgage or contractapi dPBd is not a yanaBie ma'set 'aie Oui me 'arms oi oayment are scneduied to ctiange an a ined date, iiii m iia iine oumoer irom aoo«e me monm and yearo< the change, and what it wtil cnange 'o 'Or allac" 3 cop'es ol payneni scneduiei Fill out schedule B on the back of this sheet to determine the amount of your deed tax > me on form i COrrtCt rorT'0<»f« tO me T:e%f my incJ fyo# name of ofrton %*gning tr»ijk torr«Duncan N. Dayton, President of General Partner Signature Phone Numoer One ‘u ;i ' !•■} j —!i Acre.r ..-Vr [ • a •!" f • L l‘ 1 eiog J 473-3332 3/30/90 Department of Revenue Use Only -r 1 »1 irt j j Ja., jtM _____ . _ i 1 ! ! icj Vv iU L 1 iA- 1 u’i'n I' -D. ^'i 'll' DEPARTMENT OP REVENUE COPY .f*w« M*. f li-HrAWHAIlTV 01 ’ C-wfMcMMN o» f «• CofpcrMiM m f »tn»nni«/] S613743 I S No dalinquMit usM tnimumtfmVuwd', Certificate of Reel Ertate Value ( ) not required Certificate at Real Eeteti^al^ No— .. -------- .. 19-JQ£L: i SM .CoMruMlat aUiUM lltTai Cs.» ^iCJ /Wmmmjwspiuo ------- ^ / - -et -yo MIE S. mmlrzrz^, - rr^ uditor Deputy STATE DEED TAX DUE HEREON: $ 6 q:iQ-QQ Soptombor 22 ,19®®. •V ; ®es0f7unrsssassissi C»TT*€r.f'>;TA»Oi* • kwunlfi.^ JAN -5 fM 41 1$ .urc.^, 5613744 SJM<90U ‘ 15 SJWeOIC'IS M«i3744 OQC (10.X (reMived for recardinf data) FOR VALUABLE CONSIDERATION. Spring Hill Center* n Mi maaota , a non-orofit corporation under the lawi of Limited Partnerahio , Grantor, hereby conveys and wanante to Soring Hill Land Company Limited Partnarahi.D Henneoin under the lawe of Minnesota O ^ .Coucty, Minnaaote, deaenbed as follows: , Grantee, a , real ptopaity in O o Exhibit A attached hereto, O 0 ^4- Cs\(\iri I ) ICO cn i^l*ther with el) hereditamenu end appurtenances belonginf thereto, subject to the following aacaptions: HE)#«£PIH CDU T'i' PfiDPCFTV TAX 06P hH OCEO TAX PAID 10/06/09 i:05PH PAID lit inert iptct •« ntteed. eontwut on bodii ® attached hereto. SPRING HILL CENTER* S-vi- o I Affix UttHl Tex buinp il«tre ^iu ^ /v \ ' V,^ I co C4 I CO STATE OF MINNESOTA COUNTY OF Hennepin By RX^ ciek^ ^ ^iggCXcM- lu SJC j -^A^lsu^ ...! The foregoing was acknowledged before me this 22nd day of September .19_fti.. hv tDUft<itU. thn t-'//'• nir-.i-i And y f t€ t€\ r Cy ^ »e§ • at Sprlnq Hill Center *A nQn-nmfi^ rv^rmrAt ion I NOTASiAL sTASse oa saAL <oa omaa rma oa sahk ) jg'EATHLKN 1 SOROKA•wf**? n«MC - -—iiou NtHNSSMCOteeV "■‘"•w'»—»»ij ieei (.VI v!; ............• ur Aja>W3teteu ( THIS wsTBUMairr was oaLASTSO ar in Asia a «o AOoaaae)i Towle Real Estate 330 Second Avenue South nina9apo4.;.e, MN 53401 suwATvaa or riaaoM taxom sbs'./ssa.'* Spring Hill Land Company Limited Partnership 7*/0 l5l»rv4- cWc mS^ BOX 151 • WAYZATA, MINNtSOTA 55301 • 473-8846 April 17, 1990 City of Orono Office of Assessor Mr. Paul Smith PO Box 66 Crystal Bay, MU 55323 Dear Mr. Smith; Ret 1990 Estimated Market Value on PID #'s 36 118-23-43 0001, 36 118-23-13 0003, 36 118-23-44 0012, 36 118-23-42 0003, 36 118-23-44 0013, 36 118-23-34 0001, 36 118-23-34 0002, 36 118-23-13 0002, 36 118-23-44 0001, 36 118-23-14 0010, 01-117-23 12 0003, 01-117-23 12 0001, 01-117-23 11 0001, 01-117-23 21 0001. Wayzata Country Club hereby informs you of its intention to appeal the assessed market value of the above stated parcels. We received a letter from Mr. Kerman Benson t f the Hennipen County Assessor’s Office stating our 1990 estimated market value on Monday April 16, and therefore we are not prepared to make our appeal to the local board. However, it is our understanding that we may appear before the Hennepin County Board when it meets if we file our appeal first with our local board. Sincerely yours. Jc^ji A. Downey General Manager PARSINEN BOWMAN A LEVY A professional ASSOCIATION DENNIS A. BOWMAN JOHN PARSINEN ROBERT A. LEVY ERIC 8. SCHULTZ JACK A. ROSBERG LEON I. STEINBERG RICHARD I. DIAMOND GEORGE R. SERDAR E. BURKE HINDS S. TODD RAPP KAREN CIEGLER HANSEN HOWARD J. RUBIN DAVID R. MYLREA JEFF ROSS Dau: 100 SOUTH FIFTH STtlBT SUTTEIIOO MINNIAPOLIS. MLNKESOTA 55402 FACSIMILE MESSAGE DAVID A. ORENSTEIN MICHAEL B. DAUGHERTY DIANE L. KROUPA DAVID A* GOTLIEB JOHN C. LEVY JOSEPH M. SOKOLOWSKI MITCHELL SCOTT PAUL AMY C. FLOYD TIMOTHY J. CLEARY KATHLEEN DOAR BRUCE B. JAMES OF COUNSEL 17-^0 To Fax Phooa No: Nama:___ __ C i T14. w7 i-C5/0 Firm Namt:^. From Namt: u FacsifflikNo: (612)333-4798 TelcpboMNo: (612)333-2111 If YOU HAVE ANY PROBLEMS RECEIVING THIS MESSAGE, PLEASE CONTACT: DIRECT DIAL NUMBER FILE NO IL. JOHN »A«*IMeN momrmr a. kcvv CMie •.•CHUbT» JACA A. nosacMa bCON l.>TSiNSCaO Ht'CMAAO I. BIAMONO aitOMOC A.scnoAA EiiauUMC HIND* a^Toee »a «»» haacn ct«ab«M namecn hOWAna AuaiM UAW orriccs PARSINEN BOWMAN & LEVY A AAoreaaioMAL AasociATipw lOo SOUTH rirTM street SUITE MOO MINNEAPOLIS. MINNESOTA S5<*02 TCkcvMONC laiii a3»«tiM rAC*IMI4.C (■III AS3>a»aA WAiTrA'S OIXKCT OiAL NUMaCA jcrit AQS9 OAvin A. oAcwaTEiw MtCHAKI. a.OAUOtlBATV OlANK k. KAOuAA BAMIO A.OOTklEa JOHN c. kCvy joacAH M. aoHei.OM«arti MiTOHKi.k acorr aauw AMv e. Akoyo TiMerny j.OkKAAy AATMkKCN aOAA (612) 342-0360 AprU 17,1990 BY FACSIMILE City Assessor Village of Orono 1335 Brown Road South 'Irono, MM 55391 RE: Dorothy C. Levy 2425 North Shore Drive Wayzata, MN 55391 Property I.D. No. 09-117-23 44 0003 Dear Assessor: This office represents Dorothy C. Levy in tax court file TC-891 l (89), challenging the 1988 assessment for taxes payable in 1989. That matter is currently on active trial status with the Minnesota Tax Court. Unfortunately, our client is out of the country for 10 weeks commencing March 19, 1990. I have received a notice that the Local Board of Review Is scheduled to meet tonight, April 17, 1990, at 7:00 p.m. in the Orono Counsel Chambers. Confirming my telephone conversation with the City of Orono, please accept this notice as Dorothy C. Levy's challenge to the 1990 esUmated market value of $654,000. This challenge is intended to preserve all rights of Dorothy C. Levy with respect to the Hennepin County Board of Equalization hearings. Thank you for your cooperation. If you need any information or have any questions, please do not hesitate to contact me. Very truly yours, fp ^ ^ Richard I. Diamond RID/lmo dd-507 cc: Dorothy C. Levy MINUTES OF ATTENDANCE 7:00 P.M. MAY 1 4 1990 The Council met on the above date with the following members present: Mayor Grabek, Council members Callahan. Councilmember Nettles arrived atEMfft™Vhe following represented the City staff; City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, Police Chief Kilbo, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* City Administrator Bernhardson requested that item #21 be removed from the Consent Agenda. Councilmember Goetten indicated that she too wished to discuss item #21. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of item #21, which was removed and discussed in the order appearing on the Agenda. Motion, Ayes-4, Nays-0, Motion passed. OATH OF OFFICE Bernhardson introduced Ricky Karnitz, part-time police officer, and Jay Dembouski, full-time police officer, to the Council. Bernhardson administered the Oath of Office to the Police Officers. Mayor Grabek and the Council welcomed the Officers on board. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the April 9, 1990 Regular Council Meeting. Motion, Ayes-4, Nays-0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT; LMCD COMPREHENSIVE PLAN - REVISED DRAFT* This is an informational item ♦’->r the purpose of presenting the Public Review Draft of the LMCD „ong-Term Management Program to the Council for their review. PUBLIC COMMENTS: There were no public comments. - 1 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING ADMINISTRATOR'S REPORT: #1334 REBERS CONSTRUCTION SUGAR ffpOIJS PLAT ^ LOT 2, BLOCK 2 REQUESir FOR LOOP ftOAD Mr. Sid Rebers, Mr. Stephen Pflaum, Attorney, Mr. Richard Lang of Steiner & Koppelman, Inc., and Mr. Hugh Maynard, Attorney, were present for this matter. Bernhardson explained that the purpose of this is to give further consideration to the driveways to be placed on selected properties within the development. Mabusth stated that the amended driveway plan proposed for Lot 2, Block 2, necessitated backing onto Sugarwoods Drive. This occurred because the original plan submitted with the building application had other paving improvements within the front setback area that cannot be classified as a driveway. Mal-;„sth said that the Chief Kilbo advised that once the person backs onto Sugarwoods Drive he/she must continue in the proper flow of traffic, or will violate State Law. Mabusth stated that it is necessary to provide an on-site turn-around. She showed Council three options to achieve this using portions of the front setback area where site conditions require placement of the house right at the front street setback line. Mabusth explained that Choice #1, which provides a loop driveway, would have the least impact on the setback area and existing trees for this specific application. Mabusth informed Council that other lots in the development will require the same special considerations. She said that staff will prepare a resolution that sets forth criteria to address these special cases without the need to bring each individual case back to Council. Mr. Lang confirmed that he too is concerned about encroachment into the 50' protected area. He said, "When we clia3red the site for the house, we relocated 14 trees from that area into the protected area. The people buying the house want to see everyone of those trees standing." Bernhardson noted that these changes are not variances to the Zoning Code, but are modifications to the subdivider's agreement. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to direct staff to prepare a resolution pertaining to the criteria for consideration of future driveway modifications and to approve a loop driveway for Lot 2, Block 2, based on staff's recommendations. Mr. Maynard hoped that the motion did not include approval of the resolution. Mabusth advised that staff was being asked to bring back a resolution for approval. Councilmember Callahan noted that the Planning Commission was very instrumental in the review process of this subdivision. He - 2 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1334-REBERS CONTINUED suggested that the criteria to be included in the resolution be reviewed by the Planning Commission prior to Council review. Mayor Grabek amended his motion to include Callahan's suggestion, and Goetten seconded the amendment. Motion, Ayes-5, Nays-0, Motion passed. #1411 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET SUBDIVISION A. ROAD NAME B. APPROVAL OF ENTRANCE MONUMENTS Mr. Mark Gronberg and Mr. Kevin Norby were present on behalf of the applicant. Bernhardson noted that the applicant's first two choices for a road name were in conflict with existing roads. "Laurel Drive", "Laurel Circle" or "Laurel Lane" is acceptable. Mabusth stated that the larger of the entrance pillars is 6'6" rather than 6'. The smaller pillar is 2' rather than 4'. Mabusth noted that entrance monuments would be placed at Street entrance as well as the Fox Street entrance, stated that the entrance monuments will be located on residential property. The applicant has been advised to grant an easement to the Homeowner's Association to enable them to maintain the monuments. the Leaf Mabusth private. It was moved by Mayor Grabek, seconded by Council' -’..'.ber Nettles, to approve the entrance monuments for the Fox Bend plat, and to approve Laurel Drive, Laurel Circle or Laurel Lane for the Fox Bend plat if the applicant approves. Applicant shall have the opportunity to make another selection should the above mentioned not be acceptable. Motion, Ayes-5, Nays-0, Motion passed. #1428 OTTEN BROTHERS WILLOW/HIGHWAY 12 FINAL SUBDIVISION, REZONING AND COMMERCIAL SITE PLAN A. FINAL SUBDIVISION - RESOLUTION #2794 B. ORDINANCE AMENDMENT 83 SECOND SERIES - PUD REZONING C. APPROVAL OF SIGNAGE PLANS Mr. Rob LaFavor, official representative for applicant, and Mr. Robert Mitchell, Attorney for applicant, were present for this matter, as was Mr. Joel Walvatne. Bernhardson informed Council that minor language changes have been made to the PUD documents and more have been requested. The applicant and staff agree with the revisions that have been, and are yet to be made. Bernhardson asked the Council for conditional approval. He noted that Mr. Walvatne is the Contract for Deed holder of property currently owned by the Gates. A - 3 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428-OTTEN BROTHERS CONTINUED letter from Mr. Walvatne was received at the beginning of the meeting and distributed to Council. Bernhardson requested that if approval is granted, that it would be conditioned upon resolving the issues involving Mr. V7alvatne. Mr. Mitchell asked Council to vote on this matter based on the information previously submitted and allow him to address Mr. Walvatne's concerns as a separate matter. He said, "As far as we are concerned we are agreeable with the City and are ready to go forward." Mayor Grabek asked Bernhardson what changes have been made. Bernhardson replied that one change involved the sewer and water agreement. The purchase of the well for $5,000 will no longer be an election, but will be required. Another change will be made pertaining to language used to describe the sewer and water phases. A change will be made to the PUD document to state that it will be the governing document should conflicts occur from document to document. Callahan stated that it appears that these changes have been agreed upon. He asked why, however. Council was being asked to give final approval when in fact the final documents have not been completed. Mabusth stated that until today, staff and applicant believed that the subdivision was finalized. She said that just prior to this meeting staff Ioo*.ned iir. Walvatne's concerns. Callahan indicated that he was not referring only to Mr. Walvatne's concerns, but also to the revisions Bernhardson had noted earlier. Mr. Mitchell noted that those revisions constituted a very minor portion of the lengthy documents and that the parties were in agreement. He also stated that Mr. Otten has a desperate need to start construction. He urged Council to allow staff to complete these last details. Councilmember Goetten asked Mr. Mitchell to address the situation involving Mr. Walvatne. Mr. Mitchell said, "It was our understanding that Mr. Walvatne has been in agreement with us for the last 9 months regarding the land swap and road placement." Mr. Mitchell presented a sketch and reviewed for Council the proposal to swap land with Mr. Walvatne. Mitchell said, "As of 4:30 today, it was my understanding that Mr. Walvatne's only concern was the location of the evergreen trees that will be used for screening. It has always been Mr. Otten's intention to place the trees on - 4 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428-OTTEN BROTHERS CONTINUED top of the hill. Mr. V^alvatne wants the trees to be located further down the hill and the road moved more toward the south. I have tried to explain my client's position regarding the location of the road in relation to land available and the requirements of the City." Mr. Walvatne said, "I am expected to give land for screening that is meant to protect me. I don't feel that it is my responsibility to provide that land." Mayor Grabek asked Mr. Walvatne if it would be possible to work with Mr. Otten to reach a compromise. Mr. Mitchell suggested that the trees could be placed on the other side of the road on Mr. Otten's property. Mr. Walvatne replied, "Due to the 12' - 15' hill, I don't think the tree-- v/ill offer much screening." Mr. Mitchell said, "Of course, that is why we originally offered to place the trees on top of the hill." Mayor Grabek said that he understood that Mr. Walvatne did not wish to give up his land for nothing. However, Mr. Otten is offering to provide the trees for screening at no cost. Mr. VJalvatne explained the situation in more detail. He indicated that he has already given more land than he had wanted to give. He also said that Mr. Otten had removed a portion of the hill and though he had promised to restore it, he had not done so. Mayor Grabek said that Council would be unable to vote on this matter this evening. He added that the City has worked with Mr. Otten for some time and has found him to be a reasonable man. He believed that it should be possible to resolve this matter. Mr. Walvatne agreed with Mayor Grabek and said that it was not his intention to delay Mr. Otten. Mr. Mitchell offered to have Mr. Otten plant trees on both his side of the road and on the hill. He said, "We will plant trees on our side of the property first and should you feel it is necessary, we will come back in a year or so and plant trees on the hill." It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to table this matter. Mr. Mitchell explained that due to the urgency to begin construction, tabling is not desirable. Mayor Grabek stated that there is a need for further negotiating with Mr. Walvatne. He said that Council - 5 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428-OTTEN BROTHERS CONTINUED cannot vote until that iusue is resolved. Mr. Mitchell asked whether the City would allow the road to be a lesser width. Mayor Grabek said that such a decision could not be made this evening. Mayor Grabek asked Mr. Walvatne where he would prefer to have the trees located. Mr. Walvatne asked that they be on the north side of the road within the 60' that has been designated for the road. Mabusth noted that usually the City asks for 50' of right-of-way. In this case they are requesting 60' to allow for a bike trail on the north side of the road. Bernhardson informed Mr. Walvatne that if the trees are planted on Mr. Otten's property, Mr. Otten will own the trees and can remove them at any time. Bernhardson stated that if Council agreed with all other aspects of this matter, with the exception of Mr. Walvatne's concerns, they could give approval. He said that withoi Mr. Walvatne's approval, the plat cannot be finalized for f.ling. That issue could be resolved without the need to del'y Mr. Otten until the next Council meeting in three weeks. Mr. Mitchell stated that he would be happy to meet with Mr. Walvatne and staff to get this matter resolved to the satisfaction of all parties. Mayor Grabek asked staff what the consequences may be in the event that an agreement is not reached with Mr. Walvatne. City Attorney Barrett said, "I don't believe that the City would be in any jeopardy with respect to the plat. The plat cannot be filed until it is signed. Council could conditionally approve the plat and if there is no resolve to Mr. Walvatne's concern, the matter can come back to Council." Mayor Grabek stated that he would be willing to give conditional approval. Councilmember Goetten asked whether there were other issues that needed to be addressed. Bernhardson said that the changes he had noted earlier had been agreed to and were no longer a concern. Mr. Walvatne asked whether it would be possible to move the road. Mayor Grabek believed that it would be quite an involved process to do so. Staff confirmed that. Callahan withdrew his motion. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to give conditional approval of the final subdivision, dependent upon agreement between the two parties and the signing of the plat. Nettles asked Bernhardson to review again the revisions being made with the City. Bernhardson reviewed the changes. Callahan asked what effect any changes made to solve Mr. Walvatne's concerns would have on the plat, and whether it would be necessary to come back to Council. Mabusth said that any amendments would occur to the individual plans that consist of the PUD agreement and would not affect the plat. Motion, Ayes- 3, Peterson, Goetten, Nay. Motion failed. Mr. Mitchell said that 4 votes in favor are required or the project does not proceed. Mayor Grabek stated that he was not aware that 4 votes in - 6 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428-OTTEN BROTHERS CONTINUED favor were required and perhaps the other Councilmembers did not realize this. He asked whether a motion could be made to reconsider. City Attorney Barrett informed Mayor Grabek that a motion to reconsider could be made by the prevailing side. Councilmember Callahan suggested that a motion be made to table this matter. Councilmember Goetten explained that she was not comfortable voting in favor at this point because there appeared to be too many unresolved issues. Mayor Grabek explained that conditional approval would only provide Mr. Otten and Mr. Walvatne an opportunity to resolve this matter without the need to delay Mr. Otten's construction plans. He said that conditional approval would have no bearing on Council. It would be in the hands of Mr. Otten and Mr. Walvatne. It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to reconsider this matter. Motion, Ayes-4, Goetten, Nay, Motion passed. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to conditionally adopt Resolution #2794 and Ordinance 83 Second Series, approving the final subdivision and PUD Rezoning for Otten Brothers. Councilmember Goetten asked if Council would have an opportunity to view the final agreement. Bernhardson stated that he would apprise the Council of settlement between Mr. Walvatne and Mr. Otten. Motion, Ayes-5, Nays-0, Motion passed. City Attorney Barrett stated that it had come to his attention that there is an existing conservation and flowage easement on the property which must be vacated. Barrett said, "At the last meeting Council vacated the drainage and utility easements. However, I have been unable to determine whether the conservation and flowage easements were included in that vacation. In order to exercise caution, we are asking for a separate vacation." It was .loved by Councilmember Nettles, seconded by Councilmember Peterson, to vacate the Flowage and Conservation Easements which currently exist on the Otten Bros, property. Motion, Ayes-5, Nays-0, Motion passed. APPROVAL OF SIGNAGE PLANS Mabusth explained that the applicant is asking for special consideration to place a sign 10' from Willow Drive. Mabusth said that the PUD agreement states that if the sign interferes - 7 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE 11428-OTTEN BROTHERS CONTINUED with the maintenance of Willow Drive it must be removed. Grabek asked about the size of the sign. Mabusth replied that the sign will be 16' high. Goetten asked why the Planning Commission had not reviewed this. Mabusth replied that due to the PUD, this request did not involve a variance, but rather a special setback approval. Peterson asked how this varied from Mr. Wear's property. Mabusth explained that Mr. Wear's property was subject to B-1 Zoning District standards and Otten's was subject to more restrictive standards of the B-6 Zone. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the final signage plans for Otten Bros. Nursery subject to the conditions set forth in the PUD agreement. Motion, Ayes-5, Nays-0, Motion passed. #1494 FRANCIS LIGHTLY 3585 FREDERICK VARIANCE RESOLUTION #2795 Mr. Mrs. Lightly were present. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2795, approving the average lakeshore setback and hardcover variances for Mr. and Mrs. Lightly. Motion, Ayes-5, Nays-0, Motion passed. CLARIFICATION OF HARDCOVER REGARDING EAVES & OVERHANGS Bernhardson explained that this matter is being reviewed due to building permit applications that have been received. Gaffron showed sketches of what each application proposes. Gaffron said that the existing Code defines hardcover as, "any structure, blacktop or other material that interferes to any degree with the direct absorption of rainfall into the ground". Gaffron recommended that a 4:10 ratio of width to height above grade be used. Mayor Grabek stated that if the structure can be utilized as living space, it should be included as hardcover. He said that eaves are not considered living area. Gaffron said that it is necessary to establish a limit for - 8 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 EAVES AND OVERHANGS CONTINUED eaves*, in order to treat each application fairly and properly administer the Ordinance. Goetten referred to the example of the supported overhang and said that it resembles a porch. She said that porches and decks are considered hardcover. The applicant involved with one of these applications Bockmann, was present with his builder, Mr. Gary Dack. Mr. Mr. Dack explained that the reason for the overhang is to avoid the need for a side setback variance. He said that he was informed by staff that the second story addition must conform to the setbacks. Mr. Dack said that the overhang will have the same effect on rainfall as a 5' eave. Mayor Grabek asked why the applicant chose to proceed in this manner rather than applying for a side setback variance. Mr. Dack said that Mr. Bockmann has a buyer for his other home and has no time to delay construction on this structure. Goetten stated that the overhang proposed is hardcover. Mr. Bockmann asked if there was a compromise or a direction from Council as to what would be acceptable. Mayor Grabek stated that he would prefer to see a cantilever without the supports. Grabek said that he would not consider eaves as hardcover. Councilmember Callahan disagreed. He believed that eaves, at some point, should be considered hardcover. Callahan suggested that more consideration be given to the issue of eaves. Mayor Grabek stated that in order to give this matter further consideration, he would need more information. He suggested that staff research the way in which other cities address this issue. Callahan asked Gaffron what the advantages or disadvantages may be of measuring from the roof line for hardcover. Gaffron agreed to research this matter further and bring the information back to the May 14, 1990 Council meeting. - 9 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 MAYOR/COUNCIL REPORT: EARTH DAY 1990 - RESOLUTION 12796 It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2796, establishing Earth Day VJeek in the City of Orono. Motion, Ayes-5, Nays-0, Motion passed. PARK COMMISSION APPOINTMENT Mayor Grabek asked each of the candidates to make a brief presentation to the Council. He suggested that the appointment be delayed until the May 14 Council Meeting to allow Council the opportunity to consider each candidate. There were two candidates present, Ms. Sherokee Use and Mr. Steve Gardiner. Ms. Use was first to make her presentation. She stated that she has two children and has a personal interest in Orono' s park system. She stated that she has volunteered her time to other entities and believes in giving 100%. Ms. Use said that she has worked with the School District in the past. She said, "One of the things that I can bring to this position is a connection which I believe has been missing. That is a connection with the School District in looking at community fields and other projects. If appointed I would like to attend the School Board Meetings as a Park Commission representative." Councilmember Goetten stated that Ms. Use had made some very good points. She asked Ms. Use if she will be able to give the Park Commission position all of the time it will demand. Ms. Use indicated that she would have time to serve. She said that it is important to do homework when one is involved with this type of entity. She said that she has developed a network of sources to aid her with research and information gathering and that makes her time more efficient. Mr. Steve Gardiner introduced himself. He informed the Council that he knew several people that were involved with the Hennepin County Parks. He said that through conversations with these people he realized that serving on the Park Commission would be a fun and interesting way to serve his community. Councilmember Callahan asked Mr. Gardiner what he did for a living. Mr. Gardiner replied that he is a computer consultant and that he works for various companies in the Twin Cities. Councilmember Callahan asked Mr. Gardiner about his family. - 10 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 v,OMMISSION APPOINTMENTS CONTINUED Mr. Gardiner stated that he is married with no children. There were no further questions from the Council. Mayor Grabek thanked Ms. Use and Mr. Gardiner for being present this evening. CITY ADMINISTRATOR'S REPORT: COMMUNITY HEALTH SERVICES/PRESENTATION Mr. George Bowlin, Hennepin County Health Department, made a slide presentation regarding the various services provided by the County Health Department. Mayor Grabek thanked Mr. Bowlin for presentation. informative FACILITIES PUBLIC MEETING REVIEW Bernhardson suggested that Council submit the names of persons that may be interested in serving on the citizens advisory committee. He said that all but 18 names will be eliminated by a random selection process. Bernhardson presenter, a draft letter that would be sent to each of the 18 persons and asked Council to review it. Bernhardson also provided Council with information regarding the cost of a media relations program. The program would involve mailing information to the community as well as doing a telephone survey. Bernhardson said that the cost of the first mailing, including a phone survey and support work for the citizens advisory committee would be approximately $3,000.00. The second mailing would cost $1,000.00 for a total anticipated cost of $4,000.00 Mayor Grabek agreed that the instruments of communication are important, but at this time all of the facts are not known. He suggested that everything possible be done now to begin the process of formulating these instruments. He said that nothing could be mailed out until further information is determined. Bernhardson asked Council if the initial $1,500.00 cost was acceptable. Mayor Grabek had no objections to the cost. Councilmember Goetten had no objections to the $1,500.00 expenditure, but agreed with Grabek that more information is needed before mailing occurs. Mayor Grabek explained the selection process for the citizens advisory committee. He said that each Councilmember would submit the names of 4 men and 4 women. He said that - 11 - E L,i MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 FACILITIES PUBLIC MEETING REVIEW CONTINUED Council would try to address all levels of income, geographical location, and age. The names would be placed in a hat and drawn out until 18 names were selected. Those persons would participate in the analysis of the facility, the construction, site and communication with the citizens. Mayor Grabek suggested that the drawing be set up so that there will be an equal representation of men and women, location, age, etc. Councilmeu.ber Goetten asked what staff will do in the event that any of the 18 persons initially selected chooses not to participate. Bernhardson said, "We will probably pull the entire lis. jf 40 names and send letters to the first 18. If we get some rejections, we will go down the list until we have 18." Mayor Grabek suggested that the persons selected be contacted by telephone first. A follow up letter could be sent if the person wishes to participate. This was an informational item and there was no motion. ENGINEERING SERVICES REVIEW Bernhardson presented information for Council to review regarding a review of engineering services. Councilmember Goetten asked for information as to whether our present Engineering firm has environmental engineers on staff. Bernhardson noted Goetten's request. i.us-'re was nc action taken on this item. FLEXIBLE BENEFIT STUDY Bernhardson presented information to Council regarding a flexible benefit program, including .he cost of implementation and continued operation. Mayor Grabek asked if a flexible benefit package exists for municipalities. Bernhardson stated that DCA has been providing this type of program for many municipalities in the area. No action was taken on this item. MARINA LICENSES Bernhardson provided Council with information regarding the commercial marina license applications that have been received. Bernhardson stated that staff has reviewed each application to - 12 - MI\«UTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 MARINA LICENSES CONTINUED determine whether there has been any significant land use changes. Staff did not find any land use changes and is recommending that a marina committee not be established for reviewing these licenses. Bernhardson said that another issue is the fee being charged to the marinas. He said that there is a base fee, as v/ell as a boat/unit charge. Due to the dryness of the lake, many marinas cannot use all of their slips. He asked Council to consider whether the City should charge for the slips not being used and what impact that may have on the historical and future rights to boat slips. Gaffron stated that the LMCD's policy for "grandfathering” slips without licensing is to either license all or none. Orono's Code does not specify that a marina will lose boat slips if they are not licensed. Gaffron informed Council that many of the marinas are suffering. He stated that Jim Dunn has made application to the LMCD for a 300' dock extension and dredging. He said that he does not expect an application from Crystal Bay Service unless the lake l^vel increases. Mayor Grabek said that he would prefer to give the marinas every chance possible to maintain their business. He favored waiving the fee for the extra slips for this year. It was the consensus of Council that the extra boat slip fees be waived. Gaffron asked Council for their opinion regarding the establishment of a marina committee. Councilmember Nettles believed that this year was important for the lake and marinas because of the proposed LMCD regulations. He said chat Orono has 30% of the Lake Minnetonka shoreline and has the most strict regulations for shoreland. He interpreted the new LMCD policy as calling for increased lake usage. Nettles believed that would put more pressure on Orono to increase the number of marinas, slip spaces, food and beverage vendors, which in turn would cause more littering of the lake. Nettles believed there were many people within the Community thac could provide some insight and leadership for the future. Nettles stated that the marinas are the access point to the lake, and are, therefore, a good place to start. Nettles believed that there are important policies and philosophical issues generated by the LMCD report. Nettles was impressed with the opinions that the Lake Minneconka Lakeshore Owners Association had regarding the report. - 13 - J MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 MARINA LICENSES CONTINUED Councilmember Goetten said that she has been an advocate of establishing a marina committee for several years. Goetten agreed with Nettles. Councilmember Callahan referred to the minutes of the April 19, LMCD Meeting, paragraph 5D, regarding the development of an action program for public access to Lake Minnetonka. Callahan believed that a marina committee will be necessary to defend itself and the citizens of Orono from the LMCD. Callahan asked if anyone is familiar with the DNR Shoreland Grant Contract and Preparation for Cities to Sign as Partners. He asked if the DNR wishes to have Orono be a partner in something. Bernhardson replied that as part of the shoreland regulations passed by the DNR a year ago, they were giving grants to cities for implementation. The effort through the LMCD was to jointly establish regulations that would qualify the DNR shoreland regulations. Bernhardson said that he would research the matter further. Mr. Gabriel Jabbour said that it was refreshing to see the Council moving forward on the issue of marina committees. He urged the Council to continue to be proactive, rather than reactive. Mr. Jabbour suggested that Council may wish to go a step beyond a marina committee by establishing ordinances "that would provide teeth to bite into any regulations that may be mandated". It was moved by Councilmember Net' seconded by Councilmember Goetten, that staff prepare a r randum regarding the history of Orono Marina Committees and t..«-ir dealing with issues beyond licensing. The memorandum should include information regarding jurisdiction, past law suits, regulations giving Orono control, and regulations giving the LMCD shared control. Council would use this information to assist with the process of appointing a marina committee as soon as possible. Motion, Ayes-5, Nays-0, Motion passed. BOARD OF REVIEW - RECONVENE* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Orono City Council sets Thursday, May 3, 1990 as the date for the reconvene of the 1990 Board of Review. Motion, Ayes-5, Nays-0, Motion passed. SECRETARIAL EMPLOYMENT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the employment of Linda Vee as secretary effective April 23, 1990 at a rate of $9,795 per hour (Level IV, Step 1). Motion, Ayes-4, Nays-0, Motion passed. - 14 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 HIGHWAY 12 CORRIDOR - MEETING* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept information presented. Motion, Ayes-4, Nays-0, Motion passed. PUBLIC WORKS DEPARTMENT EMPLOYMENT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to employ Gregg Palmer as Maintenance Worker I for the Public Works Department effective upon a favorable physical examination and stress test at a starting rate of $10,353 per hour as per the City of Orono Compensation Plan of Level 5, Step I. Motion, Ayes-4, Nays-0, Motion passed. NORTH TONKA CRIME PREVENTION Bernhardson stated that he had removed this from the consent agenda to determine whether any of the Councilmembers were interested in serving on this Committee. Councilmember Nettles nominated Councilmember Peterson to serve on the Committee. Councilmember Goetten seconded the nomination. Councilmember Peterson stated that she would look forward to serving in this capacity. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to appoint Councilmember Peterson to the Board of Directors of the North Tonka Crime Prevention Coalition. Additionally, Council approves the Board of Directors as set forth in Attachment A. Motion, Ayes-5, Nays-0, Motion passed. WESTONKA SENIOR CENTER WEEK RESOLUTION #2797* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2797 to proclaim Westonka Senior Center Week May 7-11. In addition. Council commends the senior citizens on their achievements and contributions to the community. Additionally, Council commends the staff at the Senior Center for their efforts and commitment. Motion, Ayes-4, Nays-0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: LOGO Contest and Albrecht Contract. Motion, Ayes-4, Nays-0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett had no report for this evening, but requested an Executive Session for the purpose of discussion pending litigation. - 15 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following license(s); Septic System Installer;Hayes Excavating Route 1, Box 202 Montrose, MN Cigarette:V^illiam Wear Orono Shopping Center Mike Mehner Crystal Bay Service Richard Keaveny Keaveny's Navarre Drug L cherven Na.arre Lanes LeRoy Koehnen Navarre Amoco Steve Corl Navarre Liquors Inc. Motion, Ayes-4, Nays-0, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes-4, Nay-0, Motion passe.i. EXECUTIVE SESSION 9:40 P.M. City Attorney Barrett requested an Executive Session. ADJOURNMENT 9:50 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 9:50 p.m. Motion, Ayes-5, Nays-0, Motion passed. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk - 16 - MINDTBS OP THE RECONVENED BOARD OP REVIEW MEETING HELD MAY 3, 1990 ‘^umiciL mm ATTENDANCE 7:00 P.M. The 1990 Reconvened Board of Review met on^tlw JflflQve date with the following members present; Mayor Grabek, CounciImembers Goetten, Callahan, Peterson and Nett leflJ^Qff wing represented the City staff: City Assessor Paul'ftnrlfWwlfa his associate Frank Mennega, City Administrator Bernhardson and City Deputy Clerk Naab. Representing Hennepin County was; County Assessor Bob Hanscom. INTRODUCTION Administrator Bernhardson explained that those in attendance would be given a chance to give any evidence, presentation or information they may have concerning their valuation. Assessor Smith will be given an opportunity to reply and then the Council will make a decision. The following persons appeared before the Board; 1. Allen Carlson, 3125 Fox Street - P.I.D. 04-117-23 33 0011 Mr. Carlson stated his assessed value went up 55% in one year, over $350,000 of assessed value which translates to somewhere around $10,000 in additional taxes per year. Mr. Carlson was unable to reach the assessor to review other land values in the area and his home had not been reassessed. Assessor Smith noted that there has been a number of sales of homes similar to Mr. Carlson's home in the last year, selling for values very comparable to the value that is existing on his property now. Smith noted that 3300 Fox Street sold for $750,000 with only 100' of lakeshore vs. 665' of lakeshore that Mr. Carlson has. Mr. Carlson noted that because of a subdivision in 1983, he only has approximately 315' of lakeshore and only 7 acres opposed to the 15 acres noted. Assessor Smith stated that he still felt the valuation fair as the Carlson house is of a better quality construction and the house at 3300 Fox Street had 4 acres with 100' of lakeshore. CounciImember Callahan noted that this was a staggering increase. CounciImember Goetten felt that Mr. Carlson did not get the attention that he felt he needed from the assessor. She felt that it was a staggering increase also. r MINUTES OP THE 1990 RECONVENED BOARD OP REVIEW MEETING HELD MAY 3, 1990 Mayor Grabek moved, CounciImember Nettles seconded, to increase the land value from the 1989 value of $354,700 to $459,000, and the building value to remain at $259,300 for a total .pf $718,000 for a reduction of $150,000. Ayes 3, nays 2 with Nettles and Peterson voting against. CounciImember Nettles felt that the land should be valued at $400,000 for a total value of $646,000. CounciImember Peterson agreed. County Assessor Hanscom felt that the Council was acting reasonably and this was a good recommendation. 2. Mrs. Cici, Busy Beaver Day Care, 875 Wayzata Boulevard - P.I.D. 35-118-23 44 0005 City Administrator Bernhardson noted that the property was valued in 1989 at $248,200 and 1990 at $255,600. The land was purchased in 1986 at $45,000 and according to the building permit valuation, it was built for $320,000. Mrs. Cici stated that the income from the center is limited to the parents. She stated that by paying more taxes, she would need to pass this additional amount along to the parents in the form of a higher day care rate. Mrs. Cici also noted that schools and churches are exempt from paying taxes and she did not feel this was fair as day care centers should also be considered as a school and not be taxed. Mayor Grabek noted that it is already valued at less than the cost of the land and building together. CounciImember Nettles stated that he felt this center was a good facility and perhaps we should try to encourage business. County Assessor Hanscom noted that if the income approach was to be used for this property, you would use the income should the building be rented and not what the center is making as a business. Councilmember Callahan moved. Mayor Grabek seconded to accept the assessor's recommendation of $255,600. Ayes 5, nays 0. 3. David Dosse, 4225 Forest Lake Drive - P.I.D. 07-117-23 12 0025 City Administrator Bernhardson noted that the 1989 value was $240,300 and the 1990 value was $257,800 and the Assessor is recommending $240,000. MINUTES OP THE 1990 RECONVENED BOARD OF REVIEW MEETING HELD MAY 3, 1990 Mr. Dosse noted that he did hire an independent appraiser who appraised the property at $215,000. He stated that he had relayed this to the City Assessor, and the Assessor indicated to him that there were some mistakes with the appraisal on the comparables. Assessor Smith stated that appraisals can have some variation based on techniques used, but these variations are usually 5% or less. He noted that Mr. Dosse's appraiser's comparables #1 and #3, the square footage was off as much as 500 s.f. of gross living area. He noted that the appraisal was inconsistent and there was not even pictures of the comparables. Assessor Smith noted that land value was reduced because the adjacent land is a commons area. Mayor Grabek noted that the recommended value has actually gone down from last year and he would tend to recommend raising the appraisal rather than lowering it. CounciImembers Nettles moved, Peterson seconded to accept the Assessor's recommendation to lower the land value to $87,100 on the land, and $152,900 on the building for a total of $240,000. Ayes 5, nays 0. 4. Carol Burgess, 2800 Pheasant Road - 21-117-23 32 0004 City Administrator Bernhardson stated that the valuation for 1989 was $482,000, the original 1990 value was $494,100. Assessor Smith, prior to the Board of Review, reduced the amount to $482,000 and is recommending no further change. Ms. Burgess noted that she felt the increase from 1988 to 1989 was excessive and because she was out of town at that Board of Review, she was unable to contest the amount. Ms. Burgess noted that because of the long narrow pennisula on her lot, about 200' out of 600' of lakeshore can only be built upon. Also, she noted that lagoon borders her property on one side and the lake on the other and because of Orono's restrictive setbacks, the house may not be expanded upon. Mayor Grabek noted that there is a recommendation for no change in value from last year, and would not consider a decrease. City Administrator Bernhardson stated that the valuation reflects the unbuildability of portions of the lot. CounciImembers Nettles moved, Goetten seconded, to accept the Assessor's recommendation of $482,000. Ayes 4, nays 1 with Mayor Grabek voting against this motion because he wants to increase it instead. 1 MINUTES OP THE 1990 RECONVENED BOARD OP REVIEW MEETING HELD MAY 3, 1990 5, Gabriel Jabour, 985 Tonkawa Road - P.I.D. 08-117-23 21 0016 City Administrator Bernhardson stated that he had received a call from Mr. Jabour who had just received his statement of value in the mail and was unable to come to the meeting this eveningr but he felt that his value should be $550,000 rather than $643,500. Assessor Smith stated that he recommended no change. 4. Mike Lynn, 1265 Bracketts Point Road - P.I.D. 11-117-23 32 0010 City Administrator Bernhardson stated that he received a fax from Mr. Lynn today asking to reserve his rights to appeal his valuation at the County level. ADJOURNMENT 8:41 P.M. Mayor Grabek moved. CounciImember Nettles seconded, to accept the other recommendations of the City Assessor listed in the material given to Council by the Assessor and to close the Board of Review. Ayes 3, nays 2. Mayor Grabek moved. CounciImember Goetten seconded, to adjorn the meeting. Ayes 5, nays 0. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk kr^ 4119 Oak Street Orono, Minnesota 55356 February 5,1990 City of Orono 1335 Brown Road □rono, Minnesota 55356 Attn: City Council Members We have received your letter advising us that Chuck and Ann Hommeyer of 4125 Oak Street are seeking an after-the-fact variance for a stairway, a small deck and a retaining wall that were constructed between their house and the shoreline of Lake Minnetonka. We understand that at the Planning Commission meeting at which this matter was addressed and a recommendation to approve was made for your consideration, the neighbors residing on the second lot north of the Hommeyers were present and since they raised certain issues they felt were of concern, a question was raised as to what opinions were held by the neighbors to the south, namely ourselves and, we suppose, the Smiths who, while nearly 200 feet away and around a corner from the stairway in question, reside on the second lot south of the Hommeyers. We note for your consideration that the owner of the lot immediately to the north of the Hommeyers is apparently indifferent in this matter, since we are unaware of any opinions being expressed by them in this matter. □ur feelings are that due to the extreme slope of the hill and the width of the Hommeyer lot, safe access to the lakeshore would be impossible without a stairway of some sort. The stairs follow the contour of the hill, which probably necessitated the “deck" (which in reality is no more than 0' • 10'). The incline also seems also to necessitate a retaining wall to prevent erosion (although, to be honest, prior to your letter we were unaware that a retaining wall existed in that area). In fajt, neither the stairs nor the deck are readily visible from our house or our deck, which are built at an angle that permits a clear view of the area in question. I can assure you that the Smiths cannot even see the area, much less the stairs etc. since from two lots away the trees are nearly impassible to see through, even in winter. We certainly have no objection to the Hommeyers request; it puzzles us that any neighbor would object to a property owner gaining safe and secure access to the lakeshore. We urge you approve the variance as requested. Respectfully, Karen S. Holland 1I m ‘ i- I . . K •• Mayor Grabek & Orono Council Member City Administrator Bernhardson Prom: Date: Subject: ^mhimcil meeting Jeanne A. Mabusth, Building & Zoning May 8, 1990 #1467 Charles & Ann Hommeyer, 4125 Oak Variances - List of Exhibits Exhibit A - Staff Memo 1/11/90 Exhibit B - Council Minutes 2/12/90 Exhibit C - Plan for Deck/Staircase Exhibit D - Site Plan Review of Application - At the February 12, 1990 meeting of the Council, the application was tabled providing applicant additional time to work with new neighbor to the north to resolve issue of privacy fencing along shared lot line. Mr. Hommeyer advised staff that he no longer wished to proceed with a variance for the privacy fence. He advised that he and his new neighbor will work out a landscaping plan. Council is asked to act on the remaining "after-the-fact" pcrtion of the variance application as follows: A) Retaining Wall - approval or disapproval. 2'9" wall within lakeshore yard, 30' in length, constructed at time of access staircase and deck. B) Access Stairs - approval or disapproval. Srairs conform to informal standards of the City for lakeshore lots with steep access banks. C) Lakeshore Deck - approval or disapproval. 13'5"x5'2" deck within 0-75' setback area, built without permit and prior to construction of principal residence. If the lakeshore deck is denied, applicant must provide plans for removal of deck structure for the inspection staff review. Per City Engineer's comments at previous meeting, the 3 1/2x19' length (apprx.) section of the deck could remain as a connecting platform to staircase structures with remaining portion of decking to be removed allowing the support timbers to be cut down to grade and covered with earth for seeding. Council Action - To provide staff with conceptual direction so that an appropriate resolution can be drafted for formal action at the May 29, 1990 meeting of the Council. 7 I To: Planning Commission Chairman Kelley Orono Plafthing Commission Members City Administrator Bernhardson Front Jeanne A. Mabusth, Building & Zoning Administrator Datet Jainuary 11, 1990 Subject: #1467 Charles & Ann Hommeyer, 4125 Oak Street - Variances - Public Hearing Pertinent Ordinance - Section 10.22, Subdivision 1 - After-the-Fact Portion: A) The retaining walls and deck area located within 75' of the lake. 1. The retaining walls are located adjacent to a sand blanket at the shoreline. 2. The deck is approximately 45' from the shoreline. Note the survey submitted with application does not designate the 929.4 elevation. 3. 13.5*x5.42' deck within lakeshore yard requires an average lakeshore setback approval. Current Request: B) The applicants seek a setback variance to the average lakeshore setback for a fence 6 in height that will extend approximately 30' in front of the average lakeshore setback line. Please review Exhibit B. The fence is located along the north side lot line adjacent to the newly constructed home. Section 10.22, Subdivision 2 - A) Hardcover variance required within 0-75' setback area (review Exhibits G & N). Allowed * 0% Proposed * 287.37 s.f. or 3.68% B) 75-250' setback area. Applicant notes 27.1%, review Exhibit O. Note, staff cannot confirm accuracy of 75-250* hardcover inventory as survey has not been submitted showing updated improvements. At 27.1%, the 75-230' setback area already has excessive hardcover. :: Zoning File #1467 January 11, 1990 Page 2 of 4 Note, stairs have been constructed per standards set forth by City for stairways within 0-75' where steepness of lake- shore banks requires additional structure. Hardcover for Stairs • Deck & Retaining Wall 201.5 s.f. or 2.58% = 85.87 s.f. or 1.10% Section 10.03, Subdivision 19 - A retaining wall was constructed in the lakeshore yard without the required conditional use permit and variance. Applicants' submittals inform us that the retaining wall was constructed some time in 1981 by the prior owner. Applicants note that it was installed to prevent further erosion of the lower lakeshore banks. List of Exhibits Exhibit A1 Exhibit A2 Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Exhibit M - Exhibit N - - Application Variance for Fence - After-the-Fact Variance/CUP Application Property Owners List Plat Map DNR Letter DNR Application Survey Submitted with Current Application Survey Submitted with Application #632 Survey Submitted with Application #731 Staff Letter to DNR Staff Letter to Hommeyer Resolution #1475 Site Plan Deck/Steps/Retaining Wall Hardcover Fact Sheet 0-75' Hardcover Fact Sheet 75-250' Review of After-the-Puct Phase of Application - As applicants' submittal information notes, the deck was constructed prior to the issuance of a building permit and completed prior to the issuance of the Certificate of Occupancy for the new residence. It should be noted that at no time did a survey submitted for the previous land use applications nor for the building permit, did the deck area appear on the survey. The deck and gazebo were discovered at the time the variance application for the deck at the property to the north was reviewed by staff. At approximately that time, the DNR had contacted staff to seek information regarding the sand blanket which was discovered by the DNR inspectors. The applicants have proceeded with the required after-the-fact application with the DNR. Staff has received no final Information as to the resolve of the sand blanket. Applicants may be able to advise at our meeting. Zoning File #1467 January 11, 1990 Page 3 of 4 At a meeting with the applicant, applicant vtc\s advised of the need for the filing of the after-the-fact variance. An extension was granted to Mr. Hommeyer and the application rescheduled for the January meeting, but it should be noted that Mr. Hommeyer filed the application soon after being advised of the need for the after-the-fact variance. The applicant has failed to list hardships for the after- the-fact phase of the application and shoula be given the opportunity to note those at the meeting. The ep lakeshore banks of this property require a stair strud u^e t' assist with access to the lakeshore. The stairs have beer installed per informal City standards. They are xess than in width and safety landings have been designed with less than 4'x4' safety landing stops. Options of Action - A) Retaining Wall - Approval or denial. If denied and retaining walls are to be removed, what other method of control of erosion would you approve in its place? B) Stair Structure - Approval o: denial. If denied, what other form of access or means of access would Planning Commission recommend? Stairs have been constructed per informal standards of City - Inspector should confirm that structure meets Building Code standards - building permits are required for lakeshore access stairs. C) Lakeshore Detached Deck - Approval or denial. If denied in its present location, would you approve a detached deck within the lakeshore yard in front of the average lakeshore setback- line similar to the location approved for the property to the immediate north in a recent variance review? In that application, a hardcover variance was not required within the 75-250* setback area. If this deck is located within the lakeshore yard out of the lakeshore protected area, a hardcover variance within the 75-250* setback area would be required as follows: Existing = 4,480 s.f. or 27.1% Proposed = 4,550.2 s.f. or 27.5% Additional Hardcover « 73.17 s.f. or .4% Zoning File #1467 January 11, 1990 Page 4 of 4 If the deuached deck is to be relocated in the 75-250' setback area, it would be necessary to have an updated survey to determine what types of existing hardcover could be reduced within the 75-250' setback area to allow the addition of the deck structure. The Planning Commission may wish to table the application if this is the direction to be followed by the Planning Commission and ask for the updated survey. If the majority of the Planning Commission feel, because of the excessive hardcover, they would not permit the deck to be relocated in the 75-250' setback area, than make a recommendation for the removal of the deck - establish a deadline date. Review of Current Application - Applicants seek a setback variance to the average setback line for a privacy fence along the north property line. As applicants* application (Exhibit A-1) notes, the privacy fence will help provide privacy due to variance allowed on adjoining property on north side. Applicant may be referring to either the tram or the deck area approved within the lakeshore yard in front of the average lakeshore setback line. It is not clear. As of this writing, staff has heard nothing from the adjacent neighbor, but the neighbor may be present at the meeting to present his position. A privacy fence at that location may provide a visual impact on the view of the lake. The City has received no elevations or photographs to determine the visual Impact, if any. Options of Action - 1. Denial based on insufficient hardship or unacceptable hard­ ships. 2. Approval. Applicants may be able to cite additional acceptable hardships at your meeting. Information submitted for this review has failed to demonstrate sufficient hardship. 3. Table pending receipt of elevations/view impact of proposed privacy fence on adjacent neighbor's view windows. Note the fencing will extend 30' beyond the average lakeshore setback line. Upon Inspectioii of the property, members may note kennel structure on lot to east divided by platted right-of-way. Staff would recommend that the applicants execute a special lot combination to allow credit for principal residence on homestead lot. Zoning File #1467 Feburary 6, 1990 Page 5 Additional Coments and Planning Conniisaion RecoraBendation - Additional Exhibits ~ Exhibit 0 - Planning Commission Notice of Action Exhibit P - Hommeyer's Letter of 1/22/90 Exhibit Q - Revised Site Plan Reflecting Improvements within 75-250' Zone The Planning Commission recommended approval of the after- the-fact variances and average lakeshore setback variance for the proposed privacy fence along the shared lot lines of Lots 2 and 3 based on the following findings: 1. The 2 1/2'+ high retaining wall located to the immediate landside of a sand blanket in the lakeshore yard to be a satisfactory method to deter future erosion of the lower lakeside bank. 2. The access stairs, at less than 3' in width, meets the informal standards of the City for lake access stairs. 3. 13.5x5.42' lakeshore deck is acceptable as removal will create more of an impact on the steep lakeshore bank. 4. The proposed privacy fence of 6' high was approved based on the hardships set forth by applicant noting loading area of tram was close to a lakeside patio sitting area. Such fence would provide visual and noise screening from their property. The minority opinion found the retaining wall in the lakeshore yard to be a satisfactory method for erosion control and the steps acceptable based on the informal standards of the City and recommended denial of the lakeshore deck within the 75' setback area finding such action inconsistent with previous Council actions and would establish a negative precedent in the review of similar, future applications. In addition, the minority opinion noted that the applicant failed to demonstrate the need for the 6' high privacy fence noting that the elevation of fence was not noted to determine any negative impact on the property to the north. Since the Planning Commission meeting, staff met with the applicant and advised that the application as approved by Planning Commission would not be approved by the Council and advised applicant to submit an updated survey locating existing improvements in the 75-250* setback area where already excessive amounts of hardcover existed. If Council was to deny the existing deck located within the 75' protected area and would consider approving an average lakeshore setback for a relocated lakeside deck, that the updated site plan would provide Council with the necessary information to determine which areas of existing hardcover can be considered for removal. Zoning File #1467 Feburary 6, 1990 Page 6 Please review Exhibit N, the hardcover facts between the 75- 250' zone submitted by applicant. Staff has reviewed the updated site plan (Exhibit Q) and has made an adjustment for the gravel driveway area. Staff determined 1,630.7 s.f. of hardcover for the driveway area as opposed to 1,346 s.f. originally presented by applicant. Total hardcover within the 75-250' setback zone is adjusted now to 28.3% with an excess now of 3.3% hardcover within the 75-250' setback zone. The applicant has submitted photos for the Council's review demonstrating the impact of the elevation of the 6' high privacy fence on the view windows of the residence to the north. Please review Exhibit P, Mr. Hommeyer has submitted an update on the sand blanket issue with the DNR confirming that an after-the-fact permit has been issued by the DNR as of November 30, 1989. Options of Action Available to the Council - A. Retaining wall (2'9" high, runs approx. 30+ lineal feet, located land side of lakeshore sand blanket). If denied Council must ask applicant for a more acceptable form of erosion control for lake side bank or, if approved, finding the method of erosion control to be acceptable and the existing height and materials to be of a design and color blending into the natural screening of lakesho»'~ ’^nk. B. Access stairs. Approval finding the existing lakeshore staircase to meet informal standards of City for lakeshore lots with steep access banks. C. 13.5x5.2' lakeshore deck Approval as proposed; or within 0-75' setback area. Denial based on the following findings: 1. Approval of such a structure within the lakeshore protected area would be inconsistent with previous Council actions. 2. Approval of this structure would provide a negative precedent in review of future similar applications. Zoning File #1467 Feburary 6, 1990 Fage 7 3. Applicant has failed to demonstrate suitable or adequate hardships to allow the deck in the present location. Council should be prepared to advise applicant if they would allow the deck to be relocated in front of the average lakeshore setback line and out of the 75* setback area. If so, applicant must be prepared to reduce existing hardcover within the 75- 250* setback area to allow the increase of 73.17 s.f. of additional hardcover. Applicant should be asked to provide an updated survey relocating deck and reflecting removals of existing hardcover within the 75-250* setback zone for your February 26th meeting. D. Privacy fence (6* high along the shared lot lines of Lots 2 and 3 running approx. 30* in front of the average setback line). Denial finding applicant has not demonstrated adequate hardship for the variance; or Approval based on the following findings: 1. At the proposed elevation, the 6* high fence will have no negative impact on the lakeshore views of the view windows of the existing residence to the north. 2. The location of the patio area on the lakeside of applicant*s residence and the tram on the adjacent property to the north necessitates a view and noise barrier. Council Action - To provide staff with conceptual direction so that an appropriate resolution can be drafted for Council*s action at their February 26th meeting. If an average lakeshore setback variance is approved for a relocated deck area, applicant must provide an amended site plan showing new location of deck and portions of existing hardcover to be removed. Council should provide applicant with guidelines for the amount of hardcover to be removed (refer to Exhibits M & N). *«INDTBS OF ORONO COUNCIL MEETING OP FEBRUARY 12, 1990 6 #1467 CHARLES & ANN HOMMEYER 4125 OAK STREET AFTER-THE-FACT \ARIANCES Mr. and Mrs. Hommeyer were present for this matter. City Administrator Bernhardson provided the Council with a brief explanation of this application. Mr. David Morse, builder of the home adjacent to the Hommeyers, said that he had just sold the home he built. The new owner has indicated that he objects to the privacy fence being built. The fence would interfere with the lakeview sight lines of the residence. Mr. Morse said that the purpose of the average lakeshore setback, is to protect the views of the lake. Mr. Morse said that there is no hardship to warrant granting the variance for the fence. He said that the Kommeyers have stated that the fence is needed to reduce the noise from the tram on his property. Mr. Morse said that the noise generated from the tram would be less than that of an air conditioner compressor. Mr. Morse said, "In regard to the lower deck, if the Council approves a variance for that, they will be setting a precedent. They will encourage people to construct something that is not allowed and then come into the City to get a variance." Mr. Hommeyer explained that the retaining wall was built in 1981 because the bank was sliding into the lake. He said that he was unaware of the need for City approval to do that work. Construction of the deck and stairs began in 1983, prior to the issuance of a Certificate of Occupancy in 1985. Mr. Hommeyer said that the stairs are needed because of the steep slope. He said that the deck is an integral part of the overall structure and is tied into the retaining wall. Mr. Hommeyer said that the entire system has worked to stabilize the bank. Mr. Hommeyer asked that the Council consider allowing the deck to remain until such time that it needed to be repaired. Mr. Hommeyer showed the Council pictures of him holding a board above his head, standing on the neighboring deck. He said that the pictures are to show that a fence would not interefere with the sight lines of the neighbor. Mrs. Hommeyer said that there were a number of trees cut in error by Mr. Morse's tree cutters and that is another reason that they need the fence. She said that she has obtained the opinion of various landscapers in regard to what they could plant in that area. She said they were told that they would not be very successful in planting greenhouse kinds of trees in that area. Mr. Morse reiterated that there is no hardship to grant the variances being requested. * CounciImember Goetten said that the stairs are needed, but she has a concern about the deck. She said that she would 'be inclined to have the deck removed from its present location, -and allow the Hommeyers to construct a deck closer to the house. Goetten understood that a portion of the deck could be removed MINUTES OP ORONO COUNCIL MEETING OP PEBRUARY 12, 1990 ZONING PILE #1467-HOMMEYER CONTINUED without disturbing the footings connected to the retaining walls. Goetten said in regard to fences, she would prefer to see vegetation rather than structure. Goetten also asked whether it would be possible to remove any other hardcover existing further to the north on the property. Mrs. Hommeyer said that the deck was tied into the retaining walls. CounciImember Goetten asked City Engineer Cook to address some alternatives to the deck. Cook said that the 3-1/2' x 19’ section between the stairways could remain. The decking could be removed from the section that is 3.8' x 12' and the timbers could be cut down to grade level and some of the structure could be placed underground so it could be grassed over. CounciImember Nettles indicated that he concurred with CounciImember Goetten. Councilmember Goetten asked Mr. Morse if he knew whether the new owner of the property may be willing to plant vegetation in lieu of the fence proposed by Hommeyers? Mr. Morse said that the Hommeyers are being compensated from his insurance company fc r the trees that were removed. He also noted that the area where the trees were removed is not the same area the Hommeyers are asking to have fenced. Mayor Grabek indicated that he had no objection to the entire deck remaining since it had existed for 7 years. Grabek said that he did oppose the fence. Mr. Hommeyer asked if the fence application could be tabled to allow them time to talk with their new neighbor. It was moved by Mayor Grabek to recommend approval of the variances for the deck, stairs and retaining walls already existing, but deny the request for the 6* fence. There was no second. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to table this application to provide time for the Hommeyers to work with the neighbor on the fence issue and a full Council can decide on the deck area. Nettles said that he was not partial to the deck one way or the other. He felt that since the deck passed with the certificate of occupancy he may approve it, yet it did set a precedent which may cause him to deny it. Mabusth noted that the certificate of occupancy did not approve the deck because it was not observed by the inspector. Motion, Ayes-2, Mayor Grabek, Nay. Motion passed. ^ % o\ ..-5 . 1^ ; ji- ^ i\ . - .1* ^ i ^ •■ « '• >1 ‘ i ^ ? i» ;: ••> s • - , s'•'■, ‘:;-r-*:-".-i. •■■:^i •. .V.; : x *■ *• • ’* " "• • 1 ■ •■ ■■ ‘‘ * '.*•'■*■■ 1 . ^ v\ • 1 vt 5.? ;-^ S 5fi •« >-;2 u ^>;s-i; —-.^^^■1 r>%M^-vvC:---- .•^i^ v'>' ■ ' • • • ----------------------- •r ■ ‘-i- ■_■ - ' '-^1- i,^v •. -.-.iv:,. .v:^«-i w-- % Mayor Grabek & Orono Council MemberMfET/NG Planning Commission Chairman Kelley Orono Planning Commission Members 1 4 1990 City Administrator Bernhardson Froai: Jeanne A. Mabusth, Building & Zonin Date: May 2, 1990 Subject: #1502 Michael Hilbelink, 2180 Prospect Avenue - Variances - Resolution Pertinent Ordinance - Section 10.28, Subdivision 5 (B) - Lot Area Variance Required = 2 acres Existing - 27,040 s.f. or .62 acres Existing Exclusive of Road Easement * 22,490 s.f. or .516 acres Variance = 64,630 s.f. or 1.48 acres of 74% Side Street Setback Variance: Required Setback * 50' Proposed = 22' Variance * 28' or 56% Section 10.03, Variance Allowed = 3'6" Proposed = 5' Variance = 1'6" Subdivision 15 (C) - Fence Height or 42.8% Section 10.03, Subdivision 16 - Traffic Visibility The fence shall be 3' high, 30' from intersection of projected curb lines at intersection of Briar Street and Prospect Avenue. Note that fence cannot be installed within the road easement of Briar Street. Applicant's survey shows fence encroaching into easement area. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Application Property Owners List Plat Map Resolution #1836 Staff Memo Sketch of Fill Area - Temporary Easement Profile of Fill Council Minutes of 8/26/95 Easement Agreement Temporary Construciton Easement for Sanitary Sewer Exhibit L - Public Hearing Notices . Zoning File #1502 May 2, 1990 Page 2 of 3 Exhibit M Exhibit N Exhibit 0 Exhibit ^P.- Exhibit Q Exhibit R Exhibit S Exhibit T Survey/Site Plan Staff Letter to Cook Cook's Report 3/26/90 '■pralH>gae Plans for 1985 Drainage Project Adjacent To North Property Line Amended Drainage Plan Hilbelink Letter of 3/14/90 Letter to Neighbor to North Heikkila Letter (Neighbor to North's Attorney) Review of Application - The Hilbelink variance application was reviewed by the Planning Commission at their March 19th and April 16th meetings. The original proposal involved a request for a lot area variance* side setback variance for the proposed residence to Prospect Avenue's lot line and a height and placement variance for a privacy fence proposed along the street lot line on the south side (Prospect Avenue). Please review Exhibit M. The fence variance was conceptually denied by the Planning Commission at their March meeting. The application was tabled pending further review by the City Engineer of the drainage concerns raised by neighbor to the immediate north and to provide an amended drainage plan based on City Engineer's directives. The major concern for drainagae was to minimize impact on the drainage way that existed between the shared lot lines of t''e property to the north and Hilbelink property. Please review the enclosed staff memos for greater detail on this review. Please review Exhibit Q. The amended drainage plan shows drainage being directed predominantly to the catch basin within Briar Street. Neighbor to the north appeared at the April meeting and once again announced that they were willing to dedicate a drainage easement over the drainage way within their portion of the property. Mr. Hilbelink's letter of March 14, 1990 advised that he had no definite building plan for the improvement of the property but advised that because of the substandard lot that he would still ask for the side setback variance. It was his intention to place a house within the defined building envelope designated within Exhibits M and Q. The Planning Commission did not accept this as adequate reason to grant a side setback variance and advised the applicant that their recommendation would deal solely with a lot area variance and that at the time of the final development of this site, that if a side setback variance would be neccessary that this would require additional variance review. Zoning File #1502 May 2, 1990 Page 3 of 3 The Planning Commission voted unanimously to approve a area variance for Mr. Hilbelink to construct a residence on thi^ substandard property that was to meet all required setbacks and that final drainage plans would be reviewed by the City Engineer prior to the issuance of the building permit by the City. The applicant was advised to install plantings along the south lot line to provide the desired screening in place of the 5' privacy fence. The enclosed resolution has been draft per the Planning Commission's recommendation. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1502 WHEREAS, Michael Hilbelink (hereinafter "the applicant") has an interest in the property located at 2180 Prospect Avenue within the City of Orono (hereinafter "City") and legally described as follows: Refer to property"); and Exhibit A attached (hereinafter "the WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a lot that consists of 22,490 square feet or .516 acres where 2 acres is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1502. 2. The property is located in the RR^IB, Rural Residential Zoning District requiring 2 acres of dry contiguous land. The subject property consists of 22,490 square feet or .516 acres. 3. The Orono Planning Commission reviewed this application on March 19, 1990 and April 16, 1990 and recommended approval of the proposed variance application as amended based upon the following findings: a) The property consists of .516 acres and is subject to 2 acre zoning standards. b) The property is consistent with surrounding one half to three-quarter acre pattern of development within the Crystal Bay neighborhood. c) The property is served with sewer. d) There is no additional area availaiiis for acquisition to increase the building envelope. Page 1 of 5 4. The City Council concurs with the Planning Commission's recommendation to deny a variance to Secion 10.03» Subdivision 15 (C) and Section 10.03, Subdivision 16 requiring height and setback variances for proposed fencing along the south lot line finding the placement of a fence at that height to be a hazar . to the public who us«^ the intersection of Prospect and Briar Street and to find natural plantings along the south line a more acceptable method in achieving the desired level of privacy. 5. The Council concurred with the Planning Commission recommendation to delay any consideration of a side setback variance for a proposed residence as there were no final plans for house construction to be acted on with this current review. 6. 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. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre­ serve 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. CCNCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence requiring approval of an area variance of 64,630 square feet of 1.4 acres at 74%, subject to the following conditions; Page 2 of 5 1. Prior to the issuance of a building permit by the City for the new construction, applicant must provide proof from the County that delinquent real estate taxes and special assessments have been paid. Appl cant is further advised that there is approximately $6,825.b4 incurred by the City as a result of a previous Hazardous Building Action against this property. This fee is in the process of being assessed against the property. Applicant wilI have an opportunity to pay this off prior to the formal assessment to be ordered by the Courts. 2. All new construction must satisfy required setbacks of the RR-IB Zoning Jistrlctd which are as follows; Front/-^de street = 50' Side » 30' 3. New driveway access at Briar Street must be reviewed by Public Works Director prior to the issuance of a building permit. 4. Connection to municpal sewer prior to the issuance of a Certifies . of Occupancy for new residence. 5. City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 6. Granting of a 10' wide drainage easement along the north boundary line and the granting of drainage and utility easements 10' along southern property line and 5' along west property line. 7. Authorities granted by this variance run with the property not with the applic . but are permissive only and iiust be exercised appl cion for a building permit within one year o late £ Council approval, or this variance will expi chat date (May 14, 1'<91). 8. Violation of o .i jn-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. 9. 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. Page 3 of 5 May, 1990. ATTESTS Adopted by the Orono City Council on this 14th day of Dorothy M. Hallin, City Clerk Property Owner(s) STATE OP MINNESOTA COUNTY OF HENNEPIN James R. Grabek, Mayor ss. The foregoing instrument was acknowledged before me on this 14th day of May, 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 4 of 5 To: Mayor Grabek & Orono Council MembersPlanning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: April 11, 1990 Subject: #1502 Michael Hilbelink, 2180 Prospect Avenue - Variances -• Continuation of Public Hearing List of Additional Exhibits Exhibit N - Staff Letter to Cook Exhibit 0 - Cook's Report 3/26/90 Exhibit P - Drainage Plans for 1985 Drainage Project Adjacent to North Property Line Exhibit Q - Amended Drainage Plan Exhibit R - Hilbelink Letter of 3/14/90 Review of Application - The original application involved lot area, side setback and height and setback variances for proposed fencing along the south property line adjacent to unimproved Prospect Avenue. The Planning Commi appeared to have no problem with the lot area side variance oetback phase of the application. Planning Commission advised the applicant that they could not recommend approval of the variances sought for the fencing recommending plantings instead of a structure for necessary screening and protection of property. The most immediate concern was the affect of t ;>e proposed onstruction and grading upon the existing sensitive drainage area. At the March 19, 1990 meeting of the Planning Commission, the lot area/side setback variance application for Michael Hilbelink was tabled pending receipt of further directions from the City Engineer regarding drainage concerns expressed by both Planning Conmission members and most affected neighbor to the north. Staff requested the following direction concerning the drainage issue: 1. Information on underground drainage tile and potential impact from drainage on this site when developed. 2. Alternate methods to lessen impact of drainage from site in a developed state. 3. Recommendation concerning property owner to the north and owner's willingness to deed drainage easement to City. In addition, determine need for additional easement area within subject property (review Exhibit N). Zoning File #1502 April 11, 1990 Page 2 of 3 The City Engineer has asked for a 20' drainage easement along the north property line. As it appears that the drainage tile is completely located within the property to the north, a 10' easement should be adequate. If you will remember at the March meeti ig, the property owner to the north agreed to grant drainage eatements to the City in the hope that the City would now maintain what is obviously a public storm sewer system. Please review Exhibit Q, the revised grading and drainage plan reconfirms the majority of the lot drainage being directed to the front yard for collection at the catch basin within Briar Street. The City Engineer's comments will be presented for your consideration at your April meeting. Staff has included the original plans for the storm sewer project along the north property. The underground drainage tile along the north appears to be 12" connecting to an existing 15" clay tile draining westward. Although not noted in the Engineer's report (Exhibit 0), in conversation with Cook he has advised that there has been no reported problem with the existing system since its installation in 1985. Cook also notes that no design of a storm sewer system could handle back-to-back 100 year storms as in the summer of 1987. The City Engineer will be asked to review all final grading plans submitted with any building application for this property. Staff has discussed the willingness of the neighbor to the north to dedicate or to grant easements over the underground drainage tile within the south property line of their property with the Public Works Director. Gerhardson agrees that the City should accept the drainage easement. Cook shall determine the necessary width to provide adequate area for maintanence of said line and catch basin areas. Please note that staff has sent a letter to the Jentiluccis asking for their written confirmation and willingness to grant the drainage easements. Please review Exhibit R, at your previous meeting the subject letter was submitted for your consideration because applicant failed to submit building plans/elevations for the review. The applicant does not have definite building plans, but agrees to build within the defined envelope set forth in the exhibits. He understands that any change from the defined plan would require a new review by the City. Options of Action - Denial. If denied, please refer the necessary findings set forth in the variance sections of a Zoning Code. J Zoning File #1502 April 11, 1990 Page 3 of 3 Partial approval. Recommendation to approve the lot area and setback variance for the preposed structure but denying the height and setback variance for the proposed fencing along the south property line. Approval may be based on one or more of the following findings; 1. The property consists of .62 acres and is subject to 2.0 acre zoning standards. 2. The property is corsistent with the surrounding 1/2 - 3/4 acre pattern of development within the Crystal Bay neighborhood. 3. The property is served with sewer. 4. A residence had existed on the property for over 40 years. The structure was located closer to the southern property line/Prospect Avenue than the proposed structure at 22*. 5. There is no additional area available for the acquisition to increase the buildinv envelope. Approval must include the following conditions; 1. Prior to issuance of a building permit by the City for the new construction, applicant must provide proof from the County that delinquent real estate taxes and special assessments have been paid. Applicant is once again advised that there is approximately $6,825.84 incurred by the City as a result of the hazardous building action. This fee is in the process of being assessed against the property. Applicant will have opportunity to pay this off prior to the formal assessment ordered by the courts. 2. New driveway access off Briar Street must be reviewed by Public Works Director prior to the issLance of a building permit. 3. Connection to municipal sewer prior t»-» the issuance of a Certificate of Occupancy. 4. City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 5. Granting of a 1?’ wide drainage easement along the north boundary line and the granting of drainage and utility easements (10' along southern property line and 5' along west property line). To; Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proa: Jeanne A. Mabusth, Building & Zoning Administrator Date: March 14, 1990 Subject: #1502 Michael Rilbelink, 2180 Prospect Avenue - Variances - Public Hearing Pertinent Ordinance > /o 22,490 s.f. Section 10.28, Subdivision 5 (B) A) Lot area variance: Required = 2 acres Existing = 27,040 s.f. or .62 acres Existing Exclusive of Road Easement or .516 acres Variance * 64,650 s.f. or 1.48 acres or 74% B) Side Street Setback Variance: Required Setback = 50' Proposed = 22' Variance = 28' or 56% Section 10.03, Subdivision 15 (C) — KjlUX^ Allowed = 3'6" ^ Proposed » 5' Variance = 1'6" or 42.8% Section 10.03, Subdivision 16 - Traffic Visibility. The fence shall be 3' high, 30' from intersection of projected curb lines at intersection of Briar Street and Prospect Avenue. Note that fence cannot be installed within the road easement of Briar Street. Applicant's survey shows fence encroaching into easement area. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit L Exhibit M Application Property Owners List Plat Map Resolution #1836 Staff Memo Sketch of Fill Area - Temporary Easement Profile of Fill Council Minutes of 8/26/85 Easement Agreement Temporary Construction Easement for Sanitary Sewer Public Hearing Notices Survey/Site Plan Zoning File #1502 March 14, 1990 Page 2 of 4 History of Property - The original house on this property was razed by the City in the winter of 1989 as a result of a hazardous building action. There is no record of the actual location or setbacks for the former residence. Access to the original home war achieved via Prospect Avenue. Based on staff's recollection after several visits to this site, the setback of the original structure was approximately 10' from Prospect Avenue. The original structure appeared to be 50'+ from the traveled road of Briar Street. In 1985, a conditional use permit was issued by the City during the sanitary sewer project for the Crystal Bay neighborhood. Peview Exhibit C, note that Briar Street does not connect from Crystal to Prospect Avenue. As a condition of granting an easement for Briar Street through the properties, the City agreed to do certain filling and drainage improvements for the affected neighbors. There is a recorded agreement for the property to the immediate north enclosed in your packets (review Exhibit I). In that agreement, an underground drainage tile and catch basin was installed adjacent to the north line of the subject property (review Exhibit M). A conditional use permit for the subject property involved the filling of the north yard area to provide gentler grades draining northward to the catch basin at Briar Street or to the northwest corner of the property to the catch basin on the adjacent property. The neighbor to the north new voices concern that drainage from this new house will impact the property. The applicant has been advised to submit drainage plans for the new construction. It should be noted that the property always drained to the north and after filling o^ the property, the velocity of drainage was reduced by graduating the slopes. The City may wish to condition approval on the City Engineer's review of the final drainage plan. The applicant's surveyor will have drainage plans for review at the Planning Commission meeting. Review of Current Application - It is unfortunate that the City has no record of the exact i ion of the former residence, but it is apparent to staff the. .he proposed side street setback of the new residence would be placed further from that side street setback line at 22'. The 30' setback is satisfied at the north side lot line. The 50' street setback is met from the easement line. Note that in formally approving the area variance, we must exclude the road easement portion of the property. Zoning File #1502 March 14, 1990 Page 3 of 4 The applicant has not submitted elevations for the proposed building. The applicant has no definite plan at this time. He advises that it was his original intention to move a house from Bayside Poad to this site but that Is no longer feasible. Sewer has been assessed and a stub is available for connection to sanitary sewer. As noted above, the 5* fence cannot be located within the defined 25' easement area along the south lot line. A 3' high structure can only be placed 30' from the intersecting curb lines of Prospect Avenue and Briar Street to maintain safe sighting distance at the intersection. It should be noted that two other homes are located on Prospect Avenue. The one facing Briar Street achieves access off Briar Street. The one to the rear uses Prospect Avenue. Access to the proposed house will be from Briar Street. Applicant is advised of the need to review the access location with the Public Works Department prior to the issuance of a building permit for the new construction. Applicant's application lists hardships noting that it is a sewered area requiring 2 acre standards for a neighborhood that contains predominately 1/2 acre to 3/4 of an acre lots. There are delinquent real estate and special assessments against the property that must be paid prior to the City issuing a building permit. The City must be in receipt of proof of payment by the County upon the Issuance of a building permit. The applicant should also be advised that there is approximately $6,825.84 incurred by the City as a result of the hazardous building action. This fee is in the process of being assessed against the property. Applicant will have the opportunity to pay this off prior to the formal assessment ordered by the courts. An approval recommendation for this variance applicatio must include the following conditions: 1. Prior to issuance of a building permit by the City for the new construction applicant must provide proof from the County that delinquent real estate taxes and special assessments have been paid. 2. New driveway access off of Briar Street must be reviewed by Public Works Director prior to the issuance of a building permit. 3. Connection of municipal sewer prior to the issuance of a Certificate of Occupancy. ■BUii I Zoning File #1502 March 14, 1990 Page 4 of 4 4. The City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit and if the City Engineer feels it necessary, the granting of drainage easements to the City. CITY OP ORONO - VARIANCE APPLICATIONInitial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 'Pcospe.C^ #1 C : f- Property Identification Number (P.I.D.) /O //*7 ^ ^ ^•?/ OO / ^ CITY OF Dim 135620Attach le^il description to application if not included on a- APPLICANT Name /Tlic/icut ^ //y /L« /m /< SS~ Soiijfie^ l//euJ Ck. city; 0/€(fyioAddress: OWNER (if different than applicant) Name S Phone (home) V76 " /^6‘_ _ _ _ _ Phone (work) /( £TS'3S^(pZip:, Phone (home) ~ Phone (work) Address:ZLt.si^ci^A/MN /^Zip; Date Property Acquired e>?~ ^O (month/year) I (do) (do not) also own the adjacent parcels of land, PRESENT DSE OF PROPERTY Present Zoning District _ _ _^ I J3 Present Use of Property /o 7^ _ _ _ _ _ _ _ Other '^if^cify) Residential DESCRIPTION OF REQUEST Estimated Construction Cost $ Describ * request in detail: /o tXj! /o7^ VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Front X _ _ Hardcover Side Rear) Other S'" fie.AjC£- ^oUTTf- ^Xtrrtz/^ I HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations t ^ DESCRIPTION OP ONDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 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 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:_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 h;i,^her knowledge. / . Applicant's f-^gnature Date / OWNERS SIGNATURE ^ ^ u 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 memb'^rs for purooses of investiga­ tion and verification of this request. y / Owiier • sllSignature (g7T3_Alo^e/ScA/ Dat v/fO--------------- Applicant must have all submittals into tae City offices 25 days before the Planning Commission Meeting. Planning Co!n.vLssion Meetings are held on the third Monday of each month. Applicants mu ’>'• present at all scheduled review meetings of the Planning Commission an ''iCil. If an applicant is unable to attend a scheduled meeting, please ? arrangement: to have an authorized agent attend in your place and to ajvise the Buildina & Zoning Office of this change prior to the meeting. 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OF ■QRONd k- M ‘'THECITy.CCRESOLUTION OF YHE CITY COUNCIL NO. 1836 • A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 20 FILE «957 WHEREAS, Frerti W. Curtis is the owner of the property located at 2180 Prospect Avenue located within the City of Orono (hereinafter "City") and legally described as follows: In Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian, commencing 515.625 feet North of the Southwest corn.r of the Northeast quarter of the Southwest quarter, then North 130 feet, then East 208 feet, then South 130 feet, then West 208 feet to the point of beginning, (hereinafter "property"); and WHEREAS, on behalf of Fred W. Curtis, the City Public Works Department (acting as applicant) has applied to the City for a Conditional Use Permit to permit the filling of portions of the property with spoil material created by the Crystal Bay Sewer Project, per Municipal Zoning Code Section 10.03, Subdivision 20. Mianesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #957, 2. The property is located in the RR-lB single Family Rural Residential Zoning District. 3. The proposed fill consists of approximatly 370 cubic yards of clean fill material placed over the existing surface to a depth averaging 1 to 2 feet over an area approximatly 100' x 100’ in dimension. 4. The proposed fill will help to eliminate a low drainage area which has historically been too wet to maintain but is not considered as a wetland area. The fill will help to channelize the overland flow into a maintainable channel. 5. Thisfilling will not create a significant increase in the amount of drainage leaving the Curtis property nor will it have a significant effect on the neighborhood drainage pattern. 6. The City Council has considered this application including the findings and recommendations of the Plainning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. Page 1 of 3 1 City of ORONO QRQNC^ RESOLUTION OF THE CITY COUNCIL NO. 1836__________ 4** 7. The City Council finds that granting a Conditional Use Permit to allow the placement of fill 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 other 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 the Zoning Code and Comprehensive Plan of the City. CONCLOSIOHS, ORDER ARD CONDITIONS Based upon the above findings, the Orono City Council hereby grantsa Conditional Use Permit Municipal Zoning Code Section 10.03, Sub­ division 20, to permit the filling of portions of the property with spoil material created by the Crystal Bay Sewer Project, subject to the following conditions. 1985. 1. Placement of fill shall be in accordance with the approved plan submitted by the City Engineer. 2. 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 ''•unishable as a misdemeanor. 3. The undersigned owner has read, understood and hereby agrees to the terms of this resolution 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 Orono City Council on this 26th day of August, ATTEST: Dorothy M. Hallin, City Clerk Mary C. |^tler. Mayor (1) Property Owner Page 2 of 3 CETY OF QROWa Cityof ORONO RESOLUTION OF THE CITY COUNCIL • . NO. 1836 STATE OP MINNESOTA ) } ss. COUNTY OF HENNEPIN ) On this_ _ _ _ _ _ _ _ _ _ _ _day of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 1985 before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _, 1985, before me a Notary Public within and for said County, personally appeared _______________________________________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 "*-..l. ; • from: DATS: Council ‘ Michael P. Gaffcon, Assistant Zoning Administrator *V-A 8-22-85 SUBJECT: 1957 - Fred W. Curtis, 2180 Conditional Use Permit - Pill List of Exhibits Exhibit A - Plat Map Exhibit B - Property Owners List Exhibit C - Easement Sits Plan Exhibit D - Pill Placement Plan iV- Prospect - • f • ■•*•.•;•.*• :%:• 1 - ■ .' ri, •* .vr t'Jt' i -iC- Vr^ .vt>\ As part of the Crystal Bay Sewer Project^ w« hovo/tbm^PrVM^Jir portunity to correct an existing drainage problem and provide^Nr* ~ > and Mrs. Curtis with a maintainable back yard area..- The propoeaV^r^-?- will take approximately 370 cubic yards of excess fill from the sewer installation, raising the Curtis's back yard an average of " ' I* to 2*. This will also help to channelize the neighborhood ' drainage flow between the Jentilucci and Curtis properties. This is not a designated wetland area, but merely a .low • >■ intermittent collection area. The City Engineer has drawn up the .. plans. Staff recommends approval per the attached resolution. •jr’ - , ' *• ..J-.rj:5'V-•:V ^ p CONSTRUCTION OBSERVATION REPORT ifiS1CliMl ||•i^ »>i« lls^ ^.^.y '*/Bf Bat» 1*^ K*e/ c/c ,/ *4U 4.» 1-* z'-r . / .(^•76^'‘_, - . V /vl-.»/^ ^ ..y .f. ^ cy..»;,.; --:r’■■ iv:.{Jlrn^mM>^ ~ . 4. •' t «J *. «l»« i!tr 'jJ' :■!if:' = ■ J • { ■I • '• ^-f-f •v» J;1 •4«y ; . • .' .* ■'! i' ^ . : . } *•. . -•• 1 *, ••♦".-•*--* ^ t, I** — T a ’T^ a- • •.*• • / -v;| wm"i/r «„HNDAHCE 7:0. PH ,,, orono^ Fr?h™., Absent: Counciljem^rs GtabeK -"J "“jj'ji; - CONSEMT AGBHOA* It waa moved by »bi7°* ®“*^*VaalSi'*tSblJet“tS'J Motion, Ayes (3), Nays (0), ; ,;..jV^v? * ■ "^ri^ ■ I ■ ■■ ’ ?55SS ‘5BMli«lO „,S. Pillsbury, her attorney Steve present. zoning Administrator «?bu.th not^ the eertlfiMM|l mailing and aifldavlt of publication. • 1956 MBS. PBIUP H. PILLSBDBT 1200 BRACKETTS POIHT ROAD VARIANCB rBSOLOTXOM 11835 City Admlnistrstor Bernhartion stating that the old bo«* nev house Improves bh« ,*,tm is edequete;! 5;JnhI ”Sin .•t".'i. d%"h':t\ot a‘re"e end Jt-idth verlen^. ^ needed to conforr*. . • / zoning Adnlnistr itor Mabusth problems and it is ‘no lakoshore setb .ck a^ hardcow UMniBOuely lt that the Planning Commission recossne^^ : approve the variance a»:'licatione ‘ There -ere no comment, from the public and the public -as closed. .■- t» -as moved by Councilmember P«b"*, counciimember Adams, to approving the variance. Motion, Ayea ijm ^^CI957>.H. CURTIS PROSPECT AVBRUB COMDITIONAL USB PERMIT RBSOLOnOlf #1836 POW.1C SSAHIHG „„ for thl. »•«.. S2!{i?g'l^l^ffi^ e /v\ a ■.TfT------------'m "h.hutks op T.m peouiAP cboho couhcil hkbtihc held Htfous* 2«. 1»E*. «C 2^ „57 «RTIS c»"‘*"“|?,yMn.lnlstrotor “Vn *«J2S'5^ in .qraainent with the proposel. City Engineer Cook enpUined hl» ;P^“5|S correcting this probltra. : . Laoeen MoWillieme. 1130 HiUow Or., wee pteeent-f^.jWA matter but made no commentie • There were no commente fro- the public end the public h^r^ was closed.was closed. .concurrence. J^un^rJ-er^taeSi:.Conditional Use Permit. Motion, Ayes ui# apptoval of miwotbs i“ ' '■ "**,* i9es council "«*i:|/“;'’i£;.l'’Sy'^iSSii».5S2; PMUC C0HHI88I0H COWWW eoiTOont. froi. the Perk Cdweleeion. LAKB M1HM8T0MKA COMSBRVATIOM OISTIICT REPORT - DOCRING RBSTRICTIOHS • - Burr pelted lake. --------■••erpi Hurr reported that ‘h.^P h-ld • 14th reSerdlng the JuTny^eWl* *elf'^ sEss’«,‘S Si.TSr^'^ prove ownership. -V’v ^r Hurr preeent«J •"<> tlVkM^leeoed SumVlWd .ntorcaa>ent ir ■X EASEMENT AGREEMENT City Form 1985-1 THIS INDENTURE, made this Q day of , between Alexander J. Jentilucci and Dianne^^/CJerttUucci, husband and wife, of the County of _ _ _ _ _ _ _the state^ , (hereinafter referred to as Owner ), for the^elVes, “^TiTVir "heirs, successors and assigns, and the City of oSoSlTa minictpal corporation under the laws of the State of Minnesota (hereinafter referred to as City ). WITNESSETH: owner, in consideration of the sum of one Dollar other good and valuable consideration to Owner citv the receipt and sufficiency whereof is hereby acknowledged, doerorantrHrgLn, Quitclaim, and Convey unto the City, f°«ver, the following perpetual easement over and under and across real property locited in the County of Hennepin and the State of Tinnelota! and legally described in Exhibit A attached hereto (hereinafter referred to as the Easement Parcel ). said easement includes the free right to enter upon, un^er and over the Easement Parcel, to remove trees, ^ass dirt and other structures the.efrom, to construct, ^ repair and use sanitary ^ewes and water pi|es,man^^^ pump stations, streets, curb:, and gutters, oral g r .public improvements related thereto. in exchange for this permanent easement. City agrees to do the following for the Owner: 1 Remove one small tree within the drainage ditch area anS replace it with a small tree 2 1/2 inches in diameter. 2. Remove one tree stump within the drainage ditch area. a. To clean out the ditch located between the Jentilucci and the Curtiss properties according to the discussions between Mr. Gerhardson and Mr. Jentilucci. b. The City will have the currently broken tile line on the Ned Dayton property removed. 3. Construct the_drainage ditch bank to be at a four to one slope ratio or such other slope as owner and City may hereafter agree upon. 4. Resod the ditch bank once the construction and cleaning work has been completed. 5. City will use its best efforts to attempt *-.o remove a utility power pole from the west side of the newly created and defined Briar Street to the east side of the new Briar street. 6. The City will use its best efforts and every available means to have repairs promptly made to the tile line on the Dayton property to avoid or minimize any damage to owners property if tile line should break or fail. Owner agrees that the Easement Parcel shall not be encroached upon by filling, excavation, erection of buildings or permanent enclosures, which would interfere with the Public Improvements or which would otherwise obstruct access ther* to in any manner whatsoever. In the event that use of the Easement Parcel is at any time discontinued by the City, the City shall have thv^ right, but not the duty, to enter further upon the premises and remove all or any portion of the Public Improvements which have been placed upon, over or under the Easement Parcel, granted herein, by the City. The terms and provisions of this instrument shall run with the premises and shall extend to and be binding upon Owner, its heirs, personal representatives, successors and assigns. The Owners covenant that they are the record fee wners of the Easement Parcel and have legal title thereto and have lawful right and authority, without restriction, to convey the easement as herein granted. State Deed Tax Due Hereon: Exempt IN TESTIMONY WHEREOF, the owner has caused these presents to be executed the day and year first above written. Alexander J/^errtiiucci tiianne Jenti/ucci -2- STATE OF MINNESOTA ) COUNTY OF ) SS. ) co’unty, I 1985, before me, a notaryOn this ^ day of public within and for said cotinty, personally appeared Alexander J. Jentilucci and DianneJ^/^Jentilucci, husband and wife, to me known to be the persorfs^escribed in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. iisisir'Vuassii^ssssa *‘HCNNEPii^eeu|Q^ 4 l^otary Public This Instrument was Drafted By: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD 4344 IDS Center Minneapolis, Minnesota 55402 6407f Easement No. 7^ -3- City Form 1985-1 Sanitary Sewer ^ight of Entry Construction Easement RIGHT OF ENTRY AGREEEMENT TEMPORARY EASEMENT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS Sanitary Sewer Project/Crysta1 Bay The City of Orono (hereinafter "City'*) and the undersigned, (hereinafter "Owners"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid to Owners by the City, the receipt and sufficiency of which is hereby acknowledged, agree as follows; 1. Right to Cot :truct Sewer. The Owners hereby grant to the City, its successors and assigns, the temporary right and easement over and across the real property located in Hennepin County, Minnesota legally described in Exhibit A attached hereto and located generally on the map attached hereto as Exhibit B ("Property") to use and occupy the Property for the purposes herein stated, including but not limited to the accomodation of equipment, tools, materials and excavated earth at all times prior to June 30, 1986. Said construction easement includes the free right of the City, its contractors, agents and employees to enter ove., under and upon the Property at all times prior to June 30, 1986 for the purpose of facilitiating the installation and construction of the public sanitary sewer improvements on the lands abutting or adjacent to the Property, and includes the right with respect to the Property to excavate, fill and grade soil thereon, to remove trees, bushes, grass and other structures which interfere with construction, and the right to operate machinery and equipment on and over the Property, to store machinery and equipment and materials and supplies thereon i.n connection with such construction of public improvements, and to do anything necessary or useful or convenient for the enjoyment of the easement he»'ein granted. Following construction, the City will cause to be removed all machinery, equipment, materials and supplies and leave the premises in a neat and presentable manner with all disturbed areas reseeded to grass. 2. Agreement Documents, agreement. Exhibits A and B. This agreement consists of this 3. Covenant of Ownership. The Owners covenant that they are the record fee owners of the Property and have legal title thereto and have lawful right and authority, without' -'.striction, to convey and grant the right of entry and temporary easement herein granted. IN TESTIMONY WHEREOF, the parties have hereunto set their hands this day of Ull^ija^ 1985. V-TflQ.^y. Owners) U (7(Owners) ("Owners) CITY OF ORONO STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) this The foregoing instrument was acknowledged before m^e S' day of • 198 5, by Z?.O^rx^citcc^c a nd me knowntobe^the^ described in, and who executed the foregoing instrument, and ackowledged rhat they executed the same as their free act and deed. ^ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ _ _ day of _ _ _ _ _ _ _* 1985, by_ _ _ _ _ _ _ _ _ ___ _ the _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ of tho City of Orono, a municipal corporation, on behalf of the corporation. This Instrument Drafted By: Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. 4344 IDS Center Minneapolis, Minnesota 55402 5710f Notary Public -2- o 0)u tr uo 12u < cT* c jj *- r-im m ? >*re ;2 •4* ^ — re (/) X >. it V. O c rl 0 0 y. y < re -o re %: r- u>s o o ^ o - Vj lTI re 3 s X iT iT. re :>: >•re j: a 0) 9 9 C rH 0) ? 5 *0 'H j re •re *j vO <n-a >. 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U O-H o »c >,-*2 *G 5 >3. 5-Ss: ^ *m‘-3 j. *H “=i•5§ jaO u u**- C V- 'O'H o c r C o C7»J W CwO 3c c ^ 5" '* c = °2 OrvH C'O•*^ 5u p (0 4<ic 9 O u .5X0 O* u ^ W.H O c;3‘« C A Q 9 S ft. e0 M h4 01 c 2> O %4o >. 4J Moc.o o. o U <g a 00 •o •0)^4 rH^ nj e (A6 3 D .H « 0» M •ac <0 •oc <0.e ' >»e ov. c 4J •' ' c^* O * a> rj o >. o <u *o ft W) M g-= 4^ •H »-. S C M . U •H U Q *4 au w« V) V CE RTIF ICATE OF SURVEY Prepared for:MIKL HILbliLlNK j > .-1 Ail that. ;>art of the Noitheast Quarter of Lho South­ west Quarter of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: beginning at a point on the west line of th« Northeast Quarter of the Southwest Quarter (if said Section 10 51 5.()25 feet north of the southwest corner' of said Northcufit Quarter ot the Southwest Quarter; thence North 130.00 feet; thence hast 200.00 feet; thence South 130.00 feet; thence West 200.00 feet to the point of beuinninci. GENERAL NOTES o Oanotes iron oionument *♦" DtriotPS cross chiseled in concrele X 939.7 Denotes existing spot elevation 19391 Denotes proposed spot elevotion <- -..... Denotes surface droinage Doshed contour lines denotes proposed feolures Solid contour linos denotes existing features Proposed top of foundation elevation s Proposed bosement floor elevotion ~ Proposed garage floor elevation = BENCHMARK: ALI.-METRO LAND SURVEYORS 2340 DonitU Strut Long LoKo, Minnesota 55356 Ph: 475-1433 1 harvby certify Ilia I lilt* survey, plan or report NOS prepared by me or under my diroct tupervieion and tnol I om o duly Rosiaterod Lend Survoyer under Ihejowa of the Stole of Minnotolo L '72t/£ufU DATE zjztho REG. NO nozt^ 1 “ -■ 30* ■OOK eo moc 7 FILE NG 9001 1. A H CITY of ORONO Post OfTice Box 66•Crystal Bay, Minnesota 55323 • Municipal OfScaa On the North Shore of Lake Minnetonka March 21, 1990 Bonestroo, Rosene, Anderlik & Assoc. 2335 Highway 36 St. Paul, KN 55113 Glenn Cook Dear Glenn: I have enclosed a drainage plan for the Mike Kilbelink variance application for the prooerty located at 2180 Prospect Avenue. The major concern for this revie‘w is the drainage issue and the impact on the existing drainage faci]ity to the north, resulting from the development o- this property. Prior to the applicants surveyor providing an amended plan it would be appropriate that you provide direction regarding the following: 1. Design of underaround drainage tile within northern property and the potential impact'of this lot in a developed state. What kinds of information must applicants consultant provide. 2. Are there drainage contol methods applicable for single family development. Owner cannot legally send runoff to catch basin to north west as it is located within private property. 3. What is your concern if owner to the north has agreed to grant drainage easement over underground tile area. Is it necessary for the owner 'of the subject property to dedicate additional area for the draiange easement. As I will be out of town through April 2, 1990, I would ask that you copy your response to the City and also to Michael Rilbelink at 85 Golden View Drive, Long Lake, MN 55356. It is the intention of the proceed to the next Planning Commission meeting in given a deadline for submittal of revised plans of April 6, 1990. In my absence if you have any questions of ®PP applicant’s suveyor, please contact Mr. Hilbelink by phone (Home 476-1861 & work 475-2411). BUILOING a ZONING - 473-7357 ASSESSING ADMINISTRATION A RNANCE - 473-735* FAX-4734)510 PUBUC WORKS - 473-7359 Glenn Cook March 21, 1990 Page 2 of 2 Please let the Orono staff know if you need additional information. Please note the majority of the information on this file was sent to you for the March meeting of the Planning Commission. Sincerely, c^nne A. Mabusth, Building & Zoning Administrator JAM/jb cc:Michael Hilbelink, 85 Golden View Drive, Long Lake, MN 55356 Phil Nelson, All Metro Land Surveyors, 2340 Daniels Street, Long Lake, MN 55356 I o Ono G BonwoTML PE Hootn W Rosef’^ PE Joseph C AnoefUk. PE (hchaej E Himet PE Jjnies C Oion PE Gteon n Cook. PE Thom* E Noyw. PE Hoeea G Schoo^rn. PE Mervm Sorvju. PE KMh A GoAMn. PE W PoiWf PE Oonjid C Bu«g«dt. PE Jefry A BomPon. PE Mart A Mjoion. PE Ted K ffV PE M<h»e< T «*u«mann, PE RDOen R PWTtde PE Oevid O Loskou. PE Thofnjs W Pftenon. PE Mehjel C Lynch PE JjniM R MeUndl PE Kenneth P Anoason. Rf Mark R RoRl. P Robed C Rtiuei Thomei E MOWM A DJfWl J El VUrk A Se« PE Phkv J Catwek. P£ Mjfk 0 OWkl PE. I. -imas R Andenon. AIA 0*iy ’ Ryyndet PE L pQ&(Oktt m. PE ChjQB^^^klon srasss^luj Sunn M Eberwx C PA mar 2 8 1990 Bonestroo Rosene Anderllk & Associates Engineers ft Architects March 26. 1990 City of Orono Box 66 Crystal Bay, MN 55323 Attnt Jeanne Mabusth Re; File No. 139 Mike Hilbelink 2180 Prospect Ave. Dear Jeanne, The Hilbelink property should have drainage and utility easements around the lot perimeter. The north line should require a 20 foot drainage easement. There should be no filling in the north drainage easement except to provide positive drainage as agreed to by the City. The drain.ag<iT from the house should be directed to the front yard possible. The existing contours should be shown on the site plan. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. as much as Glenn R. Cook GRC;li cc! John Gerhardson 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 BONESTKOO, ROSENE, ANOERUK & ASSOC, INC Client &nof4<j Page ' CONSULTING ENGINEERS Proj. St. ^1, MiniiMOta Project ce'TSTAv.No. lit'S Calculations For Ti* sIta l-u t <_ i K.<frJ Prepared By Vr> c.Date I0/S4., Reviewed By Dote Pla>J jiCiJ ^,CC< A-A <?oMC» C-CuOU \Aj/ U>»|UC IHl Prepared for: 4|0/^O c•n4•^r» CERTIFICATE OF SURVEV ___MIKE HILBELINK —' * PRO^PECf AyiSu^ LEGAL DESCRIPTION: All that part of the Northeast Quarter of the South­ west Quarter of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows; Beginning at a point on the west line of th< Northeast Quarter of the Southwest Quarter of said Section 10 515.625 feet north of the southwest corner of said Northeast Quarter of the Southwest Quarter; thence North 130.00 feet; thence East 208.00 feet; thence South 130.00 feet; thence West 208.00 feet to _the_Eoijvt_.qf. beginning. GENERAL NOTES o Denotes iron monument Denotes cross chiseled in concrete * 939.7 Denotes existing spot elevation 19391 Denotes proposed spot elevotion ^--------- Denotes surfoce drainage Doshed contour lines denotes proposed feotures Solid contour lines denotes existing features Proposed top of foundation elevation s |ot.e Proposed basement floor elevotion « 9&.B Proposed garage floor elevation - )0i.& benchmark :If>v. of sewer cntch bttsir) near NW (orner of ftUvt * |oe.O ALL-METRO LAND 1 htrtby ctrtity Ihnl this turvay, plan or rsporl was prsparad by mt or undsr my dirtct tuptrviiion SCALE > an* SURVEYORS and that I am a duly Raglsterad Land Survtyor undar tht laws of ths StaU of Minnasoto. so 2340 Daniels Street '72c^£ufu BOOK zo RAGE 7 Long LaKe, Minnesota 55356 Ph: 475-1433 „.T. ^2'/noz^FILE NO1. 90OK, A 1 Michael Hilbelink 85 Golden View Dri>;e Long Lake/ Minn. 55356 March 14/ 1930 Jean Mabusth City of Orono p.O. Box 66 Crystal Bay/ Minn. 55323 CRvcr seoD^I MAR 1A 1990 Re: Lot at 2180 Prospect Ave Dear Jean/ Regarding the lot application on the property at *30 Prospect/ I do not have building plans as such. My original intent was to move a 1/500 sq. ft. onto to the lot. I have since abandoned those ^ this point/ do not know if I or someone else will A a spec, home on the property. I have provided a foot print of a home that I feel would fit nicely on that lot. I do realize that if this is approved/ that what ever is submitted in the future will have to be built within those set backs. I hope this answers your questions. I can be reached at H 476-1867 or W 475-2411. Thank you. ^^ClTV ■bfRONCM CITY of OROXO Post Office Box 66*CrysUi Bay, MinneaoU 55323 • Municipal Offices On the North Shore of Lake Minnetonka April 11, 1990 M.-. & Mrs. Alex Jentilucci 1295 Briar Street Wayzata, MN 55391 Dear Mr. & Mrs. Jentilucci; At the March 19, 1990 meeting of the Planning Commission, you advised of your willingness to grant a drainage easement over the underground drainage tile that runs along your southern lot line. The zoning staff has heard no further from you since that meeting. Prior to scheduling the Hilbelink application before the Council for final review and action, staff would appreciate receiving a written statement from you confirming your willingness to grant the drainage easement. It is also under­ stood that the City Engineer will draft the appropriate legal description for the drainage easement to assure that there is adequate area for the City to maintain the underground drainage tile and catch basin areas within your yard and your neighbor to the south. Please contact my office if you have an/ questions concerning the statements made in this letter. Sincerely, Jeanne A. Mabusch, Building & Zoning Administrator JAM/tln cc: Glenn Cook, City Engineer John Gerhardson, Public Works Director Mark Bernhardson, City Administrator BUILDING a ZONING - 473-7357 ASSESSING ADMINISTRATION 1 RNANCE - 473-7358 FAX-4734Hflfc PUBLIC WORKS - 473-7359 -r NCIL O. MCIKKILA orcoumbcc RONALD J. JOHNSON April 12, 1990 NEIL D. HEIKKILA & ASSOCIATES, LTD. ATTORNEYS AT LAW norwest bank BUILOINQ I □ I I SOUTH FIRST street • SUITE 430 HOPKINS, MINNESOTA 5S343 (612)935-2265 MAILINO ADDRESS P.O. BOX 5445 HOPKINS. MINNESOTA OTfCf OROHO a >PR 1 e 1990City of Orono ATTENTION: Planning Commission and City Council P.O. Box 66 Crystal Bay, MN 55323 RE: Adgenda Item 1502, Michael Hilbelink Request For Approvals and Variances to Construct a New Residence at 2180 Prospect Avenue Dear Planning Commission and City Council Members: I am writing to you on behalf of my clients, Alex J. and Dianne F. Jentilucci, who live at 1295 Briar Street. Their home abutts the 2180 Prospect Avenue (Hilbelink) property. As my clients, and their neighbors, Bob and Janet Johnson, have indicated previously, they have substantial concerns regarding the proposed building plan for the property. My clients object to the grantina nf the variance as now requested. Key concerns include the following: (a) Mr. Hilbelink proposes to place the structure on a location other than the site of the former residence. As evidenced by the property address (2170 Prospect Avenue), the former residence was situated toward the back of the lot and clcpser to Prospect Avenue. The proposed placement of the new residence would result in the structure being closer to the Jentilucci lot line and Briar Street, and in effect becoming a Briar Street residence as opposed to a Prospect Avenue residence. The new structure, which is substantially larger than the old residence, is proposed to be built in an area which had been lower in the past but was filled at the time work was being done on the Crystal Bay sewer project. Our concern is that placement of the structure will result in even more fill and run off toward the Jentilucci property. (b) As Mr. and Mrs. Jentilucci and Mr. and Mrs. Johnson note in their letter of March 19, 1990, to you, the existing drainage ditch was not sufficient to avoid the Jentilucci and Johnson homes being threatened by flood waters. We fear that the proposed construction and the landscaping which will be necessitated, will result in even more drainage of water toward the Jentilucci lot line and the existing drainage ditch. (c) As you may be aware, the existing drainage ditch is within the Jentilucci property. No easement has been taken by the City of r' City of Orono Page Two April 12, 1990 Orono. Yet, that drainage ditch is used to collect waters from other properties, and connects to the tile line on the "Ned Dayton" property. We understand that the City does have an easement for the drain tile through that property. It appears evident that the existing drainage system, the drainage ditch through the Jentilucci property connecting with the Dayton drain tile system is not adequate during periods of heavy rain. Under a letter of agreement issued by your city attorneys, on behalf of the City of Orono, dated July 26, 1985, the city agreed to make such repairs as were required on the tile line on the Dayton property. (d) It is our position that the Planning Commission and the City Council should not grant the variance as presently proposed. My clients would consider withdrawing their objections if the location of the proposed new structure were closer to the old site; if there were enforceable provisions that precluded any further change in lot elevations; and if the city would secure an easement over the drainage ditch in the Jentilucci property; and would enlarge the drainage systems so as to be able to handle larger quantities of water. We understand that the city may benefit from the sale of the property, there being assessments against the property, in favor of the city. But, we object to the 2180 Prospect Avenue property being improved at the expense of neighboring property and property owners. The city has set minimum lot sizes and set back requirements and should not grant a variance from same, where granting of said variance in all probability cause harm to adjoining properties. My clients have worked hard and invested funds to improve their property and are most concerned that the city permit no action which would put their property and its value in jeopardy. We believe it is possible to improve the adjoining premises (2180 Prospect Avenue), but only if actions are taken to avoid changes in elevation and to improve the capability of the existing drainage system to handle the flowage. v;e suggest that no action be taken with respect to approval of the variance until satisfactory arrangements can be made with same. Thank you for your consideration. Please provide notice to me and to Mr. and Mrs. Jentilucci of any and all City Council and/or Planning Commission meetings involving the subject matter. cc: Mr. and Mrs. Alex J. Jentilucci Mr. and Mrs. Bob Johnson To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Froai: Jeanne A. Mabusth, Building & Zoning Ad Date: May 10, 1990 Subject: #1503 Woodhill Country Club, 200 Woodh Preliminary Subdivision Pertinent Ordinance - 9 14 mo Chapter 11.33, Subdivision 4 (Exhibit H) Comprehensive Plan Transportation Sections (Exhibit I) List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit C D E F G1 H I J • Exhibit K Exhibit L Exhibit M Exhibit N • Application ■ Property Owners >st - Plat Map - Cook's Report - Engineer's Sketch of Road Improvement • Gaffron's Report -3 - Staff Sketches • Section 11.33, Subdivision 4 ■ CMP Transportation Chapter - Thomas V. Markle's Letter - Representative of Woodhill Country Club ■ Sketch Provided by Woodhill Country Club • Carpenter's Letter Dated 4/30/90 ' Planning Commission Minutes 4/19/90 • Preliminary Plat Review of Current Proposal and History of Property - The current subdivision involves a two lot division of the 20+ acre parcel defined as Outlet B of the recent Woodhill Ridge plat, currently owned by Woodhill Country Club. The division involves the creation of a 3+ acre residential lot and the remainder, an outlet. The existing private driveway is to continue serving Lot 3, Woodhill Ridge plat, the Prudden residence and the proposed new residential lot. The original 40 acre site was owned by John Pillsbury. Upon sale of the Pillsbury homestead, a 5+ acre parcel was divided off of the original 40 acre parcel and the remainder sold to Woodhill Country Club. The existing drive continued to serve the single residence. In a few years, the Country Club entered into a subdivision with John McDowell to create the Woodhill Ridge plat resulting in 5 residential lots and an outlot (Outlot B) to remain under the ownership of Woodhill Country Club (refer to Exhibit G3). Zoning File #1503 May 10, 1990 Page 2 of 5 »■ ' ' ' Th'e existing private drive legally defined through mutually benefitting easements and not shown on the plat will serve a total of 3 residence lots. Planning Cbanlssion Review - Please review the minutes of the Planning Commission (Exhibit M). The Planning Commission voted to defer all review and action of the application to the Council. The Planning Commission could not provide the required legal quorum for action because 4 of the 7 members are members of the Woodhill Country Club. The minutes do provide background on the neighbors and the applicant's concerns with the staff's review comments. Those concerns are reviewed in detail below. Road - Please review Exhibits D, E and Gl, the City Engineer's report calls for a 50' road outlot with cul-de-sac now that the roadway serves 3 residential units. Note that cul-de-sac has been placed in an area with gentler and flatter topography and less vegetation. The 50' outlot also extends northward from the cul-de-sac. This portion will serve the 3 residential units. The Engineer also recommends a 24' paved road. The current road is at a maximum 16-20' width. Staff has enclosed the sections of the ordinance and Comprehensive Plan that historically has provided a conflict in interpretation as to when is a driveway really a private road. The Comprehensive Plan, written in 1980, classifies a private driveway as serving up to a maximum of 3 units. The subdivision regulations, approved in 1984, classifies the need for a private road at a 3 unit density. It is staff's understanding that in recent court decisions, an ordinance has precedence over directives within a comprehensive plans but the City Attorney may be able to provide further direction in this matter. It should also be noted that the ordinance was approved 4 years after the Cox plan providing clear direction. The applicant and an adjacent neighbor have submitted written statements objecting to the installation of a private road and cul-de-sac because of the impact on existing residential development and the heavily wooded areas within the subdivision. Zoning File #1503 May 10, 1990 Page 5 of 5 The following conditions apply only to Option C: 1. Payment of private road fee to complete preliminary subdivision application ($600.00 + .50 per lineal foot). 2. Widen existing 16' drive to 24' width and install an 80* diameter cul-de-sac. Council Action - Provide staff with conceptual directions so that an appropriate resolution can be drafted for presentation and action by the Council at their May 29, 1990 meeting. /V CITY OF ORONO SUBDIVISION APPLICATION Date R|c'<^j4:)LflC_fl9fl||9. ^.Fee -tei-'' o mlM APPLICANT Name NDODHILL GOUNIRY CLUB Telephone 473-9647~^^gggjiBn) PROPERTY Name OWNER Mailing Address 200 Woodhill Road, Wayzata/ t« Attn; Benry Kin^nan SAWS________________________________ Telephone ____________ Mailing Address SAME (Attach list if more than one) PROPERTY LOCATION Street Address NONE - OUTLOT B^ WDODHILL RIDGE_________________ Property Identification No. (P.I.D.) 2-117-23-42-0010 Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) 14.5 -t-/- Acres Dry Lai i 2.8 +/- Acres Wet Land 17.34 Acres Total, all parcels Residential; no. of units Other (specify) Vacant Present Zoning District rr-ib PROPOSAL _ _ _ _ _ Division for Tax Purposes _ _ _ _ _ Lot Line Rearrangement Only (no new building sites) X Subdivision for New Building Sites Number of Building Sites: 0 Existing Units 1 New Units 1 Total Units Units per -r? Acres Square Feet Dry Buildable Land Residential (1 Lot) Other (specify) Cutlet (Vacant) Proposed Gross Density Minimum Lot Size: Proposed Use: (check) 3.11 (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes ( #10 ) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _ _ MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION 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 acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date _ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivisions) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00 $250.00 $300.00 plus 20.00/lot $150.00* Applicant has read the above and 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 \y.fyr\ gyijkjU^ Date / fOwner's Signature _ NOCDBILL aXMIRY CLUB Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. U /»=*ae m 9‘s 8 \tn uit 12& SSiiiS ^ at 0 9- M .1 < ^ m rJ.§-*riz S*2-S= ,1. 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PE Oianei A E'ickion LeoM Pawredk) HananM Own Suian M eberw C PA Engineers & Architects March 13, 1990 I I City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 139-1503 Woodhill Country Club Dear Jeanne: We have reviewed the proposed Woodhill Country Club Subdivision. There are several modifications to the plan that we would recommend. The access driveway should be platted as a 50 foot outlot. The driveway is currently paved 16 feet wide and should be widened to 24 feet. The construction of a cul-d-sac is reconuuended at the south west comer of Lot 1 Block 1. If you have any questions please contact this office Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC/df s 0) I CM ^*5 55 -5 3 g " U n W " 4» _ <U ^ *H /^v.rr_-:\x^^^:v::\;^•V^^^^ \\\\ \\ \ « y,/ .--V \ TO: Jeanne A. Manbusth, Building & Zoning Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: March 13, 1990 Subject: #1503 Woodhill Country Club - Subdivision - Septic Testing I have reviewed the site of the proposed bui Id' ng lot and would make the following comments; 1. The testing for septic system drainfield si* ; provided by S-P Testing indicates the use of a trench jrainfield system on 2 terrace levels at the north east corner of this steeply sloped lot. The tested sites provide the capability for as much as 950 lineal feet of drainfield, enough to provide for a primary system and nearly 2 alternate systems for a 5 bedroom home. 2. Sii*ce these sites are at the high end of the lot, one would expect some under ground drainage following the contours down the hill. With 80% of the lot having slopes greater than 18%, it would be critical to avoid placing the house directly downhill from the drainfield sites. Furthermore, it would be advisable to do no grade cuts within 50* downhill from any of the drainfield sites, and within 20* laterally at a level equal to the sites. Because thslopes near the drainfield are so steep, it would seem to be within the authority of the septic code to require these special conditions on site grading. 3. To that end, I have sketched on the S P Testing design, a "protected area" in which no structure and no grading or cuts should occur. Based on the preservation of this area and the stipulation that no cuts occur, I would recommend approval of the building site, finding that the provisions of the septic code for a buildable site are adequately met. c 1 I rr6 C V ilL __ f Ki1 1 J-^h ‘.J / r 9,% f- « ■ss ^ I 35 • • •^ N r> a >.-a"5 s ti k a C.^Si ?pf 6' bt b0) j: o G-3 ii iia % *Zj % h •j» %. 'cr> ;>!2ic ’ s 1 3' ■■ c !i: 2\ 2 • ' ^ i fHgl ^ ^‘■^'T'.. ".*:t 1 K\ :1h I 1 2 ?'i‘§ 7/ 'O ? !i -H il fiH i!i^ ;i:ililiO « J -J i- -^i! AL ■t li-- •jt ■ ^ liii '■iy '.*) K O ►; ?j r; «lf/#» »» ••* •» ^ nt) »»»rw mj0.*tjtm. if lO 0^ !•» V K ^ fm990 ^ ^ "•t.t».itjf> o **"* fI /i|» ^ it L — 1? I > iy/^ feiffe L_____«TKHcbo/y.lAV______» TKHCjoO/y. ^yjggf^ SCaVH?H0 0K?L'C7 | / .: - //^ ! 111 UJ X (A S 11.33 D. Intersections shall be designed with a flat stopping area of at least thirty (30) feet in a residential area and sixty (60) feet in a commercial or industrial area. The stopping are? shall be designed to provide a maximum grade of two (2) percent. E, Where any street intersection will involve earth banlcs or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or vegetation (including trees) in connection with the grading of the right-of-way to the extent deemed necessary by the City to provide an adequate sight distance. F. The crown of all streets, intersections, shall be three percent (3%) or less. including Subd. 4. Typical Section. The typical section indicated herein is as determined for a Clay Subgrade (A-6 Soil Classifica­ tion) and may be subject to change, to be determined by the City. Soil borings may be required Private Street - Residential Units R.O.W.*M.P.W.** 3-6 50*24' Over 7 50'28' Public Street - Residential Units R.O.W.*M.P.W.** 3-10 50'28' Over 10 50'32' Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface 8" Class 5 100% crushed 3" 2341 Bituminous Surface Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface 8" Class 5 100% crushed 3" 2341 Bituminous Surface Maximum cul-de-sac length - 1,000' Maximum number of units on cul-de-sac - 10 Public Street - Commercial or Industrial Units 1+ R.O.W.* 70' M.P.W.** 32' Section 8" Class 4 8" Class 5 100% crushed 4" 2341 Bituminous surface * Right-of-way Width ** Minimum Paved Width ORONO CC (4-1-84) TRANSPORTATION JUNE, 1980 SCENIC PARKWAY Scenic parkway is a designation and classification used fay the Cities of Minneapolis and Saint Paul and applied by Orono to those roads which traverse especially scenic and environmentally significant areas of the City. The scenic parkway is typically a narrow, curvy, slow speed road which provides access to recreational areas and special vistas of scenic attractions. High volume through traffic and commercial traffic is not appropriate on scenic parkways because these users do not benefit from the attraction and because the physical nature of the roadway is not conducive to efficient through traffic movement. Because of environmental sensitivity, scenic parkways cannot be rebuilt into higher capacity collectors or minor arterials without adversely affecting the natural setting, the scenic quality of the road and/or the property rights of abutting landowners. Because of the natural topography of the area, scenic parkways also provide some of the traffic and local access i-unctions of both local and collector streets. JURISDICTION: COUNTY OR CITY RIGHT-OF-WAY WIDTH: 50-66 FEET LOCAL STREETS Local streets are public streets that function to provide direct access to abutting properties. Local streets carry traffic within neighborhoods rather th. n through traffic between neighborhoods. Inter­ sections with collector streets are controlled by stopping the local street traffic, JURISDICTION: CITY RIGHT-OF-WAY WIDTH; 50-60 FEET DEAD-END; LENGTH WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATIONS PRIVATE ROAD A private road is a privately owned and privately maintained road, located in the rural area or within a planned development, that functions as a local access street. The City will require that private roads be constructed and maintained to City standards. The City will acquire an easement for public ingress, egress and access to all properties but the City will allow the property owners to limit normal use of the road to the benefitting landowners and their invitees. Private roads will be located on platted outlots intended for joint and several ownership by all the benefitted property owners. JURISDICTION; HOMEOWNERS ASSOCIATION WITH UNDERLYING EASEMENT TO CITY MAXIMUM SERVICE; APPROXIMATELY TEN RESIDENTIAL PROPERTIES RIGHT-OF-WAY WIDTH; 30-50 FEET DEPENDING UPON NUMBER OF USERS DEAD-END; LENGTH WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATIONS ^ transportation JUNE, 1980 PRIVATE DRIVEWAY A driveway is a privately owned and privately maintai: vehicle path between the street and private property. Private driveways shall be subject to access permits according to the classification of th- abutting street. Private driveways will not be subject to any public easement or access right, but do require recorded private easements wher driveways cross an intervening private lot between the residence served and the street. JURISDICTION: PROPERTY OWNER MAXIMUM SERVICE; 1 RESIDENCE TYPICAL; JOINT DRIVEWAYS ALLOWED WITH MAXIMUM THREE RESIDENTS PER DRIVEWAY IN RURAL AREA! MORE USERS REQUIRE PRIVATE ROAD STANDARDS DRIVEWAY WIDTH: WILL BE REGULATED WHERE MORE THAN ONE USER IS INVOL\ OR FOR PUBLIC SAFETY PURPOSES WHERE THERE IS EXCESS! LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD EXISTING ROADWAY MAINTENANCE JURISDICTIONS ARE REASONABLE AS THEY RELATE TO THE CLASSIFICATION PLAN. The State of Minnesota has appropriate jurisdiction over the only Intermediate Arterial in the City. The Hennepin County Department of Transportation has jurisdiction over the only Minor Arterial designated in the Plan. It is anticipated that Hennepin County will assume jurisdiction in the future over the City- built ring route link between County Road 19 and County Road 6. Hennepin County has jurisdiction over most of the designated Scenic Parkways which is appropriate in that these roads serve as access to Lake Minnetonka and to County maintained landings for many County residents who do not reside in Orono. The City has jurisdiction over those Scenic Parkways that are away from the immediate lakeshore, including the access road to the Orono Golf Course. The City has appropriate jurisdiction of most of the Collector and all of the local streets which serve all Orono residents. Certain key street segments have been designated for Municipal State Aid construction assistance, including: OLD CRYSTAL BAY ROAD from County Road 6 to Fox Street, County Road 84 WILLOW DRIVE from County Road 6 to State Highway 12 and from the Long Lake border to Fox Street FOX STREET from Willow Drive to County Road 146 McCulley Road (Ring Route link) between County Road 6 and County Read 19 Finally, individual property owners have appropriate private jurisdiction over those Private Roads serving only their individual properties. CMP 7-17 >v WOODHILL COUNTRY CLUB 200 WOODHILL ROAD WAYZATA. MINNESOTA 55391 473-7333 APR i e 1800 April 13, 1990 Honorable Mayor and Members of the City Council of the City of Orono P.O. Box #72 Crystal Bay, Minnesota 55323 SUBJECT:WOODHIU. RIDGE 2ND ADDITION Woodhill Country Club Dear Mayor and Council Members: Our letter is written for several purposes. 1.To respond and react to the City Staff Rejxjrt dated March 14, 1990 relating to our proposed subdivision. 2 •To respond to thoughts expressed at the Planning Commission meeting of March 19, 1990. 3.To state our hopes and desires for the subdivision of our property. previously owned by John and Kitty Pilisbury. Oir Property. Citlot B is currently bisected by a conmion private driveway. Fhe Woodhill Road and heads westerly existing parcels. One is owned by Mr. John Prudden and the other is lx)t 3 of Woodhill Ridge. A new home is being built on lx)t 3 ?ind hrxs teen undlr c^tri^tion since last year. We propose to divide a new lotjrom our Oitlot B to create a third user of the dry eway. We proposed to retain the remainder of the current Outlet B in its present state. The existing private driveway traverses our land through^ ease^nt. 'fhe easement is depicted on the preliminary plat prepared by bathre- Borgquist, Inc. This easement is 33 feet wide. J The City Staff Report indu'.ites that the staff desires that we create a 50 foot wide road outlet vn.ii a cul-de-sac since the private driveway would now serve three residential linits. The staff report further recommends that the private driveway be widened. They indicate that a width of 24 feet would he appropriate now that the driveway would serve three homes. It has been our belief and that of our Consultant, Sathre- Bergquist, Inc., that it has been City policy to allow three homes to be served by a common private driveway (but if a fourth home is added ^e driveway must be converted into a private road and built to standards resembling those of a private or public road). We are frwikly surprised that the City is asking us to change the character of this driveway. We thought that we were proposing a division that was consistent with the City’s F»licy relating to private driveways. We very mi^h want to maintain the character and feel of the country lane as it exists now. We have proposed the division of the property in such a way as to tuck the future home back into the wooded hillside. We have done this to maintain the character and charm of this area. We are opposed to the widening of the driveway from a philosophical standpoint. It se^ to us that this driveway is adequate to support the existing and future residents. We believe that the introduction of widening and a cul-de- sac turnaround would be more disruptive then it would be beneficial. The Planning Commission asked questions about the development of the new Lot 1 on the preliminary plat. They wondered whether or not there was a site plan available showing the home and driveway to be build on We propose to sell the lot to a buyer who would custom design the homes!te and driveway. It has been our belief that the homesite would be toward the north and west portion of the lot with the driv^y from the new home going straight west to the conrvon private driveway. Several years ago Sathre-Bergquist, Inc. prepared a conceptml drawing showing driveway access to the lot. We attach a copy of this concept for your review. This is our best guess. It has been the desire of Woodhill Country Club to maintain the visual character of this area. We propose to subdivide a Lot f^ our Outlot but propose to do so in a manner that would not m^e the new homesite nor home within it obvious nor dominant over the balance of the neighborhood. We must express our opposition to changes in the driveway and the loss of trees necessary to widen the existing driveway. It is our firm belief that the existing driveway does and will continue to serve the existing and future residents very adequately. We respectfulIv request that the City Council grant our request for the platting of our prop<'rty without requiring the private driveway improvements which the city engineer has requested. Thank you for your consideration. Sincerely, Thomas V. Markle, President Woodhill Country Club L Marcu 30. 1990 Hr. Bdvard Callahan, Orono City Councilman 2S4S North Shorn Drira P. 0. Box 72 CryataX Bay. NN 55323 IBl #1503 Voodhill Country Club. 200 Voodhill Road Praliaiaary Snbdiriaion - Public Haaring Boar Nr. Callahant I attaadad tha aaating of tha Orono Planning Coaaiaaion on March 19. 1990. That oecaaion vaa tha firat tiaa any inforaatioa about tha abara propoaal vaa aada arailabla to thoaa paraona vhoaa proparty adjoina that of Voodhill Country Club. I as an adjoining proparty ovnar at 480 luaaall Avanua. I an vary concaraad about tha propoaad altaration of tha landacapa. Thia ia an araa that haa a portion dodicatod to vatlanda for tho protoction and foatoring of bird and aniaal lifo. Tha 50 foot right of way uandatad by tho Planning Coauiaaion would radically altar tha araa. and raguira tha cutting down of valuabla vagatation which ia not only aathatically daairabla. but a rafuga for vildlifa. I don't boliava tha full iaplicationa of changing thia froa a country lana hava baan adaquataly atudiad. In addition. I do not balieva tha City Council or tha proparty ovnara hava anough datailad inforuation to anabla than to ba fully awara of what additional affact thia propoaad'aubdiviaion and nandatad road and cul-da-aac would hava on tha va^aa of our propartiaa. Tha ganaral drawing in of tha road on tha aurvay ia vary tton-opaclfic an to oxact location. Thank you for your conaidaration of poatponing any dociaion on thia uattar until all tho facta ara known and all intoraatad partiaa hava a ehanca to voica thair opiniona. Sinearaly. NCiul Joaaphina B. Carpantar (Mra. Thouaa K.) Capiaa Tat laary S. Klagataa. Jr. Jaka J. Taylor Tkaaaa Harkla MINUTES OF THE MARCH 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 Scuv-Iiler. Council Representative Nettles was present, as were Councilmembers Peterson and Callahan. #1503 WOODHILL COUNTY CLUB 200 WOODHILL ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 P.M- TO 7:25 I .M. The Affidavit of Publication and Certificate of Mailing were duly noted. IW Mr. Thomas Bergquist of Sathre & Bergquist behalf of Woodhill Country Club. was present on 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 McNeJlis, 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 IJj 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 MAj d 19, 1990 PLANNING 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. Carp inter if the formal access to her property was achieved from Dicxenson Street. Ms. Carpenter indicated that is correct. Mr. McNellis asked where the Country Club is proposing to place the access to the nev loc. Mabusth answered that information pertaining to the location of the new driveway has not been submitted. Mabusth indicated that more than likely the house would be constructed to take advantage of the views from the higher 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 '.?xpressed c-^ncern 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 resolvr^d. 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. w-rNellis asked at constructed. ;he cul-de-sac would be Mabusth replied that the -de-sac would be platted at a 10u‘ diameter and City standards require 80' for the finished diameter. Mr. McNellis asked whether all trees within an radius would need to be removed. Chairman Kelley replied that every attempt is made to have as little impact on the trees as possible. Mr McNellis stated that any tree removal that occurs for the construction of the cul-de-sac will have an impar on the Carp nter propertyI - 2 - yV^MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETINGZONING FILE #1503-WOODHILL COUNTRY CLUB CONTINUEDMabusth Si*id that thers 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 take 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 *requent 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 Country 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 - MIHUTES of march 19, 1990 PLANNING 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 i) place the access to the new lot. Mabusth answered that information pertaining to the locati^n of the new driveway has not been submitted. Mabusth indicat2d that more than likely the house would be constructed to tc ;<e advantage of the views from the higher elevations. If that is the case, Mabusth said the driveway would probably be located where the City Er.^ 't».r is showing the cul-de-sac. Ms. Carpenter expres'-^ed concern regarding the location of the cul-de-sac. . Carpenter also noted that the property Ixne 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 bv :ause 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. Mc.;ellis 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* for 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 have as little impact on the trees as possible. Mr. McNellis stated that any tree removal that occurs for the construction of the cul-de-sac will have an impact on the Carpenter property! - 2 - From: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zo^ May 1, 1990 /O WAY 14 1990#1508 Donald Olson, 4590 North Arm Drive - ^ Var ance/Conditional Use Permit - Resolj^^yi^Q^ OROH Zoning District - LR-IA, Single family lakeshore residential, 2 acre minimum, unsewered Application -• Request for conditional use permit to keep up to 2 horses on the property. Original application contemplated use of an existing structure on the property for housing the horses. Applicant has since noted he does not intend to use that structure for animals. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Discussion - Proposed Resolution Notice of Planning Commission Actio’> 4/23/90 Planning Commission Minutes of 4/16/90 Memo & Exhibits of 4/12/90 Please review the memo and exhibits of April 12th. Briefly, applicant is requesting approval to keep 2 horses on this 5.49 acre property. The keeping of horses requires a conditional use permit in the LR-IA zoning district. The Planning Commission reviewed this request at their April 16th meeting, and voted 4-2 to recommend approval of the conditional use permit with no variances, conditioned on the following; 1. No pasture area or animal housing structure may be located between the street lot line (south lot line) and the front line of the house. 2. Up to 2 horses may be kept on the property in a structure meeting the above noted location requirements as well as other standard horse barn location requirements. 3. The existing garage/canopy structure between the house and North Arm Drive may not be used for housing horses. These conditions in part responded to concerns expressed by neighboring property owners about run—^ frcm the pasture area. Staff would also note that at its do nolnt, this property is approximately 900' from the dredged .lel abutting North Arm, and approximately 1,800' from the laV proper. Zoning File #1508 May 7, 1990 Page 2 of 2 Stafr R •ndation - Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached. MPG/tlntV"»\: A RBSOLOTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (MAN) AND SECTION 10.23, SUBDIVISION 4 (A) FILE 11508 WHEREAS, Donald Olson (hereinafter "the applicant") is the owner of the property located at 4590 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: The South 854.50 feet of the West 280.00 feet of the Southeast quarter of the Northwest quarter of Section 6, Township 117N, Range 23W of the 5th principal meridian, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the keeping of horses on a property within the LR-IA Single Family Lakeshore Residential zoning district per Municipal Zoning Code Section 10.20, Subdivision 3 (M & N), and Section 10.23, Subdivision 4 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1508 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District, in which the keeping of domestic animals for non-commercial purposes is a conditional use. 3. On April 16, 1990, the Orono Planning Commission reviewed the application as proposed and recommended approval on a vote of 4-2, based upon the following findings: A) Lot area is 5.49 acres, all of which is dry buildable land. B) The applicant is requesting permission to keep 2 horses on the property. In Orono's rural zoning district, only 4 acres would be required for keeping 2 horses. Page 1 of 4 mm C) The west boundary of the property abuts the RR-lB rural residential zoning district. D) Keeping horses on the property would not be detrimental to the neighborhood and would have no significant effect on neighboring properties, as long as the horses are kept to the rear of the property and housed in a suitable shelter. E) The property is located approximately 900' from the dredged channel abutting North Arm, and approximately 1,800' from the lake proper. Keeping of 2 horses on the property will have no negative impact on the lake. 4. The City Council has considered this application including the findings and recommendations 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 the keeping of 2 horses on the property 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 10.20, Subdivision 3 (M & N) and Section 10.2' ubdivision 4 (A) to permit the keeping of up to 2 horses on I 5.49 acre property located at 4590 North Arm Drive, subjec :o the following conditions: 1. No pasture area or animal housing structure may be located between the street lot line (south lot line) and the front line of the house. 2. Up to 2 horses may be kept on the property in a structure meeting the above noted location requirements as well as other standard horse barn location requirements. 3. The existing garage/canopy structure located between the house and North Arm Drive may not be used for housing horses. Any proposed structure for the housing of horses must meet the following required setbacks: Page 2 of 4 a) 75' from ail property lines; b) 150' from any neighboring residence structure; c) no closer to North Arm Drive than the existing residence structure on the property. 4. 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. 5. 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. May, 1990. ATTEST: Adopted by the Crono City Council on this 14th day of Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) S3 . The foregoing instrument was acknowledged before me on this 14th day of May, 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 Pub:iic My Commission Expires Page 3 of 4 CITY OF ORORO P.O. Box 66 Crystal Bay, MN 55323 ..ONING PILE NO. 1508 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 04/23/90 Donald Olson 4590 North Arm Drive Mound, MN 55364 COPIES TO: TYPE OP APPLICATION: Variance/^^;^p DATE OP MEETING: 4/16/90 VOTE: 4 For 2 Against Planning CoBBission recoBBends the following: Approval subject to conditions noted below MOTES AND SPECIAL CONDITIONS: 1. No pasture area ^ animal housing structure may be located between the street lot line (south lot line) and the front line of the house. 2. Up to 2 horses may be kept on the property in a structure meeting the above-noted location requirements as well as other standrd horse barn location requirements. 3. The existing garage/canopy structure may not be used for housing horses. Applicant's next scheduled meeting is confirmed as: City Council Monday, May 14. 1990; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minute?, they are available from the City Recorder after review and approve 1 by the Planning Commission. MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING #1508 DONALD OLSON 4590 NORTH ARM DRIVE CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 8:26 P.M. TO 8:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Olson were present. Gaffron reviewed the information presented in his April 12, 1990 memo. Ms. Barbara Dunsmore, 420 North Arm Drive, expressed concern regarding the possibility of the horses being housed in front of the Olson's house. Kelley asked Ms. Dunsmore and Mr. Olson if either would object to a condition that the horses and pasture area be located behind Olson's house. Mr. Olson stated that he had no intentions of housing the horses in front of his house. He said that he was taking ’.his step first * see whether he could have horses on the property before he in ested in the construction of a barn. Bellows questioned whether the City had any standards pertaining to proper sheltering of animals. Gaffron stated that the City did not have such standards. Bellows asked whether a requirement that the shelter be suitable for all seasons could be incorporated into the provisions of the conditional use permit. Kelley opined that such regulating was beyond the Planning Commission's realm of responsibility. There weie no further comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded bv M'^os, to recommend approval of the conditional use permit for iionald Olson to keep UD to 2 horses on his pr -perty provided the horses are housed in a‘ new, all season structure meeting proposed horse shelter standards and that both the animal enclosure and pasture be kept behind the line of the existing house. Hanson questioned whether staff had the proper knowl?dge regarding the housing of horses to enforce such provision. Gaffron stated that staff would have to do some research. Motion, Ayes-3, Johnson, Hanson and Kelley, Nay, Motion failed. It was moved by Kelley, seconded by Johnson, to recommend - 8 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1508-EXDNALD OLSON CONTINUED approval of the conditional use permit for Donald Olson to keep up to 2 horses on his property provided that both the animal housing structure and pasture be kept behind the line of the existing house. Motion, Ayes-4, bellows and Moos Nay, Motion passed. #1509 EARL FREEMAN 4545 WATERTOWN ROAD VARIANCE PUBLIC HEARING 8:37 P.M. TO 8:39 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Freeman was not present for this matter, nor was there a representative on his behalf. Mabusth reviewed the information in her April 11, 1990 memo regarding this application for variances for an existing accessory structure. Mr. Thomas Hallquist, 415 Deborah Drive, stated that he was concerned about public safety due to the condition of the accessory structure, well and storm cellar. Mr. Hallquist stated that the structure could remain if it was cleaned up. Hanson concurred with Mr. Hallquist and said that he would be willing to give Mr. Freeman a limited amount of time to entirely clean up the site. He suggested June 30, 1990. Johnson asked if it was Mr. Freeman's intention to sell the property. Mabusth stated that she understood that to be his intention. There were no further 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 the variances to maintain the accessory structure, conditioned on the folloMng; That the site be completely c' aned, all debris and safety hazards removea by June 30, 1990. If this condition is met, the structure may remain with no principal structure until June 30, 1991. Bellows asked why Hanson was providing such an extended period of time. Hanson stated that Mr. Freeman resides out of State and that may cause mor* delays th^n if he resided close by. Motion, Ayes-2, Nays--i, Motion faile Hanson suggested that staff inspect the sit. I make a list of all the items on the site that pose a safety hazcird and should be removed. - 9 - 5TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P, Gaffron, Asst Planning & Zoning Administrator Date: April 12, 1990 Subject: #1508 Donald Olson, 4590 North Arm Drive - Variance/Conditional Use Permit - Public Hearing Zoning District - LR-IA, Single family lakeshore residential, 2 acre minimum, unsewered Application - Request for conditional use permit to keep up to 2 horses on th 2 property and to house such horses in an existing structure less than the required 75' from the side lot line. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Air Photo Exhibit F ~ Staff Sketch, Allowable Animal Barn Locations Exhibit G - Code Section 10.20, Subd 3 (M) & (N) Pertinent Pacts - 1. This property contains approximately 5.49 acres total, less .09 acre for North Arm Drive, and less approximately .02 acre for the travelled portion of North Arm Lane (which for most of its length is a privately owned road outlot maintained by the City). Net resulting lot area is 5.38 acres. 2. The LR-lA zone allows animals as a conditional use rather than as an accessory use. A copy of the animal conditional use regulations Section 10.20, Subdivision 3 (M) and (N), is attached. In general, those regulations require; A) At leact 3 acres in total to have 1 horse, and 1 acre for each additional horse. B) ^ ■) acreage must be dry buildable land. C) A.-jy accessory building used to house horses for non-commercial purposes must be located at least 75* from all lot lines and at least 150* from neighboring residences. 3. Applicant requests to keep 1 or 2 horses. The total 5.38 acres would normally be limited to naximiim of 3 horses. Zoning File #1508 April 12, 1990 Page 2 of 4 4. 5. 6. 7. The survey indicates that the fenced "corral" area is approximately 5' from the west lot line, 10' from the north lot line, and about 25'-30' from the east lot line abutting North Arm Lane. The code does not require a lot line setback for such a pasture area. If applicant constructs a new accessory building to house horses, such a building could easily meet the necessary 75' setbacks from lot lines and 150' setbacks from existing ne^^hboring residences. All existing neighboring residences i- 150' or more from applicant's lot lines. Applicant has noted that until such future time that a ho^e barn is constructed, there would not necessarily be a fully enclose'^ horse shelter constructed. From discussions with thi -int, staff concludes that the applicant's plans ma ’ e temporary housing of horses in the existing canc. ea attached to the garage on the property, south of t.’* ise. This structure consists of a 20x28' garage and adjacent 28x25* canopy, located 24' from the west lot line ana approximately 225' from the adjacent residence structure to the west. However, this garage and attached canopy also are located closer to the street than applicant's residence and staff would make the interpretation based on Section 10.03, Subdivision 9 (D), that any modification to this existing structure will require a separate variance application. Note also that the garage structure is 581 square feet, with the canopy being 713 square feet for a total of 1,294 square feet. Enclosure of the canopy area would make this an oversized accessory structure, and woo Id therefore also require execution of the required covenant per the recently amended accessory structures ordinance. At 5+ acres, this property would be allowed, via the accessory structure ordinance conditions, 1 ac t^essory structure up to 2,200 square feet, and additional other accessory structures totalling no more than an additional 2,200 square feet. Therefore, should the applicant wish to construct a separate horse barn 'r loafing shed near the pasture area, it would appear ve * feasible to do so. The applicant has suggested for the first few i'ears^ might be only kept on the property during the summer, henc- construction of a permanent barn that meets all code requirements might not occur for a while. Zoning File #1508 April 12, 1990 Page 3 of 4 Discussion - Given the nature of the existing garage and canopy, and its location near a lot line and between the house and the street , staff would recommend that this structure not be allowed for housing of anim^ils, either on a temporary or a permanent basis. The structure is in such condition that the applicant has in the past approached staff about tearing it down and rebuilding on the same foundation. He has been told this would require variances. There would appear to be adequate area in which to construct a barn or loafing shed that meets all setback and location requirements. The applicant has not suggested whether he would revise the fenced pasture areas. Nothing in the code prohibits him from using additional areas anywhere on the property for pasture. As of this writing, staff has received no comments from neighboring property owners regarding the application. Note that the boundary between the LR-IA and RR-lB districts follows the west property boundary. That boundary was defined along the quarter section line when the zoning districts were layed out in 1975. The property is located approximately 900* from the dredged channel abutting North Arm, and approximately 1,800* from the lake, proper. Hardcover and runoff to the lake are not significant factors in the application. Staff Recomnendation - Absent any comments from neighboring property owners, staff would recommend approval of the conditional use permit to keep up to 2 horses on the property, finding that the lot has adequate acreage, and finding that a suitable structure for housing of the proposed horses can be constructed to meet all required setbacks, as follows: 1. 75* from all property lines; 2. 150* from any neighboring residence structure; 3. no closer to North Arm Drive than the existing residence structure on the property. A diagram indicating the allowable locations is attached as Exhibit F. Zoning File #1508 April 12, 1990 Page 4 of 4 Planning Commission would have to find unique and unusual circumstances about the existing garage/canopy building and its location in order to justify a recommendation for approval of its use for animal housing. Additionally, applicant should be further advised that any modifications to enclose the canopy structure for any purpose would necessarily require location variances as well as being subject to the oversized accessory structure ordinance provisions. n ;• V r. -fj CITY OP ORONO - GEN1!IIAL LMTO- O^-APPLl'tetloS"—^ PROPERTY LOCATION Site Address _ _ _ _hJoA"77-l /he/T) _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) ^ ^ ^ ^ ^ ^ ^ M O O O --------------------iMrcMi %. 02/27/Please attach legal description to application if not included on required survey. CITY OF ORiW APPLICANT Name X)oNo.fJ, C. OJ soa J Phone Phone (home) F92<9 (wor)c) Address City J^/n/AJtD Zip OWNER (if different than applicant) Neune cls Phone Phone (home) Address City Zip Date Propertv Acquired "^ / / ^ 1 9^(month/vear) I (do) (Tdo notjyalso own the adjacent parcels of land. 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 __ _ _ _ _$20u.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 schedule PRESENT USE OP PROPERTY Present Zoning District Present Use of Property R- lA Residential Other (specify)__ DESCRIPTION OP REQUEST Describe request in detail: .KjiOl^St !<J!a ^ J -hi 2 ^ ^ P- REQUIRED SUBMITTALS 1. Completed Application Form. 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 survey (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 separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Proi rty 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'^e best of his/her knowledge. Applicant's signature (1 C^l^ —- Date ^ ^ C? 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, and Council members for purposes of investigation and vi Owner's signature ve*ificatiyi^f this request. - -pate 0^-23-10 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. AST >Jia»T7»oy»*-■^ w .r: •------------ 19 m-U. . . - . 229. SB ?^6.1T ■ .4 -ARM- 4C2.96 427. a6 m -n- - s SBU TiS T93. a? i\ $g§§n 6 395. 1 t ■ (il) MIS' ESTi ■VI5 1 diO.:aS 4?5. S5 misfn Am isum _ -^v 111. 12 ;..... I ■. j ■; • 80 ‘*1 ¥ri. M •| i I o oe o o :i< > oe M o ^ sO < tn :;s o o ^ |-Il| O O O 4* Z lg| X aiSJj M X > S 5 u> V 2«§5 ®?°3 o9in o z O'« >r o in m o o a 4' 0 -I si M X N I- Si| 1 -* O O Ui inKl «i CO o M o S®5 M Ui KlK in in o in M w ££5 II? ‘^«J3a ^ > 0X0° §“-,25! 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X 4 u] X O < O -I 4x5044 N 4 K Z -i X °5l3»| 0 o UI Ui m Q W O 1 1 CM z si 4 X 0 < O -Iu (Si < M X *U t- 1 X Xr:2fc •r 25 oox M •• X O M O X S2S CX HI 2i» "’|5^2a r-6'^* - •> X X o iS o ^ si M X (Si »- 6 4 4 X ^ X X Kl 4 £ X-I S X 44?i --.i M 4 X X X O _ 4 X M O £ £ Kl ss M X Sx Igo |U mS M 4 4 a?3Sgis i *^4S* o o a So ^ 4 2 c 2 X o X 4 g M O X X 4 £ X 2 o o 4 X a X £ O 0 4X0 Q Z Ui 4 4 > Nflf ^ lAil|liX o »-llliX S »- T* 1 I* .^ C-c c J s 10.20 service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. MFO Recreation Areas. Private gun clubs, archery ranges, riding^'^ables, ski slides, provided the area is fenced and no part of the principal use is less than 100 feet from any lot line. ^tNvs.iorJ (^) Guest Houses, on an existing undivided lot for A separate dwelling constructed the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. 3 - ' I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. non-comm^ Cj >(k.} Animals. The keepiji^^eT domestic animals for . .. ..jLlarepurpose'T j nr1'H foe the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of one ^ acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. l7) Farms (Crop). Provided that the area is ten or more acres.Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 280 (4-1-84) K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto* subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. 1 L. Farms (Crop and Stock), or more acres. Provided that the area is ten M. Armais. The keeping of domestic animals for non- f com^jiefcial purposes including horses for the use of the - --ot??upants of the premises. A minimum of one acre in aggregate* exclusive of one acre for the principal building* must be available for each animal unit* except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes* the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying l^nds unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. and Is hex^y amended by adding the following: N. Stalsles and Barns - Private. The use of an accessory ^byi'-^^^ng for keeping animals for non-commercial purposes provided it is for the non-commercial use of the property owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further* no such structure shall be located less than 150 feet from the nearest adjacent ’-esidence and no closer than 75 feet from the nearest lot Ixne. O. Stables and Barns - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident:. Such must meet the requirements of Section 10.03* Subdivision 18. Further* no such structure shall be located less than 150 feet from the nearest lot line. P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M* N, and O of this subdivision and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. COUNCIL MEETIHl Zoning File #1509 May 2, 1990 Page 4 of 5 14 1990 Cl AODITIOHAI. COMMENTS AND PIANNIMG COMMISSION RBCO Additional Exhibits - iMm Exhibit I - Applicant's Liability Insurance Exhibit J - Oman memo confirming inspection of site The applicant resides in Chicago and was unable to attend the Planning Commission public hearing. A neighbor was present advising Planning Commission members of the unsitely condition of the property noting also that a well had been abandoned on the property. An inspection of the site confirmed that there was a potential of three abandoned wells, two inoperable cars, in addition to an old root cellar structure filled with junk and debris and the subject accessory structure appeared to be stored with vehicles and a motor home in the process of being constructed within. Since the Planning Commission meeting the applicant has visited with staff submitting a copy of current liability insurance on the property. The Planning Commission recommended approval of the variance application as presented subject to Council delaying formal approval and action until applicant had demonstrated good faith by cleaning up the property, by removing all trash and debris and removal of all violations, in addition to properly abandoning the wells on site. The Planning Commission also recommended that everything within the accessory structure be removed during the effective period of the variance, and upon satisfaction that the site had been thoroughly removed of all violations by the June 15th deadline, the Council could then act on the formal resolution that would allow the accessory structure to remain on the site until December 30, 1990. Options of Action Available to Council - A. Adopt the Planning Commission recommendation B. To allow the accessory structure to remain for one year from the date of the formal approval subject to all other conditions set forth by the Planning Commission. C. Denial finding no acceptable hardships - require clean up of site and removal of accessory structure by deadline of July 1, 1990 Zoning File #1509 May 2, 1990 Page 5 ’ Council Action To provide staff conceptual direction so that an appropriate resolution can be drafted for formal Council action* To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom: Jeanne A. Mabusth, Building & Zoning Administrator Date: April 11, 1990 Subject: #1509 Earl L. Freeman, 4:45 Watertown Road - Variances - Public Hearing Zoning District - RR-IA Required area * 5 acres Existing total area * 5.76 acres Original area prior to construction of McCulley Rd =» 7.91 acres Pertinent Ordinance - Section 10.03, Subdivision 9 (A) - No accessory structure can remain on a property that does not contain a principal residence. The previous residence was removed in October 1989 (control burn by Maple Plain Fire Department) as a result of the Hazardous Building Action by the City. The Hazardous Building Action included the former residence and other accessory structures in similar state of disrepair. The subject structure, approximately 2,400+ square feet in area, is in excellent condition. Applicant has been advised of the necessary variance to allow the structure to remain on the property without a principal residence. Section 10.03, ordinance. Subdivision 9 (C) - Accessory structure a) Allowed area - oversized accessory structure: Allowed 5-6 acres = 2,200 s.f. Existing =* 2,400+ s.f. b) Required setbacks: Front/rear required * 100' Existing » 200'+ Side required » 50' Existing * 100'+ Section 10.03, Subdivision 3 (C)(3)(C) i - Future subdivision that place oversized accessory structure on lot that does not contain principal residence may be allowed to remain for a finite period of time. Zoning File #1509 April 11, 1990 Page 2 of 3 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Property Owners List Plat Map 1-D2 Section Maps Oman's Letter 1/1/90 Building Permit #3093 for Accessory Structure C/27/75 Council Minutes 6/24/75 Survey Review of Application - As a result of the above referenced hazardous building action, the existing accessory structure is in violation of the Zoning Code and requires variance approval if it is allowed to remain. A permit was issued for the construction of the accessory structure in 1975 and is approximately 2,400+ square feet in area. In 1975, an accessory structure classified as a barn or stable could exceed 1,000 square feet. A permit was specifically issued for stable use. The Code in 1975 would have required a 150' setback from all property lines. Note the survey shows less than the 150' setback from the east and west side lot lines. On June 24, 1975 the City approved setback variances for the proposed barn structure. The applicant has advised because of his business committments out of state, that he will be unable to build his own residence on the property, but plans to offer the property for sale. It is hoped that the City will allow him to keep the accessory structure for the future owner of the site. The subject structure is not used as a barn, but serves as a storage building. Applicant should provide information as to the current use. Is it rented for storage use, or does owner use it for storage? The City should ask for confirmation during the interim period that there is appropriate insurance coverage on the subject structure. In recent years, it would appear that the structure has not been used as an accessory use for the renters of the residence on the property, but as accessory storage for the owner who lived off-site. If the applicant is granted variance approval, it will be necessary for the applicant to designate a local person or agent responsible for the maintenance and supervision of the structure. It should be no+ed the record that staff has never received complaints fi 3m adjacent neighbors regarding the use of this structure, nor ha staff ever observed any traffic on the site. Applicant sho .Id provide information as to what is stored within the building. Zoning File #1509 April 11, 1990 Page 3 of 3 Staff has received no conmients from the neighbors notified for this variance review. Options of Action - 1. 2. ■ Denial, refer to Section 10.08, Subdivision 3 (A) necessary findings for denial and recommend a date removal of the accessory structure. for for Approval. Planning Commission may consider some of the following findings; A) The existing residence was removed as a result of a hazardous building action creating a violation on the subject property. B) The subject structure is in good structural condition and satisfies the setback standards for an oversized accessory structure based on the recent code amendment. C) Applicant has made payment for all fees incurred during the hazardous building action and all real estate taxes, etc. are up to date. Approval is subject to the following condition; 1. Applicant shall provide proof of liability insurance and designate local agent responsible for structure as applicant lives out of state. 2. No housing of animals allowed during duration of variance. 3. Storage shall be limited to the following items; a. agricultural equipment b. seed, fertilizer, plant materials c. other items recommended by Planning Commission d. What would Planning Commission recommend against? or no storage use during effective period of variance. 4. Applicant should be placed on notice that it has been the policy to limit such variance applications to one year or less, depending on the use or type of structure under consideration. CITY OP ORONO - VARIANCE APPLICATIONInitial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address fZ TO u\f// __________ Property Identification Number (P.I.D.) ^/"//^^ . .~4 CITY OF DRQiO ■------------------------ c,®' ^ --------- RECEIPT-mSK YOUcm Attach legal description to application if not included on required survey. APPLICANT N2une £/)(2.L i. Phone (home) Phone (work) 3?2. 9 KdidTQSsz ^^. \AJ<isr 7?:p. City ; i^XC, Zip; 6 OWNER (if different than applicant) Name _ _ _ _ _ __ Phone (home) Phc.ie (work) Address:City:Zip V Date Property Acquired 79 (month/year) I (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _- Present Use of Property_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Jl__Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $_ Describe request in detail_ _ ___ _ _ _ _ _ _ _ _ ___ _ _ _ VARIANCES REQUIRED _ _ _Lot Area Setback Variances (^ Other '_ _ _ _ _ Lot Width Front _ _ Hardcover Side _ _ _ Rear) mumsHiPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning recmlatione: DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:________________________________—----------------------------------- UIRED SUBMITTALS I Completed Application Form ^ ^ j 2J 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). M Plat Map (obtained with property owners list). 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 (ll* 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:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ZT 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 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 ____________ Date Appllcint'must’hive 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. 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',v‘, •v-V.. f , y- • •• • '■ . ■ •• ■■ . • •■• ■ ■ ■ - - •••■• - >» 43 O B Z 3 Ot£ U B B •Ha 0) . . ; • •. . - »• * - . • .ff . . .1., , ^ tt ■ ■■ • ■' -: ••■ ■• • '-.v^» -• ♦ ; '-r '‘.r ■ .r^'. :• ••-•.v;v'-' a:; v<fe ' y A S' ■■■ r s >-•4 • .'i \\Z'.\ ' i o'. , *V if'^‘•'.5 -V; V M JV I CITY OF ORONO CITYof ORONO Post Office Box 66•Crystal Bay, Minnesota 55323• Municipal OfBcaa On the North Shore of Lake Minnetonka January 1, 1990 Earl L. Freeman P.O. Box 685 Lemont, IL 60439 Re: 4545 Watertown Road, Orono Dear Mr. Freeman, The City of Orono would like to thank you for your cooperation in the removal of hazardous buildings at the above referenced property. The finance department has tabulated the costs incurred by the City in the hazardous building action. This letter is to inform you that $757.41 is owed to the City of Orono. Please remit this amount before 2-8-90. If these funds are not received, the City will refer the matter to the City attorney for assessment against the property. The City is also concerned about the pole barn that is left on the property. The Orono Municipal Code prohibits accessory buildings without a principal structure. Please contact Jeanne Kabusth in the Zoning Department about this matter. If you have any questions or if you have a problem meeting the above deadline please feel free to contact me at my office. Sincerely Cp Lyle Oman, Senior Building Inspector LO/jb Mark E. Bernhardson, City Administrator Jeanne A. Mabusth, Zoning 6 Building Administrator BUILDING a ZONING - 473-7357 ASSESSING ADMINISTRATION & RNANCE - 473-7358 FAX-4734)510 PUBUC W ORKS - 473-7359 APPIKATION FOR BUIIOING PBUHIT AND ORTIFKATI OF OCCUPANa VHlAOi Of OtONO. MINNiSOTA OMICTlOt& VACCS NUMMtttO I TH«U 13 MJ8T 8€ f ILLCO IN KFOWt PtHMIT aaSLCO IPU.M or T«»l SITE AOOME 1 LEGAL OCSCm^TlON AEHWIT NO N" 3093 2. ^ATEh- ^n~ ns alat MUMUR 4 0«mCR PARCEL NUMBER I AffCNITSCI 7 lAMrooot ITol No I iTol No I • BLMLOCR INomol lAAiroool ITol No I 7 TYPE OP »«RK ckkUA^ •. B2S OP STRUCTURE IHoiBrtI l»4Rlt . I0fp»l, It COMPLETION OATS M TYPE OfCONETRUCTlON IT. PRONT YARD t. NO OP STORIES 12 PROPERTY OlMENSN>« II. PROPERTY AREA SO PT It REAR YARO 10. estimateocoet 0 O 0 13. NO OP PAMILItS IN AoplitoOUl It LOST AREA PER PAAULY to PT ______ It HOC YAROB dMAylLtJLiy Z' PERMIT PEE smte pec ^ TOTAL OOP eonmc o«trkt ACKNOWLEDGEMENT AND S1G^'ATURE: TSt uxStrtigntd hortby rtprtttntt i4X>n ill of tti« pontltitt of Itw, (or th« purpost of inducing th« VILLAGE OF ONONO to tako tha action hartin rtguttttd. that all ttatamanta hartin ara trua and that all Yoork harain mantionad yviII ba dona m accordanca with tha ordinar^a of tha VILLAGE OF ONONO. tha SUta of MinoatoU, and rulings of tha Building Dapartmant. tICNATUai P«E 20NE AGGREGATE PLOOR AREA PLOOR AREA RATO MATIRUU. PILI WITH OTMTHai^ARRaSr COI«TRUCTKM P00TMM_ CERTIPICATE OP OCCUPANCY ISUEO DATE APPROVIO r ' •1 i ^ ‘ r^ “i :• " ORONO COlWiyi4EETING HELD JUNE 24, 1975 Welsh moVed/ Paurus seconded, to refer the North Slror^Meurina building permit to the Planning^^mmission for study. Notion, Ayes (5) - Nays (0)• Paurus moved, Welsh seconded, to extend North Shore Drive marina license to July 8, 1975. Motion,Ayes (5) - Nays (0). Paurus moved, Welsh seconded, to extend North Star Marina license to July 8, 1975. Motion, Ayes (5) - Nays (0). Paurus moved, Welsh seconded, to extend Gayle's Marina license to July 8, 1975. Motion, Ayes (5) - Nays (0). Page 4 NORTH SHORE MARINA Building Permit MARINA LICENSE North Shore Drive MARINA LICENSE North Star Marina MARINA LICENSE Gayle's Marina Mr. Henry Muhich, Zoning and Building Administrator, STREET VACATION presented a status report regarding vacation of 505 Orchard Park Road street right-of-way for Robert Eckert, 505 Orchard Park Road. Welsh moved, Butler seconded, to approve a variance for a front and side yard setbacks for Richard Petrin, 1520 Long Lake Boulevard. Motion, Ayes (5) - Nays (0) . Welsh moved, Butler seconded, to approve a conditional use permit auid variance for Robert Compton, 4545 Watertown Road, for a stable and hobby farrn^ Motion, Ayes (5) - Nays (0). VARIANCE 1520 Long Lake Boulevard CONDITIONAL USE PERMIT & VARIANCE 4545 V7atertown Road •*; •y o Paurus moved, Butler seconded, to approve a varicince for lot area and width for Audrey Overby, 567 Park Lane, subject to: 1. Submitting a survey. 2. Removing existing structure. Motion, Ayes (5) - Nays (0). Butler moved, Welsh seconded, to approve a lot f'-' split of Lot 61 and combination of remaining i^^Lot 61 and Lot 62 as one parcel auid waiving ‘'Chapter 39 and 10% park dedication fees, subject C to: VARIANCE 567 Park Lane LOT SPLIT & COMBINATION 100 Orono Orchard Rd. & 95 Smith Ave. Survey being filed. m.'iAuto-Otvners PAGE 1 LOCATION 1 INSURANCE COMPANY LANSING, MI A8909 ROTHSCHILD, BELL & WALSETH, INC. r-669 P. 0. BOX 7128 ST. PAUL MN 55107 INSURED EARL L FREEMAN ADDRESS PO BOX 685 LEMONT IL 60‘i39 FIRE POLICY DECLARATIONS RENEWAL EFF 05-01-90 OIYOF ORQNO iBesa^ APR 2 5 1990 THIS POLICY IS HEREBY RENEWED IN CONSIDERATION OF THE PREM’UH SHOW BELOW. LOCATION OF INSURED PREMISES: A5A5 WATERTOWN ROAD MAPLE PLAIN MN 55359 INSURANCE IS PROVIDED WITH RESPECT TO THE FOLLOWING COVERAGES, SUBJECT TO ALL CONDITIONS OF THE POLICY. ITEM COVERAGES 1-1 OTHER STRUCTURE-OUTBUILDING NONOWNER-OCCUPIED 1-2 LIABILITY (MED PAY) LIMITS OF LIABILITY $12,000 $300,000/1000 FORMS & ENDORSEMENTS 15002 (06-81)1500'i (06-81)ANNUAL PREMIUM 150:^1 (05-88)15032 (08-86)1502A (01-88)BASIC $121.00 59153 (02-86) 1.EDB LIABILITY $A0.00 POLICY TOTAL PREMIUM $161.00 DEDUCTIBLE $100 FLAT - ALL PERILS MORTGAGEE(S) AND/OR INTERESTED PARTIES SEE SCHEDULE CONSTRUCTION FRAME YEAR OF CONSTRUCTION ^0 ISO FIRE DISTRICT 06 ZONE 33 PREMIUM GROUP 5 WITHIN 1000 FEET OF HYDRANT WITHIN 5 MILES OF FIRE STATION INSIDE CITY FIRE DEPT. ANSWERING SERVICE MAPLE PLAIN TERR. 027 00 NO WOOD HEATING AND NO FIREPLACE COMPANY ISSUED AGENT 200 ISSUED 03-27-90 15560C0A-81)MEMORANDUM 108 ISURffNCE -COWPATIY LANSING^ MI 48909 ROTHSCHILD, BELL & NALSETH, INC. 06>669 P. 0. BOX 7128 ST. PAUL MN 55107 INSURED EARL L FREEMAN ADDRESS PO BOX 685 LEMONT IL 60439 — r>».n».nni. urr- V3»-WX—TfO POLICY NUMBER 845106 08117040 POLICY TERM 12>01 A.M.12:01 A.M. 05-01-90 TO 05-01-91 THIS oOLIOf ..S HEREBY RENENED IN CONSIDERATION OF THE PREHIUH SHOW BELON. SCHEDULE OF MORTGAGEES AND/OR INTERESTED PARTIES LOAN! 07-22-46653 LOMAS MORTGAGE USA AND/OR ALL ASSIGNS P 0 BOX 660721 DALLAS TX 75266-0721 INTEREST! MORTGAGEE S.I.P. ID! TX000713 2 LOAN! 2511191 LOMAS 8 NETTLETON CO AND/OR ITS ASSIGNS P 0 BOX 660721 DALLAS TX 75266-0721 INTEREST! MORTGAGEE S.I.P. ID! TX000062 / fSSUED 03-27-90 15560(04-81)MEMORANDUM 10822 ■trTo: Jeanne A. Mabusth, Building & Zoning Administrator From: Lyle Oman, Senior Building Inspector Date: April 30, 1990 Subject: 4545 Watertown Road On April 27, 1990 an inspection was conducted at the above subject property. The following is a list of items staff feels must be resolved before Council considers action on the retention of the existing pole barn: 1. There are 2, possibly 3, wells on the property. Our records reflect only 1 that was drilled in 1963. I presume there is a hand dug well under the windmill and possibly a third well within the foundation nearby that has some water piping in it. All wells must be properly abandoned by a licensed water well contractor per State Law. 2. The foundation near the windmill must be cleaned out and investigated for the presence of a well, then removed from the property. 3. There is a root cellar that is built into a hill that has been filled with trash and debris. This root cellar must be emptied of trash and the structure completely removed from the ground and moved off the property and properly disposed of. 4. There are 2 unlicensed, inoperable vehicles behind the shed. These vehicles must be removed from the site. 5. There are various piles of junk, debris and brush around the property that must be removed from the site and properly disposed of. 6. Fish houses, trailers, farm machinery and car parts must be removed from the site. Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Date: Subject: Michael P. Gaffron, Asst Planning May 8, 1990 WAV 1 4 J993 #1514 Ronald E. Miller, 270 North Willov(JflW\flr-^Q|*^^ Variance - Resolution WUffO Zoning District - RR-IB, Single family rural residential, 2 acre Application - Request for height variance for accessory barn structure to be moved onto the site. List of Exhibits Exhibit A - Resolution Exhibit B - Planning Commission Action Notice 4/23/90 Exhibit C - Planning Commission Minutes 4/16/90 Exhibit D - Topographic Survey & Proposed Grades Exhibit E - Memo & Exhibits of 4/11/90 Discussion - , , .Applicant is requesting a 4’ height variance for a barn which is to be moved onto the property. By definition, the height of the house is measured from the main floor level grade at the front yard, measured to the average height of the highest gable. By definition, the height of the house is approximately 13’, with a peak height above front yard grade of approximately 15.5'. The barn proposed to be moved onto the property has a gambrel roof and by definition the height of such a structure is measured from the peak. peak height of that barn is 19.5'. The barn as proposed w-.ll be located 76' from the so’--.herly right-of-way line, and approximately 100' from the noith lot line. The barn will be approximately in the center of applicant's 3.1 acre property, and is located such that structure could conceivably be used to house a horse in the future, although that is not applicant's current intent. Pl2uming CoBnlssion Recommendation - Please review the memo and exhibits of April 11th. At their April 16th meeting. Planning Commission considered the few comments from neighboring property owners, and considered the impact that this barn would have in the neighborhood. Due to the large lot size, coupled with the relatively low grades at the site, the Planning Commission felt the proposed barn would not be detrimental to the character of the neighborhood, and voted 6-0 to recommend approval for the 4- height variance. Planning Commission also noted that the recommendation is only for the barn coming from the Panuska property, and any other proposed structure needing a height variance would have to be further reviewed by Planning Commission. Zoning File #1514 May 8, 1990 Page 2 of 2 Planning Commission also required submittal of a topographic grading plan indicating relative existing and proposed building elevations as well as information regarding amounts of fill or grading necessaty to accommodate the barn. That plan has been submitted and is attached as Exhibit D. Based on that plan and applicant's attached note, the basement will be omitted from the barn and the main floor level of the barn will be approximately 2' higher than the basement floor elevation of the house. Although the defined height of the barn still requires a variance, the barn will be situated at a lower elevation than previously anticipated, and in fact will have a peak elevation relatively 1' lower than the peak of the house as viewed from the road. Staff Recomaiendation - Based on the Planning Commission recommendation and the topographic survey/site plan submitted, slaff would recommend approval of the requested height variance per the attached resolution. Staff would note that the fill proposed around the barn to maintain appropriate drainage is not excessive and does not require a separate permit. Also note that the applicant will be required to execute the standard Oversize Accessory Structure Covenant for this 1,188 square foot barn. A RESOLUTIOM GRAHTIN6 A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B) PILE #1514 WHEREAS, Ronald E. Miller (hereinafter "the applicant") is the owner of the property located at 270 North Willow Drive within the City of Orono (hereinafter "City") and legally described as follows : Exhib * attached (hereinafter "the property"); and WaEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to allow a pre-constructed barn to be moved onto the property, the defined height of such barn exceeding the defined height of the existing residence on the property by 4', where accessory structures are not normally allowed to exceed the height of the principal structure on the property. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This applicatijn was reviewed as Zoning File #1514. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3. The lot area is approximately 3.1 acres, exclusive of road right-of-ways for Willow Drive and the extension of Glendale Drive. 4. The Orono Planning Commission reviewed this application on April 16, 1990, and recommended approval of the proposed height variance based upon the following findings; A) Applicant’s existing residence is a 1 story walk­ out. If applicant had opted to construct a second story on his existing house, the variance would not be necessary. The barn will be located approximately 130' from the house, which decreases the impact of the relative heights of the barn and existing hot»«. Page 1 of 4 B) The applicant intends to place the main floor level of the barn at approximately the same elevation as the main floor of the house, hence as viewed from a distance, the barn will in fact appear no more than approximately 4' higher than the house. C) The proposed barn is more than 75' from all lot lines, and more than 300' from any neighboring residence structure, hence the barn will not overshadow any neighboring residences, nor will affect light, air or open space in the neighborhood. 5. Since the Planning Commission meeting, the applicant has revised his proposal to eliminate the basement below the barn, and has lowered the proposed floor elevation of the barn, such that the elevation of the peak of the barn will not exceed the elevation of the peak of the existing residence. 6. 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. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 10.03, Subdivision 9 (B) to ® ore-constructed barn on the property with a defined height 4 higher than the defined height of the principal residence where such accessory structures normally would not be allowed to exceed the height of the principal residence structure, subject to the following conditions; iage 2 of 4 1. This variance approval applies only to the proposed 27'x44' barn to be removed from the former Panuska property and brought to the applicant's property. Any other proposed barn structure requiring a height variance will require further review by the City Council. 2. Applicant shall adhere to the site plan and grading plan as indicated on the survey by All Metro Land Surveyors dated May 4, 1990. 3. Applicant shall execute the appropriate Oversized Accessory Structure Covenant as required by Municipal Zoning Code Section 10.03, Subdivision 9 (C), prior to issuance of a building permit. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application f^r a building permit within one year of the date of Council approval, or this variance will expire on that date (May 14, 1991). 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 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 14th day of May, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 EXHIBIT A RESOLUTION NO. { LEGAL DESCRIPTION: That part of the Southwest Quarter of Section 34, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the West line of said Southwest Quarter at a point 1876.00 feet north of the Southwest corner of said Southwest Qaurter; thence south along said west line to a point 1018.875 feet (61-3/4 rods) south of the northwest corner of said Southwest Quarter; thence east parallel with the south line of said Southwest Quarter a distance of 693.00 feet (42 rods); thence north parallel with said west line to the point of intersection with a line extended easterly from the point of beginning parallel with said south line; thence west along said ex­ tended line to the point of beginning. ZONING FILE NO. 1514 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION Crystal^Bay, MN 55323 473-7357 Date of Notice: 4/23/90 TO; Ron Miller COPIES TO: 270 Willow Drive North Long Lake, MN 55356 type OF APPLICATION: Variance DATE OF MEETING: 4/16/90 VOTE: 6 For 0 Against Planning Comnission reconmends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Approval recommendation is only for the 4* height variance for the barn coming from the Panuska property. Any other new or used barn not meeting code requirements would have to be brought back for further review. 2. At least one week prior to Council review, applicant to provide for staff review a topographic grading plan, showing relative elevations of existing house floor levels (basement and main) and existing grade and proposed floor levels at the barn site, and showing existing and proposed contours for grade changes, the above to be done by a registered land surveyor. 3. Planning Commission recommended approval of any excess fill needed to be brought in to maintain the proposed grades around the barn. Applicant's next scheduled meeting is confirmed as: City Council Monday, May 14, 1990; meeting starts at 7:00 p.m. If you have trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, the/are available from the City Recorder after review and approval by the Planning Commission. r9 MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1513-KRAHL CONTINUE .Bellows concurred with Kelley in that the addition is ambitious for the size of the lot. Johnson asked how many square feet the addition will add to the house. Gaffron calculated that the addition will add approximately 900 s.f. to the size of the house. Kelley said that the footprint of the house would increase fifty percent. Hanson stated that this is one of those sites that probably should not be improved. The lot is developed to its capacity. Cohen stated that he would have difficulty approving this because it is trading non-structural hardcover that could be removed for permanent hardcover. Johnson agreed that the addition is ambitious. It was moved by Bellows to recommend denial of the hardcover and street setback variances for Walter Krahl to construct an addition. Gaffron suggested asking the applicant if he would prefer to table this and bring back a less ambitious plan. Mr. Krahl requested tabling and Bellows withdrew her motion. It was moved by Hanson, seconded by Cohen, to table this application. Motion, Ayes-6, Nays-0, Motion passed. |i ^1514 RONALD MILLER 270 WILLOW DRIVE NORTH VARIANCE PUBLIC HEARING 9:35 P.M. TO 9:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Miller was present for this public hearing. Gaffron reviewed the facts and issues involved with this application for a height variance for an accessorv barn. Gaffron noted that it is the applicant’s intention to move a barn onto his property from the Panuska property. Kelley asked Gaffron if he had heard anything further from the property owners on Harrinaton Circle. Gaffron stated that he had received several acknowledgment forms from residents on Harrington Circle. The owners of 253 Harrington Circle indicated that they object to a barn in a residential neighborhood because it will be higher than the - 14 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1514-MILLER CONTINUED houses. Gaffron said that their concern should be weighed with other facts such as the size of the barn in comparison to the houses and other structures in the area. He noted that the house at 253 Harrington Circle is higher than the barn will be. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked how much fill Mr. Miller intends to bring onto the property. Mr. Miller did not know. Kelley stated that if this application is approved Mr. Miller should have these specifications prior to Council review. Kelley said that he would like Mr. Miller to submit site elevations depicting the floor level of the barn. Kelley asked whether the floor level is going to be above or below street level. Mr. Miller replied, "It is going to be 18" above the level of the road." Bellows agreed with Kelley. She said that a height variance cannot be determined without topographical information specifically showing the elevation of the barn floor compared to the house. Johnson suggested that the Planning Commission require that the floor level of the barn be the same as the house. Bellows suggested tabling this. It was moved Hanson, seconded by Bellows, to table this application. Mr. Miller indicated that the barn may not be available to him if this is tabled. Hanson withdrew his motion. It was moved by Johnson, seconded by Hanson, to recommend approval of the height variance for an accessory barn provided that the applicant submit a topographic survey placing the barn on the lot one week prior to Council review. The height of the barn shall be no more than 4' above the height of the house. Councilmember Callahan stated that it may be appropriate to grant a height variance for an existing barn being moved onto the site. He questioned, however, whether it was the intention of the Planning Commission to allow the height variance should Mr. Miller construct a barn structure. Kelley stated that the height variance will only apply to the existing structure being moved from the Panuska property. Any other structure that Mr. Miller may construct, must conform to the height requirements. Kelley asked if the Planning Commission would give Mr. Miller a variance - 15 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1514“'RONALD MILLER CONTINUED • • . . if more than 100 cubic yards of fill is needed to maintain the heiqht. It was the consensus of the Planning Commission that such a variance would be granted. Johnson amended his motion to include those provisions, Hanson *yes-6, Nays-0, Motion passed. (Bellows departed at this point) Gaffron noted that the applicant had submitted a letter which made reference to the potential need to construct a barn structure should the Panuska barn be unavailable, that he had not addressed that issue with the applicant. He asked that Mr. Miller be given the right to come back to the Planning Commission with the same application if the Panuska barn is not available. Kelley stated that he would not object if the City Administrator agrees. Kelley noted however, that he will not recommend approval for a variance for a new structure. #1515 JEFFREY JOHNSON 3825 CHERRY AVENUE CONDITIONAL USE PERMIT/VARIANCE "“"“5he^f?Lviro^PubUc!tiL'’;na Certificate of Mailing were duly noted. Johnson removed himself from any discussion or voting of this matter in the capacity of a Planning Commissioner. Mabusth reviewed the information contained in her memo dated 4/12/90. She noted that the Hennepin County Property Description office has confirmed that they will approve the legal combination of these parcels. Mabusth stated that the property is divided by an unimproved plat.ed right-of-way. She said that vacating the right-of-way would not be beneficial to the applicant. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the variances requested to and a dock for 3825 Cherry Avenue based on ISrth by the applicant and Subject to conditions 1 Raff's ^memo dated 4/14/90. Motion, Ayes-4, Nays-0, Johnson abstained. Motion passed. #1518 BIG ISIJVND VETERAN'S CAMP CONDITIONAL USE PERMIT PUBLIC HEARING 10:00 P.M. TO 10:02 P.M. Matii-a wereThe Affidavit of Publication and Certificate of Maili.*g duly noted. - 16 - Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 9. From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 11, 1990 Subject: #1514 Ronald E. Miller, 270 North Willow Drive - Variance - Public Hearing Zoning District - RR-IB, Single family rural residential, 2 acre Application - Request for height variance for accessory barn structure to be moved onto the site. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Application Letter of Request Plat Map Property Owners List Survey/Site Plan with Proposed Barn Building Building Plan View and Cross Section Air Photo Staff Letter to Applicant dated 3/12/90 Applicant’s Letter to Adjacent Property Owners & Acknowledgement Forms Photos of Barn In Situ at Panuska Property, Showing Relation of Heights with Family Members Pertinent Facts - 1. The applicant owns a 3.06 acre parcel (exclusive of the 50* roadway easement) with his existing residence. He is proposing to move a barn onto his property from the Indian Creek plat Watertown Road. 2. This barn will end up being approximately 4' higher in peak height than the existing residence, both structures being walkouts with the height being measured from the upper grade . 3. The barn is proposed to be located approximately 130' east of the proposed house, and 75' back from the right-of-way line, also being approximately 95' from the north lot line. The setbacks would allow the structure to be used to house one horse and the extensive list of equipment per applicant's letter of request. 4. Note that the barn structure is considered as an allowed oversized accessory structure per the recently adopted ordinance, being less than the 1,400 square foot oversized building allowed on a 3.01-3.50 acre lot. Of course, the required accessory structure covenant would have to be executed by the applicant. jZ-r- tr Zoning File #1514 April 11, 1990 Page 2 of 3 5. Applicant solicited and obtained property owner acknowledgement forms from all the neighboring property owners who were legally notified. The only comment received from any of them was from Mrs. Smith on Harrington Circle in Long Lake who objected to the height of the barn being higher than the houses in the neighborhood. Mr. Miller notes that in fact the barn will be no higher, and in some cases lower, than the peak heights of the houses on Harrington Circle, while being approximately 400' from those houses. Also, the proposed barn will be much lower than the peak of the A-frame church across the street. Discussion - Please review staff's letter to the applicant dated March 12, 1990 which encapsulizes the code requirements for the proposed barn construction and its use. The applicant's house is a 1-story rambler, and if he originally opted to build a 2-story residence, which he certainly would have been allowed to do, he would not be in need of the current variance. Planning Commission may wish to view the barn as it currently exists to the northwest of the old Panuska house (now vacant) at 3140 Watertown Road. Per applicant's original letter to staff of March 9, 1990, he notes that he had originally intended to build a metal pole barn but felt that the classic barn with gambrel roof would be much more attractive. Staff would note that the property abuts the Long Lake city boundary, and that the 6 residential lots in that City which received legal notification have an average lot size of approximately .40 acre. Obviously, these are two neighborhoods of a distinctly different character. On the Orono side, the applicant under the 2 acre zoning standards could not subdivide his property further. Staff Recommendation - The applicant's hardship certainly relates to the height of the existing house in relationship to the proposed barn. If Planning Commission feels that the character of the barn in addition to the separation between the structures and the proposed setbacks from the property lines result in a structure that will not be obtrusive in the neighborhood, a recommendation for a variance approval could be reasonably justified. A few other issues that Planning Commission may wish to address could include: Zoning File #1514 April 11, 1990 Page 3 of 3 1. Will any fill have to be brought onto the property in order to create the walkout barn, or will the basement excavation yield adequate amounts of fill? 2. Will the barn result in a need for an additional curb cut onto the existing road? a CITY OP ORONO - VARIANCE APPLICATIONInitial Application Fee $175.00 (150.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) '#1514 1 13502 CITY cF om E OFFICE PROPERTY LOCATIOH Site Address 7.7DKlo,f? loC*. Property Identification Number (P T.D.) 3S iim?d ‘cobT^'f;i^. 3V-;/«-7332 OoO>i Attach legal description to application if not included on required survey. APPLICANT Name Phone (home) ^73"/2.6^ Phone (work) Address: 7,7Q NnAO.lloio DQi4t City: L>a;o Lc^I(^Zio:'f5^^5" fp nwNin? Mf different than aoDlicant) Phone (home) Name Phone (work) Address:City:Zip: Date Property Acquired (month/year) I (do) (^o not^also own the adjacent parcels of land,» PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: Dca aLHadK-<3( Pc-himatPd Construction Cost 5 flcicKl Vaf?tq«vj^e (oR. occc-iio/^M _ _ _ _ L/Ttert VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Front _ _ Hardcover Side ‘ • Rear) Other <xccgs^6gvj Vju.AA.t»v<^% .--.-v « ; HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Leltfi? DESCRIPTION OP UNUSUAL 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 wi property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include j3?.rdcove.r calculations as required. 5. * Topographic survey (existing and proposed elevations) if any changes "in existing grade are proposed. V*A\ 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. 0V»^ I •sA’O8. Additional items as may Iqe requested by City staff. V)\ \>Av^WA\iv)rx ‘To 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 variemce 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_ _ _ _ _ _ _ _ _ _ _ UM APPLICANT'S SIGNATURE The applicant hereby agrees tc »/r'^vide all information required or requested by the Zoning Administrator, agrees 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 co^rr^ct to the best of his/her knowledge. Applicant's Signature ) _ _ _ _ Date 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 verificat: Owner's Signature l^<5ir>pf this request. Date 7jO Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Coimaission 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. II March 21, 1990 City of Orono 1335 South Brown Road P.O. Box 66 Crystal Bay, MN 55323 Regarding Variance 270 N. Willow Drive #1514 1 i In planning for a barn, we were limited to 1400 sq. ft,, to try and store equipment large and small and have a spot for possible future animals. We came across a barn that fit the bill. It is a 27*X44* - 10ft side walled with an 8*2" high gambrel roof, which could be used as a loft area. The barn measures 19*6" from grade to the peak of the roof. According to the ordance we can't build an accessory building over the height of the principal dwelling, which is 15*6" above grade. (We have a walk out rambler which gives you the least amount of grade to peak height.) We would like a variance to end up with a 19*6" grade to peak, to take care of our storage needs. Height and storage area breakdown: Below grade- 7* Above grade- 1 * 10* 1. 5* 5* 6* 7* f 'i'*" 4, ■ * :T: < V. Mi.-a. • ' ' ' a 8 10. basement animal area floor joists sidewalls to machine area ( to accomodate height of equipment) Ford 3000 tractor 5* rototiller rotary mower gil pulverizer back blade sickl* mower hydroli loader Case tractor 8* disk plow hay rake log splitter 2 utility trailers 1926 Chev. roadster 2 walk behind rototillers ^' winter storage for boat ^ j summer storage for 3 snowmobiles^^'; riding lawn mower wheelbarrows.and garden carts . 4'.- i* - ■'b Vf-'.-.; ■ X '-.'-’y. \ -, • : v : ■ Si :£ \ • iff ■ ' ;; r ~v-s^ V? .vr w. ..ic^t i ' ’' V'" -2- March 21, 1990 #1 1'4^_>v•; u 8'6" Gambrel - loft area feel and small equipment storage !• eekeeping equipment for 10 colonies 2. evaporator and other misc. maple syrup equipment 3. Strawberry and raspberry crates 4. misc. antiques for future restoration. In talking with the neighbors about the variance, the one that expressed an opinion, felt as we do, that the wood structure was far more desirable than the option, a metal pole barn. We think we've found a barn style and height that would fit our needs and look very nice. We feel that if this particular barn does not work out, we would still have had to apply for a varience as we would want to put up a pole building with 10* sidewalls to accomodate our equipment. Thank you. ^^ncerely, ^ Ronald E. Miller 270 N. Willow Drive We are asking for a height variance for this building or a building that would meet the building codes and the 1400 sq. ft. requirement. M*r*Tt v^v V, ■ - TT ' ’»'-V « ^ ...f-rr.", • I..-,: V ■ ’ f* V •* • ^ * fi\’*»»1 ■ ■ ■ ■ i ‘• ::••••> JH .»rJ f, . V . W'. » .',V,^V'. 7T JL ^ e Plat of Suz^ra-’r fcr Hcnald Z. yiil^r in the So ’:thvest l/l of Sacticn Pl-llS-23 W m HIS B££H MSSSfttl / 34-U8-13 I t; 1 ?s i!. \ i ■' JJO -5flf ... =1 'i^^ r- ! J ' > 1514 1 ^ Li#u. paoalki W.tn S.w+'W l«*»4. y* •»■ S*c. S4-Ilf'Z'S fc M-;: prapm%aJ S«««C H*<rV . ?. '*>• T @4 p‘. i s C4 c? \ g Un* 25 ’ ^ A* B/aek/afinet/ road L'lUfc pArolltl wIVh 5»mH% lirtc • or SW/* of C»4C.V«-H«-23 5^^ ^ Q fc9S0' (42r.Wa; 5Wcorn«r«f SWXl. r wl.U^c.fcwi'4I r~ «< Certificate of Surve7: I hereb:^ certify, that this is a true and correct reoresentation o*’ a siirvey of the bor.ndaries of tha' oart of the Southwest quarter of Section 3A, To ’-^ship IIS North, Hanpo 23 West of the 5th Princioal Meridian, described as follows; Sej^inr.ing at a coint on the west line of said Southwest quarter at a point 1876 feet North of the Southwest comer of said Southwest quarter; thence South along said West line to a point 1018.375 feet (61-3A rods) South of the Northwest corner of said Southwest cuarter; thence East parallel with the South line of said Southwest quarter a distance of 693 feet (12 rods); thence r.'rth parallel with said West line to the point of Intersection with a line extended Easterly from ooint of beginning oarallel with said South line; thence West along said extended line to the rxjint of beginning, the location of all existing buildings, if any, thereon, and the prooosed location of a prooosed building. It does not ourport to show other improvements or encroachoents . Seals Dbte o 1” = 100' 6-2-76 Iron marker Gordon R. Coffin ^ L?»nd Surveyor and Planner Long Lake, Minnesota Me. 6C64 #1514 i L\_/. 1/- .... _ ■ 1 ^ ' \ L.'it ♦ _ L. '-tm %€i^^ ------- -----------4 •©’ll iWa -t -- —j.---------- li fiCjnf} pjaNt ^ "1 |*)4'L» >/ ^ T fr.jy:•r ^'34- r ^ ew / / /JM ' fc T Lii*L^' ■/ Hf '■■. r ••—r^- '- Jt- L V 5* '.. • > t«*.; ' • i#»- ■ ••■ ^ ■. *.•■ • * f ■ .;• ■ ■ :• . * ’:<• w- • ' n: . . n ’ ■ai^-.j '.r^ / / '/ • X ^ - V ✓ / : ' m.'- ■ .i r ^ r* ... ' - ,-j 4 t t.:,. ' V-1' -X :: i...:.-._.,^i5 .“ ' .vi: '0-; ■ ■ ;: ,;»v j%»;^r->;-, >_^ ’ r. "vv Pi.;r ^ -I sj 1 C ■3= /■ }/A /t / oiTj:ori i i / i fi}i «r i : o !J © P‘ H +- ' t'v>u i/- £ r4 OO ------ i -4jl J Ki. y' 0 Mr 4=f- .4. .. - -.4r : . •‘-■■ffv. ’ ■ .. ,V:1;*. ■ •• ■- I < ' •.- % a; *, ^..r ..J. nn . i 1 • -• > '* -V «,'f'‘ ■;'■ ■ ‘ •ii,i :..--'-|^. ‘i. *’ w:- « ••» r*«‘ .^- ■•' ‘ ^ v^l. v =. . - .-^ ii.; : i—i. k--4#- fiiasasa ■?. i y <9i,. s .=.■•■-TT r;..- s ,. i . - ;v . . . • - . *, - • 1 • - .. .. _______I br “ crrr' 7 r OF toBonari CITYof ORONO Post Office Box 66•Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka March 12, 1990 Q 27i nald E. Miller*-f;—^ 270 North Willow Driv^ .nnq . MN-5^-35^ fiU^ RE: Proposed Barn Dear Mr. Miller: Thank you for your March 9 letter to Jeanne Mabusth regarding your barn proposal. Jeanne asked me to respond to your request regarding zoning concerns. A number of factors come into play for this type of structure. I would note the following: 1. , From a zoning standpoint, your lot is exclusive of a 50* right-of-way for the road south of the house, and a 33* right-of-way for Willow Drive. Therefore, your lot dimensions are (3.06 acres). 202.09* X 660 or 133,379.4 square feet 2. Setbacks for the barn will be measured from the edge of the 50* right-of-way rather than you., south lot line. 3. At 27* X 44*, or 1188 square feet, this barn would be considered an "oversized accessory building", but would be allowed subject to an Oversized Accessory Structure Covenant, since it is less than the 1400 square foot oversized building allowed on a three to four acre lot (see attached accessory structure ordinance)- 4. As an accessory structure, the barn may not be located any closer to the south lot line than the existing house setback. 5. Also, any barn for the housing of animals must be at least 75* from all property lines; again, we would measure this setback from the road right-of-way line rather than your south property boundary, hence the barn would have to be moved back about 20* to meet this criteria. BUILDING a ZONING - 473-7357 ASSESSING administration 8l n.NANCE - 473-7351 FAX-473-0510 PUBUC WORKS - 473-7359 Ronald E. Miller, 270 North Willow Drive Page Two of Three March 12, 1990 6. With a lot area (excluding roadways) of 3.06 acres, a maximum of one horse would be allowed to ©n the property. 7. The barn as pictured would appear to be ap^r^Aimately 2 stories in height, and likely will exceed the height of your residence. Zoning Code Section 10.03 Subdivision 9(B) states that no accessory building in the "R" district shall exceed the height of the principal building, nor shall an accessory building exceed 30* in height. It is my estimation based on your photo that the barn probably will exceed the height of your residence, and therefore, would need a variance. In order to verify chis, I would need actual dimensions of the proposed barn. 8. The proposed barn location appears to be more than 150* from any existing off-site residence structure, and therefore meets that criteria for animal housing structures. 9. The proposed barn location appears to avoid encroachment into the alternate drainfield site that was tested prior to construction of your residence. Although soil testing criteria has changed since your house was constructed, the lot is large enough that it is unlikely that future drainfield sites will be limited by construction of the barn. Based on the above comments, the following requirements would have to be met before the proposed barn would be allowed: from1. Move the barn northward to meet the 75* setback the right-of-way line. 2. Execute an "Oversize Accessory Structure Covenant" (copy attached for your review). 3. Obtain a variance for excessive accessory structure height, or show that the barn will not exceed the height of the principal residence. Ronald E. Miller, 270 North Willow Drive Page Three of Three March 12, 1990 The variance procedure is outlined in the attached variance application form. Given the limited history of accessory struc *e height variance requests, it is impossible for me to estiiuawwj whether such a height variance would be approved, especially in a light of the recent code amendments regarding accessory structures (copy attached, pertinent Sections highlighted). A variance application would have to be submitted by noon on March 23 in order to be scheduled for a public hearing before the Planning Commission on April 16, with the earliest possible final City Council action on May 14. Please contact me or Jeanne Mabusth if you have questions regarding this project. additional Sincerely, Michael P. Gaf< Assistant Planning and Zoning Administrator MPG:tjs Enclosures 1. 2. 3. 4. Variance Application Accessory Structure Ordinance Amendment Miscellaneous Pertinent Code Sections Oversize Accessory Structure Covenant 1 / eLIms-, March 19, 1990 To: Adjacent Property Owners RE: Land Use for Variance Application Dear Neighbor: We had proposed to build an auxiliary storage building, pole barn, approximately in the middle of our property. Several weeks ago a wooden barn with gambrel roof and hand split shakes became available. The building seems to meet the zoning requirements, with the exception the height. The Orono zoning code states that no accessory building can exceed the height of the principal building. The barn does exceed the height of our house by about 4 feet. We wish to apply for a variance and are required to make you aware of the application. The Planning Commission meets and will decide on April 16 with the Council meeting in May. Thank ycju, Ron Miller 270 N. 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V.' •’ Vrf*.-,. V>*,v •__l ^-t Kl -;» ••.V !' H Prc»: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson f^OUNCIL MEETIIIP Jeanne A. Mabusth, Building & Zoning Adm|^p|^J^j^or April 12, 1990 #1515 Jeffrey Johnson, 3825 Cherry Avenue - WUlfO Variances - Public Hearing /3 Pertinent Ordinances - Section 10.03, Subdivision 6 (3)(B) - Although the County has confirmed that the three parcels that make up the homestead property can be legally combined. Technically a variance must be granted to this section of the code because the lakeshore lot is divided from the homestead portion of the property by an unimproved platted right-of-way. Hence the dock classified as an accessory structure cannot receive credit of principal residence. Section 10.03, Subdivision 9 (A) - The code requires a principal residence on the lot prior to construction of an accessory structure. Once again, the County confirms the ability to legally combine the three parcels. Section 10.22, Subdivisions 1 and 2 - Lakeshore setback/hardcover . A) The 200' length dock will encroach the wetlands area located above the 929.4' elevation and is located within 75* of the defined lakeshore at the 929.4' elevation. The DNR is reviewing the portions of the application that involve structure at or below the 929.4' elevation. The DNR also advises that the Corp of Engineers will be reviewing placement of the dock in relation to nagivational issues in the immediate area. The total dock consists of 600 square feet of hardcover structure, the majority of which is located below or at the 929.4' elevation. B) Hardcover within the 250-500' setback area: Area = 23,183 s.f. Allowed Hardcover » 6,954.9 s.f» or 30% Existing Hardcover =* 2,790 s.f. or 12.1% (refer to Exhibit E) Zoning File #1515 April 12, 1990 Page 2 of 5 List of Exhibits Exhibit A - Application Exhibit B - Applicant's Addendum Exhibit C - Property Owners List Exhibit D - Plat Map Exhibit E - Hardcover Facts Exhibit F - Enlarged Plat Map Exhibit G - Survey Exhibit H - Construction Plans for Dock Exhibit I - Site Plan Exhibit J - Section 6.05, Subdivisions 1, 2 and 3 Exhibit K - Aerial View, 1970, of Existing Dock on Adjacent Property Review of Application - The applicant has recently acquired Lot 2, Block 3, Crystal Bay View, a substandard ’ot consisting of predominantly low lying wetlands and portions of Lake Minnetonka. Obviously the lot is unsuitable for residential development. The purpose of the acquisition was to provide riparian access to the homestead portion of the property on the south side of Cherry Avenue (please refer to Exhibits C, D and I). The majority of the dock will be constructed within Lot 2 and unimproved portions of Cherry Avenue connecting to applicant's homestead lot at the northeast corner. The dock will be 3' wide and 200' in length. Although the applicant has referred to the dock as a permanent dock, it will not be constructed with pilings. The plans reveal the posts placed every 8', as there is no scale provided with the drawing, it is difficult to determine the clearance from the 929.4' waterline. This issue will be addressed by the DNR Fisheries and Wildlife Division. It is recommended that the posts installed within the lakebed be cedar posts rather than treated lumber. The dock/catwalk is shown 5' from the west lot line. Planning Commission should make a recommendation concerning the required side setback. Is 10' necessary? The dock placed on the lakeward side of the property would 1.9 vubject to all pertinent LMCD ordinances for dock placeiT'-int. Note as the cat walk moves northward towards the main lake, the upland or dry land area becomes apparent. The present application is being reviewed by the Corp of Engineers and the Department of Natural Resources. In discussions with Joe Richter of the DNR, he advised that the Corp of Engineers' review would be based on the navigational issues. The DNR review will address the following concerns; Zoning File #1515 April 12, 1990 Page 3 of 5 1. 2. fill; impact on wildlife and fisheries; 3. adequate room for waterflow under portions of cat walk structure. Staff has enclosed Section 6.05, Subdivisions 1, 2 and 3 of the Municipal Code. The Public Works Director is in the process of reviewing the request as approximately 65' of the structure is located within unimproved portion of Cherry Avenue. Gerhardson has asked that the Planning Commission and Council complete their review prior to his acting on the applicant's permit. The standard that the Director will use will be if the proposed structure presents an "unreasonable hazard to the public". Gerhardson advises that if the structure is approved by the other reviewing agencies, the applicant will be required to file a Hold Harmless Agreement with ^he City holding the City not liable for any accidents that occur from the use or placement of the structure within the right-of-way. One of conditions of the Hold Harmless Agreement would be that the owner of the property provide updated liability insurance. Please review Exhibits F and K, the neighbor to the immediate east owns properties in similar configurations, divided by unimproved public alley and public roadway. A similar catwalk structure hag existed serving this property since 1970. The date of the structure is confirmed as of the date jf the 1970 aerials used by the City. There is nothin in the public record that reveals any special approvals of this specific dock structure. When applicant first discussed the proposed application with staff, staff strongly recommended that applicant seek joint use of the existing dock, but the property owner refused. Upon inspection of the lakeshore portion of this property, it appears that the owners to the east and west have encroached the 50' lakeyard. If applicant is granted approval, prior to staff issuing a building permit for the new dock and catwalk on the land base, a survey of Lot 2, Block 3 must be submitted as part of the building permit application process for proposed construction. The City has asked the DNR to delay formal action on their permitting process until the City has acted on this current land use application. Review Exhibit z, the api following hardships and findings; ant's addendum notes the J 1 Zoning File #1515 April 12, 1990 Page 4 of 5 1. The portion of Cherry Avenue that the proposed catwalk structure would cross is totally within the wetlands/lakeshore and is not used for roadway purposes and is currently unimproved. 2. The legal combinatior of the substandard lot wil t .ow be tied to an adjacent homeotead parcel and will nev--^ co the subject of a land use independant of any homesteai. 3. The proposed dock structure meets the LMCD criteria for an authorized dock use area for a dock with one slip (1 slip per 50 lineal feet of shoreline). 4. The property consists of predominantly wetlands and lakeshore. 5. There is no adverse impact on adjoining property owners or the public generally as a similar dock and catwalk structure has existed on the property to the immediate east without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. Options of Action - Denial. If denied, please refer to the necessary findings within the variance sections of the Zoning Code. Approval. If approved. Planning Commission members may consider using some of the appropriate findings and hardships noted above by applicant. Approval would be subject to the following conditions: 1. Prior to filing the variance resolution by the City, applicant must apply for the legal combination of the ♦•hree parcels. 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay v^iew an unimproved Cherry Avenue, applicant must submit the following: A) Survey showing any encroachments of property and location of proposed structure y.rhin Lot. Planning Commission to advise if 10' sifv setback is necessary along land portion of property. B) Approval permits from Corp of Engineers, DNR and Orono Public Wv/ks Department. Please note all fuHY executed agreements/liability insurance to be submitted with the building permit application. Zoning File #1515 April 12, 19S0 Page 5 of 5 3. Posting of catwalk/dock structure Trespassing/Private Property" signage. with 4. Based on standards of LMCD - the dock shall be limited to one slip. Additional Coments and Planning Commission Recommendation - May 1, 1990 The Planning Commission voted unanimous approval ot the variance application of Jeffrey Johnson subject to the four conditions set forth by staff in the memo of April 12th. The enclosed resolution has been drafted for Council's review and formal action. JAM/tln A RBSOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (3)(B), SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.22, SUBDIVISION 1 FILE #1515 WHEREAS, Jeffrey Johnson (hereinafter "the applicant") is the owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows; The West half of Lot 2, all of Lot 3, and the North 45’ of Lots 28 and 29, BlocJc 7, Crystal Bay View, Lot 2, Block 3, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 6 (3) (B) and Section 10.03, Subdivision 9 (A) to permit the construction of a 200’ long cat walk, an accessory structure, on a property consisting of multiple lots divided by an unimproved road. Cherry Avenue, that divides a lakeshore lot from the remaining interior lots requiring a variance that would seek credit for the principal residence on the interior lot for the accessory structure on the lakeshore lot, and hardcover and setback variances within the 0-75’ setback area for the 200’x3’ cat walk structure. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1515. 2. The property is located in the LR-IC Single Family Rural Residential Zoning District requiring 1/2 acre in area. The interior lots within the jointly owned properties consist of 22,183 square feet. 3. The Orono Planning Commission reviewed this application on April 16, 1990, and recommended approval of the proposed variances based upon the following findings; Page 1 of 5 A) The portion of Cherry Avenue that the proposed cat walk structure would cross is totally within the wetlamd/lakeshore and is not used for roadway purposes and is currently unimproved. B) The legal combination of the substandard lot will now be tied to an adjacent homestead parcel and will never be the subject of a land use independent of any homestead. C) The proposed dock structure meets the LMCD criteria for authorized dock use area for a dock with one slip (1 slip per 50 lineal feet of shoreline). D) The property consists of predominately wetlands and lakeshore. E) There is no adverse impact on adjoining property owners or the public generally as a similar dock and cat walk structure has existed on the property to the immediate east without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. 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 variances 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hizard 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. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction of a 200'x3' cat walk, portions of which are to be located within the unimproved right-of-way of Cherry Avenue and within riparian Lot 2, Block 3, Crystal Bay View, to serve the residence located at 3825 Cherry Avenue, subject to the following conditions: 1. Prior to filing the variance resolution by the City, applicant must apply for the legal combination of three parcels, P.I.D. #08-117-23 33 0041, 08-117-23 33 0037, 08- 117-23 33 0058. 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay View and unimproved Cherry Avenue, applicant must submit the following: A) Survey showing any encroachments of property and location of proposed structure within subject lot and right-of-way of Cherry Avenue. The accessory structure must meet the required 10' side setback from the west side lot line. B) Approval permits from Corp of Engineers, DNR and Orono Public Works Department. Applicant to provide fully executed Hold Harmless agreement with the building permit application. 3. Posting of cat walk/dock structure with "No Trespassing/Private Property" signage. 4. Based on standards of LMCD and this variance approval, the dock shall be limited to 1 slip. 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 (May 14, 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. Page 3 of 5 7. 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 14th day of May, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) s s. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of May, 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 4 of 5 CITY OP ORONO - VARIANCE APPLICATIO Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 , (no change from original application) j^ter-the-Fact Fees (Double application fee) 1 ^ 1 it ^L^ity SF cnsio n'.VASff OFFICE 130020^ _______________________________________ PHOPBRIT LOCATIOH Site Address ^----------og-//T-^3-g-J ^03^ Property Identification Number (P.I.D.) CC.Fyi f.—OCOPi— Please check one - Property X abstract or - - - torrens? Attach legal description to application if not included on required survey. APPLICANT Name Phone (home) "V7/ A D /~‘/AiAC /v>^_ _ _ Phone (work) City; 0/?Ca.'0- - OWNER (if different than applicant) Naime_ _ _ _ _ _ _ ___ _ _ _ _ _ _ __— Phone (home) Phone (work) Address;City;,Zip; Date Property Acquired ('A /(month/year) I (do) (do not) also own the adjacent parcels PRESENT USE OP PROPERTY Present Zoning District __ _ _ _ _ _ _ _ ___ _ _ _ _ _—- - - Present Use of Property _ _ _ ___ _ _ ___ _ _ _ _ _ _ __ _ Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $, ■ .. . . .Lot Area _ _ _ Lot Width - - - Hardcover - Setback Variances (,Front Side Rear) • - , , other -TF. (Tlof^S ^r^ 7^0C./C HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; J^rir^\< 7^ Ti^e^r>5^:TV L'UcD*JLSr> /\\c7r c-^T?y^=^jrIV DBSCRIPTIOH OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; XV*;?7^ /-S iV/Vr'/^y LV/^rA/f/^ A^A TfAl'ts \ a^cTTT As. yV//f^PAry 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 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. 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 Zoning Department that Variance Application is complete. Zoning Official's Signature^_ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information 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 Date knowledge. Applicant's Signature OWNERS SIGNATURE V 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 .on of this revest. Date /yO Applicant must have A'll ^sjaj3i»ittals 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. ■■—-••' >;■Mayor and City Council MembersPlanning Commission Chairman and Planning Commission Members Jeffrey Johnson 3825 Cherry Avenue Orono, MN March 23, 1990 Variance Request I purchased Lot 2, Block 3 Crystal Bay View with the intent of providing lakeshore access for my homestead at 3825 Cherry Avenue. This lot was purchased from Marion Schulz of Philomath, Oregon. My request is to grant a variance to the City Code to allow the construc­ tion of a permanent dock from my homestead property across platted right- of-way of Cherry Avenue, across the wetland portion of Lot 2 to the shoreline of North Arm. The dock will be approximately 3' wide by 200' long. The portion of Cherry Avenue that the proposed dock would cross is totally within the wetland area and is not used for roadway purposes and is unimproved. By granting this variance request, the City of Orono can be assured the use of Lot 2 will be "tied" to an adjacent homestead parcel and will not, at some future date, be the subject of a land use independent of any homestead. This request does meet the Lake Minnetonka Conservation District's criteria for authorized dock use. I feel that this request meets all of Orono's requirements for a variance, including hardship involved with the land itself, uniqueness, and no adverse affect on adjoining property owners or the public generally. M hfs O U _l M U1 s. w < inSg32 « N X M M «mu o a a u o CO n tt Q K) CO m o CO ; M A i _o in «a a M Ik in CO n Ik M CO ^ UJ CO •n o "> -) w c^g in O UJ (X a ae . o >h MX Ul M Ml/) X m MxSSg*^ CVJ t- -I -J (/I I X -I -1 r:S33S£ M K I ^ ^ Q < CO Z H ° S 2 S o f3 CO CD GO > GO m UJ UJ CO < Kk O O Q ro X -* 1/ o ^ o ee a _i s -J M M N. X »> -J J _l < 3 -iJO u •-) < ^ XX -< _J K < H> I IH u < O CO S 3 o< o O “> X M M CO o < <r X Ki o -I X cvj a o <O Ui -i X ox 3 o •-• <^§-»2 ujS: M in X N X in z o in M X «a O X CM I- S3 :^sii££ T i'’g. ®a “ss5 ro o UJ UJ HI X 0 M < -J iu M < a UJ <oal“s3s 1 lU ^ M > N. X U H X •H U UJ V) X _2 O O U Q CM -J 0 2 CO X V) CM S CO M < X CO Q M O U Z M Z X ^ a o < X a < z rlSSi c!> iiuS? «S“SSg m o UJ UJ M z ^ o < X oz^< ae < w o ° ■» S a| M UJ X cn < m CM X o M in IH < -0 •• X ^ V -J>S5 CO UJ u °S-£mg co§“*liSS M O 3 “» M Z s|«i ggsi X Z < z X 9 >- Ss^sp CO M g|«i o z UJ 54 >- \ X 4 UJ X Ul X ZilM < •I ■•'*r.,v (V Ov Cl'G c ’■ : V. ' .'■‘'■y. ■ ■• -r''. •, ;v .... 1-- • vVt,- ^ V',, V.^. • r*.- . .V ..V • J. .y yi. '■'y. V / / * . '• t • ‘ ■ ^-r>'• ' . -• •-•,» ■ ,• "* > < . , ; ‘ • ' ..v: ‘ - HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250'(j50-500^ 500-1000' Existing Hardcover in Zone A. House x ^ 7 ^ LENGTH 10 B. Oarage c. D riveway D. Sidewalk S^sssl 1 ■E. Jatio / D eck F. Landscape AREAS 3 loL UNDERLAIN BY PLASTIC SHEETIN( - X - X . X . X . X . X . X . . X . X . X . X _ X _ X _ I . ^ X ...p. WIDTH S.F. S.F. S.F. S.F. S.F. ^8 /; OOP S.F. ____________ S.F. ___S.F. S.F. S.F. S.F. S.F. S.F. /O 3 Q S.F. QQ S.F. 7<rf- Total Hardcover in Zone ____“ / cycr:> S.F. S.F. [T Total Property Area in Zone - /^7b s.f. ~h] /VcW.ffOTC='.^ XOT— _____ 1 ] -l]!] a3j/R5 X 100 - /S,/ % t^<sr 75?o?os^ =. 3'v< Roo'='2>00-s,a €O0 TT lOj^iSO Lar»g£A ■= -3/^ /SbrbSiii ///fSSyzov'£^ PROPERTY INCLUbED (3 PJ.D.’s) lakeshore lot i^es. f.- •7 t i*r»' 'I ? V i'*' /. ,Vt. •■ |> »V ‘.V. ENGINEERS AND SURVEVGRS m""'"* ,, - MW^MW AMNUI N. ..r^•<:P - •iv-. 'MIWHA^PU* n.MtNN. ■•■vv;i -■ xiKj.M-.r r:, i ■ •-■■■ ..!"«;?•«•..;3Wsa»V,... :: lcsi€. •§ ' • .*. it'eft jVi’ ^«*/ ^ •,«wv'^ /•'*<[ .Vj».^- •if i^»fS ■i‘'-y JTT , ^ anwv«MriiM«»'nKMioctMMr «mntNTNnoM>MUMrtpm MUMOMuts »<n> --- M «m UCKTM W*U.WMMM. »«Mnr,««atM.IMOMLVinMlliCMMHM^ (Mt» • ."• \ * . MINDER 'EHDINEERma CO..INC. . -• •• W^I^rf_;g-g^_—. ^■•'.<^0 «* __ ■ V—** • *'=-’"• • » ^ *^7| :.t: ;:?rp V »«*V • .f. '. •• * »VU ^tt0 CftAi M6M6EJ& CeOAe. p»srSi*- OJ?73aS4^ t-tXA- Cteii MEmAE£. eAtH 5fAte C&f-^sr^ocr/cyJ X:h£7-^/a^ . . 5 3 «nd 4 of the City of Orono section 6.05. Subdivisions 2, Municipal Code is anended to read a. follows:......cipal code is amended to noADWAY, - -ri. public roadway surfacing, si ariveway approaches, driveway turnarounds, or .tain a permit from the City in ... Also, with or without petition presently beginning .ocal improvement Code of Mmneso With Section 429.011, as the same may : - I. . . . ..a •» -- r;.:. . other public property m th public road or other P * t>,e City. Application for sucn P in writing from the City. fade on forms approved and provided by the City <K. the contemplated improvements, the sufficiently descr length of time , . „ date of beginning of work, and the le g ...u ~ for any such improvemen required Information showing council, such application shall -5- the type of construction, the width and the location of an improvement on the parcel of land and the lot and block number or the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and other such information as may be required by the Public Works Director. The application shall be filed by the property owners desiring to construct such a driveway approach, driveway turnaround, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any public road or any property in the City, or by his or her duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this Chapter. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work. These regulations shall apply to all City, State and County roads. Subd. 3. Issuance of Permit. Such permit shall be issued by the Public Works Director, if he or she has determined that the applicant has complied with the terms of this ordinance, the permit fee hereinafter specified has been paid and the Public Works Director has approved the driveway, driveway approach, driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any public road or other public property in the City as requested or with stipulated changes. The Public Works Director shall have the authority to refuse to issue a permit when, in the judgment of the Public Works Director, the requested construction would impose an unreasonable -6- /. / / hazard to the public. Such decision may be appealed in writing by the applicant to the City Council. The City Council shall have the power to affirm, reverse or modify the decision of the Public Works Director. Subd. 4. Permit Fees. The fees for permits for the construction of improvements as outlined above, shall be as set forth in the City's Fee Schedule which may be amended from time to time. Subd. 5. Revocation of Permit. A. All permits granted for the use of public property under the terms of this Ordinance shall be revocable by the Public Works Director pursuant to the procedure set out below in Section 6.05, Subd. 6, "Authority of Public Works Director." .1 : -ix B. In addition to the provisions of Section 6.05, Subd. 6, a permit may be revoked by the City Council and City shall have the right to revise, relocate or close any sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut or private improvement in any public road or other public property in the City as the result of the reconstruction of any road, a change in land use, or a major change in the traffic pattern of an existing land use. -7- * \^r ^ .-■'.r.'tvTS -1.' . .- ,^r... * •;; ^*--' ■rx^ ■■■ V •. '\: •' ■•:•■- ^ . V. ., *-• * ,». ?lif '.\ pi>•... '?^.^.... •:j^' '-. i._ -• • vJ- ,.! ■vv"'- V...rr ■ V,l7 - ■-t- •V..’. ■ ^ ’ i .. '*. S-v ■ ... -a-. j .4 ■ W»'4 From: Date: Subject: , I/. iKETme Jeanne A. Mabjsth, Building & Zoning OF ORONO Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson April 12, 1990 L #1518 Big Island Veterans’ Camp Conditional Use Permit - Public Hearing Pertinent Ordinance - Section 10.31, Subdivision 3 (D) - Overnight camping - cabin use. One cabin requires 1.0 acre in area. Proposed 5 cabins requires 5 acres. The remaining 25 camp sites require 12.5 acres. Day recreation use at 240 user level requires 12 acres. Proposed level of use: Total Area Required = 29.5 acres Existing Acreage = 57 acres Section 10.31, requirements. Subdivision 8 - Yard and setback Separation setback: Required * 10' Proposed * 40'+ Lakeshore setback: Required = 75' Proposed = 75' Section 10.31, Subdivision 11 - Minimum requirements for cabin construction. Total area of cabin » 572 s.f. 22x26' A) Foundation. Pier foundation requires variance to this section consistent with repairs to foundation for existing cabins in 1987 and 1988. B) Minimum area for cabin: Required * 400 s.f. Proposed * 572 s.f. C) Minimum width required: Required * 20* Proposed « 26' D) Roof design satisfies required standards. E) Minimum plumbing standards not applicable as area is less than 600 s.f. Zoning File #1518 April 12, 1990 Page 2 of 5 F) Additional requirements; 1. smoke detectors for bedroom area; 2. each cabin supplied with approved fire extinguisher labeled for Class A, B and C hazards and minimum extinguisher size shall be lAlOBC. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Q Exhibit R Application Property Owners List Plat Map Before/After Hardcover Fact Sheets List of Board of Governors 1990 Map/Site Plan Big Island Renovation/Reconstruction Plan Revised 2/28/90 Copies of 1989-1990 State License to Operate Camp Grounds Resolution #2613 Conditional Use Permit for Overnight Camping Site Plan - Southeast Area - Cabin Site Plan Board of Govenors - Financial Statement Elevations - Optional Cabin Designs Cabin A - Detail Elevations Typical Floor Plan - Cabin A Alternate Floor Plan - Cabin A North Medical Transporation Services - 1990 Update Letter Liability Insurance 1990 Season Campground Emergency Preparedness Plan Review of Current Level of Operation and Improvements - The existing drainfields within the southeast area and peanut row in the northeast areaare satisfactory, the picnic shelter within picnic dock area has been completed and per staff's recent inspections, the septic system is near completion to serve the bathroom area within the picnic shelter structure. The camp proceeded with the 1989 season at a medium successful level. The septic systems appeared to serve visitors to camp. There are apparently no problems with existing septic systems as reported by inspection staff during last season. Zoning File #1518 April 12, 1990 Page 3 of 5 The current plan proposes 5 cabins. Although classified as handicapped in the reconstruction/renovation plan for the 1990 season, the cabins do not qualify for handicapped use. If cabins were to be approved for handicapped use, they would require inside plumbing/lavatory facilities and cooking facilities. Please review Exhibits M, N and 0, the camp proposes the typical floor plan rather than the alternate floor plan designating kitchen and bath areas. Agents of the camp decided to go that route as the City would have required a separate drainfield to serve the 5 cabins. At some future date, the agents of the camp advised all cabins will be remodeled meeting handicapped accessible standards and the required drainfield installed. For this season we are asked to approve 5 sleeping cabins as part of an expansion of the original overnight camping conditional use permit. All appropriate standards in Section 10.31, Subdivision 11 will be required for each of the 5 cabins. Please refer to Exhibit N, each cabin is equipped with a refrigerator and standard cabinet features, designed to accept a future range, sink, etc. Staff would ask Planning Commission to make a recommendation regarding a stove use for the limited use structures. Staff seeks direction regarding the need to discourage campers from bringing camping stoves into structure. Cabins may be limited to an electric rangetop to facilitate cooking. What are Planning Commission Members' thoughts on this issue? The only variance required in the design of the new cabins would be proposed foundation design implemeting pier footings. This is consistent with the major repairs done to the existing cabins in 1987-88 season. The building staff finds this form of foundation most acceptable for seasonal cabins on an island land base. Staff would ask the Planning Commission to make a recommendation regarding setbacks for the cabins. Section 10.31, Subdivision 8 notes only a separation for all structure on a given lot of 10*. Applicant proposes a 40* separation and a few at 50'. Is this adequate in the campground setting? Seasonal cabins will be constructed per applicable standards set forth in Section 10.31, Subdivisions 11 and 12. Staff plans a mid-season inspection to confirm all septic systems are operating in satisfactory condition. Zoning File #1518 April 12, 1990 Page 4 of 5 General Comnents - The applicant has provided the required information and submissions for the 1990 season as set forth in Resolution #2613 that approved both day use recreation and overnight camping at the facility. North Medical Transportation Services that serves this area of our City has approved the landing path for a helicopter in case of a medical emergency (review Exhibit P). The necessary updated liability insurance has been submitted. You may use the list of exhibits as a check off list. Staff recommends approval of the current conditional use permit for an expansion of overnight camping use for the Big Island Veterans' camp that would allow 5 cabins to be included in the overnight tent camping area based on site plan entitled "Site Plan of Camp Sites - 1990" and included as Exhibit J, Application #1518, and grants approval of the variance to Section 10.31, Subdivision 11 (A) allowing pier foundations instead of standard block foundations. Approval is based on the findings set forth in Resolution #2613 and subject to the following conditions; 1. Applicant to apply for a Joint Use Dock License from the City of Orono for the 1990 season. 2. All low lying shrubs and trees to be trimmed within 100' of the defined campsite area. This area to be maintained in same manner throughout camping season. 3. All 11 remaining buildings to remain secured as directed by the Orono Building Inspection Department. 4. All designated fire stations to be ready for use for the 1990 season as shown on "Big Island Site Plan for Overnight Camping" dated April 5, 1989. 5. Any changes in signage for the 1990 season must be approved by staff. No signage area can exceed 50' s.f. 6. Appropriate signage must be provided within each cabin detering the use of camp stoves within interior of cabin and pending recommendation of the Planning Commission, cabins may be equiped with an electric stove/grill. 7. No internal plumbing has been approved for the 5 cabins. 8. The City does not recognize the 5 cabins as accessible to the handicapped. Zoning File #1518 April 12, 1990 Page 5 of 5 9, All cabins shall meet the appropriate and applicable minimum requirements of Section 10.31, Subdivision 11. This would include smoke detectors in all bedroom areas, and fire extinguishers per standards set forth in that same section. 10. Once again, applicant is hereby advised that if at any time the existing septic facilities are determined to be insufficient or failing upon the regular inspection by the Orono staff, that all or partial overnight camp use shall cease. Overnight camping at the 5 cabin/25 tent site level shall not be reopened for public use until applicant has installed adequate septic treatment facilities to support sewage demands of the camp. Additional Comments and Planning Commission Recommendation > May 8, 1990 The Planning Commission had no major concern with the proposal as presented as applicants have complied with all conditions previously set forth in other land use approvals for the camp use. The Planning Commission unanimously approved the conditional use permit and variance for the amendment of the conditional use permit for overnight camp use. The enclosed resolution has been drafted for Council review and action. A RESOLUTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) AND A VARIANCE TO SECTION 10.31, SUBDIVISION 11 FILE *1518 WHEREAS, Alan Wisdorf, Chairman of the Board of Governors, Big Island Veterans' Camp (hereinafter "the applicant") has an interest in the property located on Big Island per Orono Classification Record Lot #1 within the City of Orono (hereinafter "City") and legally described as follows; See Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of of Orono for a conditional use permit to allow construction of 5 cabins within the existing overnight camp area to remain at a 30 camp unit level and a variance to Section 10.31, Subdivision 11 that would require block type construction for foundations instead of the pier foundations as proposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1518 2. The property is located in the RS Seasonal Recreational Zoning District. Per Section 10.31, Subdivision 3 (D), the current recreational use level of the facility will require the following area allowances; 25 tent camp sites require 12.5 acres 5 cabins require 5 acres day recreation use at 240 user level requires 12 acres TOTAL AREA REQUIRED = 29.5 acres Existing Acreage = 57 acres 3. On April 16, 1990 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings; Page 1 of 5 A) The 57+ acre site is large enough to support a day use recreation area and overnight camping use as amended without any adverse effect upon the lake or upon the adjacent wetlands that are located within the subject property. B) The proposed use will have no negative impact upon the neighboring property. C) Based upon the proposed level of use, the fire protection system developed by s Zf and applicant will continue to provide the nec^^ssary precaution in maintaining the public safety and welfare. D) The proposed use will require no variances to the required standards set forth in Section 10.31, Subdivision 3 (D) for overnight camping use. E) The City continues to receive no negative comments from the permanent or seasonal residents of Big Island since the camp reopened in 1988 for day recreation use. F) Pier foundation proposed with the construction of the 5 cabins is consistent with previously approved repairs to foundations of existing cabins at camp in 1987 and 1988. 4. The City Council finds that tne 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 light, air nor pose a fire hazard or other danger to neighboring properties; 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. L. The City Council finds that granting a conditional use permit for the construction of 5 cabins 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 other 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 the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 I 6. The City Council has considered this application including the findings and recommendation of the Plan'^ing 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. 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 Cede Sections 10.31, Subdivision 3 (D) to permit the construction of 5 cabins as an expansion of overnight camp use at Big Island Veterans' Camp, Record Lot #1, and approves a variance that would allow the construction of pier foundations for each proposed cabin where block foundations are required, subject to the following conditions: 1. Applicant to apply for a joint use dock license from the City of Orono for the 1990 season. 2. All low lying shrubs and trees to be trimmed within 100* of the defined camp site area. This area to be maintained in same manner throughout overnight camping season. 3. All 11 remaining buildings to remain secured as directed by the Orono Building Inspection Department. 4. All designated fire stations to be ready for use for the 1990 season as shown on Big Island Site Plan for Overnight Camping, dated April 5, 1989, and made part of the official record in the approval of Resolution #2613. Applicant to arrange for an inspection by the Orono staff to insure compliance. 5. Any changes in signage for the 1990 season must be approved by staff. No signage area can exceed 50 s.f. 6. Appropriate signage must be provided within each cabin detering the use of "out door" stoves within interior of cabin. 7. No internal plumbing has been approved for the 5 cabins. 8. The City does not recognize the 5 cabins as accessible to the handicapped. Page 3 of 5 9. All cabins shall meet the appropriate and applicable minimum requirements of Section 10.31, Subdivision 11. This would include smoke detectors in all bedroom areas and fire extinguishers per standards set forth in that same section. 10. Applicant is hereby advised that if at any time the existing septic facilities are determined to be insufficient or failing upon the rejular inspection by the Orono staff, that all or partial overnight camp use shall cease immediately. Overnight camping at the 5 cabin/25 tent and recreational day use shall not be reopened for public use until applicant has installed adequate septic treatment facilities to ipport sewage needs of the full camp use. 11. 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 for the retaining walls within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (M ' 14, 1991). 12. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning cod« shall automatically terminate any authority granter rein, and shall be punishable as a misdemeanor. 13. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the Board of Governors of Big Island Veterans' Camp, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. May, 1990. ATTEST: Adopted by the Orono City Council on this 14th day of Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 of 5 JLL i 1 >4i r- /■ JL 135mm oam CITY OF ORONO - GENER^^LAND^SJ? APMiICAfl6R 01 EEH 150.00 PROPERTY LOCATION Site Address B>»^ J7sUiA(l , gfbuA cm R 150.00 RECEIPT-IV,m YQJ H172590 cool ;z 5 _ 117- :2i- i'- ^ooi Property Identification Number (P.I.D.) :?> - m7-^3-A3-ooo\ Please attach legal description to application if not included on required survey. APPLICANT Name L d vv-S\yx Address Phone (home) ^^4- <7_ _ _ _ _Phone (work) - 0^7*4 _ _ _ _ _ City ^u / zip 3StoS* OWNER (if difff’-ert than applicant) 6,a I<9V»J of Name Pq** l/<,few<a»KS a*T K/iMursaTf-^^ Phone Phone (home) ^-7tp -/9 s? Address fo £"^<P Date Property Acquired I ^ ^ O City £y^g/s-/ov-, zip ( _ _ _ _ _ (month/year) I 4de)“ (do not) also own the adjacent parcels of land. FEES - 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 X 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 (+ cons* _ _ _ _ $250.00 Vacation _ _ _ _ $175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision _ _ _ _ $250.00 Rezonlng (PUD - refer to fee schedule) _ _ _ _ $100.00 Appeals __ _ Other - see fee schedule It fees) PRESENT USE OP PROPERTY Present Zoning District it s Present Use of Property t Other Csp'fe’cify) [1 '■ T V/j • f 'Residential o' y s DESCRIPTION OF REQUEST Describe request in detail: _ _ S af <5uv <^>C is'f'i Gtvu^.rl'fgr Bu. \ 1 A.p -C, </• \AACI \A'^\*t k:,rabixAS.C<^ \AA p REQUIRED SUBMITTALS 1. Completed Application Form. 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 survey (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 separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF 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 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 best of his/her Icnowledge. 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, and Council members for purposes of investigation and verification of this request. Owner * s signature of Date _ _ _ _^ I, 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. o in •«sa • Msg r M Zo I:;; 82 M a itMa. V o »- IZ ?:| u 5 6 Uis w jn K in M e3 at > misB 5 «n in w on.h S5IS^ O M B > < B Ui O. < U > «O >n O e Kffi CO ifl fu in is Is •-• in B Ui in in in in ®S«SE Ik < B Ui O -> O K ^ V) Z Ui 3 O M B > << QC Ui O. 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S.fV I ^ ^ S.F. s.F. M21.S.F, iX^S.F ■_ sIf r*' S.F, S.F.^ S.F."JV Z S.F. S.F. »» S.F. to* S.F. S.F. S.F. IS.S^H- s.F. [a Total Property Area in Zone 5‘1 ^ves - 3, st^^ps.i;, /5,sa^ 4(11 X 100 =■ % i-LAKJD V€TCk,hr^^ > “ /j-g-HARDCOVER CALCULATION WORKSHEET tj r TB R i i<fcf o ^SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' H ardcover in Zone Kv-s A. H ouse ^«PZ) ^ “To ii'e't’/sUow 'ev' • LENGTH /4> Pt'<c.wJc 3g Ifg>«- 4 Ifw/fftWAWC Ih Build’ivt-, - u > r.^nfllVCWAV ■ J- / S'^^vA^ O £uiM.|U^:^0 D. Sidewalk , 5 Mc'-o ■CtjgATie/— 5 DECK5 • /O F.Landscape AREAS underlain BY : . PLASTIC SHEETING G. Other DmiVj HaH ^f>) X Pi'a UIC S.F. \? ^ X WIDTH /4 m • 7^? S.F. X lu m 7^ . S.F.” X 5o m lA ^ _ S.F. X 72 m S.F. X 1L a /oiy S.F. X a S.F. X a . S.F. X a 0 S.F. X a '2.ZLO S.F. X a S.F. X 7 SSO S.F. X a c> _ S.F. X a S.F. X • a S.F. X a S.F. X a ^ S.F. IN Zone S.F. , IN Zone 5^^cte% -2, 570, OfO s.p. • B ^S70, O^O » inn - 0-1 rri # BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP March 20, 1990 ±u I.& Joe Backes (American Legion) 15708 Normandy Lane Minnetonka, MN 55345 (h) 949-2544 (w) 542-0794 Don Knight (VFW) 1227 Lombardy Ave Anoka, MN 55304 (h) 434-3577 (w) 757-4540 Norb Bosiger (Purple Heart) 2945 Fairchild Ave. Wayzata, MN 55391 (h) 476-6245 Wilfred Viitala (DAV) 5700 Mt. Normandale Drive Bloomington, MN 55437 (h) 835-4083 (w) 291-1212 Gerard E. Kelly (DAV) 2809 Pahl Ave. N. E. Minneapolis, MN 55418 (h) 789-3934 (w) 781-7114 Alan Wisdorf (American Legion) 1309 N. Skyline Drive Burnsville, MN 55337 (h) 890-4379 (w) 890-4180 Big Island Caretaker's Cabin 474-1958 Larry Sharpe 1419 No. Albert St. St. Paul, MN 55108 (h) 646-9430 (w) 339-0674 tr a JL .‘vr'o iiiiii c:^^«iiiii» -----------, ,,:<....................................................................... #■ I BIG ISLAND VETERANS CAMP RENOVATION AND RECONSTRUCTION PLAN 14 DECEMBER 1988 REVISED 28 FEBRUARY 1990 Background The Big Island Veterans Camp was re-opened for day camping in July, 1988, after a period of clean-up and renovation. A number of the Camp buildings had fallen into disrepair and 32 of the 43 buildings on the Camp property were razed in 1988. The eleven remaining buildings were either renovated, secured or converted to storage use prior to Camp opening in July, 1988. In 1989, 2 new picnic shelters were erected - one of which includes toilet/ shower facilities. Objective This document sets forth the planned renovation of existing buildings and ficilities as well as the construction of new buildings and facilities. The strategy throughout our planning activities has been to integrate the follow­ ing characteristics: 1. Project Approach Each of the projects set forth in the plan is of a defined scope and will be initiated separately. While multiple projects may be under way at a given point in time and may support or rely on each other, the focus on approved projects will ensure their timely completion. 2. Incremental Funding As funding is made available to initiate a given project, application for its initiation will be made to Orono. This attribute also allows us to focus on current project completion before initiating other un­ funded projects. 3. Project Priority Projects are arranged in priority in order to support the planned evolution of Camp operations. 4. Flexibility This plan represents our best plan for renovation and reconstruction Some level of flexibility in priority and projects will be required but will be kept to a minimum. Operational Evolution The renovation and reconstruction of the Camp will proceed in three general phases: Phase 1 - Day and overnight tent camping facilities Phase 2 - Handicapped accessible cabin construction Phase 3 - Operational enhancement Some projects within a given phase may overlap another phase; however, the overall strategy is an orderly c?v lution of operational capabilities. Reconstruction and Renovation as 1. Southeast (SE) Area - Point Charming 2. Northeast (NE) Area - East of Peanut Row includes Peanut Row latrine site 3. North and Central (NC) Area - Includes all ■‘Id buildings other than Peanut ‘‘ • 'nd Point Charming latrines 4. Dock and Playground (DP) Area - Immediate!, west and southwest of main pavilion 5. Northwest (NW) Area - northwest and west of playground (See attached map #1) Overall Concept Construct new picnir shelters and latrine/shower buildings to support day and overnight tent camping use. Renovate old main dining hall for use as a visitor's center and repair other existing storage buildings as necessary. Construct 15 handicapped accessible cabins in SE area. Expand services and buildings in NE and NW areas if required for additional day, tent or cabin use. Phasfc One - Scope and Projects Phase 1 - Day and overnight tent camping facilitie: This phase provides for the erection of new picnic and bathroom buildings with new septic tanks and fields as camp use increases. This phase also includes renovation of existing buildings. (Complete) Project lA - (Complete) Project IB - Project 1C - (In Progress) Project ID - Project IE - Project IF - Project 16 - Project IH - SE picnic shelter construction DP picnic shelter/bathroom construction visitor center renovation - foundation and other renovation - major on-going project DP latrine/shower building construction and septic field (will also serve tent campers in NW area) SE latrine/shower building construction and septic field (will be designed to serve 15 future cabins) NE picnic/latrine/shower building con­ struction and septic field (tent camping area) storage building renovation - limited renovation of storage building to repair and improve security NW picnic shelter Phase 2 - Handicapped Accessible Cabin Construction This phase provides for the construction of 15 handicapped accessible cabins in the SE area. Each cabin will be connected to the septic systems instaT floor plan. in project IE. Refer to attachment for drawing and Project 2A - cabin #6 Project 2B - cabin #8 Project 2C - cabin #9 Project 2D - cabin #7 Project 2E - cabin #5 Project - cibin #4 Project cabin #3 Project 2H - cabin #2 Project 21 - cabin #1 Project 2J - cabins #15, #14, #13, #12, #11, #10 Project 2K - handicapped ramp and trail construction improvement of existing hard-surfaced trails and building of sidewalks between cabins and to beach Phase 3 ~ Operational Enhancement Projects for this phase will be defined based on operational needs; however, the following general ground rules apply. The SE and NW areas are for cabin development, while the NE area is dedicated to tent camping. A monument has been considered for inclusion in the Camp and the building of a year-round house for the camp manager to provide security is also a possibility. ! Phase 3 - Operational Enhancement Projects for this phase will be defined based on operational needs; however, the following general ground rules apply. The SE and NW areas are for cabin development, while the NE area is dedicated to tent camping. A monument has been considered for inclusion in the Camp and the building of a year-round house for the camp manager to provide security is also a possibility. Tf 18 POST ONSPICUOUSLY CENSE FEE:t33.75 MINNESOTA DEPARTMENT OF HEALTH SECTION OF ENVIRONMENTAL FIELD SERVICES 717 DELAWARE STREET S.E. P.O. BOX 9441 MINNEAPOLIS. MN F5440 (612) 623>533S ________FOR YEAR:__JL122__________________ CENSE EXPIRATION DATE: 12~31“90 r L )CATION OF PARK: rv E:;gelsior Board of Governors Big Island Veterans Camp 1419 North Albert St. Paul, Hinnesota 55108 TOWNSHIP Orono n COUNTY. J HENNEPIN LICENSE N0.:_HH. LICENSE TO OPERATE MANUFACTURED HOME PARK LIMITED TO: ^__________SITES LICENSE TO OPERATE RECREATIONAL CAMPING AREA LIMITED TO: 30__________ LIMITED TO;INDEPENDENT SITES not transferable AS TO PERSON OR PLACE. DATA CONTAINED ON THIS LICENSE IS CONSIDERED PUBLIC IN FORMA TION. HE-01226-01 POST ■ONSPICUOUSLY # 151 CENSE FEE: $75.00 MINNESOTA DEPARTMENT OF HEALTH SECTION OF ENVIRONMENTAL FIELD SERVICES 717 DELAWARE STREET S.E. P.O. BOX 9441 MINNEAPOLIS. MN 55440 (612) 623-5335 ________FOR YEAR:________1^89____________LICENSE NO.:1245 CENSE EXPIRATION DATE:.12-31-89 r n L (CATION OF PARK: Excelsior Big Island Veterans Camp P.O. Box 598 Excelsior, Minnesota 55331 TOWNSHIP Orono j COUNTY.HENNEPIN LICENSE TO OPERATE MANUFACTURED HOME PARK LIMITED TO:___________________SITES LICENSE TO OPERATE RECREATIONAL CAMPING AREA LIMITED TO: .If) DEPENDENT --------------------------------SITES LIMITED TO: INDEPENDEN --------------------------------SITES NOT TRANSFERABLE AS TO PERSON OR PLAC DATA CONTAINED ON THIS LICENSE IS CONSIDERED PUBLIC IN FORMA TION. HE-01226-C CITY OF ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO, :z: uA RBSOLDTION GRANTIliC i A COHDTIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) FILE #1385 WHEREAS, Alan Wisdorf, Chairman of the Board of Governors, Big Island Veterans' Camp, (hereinafter "the applicant") has an interest in the property located on Big Island per Orono classification Record Lot 1 within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached. WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to allow overnight camping proposed at 30 camp sites at a maximum user level of 120 per day based on the standard of 4 guests per tent. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1385. 2. The property is located in the RS Seasonal Recreational Zoning District, per Section 10.31, Subdivision 3 (D) 1, 30 tent camp sites will require 15 acres in area, the day recreation use at a 240 user level requires 12 acres in area. The property consists of approximately 57 acres in area. 3. On March 20, 1989, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings; A) The 57+ acre site is large enough to support a day use recreation area and overnight camping use without any adverse affect upon the lalce or upon the adjacent wetlands that are located within the subject property. B) The proposed use will have neighboring adjacent properties. Page 1 of 6 no negative impact upon the CITY OF QRONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2613_ _ _ _ _ _ cr Based on the proposed level of user the fire protectxon system developed by staff and applicant will provide the necessary precaution to maintain the public safety and welfare. D) The proposed use will require no variances to the required standards setforth in Section 10.31# Subdivision 3 (D). E) The City has received no negative comments from the permanent or seasonal residents of Big Island since the camp opened in 1988 for day recreation use. 4. The City Council has considered this application including the findings and recommendations 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 overnight camping 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 10.31, Subdivision 3 (D) to permit overnight camping at Big Island Veterans' Camp, Record Lot 1, subject to the following conditions; 1. Prior to opening the camp for overnight camping, the Orono staff must inspect the facility to ensure the following required improvements have been completed: A) All low lying shrubs and weeds to be trimmed within 100' of the defined cam^ site area. Area to be maintained in same manner throughout camping season. B) All eleven remaining buildings to remain secured as directed by the Orono Building Inspection Department. C) All designated fire stations to be ready ? season. Orono Fire Inspector to determine need for additional fire stations in new picnic and dock area. Page 2 of 6 CITY OF ORONQ city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2613 D) Toilet facilities (Peanut Row and South Hill facilities) to be in an approved condition for both day use recreation and overnight camp use. The City to enforce directives of the Minnesota Department of Health regarding the number of fixtures required within each latrine to serve 30 overnight camp sites. E) Security lighting to be re-inspected by opening. staff prior to F) Site of helipad to be inspected. Applicant to provide an updated written emergency procedure for 1989 season. G) Submit a copy of current liability policy/coverage for both day use recreation and o'^ernight camping. 2. The approved plan of operation for the 1989 season for the Big Island Veterans' Camp has been based on an improvement/site plan submitted by the applicant and attached as Page 6 of this resolution. 3. Approval of a Joint Use Dock License by the City of Orono and the L.M.C.D. for the 1989 season. 4. All changes in signage for the 1989 season must be approved by staff. No signage area can exceed 50 square feet. 5. Applicant is hereby advised that if at any time the existing septic facilities are determined to be insufficient or failing upon the regular inspection of the Orono staff, that all or partial overnight camp use shall cease. Overnight csunping at the 30 camp site level shall not be reopened for public use until applicant has installed adequate septic treatment facilities to support sewage demands of the camp. 6. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution will expire on that date (April 10, 1990}. 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. Page 3 of 6 CITY OF ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2613 __________ 1989. 8. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of the Board of Governors of Big Island Veterans' Camp, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of April, j2unesyR . G^bek, May^f ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 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 thethe City. p / \ j ^ ............. Nothry Public My Gommd [is k. schltler _ . *UIUC - MINHIJO.'A HENNtfiN COUNTY My ecnniKion osoirsi4-"*"3 ommission Expires Page 4 of 6 CITY OF QRONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO.'’613 STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) this ^ —5 r-day of 198J before me a Notary Public within and for said county, personally appeared />./rf^_ _ _ _ _ _ _ _ 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. ..V NOTARY PUBLIC MY C '^'’WAl^MMrtW^^MA/VWVVV^,V^V\W.^ « DORIS a COASH I ^ NOMinr PUBLIC • MINNKOJA^ > ,-4 ^ /H^wiroicoowt/ i?©3^^36PiRi6iri9M|“ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 198 , before me a Notary Public within and for said County, personally appeared known to me to be the (their) free act and deed. NOTARY PUBLIC my commission EXPIRES Page 5 of 6 Resolution #2613Zoning File #1385 EXHIBIT A Government Lot One (Dr Section Fourteen (14 )r Township One Hundred Seventeen (117)r Range Twenty-Th. ee (23); and Government Lot Two (2), Section Twenty-Three (23 )r and that part of Government Lot Three (3)r Section Twenty-three (23)r commencing at the Northeast comer of said Government Lot Three (3)r Section Twenty-Three (23); thence Southwesterly along the lake shore to the Northeast comer of Lot A, Morse Island Park; Thence South 350 feet to Lake Minnetonka; Thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the place of beginning (hereinafter "the property"); and 'L5 viT LS U W L-.j ••H\APR-61389RESOLUTION **2613 u\ii ■■■ §‘-:>1y:'SX ‘X-x<:'>x-;-x-;::;>'::::x:>:-:V;-:-;-;-:::;>:;::;>>>xv:-:< ■•;':->>>:v>::;:<:>>:;:::::::Sx’>;-:'/:-;-x%v::::;>:x':’::x>>v:^ FV' ... ■-.’ '"••^vs, 0\ - -, .‘ ,» \Vi • ••*•«'• > • Ap < V % \ **v ' \ • \F \ ^ XA \ ,. ,... \ 0', ^ /V - €) ; cp '(.0.. ®., ^ ;•• .-\ ■ \ \ • \\ © \ \ |4C •» \ \V ® © © ) J>. \ ,T‘ \ / r», y?'>v, y / / r-B./oo %ci' '.f ^ - N I ^ jC- ^.1 -c: L,. K BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP FINANCIAL STATEMENTS SEPTEMBER 30, 1989 DMMILLER & ASSOCIATES, LTD. Licensed Public Accountants February 13» 1990 To the Board of Governors Big Island Veterans Camp Excelsior» Minnesota 55331 The accompanying statements of financial condition of Big Island Veterans Camp as of September 30, 1939, and related Statements of Income, Retained Earnings and Statement of Cash Flow for the year then ended have been compiled us# A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. MI,LLER fc ASSOCIATES, LTD. 9001 E Bloomington Freeway. Suite 110 • Minneapolis, MN 55420 • 612-881-3003 BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP BALANCE SHEET AS OF SEPTEMBER 30, 1989 ASSETS RESOURCES Cash in Bank Cash in Bank Cash in Bank Checking Money Market Manager Fund 09/30/89 S3ZZSS33 9,863.50 29,830.05 122.26 09/30/88 1, 171,50 37,408.88 299.36 TOTAL RESOURCES 39,815.81 38,879.74 TOTAL ASSETS 39,815.81 S3S333SS3S333 38,879.74 SSS8SSSSSSS8S LIABILITIES k FUND EQUITY 09/30/89 sssssssa 09/30/88 33S33S3S LIABILITIES FICA Withholding Tax Federal Withholding Tax State Withholding Tax Unemployment Tax Accrual 1,622.16 1,296.00 345.00 25.20 224.76 216.00 87.00 0.00 TOTAL LIABILITIES FUND EQUITY Fund Equity EXPENSE OVER RECEIPTS 3,288.36 38,351.98 -1,824.53 527,76 2,822,40 35,529.58 TOTAL FUND EQUITY 36,527.45 38,351.98 TOTAL LIABILITIES k FUND EQUITY 39,815.81 3333333333333 38,879.74 3SS3S33SS8BS3 -SEF ArCOWNTANT'S COMPTLATION REPORT- BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP YTD REVENUE STATEMENT FOR THE TWELVE MONTHS ENDING SEPTEMBER 30, 1989 REVENUE Donations Received - Unrest Donations Received • Restric Memoria 1s Interest Income Sale of Scrap Promotional Sales Bi^ Island Party Van«ialism Restoration Refunds Received TOTAL REVENUE EXPENSES LABOR fc LABOR EXPENSES Sa1aries Payro11 Taxes TOTAL LABOR k LABOR EXPENSES SUPPLIES Managers Fund Special Assessments Building Repairs Repair Water System TOTAL SUPPLIES REPAIRS Machine Hire Equipment Repairs Equipment Replacement TOTAL REPAIRS YTD COMP X 09/30/89 X 09/30/88 80.5 57,737,50 53.7 39,005.00 0.0 0.00 41,3 30,000.00 13.5 9,710.00 0.0 0.00 2.2 1,583.67 2.2 1,623,50 0.0 0.00 0.3 202.05 3.8 2,692.52 1.7 1,265,00 0.0 0.00 0.6 444.00 0.0 0.00 0. 1 72,45 0.0 0.64 0.0 0.00 100.0 71,730,33 100.0 72,612.00 20.1 14,400.00 10.3 7,500,00 1.6 1,123.72 0.9 653,29 21.6 ”157528772 ”1172 a, 153,29 0.1 60.50 0.0 0.00 0.1 81.68 0.0 0.00 2.1 1,471.87 0.0 0.00 2.6 1,840.30 0.0 0.00 ““47s ””37454735 l o1 • l o 1 10000.6 420.70 13.0 9,453,25 0.5 393.51 2.7 1,987.09 0.0 0.00 7,8 5,634.17 ”‘~lTI 814721 ”2375 17,074.51 -SEE ACCOUNTANT'S COMPILATION REPORT- BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP YTD REVENUE STATEMENT FOR THE TWELVE MONTHS ENDING SEPTEMBER 30, 1989 ADMINISTRATION Postage Insurance Permits Legal & Accounting Printing/Ad vertising Mi see 1 Ianeous Survey Office Equipment/Supplies Big Island Party Expense TOTAL ADMINISTRATION OPERATIONS YTD COMP %09/30/89 %09/30/88 0,2 117.00 0.1 44.50 4.3 3,094,31 4.2 3,056.00 1.5 1,104.63 0.2 150.00 1.4 963.80 1.5 1,099.60 5.3 3,793.72 3.2 2,304.88 0.0 15.98 0.2 109.10 1. 1 734.62 2.5 1,828.84 0. 1 96.37 0.1 81.85 0.0 0.00 1 . 1 809.00 TaTs “”97985743 ”1371 9,483.77 Electricity 8c Telephone 2.6 • 1,833.31 1.8 1,277.59 Dock Rental 0.2 130.00 0,3 195.00 Gas and Oil 1. 1 817.41 0.8 614.05 Volunteer Help - Meals 0.3 248.20 0. 1 84.21 Trash Hau1ing 0.0 0.00 0.3 200.00 TOTAL OPERATIONS ””472 37o2a7i2 37i 2,370.85 TOTAL EXPENSES ”457?”327871763 ”5777 37,082.42 CAPITAL OUTLAY New Equipment New Building Pena 11ies 1.9 54.8 0.1 1,335.00 39,312.25 95.93 0.0 0.0 0.0 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY ”567a ”407743723 11o l• 1o l 0.00 TOTAL EXPENSES AND CAPITAL OUTLAY 7o27i ”737554786 ”i777 37,082.42 NET REVENUE OVER/-UNDER EXPENSES AMD CAPITAL OUTLAY 11 1M l • 1 O i l ”-77824753 ”4s79 35,529.58 -SEE ACCOUNTANT'S COMPILATION REPORT- BOAED OF GOVERNORS BIG ISLAND VETERANS CAMP STATEMENT OF FUND EQUITY FOR TIE TWELVE MONTHS ENDING SEPTEMBER 30» 1989 Y-T-D BEGINNING FUND EQUITY/(ACCUM. LOSSES) PROFIT/(LOSS) FOR THE PERIOD ENDING FUND EQUITY/(ACCUM, LOSSES) 38,351,98 -1,824,53 36,527,45 -SEE ACCOUNTANT'S COMPILATION REPORT- BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP STATEMENT OF CASH FLOW FOR THE TWELVE MONTHS ENDING SEPTEMBER 30, 1989 FLOW FROM OPERATING ACTIVITIES Fxp«nses over Receipts Increase in FICA Tax Increase in Federal Withholding Tax Increase in State Withholding Tax Increase in Unemployment Tax Accrual -1,824.53 1,397.40 1,030•00 258.00 25.20 Net Increase in Cash FLOW FROM FINANCING ACTIVITIES 936.07 -0- FLOW FROM INVESTING ACTIVITIES -0- Beginning Cash - October 1, 1988 Represented By: Checking Money Market-Unrestricted Money Market-Restricted Manager's Fund Ending Cash - September 30, 1989 Represented By: Checking Money Market-Unrestricted Manager's Fund 1,171.50 7,408.88 30,000.00 299.36 9,863.50 29,830.05 122.26 38,879.74 39,815.81 sssssssssss 39,815.81 xsasssaasss -SEE ACCOUNTANT’S COMPILAl.ON REPORT- BQARD OF GOVERNORS BIG~ISLAND VETERANS CAMP NOTE A: Amhorisatifln- The BOARD OF GOVERNORS - BIG ISLAND VETERANS CAMP*was”created by action of the Minnesota Legislature. The authority is embodied in Chapter 152 of the Laws of Minnesota for 1985. The BOARD is not a state agency. The Department of Administration transferred the title of the property to the BOARD OF GOVERNORS on November 2» 1985. The Camp was not operated in 1986 and 1987 due to restrictions placed upon the facility by the City of Orono. The expenses represented in these statements include materials and machinery necessary to commence compliance with the governmental requirements. The Act further provides, "the transfer must include all equipment and nonstate funds currently under control of the Commissioner of Veterans Affairs and for use in connection with the Camp". Accordingly, the State transferred $29,400.93 to the BOARD OF GOVERNORS in 1986. NOTE Bs ISi—Status- The BOARD OF GOVERNORS - BIG ISLAND VETERANS CAMP was recognized by the Internal Revenue Service on November 27, 1985 as an "exempt" organization under Section 501 (c) 19 of the Internal Revenue Code. On May 21, 1986 the STATE OF MINNESOTA Department of Revenue recognized the organization as "exempt" under Minnesota Statutes, Section 290,05, Subdivision 1. NOTE C: MfiSbershlB- Tne BOARD OF GOVERNORS - BIG ISLAND VETERANS CAMP LAKE“mINNET0NKA supervises and manages the Camp. (The act states a nine member board, however, provision was only made to appoint eight members,1 Two members are appointed by the state level organi^ation of the American Legion, the Disabled American War Veterans, the Military Order of the Purple ;.i%rt and the Veterans of Foreign Wars provided that at least two appointees are Vietnam Veterans. NOTE Ds The By-laws adopted by the organization provide for a fiscal year commencing October 1st and ending September 30th each year. NOTE E: This report covers the Pperating Fund. The BOARD OF GOVERNORS is also in charge of land, buildings and equipment which was transferred on November 2, 1985. No representations of these items are included in this report. NOTE F: ^ ^ ^ Volunteers- Since title to the property was transferred from the”State7 many hours of volunteer labor have been provided to assist in the clean-up and repair of the grounds and buildings at the Camp. Records of these donated services are not available) howeveri they are reported as substantial by BOARD OF GOVERNORS members. NOTE G: Ac£ountlng_Changes_-_Statement_of_Cash_F^ows- Statement of Financial Accounting Standards No. 95 (SFAS No. 95) “Statement of Cash Flows" was issued in November 1987. The statement requires that a statement of cash flows be presented rather than a statement of changes in financial position when issuing a complete set of finanical statements for annual periods ending after July 15» 1988. As allowed by SFAS No. 95 the Corporation has elected not to restate prior years' financial statements• NOTE H: Withholding_Tax_Pftllngnencies- Federal Insurance Contributions and Federal withholding Taxes have not been remitted for the period Jane iry It to September 30) 1989. We have provided the proper ac.ruals of Employer Tax Expense and Employees Tax Withheld. We have applied for waiver on any penalties on this deficiency based upon the death of the former Treasurer. We do not have any information at this time as to the decision by the Internal Revenue Service concerning th s matter) nor have we calculated the interest due on the non-payments. As of report date) all deliquent taxes have been paid. L. 2 { O * -hOJ Ntnd I j>u>^vAT'C>N 7^- ,-c;?*A/ r \ “ 6^ -21/-o" . __\o-V‘«-uT 2o>c?aa^^ ^oSoA^o^iJ p.c> |i|lV2.*«c>’ -i—,________—1 --------------i. ’‘l r O \ - .. .. :.v': •.#1518 :A •6 -:vr -y •• • ' : NORTH MED TRHNiPORTHTION TEL Nj oi*; iiar t'P March 20, 1930 ^ North Medical Transportation Services i JOO Ojkditc North Robbinsddle. Mmrwvotn SS422 612/520 5357 Larry Sharpe c/o Big Island Veteran's Camp 1419 North Albert St. Paul, MN 35108 Dear Mr. Sharpej As per your request, I am enclosing a copy of the site survey completed by David Kamholz at your request for evaluation of landing sites on Big Island. The landinq site located on the southeast end of the Island vill be suitable for use as a primary pick up point for the Island and to be used as a secondary site for use by vater patrol. The landing site is suitable for either a North or South approach. Cast and West approach are Impeded by tall trees. A copy of this survey sill be kept on file vlth Air Care and additional copies vill be sent to Hennepin Sheriff's Water Patrol and Communications division. Following the removal of the two tree stumps, the LZ Will be operational. If there is anything X can do to assist you in the future, please do not hesitate to contact me. Yours truly, North AirCare In MN OJi'i CtxJtSuk'MN 1 800-328-7830 North Ambulance Rod Pieper Operations Manager North Medical Transportation RP/lks North MediVan bl2/biOS3S? i -t “TT- jL ^ ^ *..^c.''.Wi2MNl'rY CCPa-oitATICN / MAOItiO«>». WISCONSIN ftJ70V->X)00 a!icyKc.CP U193-01 ■'mc • • .<-1>» ws »«•'« UlM HimMtsaka ll-09-8Jb to 11-09-90 12:01 A.M. Slandafd Time at yca. i.uliir., *'** * ' iCoress snow.i £^ve. •• .=AY.V*£NT G." the PRC.VIUV, A*\0 subject to all the TESWS O? THiS P0‘JCY, V.E * _* •• •___A A e* iKt TLJiC DAI I^V • i l•l•:S% i^».tC«'.AiCA; Ceapfround •’•Ji ••'c?. VoVr: jvTiZ the insusance as stated in this tolicy.___________________________ ~“‘Jcr;:-!Sl‘-TS 3«^ THE FOi-uGWiHG COVERAGE PARTS FOR WK.CH A. PREMIUM IS INOiCATED. T,...; ^ U.’.' • * •■ -I iU5.:CT TD ADJUSTMENT. _ PREMIUM ! 1 Coi..r.;i.'c;ii P.'oparty Cvvefuga Pzr^ $-891.00 --------- P Ooi.'.rivrci.?; Ccneral Liability Covcraua Pdri $-840.00 Cort'.;r.a:ci^i Cnr.ift Coveraga Part $—n/e Corr.»r.,f.;ia: ;nianci Wariric Coveroje Part $—888.00 $__ TOTAL 0 ----------- i : !> i ^ 2021.00 af incs?;»on 7..niiu- d -L'j m l90(l)-X(ll-85); JDL CXC-L-l-JW; CIC-IM-l-MK; I^2).ir 8« 190-XCU-88); IL0017, CIC-F-l-MB; j ...«i OiViiti• . *—! ■ ' " •• -i £TCP.rscrrt2Mi .f t.v/wn ir sp>a‘Cin: CovCa’di;* ?art.'Cc‘/cr:.w P-.*n Dect.ir-lioos. AMricen Teally »rok*re«« Ccur.;i%r3if,.-IC:'M: U-30-89 lilt Auttwroeo 2cpr»i«nuli>< ^ I INSURED COPY •.■ ■ . .,..i A.^ . ... • .V.i. . . ■ ■ - *• •’ ......................................... BIG ISLAND VETERANS CAMPOnBeautiful Lake Minnetonka P.O. Box 598, Excelsior, Minnesota 55331 CAHPGROUND EMERGENCY PREPAREDNESS PLAN; FIRE: Indoor fires; 1. Use fire extinguisher to extinguish fire INNEDIATELYt Each building contains a saoke detector and a fire extinguisher displayed in a proainent place. 2. Use blanket to extinguish any fire on persons. 3. Get water frow fire station, hose bib. or lake aa needed. Outdoor fires: 1. Use blankets, shovel or water buckets froa fire station aa needed to quench fire. 2. Ring alara triangle to alert other caapers and call for help. MEDICAL EMERGENCY: 1. Adainister first aid appropriate to type of injury. Instructions are in first aid kit located In tollet/shower building. 2. Depending on seriousness of injury or Illness, the patient nay be taken by boat to a doctor or anbulance on shore or dial 911 and ask Hennepin County Water Patrol for a paranedic and energency evacuation or call 911 for helicopter anbulance. North Neaorial Hospital or Abbot Northwestern Hosplt-sl. POLICE ENERGENCY. 1. 2. If life or health is In danger, call Hennepin County Water Patrol by dialing 911. For vandalIsa, trespassing or ninor security problens contact the canp nanager who will contact the authorities if needed. i!wen MEETM6 MAY 141990 CITY OF 1 .. fi^eucA^is ... c.TT'^^^ _/4 _ f/2^pDs:^ Tlrt^. Z-^"A 4V h lt 7 ______ ” •' i.-. • * : -* " •■: tTf:-____:-. ^ - -T*-- *.'» —«»■» j«--*«*—»»•.» . . - .. . -• > r..i . ..:i.-V^vi.i: — - a^-« T'. .*'■•- ■ ■ ' *.t- ■-•■i _ - ^ r^^-s.-.T^xirrjr-y, r^•^ -■ V- ■yrg^'.i ^-f*Vfc-'-‘. gJ..'. x*'~- A/4 rot Mayor Grabek 6 Orono Council Members City Administrator Bernhardson rroBS Jeanne A. Mabusth, Building & Zoning Administrator Date: May 10, 1990 Subjects #1428 Otten Brothers Nursery, 2350 Wayzata Blve - Vacation of Pine Ridge Lane - Resolution At the request of applicant's attorney, the vacation of Pine Ridge Lane was postponed until a later meeting because of certain title difficulties created with the registered or torrens property. City staff has prepared the appropriate resolution requesting the vacation of a portion of Pine Ridge Lane as specified in tie original subdivision and PUD resolution. The resolution also releases all Interest of the City in the temporary road and utility easement taken over the cul-de-sac area. The enclosed resolution is presented for Council's action. A RBSOLIITIOM VACATING A FL0NA6B ft CONSERVATION BASEMENT ft WAIVER or DAMAGES WITHIN OUTLOT A, RINGBRSWOOD SECTION 34, TOWNSHIP 118, RANGE 23 CITY OP ORONO HENNEPIN COONTT, MINNESOTA FILE NO. 1428 WHEREAS, the City of Orono is a 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 release and termination of any rights it may have in Outlot A, Ringerswood resulting from or created by that certain Flowage ft Conservation Easement and waiver of damages dated April 2, 1982, and filed December 8, 1982 as Document #1492901. WHEREAS, after due published and posted notice, a public hearing was held before the Planning Commission on October 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 petition and the Council of the City of Orono finds that said request as proposed is in keeping with the public interest, in consideration of the following findings: 1. The proposed petition is part of a comprehensive replatting of Outlot A, Lots 1 and 2, Block 3, Ringerswood. The subdivision of a replat of the 3 properties will provide drainage easements and appropriate conservation and flowage easements as required by the subdivision regulations of the City of Orono. 2. The portion of the conservation and flowage easement as it exists in the replat of Outlot A serves no public purpose. Replattlng of Outlot A, Ringerswood will provide drainage easements over drainageways and detention ponds as required by the subdivision regulations of the City of Orono. Page 1 of 2 NOW, THBREPORB BB IT RBSOLVBD, that the petition of Cliff Otten of Otten Brothers Nursery is hereby granted by the Council of the City of Orono and that the conservation and flowage easement as described above is hereby released and terminated. Adopted by the City Council of the City of Orono at a regular meeting held on this 23rd day of April, 1990. ADOPTED BY; James R. Grabek, Mayor ATTESTED BY; Dorothy M. Hallin, City Cleric STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990, by James R. Grabek & 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 2 of 2 A RBSOLOTIOM VACATING PORTIONS OF PINE RIDGE LANE NITHIN THE PLAT OF RIN6ERSN00D SECTION 34 r TOWNSHIP 118, RANGE 23 CITY OP ORONO HENNEPIN COUNTY, MINNESOTA PILE NO. 1428 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Mivnesota; 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 Pine Ridge l-a^e, originally dedicated within the plat of Ringerswood, said portions to be vacated being legally described as follows; That part of Pine Ridge Lane as dedicated on the plat of Ringerswood according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of the northwesterly line of said Lot 2, Block 3, Ringerswood and its northeasterly extension. WHEREAS, after due published and posted 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 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 consistent with the principals and goals set forth by the City in its recent Comprehensive Plan amendment (referred to as Comprehensive Plan Amendment #2, October 1, 1987). 2. The portion of Pine Ridge Lane to be vacated no longer serves any public purpose. Page 1 of 2 NOW, THEREFORE BE IT RESOLVED, that the petition of Cliff Otten of Otten Brothers Nursery is hereby granted by the Council of the City of Orono and that portion of Pine Ridge Lane legally described above is hereby vacated and in addition the City releases and terminates any rights it may have in Lot 2, Block 3, Ringerswood resulting from or created by that certain road and utility easement filed as Document #1492902. Adopted by the City Council of the City of Orono at a regular meeting held on this 14th day of May, 1990. ADOPTED BY: ATTESTED BY: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of May, 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 2 of 2 5790.4 1^6 TO: FROM: DATE: Mayor and City Council COUNCIL MEETING Mark E. Bernhardson, City Admin is May 7, 1990 CITY OF ORONO SUBJECT: Otten Brothers Negotiation Results Attachment;A. Otten/Walvatne Agreement B. Gates Letter Dated 5/3/90 C. City of Orono Letter Dated 5/4/90 ISSUE - Presentation to Council of information regarding the conclusion of negotiations between Mr. Otten and Mr. Walvatne. INTRODUCTION - At the Council's last meeting they conditionally approved the Otten Planned Unit Development with Mr. Otten working with Mr. Walvatne to resolve any differences they may have. Attachment A represents the conclusion of terms between Mr. Walvatne and Mr. Otten. The first item relates to the initial grading that was done in one small area of the property he will be receiving from Mr. Otten. '^he requirement Mr. Walvatne has requested from Mr. Otten is only conformace to the plans that City has on file. In addition Mr. Walvatne has looked at the issue of possibly having this property^ which is within the MUSA line, sewered. The expense of this is rather high but that if he is permitted by the City to do this and chooses to go ahead Mr. Otten has agreed to pay up to $5,000 to assist in that. (This would provide sewer service to the residential piece of property that Mr. Otten also owns on the north side of the Outlot.) That was finally resolved as noted as of Friday, May 4, 1990 and Mr. Otten was issued a building permit on Tuesday, May 8, 1990. Attachment B and C represent letters between the City and Mr. Walvatne's attorney, Mr. Gates. This is provided as information only cc; Cliff Otten ^ Jeanne A. Mabusth, Building & Zoning Administrator L..„ # I ■OVER B5 YEAJIS OF QUALITY SERVICE- AGR£EM|MT OF INTENT BETWEEN LAND OWNERS OP^EAST WILLOW WOODS DEVELOPMENT Nay 3, 1990 i 1. I, Clifford L« Ott«n» will axtond thA grade to the eouth on that part of land that I traded to Joel 0. Walvatne such that the slope will be mostly on out-lot C. 2f It Clifford L. Ottent agree to participate in the cost of sewer and water from Highway 12 to the south line of Joel 0. Valvatne*B property up to $5,000.00 (Five Thousand Dollars and No Cents). : Joel Q. Walvatne 2265 W. WAYZATA BLVD. • P.O. BOX 249 • LONG LAKE. MN 65356 • (612) 473-5425 I i3 5 •' 0 3 1?d 19*2? r « 3 ;i B j " n » w :i« ^ w > 5 r i. a i f (6 Marlin R. Kunard Carry D. Barnett Richard H. Kakeldey William S. Partridge Wcdter J. Cam, III R. Michael Refon retired REGAN, KUNARD, BARNETT & KAKELDEY, LTD. Au-jnt*i ct L*w 226 North Broad Utreet P.O. Box 3008 Mankatn, MN 56002-5008 May 3r 1990 Ms. Jeanne A. Mabusth City of Orono Fax No. 1-612-473-0510 IN RE: OTTEN PUD Telephone (507) 545-7722 MapUton Office 524-5812 Fax 545-4644 Dear Ms. Mabusth: This letter follows our telephone conversation on May 1, 1990. During our conversation, I inquired concerning the following items with regard to the Gates’/Walvatnes' residential real property: a. Sewer line from Highway 12; b. Water line from City of Orono well site- c. Assessments against Lot 1, Block 2, East Willow Woods for proposed roadway in Outlot C; d. Berm height and location; e. Tree planting along southwest portion of Lot 2, Block 2; f. Estimate of $12,000.00 to $17,000.00 for sewer line from Highway 12 to Lot 1, Block 2, south boundary. Would you please provide me with an explanation regarding the City of Orono's rights and responsibilities, the developer's rights and responsibilities, and the Gates/Walvatne, as landowners, rights and responsibilities concerning the above items. If you have any questions, please advise. Thank you. Sincerely, waller J. Gates, III WJG:wes pc; Mr. Walter Gates Mr. Joel Walvatne CITY OF QROMa (£ CITY of ORONO Post Office Box 66*Cry8Ul Bey. Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka May 4, 1990 Walter J. Gates, III Regan, Kunard, Barnett & Kakeldey, LTD. 226 North Broad Street P.O. Box 3008 Mankato, MN 56002-3008 Re; Otten PUD Dear Mr. Gates: In response to your letter of May 3, 1990, the City has the following comments concerning the 6 issues raised in your letter: Response to Items A, B and F. The City Engineer has estimated the sewer line extension to be at a cost ranging from $17,000-23,500. Staff has been advised that if the project is undertaken by a private party, the cost would be at the low end near the $17,000 estimate. If the City was to initiate a public improvement project, the cost would be based on the high estimate of $23,500. The water line extension has been estimated at $23,365 by the City Engineer. You may desire to have a contractor give you an estimate for construction based on City design requirements vticn may be less. You should be aware that in addition to the extension costs, the sewer and water unit assessment is estimated at approximately $5,500. Response to Item C - As previously noted to you via our phone conversation. Lot 1, Block 2, East Willow Woods would not be assessed for the construction of a roadway within Outlot C as long as the use remained a single family residential use under the current rural residential zoning - RR-IB, and' access to the site is from Dickey Lake Drive. Response to Items D & E - The City has approved a final grading and drainage plan (plans drawn by McCombs Frank Roos Associates Inc. dated 10/4/89 revised 10/16/89, entitled Grading, Drainage and Erosion Constrol East Willow Woods). Berms range up to 5 1/2' high within Outlot A and southern portions of Lot 1, Block 2, East Willow Woods. The developer must meet all specifications and proposed elevations shown on the grading and drainage plans. A final inspection has not been made as of this date and will not be made until final grading stage. Any additional grading outside of those shown on the approved plans will not be required by the City. If your client seeks any modifications or amendments to the final approved plans, they must be made directly with the applicant. Cliff Otten. BUILOIMG a ZONING - 473-7357 ASSESSING ADMINISTRATION A RNANCE - 473-7358 FAX-4734)510 PUBUC WORKS - 473-7359 £ Walter J. Gates, III Re: Otten PUD May 4, 1990 Page 2 of 2 Landscaping has been approved based on plans submitted by McCombs Frank Roos and Associates dated 6/23/89. It shows spruce trees 6' in height (total of 71) to be planted approximately 12 apart in a staggered placement where there is adequate space. Any requests on the part of your client to ask for a change of that plan must be made directly with the applicant, Clifford Otten. The above referenced plans are on file and available for public review at any time. Sections of these plans may be copied for your client if he wishes copies. Please contact my office if the above responses have not totally addressed the concerns raised in your May 3rd letter. Sincerely, i^6U)/UL reanne A. Mabusth, '^Building & Zoning Administrator JAM/tln Joef^Sa?vatnr'2f?^ We^: Llke.of^he Isles Blvd, Mpls 55405 Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director 345-4656-, Fax - Regan, Kunard, Barnett & Kakeldey, LTD H ^ «tf r«6 Af/iy 14 iggQ ^ OF KOHo !1 Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Date: Jeanne A. Mabusth, Building & Zoning Administrator May 8, 1990 Subject:#1411 Sussex Square Development, 3020 Fox Street - Road Name Approval At the April 23rd meeting of the Council, members voted to approve the third choice name for the developer. Laurel, for the Fox Bend plat. The developer has asked Council to reconsider the road name of Sussex. Staff finds no conflict with existing road ncunes within the City, nor in surrounding communities. Staff recommends approval of Sussex Road, Sussex Circle, and Sussex Lane for the Fox Bend plat. Proposed Motion: Moved by _ _, seconded by _ _, to approve the name Sussex as a road name for the Fox Bend plat. Ayes _ _, nays Bonestroo Rosene Anderlik & Associates Engineers & Architects Otio G Boncwoa PE dotim W Biwene PE JOKtP’ C Anderti*. PE ftcr jiO E Turriff PE J»r<n C Ohon PE G(fon B CoenL PE thom4i E iVhJyfv PE RoCffT G Scrmrjcrt PE M,irvin L SOfvM PE KMti A OoKton. PE Ricn«d W FoiUf PE DonM C BufqoOI. PE Jerry A BoofSoo PE Mjr» A Hanjon. PE TW K Freni PE Micnjef T Bilusnvinr PE teCfTT R PWtffif. P£ OjvkJ O LOHlOM PE Tfxjmai VAC fretenon PE M<ftBfi C Lynch. PE J*me% B *AMna PE Kfonfch P Andenon. PE Mjrti B totfv PE Pocfft C Busie*. AIA Thomaj E Anguv PE How«d A S«riAxd PE Oiraw j Edgcmxi. PE •VU<k A Sfip PE PhAp J Catwf*. PE Mark O VAVkv PE f ( Thomas B Andmon. A l A Gary F RyswxKr PE Mitfs a Jffisfn. PE L Ph<Bo Gravfl m. PE Charles A EtKkson Leo M PaMftsky Hartan M Oson Susan M Ebffsn C PA April 20, 1990 COUNCIL MEI MAY14IS90 ClITOFOIIOteijjj^ City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr John Gerhardson Re: Water Well Pay Requests Orono, MN File No. 13948 & 13949 Dear Mr. Gerhardson: Attached are four pay requests for Orono Well Number 3, 16 inch production well and four pay requests for the water well test drilling project. Please take action necessary to pay the contractor the amount due. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daryl Rirschenman DK:lp End. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 REQUEST FOR PAYMENT DATE:April 19. 1990 PLACE:Orono, Minnesota PROJECT: Water Well Test Drilling PROJECT MO.:FILE NO.: 13948 CONTRACTOR:Keys Well Drilling Company ADDRESS: 413 N Lexington Pkvy FOR PERIOD: From;Jan. 6. 1990 To;Apr. 9. 1990 SPECIFIED CONTRACT COMPLETION DATE: January 1. 1990 St. Paul. MN 55104 REQUEST FOR PAYMENT NO.:, SUMMARY: 1. Original Contract Amount Change Order - ADDITION Change Order - DEDUCTION Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5 I Sub-Total 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 650.00 Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 62.590.00 63.240.00 33,427.50 0.00 33.427.50 1.671.38 31.756.12 21.496.12 10.260.00 Recommended for Approval by: BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. OWNER APPROVAL: By_ _ _ _ _ _ _ By_ _ _ _ _ _ _ Date:Approved By: KEYS WELL DRILLING CO. Contractor PR13948 PRO-TECTi Water Well Test Drilling PAYMENT NO.:3PT.ACEt Orono. Minnesota FILE NO.:139A8 rnMTRArTORtKevs Well Drilling Cotnoanv DATE:April 19. 1990 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Ouantity To Date To Date Item 1 Mobilization, transport equipt. & mat'l to project area, set up equipt. at primary well site (Ltd. to lOZ of Total Base Bid):L.S.$A,000.00 L S lOOZ $4,000.00 Item 2 Mobilization & demobilization to each add'l well site,Each 500.00 3 1 500.00 Item 3 Drill A inch test holes, collect samples & analyze L.F.10.00 720 A75 4,750.00 Item A Ream A inch test hole to set A inch casing to Prairie-du-Chien L.F.2.00 2A5 309 618.00 Item 5 Ream A Inch test hole & set 8 inch casing into St. Lawrence L.F.5.00 500 Item 6 Drill 8 inch test hole into Mt. Simon L.F.12.00 500 Item 7 Set A inch casing inside 8 inch casing & open hole L.F.6.00 825 309 1,854.00 Item 8 Drill A" hole through Mt. Simon L.F.10.00 175 Item 9 Drill open hole of sufficient size to set 6 inch production well casing L.F.20,00 210 220 4,400.00 Item 10 Place 6" casing in production well L.F.11.00 200 213 2,343.00 PR13948 Page 1 PROJECTj Water Well Test Drilling PLACEI Orono. Minnesota_ _ _ _ _ CONTRACTOR:Kevs Well Drilling Company PAYMENT NO.* FILE NO.*_ DATE: 13948 April 19. 1990 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date Item 11 Place 6 Inch stainless steel screen in production veil L.F.120.00 10 10 1,200.00 Item 12 Place neat cement grout between casings and open holes C.Y.200.00 46 1 200.00 Item 13 Develop 6 inch well screen Hrs.110.00 15 7.5 825.00 Item 14 Install test pump in production well L.S.800.00 L S lOOZ 800.00 Item 15 Install test pump in Prairle-du-Chien/ Jordan test well, collect & analyze water sample L.S.900.00 L S Item 16 Install test pump in Mt. Simon test veil, collect & analyze water sample L.S.1,000.00 L S Item 17 Test pumping of production well Hrs.75.00 30 6.5 487.50 Item 18 Furnish 6 install pitless adapter tank; bowl assembly with submersible motor; column check k bleeder valves; concrete pad; electrical controls; 6 electrical work L.S.10,000.00 L S 1 10,000.00 Item 19 Furnish & install 2" column pipe and electric cable L.F.5.00 160 160 800.00 TOTAL BASE BID COMPLETED PR13948 Page 2 $32,777.50 PROJECTt Water Well Test DrillingPLACE:_ _ _Orono. Minnesota_ _ _ _ _roNTRACTORtKevs Well Drilling Company PAYMENT NO.:FILE NO.:_DATE:13948April 19. 1990 STATEMENT OF WORK Contract Item Unit Unit Est'd Quantity Amount Price Quantity To Date To Date CHANGE ORDER NO. 1 - WATER SAMPLING Gross Alpha/Beta test Reinstall test pump for sampling TOTAL CHANGE ORDER NO. 1 - ADD L.S. L.S, $150.00 500.00 $150.00 500.00 $650.00 TOTAL BASE BID TOTAL CHANGE ORDER NO. 1 - ADD $32,777.50 650.00 TOTAL WORK COMPLETED TO DATE $33,427.50 PROJECT PAYMENT STATUS CITYt Orono, Minnesota PROJECT: Vater Veil Test Drilling FILE NO.: 13948 CONTRACTOR: Keys Veil Drilling Company ORIGINAL CONTRACT AMOUNT $62,590.00 TOTAL CHANGE ORDERS $650.00 REVISED CONTRACT AMOUNT $63,240.00 DATE NO. 1-22-90 1 Vater sampling 2 3 CHANGE ORDER DESCRIPTION AMOUNT $650.00 TOTAL CHANGE ORDERS - ADD $650.00 PROJECT PAYMENT SUMMARY: PAYMENT NO. PERIOD FROM PAYMENT THIS VOUCHER VALUE COMPLETED RETAINAGE Start 11-27-89 11-27-89 1-6-90 1-6-90 4-9-90 $20,688.62 807.50 10.260.00 $21,777.50 22.627.50 33.427.50 $1,088.88 1.131.38 1.671.38 TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO, TOTAL VALUE COMPLETED $31,756.12 1.671.38 $33,427.50 PR13948 REQUEST FOR PAYMENT n DATE:Anril 19. 1990 PLACE:Orono. Minnesota PROJECT:Municipal Well No. 3 16" Production Well PROJECT NO1.:FILE NO.: 13949 roNTPAOTORj Kevs Well Drillina Company ADDRESS t 413 North Lexlneton Parkway St. Paul. MN 55104 REQUEST FOR PAYMENT NO.:1 FOR P From: -i I i. Start 30. 1990 SPECIFIEM^Npyj^gg COMPUE^ON DATE; june^^ QP<QBOjyo SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Eaimed 8. Less Retalnage 5 I Sub-Total9. 10. 11. Less Amount Paid Previously AMOUNT DUE THIS REQUF®*" FOR PAYMENT NO.:. 70.155.00 70.155.00 13.850.00 8.736.00 22.586.00 1.129.30 21.456.70 0.00 21.456.70 Recommended for Approval by- BONESTROO. ROSENE. ANDERLIK 6 ASSOCIATES. INC. By:_____Dciy^JuP OWNER APPROVAL: By_ _ _ _ _ _ By. Date:KEYS WELL DRILLING COMPANY PR13949 George H. Keys, PROJECTt Municipal Well Wo. 3 16' Production VeilPLACE I_ _ _Orono. Minnesota_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONTRACTORt Revs Veil Drilling Company_ _ _ _ _ _ _ _ _ PAYMENT NO.:.FILE NO.I_ _ DATE: 139A9 STATEMENT OF WORK Contract Item Unit Unit Price Est'd Quantity Quantity To Date Amount To Date L.F. BASE BID 11-16 INCH PRODUCTION WELL Item 1 Mobilization, transporting of materials & equipment & setting up same for construction of 16" production well Item 2 Drill open hole into top of Limestone to set 16” production well casing Item 3 Place 16” casing in open hole Item 4 Place neat cement grout in annulas around 16* production well casing Item 5 Drill 16” open hole through the Limestone and Jordan Item 6 D3rnamite for blasting incl. labor for shooting, caps 6 wire Item 7 Bail Item 8 Furnish, install 6 remove air compression equipt. for air surging of the well L.S. L.S. $6,000.00 L.F. C.Y. L.F. Lbs. C.Y. Item 9 Air surging of the well Hrs. Item 10 Furnish, install, & remove test pump for capacity test of well L:S. PR13949 35.00 32.00 200.00 25.00 2.00 40.00 1,000.00 100.00 2,500.00 Page 1 L S 160 300 400 L S L S O.S $3,000.00 310 10,850.00 * PROJECTt Municipal Well No. 3 16" Production Well PLACE:_ _ _ _Orono. Minnesota_ _ _ CONTRACTORi Keys Well Drilling Company_ _ _ _ _ _ _ _ _ PAYMENT NO.*_ _ _ _1 FILE NO.*_ _ _ DATE* 13949 STATEMENT OF WORK Contract Iten Unit Unit Est'd Quantity Amount Price Quantity To Date To Date Item 11 Test pumping Hrs. 90.00 100 Item 12 Televise completed well L.S. 950.00 L S Item 13 Sterilization of well upon completion, cleanup 6 weld cap on 16” casing L.S. 1,000.00 L S TOTAL BASE J II - 16” PRODUCTION WELL $13,850.00 STORED MATERIALS 16” Well Casing (Invoice Attached)L.F.$28.00 $8,736.00 TOTAL STORED MATERIALS $8,736.00 PR13949 Page 2 PROJECT PAYMENT STATUS CITYi PROJECTI FILE HO.t CONTRACTOR: Orono, Minnesota Municipal Veil No. 3 - 16" Production Veil 139A9 Keys Veil Drilling Company i ORIGINAL CONTRACT AMOUNT $70,155.00 TOTAL CHANGE ORDERS $0.00 DATE NO, 1 2 3 CHANGE ORDER DESCRIPTION TOTAL CHANGE ORDERS - ADD PROJECT PAYMENT SUMMARY: PAYMENT PERIOD NO. FROM TO PAYMENT THIS VOUCHER Start 3-30-90 $21,456.70 TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO, STORED MATERIALS TOTAL VALUE COMPLETED $21,456.70 1,129.30 -8.736.00 $13,850.00 PR13949 REVISED CONTRACT AMOUNT $70,155.00 AMOUNT $0.00 VALUE COMPLETED RETAINAGE $13,850.00 $1,129.30 5190.3 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: May 1, 1990 SUBJECT: Planning Commission Interviews OUNCiL MEETiNC MAY 141990 CITY OF ORCNO Attachment;A. Planning Commission Appointments Memo Dated 4/6/90 B. Letters From Applicants; Candace Rowlette Rollie Martin Ralph Bagley Randy Weestrand ISSUE - 1. Interview persons for Planning Commission. 2. Selection of person, INTRODUCTION - At the Council's April 9, 1990 Council meeting Council revested that additional persons be solicited for Planning Commission. As a response staff placed additional ads in the newspaper to determine if there were persons interested particularly those who were lakeshore residents. DISCUSSION - In addition to the two individuals Jeff Johnson, who is currently an incumbent on the Planning Commission and who may soon become a lakeshore owner together with Steve Johnston, who had applied last year for a position, the City has received the following as applicants; Candace E. Rowlette (Unable to attend 5/14 because of previous commitment) Rollie M. Martin Ralph C. Bagley Randy Weestrand As you will recall you will be appointing two persons from the 6 interested of which Jeff Johnson is an incumbent. In addition the Planning Commission has not had the Planning commission Chair and Vice Chair officially appointed effective 1 April, 1990 so they request the following persons be appointed; Chair - Charles Kelley Vice Chair - Maureen Bellows ALTERNATIVES - 1. Interview the candidates. 'I .3 2. Determine if other candidates should be solicited. 3. Appoint two Planning Commissioners. 4 -1 4. Appoint a Chair and Vice Chair. RECOMMENDATION - It is recommended that following interviews that the Council table the selection of additional Planning Commission members until its May 29th Council meeting, at which time it might have the chance to interview those not able to attend this Council meeting, but that it select _ _ and _ _ as the Chair and Vice Chair for the Planning Commission for 1 April, 1990 to 31 March, 1991. PROPOSED MOTION - Moved by _, seconded by , the Council table the selection of additional Planning Commission members until the May 29, 1990 Council meeting. Council appoints _ _ and _ and Chair and Vice Chair of the Planning Commission for 1 April, 1990 to 31 March, 1991. Ayes _, Nays _. To; Mayor and Council From; Mark Bernhardson, City Administrator Date; April 6, 1990 Subj; Planning Commission Appointments 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, u . . 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 for further consideration 4. Direct staff to solicate further applicants. 21 March, 1990 If .1)II mar 2 5 1990 900 North Shore Drive West Mound, MN 55364 Ms. Dorothy M. Hallin City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallin, Please accept my application for Planning Commissioner. As I have stated on two previous occasions, I have the educational background, experience and desire to serve on the City of Orono's Planning Commission. I have a degree in Civil Engineering from the University of Minnesota. My course 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 County Department of Transportation, Minnesota Department of Natural Resourcf^s, Watershed Boards and various lake Homeowners Associations. (Maple Grove has eight lakes). For the past four years, I have been on the other aide 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 ^heir approval. These projects have been in over communities, each with their individual zoning and subdivision ordinances. I would bring this diverse and related background 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. •Tiank you for considering me for the Planning Commission opening. Sincerely, St^hen M. Johnston International Tours^ of Long Lake Long Lake Town Center • 1865 VJ. Wayzata Blvd. • P O. Box (612) 476-1714 Lke. MN 55356 ^Pfl i 8 ^990 April 16, 1990 Mayor James Grabek and Orono City Council P. 0. Box 66 Crystal Bay MN 55323 Dear Mayor Grabek and Council; After reading the article in the Pioneer, I would like to nominate myself for the position on the Orono Planning Commission. I have resided in Orono for 16 years. My husband and I live at 3775 Bayside Rd, on Stubbs Bay. I have always been interested in a planning commission position, but have been very busy starting a new business and as the President of the Long Lake Chamber of Commerce for the past two years. I now have passed on the torch with the Chamber and have more time in my schedule to get involved in another project and feel that as a lakeshore property owner I could be an asset to the commission. I look forward to your answer. Thank You Sincerely ^- - Candace E. Rowlette International Tours traveling? we ’re a April 18, 1990 ^Martin an Of ORCNO CITY OF ORONO ATTN: Ms Jeanne Mabusth ~ Building & Zoning Administrator PO BOX 66 CRYSTAL BAY MN 55323 'm l» «» Dear Ms. Mabusth, I spoke with Mike Gaffron this morning regarding a project involving my home. He informed me that the city was looking for planning commission members who might own property on the lake. I expressed an interest in pursuing this, so Mike indicated that I should write to you to express that interest. My address is 2675 Shadywood Road, which is on Carmen's Bay in the Pheasant Lawn area. I met Mike about 3 1/2 years ago when working on another project, involving my home, where I needed to obtain a variance for some work being done. I do not really have a resume per se to forward with my letter, as your newsletter suggested; so I thought I would take just a second to tell you what I do for a living, etc. I own a company based in Minneapolis called Martin Financial Services, Inc. We are in the business of insurance, investments, corporate fringe benefit planning, and retirement plans administration. I have been operating that business for approximately 23 years, 20 of those years have been in Minneapolis. I have lived on Lake Minnetonka since 1986, howevere, I actually purchased the home in late 1985. I am an active boater, fisherman, swimmer, etc. and spend a great deal of the time on the lake in lake related activities. I have also, having done some minor remodeling to my home, experienced the planning commission and council process relating to those types of projects. I believe I have an appreciation for that process. I would like you to consider my name, among the others I am sure you will recieve, for appointment to the planning commission. I understand from Mike that he would expect a commission member to spend somewhere around 8-10 hours per month during Spring and Summer and maybe half of that time in the Winter; fulfilling duties. I would certainly be prepared for that level of activity. I will be out of town from April 23rd through May 6th. Please call me before or after if I may provide you with any additional information. Very Sincerely, Rollie M. Martin President cc: Dorothy Hallin Martin Financial Services. Inc. 5775 Wayzata Boulevard. Suite 955 Minneapolis. Minnesota 55416 Telephone 544*5150 ■ *■' ••■■/ '• v: .. V- . Jiv -•CA-' vv ..1 c3P^«ivA wo BAGLEY GRAIN CO. P. 0. Box 15132 654 Grain Exchange Bldg. Minneapolis. MN 55415 Phone (612) 339-9®46 f 77/ Statiori I ■;i vX4i'?'V- < nJnpM /22 aLj£:£2^A__________ ftPR 2 4 1996^ /77a:^cf7>^ /^^fTh^od/aceOt,______:---------------- / /T^a ^//OS' _____________x) /xAio ^ /^><r7<o ............................................. 1 —_— kr^s ’S'ci^ikkL.\A .’»«>• ■•. ■*_■' •■..• *'V •• ■. .V’^ ■- :• A\ v.*:..■'O... ;." -:y.v ^ ... ..»>■;,.*.v. ■: V73 627Z A^_ .7?^ <7111 f *^zz Z:. ......................- . - . Vi'-.-z .. .V z ■•■■■• J D { / i f ^- — "' ■ 1 -^-.;■.^^..:.^^■.v.;..r....■^.-.,^-•n^•«wM•-.■.-,.r- RANDY WEESTRAMD 525 Orchard Park Road Long Lake, MN 55356 2 1990 TO: Dorothy Hallin, Orono City Clerk RE: Orono Planning Commission Vacancy FAMILY: Married 17 years to Susan, 3 sons in Orono Schools, 1 son at Northerii State University. EDUCATION: 1973 Orono High School Diploma 1978 University of Minnesota, Bachelor of Science, Business COMMITTEE EXPERIENCE; I have created and chaired numerous condominium homeowner association boards, have served on and chaired numerous church committees, and I am currently an elected member of the Board of Directors of Quality Homes. Tnc. and of Hartford Construction, Inc. EMPLOYMENT: 1978 - 1988 Executive Vice President of Quality Homes, Inc. I coordinated the development of commercial multi-family and institutional design/built projects. 1988 - Present President of Great West Homes, Inc. I office in my home and build 8 to 12 middle to upper bracket homes annually. LAKE MINNETONKA: I lived on Lake Minnetonka for 16 years, and kept a cabin cruiser on the lake for an additional 10 years. I can empathize with both lakeshore owners and users. GENERAL PHILOSOPHY: A planning commission is to interpret and enforce existing land use regulations. The Commissioner's decision must be directed by the regulations not by his or her personal opinions. S190.4 COUNCIL MEETING may 141990 CITY OF ORONO TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: May 1, 1990 SUBJECT: Park Commission Appointments Attachment: A. Park Commission Appointments Memo Dated 4/18/90 B. Letter of Interest ISSUE - Selection of an individual to fill a vacancy on the Park Commission. INTRODUCTION - At t ' . Council's April 23, 1990 Council meeting Council intervi'iv. i 'lierokee Use and Steve Gardiner for the position. Staff w ' informed after the meeting that Curtis LaVang withdrew. Repeated phone calls to the other applicant Marla Merideth received no response, we must assume there is not further interest on her part. On May 9, 1990 Susan Wilson, 2485 North Shore Drive submitted a letter of interest at the request of outgoing Park Commission member Ginny Sweatt. Attached are the letter of interest from Sherok'e Use, Steve Gardiner and Susan Wilson. ALTERNATIVES - 1. Select an individual for the position. 2. Table for further consideration. r 4690.6 // TO: Mark E. Bernhardsor , City Administrator FROM: John R. Gerhardson, Public Works Director DATE: April 18, 1990 SUBJECT: Park Commission Candidates 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 18, 1990 meeting. TO: Mayor and City Council FROM: Mark E. Bernhardson, City AdministratoW Forwarded for Council consideration. March 28.1990 Dear Orono Staff and Council. mar 3 0 1990 I would like to submit my name in nomination for the Park Commission opening. I feel this is a very important community iob that has neat potential to positively impact Orono for years to come. I would appreciate the opportunity to be a member of such a committee. For a number of years I have used Orono parks and spent time thinking about such things as equipment, usage and availability to the community. In the fml I wrote a letter to the Park Commissin sharing my concerns, suggestions and support. It has long been my intent to offer to lobby to assist the city in raising money for Park equipment, u that was needed. countless hours researching options, talking with school, city and park commission 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 Commission needs to continue its important job of being proactive in its planning process as it updates the Comprehensive Plan and attempts to broaden its finanrial 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 having had a child die in 1981,1 took this positive while working with many kinds of people is a valuable asset I would like to share. In addition, as a consultant to businesses in the area of team-building and rnmmiinira tinnfl I feel I would be able to Contribute those skills and a team attitude in working with the dty staff and coimcil. I have included my resume. Please consider me for this Park Commission opening. Sincerely, Sherokee Use 3630 Eileen St Orono. MN 55359 r 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 Universihy Hospital University of Minnesota School of 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. THEANGIUSH OF LOSS. December 1988 (Publication date: February 1989) Finalist for the 1989 National Publishers Marketing Association's Ben Franklin award EMPTY ARMS: Coping with Miscarriage, Stillbirth and Infant Death (over 75,000 copies in print) 1985 rev., 1982 MISCARRIAGE: A Shattered Dream, co-author. 1985 ADDITIONAL PUBLICATIONS: 1989 - Ectopic Pregnancy: An epidemic on the rise - Presenting Unexpected Outcomes: A Childbirth Educator's Guide 1988 -"Development of a comprehensive follow-up care plan after perinatal and rgonatal loss". The Journal of Perinatal and Neonatal Nursing, Oc;r: ^ 1988 1987 -The Baby and No Baby", International Journal of Childbirth Educatioi;.. /ember 1987 1986 -"Perinatal and Infant Bereavement". National Funeral Directors Association 1985 - Grieving Grandparents ...after miscarriage, stillbirth or infant death -The Emotional Aspects of Repeated Miscarriage". Perspectives on Infertility 1984 - Sibling Grief ... after miscarriage, stillbirth, or infant death - Planning a Precious Goodbye ... -What Next?... - What Family and Friends 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. RESUME Steve Gardiner 3770 Bayside Road Orono, MN 5S3S6 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. ... ‘.I .■ -Zt' V - May 8. 1990 OTYOf OHC.VO )fn [ilSllQ^u Susan D. Wilson 2485 Northshore Drive Wayzata, Mn. 55391 MAY 9 1990 Dear Mayor Grabek and city council members, I am interested in serving on the Park Commission and understand from Ginny Sweatt that there is a vacancy due to her resignation. I have been a resident of Orono since 1967 and have lived in our Northshore drive home for nineteen years. During that time Steve and I have raised three children and have thoroughly enjoyed the services and yet space that Orono has provided for us. I am currently very involved with the environment and out of doors serving as Vice-Chairman of the Minnesota Chapter of the Nature Conservancy and also on the Board of Directors of the Minnesota Landscape Arboretum. I am an avid Bike Tourer and would particularly be Interested in helping with plans for a bike trail to connect Orono with the Luce Line and other contiguous communities. I have hiked most of the Hennepin County Parks, The Luce Line , and the Minneapolis Bike Trails. 1 hiked the Wheels and Spokes Lake Minnetonka Ride last spring and feel we have the most beautiful place to bike, if we can make it safe for both bikers and drivers. Certainly the home of Greg Lamond should have a wonderful bike trail system! I would like to submit my name as a candidate to fill Ginny Sweatt ’s vacancy on the Park Commission. Thank you for your consideration. Sincerely, Susan D. Wilson .54 .... • . •j,-'. ■ ■ . . ; ■ . 4; ..... : •: ;■ ■ u.':, •••• -Tjsrj-'- J' ■ t ■ ,-r . .-i-jzi. \ wVT V.-- V TO: Mark E. Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: May 2, 1990 Subject: Park Commission Chair Resignation Phil Bradley On May 1, 1990 Mr. Phil Bradley submitted his resignation as chair of the Orono Park Commission effective June 1, 1990. Phil wishes to continue as a Park Commission Member but due to business and personal commitments cannot devote the time necessary to continue as chair of the Park Commission. Recomnendatlon to accept the resignation of Phil Bradley as chair of the Park Commission effective June 1, 1990 and to direct the Park Commission to recommend to Council a replacement for Mr. Bradley at the first Council meeting in June 1990. It is further recommended that Mr. Bradley remain as as Park Commission member. Proposed Motion: _Moved, _2nd, to accept the resignation of Phil Bradley as chair of the Park Commission effective June 1, 1990 and to direct the Park Commission to recommend to Council a replacement for Mr. Bradley at the first meeting in June 1990. It is further proposed that Mr. Bradley remain as a Park Commission Memeber. PHILIP G. BRADLEY 4075 Oak Street Long Lake, Minnesota 55356 May 1, 1990 Mayor James R. Grabek City of Orono PO Box 66 Crystal Bay, MN 55323 Dear sir: Due to increasing business and personal time commitments, I must relinquish the posts of chairman and secretary of the Orono Park Commission no later than June 1st. I will be pleased to continue as a member of the Commission if you so desire. Sincerely, 14:4^3 IMt ^.llr UK UKUKiU bl4-4V4-V4bV 5190.5 TOi Orono City Council Members FROMi Mayor James Grabek DAtSt May 1, 1990 SODJBCT: Administrator’s Annual Relvew COUNCIL MEETING MAY 14 1990 CITY OF ORONO At the April 9, 1990 Council meeting I gave you an outline for the Administrator's review for 1990 and asked that you return those to me. If you have any coimnenta# questions or concerns with any of these laauesr pleaae feel free to contact me prior to the Council meeting on the 29th« I’d request that you return those to me this week* 5990.3 TO: Mark E. Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: May 10, 1990 SUBJECT: Drainage Problem - 3779 Casco Avenue COUNCIL MEETING MAY1419S0 CITY OF ORONO Mr. Dean Greimann, 3779 Casco Avenue has submitted a request for assistance of a drainage problem in his back yard at the above address. Mr. Greimann and I have discussed the matter on more than one occasion in the past few years and I have advised Mr. Greimann that he is responsible for the repairs to the underground pipe. Mr. Greimann is now requesting a feasibility study to determine the most feasible and cost effective way to correct the problem. Gle' n Cook, City Engineer, has stated that a very rough estimate for a feasibility study will cost $1,500. RECOMMENDATION - To review the information presented with comments from Mr. Griemann and to respond to any questions from Council and to table any further action until a later date. PROPOSED MOTION - Moved by _, seconded by _, to review the information presented with comments from Mr. Greimann and to respond to any questions from Council and to table any further action until a later date. Ayes _, Nays _. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval. r 573 I\ oioM ^ BPS rm DEAN GREIMANN 3779 CASCO AVENUE WAYZATA, MINN. 55391 k!Si.-4lhl9^3 1990 /r)R eE^t^har^soi ^ an /\DrY]irJKSTt^oR CiTi OF OROf\/o fif)R, S f^i\/ha/<j)3oa/: IT /MVE eEEt^ n PEsRERri -tap fDMQ oriT^a// OF the Ciry OF DPotlO FoP no FLY E iFARS R)T THE fleo^E AI3TEO /^ODPFSE. ET/P s 3>RERF//V& iO/TM EoH/P* rePHI\Rjx 5oa/ or/ 3-A9-90 He schfc P/tw-o /;//E to b\)PlTE thro PEiTB/P OF FO/^PL. HBPuE^-T FO/P sy rHE drr1 CouiVcii- /IIY -pEqvEeT 3CB FoP tHE OitY of CY^C/Jo To CcHEVQP r\ FEPi^ldlLlTi SlUrSY to UFJO/^tE Y\f/T> ^PFCVF. 77/E -Opfiir/H&E 3Y3TF/r\ CURHFaTlY VS^ -to C/SIFF^CT' J\tm tph /Y^P/^-t^Htby ?Y^ur/OFF FPm the c/ry ^tRbet 3 suRpourYJ^/Y4r rDY fi^oPEiRry. the ex /3t/a/C sCR/)iHf]6E Tile ip > b RoHe/v fl/ipo compLETiFLy S lycj <be > [HHb Pe zrr te ^uppof >fd to ofFp/T ToRRuY Utyre ml ePorEPfl. tHi3 s ^ochagf ..3 By ERE FRofioa/HXR/H6 -THC ELEXE aJ za/CH^Foi/Yi.fbVF ■RRiN Try tHe eummm of /7/z . ..1 -3-:. ...x: i^otJLCi L ike 77> vnfiKB: L/)/j/io^flPiA/^ _____ xmPROYEfllBKT^ ZLA/ t KE VfiKCi fiKE/) UffeKE THI<5 ^ KG'S I OK Mo GCuKKEO. ztr HftY^ SEKa/Toi^ 0 /] lME~scL]PE COKTKflcroK’ zlTbJouiCt OSElB3^ UA/riL T^E /\/ECEE3^Ky ^TKucTUKfiL zrmEKO^ErrsEK-ES PKE COPPPlETEE) jt /I yfiB E^Pii/\/ n £uD. ^oOK fWtksT j^/n/HELD/Ar£ Ette Kti Ca/ JZt HES LETTBK tOoULD EE V£Ki /nuoH PiPPKECIOTED sy rr)E, KE^PEc'rruLL'i YouKs ) „ '^TXf\vmwmK~ X:>EhN QPEtmKo/ 4 -zr-: TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato|l^^ DATE: May 1, 1990 5190/. 8 ^ COUNCIL MEETING MAY 141990 SUBJECT: 1990 Legislative Impact - Initial Report CITY OF ORONO ISSUE - Presentation to Council of initial information regarding major issues affecting the City from the 1990 Legislative Session. INTRODUCTION - The 1990 Legislature, which originally had a six week scheduled meeting time, took approximately 7 1/2 weeks, adjourning on April 25, 1990. DISUCSSION - The major items tl at received the most media attention during the session are as follows: 1990 TAX BILL A. Aid Reductions - The much talked about cuts to local government resulted in the State reducing each community by 1.53%. However, the deduction was to be taken out of 1990 State Aids and Homestead Credits when there are no longer any State Aids to be used. Orono had lost all its State Aids and all but $2,900 of its Homestead and Agricultural Credit. While it was slated to lose up to $25,000, Orono only lost the $2,900 it had left. Surrounding communities such as Long Lake lost $10,000, Spring Park $8,000, Mound $30,000, the City of Wayzata $25,000 and the City of Minnetonka $188,000. Crono was one of the few in the State that did not lose the full amount. B. Levy Limit Reduction - Additionally under the tax bill for 1991 there will be reduction in the levy limi*- of this amount for all cities including Orono, however, that is after a 3 1/2% increase so it is estimated that increase will be approximately 2% for next year and will probably be what the City bases its projected budgeting process on. C. 1991 Budget Process - With the new Truth in Taxation schedule for the budget year 1991 has initial budget and levy adopted by September 1, which is to be submitted to the County. The Cities will then liold public hearings on this proposal somewhere between November 20th and December 22nd. The Council has to adopt then the levy for the year no later than December 'P, 1990. D. Levy Limits - Th^se will remai. . etty much the same with the total removal levy limits which was originally slated for payable 1992 extended to 1993. E. The State put in several restriction for Tax Increment Financing (TIF) but as the City is not contemplating any TIF Districts this will not have an effect until such time as the City desires to undertake such. PAY EQUITY - COMPARABLE WORTH - The Legislature did make some substantive changes in this law and I will be attending a seminar at'the end of May to find out what impacts this may have on the City's pay plan, if any. A. Reporting - The City will be required to submit an additional report to the State with its results as of December 31, 1991. If the Department of Employee Relations at the State determines the City is not in compliance or has not filed a report there are certain penalty provisions that can take place. The City will be revxwving its comparable pay relationships during the next few months to see what, if any, adjustments will need to be made to accommodate that. B. Definition of Equitable Relationships - A definition of such was put into law. It indicates that female dominated jobs have to have a reasonable relationship to those thac are male dominated. To a degree a law that was supposed to be gender neutral has now turned into one that is gender specific concerned strictly with alleged gender based pay differences. There may however, be other existing laws that come into play that may dictate a gender neutral pay plan. C. Arbitrator’s Cons deration - In the initial law arbitrators were required to consider the results of pay equity plans in making t..eir awards. In the first year or two after the plan v^as enacted in 1984 this was amended to say that they can consider. The 1990 law amends that to say arbitrators must consider pay equity if it is an ’’unbalanced" class (typically police and firefighter areas) but that for balanced classes they do 'Ct need to take those into consideration. low j the seminar at the end of May I will update you on what 3S, if any, the City needs to take in this regard. .iifllCS LEGISLATION - The cities are now included in certain ethics legislatio"n considerations but generally applies to communities over 50,000 in population. OPEN MEETING/DATA PRAri'x^S - There were substantive changes to the Court Rule better known as the Annendale Decision which allowed cities to confir on private data in closed session. This has been modified, but is not a complete reversal. The City Attorney will need to review these changes to see what impact and under what circumstances the City Council can have a closed session to discuss per*^<^nr.el matters. It is anticipated that /iugust 1, 1990 will be ( effective date of these new rules. r j i 5190, i TO:Mayor and City Council Mark E. Bernhardson, City Administral^^^|^ -C0UWILMEETW6 ( 1 I ^ FROM: MAY141S90 DATS: SUBJECT: May 9, 1990 Annexation Organization Meeting Date CITY OF ORONO Attachment; A. Municipal Board Notice Dated 5/7/90 ISSUE - Presentation to Council regarding the upcoming meeting for Municipal Board's convening of the annexation between Long Lake and Orono. INTRODUCTION - The most recent information indicates that a preliminary organizational meeting to convene the proceedings will occur on Thursday, May 31, 1990. The City's Attorney has submitted motions as of May 2, 1990 to the parties of when copies were provided to Council. No additional information is available at this time. PROPOSED MOTION - Moved by _, seconded by _, Council accepts the information provided on the annexation hearing. Ayes _, Nays _. 1D-254 Orono/A-4710 Long Lake BEFORE THE MUNICIPAL BOARD OP THE STATE OF MINNESOTA CfTYOFonoNo 30\^ John W. Carey Kenneth F. Sette Shirley J. Mihelich Chair Vice Chair CommissioneiMAY 9 1990 IN THE MATTER OP THE PETITION FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OP ORONO & ANNEXATION TO THE CITY OF LONG LAKE PURSUIOIT TO MINNESOTA STATUTES 414.061 NOTICE OF HEARING Notice is hereby given that a public hearing will be held pursuant to Minnesota statutes 414, as amended, before the Minnesota Municipal Board in the above-entitled matter. • The hearing will be held on the 31st day of May, 1990 , in the Orono Council Chauubers, Orono, Minnesota commencing at 10:30 a.m. All persons shall be given an opportunity to be heard orally and to submit written data, statements or arguments concerning the above entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Docximents Section, 117 University Avenue, St. Paul, Minnesota 55155, (612) 297-3000.] The property proposed for detachment and annexation is described as follows: All that part of the Southwest 1/4 of the Southwest 1/4 of Section 35, Township 118, Range 23, described as follows: Commencing at a point 953 feet North of the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 35, thence North to the Northeast corner of said southwest 1/4 of the Southwest 1/4 thence West to the Northwest corner of said Southwest 1/4 of the Southwest 1/4, thence south to a point 13.38 chains North of the southwest corner of said Southwest 1/4 of the Sn jr/jwest 1/4, thence southeasterly along the center line •:t the Long La/.e-Oreno Road to a point: 030 feet Northwesterly along said center line from its intersection with the south line of said Section 35, thence Nertheasterly 1111.8 feet to the piece of beginning. and -2- All that part of Government Lot 2, Section 35/ Township 118/ Range 23/ County of Hennepin/ State of Minnesota/ described as follov/c: Commencing at the intersection of the north line of the right-of-way of the Great Northern Railroad (formerly St. Paul/ Minneapolis and Manitoba Railroad) with the west line of said Government Lot 2, thence southerly to a point 9.52 chains north of the southwest corner of said Government Lot 2, which point is the intersection of the south side of the right-of-way of the aforesaid railroad with the west line of said Government Lot 2; thence easterly along said right-of-way 7.52 chains/ thence south to a point on the south line of said Government Lot 2 and 7.27 chains east of the southwest corner thereof; thence east on said south line to the southeast corner thereof/ thence north on the east line of said Government Lot 2, to its intersection with the north line of said Great Northern Railroad/ thence westerly along the nortn line of said railroad to the point of beginning/ excepting and reserving right-of-way of said Great Northern Railroad/ all the foregoing land being subject to that certain highway easement in favor of the State of Minnesota described in Document No. 1588801/ files of Register of Deeds and that certain easement in favor of Great Northern Railway company described in Document No. 2745860/ files of the Register of Deeds. That part of Government Lot 2, Section 35/ Township 118/ Range 23 lying East of the West 479.02 feet and southerly of the Burlington Northern Railway. After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference call meetings should contact ‘ he Board Office. Dated this 7th day of May, 1990. MINNESOTA MUNICIPAL BOARD 165 Metro Square Building St. Paul, Minnesota 55105 / Patricia D. Lundy ^ Assistant Director 5190.7 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Adrainistrato May 10, 1990 SUBJECT: Facilities - Citizens Review Committee ME£mK MAy 14 1990 OF OROlfo Attachment: A. Boarman Information Packet Dated 5/5/90 (Previously sent out) B. Committee List C. Geographic Distribution of Individuals “ Presentation to Council of information related to the Citizen Advisory Committee. INTRODUCTION - The Council at its last meeting each submitted 8 names for consideration for a Citizens Advisory Committee. From that the committee that you see proposed was drawn out of a hat and contacted by phone with a letter for those who we were unable to contact by phone inviting them to participate in the citizen process. From the original 21 that were drawn, based on geographic distribution, 17 of them indicated their willingness to serve and the next one drawn was requested to participate to bring to 18, the number the architect felt that was an acceptable number. ^ The group held their first meeting on Thursday, May 10th with the agenda as set forth in Attachment A. As noted to you, staff had worked with the architect to identify additional site areas for consideration and these have been included in the information that was given to the Citizen Advisory Committee. The City has signed the agreement to undertake this work with the consultant which will include eventually the newsletter to be sent to the community in advance of the public hearxnc;s together with a possible phone survey, ALTERNATIVES 1. Accept the information. 2. Ask any questions. 3. Take no action. RECOMMENDATION - It is recommended that the Council accept the information presented regarding the Citizen Advisory Committee. PROPOSED MOTION - Moved by _, seconded by _, Council accept the information from the architect and the staff regarding the facility Citizen Advisory Committee. Ayes _, Nays E J5< r.OARMAN.Vj ASScx:iAH.b» A i; I I I I I I I I I ' i: I I N «. I "j ' I i: I N «. !%• II r|i <l,' I >1 Ml .N krTm/^etfr/! CITYOF -,l OflOWO ^ JuSEtiO^iTS MAY 7 1990 Mays. 1990 MEMORANDUM RE; ORONO MUNICIPAL FACILITY STUDY TO: Citizen's Advisory Committee FR: Jack Boarman, Boarman & Associates The first advisory committee meeting is Thursday. May 10. 7:00p.m. at the Orono City Hall Council Chambers. The attached materials provide information on project staffing, comparisons to other cities for staff and space, and the projection of staff through the year 2000. The attachment takes the anticipated staff and the required building areas for a new building and lists out the specific square footage for each of the functional areas. This provides a means to project the basic size of the proposed facility to house the projected staff. We will review this material with the committee to gain your input on the appropriateness of the staff and space projections based on the services being provided in Orono by staff. Various spaces are not relative to staff by community usage such as meeting rooms, conference areas, and public service counters all of which are currently sadly lacking. The second issue for discussion are the site locations for the construction of future facilities. Five general zones of the City have been identified for the committee's review. Together with staff we will review the site area requirements and specific layout issues for requirements of the sites in the various zones. In some cases there are specific parcels that are either owned by the City or held privately or both. A list of proposed committee members is attached for your review. At the beginning of the meeting we will take a half an hour to tour the existing facilities so that the committee can see the current conditions. Our future meeting schedule will be confirmed at the first meeting, tentatively we are hoping to meet May 24 and June 10. At the second meeting we hope to talk about building options arid at the third meeting cost and conclusions if a fourth meeting is needed for a recommendation to the council we would look to June 24. On behalf of Orono Mayor. Council. Staff, and ourselves we appreciate your assistance in this advisory role to recommend to the Council what is the appropriate direction to resolve the Orono Municipal Facility needs. N II I I li J II il S I I I- •• I Ml II II !• .1 |i II I I .1 I It I Il I ORONO CITY HALL February 14,1990 II. j IV. PROJECTED EXISTING SO. FOOTAGE SO. FOOTAGE General * Reception/Wailing Area 225 0 * General Storage/Office Supplies 240 79 * Vaull/Archive Storage 165 675 * Council Chambers 1.404 866 * Meeting Room (12-14 Capacity)228 * Meeting Room (5-7 Capacity)150 * Toilets/Janitor’s Closet 676 * Mechanical Room 216 * Emergendy Generator Room 150 * Electrical/Telephone Room 80 * Lunch Room (Shared w/Police)375 * Miscellaneous Storage 240 4.149 1.703 Administration * City Administrator 220 122 * City Clerk 120 50 * Assistant City Clerk(4) Reception Counter 748 130 * Files 368 32 1.456 340 Finance * Finance Director 150 134 * Account Clerk 104 48 * Treasurer 104 60 * Files 32 40 * Account Clerk (Future)104 494 282 Building and Zoning (High Public Traffic) * Director 260 113 * Building Inspectors (2)240 119 * Assistant Zoning Administrator 169 66 * Fiche & Plan Layout Room (flat files)300 50 * Service Counter 'Maps & Plans 156 52 * City Assessor 99 * Library/Storage 160 1.559 408 ■;r , Public Works * Public Works Director * Recreation Coordinator (Future) * Engineer Drafting Position (Future) * Engineering (Future) 220 120 99 169 130 608 130 TOTAL NET SO. FT. + 35% GROSS 8,266 2.893 11,159 S.F. 2,863 _20Q 3,063 S.F. PUBLIC WORKS PROPOSED EXISTING SO. FOOTAGE SO. FOOTAGE 1.Vehicle Areas * Vehicle Storage 18,404 8,081 * Vehicle Repair Bays 1,900 600 * Wash Bay 525 — II.Storage * Bulk Materials Storage 1,200 1,188 * Oil Storage 100 75 * Paints & Chemicals 80 — * Parts Storage 320 100 III.Shops * Multi-Purpose Shop 540 — * Sign Shop 540 540 * Meter Repair 100 ... * Paint Room 450 — IV.General Areas * Supervisor’s Office (2)260 118 * Supervisor’s Office (Future) 1 130 96 * Lunch Room 322 192 * Men ’s & Women ’s Toilets & Lockers 570 120 * Mechanical Equipment Room 216 ... * Electrical/Telephone Room 80 — NETS.F.25,737 11,110 15% GROSS 3.860 1.658 TOTAL S.F.29,597 12,768 V.Unheated Storage * Public Works 5,000 392 * Police (Property-Bikes, etc.) * City Hail POLICE PROPOSED EXISTING SO. FOOTAGE SO. FOOTAGE Public Spaces * Reception Seating * Public Toilets (Shared w/City Hall) 100 25 Semi-Secured Areas * Reception/Clerical 863 272 * Chief of Police 230 120 * Lieutenants (2)244 120 * Squad Room/Roll Call Room (Kitchenette) 436 150 * Training Room/Meeting Room/EOC 400 * Conference Room 196 * Quiet Room 127 * Special Teams Room 96 20 * Archives/General Storage 160 20 * vien's Lockers Rms w/toilets 276 70 Women’s Lockers Rms w/toilets 133 30 * Equipment Storage 150 120 (Attic) * Patrol Supervisor (Future) (Present)135 * Crime Prevention 135 * General Storage 144 * Dare Program 96 Secured Areas * Sallyport/Garage (3 bays)950 308 * Evidence Garage 360 * Evidence Processing 84 40 * Evidence Storage 100 72 * Booking 150 * Interrogation 96 50 * Breathalizer Room 96 * Holding Rooms (2)149 25 * Property Storage 300 270 * Animal Control Storage (Garage)92 TOTAL NET SO. FT.6,358 1,732 + 35% GROSS 2.225 478 TOTAL SO.FOOTAGE 8,583 S.F.2,2(0 I ORONO MUNICPAL STUDY BOARMAN & ASSOCIATES f;/5/90 Comparative City Population Staff Ratios Community Group I Orono Rosemount Mendota Heights Lino Lakes Mound Savage Group II 9. 10. 11. 12. Prior Lake Chaska Shakopee Ramsey Champlin Hastings Group III 13. 14. 15. 16. Woodbury lover Grove Hghts. Cottage Grove Lakeville ORONO 10 YEAR PROJECTION Population 7400 9000 9050 9800 9950 10000 11000 11300 12045 12717 15000 15000 19388 21850 21863 22500 9400 Total City S»aff/Pop. Average: 1:238 1:194 1.205 1:337 1:284 1:232 1:239 Average: 1:250 1:246 1:200 1:282 1:202 1:188 1:228 1:255 1:273 1:270 1:274 Average: 1:268 1:204 Police Staff/ Pop. 1:740 1:782 1:532 1:754 1:765 1:769 1:675 785 869 602 1589 833 750 905 1:692 1:728 1:643 1:726 1:607 1:671 ORONO STAFF City Hall Public Works Police 1990 11 10 10* 2000 16 16**14 'There are 7 addition lice patrol staff that serve on contract to Long Lake, Spring Park, and Minnetonka branch ••Assumes in-'iouse engineering staff located in City Hall ZONE 1 - SCHOOL AREA CITY HALL.'POLICE/PUBLIC WORKS ZONE 2 - CITY SEWER POND AREA CITY HALL/POLICE/PUBLIC WORKS ZONE 3 - EXISTING CITY HALL PUBLIC WORKS AREA CITY HALL/POLICE ONLY ZONE 4 - CITY OWNED LAND A■mmniojr 'h CITIZENS ADVISORY COMMITTEE Nancy Walsh 1390 Rest Point Read Mound, MN 55364 Gretchen Menzel 4210 Forest Lake Drive Mound, MN 55364 Gabriel Jabbour 780 Tonkawa Road Long Lake, MN 55356 C. Steven Wilson 2485 North Shore Drive Wayzata, MN 55391 Morris Nelson 1900 Shoreline Drive Wayzata, MN 55391 Lyndon Stubbs 105 Old Crystal Bay Road North Long Lake, MN 55356 Robert Gehrman 4300 Sixth Avenue North Long Lake, MN 55356 Mary Smith 515 Ferndale Road North Wayzata, MN 55391 Robert Minkema 3200 Bayside Road Long Lake, MN 55356 Heleii Hauser 475 Ferndale Road North Wayzata, MN 55391 Alice Derry 3559 Lyric Avenue Wayzata, MN 55391 Marvin Kramer 840 North Shore Drive West Mound, MN 55364 Thomas DeVeau 680 Tonkawa Road Long Lakt?, mn 55356 Craig Christensen 1251 Brown Ro'd South Wayzata, MN 55391 Larey Lindberg 865 Ferndale Road West Wayzata, MN 55391 Marsha Rokke 180 Orono Orch.-»rd Road South Wayzata, MN 55391 Charles Krogness 185 Brown Road South Long Lake, MN 55356 George Johnson 879 Brown Road North Long Lake, MN 55356 '^(Wejor CL 5990.4 TO: Mark E. Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police DATE: May 9, 1990 SUBJECT: Commendation Officer James Cornick COUHCIL MEETING may 14 (990 CITY OF ORONO Officer James Cornick did an outstanding job as our D.A.R.E. officer on his first session. He was well received by he school and teachers after he started his program. His contribution adds to the police department's drug program. He will soon conduct an officer friendly course also r^'1* i i RESOLUTION OF RECOGNITION OFFICER JAMES CQRNICK n^rso *0'’ "Vi WHEREAS, the City o-f Orono is a municipal corporation organized and existing under the laws o-f the State of Minnesota and WHEREAS, the City of Orono does take the opportunity to recognize its outstanding employees, and WHEREAS, Officer James Comick is an officer of the Orono Police Department, and WHEREAS, the Orono Police Department is very concerned with drug and alcohol abuse, and WHEREAS, education of our young people is one way of attacking the drug and alcohol problem, and WHEREAS, Or+xcer James Cornick was trained by the Illinois State Police in the Drug Abuse Resistance Education program, and WHEREAS, Officer James Cornick was further schooled in "CounterAct", a drug education program sponsored by the Hazelden Foundation, and WHEREAS, Officer James Cornick completed the DARE program at Orono Schools teaching 175 fifth grade students with the cooperation of the teachers and staff of the Orono School system, and WHEREAS, Officer James Cornick demonstrated his patience, compassion, and skill in winning the support of his class of young people. NOW, THEREFORE BE IT RESOLVED, that the Orono City Council commend Officer James Cornick, Orono s D.A.R.E. officer, for his dedication to duty, his patience and compassion in performing the D.A.R.E. program. Adopted by the Orono City Council on the 14th of May, 1990. ATTESTS James R. Grabek, Mayor Dorothy M. Hall in, City Clerk “""ai ucEm may 14 J990 TO: Mayor and City Council l»ITY OF OROHO FROM: Mark E. Bernhardson, City Administrator DATE: May 9, 1990 SUBJECT: Salary Adjustment - Lyle Oman At the October 23, 1989 meeting of Council, Lyle Oman was promoted to Senior Building Inspector subject to a 12 month probation. Council also directed that his performance in that postion be reviewed within 6 months of the date for salary adjustment. Lyle's immediate supervisor reports that Lyle has assumed full responsibility of the Senior Building Inspector's position and has provided much needed administrative leadership for the building department. Staff would recommend that Mr. Oman's position be at a Level 9, Step 3 at a rate of $15,897 per hour, which is an increase from his present $15,261 per hour, with a continuation of the probationary period through October 6, 1990. At that point Mr. Oman will be reviewed for promotion to Building Official and salary adjustment. PROPOSED MOTION - Moved by seconded by _, to approve a salary adjustment for Lyle Oman at a Level 9, Step 3 at a rate of $15,897 per hour, effective as of October 6, 1990, as Senior Building Inspector subject to probation through to October 9, 1990. Ayes _, Nays _. Personnel File Lyle Oman Thomas Kuehn, Finance Director r. TO: FROM: DATE: COUWC/l MEETIHG may 14 1990 Mayor and City Council Mark E. Bernhardson, City Administrator ORONO May 9, 1990 SUBJECT: Salary Adjustment - Bruce Vang Per Council's directive of October 23, 1989 Bruce Vang's position as Building Inspector is subject to review at six months under the current year probation period and review for salary adjustment. Mr. Vang's previous experience and training have complimented the overall make-up and performance of the building department. The City continues to receive regular reports of his cooperation and helpfulness in the field. Staff would recommend Mr. Vang s position be Level 7, Step 3 at a rate of $13,694 per hour, which is an increase from his present $12.98 an hour. It is also recommended that Mr. Vang ’s probationary period would continue through October 23, 1990 with a salary adjustment in that position scheduled for April 23, 1991. PROPOSED MOTION - Moved by _, seconded by _, to approve a salary adjustment for Bruce Vang at Level 7, Step 3 at a rate of $13,694 per hour, effective as of October 23, 1990, subject to a probationary period to continue through October 23, 1990 with a salary review in that position scheduled for April 23, 1991. Ayes _, Nays _. cc; Personned File Bruce Vang Thomas Kuehn, Finance. Director _ . J MINUTES OF OEONO COUNCIL MEETING HELD OCTOBER 23, 1989 LIEUTENANT SELECTION PROCESS CONTINUED CounciImember Goetten asked how long the probation period is for the second of the three lieutenants. Chief Kilbo said that the probation period would end approximately March 13, 1990. CounciImember Goetten asked to be updated as to the progress of the second lieutenant position. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to accept the information presented regarding the seclection process. Motion, Ayes=5, Nays=0, Motion passed. PLANNING COMMISSION/COUNCIL FACILITIES MEETING* It was moved by Mayor Grabek, seconded by CounciImember Goetten, to set November 8, 1989 as a date for the joint meeting of the Council/Planning Commission for consideration of the City facilities. Motion, Ayes«5, Nays=0, Motion passed. NAVARRE REDEVELOPMENT MEETING* It was moved by Mayor Grabek, seconded by CounciImember Goetten, to accept the information regarding the Navarre Redevelopment Meeting. Motion, Ayes=5, Nays=0, Motion passed. STREET LIGHTING ASSESSMENT RESOLUTION #2724* It was moved by Mayor Grabek, seconded by CounciImember Goetten, to adopt Resolution #2724, adopting the Supplemental Street Lighting Improvement Assessments on County Road 15. Motion, Ayes«5, Nays=0, Motion pc.jsed. EMPLOYMENT - BUILDING INSPECTOR* It was moved by Mayor Grabek, seconded by CounciImember Goetten, to concur in the appointment of Lyle Oman to the position of Senior Building Inspector at Level 9, Step 2 + , at a rate of $14.77 an hour ($30,720 annual), and also that the Council approve the employment of Bruce Vang for the position of Building Inspector at $12.98 an hour ($27,000 annual) with a r0view to be conducted of both at 6 months predicated on performance. Motion, Ayes=5, Nays=0, Motion passed. ASSISTANT FINANCE DIRECTOR SALARY REVIEW* ^ ^ ^ i i uIt was moved by Mayor Grabek, seconded by CounciImember Goetten, to adjust Assistant Finance Director Linda Walters* hourly wage rate from Level 5, Step I ($10,056) to Level 5, Step II ($10,647) effective October 2, 1989. Motion, Ayes=5, Nays-0, Motion passed. -‘v 10689.5HD To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardsonr City Administrate' Date: October 6, 1989 Subject: Building Inspections/Personnel Actions Issue - 1. Approval of a promotion to the position of Senior Building Inspector. 2. Employment of an individual for the position of Building Inspector. Introduction - In order to bring the organization to full strength following the resignation of Tom Jacobs, staff has sought resumes for the position of Building Inspector. Discussion - 1. Issue #1 - Promotion. Because of Lyle's background with the City and its characteristics, the staff is presenting for approval by for the Council the promotion of Lyle Oman to the position of Senior Building Inspector. Lyle has been with the City since 1985 and has had the necessary certifications, both Class I and Class II, and has been expanding his horizons, not only in the rMidential area but in others. 9, /<rSJ - 2. Issue #2 - ^oloyment. Bruce Vang has accepted the position of building inspector and will start in that position as of Monday, October 23, 1989. Bruce's 4+ years fo inspection experience at Lakeville far exceeds the City's expectation of 2 years experience. Bruce will receive his Class II Certification Spring of 1990, although through field and plan review experience can perform commercial reviews and inspections. Alternatives - 1. Issue #1 ~ Promotion. a) approve b) table c) reject 2. Issue #2 - Employment of Building Inspector. a) approve .b) table c) reject o Building Inspections/Personnel Actions October 6, 1989 Page 2 of 2 Recommeiidatioii It is recommended that the Council approve the promotion of Lyle Oman to the position of Senior Building Inspector. A development plan in this position will be prepared with Mr. Oman by his supervisor as will one for Mr. Vang. Mr. Oman's position is recommended to be at a Level 9, Step 2+ at a rate of $14.77 an hour which is an increase from his present of $13.86 per hour ($28r828 annual), and that the employment of the building inspector be at Level 7, Step 2+. Both would be reviewed in 6 months and are both subject to a one year probationary period. Proposed Motion - Moved by seconded by the Council concur in the appointment of Lyle Oman to the position of Senior Building Inspector at Level 9, Step 2 + , at a rate of $14.77 an hour ($30,720 annual), and also that the Council approve the employment of Bruce Vang for the position of Building Inspector at $12.98 an hour ($27,000 annual) with a review to be conducted of both at 6 months predicated on performance. Ayes ___, nays Jeanne Mabusth, Building & Zoning Administrator Tom Kuehn, Finance Director Charlotte Knutson, Deputy Treasurer Personnel Files /II /j-jU . / C: ■ 5290.2 / TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate DATE: May 2, 1990 3! COUNCIL MEETING MAY 14 1990 CITY OF ORONO SOBJBCT: Flexible Benefit Plan Attachment:A. Flexible Benefit Plan (Cover Memo Only) Memo Dated 4/20/90 ISSUE - Determine if Council will authorize the City to work with DCA Stanton to develop a flexible benefits plan for City employees. INTRODUCTION - At the Council's April 23, 1990 meeting Attachment A was presented for Council consideration and tabling it until the 5/14/90 meeting. ALTERNATIVES 1. Approve 2. Modify and approve 3. Take no action 4. Accept the legal review of DCA's master documents 5. Table to 5/28/90 meeting RECOMMENDATION - It is recommended that the City work with DCA Stant^ to: A* Develop a flexible beneifits plan in an amount not to exceed $4,000 for plan design and communication and accept the legal review by DCA's legal firm. B. Develop the plan to be administered by DCA Stanton for approximately $1,700/year. PROPOSED MOTION - Moved by seconded by that the Council authorizes the City staff to work with DCA Stanton to develop a flexible benefits plan in an amount not to exceed $4,000 for plan design and communication. Additionally the plan is to be administered by DCA Stanton for approximately $1,700/year. Ayes _, Nays _. 42090.1 /5 TO:■ Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: April 20, 1990 SUBJECT: Flexible Benefit Plan Attachment: A. DCA Flexible Benefit Outline ..4 U ISSUE - Presentation of information to Council regarding the basics of flexible benefit plan. INTRODUCTION ~ Over the past couple years staff has discussed with Council the undertaking of flexible spending accounts in conjunction with the pre-tax provisions allowed by IRS Section 125. Under this, it allows an employee to deduct from pre-tax dollars certain amounts for child care, health premiums, health and dental expenses and other types of qualified plans together with coordinating that plan with their deferred compensation. Even though this has been a longterm goal to present to the Council for some time. Section 89, that was a discrimintation test, made certain elements and design of the plan more expensive. This has subsequently been repealed by the Congress. (I would like to thank Councilmembers who pursuaded staff to wait on going through and doing a Section 89 compliance in January of *89 since the repeal made it no longer necessary.) DISCUSSION - Flexible pre-tax benefit programs are provided by a number of organizations to their employees in both public and private sectors in the metro area. The DCA Stanton group has done it in most municipalities who havwe adopted such programs. Subsequent to indicating that the cost of the plan would be about $1,500 to design it in our January 16, 1990 memo I have done further exploration and the total cost at this point looks to be about $2,250 for plan design and $1,700 for plan communciations and introduction. (We budgeted about $7,500 for both IRS 125 and 87 for 1990.) The information is presented to Council at this time so that you may peruse the information to see what questions or issues you have prior to a decision as to whether staff should initiate the work with DCA Stanton. While the City could solicite alternate quotations from other areas, it is not required nor felt that the expense involved would net a substantial savings, particularily since DCA will be working from plans developed for the municipalities. (The only unknown expense at this point is the legal review. DCA's master documents have been reviewed by the Gray, Plant law firm. These cost factors will be presented at the next meeting.) In addition to the initial outlay expense there is the administrative cost of the program. While it can be done inhouse, the approximately $1,700 per year that DCA would charge for administration of the program would do a much better job than we would be able to do and would probably make the program much more widely used. (There has been a reluctance to participate by certain employees in organizations that used their own inhouse administration, of people submitting bills for particularly health related matters. Ones that have shifted from an inhouse to a contract administrator have seen their participation rates go up. (This is because a number of people are concerned that people in their own orgainization are reviewing bills for health matters that they consider to be personal.) ALTERNATI'/ES 1. Accept the information. 2. Ask any question you may have at this point or over the next three weeks. 3. Table until subsequent meeting. RECOMMENDATION - It is recommended that Council accept the information and ask any questions they may have between now and the next meeting and that the matter be tabled until May 14, 1990. PROPOSED MOTION - Moved by _, seconded by _, that Council accept the information and ask any questions they may have between and now and the next meeting and that the matter be tabled until May 14, 1990. Ayes _, Nays _. cc; Janet McCune, DCA All Department Heads .. :' 5790.3 TO: Mayor and City Council ^OONC/L MEETIHG PROM: Mark E. Bernhardson, City Administrato^ ^ WAY 1 4 jggQ CHrOFOBOIWStJBJECT: Administrator's Information STUBBS BAY SEWER — Staff is working to prepare the necessary letters to send out to the residents. Currently waiting for final information from the City Engineer so the numbers can be finalized. It is expected that this will go out during the next two weeks. LOGO CONTEST - The entries for the LOGO contest were given to the three committee members on May 1, 1990. Once they have had a chance to review and discuss it they can decide whether they want to solicit additional ones or go with the ones they have. TERI NAAB RECOGNITION - Originally the Deputy Clerk recognition for Teri Naab had been done in a low key manner at her request. Subsequently CounciImembers had indicated a desire to do more, however there presently is a scheduling conflict with her Monday evening. She will be available for the Tuesday, May 29, 1990 meeting. LOCAL WELL AUTHORITY - STATUS REPORT - Michael Gaffron has been working with a member of Tom Barrett's law firm, Suesan Pace- Shapiro, to ascertain what, if anything, the City can do. Suesan has discussed the issue at length with the HealthT Department and after some reluctance on the part of State Health Department they have agreed to meet with Mike and Suesan after we provide a summary of issues from Orono regarding the problems with the statutes. Once we have the reaction to that we will determine what, if anything, needs to be done. ALBRECHT CONTRACT - Presently the City has done some minor work to repair driveways and is looking at contractors to complete the work for both Highway 12 and on North Shore Drive. MARCH RECEIPTS & DISBURSEMENTS - See attached. WIRE TRANSFERS - See attached. 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P.O. Box 219 St. Bonifacius Coppin Plumbing 2300 Chateau Lane Mound Garbage i Refuse Collectors - R & W Roll-Off & Sanitation 5525 County Road 50 Carver f'Obl w..—^ —CIT Y of ORONO Crystal Bay, Minnesota 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION BUQ.DING 4 ZONING - 473-7357 ASSESSLNG Treatment Workshop attendance must accompany this application. Air^p?ica?Ions Le subject to a ten (10) day approval ^period. •f-lA ye.S £ j(ca\icSTI ------ 1. 2. 3. Business or trade name __ Business address ^ 6. 7. 8. Business phone ^ - - Residence phone - - - - - -- Name of applicant or company representative holding MPCA certification _ _ _ —-- -- — Type of certification held: _X Installer - - Pumper Site evaluator _ _ _System designer irg*/ TFThis a Provisional Certificate? Certx-icate No.- - - TP roT-T-ificate is held, provide evidence of attendance at oL of ?Se“n-Site Sewage Treatment Workshops held immediately prior to the current construction season. Have you ever held a Septic System I-istaUer license in Orono before? Most recent year /7/t- CITY OF 0!\s^F} - 9 1 -i r-on*?** ^avoked? When? f JiVAVyf OFFICEHave you ever had a license ------- JjnEuvOCO Where? _ _ _ _ _ _01 (Si 10. Do you do Municipal Sewer hook-ups? Y^s Do you pump out septic tanks? Yes- - - SUBMITTALS REQUIRED: ^ obJig^e. T^e State Plumbers Bond will not be ■..V ■> sin-lo-100 000 minimum Certificate of Insurance.^ ^ cop; of c^rent^S Certificate or evidence of attendance ' at^On-Site Sewage Treatment Workshop held immediately pi^ior to current construction season, 7 / LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorise^ by jjo^ . apply for permits under your license {ri,jtu,Jit Date Applicants^ Stature - - Staff recommendation <gbprovaJ>#l&^enial -------'''Date *i Reason for denial: _ City Council Action Date license mailed Date IliTof ORONO Crystal Bay. MinnesoU 55323 SEPTIC SYS.EH INSTALLERS LICENSE APPLICATION TY 2 LY BUILDING 4 ZONING - 473-7357 ASSESSLNG CHFJ All auestions must be answered. iZcinsefeerbondTcer^^^^ate V of insurance, and evidence of MPCA Certification or Hom^V^^g^.j \ fvt____a ntr 4-Vi^eTreatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. 5. Business or trade name ____VolVenant ^ Sons Inc Business address 1030 Co Rd 33 MaoIePl^ln Mr. Business phone 25.00 25.00 ^79-15^7 Residence phone Name of applicant or company representative holding MPCA certification Bob Yolkflnant__________________________________ j_ Install orType of certification held: _ _ X Site evaluator X System designer Is this a Provisional Certificate? _ _ _ Pumper Certificate No If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immediateli' prior to the current construction season. Have you ever held a Septic System Installer license in Orono before? yes Most recent year 19?7 8. 10. Have you ever had a license revoked? no When? Where? _ _ _ Do you do Municipal Sewer hook-ups? Yes ^ N< Do you pump out septic tanks? Yes X No_ _ _ -------*'TTV nc n.ifyun I t Lfl Wftu FIHf^iCE OF FICE i?:i5oocoo rizn-’ nuiao.n it» ■^70 T- TiMi }(—YSU •J J SUBMITTALS REQUIRED: X 1. $25.00 license application fee. -^00 ^115050 cool EOl T12:. 04/2T/f 2. $2000.00 license and permit bond naming City of Orono obligee. The State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insxirance. tt-^O 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season. |2-*'3/"^”2^ LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List parsons other than applicant who are authorized 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, subject to the laws of the State of Minnesota and the Ordinan^s of the City of Orono. /y / / / , y Atjrll ?6 1990 Rt->i-i1 ■Ir*an+-«a i frnat'UT"** Staff recommendation (^^proval Reason for denial; ^ City Council Action Date license mailed Applicants Signature ^ Denial Date Q Date Approved Denied Gi'rYof ORONO Post Office Box ob Crystal Bay, Minnesota C SYSTEM INSTALLERS ICENSE APPLICATION TY 2 tiLY BUILDING Jk ZONING - 473-7357 ASSESSLNG All questions must be answered. License bo]^_ _ _ certificate of insurance, and evidence of MPCA Certif jl^Scloa or Home Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. 5. 6. 7. 8. §. Business or trade name Widiner Inc. Business address __________ Business phone _____446-1495 P.O. Box 219, St. Bonifacius, MN 55375 Residence phone Name of applicant or company representative holding MPCA certification ;^jithonv A. Vanderlinde_ _ _ _ _ _ _ _ _ _ ___ _ _ _ Installer Pumper /slL>Type of certification held _ _ Sice evaluator _ _ _System designer Is this a Provisional Certificate? No_ Certificate No. CIJIOF If no Certificate is held, provide evidence of one of the On-Site Sewage Treatoent Workshops held imme^^'^ly prior to the current construction season. rixpf Ji ^ RtCEIFT-lHfiHX rrr 25,00 -=■ Afi L./ • V YOU Have you ever held a Septic System Installer lic^ns^llii60 COvl k)l Orono before? Yes Most recent year 1989 Have you ever had a license revoked? No When? ________ Where? _ _ _ Do you do Municipal Sewer hook-ups? Yes x No_ _ _ _ _ 10. Do you pump out septic tanks? Yes SUBMITTALS REQUIRED; 91^ No 1. 2. (2^ 0^ $25.00 license application fee. $2000.00 license and permit bond naming City of Orono as p .^3^) obligee. The State Plumbers Bond will not be accepted. $10-50-100,000 minimum Certificate of Insurance-7-/ Copy of current MPCA Certificate or evidence of attendence 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 apply for permits under your license SEE ATTAaED_ _ _ _ _ _ _ __ 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 3-30-90_ _ _ _ Applicants SicnaturaL :Date Staff recommendation Reason for denial: __ _ _ _ ■”ity Council Action C-ate *te license mailed _ Denial Date Approved Denied CITYof ORONO CITY USE ONLY Post Office Box 66 Crystal Bay, Minnesota 55323 BUDLOING A ZONING - 473-7357 assessing LICENSE SEPTIC 'iDjirEM S»TAL l 1Ml aiYOf All questions must be answered. License fee, bond, of insurance, and evidence of MPCA Certification or HoMARS^^el99(I) Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. Business or trade nan,e 9 \ (\^ V Business address CV>,aVgA."a ^___<7lOV;Vy\J 1. 2. 3. 4. 5. 6. 7. 8. MPCA Business phone Vb Residence phone Name of applicant or company r^resei^at^ye holding certification VsCaIaJ - - - - - - Type of certification held: Installer _ _ Pumper Site evaluator _ _System designer ; iFThis a Provisional Certi^fcate? _ _ _ Certificate NoiS a rj.wvj.ijj.wf..-* -w.. - - - -- - - - - - » ■ » If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Trea^ent Workshops held immediately prior to the current construction season. Have you ever held a Septic System ]^^aller license in Orono before? Most recent year _ _ Have you ever had a license revoked? fiO, When? Where? 10. cm OF OfdifO -----ftf^AiCE OFF" _____ 1311500QW Do you do Municipal Sewer hook-ups? Yes ^o __ Do you'pump out sf c tanks? yes . No SUBMITTALS REQUIRED: m l4/05/^ 1. 2. $25.00 license application fee. $2000.00 license and permit bond naming City of Orono as * obligee. The State Plumbers Bond will not be accepted.(^5'^ dl^ 3. $10-50-100,000 minimum Certificate of Insurance7“-/-?o 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season. }Zr^i~^0 LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to . apply for permits under your license _ _ _ _ _ _ _ _ _ _ _ The undersigned hereby makes application to the City of 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 Orono. ^ / Date ^ ‘ Applicants Signature ^\AA/JLA Staff recommendation(^^^provaT^I^J^r^i Denin Date Reason for denial: City Council Action Date license mailed Date Approved Denied CITY OF ORONO P.0. Box 6 6 Crystal Bayr MN 55323 473-7357 GARBAGE & ^lOLLEC License Year Date Received _ _ _ _ _ _ _ _ Fee Paid ~7f^. Initials Oo> OLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City ofjpjronq/,;fjT|^^ herewith makes application for a license to do so. OFFICEitiiii Ooocv s Carvf>r. MN______ SST>grrjOT-TU^v yQ^Address 5525 Countv Rd (Street) Business Phone Number 448-7833 (City)(State) (Zi^mpj^OoOl FOl 'Yl0:04 04/20/90 Appliccmt's Name Russell W. Leistiko, President \ddress 5525 Countv Road 50_ _ _ _Carver_ _ _ _MN 55315 (Street) Phone Number 448-7833 Check One:Individual (City) (State) (Zip Code) _ _ _ Partnership y Corporation Number of Vehicles to be used in Orono description of Vehicles (attached list if more): Loaded Loaded Year Mfor. Gross Wt. Rear Axle Wt.Size/Yards License Number 1974 Mack 46,000 34,000 (Jan carry 10.20.30.40vH rfr YYQR9 ”^0 1980 Mack 46,000 34,000 YYQR'^TO 1970 White 39,000 20 yards YX98265 eneral area of City served AT 1 schedule of Collection charges/ dates Wp nrovidp r^pm^^^^^on/^^l^<;^^llr^■fnn ick up uslnc the roll-off c o n t ,i i n p r s af- rhp ioh Vd mav Vi a o an jccational mixed load but charges vary depending upon size & weight of load VDoroximate number of customers in Orono An nn^ An t-oc-; Honf--.-^ :n Orono. .ocation of dumping area — con . H#»nn ppin Pnl1n^y^W<sP — Pile Diir,*,- N ORDER FOR THIS APPLICATION TO BE COMPLETE, YOO MUST ENCLOSE THE FOLLOWING: Jureliy^SonS in t^e'^^a^o^untf ^oi‘^|l!’6o6!? ^i>iSof of insurance in the amount of U00,000-$300,000-$50,000, and 10-day cancellation clause. Annual fee is a J30.00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (if applicable). - am the owner and operator of the above business and I have paid all license fees nd taxes required by law. The above information is correct. ■y/y'Jf/'FO Date / TY OSB ONLY: Approval atuTe of City Of: After review of application, staff recommends: _ _ _ _ _ _ Denial _ _ _ __ Other (specify) gngture City (Official Date i •, DATA PRIVACY ADVISORY in accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- dcion. You are notified that: 1. 2. 3. 4 . 5. 6. The information you furnish will be used to determine your qualification for the permit or license requested. You may i e to supply data, but refusal may require that the v_ -y deny the permit or license. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. If your requested permit or license reqires council action to approve, some information may become public. You have certian rights under M.S. 15.165 to review private data on yourself. Your full name, and date of birth are required to process this application or permit. Russell_ _ _Wa vne Fir^5l5 County Rd 50Middle Last Address CaarvlF, MN 55315 12-1-50 Date of birth 448-7833 Phone I understand my rights as stated above X - - - - - - - Signature ;^i-: ■^if n * — • ■ • -••............................ . . .-.. .. Vi- ■ ... , . • .'•-•••. ■ • U-’* ''. ■' • •Av •■.'-■• 04/29/90 PR CB PRREGOR > '..w NAME ABRAHAMSON. FREDERIC ANDERSON. BRUCE L BERNHARDSON, MARK E BERNHARDSON^ MARK E BOBZIEN. SU^ A 60SMA. JAMIE L BRAUN. ROBERT R BRINKHAUS. JOHN F CHESWICK. GARY B CHRISTIANSON. SALLY CORNICK. JAMES L DEMBOUSKI. JAY C DENNISON TROY A ENGLISH III. IRVING ERICKSON, KUR' R FISCHENICH DAN T FRITZLER. JOHN M GAFFRON MICHAEL P GERHARDSON JOHN R GREGORY. JAMES 0 HALLIN. DOROTHY M STEVEN C CAROL J BRADLEY P RICKY 0 KILBO. MELVIN H KNUTSON. CHARLOTTE A KUEHN. THOMAS M LINDSTROM. DAVID J MABUSTH. JEANNE A MORAN. MARK F MOROWCZYNSKI. NAA6. THERESA NELSON. DAVID OAS. DANIEL 0 OBRIEN. RANDY L OMAN. LYLE E OUAST, WAYNE A RATHBUN. BARRY J SASS. JOHN J SKREEN. DALE S STEFFENHAGEN. RONALD STEVENS. BETTY G THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALSH. KEVIN L WALTERS. LINDA 6 YEAGER. DONALD C HANSEN HANSING JOHNSON KARNITZ JAMES L OPT 93 31 12 12 31 12 93 42 31 31 31 31 35 31 3i 31 31 33 42 42 12 42 31 31 31 31 15 15 93 33 31 31 12 35 93 92 33 92 92 42 42 93 93 31 31 31 33 12 35 15 93 YTD GROSS 163 88 14782.67 18174 20290 8529 5749 64 13218 13459 2005 13790 1680 153 15995 12965 12095 13679 12022 15813.49 11408.89 10355.93 9468 4759 13472 858 17641 8278 16801 47 15056 12236 15521 8339 204 259 8912 10250 12423 9399 9337.72 9411.15 10369.59 360.25 12696.62 13503.76 13053 32 9050.58 81 41 46 72 13 31 73 64 73 . 84 00 20 49 55 14 76 87 28 81 87 84 82 59 50 08 11 57 34 00 88 73 71 52 40 391 2010 7783 215 80 10 91 26 CURRENT GROSS 144 1537 250 2115 921 783 64 1391 1468 205 1463 987 40 1388 1364 1299 1396 1338 1760 1117 1153 1007 582 1364 454 1964 921 1870 47 1676 1337 1364 921 61 115 935 706 1400 1075 1003 1003 1154 198 1338 1376 1364 1079 88 78 00 60 84 61 13 12 00 84 61 18 80 34 16 20 16 72 80 61 12 16 80 16 97 40 83 88 50 47 28 16 84 20 50 05 61 39 30 20 20 64 00 16 63 16 92 391 80 198 31 935.04 154 88 cfnr^bi^ • ••• ... • • .... 50.197 94 . . ■ i 5. sees ... . . .. —• .V . .. ■.’V. •,*•V ) * . 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MINUTES OF THE MARCH 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 represe-ted the City Staff: Building and Zoning Administrator Mabur,cii, 'ssistant Planning and Zoning Administrator Gaffron and City Recoitar Scheffler. Council Representative Nettles was present, as were Councilmembers Peterson and Callahan. #1503 WOODHILL COUNTY CLUB 200 WOODHILL ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:25 P.M. The Affidavit of 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 Pruddens bought the property? a need to do this since Ms. Carpenter replied, "No, they just moved in Ih years ago and we haven't had a bad winter since that time." Mabusth recollected 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 PLANNING 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 house would be constructed to take advantage of the views from the higher 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' widtl". 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' for the finished diameter. Mr. McNellis asked whether all trees within an 80 would need to be removed. radius Chairman Kelley replied that every attempt is made to have as little impact on the trees as possible. Mr. McNellis stated that any tree removal that occurs for the construction of the cul-de-sac will have an impact on the Carpenter property. - 2 - L 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 take 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. Mcr ‘llis 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 heari’'g was closed. Kelley explained that two of the Planning Commissioners present this evening were members of the Woodhill Country 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 varian'ce 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 Publicatior. and Certificate of Mailing were duly noted. Mr. Wirtjes was presei’t for this public hearing. s preliminaryMabusth briefly explained Mr. subdivision proposal. 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 proposed? 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 by the 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 the Watershed District in this application due -o the bridge. 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 combination of Outlot A and Lot 2. legal Mabusth explained that Outlot A was created for the sole purpose of access and should be legally combined with Lot 2. It 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, S220 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 will 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. OTHERi Mr. Gabriel Jabbour asked for the opportunity to briefly address the Planning Commission. - 5 - 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 concerned about the way in which Orono has been treating the lakeshore 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 ir that way because they are not a use, they are a structure. In 1975 our Code said specifically 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 were 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 down. Lately we have a lot of residents coming to the City to ask for additions to their primary structures 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 i<- is the duty of the Planning Commission to amend the ordinance if a loop-hole is found to exist. I wish that the Planning Commission would change its position from being reactive to proactive. Orono was always ten steps ahead. I feel the Planning Commission is sending a message to residents: If you want to build within 0-75' of the lake, go now and put in a rock garden with plastic underlining. Then come back to the City and trade your plastic underlining in for a new living room. I woull like to see that message changed." #1493 CHUCK DOWNEY 2665 CASCO POINT ROAD VARIANCE CONTINUATION OF PUBLIC HEARING 7:40 P.M. TO 7; 45 .'.A. 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-DOWNEY 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 indicated that he had measured his garden before coming tc this meeting and found it to be 157 feet. Kellev clarified that Mr. Downey is proposing to remove 142 s.f. of hardcover from what is shown as Area A on Exhibit L of staff's memo. Brown noted that Mr. Downey would also remove hardcover from the driveway. Mahusti. stated that is what Mr. Downey is proposing. 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 presented this evening as an amendment to what we received earlier." Kelley noted that staff estimated that 54% hardcover existed in the 75-250' setback area. Kelley asked Mr. Downey if he agreed with that estimate. Mr. Downey indicated that he did not h».ve time to do any more measuring and that he would accept staff's estimate. It was moved by Planning Commissioner Hanson, to recommend approval of the revised proposal for the Downey residence at 2665 Casco Point Road, subject to final staff measurements determining that 45% hardcov'exists within the 75-250' setback area. Motion, Ay'^'»-3, Jo. -n. Nay. Motion passed. Johnson felt that the use the roperty was being intensified and that non-struc hardcover is be.'ag traded for structural hardcover #1494 FRANCIS LIGHTLY 3585 FREDERICK STREET VARIANCES REFERRED BACK TO PLANNING COMMISSIOC*' Mr. and Mrs. Lightly were present for this r.atter. Mabusth presented the revised plan submitted by the Lightly's. Mabusth asked Mr. Lightly to explain .vby he was no longer planning to remove hardcover from the west side of the driveway. Mr. Lightly said, "Originally w« re removing 200-250 s.f. - 7 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE 11494-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 weighing 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. Lightly to explain the hardship for the variances. 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 was roughly 13* bevjJUi 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%." It 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 side 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 the Ordinances should be adhered to. Johns.^ abjected to the proposed hardcover in' the 75-250' setback zone c .a the trading of non-structural 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 vote one way or the other. qualified to offer a Mabusth asked Mr. Lightly if he would prefer to have this matter reviewed when there would be more Planning C >mmissioners present. Mr. Lightly asked if the application would oe looked at more favorably if he proposed a reduction in the structural coverage to equal the current coverage or 15%. 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 vo*-e on this application. He asked Councilmember Callahan for his opinion as to whether the matter should proceed to Council or come back to the 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 it#* sent along to Council. Kelley asked Mr. Lightly what he would prefer. Mr. Lightly indicated that he would prefer to proceed to Council. #1495 RC:> 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 this 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 Brov;n, 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 11497 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 all other aspects of this renewal remain the same, with the exception of sone zoning issues. Kelley suggested that this property should either be rezoned for commercial use or that the building 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 the 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 lease with this person to do that. I remodeled the 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 a person to lease the property. I have attempted to find other uses for the property that would satisfy the City and not intensify the use of the property, I had found a purchaser for the property several months ago and took the property off of the 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 L 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 his 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 reconunendation 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 pcse any problem. Hanson asked Mr. Toberman what hr. 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 our intention to get involved with the rental of the 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 MEETINGZONING FILE 11497-TOBERMAN CONTINUED Johnson noted that the conditional use permitting process provided the most opportunity for the public to express concerns regarding the use of the property. He stated that there would be little or no 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 HIGHWCXDD 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. Celms was present for this 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 Departn.> nt 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 commercial site plan for 3572 Shoreline Drive. the review of 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 - I MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1501-RITCHIE CONTINUED 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 with the other properties along Shoreline Drive. Mabusth indicated 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 Commissioner 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 removed. 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 storm sewer exists on private property. The City Engineer must review the grading and drainage plans for this property prior to the issuance of a building permit. Mabusth said if a determination is made that additional drainage easements are required, the City will ask Mr. Hilbelink for them. Mr. Jentilucci said, "I do not think drain;»«o is the issue here. The proposed location for Mr. Hilbelink -"esid ce is where the low spot on this property used to be. .ould i.tagine thot Mr. Hilbelink will want to bring in more fi-i which will make my property lower than his. That was lot the case when I purchased my property 12 years ago. I recall the 1987 storm very clearly. I feel that the water would not have 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 the 1987 storm was a unique occurrence and believed that the existing drainageway would sufficiently handle any rainfall. Mr. Hilbelink's builder stated that he was locating the house to take advantage of the existing slope?. Kelley believed that controlling the run off that comes from the roof of the new structure may be crucial. Mr. Hilbelink'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 the drainage plan presented with the building permit to determine any potential drainage prcblems. Mabusth said that a review hy 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 drainage 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 PLANNING 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 all 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. Jentilucci quoted City staff as saying sometime ago that this area is the low point for a 10 acre watershed area. Kelley asked why th- City had not taken an easement over the property when the storm sewer was installed. Mabusch 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 north. 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 he:'rx;(g 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 il502-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 variance 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 determine that placing a house on this property as proposed will not cause a change in the run off characteristics. Motion, Ayes-:>, Johnson, Nay. Motion passed. #1504 ARNOLD CALVERT 2523 KELLY AVENUE VARIANCE PUBLIC HEARING 9:20 P.M. TO 9:24 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 for average lakeshore setback and hardcover variances to constr ct a new home. There were no comments from the public regarding this matter and the public hearing wan closed. Brown asked Mr. Jc'lvc’^t what t is. uare footage of the house Mr. Calvert replied that it will be 5100 s.f. ‘.7 - 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 required. Mr. Calvert said that the driveway to access the i . 3e is very long and constitutes a large portion of hardcover. Kelley asked Mr. Calvert what his future landscaoing 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 with 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. Charlei. (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 no ro- '.-vn ^ jr a. variance when dealing with new construction, Jrown concurred. It was moved by Plannipq Commissioner Johnson, seconded by Planning Commissioner Hanson, to recommend denial of this application for hardcover and average lakeshore setback varianc.es. Motion, Ayes-4, Neys-O, 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 Uniform Building Code definition of height would be used. Orono's Zo»iing Ordinance included the UBC definition, bu^ does not address windows. Mr. Schmitt said 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 the after- the-fact height variance for David and Margene Fox, ^’th 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 Johnso/i, seconded by Planning Commission Brown, to approve the February 20, 1990 Planning Commisr^.on Meeting Minutes. Motion, Ayes-4, Nays- 0, Motion passed. PLANNING COMMISSION REPRESENTATIVE Planning Commissioner Hanson agreed to be the Representative 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 - MINUTES OF THE APRIL 16, 1990 ORONO 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 Commissioners Johnson, Bellows, Hanson, Cohen and Moos. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Peterson was also present, as was Councilmember Callahan. #1516 MR. a MRS. WHITNEY MACMILLAN 1560, 1580 and 1620 FOX STREET PRELIMINARY SUBDIVISION PUBLIC HEARING 7:02 P.M. TO 8:07 P.M. The Affidavit of Publicati^n and Certificate of Mailing were duly noted. Mr. and Mrs. MacMillan were present for this matter. Also present were Mr. Larry Hanson of Schoell & Madson, Mr. Herb Baldwin, Landscape Architect, and Mr. Jack Taylor, Attorney. Gaffron explained the MacMillan's subdivision proposal. Mr. Baldwin stated that the main objective of this entire procedure is to build a house for the MacMillan's, not to subdivide property. Mr. Baldwin indicated the approximate location of the new residence. He stated that the subdivision is necessary to facilitate the sale of the MacMillan's existing home. Mr. Baldwin said, "The MacJIillan' s wish to maintain as much of the existing character as possible. The intent is to preserve the land." Larry Hanson stated that they would prefer to use the existing driveway alignment for Outlot C. He said, "The alignment proposed by the Orono City Engineer may cause problems due to the steep grade. If the road were constructed as we are proposing, a two-acre parcel would remain on the lake side of the outlot. It would allow extra land on the other side to be combined and added with another site if that were the case. The platting of this property will help to simplify the legal descriptions of the parcels. The site contains 50 acres which is fairly low density for the number of houses located in this area." Gaffron noted that each of the new proposed lots that are less than 5 acres do have tested drainfield sites. Gaffron also noted that the existing house that is shown with the property line of Lots 1 and 2, Block 1, through the center will be removed. Gaffron asked if the MacMillan's intended to remove the other structures (the caretaker homes). Larry Hanson replied that is correct. - 1 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE 11516-MACMILLAN CONTINUED Gaffron located an existing tennis court and stated that it is between 15* and 25' from the lot line. Bellows observed that once the house (1620 Fox Street) is removed there will be no principle structure as required if the tennis court is to remain. In regard to the proposed alignment for Outlot C, Gaffron said, "The City Engineer prefers not to have the Outlot dead end in the middle of someone's lot. However, the proposed outlot follows the logical progression along the existing driveway and frcm a topography standpoint, it may be the best location. The Citv Migiaeer did not like the idea of ending the road against a pro».«?..ty line of a fully developed lot. The point is well taken that further development of that lot could occur if it is combined with property to the north." Kelley asked Gaffron what the City Engineer is recommending to address the slopes if his alignment is used. Gaffron replied that the City Engineer has not commented about the feasibility of putting the road in that location. Mr. Taylor said, "The MacMillans and the property owners to the rear are concerned about upgrading the road between the MacMillan's driveway and the back end. This plat is not increasing any use at all in that area. They would like the gravel road to remain as is." Kelley asked how many houses will exist on the road when this proposal is completed. Gaffron counted 6 houses that will be served by this road. Bellows asked Gaffron what the is the status of the existing driveway from Fox Street to the entrance of the MacMillan subdivision. Gaffron replied that the entire private road system is within private easements rather than on a platted outlot. Bellows said, "Given that the proposed subdivioion does abut a public roadway, the subdivision could achieve access from a public road. Why is the driveway being used as an alternative. I think that should be clarified for the record." Baldwin explained that the use of the private road is only being increased by the addition of one house. He said, "The MacMillan's have a strong desire to maintain the high degree of privacy. Also, with the wetland and the slopes and the limited area we have for on-site septic systems, we would make a mess of - 2 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1516-MACMILLAN CONTINUED the existing maple woods if we tried to put a road through to the public road. There is also the fact that other parties, other than the MacMillans are involved with the ownership of these properties." Bellows asked how access to Outlot A will be achieved. Larry Hanson stated that Outlot A does not meet standards for a buildable lot at this time, which is why it has been designated as an outlot. Johnson observed that Lot 1, Block 1, appears to be a buildable lot and asked what purpose it will serve. Larry Hanson replied, "Though that lot is large enough, there is no intention to build there. That parcel was brought into the subdivision because part of it was needed to enlarge Lot 2." Bellows asked why it could not be combined with Lot 2. Mr. Taylor explained that there are different entities involved. Kelley stated that though the City Engineer may have good reasons for his alignment of Outlot C, it did not make sense. Gaffron asked for the Planning Commission's opinion regarding the cul-de-sac. Kelley stated that the cul-de-sac will run by the front of the Norton house. Bellows asked if it would be possible to locate the cul- de-sac further south where the grade is more flat. Baldwin stated that the MacMillans have a large garden in that area. Mrs. MacMillan asked why the cul-de-sac could not be located in Outlot B. Kelley stated that there are steep slopes in that area. Gaffron informed Bellows that placing the cul-de-sac more to the south may interfere with drainfield sites. Kelley asked if it would be sensible to take half of the cul- de-sac from the Nortons and the other half from the MacMillans. Bellows interpreted the City Engineer's recommendation to - 3 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1516-MACMILLAN CONTINUED include only the dedication of the cul-de-sac at this time. Gaffron's interpretation is that the cu3-de-sac be constructed at this time. Gaffron stated that clarification will be necessary. Larry Hanson said, "I have a strong suspicion that no matter where the cul-de-sac is located, once future development occurs, it will be in the wrong place.” Kelley stated that it would not make sense to move the cul- de-sac down toward to Fox Street. Bellows stated that perhaps the cul-de-sac does not make sense. Gaffron stated that from a safety aspect and the requirements of the Building Code, a cul-de-sac should be included. Gaffron asked Larry Hanson how wide the gravel portion of the road is. Larry Hanson replied that the gravel portion is 16' wide. Kelley quickly reviewed the issues involved with this application. The Planning Commission agreed that the grade is too steep to realign the Outlot as proposed by the City Engineer. Kelley observed that the existing 16' paved portion of the driveway will serve more houses than the gravel portion of the road. The City is asking that the gravel portion be constructed to meet City standards which require a 24' or 26' paved width. In regard to the tennis court, Kelley stated that it should be removed. Moos, Cohen, Kelley, Bellows and Johnson agreed that the cul- de-sac is not necessary. Kelley stated that Outlot C should be aligned along the existing driveway. As far as the upgrading of Outlot C, Kelley stated that the portion to be upgraded is beyond the driveway entrance of the new lot. Johnson suggested that Outlot C not be upgraded until Outlot B is developed. Bellows, Kelley, Hanson, and Moos agreed with Johnson. Cohen favored upgrading Outlot C to a 24 foot width. Johnson stated that Lot 1, Block 1, still presented a problem because of the fact that it is a buildable lot. - 4 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1516-MACMILLAN CONTINUED Bellows said, "The access to that lot is achieved from the west, rather than being served by a road within this subdivision. If it is the intention not to use this lot as a buildable site, then why cannot the lot be designated as an outlot?" Mr. Taylor stated that there are other parties involved with Lot 1, Block 1. That party is amenable to what is being presented this evening, but any variation of that would require their approval. Kelley stated that Lot 1 is already served by a driveway from the west. He suggested that a condition of approval be that in the event Lot 1, Block 1, is developed that it continue to be served from the existing driveway to the west. Mabusth asked what purpose Outlot A serves. Taylor explained that by agreement between the two parties, the property line for Lot 2 runs along the lakeshore. The owners of Outlot A kept the lakeshore and the portion to the west of the lake. Gaffron reviewed the proposed conditions for Outlot A (page 4, A through D, of Gaffron's memo dated 4/13/90). With respect to Lot B, Gaffron asked whether it could be combined with the adjacent property to the west since there is common ownership. Larry Hanson said that there is really no need to do that. He stated that Outlot B is a residual piece created so MacMillans could take title to the property with the caretaker structure. It was the consensus of the Planning Commission that the tennis court be removed. Johnson suggested allowing a specific time period for the structure to be removed, a realignment of the lot line, or the construction of a principal structure. Larry Hanson stated that actual measurements were not taken to determine its location on the property. He suggested that he be given the opportunity to measure. Gaffron explained that the issue is not the location of the tennis court, but rather that it would be an accessory structure with no principal structure. Bellows suggested allowing one structure to conform or be removed. year for the accessory Kelley indicated that the other accessory structures and the principal structure should be removed prior to the issuance of a - 5 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1516-MACMILLAN CONTINUED building permit for MacMillans' new residence. Baldwin asked if it would be possible to overlap that schedule to allow construction to begin while the estate of the applicant's mother is being settled. Taylor stated that it he cannot be certain that the existing house will be torn down. He said that the lot line may have to be realigned to preserve the house and the tennis court. Cohen said that Mr. Taylor's statement put new light on the information presented this evening. Mr. MacMillan explained that there are other heirs involved and the decision to remove the house is not solely his to make. Bellows suggested tabling this application because the information presented at this point is incorrect. Bellows said that the Planning Commission would probably be amenable to recommending an extension of time to remove the principal structure. Johnson preferred to see the house removed prior to the issuance of a building permit. He indicated that such a requirement is a consistent policy of the City and there should be no exception. There were no comments from the public regarding this matter and the public hearing was continued. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to table thi .3 application. Motion, Ay'2S“6, Nays-0, Motion passed. #1517 WHITNEY MACMILLAN 1560 FOX STREET CONDITIONAL USE PERMIT PUBLIC HEARING 8:07 P.M. TO 8:09 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information pertaining to the MacMillans' application to enlarge an existing pond. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Bellows, to recommend approval of the conditional use permit for reconstruction of an existing artificial pond, subject to staff's conditions 1 through 6. - 6 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE 11517-MACMILLAN CONTINUED Motion, Ayes-6, Nays-0, Motion passed. #1502 MICHAEL HILBELINK 2180 PROSPECT AVENUE VARIANCES CONTINUATION OF PUBLIC HEARING 8:10 P.M. TO 8:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Hilbelink was present for this matter. Mr. and Mrs. Jentilucci and their Attorney, Neil Heikkila, were also present. Mabusth briefly reviewed the information and recommendations from the City Engineer resulting from the March 19 Public Hearing. Mabusth referred to a letter that she had sent the Jentiluccis. Mr. Jentilucci had not received the letter due to an incorrect address. Mr. Heikkila explained the specific concerns of his clients. These concerns are also addressed in Mr. Heikkila's April 12, 1990 letter to the City of Orono. Mrs. Jentilucci stated that Mr. Hilbelink is going to build the new house and sell it. She questioned how the new property owners will be notified of their drainage concerns. Mabusth stated that if the lot area variance is granted, it would be subject to certain conditions. Mabusth said that a permit is required for any type of land alteration. The City will now be aware of the drainage concerns and will carefully review any land alteration applications to assure that those concerns are addressed. Kelley suggested that the Planning Commission only address the lot area variance due to the uncertainty of the house that is to be constructed. Kelley said that the City can require that the drainage requirements and setbacks be met as part of the building permit process. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of the lot area variance for 2180 Prospect Avenue. The hardship is that the lot has been assessed for sanitary sewer and was previously a buildable lot. Motion, Ayes-6, Nays-0, Motion passed. - 7 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING #1508 DONALD OLSON 4590 NORTH ARM DRIVE CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 8:26 P.M. TO 8:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Olson were present. Gaffron reviewed the information presented in his April 12, 1990 memo. Ms. Barbara Dunsmore, 420 North Arm Drive, expressed concern regarding the possibility of the horses being housed in front of the Olson's house. Kelley asked Ms. Dunsmore and Mr. Olson if either would object to a condition that the lorses and pasture area be located behind Olson's house. Mr. Olson stated that he had no intentions of housing the horses in front of his house. He said that he was taking this step first to see whether he could have horses on the property before he invested in the construction of a barn. Bellows questioned whether the City had any standards pertaining to proper sheltering of animals. Gaffron stated that the City did not have such standards. Bellows asked whether a requirement that the shelter be suitable for all seasons could be incorporated into the provisions of the conditional use permit. Kelley opined that such regulating was beyond the Planning Commission's realm of responsibility. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Moos, to recommend approval of the conditional use permit for Donald Olson to keep up to 2 horses on his property provided the horses are housed in a new, all season structure meeting proposed horse shelter standards and that both the animal enclosure and pasture be kept behind the line of the existing house. Hanson questioned whether staff had the proper knowledge regarding the housing of horses to enforce such provision. Gaffron stated that staff would have to do some research. Motion, Ayes—3, Johnson, Hanson and Kelley, Nay, Motion failed. It was moved by Kelley, seconded by Johnson, to recommend - 8 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1508-DONALD OLSON CONTINUED approval of the conditional use permit for Donald Olson to keep up to 2 horses on his property provided that both the animal housing structure and pasture be kept behind the line of the existing house. Motion, Ayes-4, Bellows and Moos Nay, Motion passed. ;i509 EARL FREEMAN 4545 WATERTOWN ROAD VARIANCE PUBLIC HEARING 8:37 P.M. TO 8:39 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Freeman was not present for this matter, nor was there a representative on his behalf. Mabusth reviewed the information in her April 11, 1990 memo regarding this application for variances for an existing accessory structure. Mr. Thomas Hallquist, 415 Deborah Drive, stated that he was concerned about public safety due to the condition of the accessory structure, well and storm cellar. Mr. Hallquist stated that the structure could remain if it was cleaned up. Hanson concurred with Mr. Hallquist and said that he w )uld be willing to give Mr. Freeman a limited amount of tin.« to entirely clean up the site. He suggested June 30, 1990. Johnson asked if it was Mr. Freeman's intention to sell the property. Mabusth stated that she understood that to be his intention. There were no further 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 the variances to maintain the accessory structure, conditioned on the following: That the site be completely cleaned, all debris and safety hazards removed by June 30, 1990. If this condition is met, the structure may remain with no principal structure until June 30, 1991. Bellows asked why Hanson was providing such an extended period of time. Hanson stated that Mr. Freeman resides out of State and that may cause more delays than if he resided close by. Motion, Ayes-2, Nays-4, Motion failed. Hanson suggested that staff inspect the site and make a list of all the items on the site that pose a safety hazard and should be removed. - 9 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1509-FREEMAN Cohen stated that Mr. Freeman should be asked to verify that he has insurance coverage for the property. It was moved by Bellows, seconded by Moos, to recommend approval of the variance to maintain the accessory structure provided that the lot is cleaned up and all items within the structure removed by June 15, 1990. If this condition is met, the structure may remain until December 31, 1990, subject to conditions 1 and 4 of staff's memo and that the structure remain empty at all times. Proof of insurance and the name of a local agent must be provided by June 15, 1990. Motion, Ayes-4, Hanson, Johnson, Nay. Hanson voted nay due to the time frame. Johnson voted nay due to the time frame and his preference to allow the structure to be used for reasonable storage. #1510 RICHARD W. BROWN 2685 SHADYWOOD ROAD GUEST APARTMENT CONDITIONAL USE PERMIT PUBLIC HEARING 8:45 P.M. TO 8:55 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Richard E. Brown, son of the applicant and purchaser of this property, was present. Gaffron explained the applicant's proposal and the facts regarding the property. Kelley said there is not much that can be done to correct the encroachment into the average lakeshore setback area. Kelley objected to the removal of non-structural hardcover in exchange for structural hardcover. Mr. Brown stated that he did not understand the issue of hardcover. Cohen, Johnson, and Bellows concurred. Gaffron stated that more than likely the applicant will cpt to remove hardcover from the driveway and/or sidewalks in order to maintain the 25% allowed. Bellows stated that there is no access to the apartment through the primary residence as required. Gaffron showed where the apartment accesses are located. Gaffron suggested giving the applicant an opportunity to provide an interior access. There were no comments from the public regarding this matter and the public hearing was continued. - 10 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1510-RICHARD BROWN CONTINUED Kelley asked Mr. Brown if he would prefer to table this. Mr. Brown stated that he would like the matter tabled. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to table this application. Motion, Ayes-6, Nays-0, Motion passed. #1511 CITY OF ORONO 2210 WAYZATA BOULEVARD CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 10:30 P.M. TO 10:32 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Johnson, seconded by Planning Commissioner Hanson, to recommend approval of the conditional use permit and a 7' setback variance. Motion, Ayes- 4, Nays-0, Motion passed. #1512 STEVEN RUCE 4625 WEST BRANCH ROAD AFTER-THE-FACT CONDITIONAL USE PERMIT PUBLIC HEARING 8:58 P.M. TO 9:13 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Ruce was present for this public hearing. Mabusth reviewed the issues involved with this application. Mabusth suggested that it may be appropriate for Mr. Ruce to apply for a Home Occupation License. Kelley asked Mr. Ruce if the commercial use of this property has intensified since the conditional use permit for the greenhouse was first issued. Mr. Ruce explained, "The garden has two purposes. The terraced area is used for growing plants to sell off-site in my garden business. I'm not a landscaper, I'm a garden designer and in order for me to make the business profitable, I grow the plants I can on the site rather than acquiring them from another source. The second reason for the garden is that I am interested in growing plants that I can cross-pollinate to create different varieties. I tried to make the garden aesthetically pleasing. The only mistake I made is that I did not go through the proper channels to do that. I'm sorry that happened. It was due to my own ignorance more than anything.” - 11 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1515-RUCE CONTINUED Kelley asked Mr. Ruce if he employs persons and if so, if they leave their vehicles at his house to go to various work sites. Mr. Ruce replied, "I have employees that come to the site and we take vehicles from the site. I have hired a person to work on the garden itself, but he is not an employee of my business and does not work for my clients. Hanson stated that he views the construction of the additional garage as an intensification of the site and that concerns him. He said that the expansion of the garden does not trouble him, but rather it is an appropriate use of the land. Hanson said that the Code does not work well if it makes no provision for addressing the issue of vehicles being left at the site by employees. Mabusth stated that vehicles are not to be parked on the site. Mabusth suggested that the Home Occupation may be more acceptable if the company vehicles were taken home by the employees rather than stored on this lot. She said that it is the way the applicant's home occupation is conducted that violates the intent of the Ordinance. Mabusth suggested that staff could work with Mr. Ruce to make revisions in the way the business is run. Mr. Laverne Dunsmore, a neighbor, stated that Mr. Ruce's property is beautiful and has been enhanced tremendously. Mr. Jim Steffinson, a neighbor to the west, said, "Steve's business is unlike any other. He is not a landscaper, he is a gardner and is very low key. You can talk to any of the neighbors and they will all agree that Mr. Ruce has very xittle impact on the neighborhood. It is a beautiful area and we would like it to remain." There were no further comments from the public regarding this matter and the public hearing was continued. Bellows indicated that she was only concerned with the trucks and the employees. Kelley indicated that he is concerned about employees going to work at a residential site. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to table this to allow time for staff to work with the applicant. Motion, Ayes-6, Nays-0, Motion passed. - 12 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING #1513 WALTER KRAHL 4775 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 9:15 P.M. TO 9:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information and issues pertaining to this application for hardcover and street setback variances. Hanson asked what the hardship is. Gaffron said that the lot is just under 1/2 an acre and is located in the 1 acre zone. He also stated that there are steep slopes on eiL';er side of the house. Mr. Krahl said if the rock and plastic was removed from the north side of the house, it would be difficult to grow grass or any other vegetation in that area. He said that there is a 65% slope toward the lake and that any fertilizers used would run directly into the lake. He suggested there may be less impact on the lake if the rock and plastic was allowed to remain. Mrs. Krahl added that they have a very tiny kitchen and dining room. They have been trying ‘-.o plan this addition over the course of 5 years. Mr. Krahl noted the _ they are adding 4' to the bedroom addition on the other end of the house because there is currently no alternate way to exit that room. He said that the bedroom windows are very small as the house was constructed prior to the Building Code requiring them to be larger. Johnson asked if the house existed prior to the platting of County Road 19. Gaffron showed that at one time the Krahl's property extended to the middle of County Road 19 and the traveled right- of-way was less. When the road was platted Krahl's lost approximately 5 to 10 additional feet of their property. There were no comments from the public regarding this matter and the public hearing was continued. Johnson stated that this lot is unique because of the steep slopes and the shared driveway arrangement. He believed that runoff would occur rapidly regardless of whether there is grass or structural hardcover. Kelley stated that he would not be in favor of such a large addition. He said that he might look favorably upon an addition that equals the size of the concrete patio. - 13 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING that the addition is ZONING FILE #15I3-KRAHL CONTINUE Bellows concurred with Kelley in ambitious for the size of the lot. Johnson asked how many square feet the addition will add to the house. Gaffron calculated that the addition will add approximately 900 s.f. to the size of the house. Kelley said that the footprint of the house would increase fifty percent. Hanson stated that this is one of those sites that probably should not be improved. The lot is developed to its capacity. Cohen stated that he would have difficulty approving this because it is trading non-structural hardcover that could be removed for permanent hardcover. Johnson agreed that the addition is ambitious. It was moved by Bellows to recommend denial of the harden: ver and street setback variances for Walter Krahl to construct an addition. Gaffron suggested asking the applicant if he would prefer to table this and bring back a less ambitious plan. Mr. Krahl requested tabling and Bellows withdrew her motion. It was moved by Hanson, seconded by Cohen, to table this application. Motion, Ayes-6, Nays-0, Motion passed. #1514 RONALD MILLER 270 WILLOW DRIVE NORTH VARIANCE PUBLIC HEARING 9:35 P.M. TO 9:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Miller was present for this public hearing. Gaffron reviewed the facts and issues involved with this application for a height variance for an accessory barn. Gaffron noted that it is the applicant's intention to move a barn onto his property from the Panuska property. Kelley asked Gaffron if he had heard anything further from the property owners on Harrington Circle. Gaffron stated that he had received several acknowledgment forms from residents on Harrington Circle. The owners of 253 Harrington Circle indicated that they object to a barn in a residential neighborhood because it will be higher than the - 14 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1514-MILLER CONTINUED houses. Gaffron said that their concern should be weighed with other facts such as the size of the barn in comparison to the houses and other structures in the area. He noted that the house at 253 Harrington Circle is higher than the barn will be. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked how much fill Mr. Miller intends to bring onto the property. Mr. Miller did not know. Kelley stated that if this application is approved Mr. Miller should have these specifications prior to Council reviev/. Kelley said that he would like Mr. Miller to suh>T,it site elevations depicting the floor level of the barn. Kelley asked whether the floor level is going to be above or below street level. Mr. Miller replied, "It is going to be 18" above the level of the road." Bellows agreed with Kelley. She said that a height variance cannot be determined without topographical information specifically showing the elevation of the barn floor compared to the house. Johnson suggested that the Planning Commission require that th.^ floor level of the barn be the same as the house. Bellows suggested tabling this. It was moved Hanson, seconded by Bellows, to table this ^'Application. Mr. Miller indicated that the barn may not be available to him if this is tabled. Hanson withdrew his motion. It was moved by Johnson, seconded by Hanson, to recommend approval of the height variance for an accessory barn provided that the applicant submit a topographic survey placing the barn on the lot one week prior to Council review. The height of the barn shall be no more than 4' above the height of the house. Councilmember Callahan stated that it may be appropriate to grant a height variance for an existing barn being moved onto the site. He questioned, however, whether it was the intention of the Planning Commission to allow the height variance should Mr. Miller construct a barn structure. Kelley stated that the height variance will only apply to the existing structure being moved from the Panuska property. Any other structure that Mr. Miller may construct, must conform to the height requirements. Kelley asked if the Planning Commission would give Mr. Miller a variance - 15 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1514-RONALD MILLER CONTINUED if more than 100 cubic yards of fill is needed to maintain the height. It was the consensus of the Planning Commission that such a variance would be granted. Johnson amended his motion to include those provisions, Hanson seconded. Motion, Ayes-6, Nays-0, Motion passed. (Bellows departed at this point) Gaffron noted that the applicant had submitted a letter which made reference to the potential need to construct a barn structure should the Panuska barn be unavailable. Gaffron stated that he had not addressed that issue with the applicant. He asked that Mr. Miller be given the right to come back to the Planning Commission with the same application if the Panuska barn is not available. Kelley stated that he would not object if the City Administrator agrees. Kelley noted however, that he will not recommend approval for a variance for a new structure. #1515 JEFFREY JOHNSON 3825 CHERRY AVENUE CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 9:54 P.M. TO 9:58 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Johnson removed himself from any discussion or voting of this matter in the capacity of a Planning Commissioner. Mabusth reviewed the information contained in her memo v^ted 4/12/90. She noted that the Hennepin County Property Description office has confirmed that they will approve the legal combination of these parcels. Mabusth stated that the property is divided by an unimproved platted right-of-way. She said that vacating the right-of-way would not be beneficial to the applicant. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the variances requested to provide riparian access and a dock for 3825 Cherry Avenue based on the hardships set forth by the applicant and subject to conditions 1 through 4 in staff's memo dated 4/14/90. Motion, Ayes-4, Nays-0, Johnson abstained. Motion passed. #1518 BIG ISLAND VETERAN'S CAMP CONDITIONAL USE PERMIT PUBLIC HEARING 10:00 P.M. TO 10:02 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. - 16 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1518-BIG ISLAND CONTINUED Mr. Alan Wisdorf, a member of the Board of Governors, was present. Mabusth referred to her 4/12/90 memo regarding information and staff's concerns regarding this application. Mr. Wisdorf explained that the cabins will not be accessible to the handicapped. The plan is to construct the basic cabins at this point and add the water and kitchen facilities at a later time. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Moos, to recommend approval of the conditional use permit for expansion of the overnight camping use, allowing 5 cabins to be included in the overnight tent camping area based on site plan included as Exhibit "J". Approval is also recommended for the variance allowing pier foundations instead of standard block foundations. Approval is based on conditions 1 through 10 of staff's memo dated 4/12/90. Kelley asked if the applicants have met all requirements set forth in previous resolutions. Mabusth replied that they have. Motion, Ayes-5, Nays-0, Motion passed. #1520 GERRY & DIANE CARLSON 3165 CASCO CIRCLE VARIANCES PUBLIC HEARING 10:03 P.M. TO 10:P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information and issues involved with this application. Kelley asked if the hardcover calculations included only the area around the pool, not the water surface. Gaffron stated that is cor set. It was the consensus of the Planning Commission that an increase of 6% hardcover in the 75-250' setback area is not acceptable. Kelley stated that the Planning Commission has consistently denied requests to encroach beyond the average lakeshore setback line. Hanson noted that in this case, the encroachment occurs with a grade level structure. - 17 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1520-GERRY CARLSON CONTINUED Conen agreed that the average lakeshore concern - setback was not a Mr. Jeffrey Anderson, Architect, explained that the increase in the 75-250' hardcover occurs mainly because of the garage and driveway. He said, "We feel we have improved the situation. VJe added bituminous, the garage is virtually the same size. By eliminating the need to back onto Casco Circle, we have improved the safety factors. However, we had to increase the hardcover in order to do that." Kelley agreed that the safety conditions would improve. Kelley stated that he would approve the new garage provided that hardcover is maintained at 25%. Kelley stated that this is an intensification of the property. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked the Carlsons if they would prefer to have this matter tabled to allow them to revise their plan. Ms. Carlson stated that she would prefer to proceed to Council. Gaffron noted that should the Carlsons proceed only with the proposal for the garage and driveway, they will still exceed 25% hardcover. He asked the Planning Commission for direction. Kelley said if the old garage is torn down, the new garage must conform to the standards. Kelley suggested constructing a two-car garage rather than a three-car garage. Mr. Carlson stated that he had received a letter from the City at the time they obtained the permit for the addition. He said that the letter offered the opinion that a request for a three-car garage and 27% - 28% hardcover would appear to be reasonable. Gaffron stated that the City would not have made such statements without a disclaimer. Mr. Carlson said that there were full disclaimers, but that was his interpretation. He asked if the Planning Commission would consider the three-car garage if they withdrew the request for the pool. 25%. Kelley reiterated his position that hardcover not exceed It was moved by Cohen, seconded by Kelley, to recommend - 18 - H MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1520-GERRY CARLSON CONTINUED denial of the variances requested in Application #1520. Motion, Ayes-4, Nay-0, Hanson abstained. (Cohen departed at this point) SKETCH PLAN REVIEW #1519 FULLERTON PROPERTIES WILLOW DRIVE AND COUNTY ROAD 6 Mr. Joe Franks was present Gronberg, Surveyor. for this review, as was Mark Mr. Franks stated that it v/as not appropriate for staff to request that they provide a loop road to the north as well as an extension of the private road to the south. He said that the County preferred that there be no access from County Road 6. Mr. Franks suggested that the road to the south could be looped by including the southern property at the time it is subdivided. Kelley stated that if a loop road were constructed to County Road 6, the City would probably, at some point, maintain it. Kelley asked Franks how that would affect the homeowners association. Franks replied that the homeowners could vote to disband the association. Hanson asked if the private road would be constructed to City standards. Franks standards. replied that it would be constructed to City Kelley stated that due to the increasing traffic and speed of traffic on County Road 6, he would prefer to have the loop road to the south. Franks noted that the existing out-buildings located on the lot with the original homestead will be removed. The condition of the principal structure is being reviewed to determine whether it can be updated to conform with the homes that will be constructed in this subdivision. APPROVAL OF MINUTES OF MARCH 19, 1990 It was moved by Hanson, seconded by Kelley, to approve the Minutes of the March 19, 1990 Planning Commission Meeting. Motion, Ayes-4, Nays-0, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Sarah Moos would attend the May 14, 1990 Council Meeting. - 19 - MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ADJOURNMENT It was moved by Hanson, seconded by Johnson, to adjourn the meeting. Motion, Ayes-4, Nays-0, Motion passed. The meeting adjourned at 10:35 p.m. - 20 - I Tad Jude COMMISSIONER Board of Hennepin County Commissioners 5 19902400 Government Center Minneapolis , Minnesota 55457 \hK( May 1, 1990 The Honorable James Grabek Mayor, City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jim: The Hennepin County Board will hold budget priority hearings beginning May 10, 1990, and going through June 14, 1990. This is an excellent opportunity for concerned citizens to share their thoughts with county board members as to budget priorities and process before the detailed budget work is done. I expect that commissioners and county staff will reflect the outcome of these hearings in the final budget in November. You and the city of Orono are welcome to participate. As you probably know, the county budget totals nearly one billion dollars for 1990, and serves one million plus people who live in Hennept^ County. The meetings will be held at A2400 Government Center, Minneapolis, and will begin at 9:30 a.m. on the following dates: May 10, 1990: State and Federal mandates and their impact upon the quantity of County provided services. May 17, 1990: Attaining a balance between preventative vs. treatment services in order to maximize the service results of available funding. May 24, 1990: Model service delivery and payment mechanisms. (How can we deliver services more effectively, and upon what basis should the County charge for them) May 31, 1990: Financial resource constraints, including fiscal disparities, tax shifting and reimbursement formulas. June 7, 1990: Budget prioritization and management processes, i.e.. How should we spend available funds among types of generic services such as highways, social services, health, etc. Serving the communities of: Corcoran • Dayton • Deephaven • Excelsior • Greenfield • Greenwood Hanover • Hassan • Independence • Long Lake • Loretto • Maple Grove • Maple Plain • Medicine Lake Medina • Minnetonka Beach • MinnetrisU • Mound • New Hope • Orono • Plymouth • Rockford • Rogers St Bonifacius • Shorewood • Spring Park • Tonka Bay • WayzaU • Woodland I .1li June 14, 1990: Off-budget County expenditures and their relationship to the main budget process and priorities, i.e.. Railroad Authority, Housing Redevelopment Authority, etc. If you would like to be scheduled to speak, please contact Ms. Becky Ross at 348-4019 to address the board on any or all of the above issues. I look forward to working with you on these and other issues to come before the board. Sincerely, ■h T'3 I f- REPORT OF THE NOMINATING COMMITTEE I TO: Member City Officials FROM: Gary Bastian, Chair RE: Committee Recommendations Pursuant to Article IX, Section 3 of the By-Laws, a Nominating Committee was appointed by the Board of Directors and is recommending the following persons for your consideration. FOR PRESIDENT:Larry Bakken, Councilmember, Golden Valley (current Vice-President) FOR VICE PRESIDENT: Bob Long, Councilmember, St. Paul FOR BO/OID DIRECTORS: (Nine to be elected - Eight for Two-Year terms) (Incumbent)♦Karen Anderson Don Ashworth William Bums Joan Campbell Dave Childs Betty McCollum Marilyn Corcoran Gloria Vierling Gene White Councilmember Manager Manager Councilmember Manager (Incumbent) Councilmember Mayor Councilmember (Incumbent) Councilmember Minnetonka Chanhassen Fridley Minneapolis New Brighton North St. Paul Dayton Shakopee Prior Lake ONE-YEAR TERM CONTINUING BOARD MEMBERS: (One-year remaining in term) Bonnie Balach Bill Barnhart Sharon Klumpp Bemie Peroz Don ReuDStad Craig Rapp Tom Spies PAST PRESIDENT Walt Fehst Gary Bastian Jerry Dulgar Tom Egan Edwina Garcia Peggy Kelly Sharon Klumpp Paula Maccabee Dennis Schneider Dave Unmacht Asst, to the Mayor St. Paul Gov't. Relations Rep.Minneapolis Administrator Oakdale Councilmember Burnsville Councilmember Maple Grove Manager Brooklyn Park Councilmember Bloomington Manager Robbinsdale ’EE MEMBERS: Councilmember Maplewood Manager Crystal Mayor Eagan Councilmember Richfield Councilmember Edina Administrator Oakdale Councilmember St. Paul Councilmember Fridley Manager Prior Lake association ofmetropolitan municipalities April 27, 1990 Dear Mayors, Councilmembers, and Managers: Enclosed is a draft of the Mission and Membership Services Task Force final report recommendations. The report contains some very significant recommendations which will require careful consideration by the membership. To give you adequate time to review these recommendations prior to the Annual Meeting, we are sending this report to you before the final Task Force review. The Task Force will meet one more time to go over this draft, so there may be a few changes but probably not major ones. Please read the report and consider the recommendations. We would like to have a good discussion at the Annual Meeting to obtain your input to establish the future directions of the AMM. Sincerely, Kevin Frazell, Chair 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 ASSOCIATION OF METROPOLITAN MUNICIPALITIES REPORT OF THE 1990 MISSION AND MEMBERSHIP SERVICES TASK FORCE TASK FORCE MEMBERS Kevin Frazell, City Administrator, Cottage Grove, Task Force Chair Mentor "Duke" Addicks, Legislative Liaison, Minneapolis Bob Benke, Mayor, New Brighton Gary Jackson, City Manager, Coon Rapids James D. Prosser, City Manager, Richfield Marilyn Corcoran, Mayor, Dayton Nancy Jorgenson, CounciImember, Fridley Tom Spies, CounciImember, Bloomington Katherine Trummer, Mayor, South St. Paul Larry Bakken, CounciImember, Golden Valley Bob Long, CounciImember, St. Paul Lu Stoffel, Mayor, Hastings INTRODUCTION The League of Metropolitan Municipalities (LMM) was originally created in 1967, as a subsection and affiliate organization of the League of Minnesota Cities <LMC). The impetus for forming the LMM was the creation of the Metropolitan Council, and the growth in importance and pov;er of the regional operating agen­ cies. It was felt that the cities of the seven-county metropolitan area needed an organization, separate from but complementary to the LMC, to interact with those agencies. In 1974, the LMM merged with the Suburban League of Municipali­ ties to become the Association of Metropolitan Municipalities (AMM). As the needs of AMM member cities have changed over the years, the Boaro of Directors has strived to keep the organization relevant. During the late 1970's and throughout the 1980's, the Association's focus has broadened from strictly "metropolitan" affairs, to protecting the interests of member cities in state­ wide issues with unique impacts for the metropolitan area. The most prominent recent example is the distribution of state aids to local governments. In 1984, the Association convened its first Mission and Membership Services Task Force to do an in depth study of the AMM and recommend needed changes. The major concern of that Task Force was the proliteration of splinter municipal lobbying groups within the metropolitan area. The 1984 Task Force was concerned that the AMM could lose its viability as an umbrella organization for all metro­ politan cities in the face of a growing number of smaller groups with differ­ ences of opinion on the allocation of state aid resources. The group made 13 recommendations, all of which have since been implemented, with the exception of expanding the staff. The final recommendation of the 1984 report was that the Mission and Membership Services review process should be revisited every five years. Fortunately, predictions of any demise of the Association were ill-founded. Since the 1984 report was issued, five additional communities (West St. Paul, South St. Paul, Arden Hills, Blaine and Shoreview) have joined AMM. Tne Member­ ship now includes 68 metropolitan cities, covering over 90 percent of the popu­ lation in the seven-county area. This is an all-time high for the Association. Ironically, one of the splinter groups which existed in 1984, the Municipal Caucus, has since gone out of existence after concluding that its aims and purposes were not that different from those of AMM. The meetings of this year's Mission and Membership Services Task Force, however, have taken place within the context of an increasing split between the metropo­ litan area and Greater Minnesota over taxation, local government aid, and other state fiscal policies. The Task Force has studied carefully how the AMM might be a more effective and united voice at the legislature on behalf of all cities in the seven-county metropolitan area. The Task Force has also considered the Association's relationship to the League of Minnesota Cities, and how it might help strengthen that organization in serving the interests of all cities throughout Minnesota. - 1 - At the same time, the Task Force has not neglected the original focus of AMM, which was to monitor and work with the metropolitan agencies. Of particular concern is the observation that as AMM has become involved in more and more statewide issues, the staff has had a very noticeable decrease in the amount of t ’»e available to be spent in the area of metropolitan affairs. The Task Force feels st’^ongly that the AMM should not only correct its decreased activity in metropolitan oversight, but should actually become proactive in helping set the regional agenda. Richfield City Manager Jim Prosser and Golden Valley CounciImember Larry Bakken have drafted a revised “PURPOSES" Statement for incorporation in the Association bylaws. This document, attached as Appendix A, has been adopted by the Task Force as a recommended mission statement for the Association. In a nutshell, the recommended mission is wel1-summarized in the first item of that Purposes Statement: To serve as the exclusive and primary representative of the collec­ tive interests of all m^ropolUan cities on metropolitan-wide and statewide issues with unique metropolitan significance. To further that goal, the Task Force has made several observations and numerous recommendations for specific actions to enhance the success and performance of the Association. Those are set forth by topical area as follows, and prefaced by brief background material. During its deliberations the Task Force received input and advice from a number of resource persons. They are listed in Appendix B. The Task Force wishes to express its gratitude for their time and counsel. - 2 - RELATIONSHIP TO THE LEAGUE OF MINNESOTA CITIES As indicated in the introduction, the Association of Metropolitan Municipalities was originally created as a subgroup of the League of Minnesota Cities and remains in that status today. As such, we are the only organization entitled to an ex officio (with voting privileges) seat on the League Board of Directors. We are considered an "affiliate organization" of the League for the purposes of adopting legislative policy. The Association offices are located on the first floor of the LMC building. Cities in the seven-county metropolitan area comprise approximately 15 percent of the LMC membership, but because of their size pay about one-half of the LMC dues. The Task Force met with LMC President Millie McCloud, as well as Executive Director Don Slater. A member of the Task Force, New Brighton Mayor Bob Benke, currently serves as vice president of the League. The Task Force observations are that the League of Minnesota Cities and the Association of Metropolitan Municipalities have maintained a very positive working relationship. Despite the split in the LMC membership over local government aid policies, the AMM has never taken a legislative position in direct opposition to any adopted policy of the League. In fact, LMC and AMM lobbying staffs work cooperatively in many areas of policy agreement (sLch as pay equity, labor relations law and tax increment financing). Officials from Greater Minnesota have raised concerns about the relationship between the League and AMM. Specifically, it has been questioned whether the AMM should have the ex officio seat on the Board, and whether the relationship between the staffs of the two organizations has been compromisingly close. Due to these concerns, as well as our own concerns about the effectiveness of AMM as an affiliate organization of the League, the Task Force considered carefully whether the AMM should be incorporated as a separate entity. RECOMMENDATIONS 1. Because of division in its membership, the LMC has been neutralized from effective lobbying on some critical issues like local government aid. This means that the AMM must become more vocal and assertive on behalf of its member cities in these policy areas. At the same time, we wish to support the efforts of LMC to bring together its membership on divisive issues, and we encourage AMM member city officials to become more actively involved in the LMC, creating a metropolitan constituency group and perspective within the LMC. 2. We recommend that the Association not be incorporated as a legal entity separate from the League of Minnesota Cities. We wish to be supportive of the LMC, and to encourage AMM member city officials to become more active in the League. We feel that this goal can be best accomplished in our current status as subgroup of the League. - 3 - 3. We recommend that the AMM reject any requests that 1t give up the ex officio seat on the LMC Board. The Task Force feels strongly that we have lived up to the guidelines and spirit under which we are an affiliate organization (i.e. not taking contrary lobbying positions). We would support other organizations which might wish to come into the LMC under the same rules and guidelines as the AMM, including the designation of Board seats for such organizations. 4. We recommend that, as long as possible, the AMM offices remain in the LMC building. We feel that to move from the building would undermine much of the cooperative working relationship that exists between the staffs of the two organizations. It would also be expensive for the AMM to acquire the overhead and support services that it currently purchases from LMC. However, expansion of the AMM staff may make a move from the existing LMC building ur^voidable. 5. We recommend that the AMM Board and Membership focus its agenda by refer­ ring more of the non-divisive statewide issues to the LMC for lobbying on behalf of all member cities, both metropolitan and Greater Minnesota. - 4 - LOBBYING Legislative policy adoption and lobbying have become the major focus for the Association, growing steadily over the years. When the Association was formed in 1974, it had two standing policy committees and 35 legislative policies. Today the Association has five standing committees, and the membership has adopted over 100 legislative policies for the current biennium. In addition, several ad hoc study committees for specialized topics (i.e. land use legisla­ tion, metropolitan significance rules, group homes) have been formed in the past few years. Intrusion by the legislature into local affairs has increased dramatically in recent years. At the same time, other municipal lobbying groups, most notably the Coalition of Greater Minnesota Cities, have aggressively promoted tax poli­ cies that are detrimental to the collective interests of the metropolitan area. Consequently, the AMM lobbyists have been challenged to accomplish more and more at the legislature, without any significant increase in resources. Legislators with whom the Task Force met described our lobbying staff as com­ petent and well respected. At the same time, the legislators admitted that the aggressive, and sometimes even abrasive tactics used by other municipal lobbying groups have probably led to more success in accomplishing their agendas. In response to these concerns, the AMM for the first time hired contract lobbyists during the 1990 session. Legislators expressed their frustration with the increasing regionalism of city lobbying groups, and urged us to show a concern for the entire State at the same time we more actively pursue the interests of the metropolitan cities. also suggested that having a better data base for lobbying would be helpful in pressing the AMM position. RECOMMENDATIONS 1.The AMM should seek to be seen as the organization with the authority and credibility to speak on behalf of aTT cities in the seven-county metropoli tan area. 2.The AMM has become "spread too thin" in the number of policy issues it Is lobbying, and needs to limit active involvement to three types of issues: Issues of concern only to metropolitan cities - i.e. interaction with Metropolitan Council and operating agencies. Chapter 509 Watershed Management Organizations, etc. b) Statewide legislation with unique impacts in the metropolitan area - i.e. land use, solid waste, tax increment financing, etc. Statewide issues where the interests of the metropolitan area may be different than, and at times even contrary to, those in the remainder of the State - i.e. local government aid formulas - 5 - I 3. 4. 5. 6. 7. 8. Specific suggestions for limiting our most active legislative agenda items to these topics is included in the section on committees and the policy adoption process. The AMM's lobbying efforts in the property tax area have been hindered by lack of immediate access to a computerized property tax model. The Task Force recommends that the AMM Board of Directors closely monitor the progress of the League of Minnesota Cities in developing a property tax model that is useable and immediately accessible to all cities. If this proves inadequate to meet our needs, the AMM membership should be prepared to bear the expense of developing its own property tax modeling system. The AMM should be proactive, and not just reactive in its legislative posi­ tions. For example, the AMM has never produced its own recommended formula for distribution of local government aids, and should consider doing so. At the same time we become more proactive, we should also stay on the high road, adopting positions that reflect responsible public policy for the entire State of Minnesota. AMM member city officials should become more active and involved in the League of Minnesota Cities and its policy study committees. In some cases, we may find ourselves lobbying the LMC, rather than the State legislature, to pursue particular policy positions that are of common interest to all cities in the metroplitan area. The AMM should increase the amount of time it spends one-on-one with legislators explaining AMM positions. We should also hold metropolitan legislators more accountable to the AMM agenda by developing and publish­ ing a "scorecard” following each legislative session. In pursuing our legislative agenda, we should "pace ourselves", realizing that lobbying is an ongoing process. Policy positions should be pursued not only for immediate gains, but for maintaining a long-term positive relationship with the State government and with the League of Minnesota Cities. - 6 - 1 COMMITTEE STRUCTURE AND POLICY ADOPTION PROCESS u The Association currently follows a procedure whereby potential legislative policies are brought forth and considered for adoption in the five standing policy committees (revenues, metropolitan agencies, transportation, housing and economic development, general legislation). As indicated earlier, the Associ­ ation currently has over 100 adopted legislative policies. The policies have been divided into categories as to level of effort in lobbying. The AMM now finds itself actively involved in issues that are not limited in interest to the metropolitan area, even where our positions are similar to those of cities in Greater Minnesota. The best recent example 'S pay equity, where the AMM position is almost identical to that of the League of Minnesota Cities. Yet because of the high visibility and strong feelings surrounding this issue, many member cities expected the AMM staff to be active in lobbying on this issue. There is also the dilemma of issues that are of interest to a single city, or a limited number of cities. The AMM Board and staff have attempted to be respon­ sive to the needs of each member city, but a question is raised as to whether it is fair to take time and resources away from issues that are of more importance to the broader membership. The Task Force discussed at length what to do about issues that are divisive among our own members, for example fiscal disparities or funding for combined sewer overflow abatement. A majority of the committee concluded that the AMM should not avoid taking definitive positions on these issues, as it would be left neutralized on issues of high importance to a large number of city offi­ cials and thereby foster the growth of still more splinter groups. Finally, the Task Force examined the five standing policy committees, concluding that they are working well and that none should be eliminated. In fact, it was speculated that as new social and legislative problems appear (i.e. the drug crisis) there will likely be a need for additional standing or ad hoc committees The Task Force further suggests that there may be utility in having a broad- based "futures" committee to simply help the organization anticipate and be prepared for pending issues. RECOMMENDATIONS The Association needs to focus most of its resources and effort on the few issues of very highest priority to the entire membership. At the same time, the AMM should not narrow its agenda to the point that it loses the interest and support of its broad base of cities. In order to accommodate the legitimate interests of all member cities, we recommend that AMM create an "endorsed" category of policies. These would be policies of interest to a limited number of cities, or those where the League of Minnesota Cities or some other group might reasonably be expected to adequately represent the interests of metropolitan cities. With the AMM "endorsement", the AMM would be officially on record as supporting these policies, but not actively involved in lobbying or initiating legislation. - 7 - 3. The existing Legislative Coordinating Committee (LCC) should be the "screening and dividing" group for determining lobbying priorities and deciding which policies will be "endorsed" and referred to other groups (i.e. LMC) for lobbying. 4. The AMM should not avoid taking definitive positions on issues that are controversial among its own membership. While such avoidance may "buy peace" in the short term, in the long term it neutralizes the effec­ tiveness of the organization, undermining its credibility with legislators and causing the proliferation of splinter groups surrounding special issues. The AMM should make use of dispute resolution services, such as the Office of Dispute Resolution in the State Planning Agency and the Mediation Center, a private non-profit community mediation service based in St. Paul. We recommend that the Association strive to achieve real consensus on divisive issues, and not merely concurrence through a majority vote. Committee chairs as well as Board members might benefit from professional training in mediation resolution. 5. The two-thirds majority vote requirement for adoption of legislative policies should be retained. - 8 - OTHER METROPOLITAN LOBBYING GROUPS The Task Force met with Minnetonka City Manager Jim Miller, regarding the Muni­ cipal Legislative Commission, and Brooklyn Park Mayor Jim Krautkramer repre­ senting the Northern Mayors' Association. The Task Force observation is that the AMM has been able to form effective and cooperative relationships with these specialized groups, and that they should not be seen as a threat to the AMM. As indicated in the introduction, an additional splinter group which existed in 1984, the Municipal Caucus, has since gone out of existence. RECOMMENDATIONS 1. We recommend that the AMM strive to be the organization seen as legiti­ mate voice to speak on behalf of all cities in the seven-county metropoli­ tan area, while recognizing the legitimate need of some breakoff groups for special purposes. 2.The AMM should not perceive existing specialized groups as a threat, but attempt to maintain a cooperative and mutually supportive relationship. 3.We recommend that the AMM maintain its openness to all cities in the seven- county metropolitan area, resisting any impetus to limit membership to a more limited group (i.e. suburban caucus). - 9 - ■ RELATIONSHIP TO THE METROPOLITAN COUNCIL AND OPERATING AGENCIES As indicated in the Introduction, monitoring and oversight of the Metropolitan Council and regional operating agencies was the original focus of the Association of Metropolitan Municipalities. Yet in recent years, involvement with the Council and agencies has suffered appreciably as the AMM staff has had to spend more and more time supporting the work of its own committees and lobbying on statewide issues. In fact, the staff indicated that it now has almost no time for any involvement with the Metropolitan Council during the legislative session. The AMM currently nominates to the Metropolitan Council eight names for appoint­ ment to the Transportation Advisory Board, The Association actually appoints ten to the Transportation Advisory Committee. That system seems to be working well. In contrast, the AMM, along with several other metropolitan area asso­ ciations, was recently given legislative responsibility for suggesting appoin­ tees to the Regional Transit Board. That process did not go well. The Board of Directors did not limit the number of people recommended for appointment to the vacant seats, and the Metropolitan Council heeded very few of its re:.< ~n.:?n- dations in making their selections. During its background work, the Task Force discussed the Metropolitan Council at some length- with several legislators, as well as the current Chair of the Metropolitan Council and a former executive director of the Citizens League. There was a general feeling among the legislators that the Council has not been effective in performing its functions well. At the same time, it was suggested that the CounciImembers are frustrated due to their lack of a "real clout" and constant legislative undercutting of their authority to accomplish the work for which they are responsible. With no consensus in the legislature or in the metropolitan area as to the appropriate amount of authority that should be vested in the Council, many metropolitan regional issues get resolved vis-a-vis the political process of the legislature. The shortcoming of this approach is that the metropolitan area is giving up some of the authority to set its own agenda. There is also some con­ fusion and ambiguity over the relationship of the Council to the Governor, who is responsible by law for appointing its members. It was suggested that the AMM could very definitely be of help in defining the proper role for the Council and the operating agencies, and in mustering legislative support to enact needed changes. RECOMMENDATIONS 1. The AMM should become more proactive in helping set the metropolitan agenda. Historically we have placed ourselves in somewhat of a watchdog or adver­ sarial role with the Council and operating agencies, merely reacting to the proposals put forward. We should become more positive in identifying areas of legitimate regional involvement, and help to set the goals and objec­ tives to be pursued by regional government, as well as the parameters within which that work will be carried out. - 10 - 2. We need to “be there". It is estimated that an AMM staff member should be at the Metropolitan Council and agencies from eight to sixteen hours per week, interacting with the CounciImembers and the staff, and keeping affected cities informed and up-to-date as to what is happening in regional government. Other responsibilities have kept the staff from a full commitment to this vital role, and this shortcoming should be corrected expeditiously. 3. The appointment of members to the Transportation Advisory Board and Technical Advisory Committee seems to be functioning well, and should continue as present. 4. The AMM should continue to support its legislative responsibility to nomi­ nate persons for appointment to the Regional Transit Board. The AMM Board of Directors should do a better job of screening the applications which are received, so as to indicate to the Metropolitan Council those people that it truly wants appointed to the RTB. 5. The Task Force recommends that the AMM pursue the possibility of the creation of a merit selection board for the nomination to the Governor of persons to be appointed to the Metropolitan Council. The selection board would include representatives appointed by the Association of Metropolitan Municipalities, the Metropolitan Intercounty Association, the Citizens League, the League of Women Voters, etc. Statutory authority to give the new selection board credibility and authority should be pursued. The merit selection board would replace the screening committee currently appointed by the Governor. 6. Finally, the Task Force recommends that the AMM be the impetus for creation of a blue ribbon committee to study and better define the mission, role and purposes of the Council and regional agencies. While AMM would be the host, it would be important to involve other government associations and "good government" groups. Also, the the task should be approached in a spirit of cooperation with the Metropolitan Council members. The study of the blue ribbon committee should include alternatives for the selection and ;»npointment of Metropolitan Council members. - 11 - PUBLIC RELATIONS If, as suggested in the revised Purposes statement, the AMM is to be the exclusive representative of the collective interests of the metropolitan cities, then it is important that the Association increase its visibility in the eyes of the legislature and the general public. The Task Force reviewed and endorsed the work of the AMM's Legislative Coordinating Committee Public Relations Subcommittee to establish a public relations system to inform the public, including media, legislators, and AMM legislative contacts about metropolitan city issues. RECOMMENDATIONS 1. 2. 3. 4. 5. 6. 7. Media contacts should be identified in each AMM-member city vis-a-vis a legislative contact response form. Legislative contacts in each city should be responsible for interaction with local newspapers, radio, city newsletters, cable television, etc. The AMM should identify contacts within the major metropolitan area media, both print and electronic. A delegation from the AMM Legislative Coordinating Committee should meet with major newspaper staffs early in legislative sess^'ons to discuss AMM priorities and positions. Media contacts, both local and metropolitan wide, should be invited and encouraged to attend our legislative breakfasts. During legislative sessions, we should issue specific press releases on AMM priorities, and response to important issues (i.e. tax policy) as changes are proposed. At the conclusion of each legislative session, we should issue press releases on the AMM's legislative agenda, and how well we believe the legislature met the needs of metropolitan area municipalities. We recommend that AMM develop a "report card" of priority issues with ratings for each legislator. These should be distributed to member cities with suggestions for potential local use. We need to identify potential allies on Commerce, League of Women Voters, etc. important issues, i.e. Chambers of - 12 - COMMUNICATIONS WITH MEMBER CITY OFFICIALS The Task Force feels that the AMM needs to develop a metropolitan "conscious­ ness” amc/ig member city officials, so that they will buy into and promote the AMM's agenda. Unfortunately, CounciImember time is scarce, making it difficult to insure that each and every member city official is well-informed and aware of AMM activities, policies and priorities. The first recommendation of the 1984 Task Force report was that the AMM should expand its effort to communicate directly with all elected officials in member cities, as opposed to only mayors and city managers. Since that time, the AMM has had differing distribution lists for different types of communications. Apparently, this is causing a great deal of confusion, and may actually be causing a decrease in consistent communications. RECOMMENDATIONS 1. 2. 3. 4. The AMM should strive to publish a short executive summary of legislative positions that could be quickly read by member city officials who don't want the "full shot". An AMM contact person, preferably the City Manager, should be developed in each city. All communications should be sent to that one contact person, with them taking responsibility tor seeing that the material is dupli­ cated and sent to all members of the governing body. The AMM contact person will also be responsible for reporting on AMM activities at the Council meeting. Member cities should be encouraged to place discussion of AMM policies and issues on regular City Council agendas to ensure that all elected officials are kept aware of AMM activities, as well as to increase the Association's visibility with local media. Each member of the AMM Board of Directors should commit to make a brief presentation at for or five surrounding City Council meetings once each year on AMM policies, and activities. - 13 - WORKLOAD AND STAFFING When originally formed, the AMM had four full-time staff members. Shortly thereafter, in response to a financial shortfall, the staff was cut to three and has remained at that number since. During that time, the number of legislative policies has increased from 35 to over 100, and the number of legislative study committees from two to five. The Association has taken on other responsibilities including the license and permit survey, and coordination and administration of the Metropolitan Salary Survey. With more time being spent on lobbying of statewide issues and support for committees, there has been a decided time shift away ^rom interaction with the Metrooolitan Council and operating agencies. Yet the is the only organiza­ tion providing any real oversight of these agencies, ror example, we are usually the only commentor on the Metropolitan annual work program and budget. The AMM Membership has come to expect more involvement by the Association, not only in metropolitan issues, but in tax policy, pay equity, tax increment financing, and other areas of statewide concern and involvement. The 1984 Mission and. Membership Services Task Force report recommended very stronaly that the Board of Directors seek ways to add a staff member. Yet this is thp •’iv one nf the 1984 recommendations that has yet to be implemented. To quo’ ‘at report, "the present staff simply cannot adequately cover all the critic issues, agencies, committees and the legislature." The present Task Force report, if ultimately adopted and implemented by the Board and membership, will only serve to increase the workload significantly. RECOMMENDATIONS 1. The Task Force strongly recommends the Board of Directors add a staff person. We further recommend that this person have responsibilities in: a. communicating with member cities and maintaining the legislative contact system b. public relations, including media contacts c. staffing some of the standing and ad hoc legislative committees d. some monitoring of Metropolitan Council and agency activities, particularly during the legislative session. 2. With regard to lobbying at the Capitol, the Task Force observes that this effort will fluctuate from time to time. Therefore, it is recommended that increased efforts in this area be handled through use of contract lobbyists. - 14 - DUES The membership dues for the Association are currently set at 46 percent of a member's dues ^or the League of Minnesota Cities. Since the League dues are set in part on a per capita basis, this works out to AMM dues ranging from a high of 30 cents per capita for Woodland to a low of 4 cents for Minneapolis. The dues for an average sized city of 30,000 population are $5,100, or about 17 cents per capita. Compared to other city lobbying organizations, the A^f1 is a bargain! For example, the Coalition of Greater Minnesota Cities charges its members 40 cents per capita, plus from time to time, an additional 20 cents per capita for "special projects". Dues for the Municipal Legislative Commission are approxi­ mately 35 cents per capita, to a maximum of $12,500. If the AMM Board of Directors and membership are to implement our recommendation to add a staff person, a dues increase beyond the rate of inflation is inevi­ table. In addition, the “St of developing the computerized property tax model, if determined necessary, ill be a considerable initial expense, and require ongoing personnel and data gathering costs. RECOMMENDATION 1, In order to implement the other recommendations in this report, the AMM Board of Directors and membership should be prepared to adopt a dues increase in the range of 20 to 25 percent above the rate of inflation. The Board may wish to look at ways of phasing the dues increase over a two to three year period. 2. The Board and membership should also be prepared to provide financial sup­ port for development and maintenance of a property tax modeling system, if the LMC system fails to materialize or is determined inadequate to meet the lobbying needs of the AMM. - 15 - m SUMMARY AND CONCLUSIONS The Association of Metropolitan Municipalities is now in its 16th year. During its relatively short existence, the Association has experienced many diffi­ culties and challenges. Examples include the 1976 Metropolitan Land Planning Act and the more recent debates over local government aid. Despite predictions for the demise for general purpose organizations like the Association, the AMM is now at an all-time high of 68 member cities, repre­ senting over 90 percent of the population in the seven-county metropolitan area. The cities of the region apparently believe that they are getting a good value for their membership dollars. However, despite the successes of the past, the twelve members of this years Mission and Membership Services Task Force have concluded that this is no time to rest on our laurels. We face c' ^^’lenges from other city lobbying groups whose interests are contrary to those of the metropolitan area, as well as a generally hostile attitude by the State legislature toward cities. At the same time, the complexity of governing the metropolitan area is increasing geometri­ cally, meaning that it is more important than ever to work together if we are to effectively serve the citizens of our respective communities. The Task Force concludes that in order to remain viable and relevant, the AMM must become more proactive, more collaborative, more focused and more assertive. The AMM provides the only meaningful vehicle for the cities of the metropoli­ tan area to express in a united voice the important perspective of local govern­ ment. The issues at stake are simply too important to abandon the playing field and leave all the important decisions to others. The Association was originally formed out of several metropolitan area splinter groups who had originally felt that they had little in common, but came to realize that the things they did have in common were far more than those that divided them. The challenges of today are certainly no less than those that faced our cities in the past. Our test will be whether we can continue to be an effective voice for the collective interests of the cities in this metropolitan area, and to pass that test will require two things: 1. A renewed ability and commitment to come together through our com­ mittees and 19-member Board of Directors to reach a consensus on the critical issues that face us. 2. The ability to effectively, and with a united front, promote the policies we do adopt to the Governor, the legislature, the Metropolitan Council and the regional operating agencies. The Mission and Membership Services Committee feels that the recommendations set forth in this report will set us well on a course to accomplishing just that. We commend it for your consideration and thoughtful action. - 16 - APPENDIX A PURPOSES The purpose of the Association of Metropolitan Municipalities shall be to: 1. 6. 7. 8. 9. Serve as the exclusive and primary representative of the collective interests of all metropolitan cities on metropolitan wide issues and state wide issues with unique metropolitan significance. Promote collaborative problem solving efforts between and among cities, the State, the Legislature, private interests and other public interests. Effectively express in a unified voice, policies concerning the structure, powers and other matters relating to municipal government for the municipalities in the metropolitan area to the Legislature, Metropolitan Council and agencies, LMC, media and cities. Serve as a forum through which all municipalities or groups of municipalities may develop and propose policies and positions on matters on concern to the metropolitan municipalities and develop strategies for advocating those policies and positions. Serve as a forum for the interchange of ideas and information among municipalities in the metropolitan area and to foster intermunicipal cooperation. Assist member cities resolve disputes with other cities and agencies. Develop and provide, either alone or in concert with League of Minnesota Cities or other organizations or agencies, programs of technical assistance to member municipalities. Establish specific prioritized agenda, including Legislative proposals to address member community needs. government in the metropolitan area to the State Legislature, in particular, and to the public at large. pertinent research projects. 11. coordinate the efforts of AMM members to promote their interests within the League of Minnesota Cities. ij Enhance the Quality of life in the metropolitan area and its 12. I^f^s by prSJloting.elficient and progressive service delivery systems for our residents. - 17 - I APPENDIX B List of resource persons who consulted with the Task Force: ^0 Vern Peterson, Executive Director, Association of Metropolitan Municipalities Roger Peterson, Director of Legislative Affairs, Association of Metropolitan Municipalities Donald Slater, Executive Director, League of Minnesota Cities Jim Miller, Minnetonka City Manager and Representative of Municipal Legislative Commission Jim Krautkramer, Brooklyn Park Mayor, President of Northern Mayors' Association Millie McCloud, President, League of Minnesota Cities State Representative Phil Carruthers (DFL-47B), Chair of Metro Affairs Subcommittee of House Local Government and Metropolitan Affairs Committee State Representative Alice Johnson (DFL-51A), Vice Chair of House Local Government and Metropolitan Affairs Committee A1 Loehr, Legislative Administrative Assistant to Senator Bob Schmitz (DFL-36), Chair of Senate Local and Urban Affairs Committee Steve Keefe, Chair, Metropolitan Council of the Twin Cities Ted Kolderie, Former Executive Director, Citizens League of the Twin Cities 1990 - 18 - c- - , t . -t- t»V-- I.AKE WINfJEI'^rjKACONr.tnVAMUM DISiniCF TO:Those who received the LMCD April Ag Notice SiU FROMI LMCD DATE: April 23, 1990 SUBJ: Board Meeting Date Correction APR 2 4 19G0 We regret the wrong date on the April Agenda notice, but we trust you all had the 25th on your calendar. Please be advised that Wednesday, April 25, 1990 is the correct date for the LMCD regular meeting in April. Sorry for any inconvenience this may have caused you. ■■ ■'?- ' r'.- - • '• . . y. r • aaaciBksiiiE.-- LAKE MINNETONKA CONSERVATION DISTRICT WATER STRUCTURES & ENVIRONMENT COMMITTEE AGENDA 7:30 a.m., Saturday, May 12, 1990 cnvoF ORONC JfAY 7 199C 1. Dock license renewals as approved by/or time elapsed by cities, per listing through 5/11/90 2. Temporary low water variance requests (as may be submitted, item open to late submittals) 3. Bean's Greenwood Marina minor adjustment to 1990 dock license requesting move of slip #101 from location next to slip #98 to location next to slip #6. 4. Environmental Assessment Worksheet draft for city of Deephaven special density application for 8 new slips 5. Marina practice through public advertising to secure boat storage on trailers in lieu of slip storage, to compensate for slips out of service due to low water 6. Use of lake water for lawn sprinkling, proposing that cities assist LMCD in campaigning for voluntary compliance in conjunction with published sprinkling control programs as each city may require 7. Lake inspection tour, recommending inspection priorities be identified for the 8 a.m. to 11 a.m. tour, following a brief June 9 Water Structures Committee meeting to address issues of timely significance 8. Progress update on Priority Study items as related to the moratorium ordinance, specific to: a. Wetlands as a consideration in measuring total shoreline * Staff communication to cities requesting assistance in wetland Inventory b. Review of the 100' and 200' dock extension rule/policy * Staff to review multiple dock licenses which extend beyond 100' c. Amenity Value Study following initial recommendations of 2/5/90 * Further subcommittee assessment of amenities as determined from staff assessment of types of amenities now in place from special density licenses issued in the past three to five years 9. Additional business ENVIRONMENT 1. Eurasian water milfoil operating personnel progress; weed harvesting program: a. Operating personnel Interview/hiring progress b. Equipment purchase progress c. Training and starting progress preparations 2. UFO program progress 3. Draft Lake Minnetonka Dredging Policy Interagency agreement as presented following initial review of MN DNR, MCWD & LMCD 5-3-90 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 May 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 23 LMCD Board of rirectors' Regular Meeting 7:30 p.m.. Tonka Bay City Hall Friday Eurasian Water Milfoil Task Force 8:30 a.m.. Freshwater Foundation, Navarre Monday Tuesday Memorial Day Holiday, LMCD office closed 29 Launching ceremonies, 1990 Eurasian Water Milfoil weed harvest program. Spring Park public access 4-30-90 MAY 1990 Sat 5 Sun 6 Sat 12 Sun 13 Thur 17 Sac 19 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 EVENTS SCHEDULE MAY 1990 Consolidated Races 8:30 am lower lake 1:30 pm lower lake 8:30 am, 10:00 am, and 2:00 pm lower lake 10:00 am and 1:30 pm, lower lake 6:15 pm lower lake 8:30 am, 9:30 am, 1:30 pm and 3:30 pm lower lake; 2:00 pm upper lake Sun 20 Thur 24 Fri 25 Sat 26 Westonka MDA crapple tournament Sun 27 Consolidated Races MN/WI Pro-Am Bass tourney Mon 28 Consolidated Races Tue 29 " " Thur 31 ” .1 ■• w* • • ■ '^r• "v' ,5/1/90 • ■ ' vi. ’■' ■' 9:30 am and 1:30 pm lower lake 10:30 am upper lake 6:15 lower lake 6:00 pm lower lake 10:00 am and 2:00 pm lower lake 2:00 pm upper lake 7:00 am to Noon, Spring Park Bay 10:00am, 11:00 am and 1:30 pm lower lake 10:30 am upper lake Maxwell Bay Marina 10:00 am lower lake, 10:30 am upper lake 6:00 pm lower lake 6:15 pm lower lake 1 V—'* ■" ;V.T“ .V" Z'ta, I'ry > t t * * . :v- . .l.'Y. ;-Mr--V . .. V.. •*.'*. . .-'rr -.•‘tr-rr'. • ^ . - V - - --.1* •, ; V •• •*», V E NEWSLETTER f ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 INDFPFNDENCF LONG LAKE MAPI E PLAIN MEDINA MINNETONKA BEACH ORONO 685 OLD CRYSTAL BAY ROAD LONG LAKE. MINNESOTA 553S6 473 7313 ORONO SCHOOL BOARDDavid McKown, Chairman 479-1692 Don Anderson. Vice Chairman 479-1810 Lucie Taylor, Treasurer 473-1189 Kittv Crosbv. Clerk 478-6037 Jim Franklin. Director 479-2130 John Maresh, Director 475-3197 MAY, 1990 ISSUE NO. 9 Superintendent's Notes On Wednesday, April 18, a brief ground breaking ceremony was held signaling the beginning of construction for the planned classroom and swimming pool facility. Board of Education members were assisted by student representatives from each of the District’s schools in turning the first shovels of dirt. Completion of the building is scheduled for December, 1990. Occupancy is planned for the second semester of the 1990-1991 school year. To date the focus has been on planning, design, finances and all of the necessary pre-construction elements. Now our attention will shift to the actual construction and to instruction. While monitoring the construction, faculty and administration will be developing a plan for the integration of swimming into the physical education curriculum. Community Education staff will be working to plan for community use of the new facility! The new classrooms arc anxiously awaited and will bring relief to both the Schumann and Middle School buildings. The new facility will also bring relief to the many residents who have traveled to the basement of the high school in search of the Community Education Office. Community Education will move to the new facility making it easier for residents to register for classes and conduct business. This also positions the Community Education staff to oversee the community use of the pool. Needless to say we arc excited about a new building on the main campus. More important however, are the new possibilities this facility provides. Space is an essential resource and ingredient in meeting the needs of our students. Dr. Thomas B. Mich Superintendent ; % V Teacher of The Year The Orono Education Association is proud to announce that Orono's 1990 Teacher of the Year is Doug Erickson. Doug has been an American History/American Literature teacher at the High School for the past 1 years. He was selected by a panel of judges after being nominated by parents of a student who attends Orono High School. His nomination credits him with being "an innovative teacher providing higher-level concept and encouraging a joy to learning." Doug's philosophy of education is an emphasis on "process more than product," how the student acquires the information more than the actual informaMon. As a result of having to complete a required career unit in the ninth grade he became a teacher. His science teacher encouraged him and it is that impression he recalls with a great deal of respect. Doug is the Student Senate Advisor and has coached a variety of sports, both boys and girls, since coming to Orono. It is through these activities that he has had many opportunities to encourage and develop self-confidence, selKrespect and self-worth with his students. Congratulations and best wishes to Doug as he enters competition for the 1990 Minnesota Teacher of the Year. 1Guidance at a Glance Upcoming Test Dates: SAT: June 2,1990 Registration Deadline 4/27/90 Late Registration Deadline - 5/4/90 ACT: June 9,1990 Registration Deadline 5/11/90 Late Registration Deadline - 5/25/90 Preliminary Scholastic Aptitude Test (PSAT) The PSAT is available to all juniors and will be given in October 1990. It is an opportunity to experience taking a college entrance exam and also is the qualifying test for National Merit Scholarships. There will be a sign up period during the month of May at the high school. Sophomores considering a four year college are encouraged to sign up in the guidance office. Summer Jobs Applications are now available in the guidance office for summer job opportunities through the Suburban Hennepin County Summer Jobs Program. This program is federally and state funded and is open to youth ages 14-21. VVo also have applications for work at county- parks and a variety of other summer work posted on the job board. National Honor Society Induction and Awards Evening The National Honor Society induction ceremonies will be held on Tuesday, May 15 at 8:00 p.m. in the Orono High School auditorium, ^ven juniors and twelve seniors will be inducted into the National Honor Society with a candle lighting and pinning ceremony. Juniors and seniors arc eligible to be considered for membership if they have a cumulative grade jxiint average of "B" (3.0) or better. Further consideration is based on ratings of each student ’s scholarship, leadership, character, and service during their ♦ me in high school. Membership is the highest honor that Orono High School can bestow upon those students who have exhibited exemplary academic and personal qualities. In addition to the induction ceremonies, a part of the evening will be devoted to the awarding of local and school district scholarships to graduating seniors. This is a very special evening for these students who have worked so hard to get to this point in their lives. It is also a very special evening for the parents, family and friends to see their student receive the recognition they deserve. Everyone is invited! High School Counselors 473-5472 CALL WITH YOUR QUESTIONS Ms. Woyteke - all students with last names A-K Mn Wasbotlen - all students with last names L-Z All-District Directory The Orono School District is planning another All- District Directory for the 1990-1991 school year. Our intention is to get information out earlier thit; you in hopes that the bulk the work can be done over the summer and the D: ..ory will be ready for Open House at the various buildings in the Fall. If you have questions or in-put regarding the Directory or the Parent Communication Net Work, please call Kathy Hayes at 476-6920 or Julie Palmer at 475-3220. We welcome your ideas and suggestions. If you would like to volunteer to work on this project, you can contact these people any time and your interest will be enthusiastically received. Open !House for 9riarveC ^ongart Sunday, 9day 20 2:00 ■ 4:30 p.m. ‘PuBCic is zoeCcome CBUdren are encouraged to attend! 'TT Band Registration The annual registration of new band members will be held on Thursday, May 17 from 2:45 to 6:30 p.m. in the Middle School band room. Any student from the present fourth grade class through high school is eligible to register. If you already have a band instrument, bring the instrument and your child to the Middle School. For your convenience, there will be an instrumental display in the cafeteria where you m?y wish to rent or purchase an instrument. As in past years, there will be a fee charged for band • ‘udents. For further information contact Glen Johnson at 473-7301 or Frank Schulz at 473-5472. NOTE: Parents who will be new to the band program are encouraged to attend the May 11 band instrument demonstration for fourth graders at 9:30 a.m. in the Auditorium. JCOOO o Fine Arts Festival !-[Tfie annual hu)h school Fine \‘}Arts Festival wilt be held 5Thursday, !May 10, in the ”high school auditorium ^and on the gym- ^mezzanine, li^orhs oj art !by the high school art department will be displayed beginning at 7:00 p.m. with concerts by the high school choir and band beginning at 7:30 p.m. This is free to the public. >c^ccccccoccccccc>oc^ Memorial Day On Monday, May 28, the high school band will again march at Long Lake and Maple Plain at their annual Memorial Day Parades. A program will be presented at both loca^ons. High School Band Trip The Orono High School Band will be leaving on Friday evening May 4 for their annual Spring band trip. They will perform at a contest in Chicago on Saturday, May 5, and then spend the day at 6-Flags-Over- Mid-America in Gurney, Illinois. They will leave for home on Sunday, May 6. Notes from the High School Parent Council Meeting May 8,1990 High School Cafeteria 7:00 - 7:45 Ope?: i <• 7:45 - 8:00 Coffee aiiv^ s 8:00 - 8:30 Parent Organization Planning At the last Parent Meeting (April 10), a Parent Coordinating Council was formed to provide the structure for an on-going parent group. Any parent interested in helping coordinate this new High School Parent Oganization please attend the May 8 meeting. This will be the last Pi. ent Meeting for the school year. Open House An Open House is being planned for Mr. Frank Schulz by the parents of his present and former students. Mr. Schulz has been Li.e instrumental music director at Orono Schools for many years. In appreciation of his years at Orono all students, former students, parents, friends and family are invited to an Open House on Saturday, June 2nd from 2 - 4 p.m. at 2080 Salem Court, Long Lake. This will be a time to visit with Frank and find out what his next "career” will be and where he will be. Plan to come and enjoy some conver .tion with "old ” friends and new. If you have questions regarding this event, please call Kathy at 476-6920. Activity Calendar DISTRICT WIDE ACTIVITIES 5/1 Continuing Ed. Mlg, RM 110, MS..............3:20 pm 5-5 ECFE Super Saturday at OPS.....................10:00 am 5/6 Teacher Appreciation Week 5/15 School Board Meeting at MS.......................9:30 pm School Board Election cll day 5/28 NO SCHOOL 5/29 School Board Meeting. . .........................7:00 pm ELEMENTARY ACTlVmES 5/1 Elementary Musical in HS Gym.......................7:00 pm 5/2 Grade 3 to Murphy’s Landing...........................9:15 am 5/3 PTA Family Fun Night at Cheepskate.......6:00 pm 5/8 May Birthday Party 5/22 June Birthday Party 5/28 NO SCHOOL 6/1 Elementary Gr. 1-3 Play Day INTERMEDTATEAilDDLE SCHOOL ACTIVITIES 5/8 IS/MS Band Concert, Aud.................................7:30 pm 5/17 IS/MS Band Registration...................................2:45 pm 5/28 NO SCHOOL 5/30 MS CAPS Award Day (all day) 5/31 IS/MS Vocal Concert at MS.........................7:30 pm HIGH SCHOOL ACnVITlES 5/1 Tennis at Centennial..................... 4:00 pm 5/2 Softball at St. Bernards......................................4:00 pm Baseball at 31ake.................................................7:00 pm Boys Golf at Minnehaha.....................................4:00 pm 5/3 Track-Tri-Metro Relays at Blake........................4:00 pm Tennis at Brooklyn Center..................................4:(X) pm Girls Golf - St. Bernards......................................4:00 pm 5/4 Track Conference Relay at Biake.......................4:00 pm Softball at Mound...............................................4:00 pm Boys Golf - Breck................................................4:00 pm 5/5 Tennis - Edina Metro.........................................8:30 am 3/7 Softball at Brooklyn Center................................4:00 pm Baseball - St. Bernards........................................4:00 pm Girls Golf at Breck..............................................4:00 pm Boys Golf at Blake..............................................4:00 pm 5/8 Track - Shakopcc & Buffalo...............................4:00 pm Tennis - Mahtomedi...........................................4:00 pm 5/9 Softball - Farmington.........................................4:00 pm Baseball - St. Agnes............................................4:00 pm Boys Golf - Farmington......................................4:00 pm 5/10 Tennis - Cross Over Match................................4:00 pm Fine Arts Festival................................................7:30 pm 5/11 Junior Senior Prom Boys (Uolf at Mahtomedi....................................4:00 pm 5/14 Softball at St. Agnes...........................................4:00 pm Baseball at Centennial........................................4:00 pm Girls Ck)lf - Conference Tournament 5/15 Track - Conference at Brooklyn Center.......4:00 pm Softball Districts 17A at Loretto Tennis - St. Paul Academy..........................4:00 prn National Honor Society 5/16 Baseball at Minnehaha...............................a4:00 pm Tennis - Tri Metro Conference at Blake.......9:00 am Boys Golf - Conference Toum. at Dahlgren Golf 5/17 Track - Tri Metro Conference at B.C............4:30 pm Softball - District 17A at Loretto Tennis - Tri Metro Conference at Blake......3:00 pm 5/18 Baseball - Brooklyn Center.........................4:00 pm 5/21 Baseball - District (21 & 24) Tennis - Sub Sections (21 & 26) 5/22 Senior Athletic Awards, Aud.......................7:30 pm Softball - District 17A at Loretto (22 & 24) 5/26 Tennis Section & Section Tournament 5/28 NO SCHOOL 5/29 Baseball - Region ’7A at Delano (29 & 30) Tennis - Section Tournament, Individuals (29 & 30) 6/1 Tennis - State at 98th St. Racquet Club (6 & 9) 6/7 Last Day of Gasses Commencement 6/8 Teacher Workshop Day Board Revieiv Regular Meeting March 12,1990 • Proclaimed the week of March H -17,1990 as Orono Middle School Education Week. • Authorized the district to make application for K -1 individualized learning development aid. • Accepted the low bid of A.C., Inc., Long Lake, MN for asbestos removal at the middle school. • Rejected the electrical bids on the new construction and called for new bids. • Accepted the low bids, with the electrical contract exempted, for the new construction as recommended by the Construction Manager. • Rejected section C950 with the low bid of Architectural Sales and in its place accepted the bid of Ceilings, Inc. • Authorized the Facilities Committee to examine the issue of electrical bids with Ron Christenson and the school district attorney with the understanding that a special meeting will be called regarding this issue in order to meet construction deadlines. Special Meeting March 19,1990 • Rejected the electrical bids on new construction and called for new bids. r I Honors for H. S, Teacher Sara Engel has been chosen to participate in this year’s PEL ( Preparing Education Leaders) program sponsored by the Minnesota State Board for Vocational Technical Education, Minnesota Department of Education and the Department of Vocational and Technical Education at the University of Minnesota. Sara was chosen from over forty applicants and and is the only secondary public school instructor participating this year. To be eligible, applicants must be vocational educators demonstrating written communication skills, motivation, professional commitment, leadership and planning skills. This year’s twenty six participants will develop leadership skills, career plans and explore their administrative potential. Some of the goals of the program are to develop competencies in the following areas; 1. Communications 2. Leadership and personnel management 3. Public relations Congratulations, Sara! Orono is very proud to have you chosen to participate in such an important education program. S) MOMS in May Meet Orono Moms will be meeting on Friday, May 18 from 1-3 p.m. at Trinity Lutheran Church, 2060 County Road 6, Long Lake. This month's meeting is hosted by Shirley Rezabek (475-3801) and Irene Harnett (476-6876). All Orono Moms are invited to this informational, social get- together. Bring a friend and plan to come for an afternoon of stimulating conversation and opportunities to meet other Orono Moms. If you have questions, please call Shirley or Irene. r- .. --mk Jodie Heyerdahl, Sarah Brown, Gretchen Craven, Erin King, Rachael Fulkerson "All American" The National High School Gymnastics Coaches Association recently named the Orono High School gymnastics team as an All-American Team. Scores of a certain caliber must be met several times during the season for individuals and the team to qualify. Orono Gymnasts, Rachel Fulkerson, Erin King, Gretchen Craven, Jodie Heyerdahl, Sarah Brown, and Chiara Wood were members of the All-American Team at Orono. Individual All-American honors went to five Orono Gymnasts: 1. Erin King - Floor Exercise 2. Rachel Fulkerson - Vaulting 3. Gretchen Craven - Uneven Parallel Bars, Floor Exercise, and All Around 4. Jodie Heyerdahl - Uneven Parallel Bars 5. Sarah Brown - Floor Exercise, Vaulting, Uneven Bars and All-Around. Coaches Connie Priesz and Bob Komma were also awarded certificates as part of the All-American team. Athletic trainer Missy Strauch and Athletic Director Wayne Smith were honored with certificates also. 'This has been a very rewarding year for the gyr.inastics team and for many individual gymnasts. The honors keep coming, and the Orono Gymnasts deserve them! commented Coach Connie Priesz. Continuing Educatior The Orono Continuing Education Ce. e will be holding its final mooting of this school ye «*■ * May 3 at 3:20 p.m. in the Middle School Room 110. Clock hour forms (in duplicate, with appropriate verification forms) and license renewal forms should be turned in io Evy Zacher in the district office or to a member of the committee by noon of that day foi processing. Marvel Bongart Continuing Ed. Secretary Make The World A Little Sit ler This Summer Wondering what to oo with the teenager this summer? How to help them not be bored? How about bringing a bit of Europe into your home by hosting a foreign student during a few weeks in July? These students have studied English and are anxious to practice their skills. They have their own medical insurance, own spending money and want to participate, not be "guests", in an American family. Those families who have had the chance tc share their home and daily life with a foreign stu ent have found the experience to be exciting, challenging and rewarding. If you would like more information r have already decided to "adopt" a European student for a few weeks, call Bob Neumann at 473-5472. IIIGil SCHOOL COMMENCEMENT THURSDAY, JUNE 7 7:30 PM PES^^^'HN STADIUM Weather Permitting Public is welcome! g NEWSLETTER AOMINItTRATION OTFICf SUMMER PIRNS The Orono Summer School and Community Education Brochure has been mailed. Vou still haue plenty of time to sign up for Community Education programs, trips and euents. Call the C.E. office at 473-4879 for more information! School Age Child Care The Orono Board of Education has authorized Community Education to proceed with plans to develop a School Age Child Care Prr;;n-am. This program will start the first day of school next fall. A letter is being mailed out to all parents of children who will be in kindergarten next year through 6th grade. If you do not receive a letter, please contact the Community Education office at 473-4879. U S rosiAcc PAID lc"9 lo4». Mw. ntMtNO 17 ^Ay iQdo [Lake Minnetonka Cable Communications 443 OAK STREET • EXCELSIOR. MINNESOTA 55331 • (612) 474-5539 DATE: TO: FROM: RE: May 7, 1990 LMCCC Directors and Member Cities Jennifer Watts, Administrator Enclosed materials Attached are the materials for our upcoming full Commission meeting to be held Tuesday^ May 15, at 5:00 F.M. in the Excelsior City Council Chambers. For new directors, the couru'il chamber is located on the second floor of the city hall and can be accessed by the Third Street entrance to the fire station. We will be conducting the election of officers and at-large members to the Executive Committee at this month's meeting. Th*=* nominating committee will present its list of nominees, and nominations from the floor will also be accepted. The 1989 franchise fees were received in February, and as a restilt of an increase in revenues for the cable operator, ot:r fees were higher than the projer ed number used «iuring the 1990 budget proce.ss last summer. The budget committee met to revi.ee the 1990 budget based on the real figures, and the revised budget will be presented for your approval at this meeting. Having just returned from the Regional NFLCP conference in Milwaukee that took plac.» last weekend, I am happy to report this organization was able to draw a number of notable presenters who contributed to the .success of a well planned and organized conference. This month our agenda includes a request to sponsor attendance to the national conference of the NFLCP in July. The NFLCP membership includes public access profes­ sionals, producers and advisors, along with attorneys, govern­ ment officials and educators. The national conference is an important one, particularly this year, since it will be held in the nation's capital where numerous judicial and legislative activity related to cable regulation and access is taking place. If yo«i have any questions regarding the meeting next week, please give mo a call. If you are unable to attend please 1-ave word with the office by Tuesday morning. May 15. Looking forward to seeing you next we*=k. r,«;- 4'- . LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING TUESDAY, MAY 15, 1990 EXCELSIOR CITY COUNCIL CHAMBERS (LOCATED ABOVE THE FIRE STATION) 339 THIRD ST., EXCELSIOR AGENDA I. II. III. IV. V. VI. VII. VIII. VIIII. Call t.o Order Approval of April minutes Reports r a) Officers b) Administrator c) Triax Request to approve Budget Revision Election of Officers Request to sponsor attendance to the NFLCP National Convention in July Unfinished Business New Business Adjournment HIMUTES LAKE HIMMETONKA CABLE COHMISSION EXECUTIVE COMMITTEE MEETING APRIL 17, 1990, 5:00 P.M. EXCELSIOR COMMUNITY TELEVISION STUDIO I. CALL TO ORDER Chairman Anderson called the meeting to order at approximately 5:05 P.M. DIRECTORS PRESENT Tom Anderson/Medina Lesley Hughes-Seamans/Tontca Bay David Stahr/Excelsior Jim Sxartwood/Long Lake Barb Brancel/Shorewood Shirley Logelln/St. Bonifacius Andrew Welnzlerl Jr./ St. Bonifacius OTHERS PRESENT Jennifer Watts/Admln II. APPROVAL 0? MINUTES Anderson asked for discussion of the minutes or a motion to approve. Motion 4.17.90.1: Hughes-Seamana moved to approve the minutes of the February meeting, Brancel seconded. The motion passed unanimously. III. REPORTS Treasurer's Report Admin. Watts presented the Treasurer's Report for the 1st quarter, (attachment 1) Anderson asked for any comments or questions. There were none. Watts then presented the Just Claims for March and April. Anderson asked for comments or a motion to approve. Motion 4.17.90.2: Brancel moved to approve Just Claims for the peprlod of 2/21/90 through 3/20/90, seconded by Stahr. Motion carried unanimously, (attachment 2) Motion 4.17.90.3: Brancel moved for approval of Just Claims for the period 3/21 through 4/17/90, seconded by Stahr. Motion carried unanimously.(attachment 3) Administrator's Report Administrator Watts updated the committee on access activity and noted quarterly equipment use and programs produced. She said she had sent out the first newsletter for the LMCCC and Studio on 4/10/90. Other items of interest: 1. The Panasonic camcorder was currently at Alpha Video for repair. 2. The Commission does have 35000.00 in capital fundo available this year. Admin. Watts will have a recommendation to the Commission by the middle of the summer for the expenditure of those funds. 3. Watts has spoken tc Ric Hanson regarding full- scale maintenance of studio and equipment, and they agreed that I LMCCC MINUTES Page Two April 17, 1990 this should be done after the move from the Excelsior Community Center. She did not have an update on the status of that move but Hanson had indicated that once a dollar amount for leasing space was determined, they would work with a realtor to find appropriate space. 4. Elections are scheduled for May, and a committee is generally selected to encourage participation in the Executive Committee. Two or three people are needed for this task. Anderson appointed Barb Brancel, Jim Olds and Lesley Hughes-Soamans to that committee. COMMISSION NEWS Admin. Watts reported aha had received numerous correspondence from national, local and regional organizations requesting responses to the activity on Capitol Hill regarding cable issues and had passed most of this on to the commissioners, recommending they respond with their feelings to the appropriate legislators. She also included a brief report on one of the Senate Subcommittee hearings that had been cablecast on C-Span on April 5. Regional Cable 6 in Minneapolis will be hosting a lunch on April 23 for cable administrators to meet with Peter Bradley, the new Executive Director. Since Watts will be on vacation. Gay Jacobs had suggested one of the Commissioners attend. No interest was expressed. The last Regional 6 Board meeting minutes indicated they had approved the purchase of playback equipment for their programming, currently being done at Northwest Community TV in Brooklyn Park. Watts said that change would not affect the distribution of that signal, which comes from Midwest Cable and Satellite. CONFERENCES Watts reporded there are a number of conferences scheduled between now and the end oZ the year that Commissioners should be aware of: Women in Cablecasting, April 20/21, Northwest Comm.TV NFLCP Regional- May 4-6, Milwaukee NATOA May 3-4, Annapolis, MD NATOA June 7-9, Austin, TX NFLCP July 25-29, Washington, D.C. NATOA Annual Meeting, September, Dearborn, MI COMPLAINT UPDATE Admin. Watts had discussed the lack of service in Watertown Rd. and County Rd. 6 areas with Tom Wlmler and his findings showed an insufficient density level in either of those areas for Triax to bo required to provide service. It was difficult to verify those findings without upd^‘«d maps which LMCCC MINUTES Page three April 17, 1990 Admin. Watte does not have. Trlax staff indicated those maps were in the process of being made available to her. TRIAX REPORT Rio Hanson was unavailable for the meeting, but had provided the monthly report: Homes Passed Basic Subs Total Pay Units Total A/O's Total Remotes 11,770 5,698 3,906 3,410 2,642 Hanson had also submitted a check for miscellaneous video funds and tape stock totalling the 43000.00 yearly allocation provided to the Commission by Triax. Admin. Watts had also received a year-end revenue report sent to Triax at the end of last year. IV. REQUEST TO APPROVE SALARY RANGE FOR PRODUCTION COORDINATOR. Watts reported that an ad has been placed in the major metropolitan newspapers for the Production Coordinator position provided for in the staffing proposal that was approved in February. Watts had also run a Clerical Holp Wanted ad in the Sailor Newspapers and had hired a person foi 20 hours a month for 47.00 an hour. That person is Kathe Ehlert and she would start on May 2. Admin. Watts Indicated that she had received 90 resumes to date on the Production Coordinator position. Interviews for that position would take place the week of May 14-21, a decision would be made the week of May 28, with the position starting as soon as possible. Hughes-Seamans and Swartwood indicated an interest in being part of that interview process. Anderson asked Watts to expound on the salary range for that position. She reviewed the description and qualifications, some of which appeared in the ad. The salary range of 47.50 -49.00 was recommended by Watts, with full benefits as stated in the personnel policy. This recommendation was based on a survey done of other metro-area access production staff positions. Anderson asked for questions, there were none. Motion 4.17.90.4: Brancel moved to approve the salary range and job description; Seamans seconded. Motion carried unanimously. V. REQUEST TO APPROVE CONTRACT WITH W.F.DENNY FOR THE 1989 FINANCIAL REVIEW. Watts noted that the proposal from W.F.Denny stated they would provide the service for 2260.00 (Last year's cost was 42145.25.) Motion 4.17.90.5: Swartwood mov*»d to approve contracting the services of W.F.Denny to perfrrm the financial review, Brancel seconded. Motion carried unanlmoi' ly. LMCCC MINUTES Page four, April 17, 1990 VI. NFLCP REGIONAL CONFERENCE Watte aaked approval to aponaor attendance at the NFLCP Regional Conference in Milwaukee May 4-6, She Indicated the coat would be i450. The Wlaconsln chapter of the NFLCP is among the oldest and moat active in the countrv, Watta said, and their conferences are generally well organized and informative. Admin. Watts indicated that attendance at other conferences could be addressed at the May or June meetinga. Motion 4.17.90.6t Anderson moved to aponaor attendance to the Regional NFLCP conference in Milwaukee for Admin. Watts, Hughes- Seamans seconded. Motion carried unanimously. VII. REQUEST TO APPROVE PURCHASE OF MUSIC LIBRARY CONTRACT WITH DeWOLFE MUSIC LIBRARY. Chairman Anderson aaked Watta to comment on this request. Watts noted she had included a copy of correspondence from DeWolfe and the Music Bakery. She reminded the Commissioners that this information had been presented at a previous meeting and that she had been aaked to explore further the difference in the two purchase agreements. The Music Bakery offered purchase of a monthly cassette or CD for $40/^30, whereas the DeWolfe package was a 3275.00 renewable contract for 9 albums per year. Watts reported she had not been able to reach the Music Bakery to find out if their offering was a buy­ out because they did not have a phono numbei. listed or available. She explained that the DeWolfe Library was a year- to-year renewal contract that offered the buyer the opportunity to specify the type of music they wanted, not Just what was produced. Watts noted that a music library was important to an access studio because it offered access users the oportunity to produce programs with music that was not copyrighted. These types of libraries could be either buy-outs, leases or per-drop fees on the rights of the music used. Motion 4.17.90.71 Swartwood moved to approve the request to enter into a yearly contract with DeWolfe Music Library, Hughes- Seamans seconded. Motion carried unanimously. VIII. UNFINISHED BUSINESS There was none. IX. NEW BUSINESS Anderson asked for any new business. Watts said she would like to request that the Commission consider subscribing the the Cable Update information publication produced by Miller & Holbrooke in Washington, D.C. The law firm represents cable regulators and related interests. The firm produces the information packet on a monthly basis and includes in it any bills, legislation, comments or activity with regard to cable regulation and cable-related issues that may be happening on Capitol Hill. Watts said she had brought this to the attention of some directors earlier and it had been suggested she try to LMCCC MINUTES Page five, April 17, 1990 get oopiee from the MACTA organization; however, Watta noted she had been informed the information was copyrighted and only paid •ubflcribera may use it. If the LMCCC was interested in receiving the information, it would have to subscribe on its own, at the yearly subscription rate of 5300.00, Watts recommended the Commission approve the purchase of a one-year subscription to the publication, in light of the many activities and legislation occuring in cable regulation. Brancel noted that if the publication gave immediate access to the information, it would be worth the fee. Motion 4.17.90.8: Stahr moved to approve a one-year subscription to Cable Update: Brancel seconded the motion, and it passed unanimously. Anderson asked for any other now business Watts reminded the Commission that the office would be open on a limited basis during the week of April 21-27, while she was on vacation. X.ADJOURNMENT Motion 4.17.9C.9: Anderson moved to adjourn the meeting; Stahr seconded, and the meeting adjourned at 5:40 P.M. Respectfully submitted. Jennifer Watts Administrator k LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSIONQUARTERLY BUDGET REPORT FIRST QUARTER 1990 i INCOME TriaxCablevision Interest Carryover 1989 OPERATING EXPENSES Administrator Access Employee Secretarial Services Payroll Taxes Mileage Health Insurance Legal Fees Insurance/Bonds IMCCC Financial Rev. Conference/SchooIs Office Supplies Dues/Subs/Members Telephone Postage Miscellaneous New Office Space Office Equipment TOTALS BUDGET $ *75,600.00 2,500.00 ? $ 77,500.0b $ 28,800 20,000 1.500 5.500 500 1,000 2,000 3.500 2.300 5,000 1,700 1.500 1,000 650 250 0 1,000 $ 75,700 1ST QTR. ? 7,027.00 1,114.70 130.60 898.85 162.38 150.00 55.00 3,466.00 0.00 580.22 508.77 285.00 185.95 159.40 145.60 0.00 REMAINING $ 21,773.00 18,859.30 1,369.40 4,601.15 337.62 850.00 1.945.00 34.00 2.300.00 4,419.78 1,191.23 1.215.00 814.05 490.60 104.40 PERCENT 24.40 5.70 8.71 16.34 32.48 15.0 2.75 99.03 0.00 11.60 29.93 19.00 18.60 24.52 58.24 1,000.00 0.00 $ 14,895.47 $ 60,804.53 19.68 SPECIAL FUNDS APPROPRIATION Studio Equipment Legal Fund FUND TOTALS BUDGET TOTAL $ 800 1,000 $ 1,800 $ 77,500.00 0.00 0.00 0.00 FUNDS ON HAND 1/01/90 Checking Account SCCU Share Draft Account SCCU Preferred Share Draft Account Money Market Fund Certificates of Deposit TOTAL FUNDS ON HAND 1/01/90 INCOME 1/01/90 TO 3/31/90 Interest Checking Account Interest Share Account Interest Money Market Fund Interest Preferred Account Interest CDs Image Innov'n/Comm'1 Shoot Franchise Fees 1989 Dub fe Bank Error 702 52 22 92 04 88 19 28 00 498 112 84,773.79 10.00 .70 TOTAL INCOME 1/01/90 TO 3/31/90 TOTAL FUNDS AVAILABLE BEFORE EXPENSES EXPENDITURES from 1/01/90 to 3/31/90 / 'inistrator 0 7,027.00 A .cess Employees 1.140.70 Secretarial Services 130.60 Payroll Taxes 898.85 Mileage 162.38 Health Insurance Reimb.150.00 Legal Services 55.00 Insurance/Bonds 3,466.00 Conference/Schools 580.22 Office Supplies 508.77 Dues/Subs/Memberships 285.00 Telephone 185.95 Po.stage 159.40 Regional 6 Contribution 280.00 Miscellaneous Video 107.99 Miscellaneous 145.60 Bank Service Charges 40.31 TOTAL EXPENDITURES 1/01/90 TV 3/31/90 $ 15,119.84 4,018.01 7,227.61 17.44 26 000.00 $ '•'2,382.90 $ 86,172.80 0138,555.70 0 15,323.77 0123,231.93TOTAL FUNDS AVAILABLE 3/31/90 =-r============r============-==========================”=-~===== Distribution of Funds as of 3/31/90 Checking Account ^ 45,395.48 SCCU Snare Draft Account 568.33 .SCCU Preferred Share Account 1,250.49 Money Market Fund 17.63 Certificates of Deposit 26,000.00 (1 mo.) 20,000.00 C6 mo.) 20.000. 00 (3 mo.) 10.000. 00 (6 mo.) 0123,231.93 LHCCC JUST CLAIMS 2/21/90 to 3/20/90 CHECK 2064 2065 2066 2067 2068 10207 10208 2069 2070 2071 2072 10209 10210 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 DATE 3/2 3/2 3/2 3/2 3/2 2/28 2/28 3/8 3/8 3/8 3/8 3/15 3/15 3/20 3/20 3/20 3/20 3/20 3/20 3/20 3/20 3/20 3/20 3/20 3/20 4/2 4/2 4/2 BANK EXCELSIOR Beginning Belenoe Cleina Interest Service Cherge Bank Error SCCU ACCOUNTS Balance Share Aoot. Balance Preferred Money Market Certificate of Dep. PAYABLE Bank Excelsior U.S. West Lake/Pioneer PERA SW Suburban Publ. Aaron Blechert Jennifer Watts Paychex PERA MEDICINE LAKE LINES REGIONAL CHANNEL 6 Aaron Blechert Jennifer Watts LMCIT Wagers Leader Publica ions PERA O'Connor 6 Hannan Petty Cash Aaron Blechert Jennifer Watts Jennifer Watts U.S. Posteaster U.S. West Radio Shack PERA (as of 3/19) AMOUNT/ ACCOUNT $ 743.53 Fed. Tax 63.69 Tele 15.60 Mlso. 104.52 PERA ben 25.02 Misc. 159.12 Payroll 808.15 Payroll 28.90 Seo'y Sv 9.00 Life ins 142.50 Conf/Sch 280.00 Unallo 159.12 Payroll 799.15 Payroll 2794.00 Insur. 63.05 Off. sup 95.00 Dues/sub 104.52 PERA ben 55.00 Legal sv 88.54 Various 15.86 Mileage 75.00 Insur. 29.64 Mileage 50.00 Postage . 64.54 Tele 41.02 Misc Vid 104.52 PERA ben ENDING BALANCE XsViTAL FUNDS 0 4516.29 7227.61 17.56 26000.00 A 37761.eo A123822.73 LMCCC JUST CLAIMS 3/21/90 to 4/17/90 CHECK # 2088 2089 10211 10212 10213 10214 2090 2091 2092 2093 2094 2095 2096 2097 2098 DATE PAYABLE AMOUNT/ACCOUNT 4/2 Lake Business $ 53.23 Office Supplies 4/2 SCCU (transfer of funds)(see below) 3/30 Aaron Blechert 159.12 Payro 3/30 3/30 Jennifer Watts 808.15 Payk'oii 3/30 4/13 Aaron Blechert 159.12 Payr1 4/15 4/13 Jennifer Watts 799.15 Payroll 4/15 4/17 St2u: Tribune 120.00 Access Employee 4/17 St. Paul Pioneer Press 113.05 Access Employee 4/17 MN Suburban Publications 40.70 Access Ehiployce 4/17 PERA 104.52 PERA benefits 4/17 Jennifer Watts 206.78 Mileage/ Health Insurance 4/17 PERA 9.00 Life Insurance 4/17 Petty Cash 111.92 Various 4/17 Lake Business Supply 14.99 Office Supplies 4/17 Commissioner of Revenue 446.57 State w/h tax TOTAL CLAIMS BANK EXCELSIOR Beainning Balance Claims Interest Service Charge Tape dubbing fee Transfer Funds to SCCU $ 86,061.27 (3,146.30) 344r71 0.00 10.00 (40,000.00) ENDING BALANCE $ 43,269.68 SCCU ACCOUNTS (as of 4/12/90) Balance Share Account Balance Preferred Money Market (transferred funds to Share) Certificates of Deposit 759.31 1,250.49 0.00 26.It ^:.,00 20,0 iO.OO 20,000.00 10,000.00 (1 (6 (3 (6 mo.) mo.) mo.) mo.) ENDING BALANCE TOTAL FUNDS $ 78,009.80 $121,279.48 L A A N^F*L^C*P 1990 NATIONAL CONVENTION • July 25-29 • Grand Hyatt Hotel • Washington, D.C. The National Federation of Local Cable Programmers brings the vi ­ sion of the 21st Century one step closer at NFLCP’s National Convention &L Exposition. July 25-29, in Washington, DC at the Grand Hyatt Hotel. WHO SHOULD ATTEND 'FLCP is the leading non-profit membership organization represent- iie interests and meeting the needs of the professionals and volunteers involved in community programming. NFLCP members represent cable access and local origination programming centers, community producers, regulatory authorities, nonprofit organizations, education institutions, libraries »•- ■’ -''I—rs interested in community uses of cable television. t couragrd to attend and discover tie benefits of belong- I n.ganizaticn. .•is year's convention is "Advocate", reflecting the need art. aoout and participate in the critical changes in .w policy t.Sat will determine the future in access. NV/.i- '06 for me--, telecommu.'' PRECONFERENCE PROGR-AM 0\-er six preconference seminars will be offered including...The Children’s Symposium-participants wtii take a critical look at the state of Children’s Television and examine the present and future role of access programming by and for children...And an Extni Benefit • Free Leader­ ship Training Sessions - Six different seminars addressing everything from Managing a Region to Writing a Newsletter will be available at no extra charge! EXCEPTIONAL EDUCATIONAL SEMINARS Your peisonal career growth is planning and goal setting; channelling your level of talent and expertise. The NFLCP National Convention h designed for learning; 84 seminars available for managers, staff, boards, regulators, producers and users...an educational stiucture designed to examine critical issu. sand innovative uses of community cable operations. Among the many other programs offered will be the International Symposium, a four session track on the growth of international communi­ ty programmi'-g and exchange opportunities throughout the world and a special "White Paper" track, which will look at future visions of .access. Participants will also have the opportunity to attend a special three hour seminar on the Federal regulatory process hosted by the CK'scup Foundation. This will be NFLCP’s most challenging and excitinj, onvention to date. Plan on being there to prepare for the upcoming challenges of the 90'-! NRCP TRADE SHOW NFLCP’s largest trade show ever will be presented in the Const it utiofj Ballroom of the Grand Hyatt Hotel. Exhibitors will provide the hatest in new product development and services. Visit the industry ’s leading suppliers; discover new sales opportunities; learn about the newest industry trends. If you know of a product or service that should be introduced«(' your colleagues in the NFLCP Trade Show, please provide the contact informa tion to the NFLCP Show Management at: Exhibit Promotions Plus, 11620 Vixens Path. Ellicott City, MD 21043 (301) 997-0763 FAX (301) W7 0!' * Help us help you in an ’’everyone w' w" situation! THE LOCATION The most influential city in the world...Washington, D.C., will be the site for the 1990 convention at the Grand Hyaft Hotel. 1000 H Street. N.W., Washington, D.C. 20001. For Reservations call (.202) 582-1234 In order to receive the discounted convention rate, be sure to men­ tion that you are with NFLCP. Single Room $89.00 Double Room $89.uO Plus M % tax and $1.50 I'er room per day CONVENTION RECISTRAnOH FEES Before June aih After June 8th •v:'** • ; Non PreComemtan RetbtntioO Hmbert Mmbefo HefibeA nMbcn ailden’iSTO»p«lu!h(f ' $56 ; $80 ' - ' u*— TheNewAomOflW ’S25 !« • ------ SettintUpaTreii^ V • ' $25 , $40 ------ Comentien ReglMtMien • Fun ConfWnre includti epede! cventi, * * ^ ' • $215 $265 $210 $J15 meali&i party Full Confmnet vlihout mcab Thuftdty only rHrhoin rnttia Friday ordy-uhkoiit mnli Sanirday only without mrib EyvniOnI) Thundiy Luncheon. July 26 Hometown Awards Rweptfor.. -Jv Fftday Nl|hi Party, July 27 Saturday LuncJxon. July 28 ' $115 : ■'iiWi, $i?o• 4 aiy> I • - I $265 $125 $125 $125 WATCH FOR A COMPLETE CON VE^l . -ON REGISTRATION BROCHURE TO ARRi -E IN THE MAIL IN APRIL/MAY For further information contact: NFLCP Corvention Headquarters r/o The Laurel Group/Creativc Events 8683 Doves Ry Way Laurel. MD 20723 (301)604-1859 $25 S 15 $ 30 $ 25 $ 30 $ 20 $ 35 $ 30 A CITY OF QRQNO CITYofORONO Post Office Box 66 •Crystal Bay. Minnesota 55323 • MunidpaJ Office On the North Shore of Lake Minnetonka April 25, 1990 Mr. George Bowlin Community Health Department Health Services Building - Level 3 525 Portland Avenue South Minneapolis, MN 55415 Dear George, On behalf of the Orono City Council and staff, I would like to thank you for your excellent, informative and very professional presentation at our Council meeting May 23, 1990. You presented us with information that we were previously not aware of regarding the services of the Community Health Department. Thank you for your "marketing" efforts to us. Sincerely, lai\k E.^BeriiJi^dson City Administrator MEB/dh cc; Mayor and City Council BUILDING & ZONING - 473-7357 ASSESSING ADMINISTRATION & FINANCE - 473-735« FAX - 473-0510 PUBUC WORKS - 473-7359 I April 241 1990 Dear Chief ’ ilbo, Thank you for your assistance in setting up a speaker for our Babysitting Co-op meeting. Officer Mark Tomczyk did a super job in presenting information on child abduction as well as answering many other questions on community safety. Sincerely, Jenny Brown JEMMY BROWM 2673 Plieajanl Road ExccIsioFy Ndinnssoia 55331 DATE; TO: FROM: SUBJECT: INTEROFFICE MEMO May 3, 1790 Susan Bobsien, Administration Assistant Chief Kilbo Letter of appreciation Administration Assistant. Susan Bobsien has recently been involved in extensive computer proqraming. Our management information system, thus Loqis, recently underwent updating from "Posse" to "Command Data Systems". Mrs. Bobsien had to complete a Geo fi1 e-con/erting each street and intersection, each beach and landing, each address into computer language "Geo Base". She did this task ;head of schedule even with the innumerable distraction our office has as a daily event. She further to:^k four Saturdays of her own time to learn more about word processing and its software. She is now in the process of helping train the officers of the department so they may make inquiries themselves. I wish to formally recognize her dedication, her patience, her desire to learn, her persistence in getting the job done, as well as her sense of humor. WOOOHILL COUNTRY CLUB 100 50 0 50 100 SCALE IN PEET 20C >'T 1. 2. 3. 4. 5. Topographic contours are from an aerial survey by Mark Hurd. Gross acreage of (X/TUOT B, WOMJHIli RIDGE is 17.34 acres. Outlot A (proposed) contains 14.23 acres. The wetland area within the Outlot is approxiaately 2.8 acres. ! Lot 1 (proposed) contains 3.1l[aores. 2.00 acres of the Lot lie north and east of the existing jprivate drive»my easement. The comson driveway is paved to a width of 20’ and currently serves 2 homes. Hie new Lot Will be the 3rd home to share the driveway and easement. nc viaioMB s omawm DSN I hereby certify that this is a true nnd correct representation of a survey of OUTLOT B, WOODMILL KTIXU', Hennepin ( ounty, Minnesota, according to the recorded plat thereof. As siirveyixl liy me this 19th day of February, 1990. e«BCH«0 2 - 12 -so • CA l" > I S150 - 3 7ii Thomas S. BergquiSti Registered Land Surveyor Minnesota License No. 7725 & 1 -y -V.,.: li’« lilt s !Piih:?1 i «riisnnnri^: ? Hh; «i U i ' 1 1 ^ ? ? ? I •»"J ^ » m j V* ^ 7 J' ^We*4 tiiif if* int ICIk ofht NW««» .f S#t-4,ril7. »».23 I I -85^50 —_____________L L « 5351 «^ •n r \A MW exM, F / If f# I n y\ »“ <f> 1*1 ?p r>0 CD O 6o ^ £••< 'I-K .# <** «»4 «0 00 •/ #• SS!«» .f 4I>* NW '/♦r- NORTH — 854-.SO - , ARM LANE »n^9j>C5!W. ff;.. «???)-.?" :mswm f/cCULi.:-Y JKIi ^ ymtl l»H ,t itt ln> Vt wfm WKl * if th r«* Vi if Mr WM'I'* ;__ - «oi.n S0M4 WE — MU• W ■V \ . • i - intz No*4a**-w - -r»r «l/.>c •>«! MnJ n ifllrUtf ft if Ht M„H ,f Sn. V <* V-T« ■•■■•:■•'■ LEUAL DtaciimW! -hMt p«rt of thr t*st «/l of J,'» c*f th» Ijint '/4 of SoeUo i^rjdion IrlvMI oouttiorl): of tho «»outhei iy i ioM of •■ »od lytn^ nc*rtK«oster)y of • liiw* rfroMii SO fe«t Jlol with th* foUowi«»^ <9o»crtbo<t linet trio toot^vost rornor of Sorttnn 11. Townohip lit. Ranin* 2i| thooco eti an •••wood boarlno of North <10 dooror^ 40 otnutoo 41 »ocotida »«at •lor»9 tho vast lino ol tho Srnjthwo»t uuarti-t of aortioti Ji • di»* tanco of ’77.M toot; thonco nort ho«tt or I y iJM.Jo ft^^r oiuno • tan- yontial cur»*, rot>cov* lo ih# «outl««at. tu«va .o a t«diu> of iSl^.tO flora 11 of th« Nmthvt'f.t tlon Ji, To»nohi|i Uh Noith. Naoor 21 Neal of the Mh rctnctpol of tho oouthei ly i ioht of woy li**o of roonty Rood m>rlh«r«a1erlv of andwith the follow • Oooofoa ifON moaomonf oMd.d Oanoloa aaiaflof apot oldtot/ofi UtL »onofoa ^o^oaod spof otoaolloo — Ooooioa MAfforir aoiaor —Ooftoloa MraiormalA ■■ ' OoAofoa aform aowor H OoAotaa ooAfforooa froo Q 0OAoloa doafdMooa fro# —•►— 0ooofaa otForfiood fMwoy ffnaa •OAfowr IlMoa doooloa oalaffAf feafwroa ad cucwo. ■DUV trw«s t , contial anfla of 4* dw>|r<**« OS 24 olnu 725.tS foot and aatd line thrra teriiiMtinf. 2* awcunda:thence JX 7/*1509 • ». ***. 'Marl i/flio __/w» ALL-METRO LAND SURVEYORS 2340 Donitii SifU), t.on«l.w., »3M 14. 473-1433 I', to- 'nr -< loozt c ^ftfored faf EARL FREEMAN ' V-'*' •• •'•' '* lint fuM «.<* lAf tulh line .f/V SW)^ »f /f 7Z ^««!>-ri9- _____ s i 5 S i I UJ> g i_i M)------------- AUA • 4.01 Am lUt Piif«4 — He M.M CMCr' : i 1 .== - m* f t iie v ^ . «. /BiWnttfi y SN.1 r-,___ f —en.oo («,w.\- - <- /4 /<ne ptrM u.ll> Ihr stulh /«ie .f/if SM'Mi ./* Sft 94 > p.irt of th^ 5»jiithwpB» uu«rter of Section !4, Township North, Range 23 West of the Sth Principal Herldian« desiTib»*d as follows: Peginning at a point on the West line of said Southwest Quarter at a point 1876 That nge - '6.00 feet north of Mi« .Southwest corner of said Southwest Cpiurter; thence south .ilmiu said west line to a |*oint 1018.67S feel (61-3/4 rods) south of the northwest corner of said Southwest Quarter; theiicn <»nct ;»ar.iUeI with the sou»h line of said Southwest Quarter a distance of 693.00 feel (42 rodsi; thence north h said west 1 Jiiie extended easterly f l»araUr) with said south line; 1 onci parMl<>l with said west line to the point of Intersection If-*' 11** >nded lino to the p<*int of tieglnning. cewgwAt fiores Denotes iron monummnt Dmnotmm ea/ering spot e/ewerion Denotes proposeif Bpol elerel/on Denotes amnitmrr eenrer Denotes wmtBrmmin Danotma atorm eeieer Danotma conHmroua tram Oenofee deciduous tree Denotes oirerheed peiver fines Solid contour tlnaa danotaa aaiating feeturee a SJS.S IS571 a© -sw i«tr .r ti» swik of S« M.TIle.RZl &>0' : f-tt. c* • w.*|. »«ir.or ttpcff ~/2ijUtn ^/±ho ALL METRO LAND SURVEYORS 2340 nomeis 3f»«et. Lo**g Lake. Mmn#soto *15356 Ph 475-1433 CERTIFICATE OF SIIRVRV 90900 c J^ONAL?^ MILLER,^