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HomeMy WebLinkAbout06-11-1990 Council PacketPUBLIC ATTE DANCE CITY OF ORONO MEETING DATE l(t,/qLJ PLEASE FILL OUT THE INFOR1-� .ON P£QUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from.agenda) 11. 12. 13. 14. 15. 6. AGENDA FOR COONCIL MEETING SET FOR MONDAY, JUNE 11,1990,7:00 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 1.CONSENT AGENDA* 2.Recognition - Orono Tennis Team 3.Northern States Power Company Franchise 4.Wright Hennepin Co Op Electric Franchise COUNCIL MEETING JUN 111990 CITY OF ORONO APPROVAL OF HIHOTBS * 5. Regular Meeting of May 29, 1990 PLANNING COMMISSION COMMENTS - Charles Kelley Representative PUBLIC COMMENTS - (Liait 5 Minutes Per Person) 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. 6.#1502 Michael Hilbelink, 2180 Prospect - Variance 7.#1510 Richard Brown,2685 Shadywood Road - Conditional Use Permit 8.#1513 Walter Krahl, 4775 North Shore Drive - Variance 9.#1524 Trinity Pre-School, 2060 Sixth Avenue North - Conditional Use Permit - Resolution 10.#1528 Constance Scott, 2300 Longview Circle - Preliminary Subdivision - Resolution 11.#1531 Carol Kelly, 3020 Casco Point Road - Preliminary Subdivision - Resolution ENGINEER'S REPORT * 12. Highway 12 Sewer/Water - Contract Completion MAYOR/COUNCIL REPORT 13.Park Commission Chair Appointment CITY ADMINISTRATOR'S REPORT 14.Lake Use Management 15.Highway 12 Safety Improvement 16.Highway 12 - Corridor Meeting 17.Facilities Citizens Review Committee 18.Orono Tennis Team Recognition - Resolution 19.Ed Brown Recognition - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 11, 1990, 7:00 P.M. 21. 22. 23. 24. 25. CITY ADMINISTRATOR'S REPORT Continued * 20. 1991 Budget Process Request for Funding - Art Center of Minnesota Equipment Purchase - Golf Course Mower Attachment and Annexation Update Employment Temporary On-Site Septic Inspector Stephen J. WecKm€u;»- Administrator's Information 1355 Arbor Street 1972 Shadywood Road Spring Clean-Up Results Forest Lake Drive Environmental Engineer Transient Merchant West Hennepin Human Services Planning Board Municipal Well #3 Receipts and Disbursements - April Wire Transfers CITY ATTORNEY'S REPORT LICENSES (26 } BILLS (27*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 06/11 - Council Meeting 06/14 - Citizens Advisory Committee 06/18 - Planning Commission Meeting 06/25 - Council Meeting 53190.6 f, (/ TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrat DATE:June 6, 1990 SUBJECT: NSP/Wright Hennepin Franchise Agreements COUNCIL MEETING JUN 111990 CITY OF ORONO Attachment:A.NSP/Wright Hennepin Agreement Memo Dated 5/16/90 B.Ordinance Section 12.40 - Underground Utility Construction C.Electrical Franchise Territories Dated 6/4/90 ISSUE 1 • NSP A.Determination as to what,if anything,the City desires regarding underground installation in the franchise agreement. B.Determination as to whether the City desires to adopt the agreement. 2.Wright Hennepin A.Completion of the public hearing. B.Determination as to what changes,if any,to the basic franchise ordinance that Wright Hennepin desires and if the City desires any alteration. 3.Presentation t.' Council of information related to territorial changes. INTRODUCTION - At the Council's last meeting they held the hear ing on” NSP and continued the public hearing on Hennepin. Questions raised at the hearing related to term for both franchises together with what criteria the City would desire regarding underground construction. DISCUSSION - Issue #1 A - Underground Utilities - As noted in Attachment B the City of Orono does require that all new installations of such items be placed underground. This has been uniformly enforced since its introduction. This would continue to govern as it is referenced as "other applicable ordinances in Section 2.1 of the franchise agreement. AS you will note in Attachment B, however, there are certain exceotions including transmission lines over a certain voltage, places Xre it is not practical to be underground and temporary Installations. The issues this does not address are the following: A.Existing overhead wires. B.Replacement of overhead wires. In the case of new subdivisions, the cost of the underground lines which is 3 to 4 times that of overhead is absorbed by the development in which its installed. According to Marlowe Peterson of NSP he is not aware of any time that the City has required NSP to bury its lines within a certain time period. As for burying when the overhead plant has to be replaced because of age has apparently not been an issue either. There are times that they have been required to move them for highway construction etc. In such cases they will determine the cost of the move to another overhead and credit that to the cost of the underground. This however, requires the resident or business to install an underground service to their building which ranges from $750-1,000 per residence in order to eliminate the poles. The cost for businesses depends on the amperage size of the service. They will however, do underground where it makes economic sense for them. Two examples are; a. ) Current property owners agree to pay for burying it and having underground service to the buildings This was the case along 15 between County 51 and the Areola Bridge. b. ) In Chanhassen they had to redo the electrical lines in downtown for the redevelopment.It cost $200,000. The City said that the increased development would generate additional utility revenue.As such they agreed to have the City pay $100,000 upfront and a $100,000 letter of credit. The amount of the installation is then reduced by additional revenue gained by NSP due to growth in the area. It is anticipated that NSP*s position is that their rate paying base should not subsidize certain areas to bury electric line but would do so where the economics made it viable.It is the City Attorney's opinion that while our current ordinances on new installations being underground is satisfactory as it is; any requirement of underground replacement within a certain period or upon a change would need to be in the franchise ordinance.That would then involve the PUC in the negotiations as that provision becomes a rate issue.The model SRA franchise proposed for adoption has been approved by the PUC. Issue #2 - Wright Hennepin - The City Attorney has heard from Wright Hennepin and recommends the City adopt the basic form set forth in Attachment A for the franchise with a language change for Wright Hennepin reflecting that as a Co-Op they are governed differently by State Law than NSP which is subject to the PUC. J Issue #1.NSP 1.Accept franchise ordinance as presented. 2.Alter the length from the proposed 20 year term. 3.Direct the staff to further research underground replacement of lines. 4.Table for further discussion. Issue #2.Wriqht/Hennepin 1.Conclude the public hearing. 2.Continue the public hearing. 3.Determine if any of the changes proposed by Wright Hennepin are acceptable. 4.Issues listed under NSP. Issue #3.Territorial Please refer to Attachment C. RECOMMENDATION Issue #1 - It is recommended that the Suburban Rate Authority franchise be adopted as the franchise for NSP for 10 years. The limited time period is recommended due to the changing nature of technology generally. Issue #2 - It is recommended that following closure of the public hearirigT the Wright Hennepin franchise be adopted as the basic franchise for the seune period as NSP. PROPOSED MOTION - Moved by _,seconded by _,that Council adopt franchise ordinance I___ as a franchise ordinance with Northern States Power Company and that they adopt ordinance #__ as the franchise ordinance for Wright Hennepin Electric Cooperative. Ayes __, Nays __. cc:Marlowe Peterson, NSP - Minnetonka/Excelsior Wright Hennepin 51690.: fimk!/fAevr ^ Mayor and City Council Mark E. Bernhardson, City Administra^^|i|^ DATE:May 16,1990 TO: FROM: SUBJECT: NSP and Wright Hennepin Franchises PUBLIC HEARING 7:00 P.M. NSP FRANCHISE AGREEMENT WRIGHT HENNEPIN FRANCHISE AGREEMENT Attachments: ISSUE - A.NSP Draft Franchise Agreement B.Wright Hennepin Draft Franchise Agreement C.Notice of Publication D.Summary Ordinances for Publication 1.Hold a public hearing for consideration of adoption of the two franchises. 2.Determine if the Council desires to adopt the franchise agreements for NSP and Wright Hennepin. 3.Determination as to what the Council desires to adopt for summary publication. INTRODUCTION - Utility companies in order to use the city's rights on right-of-ways enters into franchise ordinance agreements with the cities which generally spell out the terms of those arrangements. The City is a member of the Suburban Rate Authority who jointly negotiated the basic form of this electrical franchise with the two electrical utilities involved together with the involvement of the State's Public Utility Commission. Any significant deviation from the basic form that is desired should be negotiated between the City, the Electric Utilities and the State's Public Utility Commission. DISCUSSION - As mentioned the primary purpose of the franchise agreement is to spell out the terms under which the franchisee will be able to use the City's public right-of-ways for its electrical utility lines and other structures. This does not apply to right-of-ways with the County or the State and specifically the agreement references that any federally funded state trunk highway project has a reimbursement clause in the statute which is handled by the Commissioner of Transportation. Additionally if the City were to have any federally assisted redevelopment programs etc. that would require the relocation the terms of that cost for relocation %#ould be determined through the Federal Rules. FRANCHISE FEE - The agreement does allow the City to impose up to a 6% £rancTiTie fee on the utility. It is estimated that between the two utilities th^t if the City were to impose the 5% maximum it would generate least $50,000 a year. The terms of the agreement are that ^would have to be applied not only to the two electric utilities at the same rate but also to Gas Company sales.The City han not imposed this fee in the past and if it desired to impose it as an additional revenue source would do so through a separate ordinance adoption. TERRITORIAL CONTROL - The Public Utilities Commission governs territories for the franchises. Requests for such need to be submitted by those property owners interested. Staff will provide additional information to Council on the process and what role the City may play at the next meeting. RATE CONTROL - It was noted by the City Attorney at the last meeting the rate control for the utilities together with their territorial delineations are under the jurisdiction of the Public Utility Commission. While the City can not directly act on the rates, the City through the Suburban Rate Authority provides advocacy for the cities and its residents to keep the rates as low as possible. The Suburban Rate Authority enters on behalf of its member cities not only in electric utility rate cases but also for telephone, gas and has done some work for metro sewer rates imposed by Metro Waste Control. ALTERNATIVES - 1.Hold the hearing on the two franchises. 2.Adopt both franchises. 3.Amend and adopt. 4.Table. 5.Take no action. 6.Adopt summaries for publication. RECOMMENDATION - It is recommended that absent any substantive objections to the franchises that the City adopt both together with the summaries for publication. If Council desires staff could explore the issue of the franchise fee, which would be seperately delineated on the electric bill as an additional source of revenue that would be outside the property tax levy limits. PROPOSED MOTION - Moved by _, seconded by _, the Council having held a public hearing adopts Ordinance No. , Second Series for a electrical franchise for Northern States Power and adopts Ordinance No. _, Second Series for uniform electric franchise ordinance for Wright Henneioin Sl.ictrf^' utility. The City additionally adopts summaries for publication as set forth in Attachment E. Ayes _, Nays _. F iTTlteJli^Vr'/I (As Approved by the SRA Board 04/15/87) SRA UNIFORM ELECTRIC FRANCHISE ORDINANCE NO. CITY OF COUNTY MINNESOTA AN ORDINANCE GRANTING TO _ _ _ _ _ _ _,A MINNESOTA CORPORATION,ITS SUCCESSORS AND ASSIGNS,PERMISSION TO CONSTRUCT,OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ,MINNESOTA AN ELECTRIC DISTRIBU­ TION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES,LINES,FIXTURES AND APPUR­ TENANCES,FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY,ITS INHABITANTS,AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. The City Council of the City of SECTION 1.DEFINITIONS 1.1 "City does ordain: In this Ordinance,"City"means the City of , County of _ _ _ _ _ _ _ _ _ _/ State of Minnesota. 1.2 "City Utility System"means the facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. 1.3 'Company"means Minnesota corporation, its successors and assigns. 1.4 "Notice" means a writing served by any party or parties on any other party or parties.Notice to Company shall be mailed to the Division General Manager thereof at ^_ _ _ _ _ _ _ _ _ _ _ _. Notice to City shall be mailed to the City Clerk. 1.5 "Public Way" means any street,alley,or other public right-of-way within the City. 1.6 "Public Ground" means land owned by the City for park, open space or similar purpose, which is held for use in coinnioa by the public. 1.7 "Electric Facilities*electric transmission and distribution towers, poles,i;t-*-,guys,anchors, ducts. fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. SECTION 2.FRANCHISE 2.1 Grant of Franchise.City hereby grants Company,for a period of twenty years from April 1,1987,the right to transmit and furnish electric energy for light,heat, power and other purposes for public and private use v/itliin and through the limits of the City as its boundaries now exist or as they may be extend­ ed in the future.For these purposes. Company may construct, operate,repair and maintain Electric Facilities in,on,over, under and across the Public Ways and Public Grounds of City subject to the provisions of this ordinance.Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however,to zoning ordinances, other applica­ ble ordinances, permit procedures, and to the further provisions of this franchise. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law [and the City Charter] . An acceptance by the Company must be filed with the City Clerk within 90 days after publication. The service to be provided and to be charged by Company for elec ^ic service in City 2.3 Service Rates and Area, rates currently are subject to the jurisdiction of the Minnesota Public Utilities Commission. The area within the City in which the Company may provide electric service currently is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense this ordinance shall be paid by the Company. of publication of 2.5 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written.If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to inter­ pret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract,or either party may take any other action permitted by law. SECTION 3.LOCATION, OTHER REGULATIONS 3.1 Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the City. The Compary’s construction, reconstruction, operation. repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. 3.2 Field Locations. The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City.The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3.3 Street Openings.The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee.Permit condi­ tions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities.In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of a Public Way or Public Ground.Not later than the second working day thereafter,the Company shall obtain any required permits and pay any required fees. 3.4 Restoratjon.After undertaking any work requiring the opening of any Public Way or Public Ground,the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter.The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work,remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. 3.5 Shared Use of Poles.The Company shall make space available "on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. SECTION 4.RELOCATIONS 4.1 Relocation of Electric Facilities in Public Ways. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project,or to grade,regrade,or cliange the line of any Public Way,or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocate its Electric Facilities located therein.The Company shall relocate its E]ctric Facilities at its own ex­ pense. The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System.If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities,which was made at Company expense,the City shall reimburse Company for non-betterment expenses on a time and material basis,provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area. Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation,removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation Except as _ _ _ _ _ _ _ _of Electric Facilities in Public Ground. may be provided In Section 4.3, City may require Ehe Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put.The relocation or removal shall be at the Company's expense.The provisions of 4.2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 4.3 Projects with State or Federal Funding. Relocation, removal, or rearrangement ol any Company facilities made neces­ sary because of the extension into or through City of a federally-aided highway project shall be governed by the provi­ sions of Minnesota Statutes,Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof,unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 Liability.Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5.TREE TRIMMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construc­ tion,operation,repair and maintenance of any Electric Facili­ ties installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom,and subject to permit or other reasonable regulation by the City. SECTION 6.INDEMNIFICATION 6.1. The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance,repair,inspection,the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work.The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determina­ tion. 6.2 In the event a suit is brought against the City under circumstances where this agreement to indemnify applies,the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld.This section is not,as to third parties,a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7.VACATION OF PUBLIC WAYS The City shall give the Ccxnpany at least two weeks'prior written notice of a proposed vacation of a Public Way.Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities,shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. SECTION 8.CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance.Any governmental unit succeeding the City shall,without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9.FRANCHISE FEE 9.1 Separate Ordinance.During the term of the franchise hereby granted,and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of the Company's gross revenues as hereinafter defined.The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council,which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. ' The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9.2 Terms Defined, sums, excluding any The term surcharge or 'gross revenues"means all similar addition to the Company's charges to customers for the purpose of reimbursing the Company for t.he cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail custom­ ers within the corporate limits of the City. 9.3 Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues of the Company during complete billing months during the period for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually.Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds.The time and manner of collecting the fran­ chise fee is subject to the approval of the Public Utilities Commission,which the Company agrees to use best efforts to obtain.The Company agrees to make its gross revenues records available for inspection by the City at reasonable times. L_ r 9.4 Conditions on the Fee. The separate ordinance imposing the fe*e shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier,the City has the authority to require a franchise fee or to impose a tax.The franchise fee or tax shall be applicable to energy sales for any energy use related to heating,cooling,or lighting,as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the (ity,but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 10.SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. SECTION 11.AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company’s written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. SECTION 12.PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous electric franchise granted to the Company or its predecessor. Passed and approved Mayor of the City of Minnesota ATTEST: Clerk of the City of . Minnesota 0060RE02.B18 NOTICE OF PUBLIC HEARING CITY OF ORONO Notice is hereby given that the City of Orono will be holding a public hearing on Tuesday, May 29, 1990, at 7:00 p.m. in the Orono Council Chambers, 1275 Brown Road South. The purpose of this public hearing is to consider the franchise for Wright Hennepin Co-Op Electric Association and Northern States Power Company in the City of Orono. All persons whishing to provide written and/or oral comments shall appear at this time. Written comments may be submitted to the Orono City Office, P.O. Box 66, Crystal Bay, MN 55323. By order of the Orono City Council /s/ Dorothy M. Hallin City of Orono (Publish in the Laker and Pioneer newspaper the week of May 21, 1990.) ORDINANCE NUMBER , SECOND SERIES SUMMARY APPROVED OFFICIAL SUMMARY OF ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE ESTABLISHING A UNIFORM ELECTRIC FRANCHISE IN THE CITY OF ORONO. The following is the official summary of Ordinance , Second Series approved by the City Council of theNumber ____ City of Orono on An Ordinance granting to Northern States Power Company and Wright Hennepin Co-Op Association, Minnesota Corporations, its successors and assigns, permission to construct, operate, repair and maintain In the City of Orono, Minnesota an electiric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use public way and public grounds of the City for such purposes. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk. week of This Ordinance becomes effective upon publication,the nays Adopted by the City Council of the City of Orono on this day of _ _ _ _ _ _ _ _ _ _ , 1990, by a vote of _ _ _ ayes and _ _ ATTEST. James R. Grabek, Mayor Dorothy M. Hallin, City Clerk C7 rmjMexjT!^ 12.40 SEC. 12.40. DNDERGRODND UTILITY CONSTRUCTION. Subd. 1. Underground Construction Required. All utility lines hereafter installed, constructed or otherwise placed within the City for electric, telephone, TV cable or other like or similar services to serve residential, commercial and industrial customers in newly platted areas, and which utilize metallic conductors to carry electric current, whether owned, installed or constructed by the supplier, consumer or any party, shall be installed and placed underground, subject only to the exceptions hereinafter stated; however, above-ground placement, construction, modification or replacement of meters, gauges, transformers, street lighting and service connection pedestals shall be allowed. The requirements of this Section shall apply equally outside of the corporate limits of the City coincident with City jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the future be allowed by law. All companies installing and operating lines such as those described herein shall be referred to as utility companies" for purposes of this Section. Subd. 2. Exceptions to Application. The following exceptions to the strict applicability of this Section shall be allowed upon the conditions stated: A.Transmission Lines. Above-ground placement, construction, modification or replacement of those lines commonly referred to as "high voltage transmission lines" upon which the conductor's normal operating voltage equals or exceeds 23,000 volts (phase to phase) shall be allowed; provided, however, that sixty days prior to commencement of construction of such a project, the City shall be furnished notice of the proposed project and, upon request, the ..utility company involved shall information regarding such project to the City. not be construed as waiving the requirements of any other ordinance or regulation of the City as the same may apply to any such proposed project, B.Technical and Economic Feasibility'. Aboveground placement, construction, modification or replacement of lines shall be allowed in residential, commercial and industrial the Council, following consideration and recommendation by the Planning Commission, finds that: 1, Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2.Underground placement is impractical or technically feasible due to topographical, subsoil existing conditions which adversely affect underground utility placement. ORONO CC 504 (4-1-04) S 12.40 C.Temporary Service. Above-ground placement of temporary service lines shall only be allowed: 1.During the new construction of any project for a period not to exceed twenty-four months; 2.During any emergency to safeguard lives or property within the City; 3.For a period of not more than seven months when soil conditions make excavation impractical. 4.Where specifically waived by the Council based on facts presented to it. Subd. 3. Repair and Maintenance of Existing Installations. Nothing in this Section shall be construed to prevent repair, maintenance, replacement or modification of existing overhead utility lines. Subd. 4. Developer Responsibility. All owners, platters or developers are responsible for complying with the requirements of this Section, and prior to the final approval of any plat or development plan, shall submit to the Planning Commission written instruments from appropriate utility companies showing that all necessary arrangements with said companies for installation of such utilities have been made. Subd. 5. Placement. A.All utility lines shall be placed within appropriate easements or dedicated public ways so as to cause minimum conflict with other underground services. Whenever feasible, all utilities shall be placed within the same trench. B.All utility companiio ohall submit annually to the Building Inspector current maps revealing locations of underground installations, whether such installations were installed prior to the effective date of this Section or hereafter. Source: City Code Effective Date: 4-1-84 (Sections 12.41 through 12.49, inclusive, reserved for future expansion.) ORONO CC 505 (4-1-84) 53090.2 TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrator DATE:June 4,1990 SUBJECT: Electrical Franchise Territory Attachment:A.Dan Kokesh Letter Dated 5/2/90 B.NSP Letter Dated 5/17/90 C.City of Orono Letter to Dan Kokesh Dated 6/5/90 D.Territorial Layout of Existing Electrical Franchisees ir Orono ISSUE - 1.Presentation of information to Council regarding process for territorial realignment between existing electrical franchises. 2.Determination by Council as to whether they desire to provide any lead role in this matter. INTRODUCTION - As noted in Attachment A an individual who is currently in the Wright Hennepin territory had requested that the territory be shifted, so they would be within Northern States Power franchise. As stated in the letter this is primarily because of the differential in rates. The City requested a response to the process by Northern States Power as noted in Attachment B. DISCUSSION - As noted in Attachment B the issue of electrical franchise territories are determined by the Minnesota Public Utility Commission. Since 1974 they have apparently never granted any territorial shift based solely on rate differencial. As noted in Attachment D the area served by Wright Hennepin in Orono is substantial but rather convoluted. NSP also indicated that they do have an excellent working relationship with Wright Hennepin and probably would not aggressively seek the territory or at least one that would cause a disruption in that relationship. While the City itself would probably not be a party with legal standing to such a change if there were soma prospect that a change could be made the City could provide a coordinating role to assist the private property owners petitioning to have those areas in Orono currently in Wright Hennepin be transferred to NSP. On the other hand given the nature of decisions to date together with NSP's predisposition not to acquire it, anything apart from determining if Wright Hennepin would be interested in having that area transferred to NSP; would probably not be fruitful. In a sense the rules are analogous to the rules for a private owner petitioning to switch from one community to another, with each being very protective of its own "borders". interested in having the ALTERNATIVES 1.Determine if Wright Hennepin is balance of Orono transferred to NSP. 2.Determine if property owners are. 3.Choose to take no action. 4.Table for further discussion. RECOMMENDATION - It is recommended that apart from a letter to Wriglit Hennepin to determine if there is interest to switch for those property owners who are interested in switching, it would probably not be the City's role nor appropriate at the time to pursue that matter further. PROPOSED MOTION - Moved by seconded by that Council direct staff to draft a letter to Wright Hennepin to determine if there is interest on their part in pursuing the matter further. Ayes _, Nays _. Dan Kokesh 505 Orchard Pk Rd Long Lake, MN 55356 Home: 476-4430 Work! 829-7200 i crrvop ; ORONO J SE[iQ'^'I' may ^ 1990 May 2.1990 Dear council member: I have recently purchased a home on Orchard Park Road. For some reason this road is serviced by Wright-Hennepin Electric instead of NSP. If you Investigate this matter, you will find that NSP runs both along Watertown Road and up to Orchard Park on County Road Six. The reason I am writing for your help is the fact that Wright-Hennepin’s electric rates are 40 percent higher than NSP's and the only way to change the boundaries of these two companies is through an act of government. Both NSP and Tadd Jude have told me that this would have to start at the local level. As you can see, a change to NSP would help everybody living on our road. If any/or all of you could look into this mactter and get the process underway, It would be greatly appreciated. Please call me to let me know how I can be of assistance. Sincerely, — Dan Kokesh ml\SP Northern Si 414 Nicollet I Minneapolis. Teiepnone (€ May 17. 1990 Ms. Suesan Pace-Shapiro Popham, Haik, Schnobrich & Kaufman, Ltd. 3300 Piper Jaffray Tower Minneapolis, MN 55402 RE: Property on Oichard Park Road (File No. 3643-079) Dear Ms. Pace-Shapiro: I am in receipt of a letter from Mr. Dan Kokesh of Lrmg Lake. Minnesota, dated May 2, 1990 that was sent to the City of Orono requesting a change in electric sea ice area from Wright-Hennepin Cooperative to NSP. Electric service areas were iLSsigned by the State of Minnesota under the Public Utility Regulatory Act of 1974. Minnesota Statutes, Chapters 216B.39 and 216B.40 define assigned service areas and exclusive service rights of power suppliers. Under 216B.40, it specifically stales that "no electric utility may extend electric service at retail within the assigned .seaicc area of another electric utility unless the electric utility consents thereto in writing". Any action initiating a change in territory under circumstances cited by Mr. Kokesh must be to his present power supplier. The Minnesota Public Utilities Commission is the state agency that reviews and decides upon all boundary line matters. In its .‘.ixieen year history', the Commission has never modified a territorial line due to rate ditfereniiai and it is safe to say they will continue this policy. Unless Wright-Hennepin is willing to release .Mr. Kokesh to NSP. there is little hope a transfer of service area will occur. In Section 216B.39. Subd. 3. there is a provision that the Commission could make territorial changes on its own or at the request of an electric utility after notice and hearing, however, to my knowledge the Commi.s.sion has never revised territory on its ow n initiativ e n<'r .it the reijuest of a single power supplier. Jusan Pace-Shapiro ,17, 1990 Page Two Presently, NSP and Wright-Hennepin have a good working relationship insofar as territorial boundaries are concerned and the Company has worked extensively with the Cooperative in maintaining the integrity of service area rules. Sincerely, Peter R. Carney Manager Rate Administration/Service Policy PRC/mkf CITY ORONO June 5, 1990 CITY Post Office Box 66•Crystal Bay, Mi On the North Shore of Lake M.nnetonka Mr. Daniel Kokesh 4040 Watertown Road Maple Plain, MN 55359 Re: Request to Change Electrical Utility Company Dear Mr. Kokesh, The City received a letter from you on May 7, 1 990 indicating your desire to switch from Wright Hennepin to Northern States Power. As you will note in the letter the territories served by utilities are decided by the Public Utility Commission. The process would require initiation from you to the PUC and as indicated in the letter, the Commission never has granted a change solely on the basis of rate differencials. It is also indicated that Northern States indicated they have excellent working relationship with Wright Hennepin and L i on this probably would not agressively seek to have this pu *rty added to their jurisdiction without Wright Hennepin's consent. Enclosed is a map of Orono indicating where Wright Hennepin currently has territory in the community. As an appropriate first step, you may desire to talk to Wriqht Hennepin to indicated if they would be interested in allowing such to occur. If so, you may choose to check with Northern States Power to determine what costs, if any, would be entailed for you to have the service switched. Sincerely tai5k E. BerhMrdson City Administrator MEB/dh Enclosure Bt UJDING A ZONING - 473>73r AS80HNG ADMINISnUTION A n>tANCT - 4TJ.73Si PtSUC WOltXS 47>73«» (As Approved by the SRA Board 04/15/87) SRA UNIFORM ELECTRIC FRANCHISE ORDINANCE NO. _ _ _ CITY OF ORONO, HENNEPIN COUNTY MINNESOTA AN ORDINANCE GRANTING TO WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ORONO, MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. The City Council of the City of Orono does ordain: SECTION 1.neFTNlTlONS 1.1 "City" In this Ordinance,"City" means the City of Orono, County of Hennepin, State of Minnesota. 1.2 "City utility System" means the facilities used for providing sewer,' water, or any other public utility service owned or operated by City or agency thereof. 1.3 "Company" means Wright-Hennepin Cooperative Electric Association, a Minnesota corporation, its successors and assigns;. 1.4 "Notice" means a writing served by any party or parties on any other party or parties.Notice to Company shall be mailed to the Division General Manager thereof at P.O. Bos 330, Maple Lake, Minnesota 55358-0330, Notice to City shall be mailed to the City Clerk. 1.5 "Public Way" means any street, alley, or other public right-of-way within the City. 1.6 "Public Ground" means land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.7 “Electric Facilities" means electric transmission and distribution towers, poles, lines, guys, anchors, ducts, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. SECTION 2.ZSAHCHISE 2.1 Grant -pf franchiJ^* City hereby grants company, for a period of twenty years from the date this ordinance becomes effective, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes. Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject tr ' provisions of this ordinance. Company may do all reason things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. 2.2 Effective Date: Written Arreptarice. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law [and the City Charter]. An acceptance by the Company must be filed with the City Clerk within 90 days after publication. I 2.3 Service Rates and Area. The Company will provide adequate, efficient, and reasonable electric service and at rates which fairly reflect the costs of doing business on its utility system.The Company is an electric cooperative governed by Minnesota Statutes, Section 308A.Its business is conducted by a board of directors elected by the members.The rates for electric service are set by the board of directors and are reviewed periodically based on cost of service studie? prepared by professional consultants. 2.4 Publication Expense.The expense of publication of this ordinance shall be paid by the Company. 2.5 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may c -r^ence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either parti- may take any other action permitted by law. -2- SECTION 3.OTHER REfiULATIQWS 3 1 Tv^^n^■^nn of Faeilitieg.Electric Facilities shall be located and constructed so as not to interfere with the safety an convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the City. The comoanv's construction, reconstruction, operation, repair, SeLncfSnd location of Electric Facilities shall be subject to other reasonable regulations of the City. 3 2 vioirt T.nraMons.The Company ?hall provide location^ for any of its underground Electric Facilities within a reasonable period of time on request by the city. The period or time will be considered reasonable if it compares favorably with the average time reguired by the cities in the same county to locate municipal underground facilities for the Company. 3.3 g.raAt Openings. The Company shall not open or disturb the paved surface of any Public way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. conations imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the Pa»®^ the^ of any Public Way or Public Ground without permission from the Su? «h«e an emirgency exists requiring the Electric FaciXiiies.In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of a Public way or public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees. 3.4 Rpst-nration.After undertaking any work requiring the ooeninq of any Public Way or Public Ground, the Company shall r«torI ?L sLe, including paving and its foundation, to as good condition as formerly existed, and shallcondition for two years thereafter.The work shall ^completed arpiomptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, SquTpi^nt and material, and put the Public way or Public Ground in tL s»iA condition, the City shall have, after Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the tiflht to make the restoration at the expense of the Company. The Company sSStl pay tr?h “ctty the cost of such work done for or Performed bv the City, including its administrative expense and overhead, plu^ten percent additional as liquidated Gamag.s^ Shall be in addition to any other remedy available to the City. 3 5 ilae nf Poles.The Company shall make space available on its poles or towers for City fire, water utility, nolice or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by -3- another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. SECTION 4.BP;T.nrATTnws 4.1 of Electric Facilities in Public Wavs. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order^the Company to relocate its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own expense. The City shall give the Company reasonable notice of plans to vacate for a City Improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area. Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City utility System or other City improvement. 4.2 Relacatinn of Elart-rie Facilities in Public Ground. Except as may be provided in Section 4.3, City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company’s expense. The provisions of 4.2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 4.3 prr>-i<»rtg with stahff or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-better«nent costs of such -4- relocation and the loss and expense resulting therefrom are first paid to Company# but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 ability.Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5.TREE TRIMMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction# operation# repair and maintenance of any Electric Facilities installed hereunder and spray same with herbicides approved by the Environmental Protection Agency, provided that the Company shall save the City harmless from any liability arising therefrom# and subject to permit or other reasonable regulation by the City. SECTION 6.INDEMNIFICATION 6.1. The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the Issuance of permits# or the operation of th*e Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, the Company’s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company’s determination. 6.2 In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly•given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or inununity that the City could assert in its own behalf. -5- SECTION 7.VACATION QP PUBLIC WAYS Th« City Shall give the Company at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a rig}it-of-way, under Minnesota Statutes, Section 160.29. SECTION 8.CHANOE TN FORM OF OQVERMMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9.FPAWr.HTSE FEE 9.1 ggparatft Ordinance. During the terra of the franchise hereb/ granted, and in lieu of any permit or other fees being imposed on the ‘company, the City may impose on the Company a franchise fee of not more than five percent of the Company* s gross revenues as hereinafter defined.The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9.2 Terms Defined. The term -gross revenues- means all suras, excluding any surcharge or similar addition to the Company’s charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9.3 Collection nf hhe Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues of the Company during complete billing months during the period for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its cufitomers prior to payment to the City by imposing a surcharge -6- equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds.The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain.The Company agrees to make its gross revenues records available for inspection by the City at reasonable times. 9.4 Conditions on the The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 10.SEVgRABILTTV If any portion of this franchise Is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. , SECTION 11. This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company’s written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. SECTION 12.PREVTOnS FRANCHISES SITPERSFPgn This franchise supersedes any previous electric franchise granted to the Company or its predecessor. Passed and approved Mayor of the Citj Minnesota ATTEST; Clerk of the City of _ _ _ _ _ _ _ _ _Minnesota 23 2SPS 6890.2 TO:Mayor and City Council FROM:Mark E. Bernhardson, City Adrainistrato DATE:June 8,1990 SUBJECT: Council Minutes of May 29, 1990 Meeting COONCIL MEETING JUN i 11990 CITY OF ORONO Due to a mechanical breakdown in the City Recorder's equipment the Council minutes of May 29, 1990 will not be available for the June 11, 1990 meeting. Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson COUNCIL MEETING JUN 111990 u 22,490 s.f. Proa:Jeanne A. Mabusth, Building & Zoning AdministraWF Dates May 2,1990 Subjects #1502 Michael Hilbelink, 2180 Prospect Avenue - Variances - Resolution Pertinent Ordinance - A)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 or .516 acres Variance « 64,630 s.f. or 1.48 acres of 74% B)Side Street Setback Variances Required Setback « 50* Proposed * 23.5* Variance * 26.5* or 53% C)Section 10.03, Subdivision 15 Variance Allowed « 3*6" Proposed = 5* Variance *= 1*6" or 42.8% D)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. (C)- Fence Height List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - ^ Exhibit G - Profile o** Fill Exhibit H Exhibit I Exhibit Application Property Owners List Plat Map Resolution #1836 Staff Memo Sketch of Fill Area - Temporary Easement Council Minutes of 8/26/85 Easement Agreement Temporary Construction Easement for Sewer Exhibit L - Public Hearing Notices J -Sanitary Zoning Pile #1502 May 2,1990 Page 2 of 3 Exl|tibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit M N 0 P Q R S -Survey/Site Plan -Staff Letter to Cook -Cook's Report 3/26/90 -Drainage Plans for 1985 Drainage Project Adjacent To North Property Line -Amended Drainage Plan -Hilbelink Letter of 3/14/90 -Letter to Neighbor to North ExhibitT - Heikkila Letter 4/12/90 (Neighbor to North's Attorney) Exhibit U - Heikkila Letter 5/25/90 Exhibit V - Floor Plan/Elevaton Review of Application - The Hilbelink variance application was reviewed by the Planning Commission at their March 19th, April 16th, and May The proposal involves a request for a lot area variance, variLce for the proposed residence to Prospect Avenue s Une and a height and placement variance for a privacy fence street lot line on the south side (P- 'spect Avenue).Please review Exhibit M. The fence variance was cone- tually denied ^j®pl"2ing Commission at their March meeting. The .plication was further review by the City Engineer of .e drainage concerns neighbor to the immediate north and to Provide an amended drainage pla? based on City Engineer's directives.The . ®°"‘=®^^st2ddrainagae was to minimize impact on the drainage way that existed between the shared lot lines of the i-operty to the north and Hilbelink property.Please review the enclosed greater detail on this review.(Memos dated 3/14/90, 4/11/90) Please review Exhibit Q. The amended drainage plan shows drainage being directed predominantly to the Street. Neighbor to the north appeared at all SlaL.te i meetings and once again announced that ‘hey were willing to d^ drainage easement over the drainage way within their portion ot .ne property. Mr. Hilbelink's letter of March 14, 1990 (Exhibit R) he had no definite building plan for the improvement of the property but advised that because of the substandard lot that he would stil 1 ask for the side setback variance.It was his 5° Pt*°® * house within the defined building e"/*l°P®^ ad^qM^^M o The PlanninQ Commission did not accept this as a q re«on°'to g«nt S slL setback variance and advised the applicant thartheir reco^endation would deal solely with ^ ^nfth^? at ?h° UT,e of the final d®v®l°P»®n;Side setbacK variance would be neccessary that this would requir additional variance review. Prior to scheduling the applicat! hefore the Mav 14th meeting of the Council, the applicant asked to placed on the^Planning Commission agenda for reconsideration of the Zoning Pile #1502May 2, 1990 Page 3 of 3 side setback variance. Hilbelink submitted a plan with elevations (exhibit V) that placed the house 23.5 feet from the southern lot line. The Planning Commission voted unanimously to approve a lot area variance and a side setback variance of 20* holding to a 30* side setback for new construction from southern lot line and that final drainage plans must 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 VARIANCES TO MUNICIPAL ZONING CODS SECTION 10.28, SUBDIVISION 5 (B} AND DENIES VARIANCES TO SECTION 10.03, SUBDIVISION 15 (C) AND SECTION 10.03, SUBDIVISION 18 PILE #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: R' r e t 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 and a side/strect setbacJc variance that would place t.'r> structure 23.5' instead of the required 50'. The applicant also seeks variances to Section 10.03, Subdivision 15 (C)and Section 10.03, Subdivision 16 to allow a 5' fence in a required yard area that would allow a 3' to 3-1/2' high fence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1502. 2.The property is located in the RP-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, April 16, 1990 and May 21, 1990 and recomm ended approval of the proposed variance application as amended based upon the following findings: Page 1 of 5 a)The property consists of .516 acres and is subject to 2 acre zoning standards. b)The area of the property is consistent with the surrounding one half to three-quarter acre pattern of development within the Crystal Bay neighborhood. c)The property is served with sewer. d)There is no additional area available acquisition to increase the building envelope. 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 hazard to the public who use 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 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 cc:imunity. 6.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air or pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre­ serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning coae uul irehensive Plan of the City. Page 2 of 5 J CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies variances to Section 10.03, Subdivision 15 (C) and Section 10.03, Subdivision 16 and grants variances to 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% and a side setback variance of 20' or 40%, subject to the following conditions: 1.Prior to the issuance of a building permit by the City for the new construction, applicant «iust provide proof from the County that delinquent real estate taxes and special assessments have been paid. Applicant is further advised that there is approximately $6,825.84 incurred by the City as a result of a previous Hazardous Building Action against this property. This fee is in the process of being assessed against the property. Applicant will have an opportunity to pay this off prior to the format assessment to be ordered by the Courts. 2.New driveway access at Briar Street must be reviewed by Public Works Director prior to the issuance of a building permit. j.Connection to municipal sewer prior to the issuance of a Certificate of Occupancy for new residence. 4.City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 5.Granting of a 10* wide drainage easement along the niith Louiiuuii line aiiU the granting of drainage and utilit.y easements 10' along southern property line and 5' along west property line. 6.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 11, 1991). Page 3 of 5 7.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, .hall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of June, 1990. ATTEST: Doroti M.Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this 11th day of June, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Mir.n- ota municipal corporation and said instrument was executed on bt'ialf of the City. Notary Public My Commission Expire.^ Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION: All that part of the Northeast Quarter of tne 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 Last 200.00 feet; ■thence South 130.00 feet; thence West 208.00 feet to the point of beginning. •.?r.•h:•• To:Mayor Grabek & Orono Council Members Planning 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 Commission appeared to have no problem with the lot area side variance setback phase of the application.Planning Commission advised the applicant that they could not recommend approval of the variai.w'^s 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 the proposed construction 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 Commission 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 meeting, the property owner to the north agreed to grant drainage easements 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/eleyations for the review. The applicant does not have definite building plans, but agrees to build within the defined envelope set forth in the ex.iibits. He understands that any cnange from the defined plan wjiild require a new review by the City. Options of Action - Denial. If denied, please refer to the necessary findings set forth in the variance sections of the Zoning Code. Zoning File #1502 April 11, 1990 Page 3 of 3 Partial approval. Recommendation to approve the lot area and setback variance for the proposed 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 consistent 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 buildinu 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 p*ay this off prior to the formal assessment ordered by the courts. 2.New driveway access off Briar St::eet must be reviewed by Public Works Director prior to the issuance of a building permit. 3.Connection to municipal sewer prior to the issuance of a Certificate of Occupancy. 4.City Engineer to review final drainage 'grading plans for new construction prior to issuance of a building permit. 5.Granting of a 10' wide drainage easement along the north boundary line and the granting of drainage and utility easements (10* along southern prop<%rty line and 5' along west property line). /6To:Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Pros:Jeanne A. Mabusth, Building & Zoning Administrator Date:March 14,1990 Subject:#1502 Michael Hilbellnk, 2180 Prospect Avenue - Variances - Public Hearing Pertinent Ordinance - 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 « 64,630 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) —UjUxJ' 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. 22,490 s.f. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - ExhlDlt H - Exhibit I - Exhibit J - 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 fwfnporary 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 was 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. Review 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, tne 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 now 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 of 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 location of the former residence, but it is apparent to staff that the 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 cf 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 application 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. 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 OF ORONO - VARIANCxi APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original appl ion) After-the-Fact Fees (Double application fee) #1 LUN 'Prospecrh PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) /Q HI_3J^ OO / ^ CITY CF cim FmiiQF OFFICE13502r /TllcJujUt Phone (work) Attach legal description to application if not included on required survey APPLICANT Name (3o/cfieN Qi City; O/€cfyi0----- Zip:---^Address:_ _ _ _ OWNER (if different than applicant)Phone (home) S/S/c?/^ ~ Phone (work) Address:0.citv:/?^X4i^A' /^Zio;3^^^^ Date Property Acquired I (do) (do not) also owi (month/year) n the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property /?ie- IB /c Residential Other (specify).- DESCRIPTION OF REQOEST Estimated Construction Cost $- - r-T’“-Ul /?A- - - VARIANCE REQUIRED )C Lot Area Lot Width Front A K ___ Hardcover Side _____ Rear)Setback Variances (_ _ other An^M/Z. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:^ ^k^Lto DESCRIPTION OP DNUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1.Completed Application Form 2.Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3.Plat Map (obtained with property owners list). 4.Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. 5.Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6.S)cetches 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 OF LARGE DOCUMENTS OR_ _ A WORKING COPY (ll* X I?" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application.Please remember that your variance application is not complete if the above Information has not been included. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and corjrect to the best h>s/her knowledge. Applicant's Signature^"^^^^^^i^^2^^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 ^_ _ Dateg^^/f^_ _ _ _ _ _ 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 sch-^^uled review meetings of the Planning Commission and Council. 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A City of RESOLUTION OF-tHE CITY .COUNCIL NO. - .:• 1036 • A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION IB.03, SUBDIVISION 20 PILE #957 WHEREAS, Fred 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 corner of the Northeast quartet of the Southv/est quarter, then North 130 feet, then East 208 feet, then South 130 feet, then West 208 feet to the pornt 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 "nateriai 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-IB 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 * depth averaging 1 to 2 feei 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 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 Commissi^on, 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 p eiFf- - f.- .aEr/.i:Tj i^anaNO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1836__________ 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 proper.y 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. COMCLOSIOHS, ORDBR AMD CONDITIOHS 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. 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 punishable 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. 1985. 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 CITY City of ORONO V"•% RESOLUTION OF THE CITY COUNCIL NO. 1836 __________ aRat«^ 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 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 >rr^-~rry '• '• -T-v i ■'•>■">*>'*-V !mV / r '»: ’ ..■•■'f'^'-r.».* ‘r-f** Council •. . .^ **♦"*•'» • •><:. . »^ 0./-;;jV.-.-Ey..-a^:y.V' . •■- r-:v ; ''-. Vv/j.v: ^-Michael P. Gaffron, Asalstant Zoning Adaiol*tritor '*.'^Sy%T‘>;PROM: DATS. 8-22-85 -v-^ . .^SOBJBCT: #937 - Fred W. Cuctia, 2I8i >ProapRC^4y#»ttf|ggjg|^ Conditional Use Permit - Fill . List of Bihiblts Exhibit A - Plat Map Exhibit B - Property Owners List Exhibit C - Easement Site Plan Exhibit 0 - Fill Placement Plan m?> As part of the Crystal Bay Sewer Project^*^we'h• i pcrtunity to correct an existing drainage pcoblea. and PSoVi4«l and Mrs. Curtis with a maintainable back yard acee..f'Tbm'psopo«el?«{]^ will take approximately 370 cubic yards of excess 'flll*'fto«~the;^'”;., sewer installation, raising the Curtis's back yard an evexage 1* to 2 ’. This will also help to channel lie the'neighborhood drainage flow between the Jentilucci and Curtis properties* This is not a designated wetland area, but ■erely*'*a ^low*' intermittent collection area. The City Engineer has drawn up the.^y wv plans. Staff recommends approval per the attached resolution^ .'I'yy .Jv------ . - •. ■ . ■'■ ■•.- ■ . m. W-' -.i •• s-s-'*- i C'ii-. K4il v*a ’;% , " ■> •/V .:u"-..* CITY OF QRQMa City of OROIVO RESOLUTION OF THE CITY COUNCIL ^ IMO. 1836_ _ _ _ _ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNFPIN ) 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 m r •OMC8TIIOO. momm. anoi ru ^a AMOciATniMa Ma f i CONSTRUCTION OBSERVATION REPORT "SSSPJSSS^ CUMt PMt i^WM Bff iW» l«. c4, ^ #/ c4* *.. t^-y 4 , t ^hm» , t ; • ■» 1 • t' a;: r^* t C.-3^ <4.^ ♦——' •A« « « «. «*t *4./» - •. jfi; :-'f !4:;g. •^.♦.iWA^eW*), •4.# ■ ; ’ :V:‘:. . '- . ... s:. .*.; I-' u? si# '7'* ;r.'.. ;! himutm or TH.oroHO coohcii, ««i-0 »»;»« ATTENWHCB 7.04 m ,bov. 0«t« »lth th« fol^i«g meters prerent. Meyor Butler, Couneiln«tare Frehm Abeent. CouncllBenbere Crabek and follSiin, repreaented the City St«« •B^rnhardson, Public Works Coordinator Garhardyn# iraacondad ’^by-COCOHSBMT AGHTOA* . ^ Mayor'ButXar iFsacondad^by^ouncl 'rrawrova thV Cwisant ^Agwnda aubjact-to 'x---- *?SIl7SpP?Svalo£Mlnutea. •«#7 Shaver/Tearae Riparian Taaue, pet eounelliMnbeti^ V.r.?: ^wotionp Ayes (3) t Nays (0). •956 WRS. PHILIP W. PILLSBDHT , 1200 BHACWTrS POIHT HOW) ;sssSo«.i.3s ,-M POTttjc HBARIRG Piiiabury. “er attorney StiiwM^ present. ■ ,‘a ■ ‘ ".‘ft* ' " toning Adminiatrator Habuath not^ nailing and affidavit of City Adminiatrator Bernhardaon revloeed^o^fi anting that the old houae ^S/^;„^*5eo^_ ne* house improves the hai icover, and ilt width,varlA»daiSBer ihardson state d that lot area needed to conforru :. ' that the Plan.iing Commission recoa»o ^ approve the variance a^rlication. There vere no comments from the publj was closed. V“ It was moved byCounciimember Adams, toapproving the variance.Motion#^,A (;#957>.W. CURTIS____V PHOSPBCT AVBNUH -^^ftSmONAL USB PBRMIT A>.^^0N #1836 PO»tC n»RI>0 7.30^-^.34 p, SSJtl?, ^.-iTd^ VfVidVvYt siSvS^ ***■* feli L III ' h MINOTKK op tmr pecuuvr oromo council mbbtjhc rblo robust 2«. 1SI5.fRCl 2 I9S7 CURTIS city Administrator Dernhardaon axplained the City' • reque* (as the applicant in this matter) to correct an •xiatlnq drainage problem at 2180 Prospect Avenue which will a.lo improve tne drainage flow between the Curtie and Jentiluce^ properties.Bernhardson stated that the Jentiluccl* a in agreement with the proposal.* City Engineer Cook explained correcting this problem. hi a propoaed ‘.plan* LaDean McWilliams, 1130 Will©.# Dr., waa present "for _ __ _ __1 f 'T #4'netter bvit made no couuaenta. There were no coawenta f roe the public and the public hearlB^ waa cloaed. 4councll»e»ber Prahm requested that staf* ^btain a atatement from the Jentilucci a indicating concurrence. It was moved by Councllmember Praha, aeconded Counci Imember Adams, to adopt Resolution •J®36 approTlflg W Conditional Use Permit. Motion, Ayaa (3), Ways . 101 APPPOV\L OP MIIIDTBS It was moved by Counci laambar Praha. aa^oded Counci Imember Adams, to approve the Mlnutaa of tha August 12 1985 Council meeting amending the motion on pay PAJW COISU88IOM coioiDrrs There were comment! from tha Park Coaaslaaion* LAKE MIMinnOMRA COSSRRVATIOM DISTRICT RBPORT - DOCIM MSTIIICTIOII^^ R..pr,.,nt.tlv, -oEU.n H.rr ... pr«.«t."urrJJ. out to the Council literature on boat launches and a uapot '.k*. . "** Hurr reports' 14th regard; private doc government si ator» in f rc n »t ♦■he LMCO held a public hearing on y, a number of bo-ete that rr stated that ma not interfere with if tneir homaa, howuTsr Buppmt of legislative action to contro Hu-r stated that one option bolng restriction on two boats, and aRlT prove ownership. ^ Hurr preaented and explained a prlntyt Mun 1 cipa 1 Court 0/ all kho_*tlcfcatS^Wj ;ti;;d*^hat tnay11 stricter Boating Whila-;- -— LMCO may adopt their t i: EASEMENT AGREEMENT City Fcrm 1985-1 THIS IHOENTURE, mad* this O day of , 1985, b*cw*en Alexander J. Jentilucci and oianne^^yCJefttilucci, husband Minneaotd (hereinafter referred to as •City*)* W I T N E 'H: Owner, in c .ation of the sura of One Dollar ($1.00) and other qood and valu ..conside ation to Owner, in hand paid by the City, the receipt anc jofficiency whereof is hereby acknowledged, doM Grant, Bargain, Quitclaim, and convey unto th« “‘y- the following perpetual easement over and under and across real property located in the County of Hennepin and the State of Minnesota, and legally described in Exhibit A attached hereto (hereinafter referred to as the -Easement Parcel ). said easement includes the free tight to enter upon, under and over the Easement Parcel, to remove trees, brush, grass and dirt and other structures therefrom, to construct,. ?Sp?ov*meii« «!.t.d thereto (hereinafter required to prevent the freezing of liquids .J ^ fSsii=r^srsS??aU'3ot5 . i^^^cept " thlcase of any arer to be used fcr street and other improvements related f « eto. In exchange for this permanent ease.ment. City agrees to do the following for the Owner: 1. 2. Remove one small tree within the drainage ditch area and replace it with a small tree 2 1/2 inches in diameter. Remove nne tree ..-ump withi-bne drainage ditch area. a.To clean out ditch located betwo-»n ♦■ho -itilucci and the Curtiss properties according to the di--j^Jions between Mr. Gerharasor and Mr. Jentilucci. b.The City will have the curr ntly broken tile line or the Ned Dayton property reno-ed. 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 convpleted. 5.City will use its best efforts to attempt to 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 thereto 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 the 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 owners of the Easement Parcel and have legal.title thereto and have lawful tight and authority, without restrxction, to convey the easement as herein granted. State Deed Tax Due ilereon:Exempt IN TESTIMONY WHEREOF, the owner has caused these presents co be ( .ecuted the day and year first above written. -2- STATE OF MINNESOTA ) COUNTY OF ) ss. ) On this day of » 1985, before me, a notary public within and for said county, personally appeared Alexander J. Jentilucci and Dianne^.<Jentilucci, husband and wife, to me known to be the persorfs^escribed in, and who executed the forego ' • instrument, and acknowledged that they executed the same as thr^. ' f?.ce ac<* and deed. I^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 1985-1Sanitary Sewer Right 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 Construct 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 over, 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 in connection with such construction of public improvements, and to do anything necessary or useful or convenient for the enjoyment of the easement herein 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 restriction, to convey and grant the right of entry and temporary easement herein granted. IN TESTIMONY WHERE^, the parties have hereunto set their hands this ,day of Clu^ila^1985. 1 (Owners)0 COwners)/ CITY OF ORONO By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ^day of , 1985, by .>n /4 l]^*y /I-d.y^^A y me knov^ to be^heperson(s) described in, and who executed the foregoing instrument, and ackowledged that they executed the same as their free act and deed. ^ \ t- a rv Piih lie STATE OF MINNESOTA ) )SS . COUNTY OF HENNEPIN ) W.:. rte:; The foregoing instrument was acknowledged before me this day of _ _ _ _» 1985, by - - - - - - - - - - - - - the _ _ _ _ _ _ _ _ _ ___ _ _ _ _of the City of Orono, a municipal corporation, on behalf of the corporation. Notary Public This Instrument Drafted By: Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. 4344 IDS Center Minneapolis, Minnesota 55402 5710f -2- 1*— r 44 t r4 «/% >* ID;a u •44 44^ f • u u c J8u ^ D < • ■M •• 4-; ^ iT* Ki .Ml«> K >»suit ir»r. ^4o o «4 > c — If 0 15 KB 4. M 15< >. r ^ c • ^ f' r: i-§is (ft iO j^« o J*> 3 Ca X s: ^O M l» **c o • « Oi/^ o >«w • u 1-4 fN C. C u ^ O O 3 C C' H IQ W iT> W« 19 •0u O 44 —r o «Ncuo g b IT £ 44 in (A CO *-? • m !'•» 'Or: r.C 0 : ‘ ;s ID g c« « 3c a: . P k! J V. C t: -4 g rj O C ^■«• 3 t: •w U, r? Uio o f * >. *4c o 44 U (0 >4 A «4o« ^ in N m* mom ^ S •-« 3C «4 0 0 b» ***<DnlcrtS53;:in 1 sc r* *n 04m in 44 m 44 ^ «* 9 Vi «n '::2 i o> z< s gc g 20 u s o d\ 0 ro u in g in *■ ^c _M 44 ^ in < VJ X •0 i-4 •14 W «W 19 aS *n 54 M M N >%o >*o u M X 10 a S •'’ 50 C4 O ^ 4> a a IQ o *4c in • wc m o >• ■p^ 4*1 - Up S l U CM a _ M ID S5*•H IQ §-S« a 44 >» 2M •-• N ®r;6 i -7 •■■fS v-jy.';- rnmmmmimT. ^4 •« H < U n dk r-l H U < H O 10 is r-1 s: o M < £-• Muu Pk o Bou o is O «o lu O >< »-i u •>4k O 0 c o ft*K.u o H-a o^c >,^^2 •Hu £.S;^; ««■•) ■s> "2 ^ 11 • • J-l'— O -■ ^. Ow T3-^ .'2 O CT'J C • .k oi£^ 8-^ ^ CTJ •H C Vk O G ’'•*o X Tc •H fit y ik O Cr^'^ C XI C>3 S &4 >1 *H O o’ »k fit 'O o “u (\i kJ k^ (Q a < JZ 00 QO> 4J'- »o * CJ«N tH-» H <U £u; 3 O S< k4 o c*•u »k 'U c; 2 bi b)o c kJ •H c M U Q Ou :• . u •Hx: 4J ”7 ■;, ^'.■•:• 'V ‘' '•'. . /-■ ; I• ■k r-.v,f'.-..irC<i^.:,-V^%*r*'‘' CERTIFICATE OF SURVEY , . Prepared for: ______________ .KcvUeJ 4)0/^0 c»n4*«rft 4ievi(eJ 3/lb/‘)0 4o $hou) ^Urm itvJtY end , MIKE HILBELINK K end dr«irt^e»e^. Rmm) i/nho tW V.:I /• All that part of the Northeast Quarter of the South­ west Quarter of Section 10, Township 117 Nortfi, Range 23 West of the f»tli 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 Soutliwest Quarter; thence Nortli 1 30.00 feet; thence Cast 208.00 feet; thence South 1 30.00 feet; tlience West 208.00 feet to the point of beninning. GENERAL NOTES o Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevotion Denotes surface drainage Doshed contour lines denotes proposed features Solid contour lines denotes existing features *939.7 dn] 4--------- Proposed top ot foundolion elevation = lofc*® Proposed basement tioor elevation = ^^-9 Proposed garage floor elevation = )0i.& BENCHMARK;Inv. o( sew«v CA^ch n^ar Nvv toroer* of J ’ loo.O ALL-METRO LAND SURVEYORS 2340 Daniels Street Long Lake,Minnesota 55356 Ph. 475-1433 ., ptan or report wo« prepared by me or under my direct superviiion and that I am a duly Regittcred Land Surveyor under the_laws of the Stole of Minnesota. DATE z/zil<)0 REG. NO nozt^ SCALE : 3o- BOOK moE eo 7 FILE NO. Wife A CITY of ORONO Post omce Box 66»CryaUl B«y. MinneMU 55323 • Municipal OflBcea On the North Shore of Lake Minnetonka March 21, 1990 Bonestroo, Rosene, Anderlik & Assoc. 2335 Highway 36 St. Paul, MN 55113 Glenn Cook Dear Glenn: I have enclosed a drainage plan for the Mike Kilbelink variance application for the property located at 2180 Prospect Avenue. The major concern for this review is the drainage issue and the impact on the existing drainage facility to the north, resulting from the development of 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 underground 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 Hilbelink at 85 Golden View Drive, Long Lake, MN 55356. It is the intention of the applicant to proceed to the next Planning Commission meeting in April. He has been given a deadline for submittal of revised plans of April 6, 1990. In my absence if you have any questions of the applicant or applicant's suveyor, please contact Mr. Hilbelink by ohone (Home 476-1861 fi Work 475-241]). BUILDING & ZONING - 473-7357 ASSESSING ADMINISTRATION A nNANCE - 473-735* FAX-4734)510 Pf .^f IC WORKS - 473-7359 Glenn CookMarch21,1990Page 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, ranne A. Mabusth, Building s 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 Otto G Bon«noQ PE Rot)«n W Rotme. PE Joiepn C AnacfirK PE E TUner PE Jjm« C Own. PE GWnn 8 Cook. PE Trxxnai E. No>«. PE PbOert G SchumcTH PE L SorvM. PE kMTi A Caaon. PE PlCfUfO W PoJWf.PE Oonjk)C SutgknJL PE Je»ty A BoufOon PE Mim A Mjrvjo.PE TW K F«kl PE MicrtawT RjuonAon. PE R oom p pffPtfie pe OkvidO Unkou PE TNynii W Pftenon PE MitMet C Lynch. PE Jjrtet 8 MjUnd.PE. Kennwh P Andeooa.CE M*rt R RoRv PI Rooert C Ruuei Thoouj E Anqi How«d A Sjn« Ojn«<j Edgem .Vlirk A Se<x PE Ph*p J Ck$vv*i PE Mark O VMHv PE- Thotnas8 Andmoa AIA Gary E 8yunaet.PE mar 2 8 1990 Bonestroo Rosene Anderlik & Associates Engineers & Architects March 26. 1990 City of Orono Box 66 Crystal Bay, MN 55323 Attn: 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 drainage from the house should be directed to the front yard as possible.The existing contours snould be shown on the site plan. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE. ANDERLIK 6 ASSOCIATES. INC. much as Glenn R. Cook GRC:li cc: John Gerhardson 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 /“BONESTROa ROSENE, ANDERUK & ASSOC^ INC. CONSULTING CNGINCERS St Paul,Mianasota Clitnt dtu>r4c.Paga ^ Projact ca'TSTAt. \*.MV Proj. No. 131 ic Calculations For Tt» iJt>; i.ut<_i K.-rtrl Praporad By Vn c V_Oats «0/-)4. Raviawed By Data CorJc. Cor4c> tcujU w</ U^litC i^L ^yCC< A-A •r»IMBIiMt iMM, MMUI A AS9iC;M&eiiMt sv ^• §f ••M ^At* •M I i- ■i r- II IMW rwkMft C^* fMlMii. .... 'fi. ftw » f—*T ••:-■*-!- f “*i* ••••• I^... „•—:—,.....- -L. ..j- . --------. ; ' U/*>fWfc% . i .! • I* *;■**•, ■’r*. -"I i.____i-__________*i------------------------------ •» •* *• » •• . J -i C m<. iiTry^ 1> tfxftf... - i. .. . -•k'V f=- *;.•• W* 1 "___ *i “•••■•. f » ____j. .■■■: •*•'*,••*f‘, -........J •••■-■■ CAtwi i •X I ! «.V-*- ‘*• ikiu";-.- • <**■iilTf _______. ^l l‘i#r- •- _____***^‘V**' |.. .; ..4^5,'— / 'hi..-.*S-i- ..:-------------^l.....L *T* / ■ ,toi.|»«c C/. ‘*r«* •'•*V. f^ki«M> C*ft* If*.. rtA*c» cJft*. JC «b4V fiK u Tmc . = r* tWl ^ JIIIM wi. J ..........._ ^ Y;+ • •i ___-..J. Prepared for: 4l6/^o <»r»4»«r* Revitcd 3/|fe>/00 h> shouJ s\«rm CERTIFICATE OF SURVEY MIKE MILBELINK V,. : : “: ■ ■':V^.kPv; P^PEGT—-AyiSOl sulPV■... 4^/^ !LEGAL DESCRIPTION: All that part of the Northeast Quarter of the South­ west Quarter of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the west line of th< Northeast Quarter of the Southwest Quarter of said Section 10 515.625 feet north of the southwest corner of said Northeast Quarter of the Southwest Quarter; thence North 130.00 feet; thence East 200.00 feet; thence South 130.00 feet; thence West 208.00 feet to the point of beginning. GENERAL NOTES 1r a: < crtn\ o Denotes iron monument Denotes cross chiseled in concrete *939.7 Denotes existing spot elevation [9391 Denotes proposed spot elevation <--------- Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines denotes exist' features Proposed top of foundation elevation = lot.© Proposed basement floor elevation * 98.8 Proposed garage floor elevation = )0t.© BENCHMARK; Iny. of sewer wUh U«iir» near NW corner of ftbovc properly. Assomra ’ loo.o ALL-METRO LAND SURVEYORS 2340 Daniels Street Long Lake,Minnesota 55356 Ph: 475-1433 I hsrtby csrtify Ihot this survay, plan or report wot prepared ^me or under my direct supervition and that 1 am a duly Registered Land Surveyor under the laws of tho Stale of Minnesota. DATE zjziho REG. NO. SCALE 30' BOOK moE eo 7 FILE NO1. <)ooifc A Michael Hilbelink 85 Golden View Drive Long Lake/ Minn. 55356 Jean Mabusth City of Crono P.O. Box 66 Crystal Bay/ Minn. 55323 Re: Lot at 2180 Prospect Ave March 14/1990 MAR 1A 1890 Deat Jean, Regarding the lot application on the property at 2180 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 poinb 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. [ "I CITY I QF taFfawa CITY of OROXO Post Office Box 66«CrysUl Bay. Minnesota 55323 • Municipal Otficaa On the North Shore of Lake Minnetonka April 11,1990 Mr. & Mrs. Alex Jentilucci 1295 Briar Street Wayzata, MN 55391 Dear Mr. & Mrs. Jentilucci: At the March 19, 1990 meeting of Commission, you advised of your willingness to grant a drainage the underground drainage tile that runs along your southern lot line. ThI toning 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 receiving a written statement from you confirming your willingness to grant the drainage easement. It is &\so stood ’hat the City Engineer will draft the description for the drainage easement to assure that there is adequat^e area for the City to maintain the to tile and catch basin areas within your yard and your neighbor to the south. Please contact my office if you have any questions concerning the statements made in this letter. Sincerely, Jeanne A. Mabusth, Building & Zoning Administrator JAM/tin cc:Glenn Cook, City Engineer John Gerhardson, Public Works Director Mark Bernhardson, City Administrator BUILDING a ZONING - 473-7357 ASSESSING ADMINISTRATION A RNANCE - 473-7358 FAX-4734)510 PUBLIC WORKS - 473-7359 -r NEIL O. HE(KKILA O' COUNtCi. RONALD J. JOHNSON April 12, 1990 NEIL D. HEIKKILA & A55DCIATES. LTD. ATTORNEYS AT LAW NORWEST BANK BUILOINQ ) O » 1 SOUTH riRST street •SUITE 430 HOPKINS.MINNESOTA SS343 (6 12)93S-226S MAILING ADDRESS P.O.BOX S445 HOPKINS.MINNESOTA & APR 1 6 1990City of Orono ATTENTION:Planning Commission and City Council P.O. Dox 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 granting of 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 Pri^jpect Avenue), the former residence was situated toward the back of the lot and closer 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 existiiig drainage ditch is within the Jentilucci property. No easement has been taken by the City of T' 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. We suggest that no action be taken with respect to approval of the variance until satisfactory arrangements can be made with same. ■’hank you for your consideration.Please provide notice to me and o Mr. and Mrs. Jentilucci of any and all City Council and/or Planning Commission meetings involving the subject matter. Sincerely yours, heikki^^M associates, ltd. PYjf Neil DlxW^^kila NDHidlk cc: Mr. and Mrs.Alex J. Jentilucci Mr. and Mrs.Bob Johnson NEIL D. MEKKILA RONALD J. JOHNSON or COUNSEL May 25, 1990 UL -NEIL D. HEIKKILA & ASSOCIATES. LTD. ATTORNEYS AT LAW SECOND rLDQR-HOPKINS OrriCE CENTER 33 TENTH avenue SOUTH HOPKINS.MINNESOTA S53A3 (6 I 2)93S-2265 [QUCBQ^ lAY ?'9 1990City Council City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE:Planning Commission Action Item No. 1502 Michael Hilbelink, 2180 Prospect Avenue Variances Dear City Council Members; T am writing you on behalf of my clients, Mr. and Mrs. Alex J. Jentilucci, who live at 1295 Briar Street.As my clients and I have advised the City of Orono Planning Commission and City Council previously, we have concerns regarding the "Hilbelink" property, which abutts Mr. and Mrs. Jentilucci's property on the north and Prospect Avenue on the oa»4 . SCurv- The Planning Commission, on April 16, 1990, refused to grant Mr. Hilbelink side setback variances because he did not have specific plans for a house, but did determine that the lot was buildable. Mr. Hilbelink brought the matter before the Planning Commission again on May 21, 1990, again seeking side setback variances. Mr, Hilbelink presented a drawing of a home, including basic dimensions of the home. The information presented by Mr. Hilbelink was certainly not the specific building and founaation plans and drawings that we anticipated would be required before the Planning Commission approved side setback variances. Nevertheless, the Planning Commission approved the side setback variances, although somewhat less than Mr. Hilbelink requested and less than what is required for the house plan presented. As we advised the Planning Commission at its April and May meetings, we are concerned that; (a)The area v;here Mr. Hilbelink proposes to build the house was formerly considerably lower in elevation remainder of that lot and substantially lower ^han the Jentilucci lot, but its elevation was increased when it was filled by the City of Orono. The ground is disturbed in that area. Also, building of the home would appear to necessitate further changes in elevation as well as changes in drainage patterns of water which could cause further drainage problems, and which could put the Jentilucci property at greater risk. (b)The proposed house would face Briar Street (as opposed to Prospect Avenue as was previously the case). A long, narrow house style appears inconsistent with the lot itself. J*?® variances would not appear to have been required had a different style been used and/or the house placed in a different location a-Page TwoMay25,1990 on the lot.We question the granting of the side setback variances without more specific building and foundation plans, particularly since the proposed house could not be built with those setbacks. (c)The Planning Commission indicated that the City of Orono would take over the existing drainage ditch near the Jentilucci lot line and that the City of Orono would assume liability for maintenance of that ditch and for its adequacy. My clients remain concerned that the existing drainage system is not adequate to handle heavy rainfalls or snow melt. For the past several years we have been in somewhat of a drought situation but this cannot continue. We appreciate the City of Orono assuming responsibility for the system and its adequacy, but do not really want to get into a situation where drainage problems occur and we are forced to go back against the City of Orono for compensation for damages to the Jentilucci property. We believe that the existing system could be modified to better handle drainage of v;ater.But, that would appear to require changing the slope and drainage of the property to the west (Dayton property), creating a slope or otherwise making necessary changes in elevation so that the water would flow off the Jentilucci property over the Dayton property. This would appear to be one solution. We would ask that the City Council have its engineer meet with Mr. and Mrs. Jentilucci to discuss what changes in the drainage system are needed. If agreement can be reached on the drainage, Mr. and Mrs. Jentilucc-i are willing to grant an easement to the City for maintenance of the ditch along their property, it being suggested that the easement be 10 feet on either side of the drain tile. If agreement can be reached with respect to the drainage situation^ my clients’ concerns will be lessened with respect to building on t.ie Hilbelink property. But, any variances granted to Mr. Hilbelink should include provisions which require any changes of elevation in the lot to be approved by the Planning Commission end City Council, and should be in such a form as to appear on record title, e.g. a covenant, so that any future owners are aware of this requirement. We would respectfully request that the City Council not approve the variance to construct the residence on the Hilbelink property until and unless the concerns outlined in this letter have been reasonably satisfied.Please advise us of the date and time the City Council will be considering the Hilbelink matter.I would ask that I be given mailed notice of any action planned as to that property.Again, I urge your city engineer to meet with Mr. and Mrs. Jentilucci to see if a reasonable remedy is available.Thank you for your consideration. Sincerely yours, NEIL D. HEIKKILA d ASSOCIATES, LTD. NDH:dlk cc:Mr. and Mrs. Alex J. Jentilucci Mayor Grabek & Orono Council Members City Administrator Bernhardson MONC'MJEETWS ■0 7 Frc»: Michael P. Gaffron, Asst Planning & Zoning Date: June 5, 1990 Subject: #1510 Richard W. Brown, 2685 Shadywood Road - Variancj/Conditional Use Permit - Zoning District - L^-IB, Single family lakeshore residential Application - Request for hardcover variance and guest house conditional use permit for proposed addition. List of Exhibits Exhibit A - Notice of Planning Commission Action 5/25/90 Exhibit B - Memo & Exhibits of 5/27/90 and 4/4/90 Discussion - Please review the memo and exhibits of May 17th and April 4th. Briefly, Rick Brown is purchasing this residence from his parents, Mr. & Mrs. Richard Brown, and is proposing to construct an addition to be used as a guest apartment by his parents during the 6 months each year when they reside in Minnesota. Existing 75-250' hardcover on the property is 28.1%. The proposal would increase that to 32.8%, but if all reasonable hardcover removals occur (except driveway parking area reduction), hardcover could be reduced to 27.8%. The applicant has indicated that he does not feel the hardcover could b*> reduced to the 25% limit without making the driveway area non-^ functional. The main issue the Planning Commission wrestled with is the access layout for the proposed guest apartment. The guest apartment standards in the zoning code require that "there shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment". The majority of the Planning Commission felt that the proposed access layout does not conform strictly to this requirement, there being only one direct access door between the house and apartment, and that is through an unheated "entry hall" in the basement. The configuration of the rooms in the house and the split level nature of the garage, tend to limit the possibilities for a more reasonable access layout for an addition at this end of the house. The applicant so far has not chosen to propose a revised floor plan or relocate the addition, and would prefer not to eliminate the proposed double garage or the access door to that garage . Zoning File #1510 June 5, 1990 Page 2 of 2 Planning Coamission RecoBaendation - The Planning Commission reviewed this request at their April and May meetings, and on May 21st voted 4-2 to recommend denial of the proposal based on the excess hardcover and the lack of resolution of the access issue. Specific concerns mentioned by various Planning Commissioners include: - Direct access to the apartment from a separate 2 car garage gives this addition the perception of a totally independent unit. While this separate garage makes the most efficient use of driveway hardcover, it tends to further separate the apartment use from the residence use. - While the layout of the existing house makes the primary interior access problematic under the current proposal, the addition could be revised and relocated to solve those problems . Staff Recoaaendatlon - First, staff would recommend that Council members tour the house and site with the applicant to better visualize the layout of the existing house. The zoning code section on guest apartments was revised in 1987 specifically to address the mode of access to minimize the potential for such an apartment to be rented out. The intent of the applicants clearly is for family use of this apartment, but the current layout does suggest that a future buyer of the property would perceive this as a totally separated rental unit under its current layout. While language would be placed in a resolution filed on the chain of title that strictly prohibits such a use, in practice such a rental use might easily be initiated without the City knowing about it. That is why the access requirements were specified in the 1987 code revision. Council could consider the following options regarding this application: 1. Conceptual denial of conditional use permit and variance request, directing staff to prepare a resolution. 2. Conceptual approval of both conditional use permit and hardcover variance (with or without removals), directing staff to prepare a resolution. 3. Table, direct applicant to provide a revised plan that addresses or resolves specific issues (specify them). 4. Table for further discussion. 5. Other. CITY OF OROHO P. O. Box 66 Crystal Bay, MN 55323 473-7357 ZONIHG PILE #1510 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: May 25, 1990 TO: Rick Brown 6167 Sunny Road Minnetonka, MN 55343 COPIES TO: Richard W. Brown 2685 Shadywood Road Excelsior, MN 55331 TYPE OF APPLICATION:Variance Conditional Use Permit DATE OF MEETING: May 21, 1990 VOTE: 4 For 2 Against Planning Coanission recnaarnda the following: Denial for reasons noted below NOTES AND SPECIAL CONDITIONS? Recommendation to deny was based on the unresolved issues of hardcover and interior access for the guest apartment. Applicant's next scheduled meeting is confirmed as: City Council Monday, June 11, 1990; meeting starts at 7:00 p.a. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. i Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Fron: Date: Subject: Michael P. Gaffron, Asst Planning & Zoning Administrator May 17, 1990 #1510 Richard W. Brown - 2685 Shadywood Road - Variance/Conditional Use Permit - Continuation of Public Hearing List of Exhibits Exhibit A Exhibit B Exhibit C Notice of Planning Commission Action 4/20/90 Planning Commission Minutes 4/16/90 Memo and Exhibits of 4/4/90 Discussion This item was tabled at your April meeting for applicant to explore possibilities for reducing hardcover in the 75-250* zone, and for reconsideration of the access doorway layout. Planning Commission indicated that the main access to the guest apartment must be clearly t** ough the house and not primarily from the attached garage Since that meeting, staff has and made an additional site inspection and toured the house with the applicant. Unless the proposed addition is relocated, there is no clear solution to direct access from the upper floor of the house. On the lower floor, it would appear feasible to remodel the unheated "entry hall" to decrease its apparent functionas a vestibule. Finally, elimination of the garage access door would seem to be a viable way to eliminate the most obvious exterior access that suggests a totally separated apartment use. In reviewing hardcover, the proposed configuration at 27.8% after possible removals, could be reduced only by eliminating portions of the driveway backup apron, or reducing the size of the proposed construction. The garage configuration is probably as efficient as it can get, both garages using the same driveway apron. Removing the front sidewalk would reduce hardcover, but would certainly leave access to the house lacking. As of this writing, applicant has not submitted a revised proposal. Staff would highly recommend that, if you have not already done so. Planning Commissioners should meet with the applicant on the site to view the interior of the house in order to grasp the access problems. ■ I II Zoning File #1510 May 17, 1990 Page 2 of 2 Staff Re indationp If Planning Tonunission can resolve the access and hardcover issues, a ricommendation for approval could be forwarded subject to the following standard conditions: 1. The second dwelling unit is allowed as a guest apartment only, to be used for relatives and non-paying guests of the property owners. The unit may not be rented out. 2. The two-family dwelling or guest apartment use shall cease at such time that the current applicant/owners no longer own the property. Any subsequent property owner would have to re-apply for this type of use or remove the kitchen facilities. 3. shall not be separated but shall be metered joint.. -c: the principal residence. 4. The guest, apartment shall not have a separate street address. 'pc /iccesr A><yr mots */-2- CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 ZONING PILE NO. 1510 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 4/20/90 TO:Rick Brown 6167 Sunny Road Minnetonka, MN 55343 COPIES TO:Richard W. Brown 2685 Shadywood Road Excelsior, MN 55331 TYPE OP APPLICATION:Variance/Conditional Use Permit DATS OP NESTING:4/16/90 VOTE: 6 For 0 Against Planning Commission recommends the following: Tabled for reasons not elow NOTES AND SPECIAL CONDITIONS: Tabled for further consideration. Applicant to explore: 1. Possibilities for hardcover reductions toward the 25% 75-250' standard. 2. Revision of access doorways, so that main access to the guest apartment is clearly through the house and not primarily from the attached garage. Applicant's next scheduled meeting is confirmed as: Planning Commission Monday, May 21, 1990; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. 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 opt 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. 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. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Front Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 4, 1990 Subject: #1510 Richard W. Brown, 2685 Shadywood Road - Guest Apartment Conditional Use Permit - Public Hearing Zoning District - LR-IB, Single family lakeshore residential, 1 acre Application - Request for conditional use permit to construct a guest apartment addition to the existing residence. List of Exhibits Exhibit A - Application & Letter of Request - Plat Map - Property Owners List - Survey/Proposed Site Plan - Hardcover Calculation Worksheet Submitted by Applicant Exhibit F - Staff Hardcover Calculations Exhibit G - Proposed Floor Plans/Elevation Views Exhibit H - Letter of Request from Applicant Exhibit I - Section 10.20, Subdivision 3 (G) ii Exhibit J - Air Photo, May 1989 Exhibit B Exhibit C Exhibit D Exhibit E Pertinent Facts - 1. The applicants are selling the house to their son, who will be residing in the house full time. The applicants would be living in the guest apartment during the six months of the year in which they will live in Minnesota. 2. Applicants had intended to meet the hardcovei limitation of 25% in the .75-250' zone. The only hardcover xn the 0-75' zone is a 290 s.f. portion of an existing boat house, equal to just over 1% hardcover in the 0-75* zone. In the 75-250' zone, a staff calculation of hardcover indicates there is currently 28.1% existing hardcover. If no removals occur outside the areas of the new addition, this will increase to 32.8%. There are areas of landscaping, patio, a shed and excess driveway next to the now garage, that could be removed. This could result in a net 75-250' decrease from 28.1% down to 27.8%. Hardcover Sumary: Existing 0-75* 290 s.f. (1.1%) 75-250* 6,861 s.f. (28.1%) Proposed Same 7,999 s.f (32.8%) Possible If Removals Occur Same 6,782 s.f. (27.8%) ■pc.e.L?®' Zoning File #1510 April 4, 1990 Page 2 of 3 3. The guest house conditional use permit section of the code [Section 10.20, Subdivision 3 (G)l was revised in early 1987 to distinguish between guest houses which must meet all regular lot requirements and guest apartments, which have specific requirements for access, utilities and usage. A copy of that section is attached. 4. Technically, an average lakeshore setback variance is required for this addition. This property has the characteristics of a peninsula because it abuts the lake on the west side and a lagoon to the north (see attached May 1989 air photo). Discussion - I would first refer Planning Commission to the attached copy of Section 10.20, Subdivision 3 (G) - il. "Non-rental guest apartments." The applicant's request appears to meet most of the conditions prescribed for such an apartment, as follows: A) the intended use of the apartment is for the non-paying relatives (parents) of the future owner, and is not intended for rental use; B) an additional 2-stall garage is being provided, hence parking concerns are addressed; C) sewage treatment is not a concern because this is a sewered area, and the applicants intend to maintain the utilities as part of the main house, and not separately metered. Access to the proposed guest apartment can be gained via a number of doorways. There is a single doorway from the new garage with access directly to the apartment. A walkout glass door is proposed on the lakeside on the lower level. A glass sliding door will lead to the existing upper level deck. There will be an access door to the store room above the existing garage. The entrance to the main body of the house is via the proposed kitchen through an existing "entry hall" to the family room. Given the nature of the existing entry hall and the storage area above the garage, it is arguable whether the proposed access layout strictly meets the intent of the code in that there shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment" (emphasis added). One could argue that the new garage entrance will act strictly as the primary access, and that the entry hall access on the lower level acts merely between two totally separate units. On the other hand, the obvious shared use of the upper level deck helps to integrate the use of the apartment into the main residence use. Zoning File #1510 April 4, 1990 Page 3 of 3 Staff Re indation - Planning Commission should address the following issues in its recommendation to the Council: 1. Is the existing access layout acceptable? Does it meet the intent of the Code in providing primary access to the apartment from within the principal structure? 2. Should a hardcover variance be granted to allow a 75- 250' increase from 28.1% to 32.8%, or should excess hardcover be removed to result in an overall reduction? 3. Does Planning Commission have any concerns with the granting of an average setback variance? Will this addition have any significant impact on neighboring properties? If the above issues can be resolved, staff would recommend approval subject to the following additional standard guest apartment conditions: 1. The second dwelling unit is allowed as a guest apartment only, to be used for relatives and non-paying guests of the property owners. The unit may not be rented out. 2. The two family dwelling or guest apartment use shall cease at such time the current applicants/owners no longer own the property. Any subsequent property owner would have to reapply for this type of use or remove the kitchen facilities. 3. Utilities shall not be separated but shall be metered jointly with the principal residence. 4. The guest apartment shall not have a separate street address. PRBSBMT OSB OF PROPERTY Present Zoning District Present Use of Property X Residential Other (specify)_ DESCRIPTION OF REQUEST Describe request in detail: REQUIRED SUBMITTALS I' certifie^d P^roVerty^ List of owners within 350' (you can obtain this list frorHeVnepin County Department of Finance A-603 Government Center 348-3271). 4] Certificate of survey (signed by a li^censed surveyor). land 1. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6 Sonl^^iction plan, if applicable (see staff for requirements). 7! As an addendum to this application, P^e^s® any other persons you wish notified of this application. . _ _ _ _ not been included. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ c«;iiic;;i;rbrcie;icirD;p«im;nriharia;ro;;ippiica^ is complete. Initials of Clerical Staff:_ _ _ _ _ __ _ _ _ _ _^_ _ _ _ _—_ __ _ _ _ _ _ _ APPLICANT'S SIGNATURE 4 „ ^ on reauired orThe applicant hereby agrees to provide all is true and correct to the best o^ his/her knowlet^e. ““ kUim. ^r^ner'^'^y acknowledges and agrees to this rgl‘'n°t%^rno^mTi “s"stin^ ml"m\^Vs?°a^J%'’o^°SJ?( "m’^m'Le^s for'purposes of owner’s - -0 Office of this change prior to the meeting. ,.6^^ CITY OF ORONO - GENERAL LAND D5K APPETOPPIO ’Sjjpf ■-J V 1 PROPERTY LOCATION Site Address rzA cm OF D,m — Fm^ OFFICEnsocoom^ Property Identification Number (P.I.D.) X/ / / *~^Z3 X3c)Q ^0 ijyis'A Please attach legal description to application if not included on required survey. APPLI^ijlT ^ Phone (home)^ ^ /Pir /\a i^ol ^ ^ Phone (work)___________________ Address /PJ City E)tC^hiy>^ _ Zip 1 7/_ UWNER iif different than applicant)Phone (home) ^/ Address_ _ _ _ _ _ City N2une j Phone Property Acquired _ _ _ __(month/year) (do) (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 _ _ _ _ $150.00 Institutional (church, school, etc.) X^^""^$T50.00^G^est House/Guest Apartments . _ _ _ $150.00 Duplex Credit/Bldg _ _ _ $250.00 Commercial/Industrial Use _ _ _ $200.00 Land Alteration Grading and filling - designated wetland or floodplain - - - Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS ^ ^$200.00 Commercial Site Plan Review (+ consultant fees)^ . _ _ _ _ $250.00 Vacation Tr./"' . . $175.00 Easement Vacation - ' -f $ 50.00 Easement Vacation With Subdivision . - - - - $250.00 Rezoning (PUD - refer to fee schedule) _ _ _ _ $100.00 Appeals Other - see fee schedule / ......**•/•.•I j., ■ • .... *•- mi owcw ' J L2. 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Breustedt in Lot 24, rhcusur.t Jjavm Hennepin Counv.-, Kinnesota / ’a' Certificate of Survey; IK" I hereby certify tnat this is a N. true and correct representation oi* 1/ >/ / j. survey of the bouncarie? of that part ' . • tJVi // /n« o/ 5Bh »30' o/ Lof'U !' of Lot 24, Pheasant Lavr., lyinr North­ westerly' of « line drawti parallel vith and -sj/l30 fe. c. Northwesterly frojL ths Scutheast- eri''^ line of said lot, the location of all existing buiidinrs therecn, and the shoreline as of March 9, 1977. No monuments have been ilaced to estabU.sh lot linecj^ corners^ :v /‘r . •■ — VK - \ Gorcon h. Coffin He{/ Land Surve.-'or and Planner Lon£: v^ke, Minnesota Scale: 1"^^0' Ebte : 3-9-77 J-f. -i tr . 6064 HARDCOVER CALCULATIOOIM SETBACK ZONE: (CIRCLE one)(^75J 75-250' 250-500' 500-1000' Existing Hardcover in Zone A. House ~ i LENGTH f A }r<ic{ ■ 7<'K/l7r <TxXC 7S“X/<>2- c. Driveway B. Garage --yr?9 D.. Sidewalk E. Patio/ Deck F.Landscape areas underlain BY , . plastic sheeting 6. Other X /7>4 - X _ X « X _ X - X . - X , . X . . X . . X . X . X . X _ X _ X _ width Total Hardcover in Zone Total Property Area in Zone _ S.F. _ S.F. _ S.F, _ S.F. _ S.F. _ S.F. . S.F. . S.F. _ S.F. . S.F. . S.F. . S.F. S.F. S.F. S.F. S.F. 23£iL-S.F. [TI - S.F. 2 f7) 2?0.t; .iff) X 100 - _ZiZ2__'% 'ZL, / ? /,/0 X V (fOo p(ioeo&i^^ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 250-S00' 500-1000' Existing Hardcover in^Zone A. House x <?0 _ _ _» '1^ ^3 s.f. length 21 21.L B. Garage c. Driveway D..-WPEWALX _ e. Patio/ Deck F.Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING G. Other WIDTH X 33 ?r X z\ X /O x_lii X , X . X . ?9) IJH} 7vr i/o /Di) Total H ardcover in Zone ■’^CD .E. (9 .f.(9 . S.F. . S.F. S.F. S.F. Q) S.F^ S.F.(^ . S.F. S.F. S.F. S.F. S.F. cn c J S S.F. 3-0 S.F. I A^ ~ Total Property Area in Zone [b] fj] <~va ^fn Z7.76L x 100 - % I T otal Property Area in Zone Q] ^700' ^[]] 27^-2, X 7G1 s.F. |TI . 100 i. .'V 's <£. X <» 5 \ /I m^‘F-1 ■,r ■ ■■‘ ;^i;- V..' '. •; . ■ • S: 5^ A C cj^ 7 cr f ■V-.i; i) -■- r-;• t ■: CJ I 1 •s. 0 i« 1 0 <r ■> «J IN4 J 0 4. y. ^ s 1 P 2< o »■ .->• • *. • :/,'. * * exM. r-2. /oo: " - r The Municipal Code of the City of Orono is amended by adding Ordinance No. 29, Second Series: Section 1. Orono Municipal Code Section 10.20, Subdivision 3 (G) is hereby repealed and the following language substituted in its place; G. i) Guest Houses. A separate dwelling constructed on an existing undivided lot for 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. ■n ' Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment "from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. —» COUNCIL MEETINGMayor Grabek & Orono Council Members City Administrator Bernhardson J 1990 Prom: Michael P. Gaffron, Asst Planning & GffXrQFAQBOMOtrator Date: June 5, 1990 Subject: #1513 Walter Krahl, 4775 North Shore Drive Variance Resolutior Zoning District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for hardcover and street setback variances to construct an additon to the existing residence List of Exhibits Exhibit A - Revised Proposal (Plan #3) Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Revised Hardcover Proposal Comparative Sketch of Plans 1, 2 & 3 Notice of Planning Commission Action 5/25/90 Proposed Resolution Memo and Exhibits of 5/16/90 Pertinent Facts - 1. Since the Planning Commission review, the applicant has submitted a third plan, which shows slightly less structural hardcover than the plan approved by the Planning Commission, and slightly increases the street setback to the addition as compared to previous proposals. 2. Applicant has advised staff that a portion of the driveway hardcover previously proposed for removal, is within the shared driveway easement, and cannot be removed. Based on this fact, and based on the third plan submitted, there is still a decrease in hardcover in the 75-250' zone from 54.8% down to 51.6% (but not down to 49.7% as was approved by the Plainning Commission). 3. The existing house is 22* from the street lot line at its closest point. Plan #3 still requires a front setback variance but shifts the addition slightly further from the street. Discussion Please review the memo and exhibits of May 16th, and compare the existing house to the series of three proposals that have been submitted. (Refer to staff sketches to avoid confusion.) This property has a number of unique features and problems, due to the steep slopes, the shared driveway, and the drainage Zoning File #1513 June 5, 1990 Page 2 from the County road. Hardcover on the property includes some fairly substantial areas of rock and plastic on the north and west sides of the house, where drainage has been a problem and where applicant has not been able to successfully grow grass. Because of the drainage problems, applicant expresses a great concern with removal of the plastic, which might cause basement water problems. He is proposing to remove a patio on the lake side of the house, and remove significant portions of the driveway and parking areas in order to provide some degree of hardcover decrease. Planning C<»nd.88ion Recoamendation Planning Commission reviewed this application at their April and May meetings. At their May 21st meeting. Planning Commission recommended approval on a unanimous vote, finding that the applicant's Plan #2 had adequately addressed their concerns about overbuilding on this lot, by reducing the degree of proposed structural additions while yielding a net hardcover decrease of approximately 5%. Planning Commission found that the encroach­ ment into the street yard was not a problem. Planning Commission has not reviewed Plan #3 which is currently proposed by the applicant. Staff Reconendation Staff would concur with Planning Commission's recommendation for approval of Plan #2. Because Plan #3 reduces the portion of structural hardcover from Plan #2, and reduces the street setback encroachment, it is likely that Planning Commission would similarly approve Plan #3. Neither plan encroaches into the 0- 75' zone nor the average setback area. The only remaining issue is the change in proposed hardcover due to the applicant's inability to remove driveway within the shared driveway easement. While the Planning Commission saw a 5% hardcover reduction, the Plan #3 proposal yields a 2.2% decrease. If Council feels this reduction is acceptable, staff would recommend approval of Plan #3. Council's options are as follows; 1. Refer Plan #3 back to the Planning Commission. 2. Approve Plan #3 per the attached resolution. 3. Table for any further revisions Council may wish to specify. 4. Deny 5. Other A RSSOLUTIOH GRAHTING VARIANCES TO MUNICIPAL SONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5 (B) FILE #1513 WHEREAS, Walter Krahl (hereinafter "the applicant") is the owner of the property located at 4775 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows; Lots 8, 9 and the west half of Lot 1, Bergquist and Wicklund's Park according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Except that portion taken for right-of-way purposes according to Hennepin County State Aid Highway 19, Plat 50, of record in said County Recorder's office (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow hardcover in excess of the 25% normally allowed within the 75- 250' lakeshore setback zone, and a variance to Section 10.24, Subdivision 5 (B) to allow construction closer to the street lot line than the normally required 35* street lot line setback in the LR-IB zone. NOW, THEREFORE, BE IT RESOLVED by he City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1513. 2. The property is located in the LR—IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 16, 1990, and reviewed a subsequent revision on May 21, 1990 and recommended approval of the proposed variances as revised, based upon the following findings; a) The proposed construction encroaches no closer to the street lot line than the existing house, which is 23' from that lot line where 35* setback is normally required. The Page 1 of 5 r r-. existing screening and the elevation of se substantially below the elevation of the right-of-vrv ^, tend to decrease the impact of that substandard setback. b) The proposed construction in conjuction with removals of other hard surface areas on the property, result in a net overall decrease in hardcover in the 75-250' zone. Existing 75-250' hardcover is 54.8%. The revised plan reviewed by the Planning Commission proposes a reduction to 49.7%. Further reductions could only be accomplished by reducing the degree of addition or removing hardcover areas of rock and plastic which tend to protect the house from drainage from the County roadway. These areas are shaded, further impeding successful vegetation growth in that area. c) The applicant since his initial proposal has revised his request to minimize the magnitude of the additional structure on the property. 4. After Planning Commission review, the applicant proposed another revised plan (Plan #3), which further reduces the magnitude of the structural additions on the property but which results in a final 75-25C hardcover of 51.6%, an overall reduction of 75-250' hardcover by 3.2%. This results from the applicant's inability to remove portions of driveway hardcover located within the shared driveway easement in the northeast corner of the property. The Council finds that the Plan #3 proposed 3.2% hardcover reduction, coupled with the relocation and reduction, in the magnitude of proposed additions with that plan, are appropriate and justified by the specific conditions of topography, drainage, driveway layout, and existing house location that are unique to this property. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is Page 2 of 5 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 the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of additions to the existing residence, such additions being located 23' from the street lot line where a 35' street lot line setback is normally required, and further grants a variance to Section 10.22, Subdivision 2 to allow hardcover on the property in the 75-250' lakeshore setback zone of 51.6% where only 25% hardcover in normally allowed, subject to the following conditions: 1. The hardcover on the property in the 75-250' zone shall not exceed 51.6% and the configuration of the proposed residence shall not vary from the site plan of applicant's Plan #3, such plan and hardcover configuration attached to this resolution as Exhibit A. Any revisions to that plan will require further Council review. 2. The applicant is advised that any future proposals to increase hardcover on the property will not be approved, but might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover on the property. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 11, 1991). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, und jind hereby agrees to the terms of this resolution and o . * < of himself, his heirs, successors and assigns, hereby agr^ t i ifte recording of this resolution in the chain of title of the property. Page 3 of 5 1990. ATTEST: Adopted by the Orono City Council on this 11th day of June, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of June, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 •»y<gfiC.'S^'^%‘- r*-**• *. ■^•'- •-'.*•***■■ ]l\'tM.. ___ .'w V-’—- FAX: 61 2-890-6236 )k^ Minnesota V alley Surveyors Inc. MAIN OFFICE 2210 E. 117lh ST. P.O. BOX 1169 BURNSVILLE. MN 55337 612-890-7750 NORTH OFFICE 6501 E. RIVER RD.. SUITE 202 FRIDLEY. MN 55432 612-571-0280 September 22, i1969 Wally Krahl 4775 North Shore Drive Mound, Minnesota 55364 Dear Wally, Listed below are the area's that you will need. Also enclosed is a print with the Hard surface shaded in. 1. Area above 100 yard flood plane^16,630 square feet. 2. Area of building setback from lake-10,565 square feet. 3. Area of property covered by hard 6urfaces-4,127 square feet. Sorry for the.Delay. Sincerely, TGCrlv Enc: IKW ?3 '90 00 = 25 CITI2DI-3CLL CO.P. 1/2^rrM.- rriiK^ QArn/foA/ CURHetrr ^jg!)o>U£fi ^ryitio - 7j"-^rr i/ter /.?«-» /o& yf /^^oeo • /'6^4^^s'^ff) —AteA CatATfrO Jf/ -rutfA..’'S = ^ ^ of /fi/tlcover ca/cu/^^/af) -MA1—H(/oo vr 3foi,^ Zoyas' ARoRoseo ^ of f/arJiccuer v.ai j/af/ef!-- Aczco^ 37. rf% /t? y(py ^ O^i^r/OAfS ■ / 'x /y' =■2T- <P3'k /3'/^'^ /i'?.y y' -r i/jL‘ -STliFr Kf' ^= /. ^ Yi'o 7f\ /i/-./oY. y 79'X //'-<3Y>i FAf/o f^SiCcfy' /9'x3t/j'^ca?YX Bof^r Pav /o'K/(ff*^ /(od 7(e 3)RiyfruJAY P(p'A/(^ '— Q^^S'^ (5 - <»'/r ¥'^' -a //- G'i. /r /<? /a j. 0/?/(& , a 7A((DC6\/a ^ ^ fiAcfaS^^ SrOf^rnuU ^ ??/ (f7)^ r/J7 77) fj<r ^/) a/^r' /ifDOcfTe/J; /3V.3'^fj' 3^ 99 <^. S' » f^HoPdSiTd /XAPDco{/r/i oARDSHIP ## , V, Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; ^/j-//V Cni/p- r Coao. DESCRIPTION OP UNDSDAL PROPERTY CONDITIONS Describe unusual propetty conditions preventing compliance with Zoning Code Requirements; Pro^ar'// l^c^'f/oo /S ^'inno'tn/ih ^ Cnti/r{f* R(i cn~^ v^r(/ s^-aP . SQUIRED SUBMITTALS . 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). Plaw 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 c*’’er persons you wish notified of this application. Addifonal items as may be requested by City staff. 3. 4. 3. 5. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR ^ A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. he Applicant and Property Owner must sign this application. Please emember that your variance application is not complete if the above nfonnation has not been included. ertification by Clerical Department that Variance Application is complete, nitialed by Clerical Staff;_ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ __ APPLICANT'S SIGNATURE . The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review ot this application, and certifies that the information supplied is true and correct to the best r-r his/her knowledge. Applicant's Signature Date OWNERS SIGNATURE ^ ^ ^ uThe owner hereby ack<^wledges 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 v ^_ _ _ _ _ _ _ _ _ _ Date O - - -- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. CITY OF OROMO - VARIANCE APPLICATI W ft Initial 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 V 7 7S' /Vl e T// _ _ _ _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) I - ^‘V CITY OF orm FmilCE OFFICE'“Arnimhmfiy tn72320 COQl Attach legal description to application if not included on required survey. APPLICANT Name Phone (home) Phone (work) Address: </77C A.a-r.^City:'/JO ZId : v/V? ^(cOl OWNER (if different than applicant) Name AS A FA1 Phone (home) Phone (work) Address:City:Zio: Date Property Acquired April /V(p-^(month/year) K ^ * mmmm I Cm (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY UW'BPresent Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: S^ee~/ 2.B. Pkk'kp fii>fi J VARIANCES REQUIRED Lot Area Lo'. Width Setback Variances ( A Fv<mt X" Hardcover Side _ _ __ Rear) Other Zoning File #1513 April 12, 1990 Page 3 of 3 Staff Recomendation ~ If Planning Commission finds that the proposed net overa^J hardcover reduction is appropriate, and finds that the portio:; cf the proposed addition encroaching into the street setback is ro more obtrusive than the existing residence encroachment and finds that this lot will not be "overbuilt" with the added structure, tnen a recommendation for approval of these variances could be considered ry of Variance Request - 1. Street setback of 23' where 35' is required. 2. hardcover in excess of 25% in 75-250' zone, reduction from 54.8% to 51.0% is proposed. What additional reduction, if any. should be required? Zoning File #1513 April 12, 1990 Page 2 of 3 6. This property is served by a driveway shared with the adjacent residence at 4755 North Hhore Drive, While the driveway fraction of the hardcover will significantly decrease within applicant's property as a result of the addition, there appears to be adequate backup area available within the neighboring property to handle traffic from this residence. As an aside, note that while driveway area serving the applicant may tend to increase hardcover on the neighbors' property above that which would normally be necessary, the overall result is a relatively safe access with adequate ling area and probably less total hardcover than if each •dence had its own access to the County Road. 7. f has reviewed the hardcover on the property and found tantially more rock and plastic hardcover than noted by a^^plicant's surveyor. By staff calculation, existing 75-250' hardcover is 54.8%, and the proposed layout results in a reduction to 51.0%. In the 0-75' zone, existing ani proposed hardcover amounts to approximately 325 s.f. or 3.6%, consisting of stairway sections and a retaining wall. There appears to be substantial rock and plastic hardcover accounted for in staff's calculations that could be further removed without starting to limit the extent of the additions. Discussion - The proposed additions appear to mostly conform to pre­ existing grades on the property. The house sits on a relatively flat terrace below the County Road, but in thu 0-75' zone where no work is proposed, slopes average 65%, and obviously the existing stairway^ are ne*''ded for this lot to have reasonable access to the lakeshore. T; e extensive retaining walls southwest of the house are mostly on the City property. Thos slopes are also somewhat limiting in that additions to the exis- 2 g house generally have to run to the east and west rather ti.an lakeward to keep back from the slope. This lot is relatively small overall for this zoning district, being 0.45 acre in the 1 acre zone. The proposed master bedroom addition at the west end of the house will be approximately 11.5' from the west lot line, meeting the requirvcd 10' setback. To: Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 12, 1990 Subject: #1513 Walter Krahl, 4775 North Shore Drive - Variance - Public Hearing Zoning District - LR-IB, Single family lake-,here residential, 1 acre, sewered Application - Request for hardcover and street setback variances to construct addition to existing residence. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Application Plat Map Property Owners List ^ Survey with Existing Site Development Including^ Topography Existing and Proposed Site Plans Plan and Elevation Views of Proposed Addition Applicant's Hardcover Submittal Staff's Hardcover Review Pertinent Pacts - 1. Applicant proposes to construct an addition to his existing residence, which is located on a terrace level above a steep slope down to the lake. 2. All of the proposed construction is in the 75-250' setback zone. 3. The adjacent property to the west is owned by the City of Orono for lake access lanes, and there is no intent to place a residence on that property. The nearest adjacent residence to the west in Minnetrista, appears from City air photos to be approximately 70' from the shoreline. From those air photos, staff has determined that the proposed additions will not encroach past the average lakeshore set­ back line. 4. The applicant's property originally extended further northward, but the platting of North Shore Drive resulted in loss of some property. 5. The existing house is approximately 22' from the street lot line, and the proposed addition at its closest point will be approximately 23' from the street lot line. This requires a 12* variance from the 35' required street setback in the LR- IB district. CITY OF ORONO P.O. Box 66 Crystal Bay# MN 55323 ZONING PILE NO. 1513 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 4/23/90 Walter Krahl 4775 North Shore Drive Mound# MN 55364 COPIES TO: TYPE OF APPLICATION: Varian fr DATE OF MEETING: 4/16/90 VOTE: 6 For 0 Against Planning CoHid.8sion reconends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: General apparent concensus was that the proposed addition was "too ambitious" for the lot# due to the lot constraints of topography and lot area. The high percentage of hardcover was obviously a concern. Rather than recommend denial# Planning Commission tabled the application to allow you time to consider whether you wish to revise your proposal. Applicant's next scheduled meeting is confirmed as: Planning Commission Monday# May 21# 1990? meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes# they are available from the City Recorder after review and approval by the Planning Commission. / J / i y ii lii: I ^ |03 ji. ISO^ '’ (7. 9^S' " H. 12.0 ” llO " B. •' ^ , C 5^/O r Z 10'*/2.' 93-^' MW(^' 90* d-^ 2.J5(o^ Sj.fT. Oga^. [X)((L\/-UjAY' V. “73 f. ^.fT. K. 9?.?“. . /9lO >, 74. s«?.rr. (b/^efi6iL D^x>/a>6- t> i\ M20 Sq.iTr 2,7^^ '^'TUCi', G^ue/S- Pfc^4(^JOS£. Zoning File #1513 May 16, 199C Page 2 of 2 The final item to note is that, in comparison to the original proposal, the new additions will be no closer to the road right-of-way than the existing residence, although technically a 12' variance from the 35* required street setback is still required. Staff Recomendation Planning Commission is requested to consider the revised proposal, and determine whether it is av ceptable. Planning Commission options are as follows: , 1. Approve revised plan as proposed, 75-250' hardcover of 49.7%. 2. Approve revised plan with additional corJitions. 3. Table for further reductions. In this event, please give applicant specific direction. 4. Recommend denial. 5.Other Froa: Date: Plannin' 'mmission Chairman Kelley Orono P:.f- .»ing Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator May 16, 1990 Subject: #1513 Walter Krahl - 4775 North Shore Drive - Variance - Second Review List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F - Revised Proposal (18" x 24" Plan) - Revised Site Plan - Revised Structural Hardcover Proposal - Staff Review of Revised Hardcover Proposal - Notice of Planning Commission Action-4/23/90 - Memo Exhibits of 4/12/9C Discussion Applicant has submitted a revised plan which shows a reduction in the scope of the proposed additions. In general, the kitchen and dining room expansions are decreased, the additional half bath is eliminated, and the decks are less extensive. The garage is reduced from 24' x 24' to 20' X 22*. The master bedroom addition on the west end has not changed. The net result is that existing house/breezeway/garage structure (1700 s.f.) increases to 2369 s.f. rather than the 2639 s.f. originally proposed. Similarily, the size of the proposed deck areas has decreased substantially. As discussed at the last meeting, the applicant is not proposing to remove the areas of rock and plastic since those areas function to protect his house from run-off while providing a relatively attractive ground cover where vegetation probably would not thrive. The revised hardcover percentages are as follows: 75-250' Existing 5787s.f. (54.8%) 1st Plan 5384 s.f. (51.0%) Revised Plan 5255 s.f. (49.7%) Allowed 2641 s.f. (25.0%) The current plan results in a net hardcover decrease of 5% from the existing situatecn. I CITY OF ORONO P. O. Box 66 Crystal Bay, MN 55323 473-7357 ZOHING FILE #1513 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: May 25, 1990 TO:Walter Krahl 4775 North Shore Mound, MN 55364 Drive COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: May 21, 1990 VOTE: 6 For 0 Against Planning Coaad.ssion recomends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Planning Commission recommended approval of the revised plan, with 75-250’ hardcover not to exceed 49.7%, structure not to exceed that as shown on the revised plan, and granting a 12' variance for a street setback of 23'. Applicant's next scheduled meeting is confirmed as; City Council- Monday, June 11, 1990; meeting starts at 7:00 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. COUNCIL MEETING JUN111990 CITY OF ORONO Tot Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FroB: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 17, 1990 Subject: #1524 Trinity Lutheran Church, 2060 6th Avenue North- Conditional Use Permit - Public Hearing Pertinent Ordinance - Section 10.28, Subdivision 3 - Conditional use permit required for pre-school use within Trinity Lutheran Church. 9 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Application Property Owners List Plat Map Site Plan Floor Plan Applicant's Statement Regarding Use of Playground Area Background on Applicant Information on Trinity Preschool Operation Applicant's Addendum Review of Application - The applicant. Trinity Preschool, r presented by its director, Wesley Ann Hallquist, seeks a conditional use permit for a preschool program consisting of 30 pre-schoolers and 5 staff members, consisting of the director, teacher, assistant teacher, and 2 aides. The preschool will operate Monday through Friday mornings from 9:15 a.m. to 11:45 a.m., offering 2 programs of schedules (2 day and 3 day). The preschool will be located in approximately 1,057 s.f. of classroom area within the Trinity Lutheran Church complex. If Members have not been out to the church site since sli of improvements have been j istalled, we recommend a visit to this site. The only area not completed as of this date is the former playground area to the rear of the church. This area will serve as the playground area for the preschool and should be ready by the September opening. Please review Exhibit F, staff has asked Mrs. Hallquist to provide further information regarding use of the playground area. If you will remember during the early review of the church conditional use permit, staff called attention to the fact tha the area was not fenced. The specific ordinances sections states only that a play area must be fenced if it is within 15' of a street area (review Exhibit D). This specific playground area is located to the rear of the property. As Mrs. Hallquist s comments note, there will be 2 adult supervisors out at one time ’ to supervise 15 preschoolers. Zoning Pile #1524 May 17, 1990 Page 2 of 3 There Is clearly adequate parking space, school room space and space In play area to support the current preschool. In fact. It Is staff's recommendation that this conditional use permit be Issued based on a preschool program for either a half day or full day schedule. If there Is an expansion to day care or a latch key program connected with the Orono schools, staff would ask that a new conditional use permit be required. The applicant has submitted a conprehensive package on the preschool operation. Mrs. Hallquist welcomes any questions members may have concerning the operation. Staff Reo datlon - To grant approval of a conditional use permit for Trinity Preschool to be located at the Trinity Lutheran Church located at 2060 Sixth Avenue North, finding all pertinents sections of the code have been satisfied by the applicant. Such approval is subiect to the following conditions: 1. This application is approved for a preschool use either for half day or full day schedules. Any expansion into day care or a latch key type program connected to the local school district would be subject to approval of a new conditional use permit. 2. As outdoor play area is not fenced, the City must ask that a 2-staff/15“Student ratio be maintained during outdoor play/recreation sessions. Additional CoiMents and Planning Commission Recommendations June 5, 1990 The Planning Commission unanimously adopted the staff recommendation but added that the outdoor play area be fenced. Mrs. Hallquist has been given the option of providing additional information to support her position that fencing is not required at the level of use provided in her current program. Please review Exhibit I. The applicant notes the following: 1. The ordinances of the City require fencing only if a play area is within 15' of a street. The play area for Trinity Preschool is located over 300* from the street. 2. The Department of Human Services for the State of Minnesota does not require programs for less than 3 hours a day to provide an outdoor activity area. Trinity Preschool is offering a 2-1/2 hour program. Applicant would like to take advantage of an outdoor play area on occassion but if Zoning File #1524 June 5r 1990 Page 3 of 3fencing is required, the initial costs would prevent their making any use of the outdoor play area. If Council concurs with the Planning Commission recommendation. Trinity Preschool would be prohibited from use of outdoor play. 3. The Department of Human Services requires an outdoor area to be enclosed only if it is located adjacent to traffic, rail, water, machinery or other environmental hazard. Trinity's outdoor play area is not located adjacent to any of the above referenced hazards. 4. There will be supervisors provided during all outdoor play periods. It is the intention of Trinity Preschool to at some future date to fence the outdoor play area when the levels of the current use are expanded. The enclosed approval conditional use permit has been drafted subject to the staff recommendations noted above and to await Council's direction concerning fencing of the outdoor play area. Options o£ Action A. Approval of the conditional use permit is granted subject to the condition that no outdoor play program is allowed because of the lack of fencing. B. To approve the conditional use permit as proposed by applicant and to require that applicant maintain a ratio at a minimum of 2 teachers to 15 students during each outdoor play period. The enclosed resolution will be amended to include Council's final direction on this issue. • A RBSOLDTIOli GRANTING A CONDTIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISIONS 3 (A) FILE #1524 WHEREAS, Wesley Ann Hallquist, director of Trinity Preschool, (hereinafter "the applicant") has an interest in the property located at 2060 Sixth Avenue North located within the City of Orono (hereinafter "City") and legally described as follows; Please refer to Exhibit A (attached), (hereinafter "the property") and; WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit for a half day Preschool program per Municipal Zoning Code Section 10.28, Subdivision 3 (A) i» f nesota: 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1524. 2. The property is located in the RR-IB rural residential zoning district requiring 2 acres of dry continguous land. 3. The Orono Planning Commission reviewed this application on May 21, 1990, and recommended approval of the conditional use permit based upon the following findings; a) There is adequate parlcing, schoolroom and play areas found at the Trinity Church facility. b) The Preschool program shall consist of 30 preschoolers and 5 staff members (director, teacher, assistant teacher and two aides). c) The Preschool will operate Monday through Friday mornings for 9;00 a.m. to 11;45 a.m. offering two programs of schedules (2-day and 3-day). d) The Preschool will be located in approximately 1057 s.f. of classroom area. Page 1 of 4 e) The Department of Human Services for the State of Minnesota shall not require an outdoor play area for programs operating for less than 3 hours a day. Trinity Preschool is offering a 2-1/2 hour program. f) The Department of Human Services has granted preliminary approval of Trinity Preschool ’s license to operate. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission^ reports by staff, and oral and written comments of the applicant, and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow a preschool program sponsored by Trinity Preschool at Trinity Lutheran Church 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. CONCLOSIONS, ORDER AHD 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 10.28, Subdivision 3 (A) to permit Trinity Preschool to open a preschool program at the property located at 2060 6th Avenue North, subject to the following conditions; 1. This conditional use permit is approved for a preschool use either for a half day or full day (A.M. and P.M. 2-1/2 hour programs). Any expansion into day care or a latch key type program connected with the local school district would be subject to approval of a new conditional use permit. 2. "To be inserted upon Council’s final action" 3. 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 2 of 4 4. The undersigned representative of Trinity Church and the director of Trinity Preschool have read, understood and hereby agree to the terms of this resolution and on behalf of Trinity Church and Trinity Preschool, their successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. 1990. ATTEST: Adopted by the Orono City Council on this 11th day of June, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Representative of Trinity Church Director of Trinity Preschool STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of June, 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 Commision Expires Page 3 of 4 *----M‘5 CITY OF ORONO - GENERAL LAUD OSE APPLICATI PROPERTY LOCATION Site Address 2060 6th Avenue N., Long Lake, MN. ^ J - - cm OF m Property Identification Number (P.I.D.) 38 27-118-23 31 Please attach legal description to application if not included on required survey. APPLICANT Name Trinity Preschool Phone (home) Phone (work) OWNER (if different than applicant) Ncune Trlnltv Luthern Chnrnh Phone (home) Phone Address 2060 6th Avenue N.City Lonfif Lake Zio Date Prooertv Acauired (month/year) I (do) (do not) also 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 X $150.00 Institutional (church, school, etc.) _ _ _ _ $150.00 Guest House/Guest Apartments _ _ _ _ $150.00 Duplex Credit/Bldg _ _ _ _ $250.00 Commercial/Industrial Use _ _ _ _ $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75* of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS ^ ^$200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision - - - - $250.00 Rezoning (PUD - refer to fee schedule) _ _ _ _ $100.00 Appeals __ _ _ Other - see fee schedule FRBSBNT USB OP PROPERTYPresent Zoning District .. Present Use of Property Residential Other (specify)__j2hunih. DESCRIPTION OP REQUEST Describe request in detail: Use of building for preschool iSeptemhftr. May) ■_ _ _ _ _ ___ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _— 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 (ll" X 17■ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ Date- - - - - - - - - - APPLICANT'S SIGNATURE , ^ ^ ^ The aoplicant 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 knowledge. Applicant's signature - Date - The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ^ ^__ _ _ _ _ _ _ _ _ _ _ Applicant must have all submittal^^nto the City offices 25 Planning Commission Meeting. Planning Commission Meetings are he^d ^ third Monday of each month. Applicants must be present at all schedu^led review meetings of the Planning Commission and Council. If ll unable to attend a scheduled meeting, please make authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. e K? Kl <*■T NO. PAGEM S3? S 5I UI g ii O M N fie o Z N ^ < *-r v>a M ^ in u UJa >- o »- £5 >- o O ul _ K) oe - ^ Z•a .s o _ •J'sS-“5 2§So|e; M II o ^ I z o K < S = n ao o u C» z —i M O Oo a cr -Je < S g k:; ^ o ^ lu —I tn o < o in lu Z > in > o o in Kt < I- >- < i-i —I om z -J -I cc _ V X > Jn >- £ CO I-I l- •-■ in u «e Z u T o o o < z q: u -I CM in < «- CO tsi H« M -• o in o n; cr cvi -I 31 0018 AVE H PS PS55356Oft -c o UJ in o M m ft in CM 3 UJ in •O’ UI ft M M UI S233 s 1 X -J -J S m > in -J 3 CM UI in —1 UI Z 1 X o •< M S A ^ n* ^ ^V 8H ^ M IT. 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O z a Q. o UJ UJ Cvl I- o o in in in UJ UJ o u ^ S -o UJ UJ o ^ -J in < < o e§“=z ® ^ 'S Vi — ii ssig I- l- o z ft OL O O UJ UJ CJ u- o o o — m gm ininin tn CL CL >-< M i >-< M EE^S IS 10 ^ 3 in>- V- 19 5§gs Z Z IQ -< eo > 9 5 loz ing 2s § = 35UJ in - > Z Z in 52"^uj:; cn UJ -J UJ m Vi «MM in in in in R B = 33Si2o o <O O UJ o z o a mo -J -> in UJ UJ UJ in CM > u. lu in ''-‘SSzin z o c _ vs^ = = s:E CO I-I r z <M in UJ< < z X f* O ft O UJ O t- CM Z ^ UJ in >in in 3 _ ui in in ui z I X o o M z 23 ““2luj ^ U UI ^ ^ 0 ■J N UJ in in > c. ft in < M M CM -I -J 1 z -J -» CO M M M Z'^lE 02060 TRINITY TRINITY 2060 6TH LONG LAK1 3 3 M < n. «o -J CM o oz z o o O O •£ Z O ft ft M Oin o O CM -J 1 M M M < r- Z Z .0 -J CM O M M •y 19 19 O O O' ft ft £ Z O M M M C- O m o > > M _j 33 27-O190iO EVELYN 1 EVELYN 1 1960 LAI LONG LAI80 27-02l<i0 PAUL R PAUL R DOX 520PROP ADDR 0I!NER NANE TAXPAYER NANE/ADORft^ § O < ft o O Z UJ < < >- \ ft < UJ ft UI ft ZSsii ft o >-PROP ARDR OUMER NANE TAXPAYER NAHE/AODRPROP ADOR ONNER NANE TAXPAYER NANE/ADORPROP ADOR OtUIER NAME TAXPAYER NAME/AODR *: # I > • /X-.::* -Xt:- • Ul S| i sM £ (O 83 M cr Ul sisa >- o K 85 >- o % sIK 03 ' 1. • UJ U. U- M ft O O n.:. , ' 'llI <s^ ■*tr Ji Kdiilliii'^!iiilii •J ■ :5t S gst5o,i3 I li!nil S Ss; (D! p ’d.t • . 1* #15^4' There are no plans at this tine for a formal outdoor play area to bo established at Trinity Preschool. The Department of Human Services Licensing Requirements for Child Care Centers section 9503.0155 subp. 7 does not require programs operating for less than three hours to provide an outdoor activity area. He are offering a 2^ hour program. The preschool will be open from mid-September through mid-May. This really gives us very little time for good outdoor play weather for the preschool age child. ’,'e will take the children out, weather permitting, to the area located just behind the church (northwest area). Trinity Church sets back from the road and our outdoor area is privately secluded behind the church. There will be only fifteen children outdoors at any one time. There will be two staff members superviving at all times. (The state requires a ratio of 2:20. He will maintain a ratio of 2:15») The safety and well being of the children is our top priority. TRINITY M PRESCHOOL My objective at Trinity Preschool IB to provide the preschool apre child a variety of opportunities to explore, learn, and create In a warm and secure atmosphere which will lay the foundation for a life time of learning. My qualifications meet the requirements of the Minnesota Department of Human Services Licensing Requirements for Child Care Centers sect. 9503.0031 and 9503.0032. My educational background Is a B.S. degree In Home Economics with an area of concentration In Child Development and Family Living. I completed a minimum of 15 hours per year of workshops and/or seminars In the field of Early Childhood Education In 1987. 1988, and 1989* Briefly, my background experience Includes- -Worklng with young children In Georgetown, Ky., In the motmtalns of Appalachia, Ky., on the Seminole Indian Reservation, .In Palatine, II., and In Barrington, II. -Preschool teacher -Conducted workshops In the field of Early Childhood Development -Preschool board member -Summer camp coordinator -A number of volunteer positions In both public and private schools When Trinity Preschool has a full licensed capacity enrollment the staff will Include the director, a teacher, an assistant teacher, and two aides. All staff members will meet state requirements for their position as found in the Minnesota Department of Human Services Licensing Requirements for Child Care Centers sect. 9503.0031. 9503 0032, 9503.0033. or 9503.0034. Sincerely, Weslo^ Ann HallqulSb Director ’ • A. rH- trinity rreschooi. INFORMATION ^ • *. INFORMATION Trinity Preschool will serve 30 preschoolers per session. A preschooler Is a child who Is at least 33 months of age, but who has not yet attended the first day of kindergarten. The child must be toilet trained to enter the program. We offer 2 - day and 3 - day programs, Monday through Friday morning from 9:15 am to lli45 am. Trinity Preschool is a non-profit, non-denominational preschool. We provide a variety of opportunities to explore, grow, learn, and create. It is our intention to provide a warm, secure atmosphere for each child to participate in activities which will help him develop as an individual and to relate to other children within his group. Parents may review the Trinity Preschool Child Care Program Plan at any time. A request to do so should be directed to the director of the program. ORIENTATION - A special orientation day is planned for children and parents before the first day of school. Children, parents, and teachers will meet to get acquainted, become familiar with the classrooms an participate in a mini-day together. CONFERENCES - Parent conferences are regularly scheduleo the fall and spring to ‘ discuss a child's intellectual, physical. social, and emotional development. A conference may be arranged at any time during the school year. INSURANCE - The school is covered by a comprehensive general liability insurance through Atlantic Mutual. HEALTH RECORDS - A health care summary and an be submitted to the school prior to the child starting in our program. to school. If a child becomes ill while at school, the child will be the other children. A parent, or other person to be contacted if the be reached, will be notified and asked to pick up the Shild? A staff member will remain with the sick child until he is picked up. • All cases of conmunicable illness, lice, scabies, impetigo, ringworm, or chicken pox are to be reported to the school within 24 hours of the onset of the illness. Notices will be Issued to all parents regarding the communicable illness, date of exposure, signs of illness to watch for, and precautions. emergencies - Up to date emergency information will be required of all parents throughout the school year. This includes phone numbers of both parents, doctors, and emergency friends. For minor Injuries, a staff person will provide first aid and the parent will be notified. For a more than minor incident, a staff person will provide first aid, 911 will be called and the child's parents will be contacted. Emergency numbers are posted above the preschool phone in the preschool office. FIRST AID - All teachers and assistv'nt teachers must have eight hours of first aid training every th/' At least one staff person trained in CPR will be present in - ,. 'school at all times when children are present. A staff person will administer first aid when necessary. A first aid kit and manual are kept in the preschool office. MEDICATION - We do not administer any oral or surface medications. A minor wound will be cleaned with water and bandaged. IPECAC SYRUP - Parents must provide written authorization for Syrup of Ipecac to be administered to their child. Syrup of Ipecac will be given only under the direction of the Poison Control Center. FIELD TRIPS - Parents will be provided with information regarding the purpose an^ destination of each field trip. A permission slip for each field trip must be signed by the parent and returned to the school before the child can be allowed to participate in tne field trip. RESEARCH. EXPERIMENTAL PROCEDURES. PUBLIC RELATIONS. - Forms will be provided for parents to sign and return to the school granting permission for research, experimental procedures, or public relation activity Involving a child. SNACKS - The children will be provided with a nutritional snack daily. Snacks will be provided by the school or by a Snack Mom. treat from home must be commercially prepared. Birthday treats welcome. We discourage sweets, such as candy, gum, cakes, and cupcakes. PETS - We do not keep pets at school, to time.We may have a pet visit from time PARENTS VISITATION - Parents of enrolled children may visit Trinity Preschool any time during the hours of operation. If there is a particular activity or event which you are interested in observing, you should call the school and check to see when you should visit. Please check in with the director whrn you arrive. PRESSING FOR SCHOOL - Both creative art and large motor activities are an integral part of our daily sessions. Children should come dressed in washable play clothes that can be worn without fear of being stained or soiled during art experiences. The sc^^'o!' provides smocks and teachers are watchful, bat paint sometimes mehow finds its way to clothing during enthusiastic creative art. Si. s with soles that provide good traction are recommended for school, because of the daily activity involving climbing, jumping, and use of stairs. DEPARTMENT OF HUMAN SERVICES - The telephone number of the Department of Human Services, Division of Licensing is (612) 296-3971. REGISTRATION - Registration is done on a first come, first serve basis. Returning children are given first opportunity for registration. A $25.00 non-refundable registration fee must accompany the application form. TUITION - Tuition' is divided into eight (8) equal amounts. Tuition is due the 15th of each month. We do not give refunds for illness, vacations, or withdrawal. Tuition for 2 days/week is $. Tuition for 3 days/week is S. j)er month. per month. WITHDRAWAL - Two week notice of withdrawal of any child is required. TRINITY PRESCHOOL To: Orono Council l-'embers ^rom: Wesley Ann Hallquist, Tirector of Trinity Preschool Subject: Fencing for the outdoor play area for Trinity Preschool located at Trinity Lutheran Church ’•’e have no plans at tiiis time for a fenced outdoor play area to be established. The specific ordinances sections of the City of Crono states only that a play area must be fenced if it is within 15' of a street area. The play area for Trinity Preschool is located over 300' from a street area. The Pepartment of Human Cervices for the state of ’-'innesota does not require crograms operating for less than three hours a day to provide an outdoor activity area. Trinity Preschool is offering a hour program. We would, however, on occasion like to have the option of taking the children outside for a brief period of time. The Pepartment of Human Cervices requires an outdoor area to be enclosed if it is located adjacent to a traffic, rail, water, machinery, or other environmental hazard, trinity's outdoor area is located to the rear of the property and is not required by the state to be fenced. A site plan has been provided to the state licensing agency. Trinity's licensing representative has visited and is familiar with the site. Our outdoor activities will be both well supervised and structured. Our program is available only to the preschool age child. This age child is very capable of understanding, accepting, and living with limits and rules. Our outdoor rules, regulations, and boundries will be explained to them and enforced. The safety of each child is our top priority. If for any reason, at any time, a staff member feels that there is any problem, our program will be evaluated by all staff members and any and all necessary changes will be made to ensure the safety of the children. Cur priority is to put our funds into indoor equipment necessary to meet state licensing requirements. It is our hope and dream that as this program grows we will in the future be able to expand our outdoor program. Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date: Subject: Jeanne A. Mabusth, Building & Zoning AdministratQOUNCIL MEETING May 16, 1990 #1528 Constance M. Scott, 2300 Longview Circle - Preliminary Subdivision - Public Hearing Zoning District - RR-IB Application - Class III Subdivision - 2 Lot Plat Total Area = 4.0 acres dry lands List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Septic Map Lot 1 Exhibit E - Septic Map Lot 2 Exhibit F - Plat of Longview Exhibit G “ Preliminary Plan Review of Application - This subdivision involves the division of Lot 5, Block 1, Longview. The plat of Longview was approved by the City in September of 1977 (review Exhibit F). In 1979, Lot 2 was approved for a subdivision creating an additional lot. Lot 5 is the last lot of the subdivision with a potential area for division purposes. Each lot meets the required 2 acre dry contiguous area and also satisfies the lot width requirement to the rear of the 50' front street setback at 200'. In fact the narrowest width of the lots proposed is 210'. The existing house on Lot 2 meets the required side setback of 30' from the proposed division line. Lot 1 has been tested and found to have adequate area for a shallow trench septic system. Additional septic testing has been provided for Lot 2 confirming adequate area to the east for future septic expansion. Note that the 20' setback has been maintained from the existing drainfield lines within Lot 2. The City Engineer has reviewed the site to determine if there would be any concern with access and has found no sighting problems for the newly proposed lot. Access to Lot 1 must be reviewed by the Public Works Director. JUN 111990 CITY OF ORONO Zoning File #1528 May 16, 1990 Page 2 of 2 .Staff Recoanendation - To approve the 2 lot plat. Class III subdivision, finding all standards of the RR-IB zoning district, subdivision regulations and on-site septic code have been satisfied. \Qlkpproval of this subdivision is subject to the following conditions: 1. Dedicate drainage and utility easements along the newly defined shared lot line, 5' on either side. 2. As plat was filed prior to May 1st deadline for new Park Dedication Fees, applicant need only make payment of $200.00 for proposed Lot 1. 3. Driveway access for Lot 1 must be approved by Public Works Director. Additional Comments and Planning Commission Recomaiendation - June 6, 1990 The Planning Commission unanimously adopted the staff's approval recommendation. The enclosed resolution has been drafted for Council's review and action. A RBSOLOTION GRANTING PRELIMINARY APPROVAL FOR A 2 LOT PLAT AT 2300 LONGVIEW CIRCLE PILE NO. 1528 WHEREAS, Constance M. Scott (hereinafter "subdivider") on April 26, 1990 filed a formal subdivision application with the City for approval of a 2 lot residential plat of property legally described as Lot 5, Block 1, Longview, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on May 21, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 11, 1990 the Orono City Council considered the subdivision application of Constance M. Scott, noting the following findings of fact: 1. The property is located within the RR-lB Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately acres, all of which is considered dry buildable lands. 4.0 3. Each of the lots contain 2.0 acres of dry contiguous land, and each meets the required 200* width to the rear of the 50' front setback line. 4. On-site septic testing confirms adequate and suitable areas for on-site septic development on the proposed new lot (Lot 1) and adequate and suitable area for on-site septic development for an alternate system on proposed Lot 2. 5. All existing improvements on proposed Lot 2 meet the required setback from the newly proposed division line. 6. Each lot can continue to be developed for residential use without the need for variances to the RR-IB zoning standards or on-site septic code of the City, Page 1 of 3 NOWr THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Constance M. Scott that proposes a 2 lot Class III subdivision per the survey undated by Theodore D. Kemna of Schoell & Madsen Inc., subject to the following conditions: 1. The future owner of Lot 1 must apply for a driveway permit from the Public Works Department upon application for a building permit. 2. The plat was filed prior to the May 1st deadline for new park dedication fee schedule, subdivider need only make payment of $200.00 for proposed Lot 1. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Theodore D. Kemna of Schoell & Madsen Inc. undated (preliminary plans used for public hearing review on May 21, 1990). b) Dedication of "drainage and utility easements" 5' each side of the internal property lines. c) Name plat. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. Page 2 of 3 c) Subdivider to provide appropriate documentation insuring future owner of Lot I's responsibility of share in the cost of the upkeep of the private road known as Longview Circle. This would also include partial ownership of private road outlot. I C. FEES TO BE PAID: Total Due $425.00 a) Park dedication fee per current schedule: Lot 1 @ $200.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $75.00 Adopted by the City Council of the City of Orono# Minnesota at a regular meeting held this 11th of June, 1990. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of June, 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 Page 3 of 3 cm OF OROHO - SUBDIVISION APPLICATIONi PROPERTY LOCATION Site Address «??3nQ 1 nnaview Circle Long Lak e. Minn. 55356 ______ pjjQpgj^ty Identification Number (P«I«D») Q3~117~23 23 QQQ4 Please check one - Property _____ abstract or torrens? CJ7T OF Dim H17im0 cool ROl 710:0 04M/9 Attach legal description to application. Lot 005 Block 001 APPLICANT Phone (home) 473 1041 Name Onnstance M. Scott Phone (work)54? RR?8 (husband) Address: ^pnoview Circle CitvrLppq L?ke. Minn.Zip:55356 OWNER (if different than applicant) Name Phone (home) Phone (work) Address:Citv:Zip: (attach list if more than one) EXISTING LAND USB Number of Tax Parcels one Development Size two Acres Dry Land Acres Wet Land four Acres Total, all parcels • Present Use (check) X Residential; no. of units one Other (specify) Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) )<X Subdivision for New Building Sites Number of Building Sites: one one= two Existing Units New Units Total Units two Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) qne £7120 Units per tWe- Acres Sq Feet Dry Buildable Land • ^'Residential . ’ Other (specify)_ _ _ _ _ _ _ o © NIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Date Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ __ PEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivision) Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature //JTj?. Date Date /^//s-/f 9Owner's Signature Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. 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UJ g-.S5SS o CM Ui Ml o Ml O _i -J CM _J o o > Sg 0 M X1 5 o 1- -i -I u Ui > M K 4 Ml O lu Ui ^ CM 2 X X 4 I *1 O O X _ ^ 4 l-l W S g O g^^SoS CM 4 Ui in > O CM K O 4 Ml O U. U. Ml X ig O r;sg^«ui r g-s5 O O Z K ^ 4 UI o g oS-'gggMl O K K CM /.■> / Ci* K ^ O C3 4 K Q 0 Z W 4 Ui K g|K|o2ui5 SnX ^ uiipi i!ii ||! ■ If K- ffi9^ f.% 1 ^ e ■. -t::- -!• •H O S... s- GW £ g v" UJo. > o ►- oe ac B. UJ II O »- oe t/t O UJu a UJ K UJ UJ X 1^: 3 •‘ujS D 5<S ^ o o < £O M t- > r cn K < cr UJ ui S O a, a a ** < “■ A cr jiO UI »- O t- M Scot sSs.Tror h- a u. < UJ UJ(0 r o M u O > Ui < Lu ta :=ii ES“* -jSS <00.0 Z M UJ UJ >iii•-t UI 3£ r- V) UI K UJ X >; UI K K £u a UJ u. u. ■-H s O O ftSST# li aco “I I !• fSJ* <J*| ^ 0 0 0 O To: From: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Adminis May 16r 1990 #1531 Carol J. Kelly, 3020 Casco Point Road - Preliminary Subdivision - Public Hearing COUNCIL MEETINp/ JUN111990 (^IM ORONO Zoning District - LR-IC Total Area - 1.09 acres Lot 1 = .57 acres Lot 2 « .52 acres Dry buildable determined at elevations above 929.4* (ordinary high water mark). Application - Two lot plat. Class III Pertinent Ordinances - Chapter 11 - Class III subdivision. Specific sections: Section 11.01, Definition - Lot Area; Section 10.02, Definition 34 - Lot Area; Definition 40 - Lot Line Rear; Definition 43 - Lot width. Section 10.22, Subdivision 2 - Hardcover review for Lot 1: 75-250* setback area * 15,500 s.f. Allowed Hardcover * 3,875 s.f. or 25% Existing = 4,735 s.f. or 30.5%* Excess Hardcover Within Setback Area = 860 s.f. or 5.5% * House ss 1,670 s.f. Garage = 520 s.f. Driveway ** 1,820 s.f. Sidewalk Paving + Patio = 725 s.f. TOTAL * 4,735 s.f. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Preliminary Plat for Previous Applications Exhibit E - Cook's Report Exhibit P - Cook's Sketch Exhibit G - Staff's Sketch Exhibit H - Preliminary Plan Zoning File #1531 May 16r 1990 Page 2 of 4 Review of Previous Subdivision Application Involving Creation of 2 Riparian Lots - In June of 1976, the Orono Council approved the 2 lot riparian subdivision. The applicant failed to pay required park and consultant review fees. The original approval expired within 6 months of the approval date. Applicant reapplied with the same proposal and was denied based on the need for lot width variance as property did not meet the required 200' of width at the 75' setback line. The 2 lot riparian subdivision application was denied by the Orono Council in April of 1978. Review of Current Application - Please review Exhibits F, G and H. The current proposal proposes 1 riparian lot that meets the required lakeshore setback of 100' at the 75' setback line. Lot 1 also meets the required lot width to the rear of the front yard setback line of 30'. Lot 2 has a rear line that ends at a point. Although Definition 40 of the zoning code would suggest that the rear lot line be determined as shown on the staff's sketch (Exhibit G), a lakeshore setback of 75' is applicable. Lot 2 is obliged to meet the 75' setback from the 929.4' elevation although not defined as a lakeshore lot. In review of Cook's report (Exhibit E) and his sketch (Exhibit F), the area of the drainage ditch cannot be included within the dry buildable 1/2 acre building envelope of proposed Lot 2. Applicant's surveyor has been asked to confirm the dry buildable envelope exclusive of the hatch area defined in the Engineer's sketch. Staff has asked the Engineer to stake the drainage ditch along the east lot line. Upon a site inspection, it will be difficult for members to determine actual lot corners. Note the encroachment upon the property of the gravel drive serving adjacent neighbor. Applicant's surveyor has already confirmed that there would be no problem meeting the 1/2 acre dry contiguous requirement to the west of the defined drainage ditch. Staff notes that Lot I's existing hardcover, the newly adjusted 75-250' setback area at 15,500 s.f., now shows excesses of hardcover totaling 860 s.f. Applicant must advise what portions of existing hardcover are to be removed. Cook has also asked that all portions of the lakeshore property involved within the flood plain (areas below 931.5') be designated and the City take a Conservation & Flowage Easement over the flood plain area. This action would not be consistent with previous reviews in determining dry buildable areas for lakeshore lots. The 931.5' elevation has been used to designate wetlands adjacent to the lakeshore where wetlands and lake Interact. Please review this property's lakeshore. There are no wetlands nor are there designated wetlands shown on the City's official mapping. Dry buildable area of each lakeshore lot has always been determined from the 929.4' elevation. Staff would recommend that the drainage and utility easements be defined as always within plats along the perimeters of properties and along the shared lot lines at a 5' width. Drainage easement along the south and east portion of the property is to be designated at 5' on either side of the center line of the drainageway. Zoning File #1531 May 16, 1990 Page 3 of 4 water lines are all located within the rights-of-way of Casco Point Road and Maple Avenue. As already noted. Lot 2 is not riparian to Lake Minnetonka. In a similar subdivision review, because the City failed to file a restrictive covenant against a non-riparian lot, the courts upheld the property owner's rights to achieve access a walking easement through an adjacent property. The ^ not recognize the final resolution approving the plat that noted the lot had no riparian rights. Staff will ask the City Attorney to draft an appropriate restrictive covenant denying all riparian use to Lot 2 of Lake Minnetonka. Options of Action -Denial_5_ If Planning Commission poses a denia 1Denial. it riaunxiiy ^^ recomiiieiiditrM, please refer to the necessary findings set forth in Chapter 11. Approval. considered: If approved, the following findings may be 1. The proposed division satisfies lot standards of the LR- IC zoning district. 2. The subdivision has been found to meet all pertinent standards of the subdivision regulations. 3. There is adequate sewer and water to serve the newly proposed lot. Approval is subject to the following conditions: 1. upon application for a building permit for new construction on Lot 2, the future owner shall pay th' following sewer and water fees: Sewer unit charge = 1,513.86 Water unit charge = 1,691.78 It should also be noted that this rate is ‘’f fee schedule and will be adjusted based on the inflationary rate in 1991 fee schedule. 2 The Citv to file a restrictive covenant against the tltirif LoV2rdenying all riparian access and use of the lake via Lot 1 of this subdivision. Zoning File #1531 May 16, 1990 Page 4 of 4 3. Prior to scheduling the application before the Council, applicant's surveyor to provide an amended site plan of Lot 1 designating existing hardcover improvements to be removed so that hardcover is maintained at 25% within the 75-250* setback area. Hardcover to be removed prior to final plat approval. 4. Final plat shall include the following; a) designation and dedication of Casco Point Road adjacent to south lot lines of property; b) drainage and utility easements along perimeters of property and along shared lot lines, 5* in width; c) Drainage easement is to be shown 5* either side of drainage ditch, plat to dedicate drainage and drainage and utility easements to the City. 5. Name plat. 6. Future owner of Lot 2 is hereby advised that hardcover within the 75-250* area is to be limited to 25%. Additional Comnents and Planning Commission Recommendation - June 6, 1990 The applicant's surveyor and representative. Bob Smith, confirmed that Lot 2 contained 1/2 acre of contiguous land exclusive of the drainageway at the southeast corner and the small portion of dry buildable divided from the buildable envelope by that drainageway. In addition, the Planning Commission advised applicant that there is an excessive amount of hardcover within the 75-250* setback area now that the 1/2 acre of dry buildable of land was to be taken from proposed Lot 1. Planning Commission further added that this excessive hardcover would have to be removed prior to final plat approval. Mr. Smith, the applicant's surveyor, has submitted a revised plan (Exhibit H), that depicts the 923 square feet of excessive hard­ cover scheduled for removal. Planning Commission also concurred that restrictive covenants should be filed against both Lots 1 and 2 limiting and prohibiting all use of the lake by the non-riparian lot. Lot 2. The City Attorney's office has been advised of the need to prepare the restrictive covenants for execution by the applicant to be filed against the chain of title with the filing of the final plat. In regard to the realignment of the drainage ditch, it should be noted that the 1/2 acre dry contiguous envelope has been confirmed based on the realigned drainage ditch. It should also be a condition of preliminary approval that the realigned drainage ditch be completed prior to the approval of the final plat. Subdivision approval shall be based on Lot 2 containing the 1/2 dry contiguous lands and the existing drainage ditch encroaches the 1/2 acre buildable envelope. The Planning Commission recommended approval of the 2 lot plat as proposed and adopted the staff recommendatic .i for approval. The enclosed resolution has been drafted per the approval recommendation of the Planning Commission. I A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT AT 3020 CASCO POINT ROAD PILE NO. 1531 WHEREAS, Carol J. Kelly on April 27, 1990 filed a formal subdivision application with the City for approval of a 2- lot residential plat of property legally described as Tract T, Registered Land Survey #461, Files of the Registrar of Titles, Hennepin County, Minnesota, (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.2.58 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on May 21, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 11, 1990 the Orono City Council considered the subdivision application of the Carol J. Kelly (hereinafter the "subdivider"), noting the following findings of fact; 1. The property is located within the LR-IC Single Family Lakeshore Residential Zoning District requiring a minimum of 1/2 acre of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 1.09 acres, all of which is considered dry buildable land. 3. The proposed plat contains 2 lots meeting the required 1/2 acre dry contiguous lot area requirement. 4. Each lot meets the required lot width to the rear of the front yard setback line at 30'; Lot 1 - the only legally recognized riparian lot meets the required lot width of 100' at the 75' lakeshore setback line. 5. Each lot can be residentially developed without the need for variances to the LR-IC standards. 6. The existing structural improvements on Lot 1 meet the required setback from the newly proposed division line. Page 1 of 4 NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Carol J. Kelly at the property located at 3020 Casco Point Road per the survey originally dated 5/21/90, revised 6/4/90 by Pete J. Knabb of Ron Krueger & Associates, Inc., subject to the following conditions: I. 1. The following improvements must be completed prior to final plat approval: a) Realignment of drainage ditch as shown on survey noted above. b) Removal of 923 square feet of existing hardcover on proposed Lot 1 as shown on the survey noted above (revised date 6/4/90). 2. Upon application for a building permit for new construction on Lot 2, the future owner shall pay the following sewer and water fees: Sewer unit charge Water unit charge $1,513.86 1,691.78 It should also be noted that this rate is based on the 1990 fee schedule and will be adjusted based on the inflationary rate for each annual fee schedule. 3. The subdivider shall execute a restrictive covenant to be drafted by the City to be filed against the chain of titles of Lots 1 and 2 denying all riparian access and use of the lake via Lot 1 by Lot 2 of this subdivision. 4. Current and future owner of Lot 1 is hereby advised that hardcover within the 75-250' setback area is at maximum allowed level at 25%. Any additional improvements to this property resulting in increases in hardcover must be approved by the City of Orono and may result in equal or greater removal of existing hardcover. Page 2 of 4 i FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. The subdivider is hereby advised that preliminary approval will expire one year from the date of Council's approval of the preliminary plat (June 11, 1991). A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Peter J, Knabb of Ron Krueger & Associates, Inc. revised date 6/4/90. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a drainage easement within Lot 2 as shown on the plat drawings. Drainage easement to be shown 5' either side of drainage ditch. d) Designation and dedication of right-of-way of Casco Point Road. e) Name plat. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed restrictive covenant prohibiting riparian use of lake by Lot 2 via Lot 1. City to provide restrictive covenant for execution by subdivider. Page 3 of 4 C. FEES TO BE PAID: Total Due $740.00 a) Park dedication fee per current schedule: Lot 2 0 $440.00 b) Final plat fee * $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th of June, 1990. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of June, 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 Page 4 of 4 ■CIW OF ORONO - SOBDIVISIOH AF^JCA-MNCOLLOCATION I O O Site AHf^ress ?Q2Q Casco Point Rd . __ _ ___ _ _ _ _ _ _ _ _ _ ___ Property Identification Number (P.I.D.) 20“117-23"34"0200— Please check one - Property w abstract or - - - torrens? Attach legal description to application fV2SJ>.00 m75^c cool } ■A uwviA-yyyi APPLICANT N;iine Carol J. Kelly Phone (home) Phone (work)471-7528 Address: 3020 Casco Pt. Rd.City: Orono Zio: 55391 OWNER (if different than applicant) Name SAME Phone (home) Phone (work) Add ress:Citv:Zio: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels 1 lot and house Development Size 47,640 sq. ft. _ Acres Dry Land 1.09 acres Acres Wet Land - - - - -- Acres Total, all parcels Present Use (check)Residential; no. of units 1 lot s hous Other {specify_ _ _ _ _ __ _ _ _ _ _ _ _ Present Zoning strict Residential PROPOSAL 2 lots Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) iot split 1 tnt-c a gJii#ivision for New Building Sites Number of Building Sites: - -1 - - - -Nei^Snits°"^’'^ - -5 Total Units AcrerProposed Gross Density: 1.83i_u/a- - - Units per _ Sized-ot 2=^S^ois?^:^^§2Sd ^*cT Feet Dry BuildaDl-ftMinimum Lot Proposed Use: (check)Residential Other (specify), MINIffOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application FormPreliminary Plat information on Certificate of Survey.Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2.3. 4. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ 1. Payment of fees (park fees, filing fe^, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Eanements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ _ FEES XXX Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) $150.00 250.00 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Pinal Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date DateOwner's Signature _ _ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are hi on the third Monday of each month. Applicants must be present at all c>c;iieduled 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. ■f < • - . 4- '*1 g- s S' M z v> M at StK a a. ui>s ^ C£r s' ;::s UJ J S“i Io »- 3 o o z at -t *H M M O' U K1 z in ____i-< m W O M o (SI u a c. a < 2 2 o Z »H u u Z V ““iS< N CO « K ^ « ^ lu oi CO N _ o» © O ^ V -I oS“2|in a §6i“Jl (A S !n K) o •• 1-(y u «e a -SsJXSi M -i i 5^2? 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II § pH SMo < < M 0 Z X rH 0 •.a 0isO t- UJ UJ O Z Z Z 0 «g u o Z ® * - SJ O 1- O ° 5 “-2 117-25 95 005 AOORESS UNAS AND DEPT LOVER LON AVE N 55927gr •> ° ^ a...S2 O «J Z CO M ae Ui UJ& > M M M O •9 O 0 0 UJ M M 0 UJ UI > 0 ^ I X < 0 M O r* t“ M U 0 0 -J S N Z X M t- 0 -J M 0 0 S“-02 tl. z •• 0 r •H M M Zr |-'5< S 0 u 2 < eg M 0 Ni 0 ^ z <^ >■0 M <04 to O O O M X M w MO H M 4-0 Z 0 > > ft U M O W UI O eg u 0 0 0 1 0 0 0 ^ _532SS5 58 20-117-25 9505297 CASCO CXf 0 A H OAS DANIEL 0 A MAOOri 5297 CASCO CIRCLI HAYZATA MN 555<52 M O 7{i500 K 4 0 0 -4 U 4 4 M o o S£ 0 Ui 58 20-02987 JAMES R JAMES R 127 HOOl ST PAUL58 20-05050 JAMES L JAMES L 5050 CA WAY2ATA58 20-00058 STATE L ALVIN G 2585 XY MPLS mO 4 4 eg <3- M >• > o 0 1^ 0 M «I M O (’ SI UJ ►- X m « 0 0 O 0 <M -I §2^ S-HM t- 9> O Ui H to'^“•z la to o S > ocsi u < -I a 10 0-1 K < 0 UJ 3 Z O 0 U Z V “n3-c eg UJ O O N O 0 0 <M > 0 to O < O < to O “> O 0 X 0 2 O O < 0 o§2^3 l-“ <o S to S2M m o Ui<3- a u. m O X K < t- CL ?o o2 “■0?5 O 0 Z M > 0 IK < O < to O M M to X 1 O M 0 UJ 9> fA to M —1 M <3- O K 1- U 0u\0 0 0 0 M O 4 4 *H 1 4 -I o 2 ^ U 4 4 U C 1-4 X X 0 I 0 .'O 0 2 n o < 0 0 O Z UJ << > N0 < UJ 0 o 0 to m o isl5ig< o o to X 0 2 §1 0 <I ____UJ < < > N. ' UJ 0s 0 05<» u MOO (M U < 1 0 t- •H 0 i ® OJ 0 1 0 M M O -I a < UJ t- -J tol^a 0 U -J O Z uj« = 0 9^ N5S5 3 0 0 2i«5 a 4 ^ X 3< Z 6890.1 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administratoi DATE: June 8, 1990 SUBJECT: Highway 12 Sewer/Water - Contract Completion JUN 11)990 CITY OF ORONO The Engineer has been seeking quotations for completion of the landscaping and asphalt. Once these are received they will be presented to Council PROPOSED MOTION - Moved by , seconded by that Council accept the information presented regarding Highway 12 Sewer/Water contract completion. Ayes _, Nays _. 53190.2 i3 COUNCIL MEETING TO: FROM: DATE: Mayor and City Council r Mark E. Bernhardson, City Administrato^j/ May 31, 1990 JUN 11 1990 CITY OF ORONO SUBJECT: Park Commission Chair Appointment Attachment: A. Park Commission Chair Appointment Memo Dated 5/25/90 ISSUE - 1. Interview prospective Chairs for the Park Commission. 2. Make appointment. INTRODUCTION - As noted in Attachment A Phil Bradley, who had been the Chair, has indicated that he would resign as Chair but continue his position on the Park Commission. As a result two individuals on the current Park Commission have expressed their interest in being Chair. DICUSSION - The individuals who have indicated their interest in it, whose resumes are attached, are: Alexander Vongries Richard Flint ALTERNATIVES - 1. Interview. 2. Select. 3. Table for further consideration. RECOM MENDATI ON - It is recommended that following the interviews Council table the matter until the June 25, 1990 meeting. 52590.4HD To: Mark E. Bernhardson, City Administrator Pros: John R. Gerhardson, Public Works Director Date: May 25r 1990 Subject: Park Commission - Chair Appointment In May 1990 Phil Bradley resigned his position as Park Commission Chair effective June 1, 1990. Phil will stay on as a Park Commission Member. Park Commission Members Alex Vongries and Richard Flint have expressed an interest in being Park Commission Chair. I recommend they be scheduled to appear before the Council on June 11, 1990. 6690.1 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Adrainistrato June 7, 1990 COUNCIL MEETING JUN 11 '990 CITY OF ORONO SUBJECT: Lake Use Management Attachment: A. City of Orono Letter Dated 5/31/90 B. Lake Use Management Memo Dated 5/7/90 ISSUE - 1. Updating Council on progress on Lake Use Management. 2. Updating Council on process for LMCD Comprehensive Plan review. 3. Having Council determine what final position statement they wish to submit as part of the review comments. INTRODUCTION - At the Council's last meeting they reviewed the preliminary statement of issues as to which would be Orono's response to the LMCD's Comprehe^'» ■' Plan. On June 1, 1990 Attachment A was transmitted to ar^ - ^ '*■; and Councils. At the the public hearing on June 6, 1990 Ac« Mayor Edward Callahan made remarks based on the preliminaiy .t plan. DISCUSSION - The approximate review projesa for the comprehensive plan is as follows: June 6, 1990 - Public hearing comment June 18, 1990 - Close public comments July 'o'O - LMCD considers a final draft review for subm^ 'H to Metro Council August •• October 1990 - Metro Council receives Comprehensive Plan and reviews document Fall/Early Winter 1990 approves/disapproves document - Metro Council LMCD adopts a plan As noted in the process the City would have additional opportunities in addition to input for final draft submission to Metro Council. It may'have additional input at the Metro Council level and also prior to LMCD's final adoption of the plan after Metro Council review. In addition to Orono's verbal comments other cities made comments I Wi as to their positions at the public hearing on June 6, 1990. Based on the comments at that meeting together with further thought by Council, the issue becomes whether the Orono Council ' desires to amend for final written public comment by June 18 Orono*s position on the plan. A new area of concern is the legal authority and status of the plan and what has to be done to change the plan once adopted. It is suggested that the submission include a cover letter, the position statement plus a copy of the attached comments by section if appropriate. ALTERNATIVES - 1. Adopt preliminary draft comments. 2. Amend and adopt. 3. Take no action. RECOMMENDATION - It is recommended that Council after considering amendments to the comments direct staff to submit this in a timely manner as part of the public hearings/comments process. PROPOSED MOTION - Moved by __, seconded by __, Council accept the information and based on discussion submit a response as part of the public comments. Ayes _, Nays _. CITY OF ORONCT A CITl Post OfTice Box 66•Crystal Bay, I On the North Shore of Lake Minnetonka May 31, 1990 Lake Minnetonka Conservation District Member Cities Sent to Orono Planning Commission and Park Commission members 6/1/90 Re; LMCD Long Term Managerial Draft Dear Mayor and City Council, Orono has considered the current LMCD Long Terra Managerial Draft and as a City view the draft with major objections. We intend to present these objections at the public hearing on June 6 at 7:00 P.M. A tentative outline of our basic objections is enclosed for your information. We believe the current draft should be rejected based on our above mentioned outline. And as a neighboring lakeshore city, we would urge you to review the plan and if you share our misgivings, we urge you to join us in iraKing your views known. The LMCD Board is made up of representatives appointed by the cities to represent each city. And we suggest that whatever your views may be, you make your views on this subject clearly known to your representative so that he or she can represent you. If you wish’to discuss Orono's views or anything related to the LMCD, please contact our City Administrator, Mark Bernhardson, at 473-7357 or any of the Council members. Ed Callahan 343-2834 or 473-8149 j. Diann Goetten 473-6633 Alan Nettles 341-2181 or 473-4684 Barbara Peterson 475-2706 James R. Grabek 176-8444 Sincerely Enclosure cc; City Clerk BUILDING A ZONING - 473-7357 ASSESSING administration a finance - 47J.735I FAX-47341510 PUBUC WORKS - 473-7350 - ^ ■•ir .-PRELIfllNARY DRAFT '5-29-90 ” CITY OF ORONO RESPONSR TO LMCD LONG TERM MANAGERIAL PLAN -r ® R'* f?\ 1? A.The City of Orono opposes the LMCD plan as 1) failing to focus on the purposes for which the LMCD was formed; 2) being inadequate in its concerns for environmental protection and conservation of the lake as a finite natural resource; 3) misdirected in focusing upon promoting and encouraging increased boat densities and additional access points; 4) u?J.realistically seeking to remove land use regulations from local control; 5) seeking to raise taxes, and lessen local control over them; 6) dilute or eliminate local control over the LMCD and surrender *t to state and county agencies. 1. 2. Tho LMCD was created to be the agency immediately concerned •“*.th the protection of the lake, as a natural re'uurce, from environmental deterioration including aesthetic deterioration, and the preventing of pollution. This plan focuses on increasing recreational activities, rectifying past inequities in access growth and intends to impliment environmental protection only after it accomplishes these goals. The LMCD plan is inadequate in its concerns for conservation because it fails to recognize: a. b. c • d. £. That existing usage of the lake has alzgady reached the «v^rage density of 10 acres per boat established by the DNR and other agencies (8 uaablo acres per boat); That peak density is nearly twice that; That planned for increases, e.g. Hennff.in County Park at 3 68-170 new boats - Minnetonka i^oat works 42-48 new boats, etc., plus unplanned others will bring the average density to between 7 usable acres and 6 usabJo acres per boat by 1991 if it is not there now; That tho reports of current users indicate serious and dangerous conditions of near missses, dangerous acts of intoxicated boaters, high wakes, ignoring of navigational rules, etc.; The numerical majority of the bays are already drastically overused (Tables 6 and 8); That there are Indicators sailing may bo being crowded off tho lake, etc.; . •T.-. "t —......... FROM uRRv FLR nT Ik Moult ^ & 9 • •.'90 PREUMIHARY DRAFT-5-29-90 ■-. Vii-- g. Some boats ar« mora onvironmentally harmful than others - e.g. large power boats vs. eailfieh; yet the LMCD plan does not consider the environmental effect of these conditions or establish a standard for density or oven consider the possible necessity for numerical limitations on particular types of boats. 3. The plan is misdirected in focusing on the promotion of increased use of the lake and the establishment of new access points and recreational land destinations for boaters ptrticulary as a first priority# and as a precondition for future regulations. a. These matters have been the subject cf several previous reports as stated in the plan, are the special concern of other agencies, and are not part of the mandate of the LMCD; b. While the implementation of those pl-ns will have an effect upon the environment, an environmental plan is needed now, not afterwards;' c. The environmental question ia not who should have access or pay for it, but how many and what-typea, of watercraft are being or will be used, and how this affects the lake; d. So far as the environment Is concerned, the LMCD should immediatelyi 1. Establish the permissable density standards for optimum environmental protection and for purposes of boating safety; 2. Seek increased enforcement of existing regulations with emphasis on additional use of the water patrol, and consider methods of increased cooperation with and use of local police agencies (drunken boating, littering); 3. Require and encourage boat users educatio in right of way rules, etc., end *n safe operation of their boats t ircugh licensin.^ boaters and certification requirements - e.^ power squadron certificatio»' is available; 4. Adopt appropriate rules relat-k^- to noise pollution, "quiet waters," spet 'hes, etc., and ensure enforcement; 5. Give parallel conslderatic.. and regulation to the effects of wintertime use - ice houses, snowmobiles, cross country skiers, etc.; 1825X -*-1 . • •• -A •■. ---2-. v’t •r. FROM «iR«v rciiNT m il. f *..PRELjHINARY DRAFT.:" 5-29-90 . - .... - ; - y- :.• • • .;<■ 4. 6. Encourage parking in areas away £rom public access points by the users. Safety, a pollution free lake, an enjoyable usor experience, and aesthetic consideratiun affecting the lakeshore, and its roads, and the watershed are basic considerations. Milfoil is a disti*xct LMCD problem and LMCD should have control of it on the lake. Land use regulation should remain under local control. Orono's land use controls are the most protective and restrictive ordinances on the lake. While it might be desireable to have all communities agree with our standards, we are not willing to part with local control of our lakeshore. Neither is it acceptable to us for the LMCD to make decisions regarding dockage or other lake utilization which in effect force Orono to depart from its land use atandards to accommodate parking, tree removal or hardcover limitations. As a city, we oppose creation of an additional tax or taxing authority as we believe that regulation and education/licensure can be implemented through assessments shared by the lakeshore cities and the county and through existing organizations already providing the training programs. While the present makeup of the LMCD board has inequities built into it which are readily apparent to the different communities, all members are essentially concerned with "preserving the lake, ’’ and that is the sole reason for LMCD. The suggestions that other agencies which are not directly and immediately affected by the lake and which have other purposes and priorities* plans for its future be given positions on thit board, is unacceptable to Orono. ■A I ■’ ! Mayor and city Council 4390 Mark E. Bernhardson TO: FROM: May 7, 1990 subject: r.. use Management ' City Administrator ttachment: A. of p Hearin ;■ use Management f General PHn^ 5/7/90 s -• Sn";is*“: • Us® Management Organization IMTRODOCTIOmIT^^^ policies. 1" both its ordinance adona- P'^-^iosted on prote-ti^t X'S "•"* ««"’i=‘:nbfff? “•- «• -• »< «. S.S! *•'« ■■‘•■•9 “»9„/AV,.|5f."9«,t» P^ISCUSSXON — Th*» {/4a 9 : ;• '-1 Many of these apply to lake use in general. Such concerns include the amount of traffic generated on the lake particularily as it relates to power craft. Additional issues relate to the impact on both land and lake use of facilities such as marinas may have on abutting and other lakeshore residents. The purpose of any committee formulated would be to determine if there is an appropriate policy direction that the City desires to undertake along with attendant strategies to achieve it. STRUCTURE - The possible development of a Lake Use Management Committee, whose primary focus is on Lake Minnetonka with an eye to other lake resources in the community, could be composed of three to seven persons including CounciImembers, Planning Commission, Park Commission members and other interested residents. SCOPE - The scope of the Committee could be broad enough to include all lake use management issues but the proposed areas for initial discussion (to some degree borrowing the format of LMCD's report) are as follows: A. Genera l Philosophy - One of the keys to determining whether the policy directions formulated in the LMCD's plan are in concert or opposition to those of the City of Orono is to look at the general premise on which the plan is based. If such premises on the surface differ from those of the City, determine if there is a way to jointly achieve the objectives of each. Shore Facilities - This is probably the area of largest concern at the present time because it is the one that most directly generates the amount of traffic on the lake. This includes (perhaps in a broader definition than LMCD's) marinas, lake oriented parks, public access, residential docks, municipal docks, and homeowner docks. The fact that the plan does promote development of certain facilities that generate traffic, * may well be of concern. C* Shoreland Regulations -"These are the regulations which generally apply to land use within 1,000 feet of the lakeshore. While in Orono not all the land within 1,000 feet is 'within our lakeshore district regulations, the vast majority of it is. These regulations generally set minimums and most of Orono's regulations are at or above those set forth in Attachment A of LMCD's regulations. It is presently anticipated that each community is free to be more restrictive, but not less restrictive than the regulations. D. Lake Use Management Organization - This is the issue as to what organizations have jurisdiction, how that's coordinated; and how that key organization (if there is is governed and funded. .Possibiyities include:^^'-^ - Continuation of the present LMCD organization - LMCD as proposed in the draft - Alternative structure for LMCD or an alternative organization It is anticipated that a Citv Lake Use Management Committee would be advisory to the Coum; < -*n policy matters and that policy recommendations would be . warded f-.r working either with LMCD, develop into City ordina/.c^s where appropriate through Planning Commission and/or establibh a^*. operational priorities for the City. ALTERNATIVES - 1. Committee Structure a. Determine number of members b. Any categories of members c. Nominating people to the Committee d. Defining role of the Committee 2. Scope of Activity a. Range of issues to be addressed b. Recommendations as far as: Policy Objectives RECOMMENDATION - It is recommended that the Council review these ideas and discuss any alternatives or modifications of these ideas they may have and then determine perhaps at the May 29, 1990 meeting whether they desire to go ahead or not. PROPOSED MOTION - Moved by _, seconded by —, that accept the information on the Lake Use Management Comm..ttee and table it until the May 29, 1990 meeting at which time the Committee, if it is desired, would be established together with nominations for service on that Committee. Ayes —, Nays —. cc: JoEllen Hurr, LMCD Representative Gabriel Jabbour, 985 Tonkawa Road, Long Lake Department Heads 'V--‘■ 5790.2 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE:May 1, 1990 SUBJECT: Lake Minnetonka Long Term Management Program Public Review Draft Page By Page Commentary INTRODUCTION - The public review draft was prepared by LMCD's consultant and is a compilation of the ideas from the initial reviews together with the commentary they received on those reviews. Ass you will note several of the original discussion areas have been combined under related topics. The new LMCD document is much more understandable leaving out many of the details in the initial individual area drafts. (The question of whether those drafts have any status in clarifying these issues is presently unclear.) It may be helpful to use the corresponding attachment from the Lake Use memo in certain sections. (This review is done on a page by page basis) (The tenor of this review will be more critical than constructive.) EXECUTIVE SUMMARY - RECREATION MANAGEMENT (ON SHORE FACILITIES) - Page VII - Comment on the Goal Section. It*s a question of what constitutes past inequities. Additioal issues relate to how the additional parking for public access is to be established and how they plan to optimize winter access. P. VIII - User Experience and Satisfaction - It is the premise of this document that growth will naturally increase and that regulation is the way to enhance limit the conflict caused by the growth. SHORELAND PROTECTION (SHORELAND PROTECTION) - This area originally of great concern is probably one that at this point will probably most easily dealt with for the City of Orono. One element that is more prominent here than in the original drafts is the use of the Minnehaha Creek Watershed District's 509 Plan.* Through this having the communities would develop their individual storm water management plans as the means to improve the quality of stormwater runoff from the "upland areas.' ENVIRONMENTAL PROTECTION - Essentially one paragraph, (with the second paragraph being duplicate of the first,) it is one that is probably the least controversial. MANAGEMENT STRUCTURE (LAKE MANAGEMENT GOVERNANCE) - Page IX - While there may be no disagreement on LMCD becoming an advocate for lake programs more than they have been, there may be disagreement how promotional they should be for additional accesses on the lake. If taken at face value the shifting of funding from cities to the users to the greatest extent possible is laudable. That may be difficult to achieve. As the taxing lake service area in a manner that is independent of municipalities, represents the loss of an effective control by the cities and will additionally subject the cities property tax payers to a much higher rate. The inclusion of the four regional agencies as voting members to the extent that they bring along funding and cooperation is probably not a great dilution of Orono*b vote authority, but there may be alternative ways of handling it. BASE REPORT I. INTRODUCTION - Purpose Page 1. The only goal listed that could be of concern on the face is item C. A better definition of what open public access and use constitutes would be helpful. HISTORICAL BACKGROUND Perspective Page 2. This discusses the divergent management goals of various agencies that have an interest on the lake. It outlines the shift in regional priorities that put a focus on the lake in the late 70*s and indicates this has not been acknowledged to any great,degree by any of the agencies involved. As discussed the primary source of concern for lake users has been the amount of access and how the number of parking spots is determined, together with discussion on what is an appropriate level fpr public access and what acceptable parking for that access. AUTHORITY -.1. ' •- Page 7. This references the appendix A that specifies the authorities with each area. In those two there are, from the City's standpoint, two things not specifically addressed. 1. The City's ability under Minnesota Statutes 412.221 Subd 12 to manage and control docks and harbors within its own jurisdiction regardless of the LMCD or other potential subdivisions. 2. The fact that while the City's ability to do a joint powers agreement is precluded where there is a County established lake management district (MS459.20). LMCD is not a County established conservation district and as such the City's may not be precluded from doing that. REGIONAL SETTING - Page 10/11. Physical Features - While discussing various aspects of the lake there is no discussion of the interface between the lake and the underlying aquifers (in part because there is no clear scientific evidence of it only best guesses by those familiar with the lake.) II. RECREATION MANAGEI4ENT Page 17. Perspective - The discussion centers around the expectation for growth and that there is a need for LMCD to convert from a passive to an active enforcement and this level of enforcement is going to increase as density increases. The expectation is that such regulation will rectify any conflicts. Although emphasized to a great degree in other parts of the report, the report states that without this regulation further access will need to be terminated. Page 19. Lake Access and Use Management - This area is one of greatest concern because it relates to the growth. As noted on page 19 the program does not establish an upper limit be allowed on the lake and discusses the philosophical reasons for that. Page 21. Historical Patterns - It is interesting to note that the actual amount of storage by lakeshore owners has decreased since 1974 with a low being in 1980. The graph on boat storage however does not relate boat storage to level of use at peak and off-peak times nor does it indicate the maximum amount of potential for _ storage, which in turn translates into use on the lake. There is also a concern that relates to what is classified as public_^. ' ■ tr' access and what isn't. ("Pure" public access or marina's etc.) It should also be noted on Page 21 that the stated goal of LMCD to preserve and promote Lake Minnetonka as a recreational natural resource is for all citizens of the State. If this is indeed the goal, then the direction of the current plan may be the appropriate route. page 22-25. Lake Dens^* ty Standards - The various standards are discussed as is the concept of useable acres. In Lake Minnetonka's case the useable acres has not been one with which DNR has been in agreement. It comes however, from publications they put out for application in other areas and does make sense for use on Lake Minnetonka. From a DNR standpoint the appropriate density is one boat for 10 acres of total lake and that public access should have half of that, which does result in the 700 slots that is typically discussed. In other parts of the report they discuss public access to include marinas and other types of non-riparian access. The categorization scheme maybe some what questioned, but is not questioned by LMCD's document. One key to the discussion on use is the type of use having a direct impact on the amount of use a person is able to make. Canoes, row boats and to a degree sail craft take up a much smaller usage area than is needed for power boats, particularly large ones. Water skiing takes up the most. It may be approrpaite to either regulate or have users pay based on the amount of acerage needed to be allowed for these various activities. Page 26. The graph discusses the number of active boats allowed under each of the densities but again does not translate what the expected growth is to each of the sectors in which it would be allowed. It would be very helpful to have one chart tie together the density regulations, allocations, "storage" to active conversions of each of the categories to better understand the impace of the proposed density/access allocation scheme. LONG RANGE RECREATION MANAGEMENT - Page 29. The management objectives regulate densities that build from the current 8 acres/unit down to 5. A. There is a lack of definition as to the manner that the density is to be measured - ie. either peak or average peak, B. There is a question as to what happens when other things such a economic downturns lessen the number of boats on the lake. Then what will the rules revert to lower density rules and allowed access growth at the lower density? If so what happens when economic times again return and place even greater pressure on the lake because of increased sources of access under lower density rules. Page 32. Number 4. It is hoped that the remote parking and shuttle would apply not only to future access points, but to current access points in order to eliminate the parking on the street. One of the significant problems related to these access points are the on street parking which generate not only traffic problems but also engender some trespassing problems of private property. Additional concern is the zones in which these additional "parking spots" would be placed. (The report leaves this undefined. Earlier reports split it out by each of the 5 established zones.) Page 33. Number 6. LMCD is looking to expand further land use controls in the areas that require multiple dock licenses. Currently there is overlapping jurisidction between LMCD and the cities as it relates to marinas and this current land use overlap would be extended to other multiple dock users. This is one area of grater on land "intrusion." Page 34. Number 7. While the idea of examining a buffer zone is appropriate, it would be difficult to expand the buffer zone and thereby reduce the useable lake area and automatically increase the density of useage, so that a buffer should start off as restrictive as it is ever expected to be and subsequently work backwards• Page 35. Number 1. Ice Houses - This may be an issue without a solution, but any attempted regulation should be of assistance. III. USER EXPERIENCE AND SATISFACTION Page 37. Perspective - This issue deals primarily with law enforcement and although billed as a public safety does not mention the ongoing issues of emergency medical services or fire protection. These issues are of particular note should further development be done for either private.or public.jise on Big Island. . Page 39. Authority - While laudable in intent the assumption is still that the Water Patrol is the only law enforcement agency that will be allowed on the lake. The rationale for this assumption is not specifically stated. While the City of Orono does not necessarily desire to have any lake patrol, it would like to be able to contract to provide enforcement of violations that its officers sees on the water from the land and be able to enforce those regulations which the City currently is not able to do. Additionally it would like to, during the winter months, when it is frozen over, have the ability to d al with those types of violations when it is able to go out on the "water". Additionally there are times that the Water Patrol has no one on duty at present in the summer from 11:00 o'clock at night to 8:00 in the morning, at which a workable solution for putting law enforcement presence on the lake would be beneficial. If there is a concern as to the amount of jurisdiction the City would obtain, it could be easily handled in the contract arrangement between LMCD and the cities. This contract enforcement would include addressing not only to enforcement of LMCD regulations generally handled by the Water Patrol but other types of regulations that LMCD's inspectors handle such as docks and related land use. The statement that the POST ’Joard (Police Officer Standards of Training) effectively determine the number of full and part time positions is not only substantially misleading but for the most part incorrect. The only thing that the POST Board does is indicate the credentials that someone must have to be employable and some restrictions on the number of part time postions that a unit can have in relationship to its full time positions. The entire discussion still fails to come to grips with the land/water interface and enforcements within those zones. Presently there are problems that could well be handled if certain "parochial" interests would allow LMCD to contract selected enforcement powers in selected circumstances to the cities. IV. SHORELAND PROTECTION Page 47. Perspective - While there seems to be a common understanding of the LMCD's jurisdiction at 929.4 on the lake, when the discussion involves LMCD's control of wetlands below 929.4 it would be back this may go pa 'pful to have a map to illustrate how far .iularly in bays such as Tanager etc. Page 50. The discussion regarding the busiest day on the lake of 2,256 active boats during peak hours (a density of 5.2/acres per boat or 6.2 of total surface) again brings into question the issue of when and how the peak is measured to determine the implementation of various density restrictions usable. Page 53. Management Objections - Although LMCD*s plan indicates that the shoreland regulations are to be adopted by the individual communities, LMCD is working to develop agreements for review of specific types of applications regarding building height and riparian parcel variances. Referral of each of these to LMCD for review could become, to a degree, burdensome but would probably less of a problem for Orono than some of the other cities. It is assumed these would be for variances that would be variances to LMCD's base line regulations. (If a community had more stringent codes; variances to its codes, which would not be variances to LMCD's base line, would not need to be reviewed by LMCD.) Page 55. The discussion for neighborhood parks it says the responsibility is for by "owning" municipality. This questions whether in Hennepin County facility such as Noerenberg if the City would still be able to exercise law enforcement abilities in that area. Page 56. The encouragement of additional public development of Big Island is something that is of concern to at least the City of Orono as to how extensive this may be, who is the implementing agency and what control, if any, the City would have in that expansion. (The Orono Comprehensive Plan however, does state that the best ownership of Big Island is by public entity such as Hennepin County Parks.) V. ENVIRONMENTAL PROTECTION - Apart from stormwater management, the City has little ability to control in this area. As you may recall in 1984 court case the City of Orono was not allowed jurisdiction in a dredging case but that jurisdiction rested with the DNR and the Watershed District. It should be noted that the upgraded monitoring program would be a laudable goal for this valuable resource. T - -- " Page 66. Management Objectives - A number of issues are addressed including getting communities to adopt storm water management plans plus any shoreline regulation related to environmental protection such as not exceeding 25% of the lot area for hardcover. This will become an issue as to what constitutes hardcover together with the fact that Orono has specified zones for 0/25/30/35% depending on the distance from the lake. Generally Orono*s regulations on a lot would be more restrictive but there may be exceptions in particular cases. Additional recommendations deal with restricting use for fertilizer and pescicides by homeowners particularly lakeshore homeowners and this will be an area of some controversy but perhaps an appropriate educational program may positively promote elimination of such substances that are of concern. Page 68. The City questions the need for the Watershed District to include the additional types of wetlands, if they are satisfactorily governed under City ordinance. (The area of designated wetlands have become a "hot" issue not only on the local but national basis.) IV. MANAGEMENT STRUCTURE Page 72. Management Areas - The conclusion based on a reading of the Legislative history leads the writer of LMCD's plan to conclude that lake management is not to be conducted by one implementing agency. That does not necessarily mean that the Legislature intended it that way. It may only represent the way that it has occurred with various agencies being requested by and given to different authorities by the Legislature to handle specific categories of situations. Page 76. Management Objectives - The creation of the special taxing jurisdiction. In addition to issues noted in the Lake Management Governance Structure addendum the plan recommends LMCD gain the authority to assess the project costs. It is felt that it would be better to have a cooperative agreement with the Cities to actually impose these costs. page 77. This discusses a two tiered property tax levy for LMCD. This could result in upwards of Z mills for people in Orono regardless of whether they are o.# 1 ake or not. This would be approximately 10 times the current le^«> of levy for LM(3}. ■ I r Page 78. Term of Directors. It is assumed that under the present scenario that the appointment would still be made by the City Council. ,!i .' .1 -f 1 • • r> rt 2 . . _ :'2‘ ” •• • “vT.■ - k- • . • -1. 43090.7 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: May 8, 1990 SUBJECT: Lake Use Management - General Philosophy DIVERGENT VIEWPOINTS - The initial point of departure between the significant interest groups involved is the preception as to the level of lake use and approach to deal with that perception. The following represents this writer’s generalizations of those interest groups; LMCD - As set forth in the plan the LMCD views the lake as an under utilized resource that is facing substantially increased pressure. They are proposing a plan to manage the pressure and limit the conflict between various types of uses. In addition to the premise of under-utilization is the fact that they anticipate the plan will satisfy the two divergent philosophies: A. Self Managment - The report identifies a group that feels that as the use increases the lake will be self managing and people will not subject themselves to overuse. B. Regulation Will Be Needed to Mediate The Increased Traffic - This group feels thaTE H the increased traffic is to come that the regulation needs to be stepped up. While the management plan may well address these it does not address perhaps a third constitutency which feels the lake is not self limiting and that as the demand for it, which is destined to come, will increase, that the increased regulations will be only marginally et'fective and that the conflicts will continue to grow. Part of the premise of the LMCD report depends on how the density is measured whether it is average density or peak density and what variations or changes will come as a result of other factors such as economics over a long period and how these will impact the density regulation. Lakeshore Cities — Most people, at least in Orono, look at the lake and feel it is generally over utilized in the summer on nice weekends and holidays by primarily power craft. The difference between this and LMCD's may be the view of looking at the peaks where LMCD may be looking at more of an average use which in general during the weekdays is not as much of a problem.- Lake Shore Residents - Probably even more so than the City*s they generally feel that the lake is so over used that they are relagated to either look at a very busy lake or have their usage confined to off-peak hours. Their use of the lake is further reduced by the low water the last two to three years. Commercial Operators - This is the group whose business depends on the lake use. Their motivation is to do anything that needs to be done in order to ensure at least a decent, if not an increased level, of business. This is particularly driven by marinas whose acquisition cost in the last few years has well exceeded their ability to generate needed revenues at existing dockage levels and rental fees. Non-Resident Users - (Particularly those living in non- LMCD communites) - DNR/Metro Council - Their primary perspective is that the lake is a resource to be enjoyed whenever and wherever they choose and that anything that irapeeds their access is deemed to be parochical interferences on the part of the lakeshore residents. To proceed past what seem to be differing views is to determine the following; A. Is there a common view or goals B. Whether there is or not, can an agreeable strategy be developed to achieve agreeable results C. A related question is whether LMCD*s density approach, (which is the primary vehicle proposed for handling increased useage) can be made workable to achieve both the City's and/or their objectives as it is currently presented or with some modification. If not, does something entirely different need to be developed to accomplish those purposes. If a different approach needs to be taken what portion of that can the city itself undertake. The general challenge of a City Lake Use Committee of would be to determine if there is such common ground with LMCO and/or ultimate results and build on it if there is. If not, such a group could develop independent policy directions that need to be undertaken. On the "surface" the disagreements between these current . perceptions relate to the following: Degree of present use/overuse. .. * V Faith in the ability to manage increased us^.^ ■T >- • . W Disagreement on where and on whom restrictions should be placed as increased use grows. (This is apportionment of the "pain".) Who is in the best position to manage the lake. One could characterise LMCD's position as one that feels that the increased pressure for use on the lake is inevitable and that "parochial resistance" by lakeshore communities will result in independent, uncoordinated development of public facilities on the lake by DNR, Metro Council/Hennepin Parks and/or Hennepin County. These groups have other interests than those of the lakeshore residents or communities and would do the development without any funds to deal with the problems generated by increased use. LMCD's apparent compromise is that in order to retain a coordinated substantially local control it by allow^r/promotes selected facilities develop together with generating the funding for Lake Minnetonka to provide increased regulation as the pressure grows plus the promotion of facilites that will use incentives to remove "active" traffic from the lake. *♦ ♦ *. 4* " ‘-TV* « ; r <“: j* • 43090.8 TO: Mayor and City Council FROM: Mark E. Bernharson, City Administrator DATE: May 8, 1990 SUBJECT: On Shore Facilities INTRODUCTION - Although billed as "on shore" facilities these are the facilities that interface between the land and the lake. They are the ones that cause substantial concern because of both the current activity level together with the potential for generating greater levels of activity. (This is particularily true of the larger powercraft activity, which seems to be the one of most concern to people. There seems to be a much lower level of concern related to sail boats, canoes and row boats.) The primary facilites that fall into this catagory are; Marinas - The concern here is not only the current regulation of these but more importantly what growth potential they have as it relates to; a.) new facilities, b.) increasing density of existing facilities and c.) expansion on either side of existing facilities. The primary expectation is that the economics, particularly the high sale prices in recent years will drive these commercial operators to perhaps undertake all three. (It should be remembered that the bulk of marina space in Orono is in very small area which is zoned for marinas with the comprehensive plan includino some of the residential buildings in between. The balance of the marina activity is the area where the Minnetonka Boat Works and Windward Marine straddle County Road 15. The primary concerns besides the generation of potential traffic are the setbacks, and general impacts it has on abutting residential properties together with the distance of the marinas out into the lake. Public Access - In general this issue has related more to the parking amount needed, location, share of access, lake calculations given to public access and related issues such as trespassing than the actual access themselves. Residential Docks - This includes both present single family dociTs, municipal docks (of which there are none in Orono) and homeowners associations/apartment docks. Among the concerns for increase in this is the "illegal" rental of these slips to off-lake residents in order to, among other things, help pay taxes for the residents. V-’ • Additional concerns are the potential for redevelopment of these properties which would intensify the use. Other Facilities - These include further acguistion of park land, fishing piers, development of anchorages and the Big Island acquisition and increased utilization discussed in the plan. While some of the aspect of the plan are promoted to reduce the actual lake usage by attracting persons and watercraft to an "inactive status" such as anchorages, they may however generate more total traffic on the lake as the lake will have more amenities to attract people. The primary issues are: 1. Specific concerns are that will increase traffic a. ) By type of craft b. ) By level of total usage c. ) After effects of usage (litter, etc.) 2. What regulation will there be and how effective is it a. LMCD - Are there limitations of its ability to achieve its goals through regulation. b. Alternatives - 1. The city exercise the maximum authority it is allowed. 2. Joint powers of the cities which is possible if there is not a county establishes lake improvement district. (LMCD is not a county established lake improvement district.) 3. "Regulated" in a similar manner to other lakes which do not have conservation districts. (It should be remembered however that this was the situation prior to the LMCD's existence and was probably the rationale for LMCD.) Specific Policy Concerns - The following represent concerns in specific areas: 1. Marinas a. Expansion and density of site and current rules that allow them to expand. b. Their ability to add additional property to the marinas. . . .c. Impact on other issues such as hardcover, abutting ■ • * properties etc. — The City though a combination of its land use regulations, licensing and/or maximizing its additional authority under increased ordinances could strengthen its authority on docks, setbacks and density. 2. Public Access - The issues are as follows: a. Total share of access given to the public accesses. b. Parking and how much is permitted to be on the street, if any. c. Associated trespassing. d. Payment for use of the lake. 3. Othe£ Uses - Of primary concern is how much addrtlonal traffic both on the lake and also on the shore that would be generated through these proposed increased points o'" access. a*r —r ■ 1^'*. 43090.9 TO: Mayor and City Council FROM Mark E. Bernhardson, City Administrator DATE: May 8, 1990 SUBJECT: Lake Use Management - Shoreland Management Shoreline Regulation - Concerns have been expressed about Orono's leadersFip in tHIi"area. The shoreland regulations in LMCD s plan have incorporated much of the leadership of Orono and the review of the attachment to this indicates where Orono is equal or more strict than and what areas that would need to amend if there were to become effective. Additional concerns e-pressed in this area are what impact is there if I.MCD does imt ment this plan that their shoreland regulations would have on ours. At the present time it is understood that this will be strictly for the local community to adopt and that LMCD will only act as a catalyst to encourage that together with have review and comment in two specific areas: Variances for height anywhere in the community B. Hardcover regulations within 0-75 foot setback While laudable in general there are some concerns that this may be too the broad so that a height variance a mile and a half from shore that is 10 feet will have little impact on the lake itself but still require review and comment. (On the other hand a ju story highrise near the lake could have a very deleterious effect on the perception of the lake and the lake experience.) Stringency of City regulation - The concern has ^Iso been expressed ^hat the City's regulation could be strengtened. This applies to three areas: A. Leadership in adopting more stringent ordinances B. Concern regarding how stringent the current rules are interpretated. C. The te3ts used in determining for variances to those regulation. . Generally this and past Coancils have been relatively consistent in what they have g«nted. With this Council »=tually being as in wuau u j 5 in the general case on lakesnore rariifcrs^^hanT-sV councils. Wh^le specific ‘"’’^/tren variances may not be as stringent the general practice has been to do such. Examples of increased stringentness ^'|eSpU“£?y^^unYiS°^0-75 to remove it, if they hav^^^r^;> it without City permission. Areas for work by the Lake Use Committee for development policy include: At • A. Determining what policies should be further adopted into ordinance either individually as a City or enhancements from the LMCD work. B. Clarify areas where interpretations is not always deemed to be consistent undertaking the desired policy direction of the City. C. Be cognizant in granting variances and any recommendations relative to variance tests over and above those normally used for shoreline. V 'J T* •; P . ■ • fr—-- .. .• . .. { 1 r s , •* • :-i . ■. V-VV ■ w *• - ,»• - V,- ■ i I ' ' i . ;ry L>*' ' :.-V- • ^ i .i- 4, • 4U. 5190.1 TO: FROM: Mayor and City Council Mark E. Bernhardson, City Administrator DATE: May 8, 1990 . SUBJECT: Lake Use Management Lake Management Governance INTRODUCTION - The LMCD has been the primary agency for governance on the lake since its conception in 1967. The proposed 25 year plan indicates a new posture for LMCD of being the catalyst or lead agency to coordinate the work of other agencies who have rights, interest or responsibility on the lake. They see themselves as orchestrating joint efforts for improvement of the lake. In recapping the alternatives available as outlined in the General Philosophy area there are as follows: 1. LMCD as presently situated 2. LMCD as proposed in the 25 year plan 3. Allow the County to create a Lake Management District 4. Have a joint powers agreement among the cities to handle lake management. 5. Let DNR "do as they want" along with the other independent agencies without there being an overall agency for managing of the lake. Alternate Arrangements for LMCD - Currently LMCD is governed by a 14 member board with one board member representing each of the 14 cities. As such, although Orono has 30 or 40% of the lakeshore on the lake, receives only about a 7 1/2% share of the vote. Alternative schemes to this that have been advanced or could be Utilized are: A. Expansion of the Board from 14 to 19 members with the additional 4 seats going Metropolitan agencies.. ! rr~*r- * .-4 - B. Creation of a nine member Board composed of one representative from each of the 5 zones on the lake, of which Orono is in 3 of them. The balance would be representatives of the 4 Metropolitan agencies. C. Composition similar to the present one, but allowing for proportional voting based on either percentage of lakeshore or share of contribution. The present 25 year plan reccmraends Alternative A. This results in a further dilution of the City of Orono*s power. The second proposal while making it possible for Orono to have up to three members out of the nine member Board becomes a question of who those appointments are made by (or in the alternative, if they are elected from each of those zones) and would leave the lake communities with having a bare majority over the Metropolitan agencies. Alternative C would perhaps give Orono, depending on how it is decided, a more substantial voice in the affairs without having to necessarily alter the Board conpostion. LMCD Funding - PresentTy the LMCD receives all its tax funds through the 14 communities together with user funds primarily from the marinas. The additional work done on the Eurasian Milfoil has been a special program composed of private donations, the cities and other interested agencies. The 25 year plan anticipated a need for a much broader funding base and as such proposes the following elements: Local Property Ta x - Continuation of the tax on local communities but removed from the approval of the 14 municipalities. Presently without the milfoil program Orono would pay about $18,000 to this. Using the millage formula of 1 mill that could leave the citizens of Orono at risk for over $100,000 in taxes to LMCD. (It should be noted that this millage would have to be converted to tax capacity and such should be reflected in the review document.) This tax would apply to everyone in the community, whether they are lakeshore or not, (although theoretically persons on lakeshore are^ paying higher rates because of the lakeshore values) but; a person in Plymouth could be closer to the lake than .someone in Orono and yet.not have to pay this tax. .The, advantage is the City would'gain ;about '18-20,000. in ».c additionally allowed tax levy if LMCD levied its revenue separate from the City. B. Area Wide Levy - This proposal would be to take up to a mill from the entire county based on the rationale that 91% of tne users come from Hennepin County together with 60% of the users coming from the 14 surrounding communities. This scheme at the level proposed would subject people in Orono to an additional $100,000 tax so that they are liable for over $200,000 from the current under $20,000. This does not mean that LMCD will raise this amount but the authority to do so is there on their own volition without any control from the Cities as it presently exists. C. User Fees - In addition to the marinas the LMCD would be promoting the creation of a Metropolitan Boat sticker as a Lake Minnetonka Boat sticker is "not saleable" but the LMCD would then receive a share of the funds generated from these sticker sales and that people would not be able to use the lake without such stickers. Additional potentials for user fees could be charging selected fees for operation of public accesses. D. Grants/Donations - These would be used for special projects. E. Grants/donations - The LMCD desires the power to specially assess select properties on the lake for items such as removals by LMCD of delipated buildings. If the LMCD is to continue to undertake 25 year plan it will need additional funding. From Orono's standpoint the user fee approach would be the most appropriate and the user fee particularly a boat sticker could be gauged on the horsepower of the boat, as the larger boats and larger horsepowers are the one that bring to bear the most conflict among users on the lake. The proposed levy maximums are however a concern and should be looked at. Without some City input the rate maximums shoudl be ^ substantially less. Funding of Non-LMCD Entity - For other entities funding would be as follows; • ■ ■••• - County Lake Management District - Their budget would be subject to the approval of the County Board City Funding its own Progress or a Joint Powers - The cities, some of which are over 2,500 would be subject to levy limitations to accomodate any more funding within their current levy limits would be difficult. (It should be noted that levy limits are anticipated to come off for payable 1993.) Metro Agencies/DNR - Funding for the lake from these sources would be dependent on annual political decisions and priorities not only on Lake Minnetonka, but on other lakes through the state. In addition which LMCD would not be out promoting increased facilities on the lake, independant agencies may on their own motivation independently promote separate facilities which may be done in a way that brings that agency into conflict with the City and property owners. The one upside of removing any direct regulatory body on the lake is to determine whether the self limiting. If it is then government regulation may in fact be a waste of time. If it is not, reinstitution of some format may take a long time and require remaking compromises already made in the past. It would seem to make sense that the appropriate shares for funding should bear some relation to those who benefit from the actual use on the lake. No comparison as such has been directly made in portioning out these funding sources. If the funding is to be apportioned to various group the argument follows to a degree, that governance should be proportioned on the same basis. Finally the issue of governance relates to selection of the representatives. Presently it is based on nomination by the Council and they have put in provisions for recall of the person short of their three year term. Alternatives would be either election by community or election by zone. Such however may be a key as to how much control the City Council has in its input to LMCD if it continues. Mayor and City CouncilTO: FROM: Mark E. Bernhardson, City Rdministrato DATE: May 31, 1990 SUBJECT: Highway 12 Safety improvement 53190.5 fS COUNCIL MEETING JUN 111990 CITY OF ORONO ISSUE - 1. Presentation to the Council of the final draft plans for the Highway 12 safety improvement. INTRODUCTION - At the Council's July 24, 1989 Council meeting Council reviewed the plans for the Highway 12 safety improvement. Concerns expressed at that meeting related primarily to the left turns at Willow Drive if a light were not to go in. DISCUSSION - Subsequent to that consideration the Minnesota Department of Transportation directed that a traffic warrant analysis be conducted at that site. That evaluation commenced the forepart of May and was concluded the end of May. The preliminary results of that analysis are that the light will be warranted at the time that the safety improvement will be done based on the Otten project and an expected project in the southwest quadrant of Willow and Highway 12. The final designs incorporate a traffic signal in that construction. This design was done in anticipation of the traffic anaylsis being warranted. A copy of the analysis hopefully will be available the later part of June at which time a synoposis of the analysis, the plans and a draft resolution will be presented for Council approval. As you may have also noted the City of Long Lake has approved the final plans for the construction. It is anticipated that construction will commence in 1992 with completion in 1993. RECOMMENDATION - It is recommended the Council accept the information presented. PROPOSED MOTION - Moved by _, seconded by _, that the Council accept the information presented regarding the Highway 12 safety improvement. Ayes _, Nays _. cc; City of Long Lake Department Heads 53190.7 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat<^|P^ DATE: June 6, 1990 SUBJECT: Highway 12 Corridor Meeting /4 “"*01 meetmg JUN111990 CITY OF ORONO Attachments:A, City of Orono Letter Dated 6/1/90 B. MnDOT Letter Dated 6/6/90 ISSUE - 1. Presentation to Council on the response from MnDOT on selected areas being precluded from the study. 2. Presentation to Council of date for the next Highway 12 meetings of the Technical and Policy Committees. 3. Establishment of a date for appointment of individuals to Citizens Task Force. INTRODUCTION - Attachment A is a letter regarding a clarification of the study's parameters with Mr. Crawford's response as Attachment B. DISCUSSION - It is anticipated the contract with the consultant will be signed by Tuesday, June 12, 1990. Given that it is expected that the normal Technical and Policy meetings will be held at their, respective times instead of a joint meeting (Technical 6/18 - Policy 6/27). In addition to the date it would be appropriate now that the process is underway and the role of the Citizens Committee is being clarified that a notice be placed for f-irther solicitation for citizens interested in the Committee and additionally that interviews be held at the Council's July 9, 1990 Council meeting. ALTERNATIVES - 1. Accept the information. 2. Discuss. 3. Table for further discussion. RECOMMENDATION - It is recommended that Council accept the info"rmation regarding the meeting dates and that further advertisements be made on the Citizens Committee and that those be interviewed at the July 9, 1990 Council meeting. .‘A. X MOTION - Moved by _, seconded by , that Council acct^ e information regarding the upcoming Higliway 12 Corridor meeti*^:? and that July 9, 1990 meeting be slated as the interview date for persons desiring to serve on the Citizens Task Force. Ayes _, Nays _. CITY CITY i TTACi'(l<Heur OF ORQNQ Po8t OfTice Box 66•Crystal Bay, Mi On the North Shore of Lake Minnetonka June 1, 1990 Mr. William Crawford District Engineer Metropolitan District Minnesota Department of Transportation Room 120 Transportation Building St. Paul, MN 55155 Excess Right of Way Land - Highway 12 - Wayzata Purchase and Highway 12 Corridor Selection Study Dear Bill, At the City of Orono's Council meeting of May 29, 1990, the City of Wayzata, which had recently purchased the above referenced property, indicated it was their impression that the property was not subject to consideration for inclusion in a future corridor for an upgraded Highway 12. It has been the City of Orono’s understanding up to this point that the Minnesota Department of Transportation has made no determinations as to a corridor for an upgraded ''’'•hway 12 or that prior to the commencement of the corridor sei on process even what corridors will be designated for study. If Orono's understanding of the potential corridor is correct, the property in question would not be precluded from consideration in a corridor study, particularly given its proximity to the existing freeway section of Highway 12. It is requested that you advise the City as to whether Orono's understanding of the potential for this being in a corridor study is correct or that Wayzata's indication that it would not be subject to such consideration is correct. Thank you for your continuing assistance. hardson Cicy Administrator Mayor and Council Robert Gisvold, Mayor City of Wayzata Al Orsen, Wayzata City Manager BUILDING A ZONING - 473-7357 ASSESSING ADMINISTRATION A H.NANCF - 473-7358 FAX-473-0510 PUBLIC WORKS - 473-735V Minnesota Department of Transportation Metropolitan District Tnnsportatlon Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minne* Reply to Telephone No. -'B June 6f 1990 Mr. Mark E. Bernhardson City Administrator City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 SUBJECT; T. H. 12 Corridor Study Dear Mark, This is in response to your June 1, 1990, letter concerning the excess right-of-way purchased by the City of Wayzata, in the City of Orono. You are correct in your -issuraption that the property in question would not be precluded from consideration in a corridor study. If you need further information, as always don't hestitate to call. filliam M. 'Crawford, P.E. District Engineer cc; A1 Orsen, Wayzata City Manager An Equal Opportunity Employer n Mayor and City Council _ ^^ETIMG Mark E. Bernhardson, City Administrate 11 I99Q June 5, 1990 TO: FROM: DATE: SUBJECT: Facilities Citizens Review Committee CITV OF OROHO Attachment: A. Minutes - Facilities Citizen Review Committee B. Facilities Citizen Review Materials for 6/14 (To be transmitted separately.) ISSUE - Presentation to Council of information to date on the facilities review process. INTRODUCTION - Attachment A represents notes from the last meeting of the Commission as prepared by Jack Boarman. In addition Attachment B represents the materials prepared for their meeting on June 14, 1990. Attendance at the first two meetings has been substantially above expected with substantial support for completion of the process. PROPOSED MOTION - Moved by _, seconded by _, Council accept the information regarding the Facilities Review Committee and await the report of the Committee following conclusion of their process. Ayes j__, Nays __. V * 'lIBan A RESOLUTION RECOGNIZING THE ORONO TENNIS TEAM WHEREAS, the City of Orono continues to recognize excellent achievement of persons in its community, and WHEREAS, the Orono Boys Tennis Team on May _, 1990 won the semi-finals by defeating Granite Falls and Breck; and WHEREAS, the Tennis Team has previously won the conference, had All Conference appointment and subsection wins; and WHEREAS, team members accomplished this through ^^etting a series of goals for themselves. NOW, THEREFORE BE IT RESOLVED, that the City of Orono recognizes the excellent achievement of the Orono Boys Tennis Team in their achieving a berth in the state championships and recognizes the following team members: TED ADAMS CHRIS BIZZANO TIM GEORGE DAVE EVANS JAY HAKE NED HOSSETH ERIK PETERSON ERLAND SAXEGAARD KEVIN SILUS STEVE STROUP and their Coach: TIM MOYNIHAN Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held June 11, 1990. James R. Grabek, Mayor ATTEST: Doroiny M. Hallin, City Clerk 6690.3 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrat June 8, 1990 MftJWe JUN1 1 (99q OF OROHO SUBJECT: Orono Tennis Team Recognition Attachment: A. Draft Resolution of Recognition ISSUE - Adoption of a resolution recognizing the excellent efforts of the Orono Tennis Team. INTRODUCTION - The Orono Tennis Team has for the first time in its history successfully beat teams through the Regionals in order to have a berth in the State Torunaraents. On Thrusday, June 7, 1990 they took 2nd place in the State. It is expected an updated draft resolution will be presented Mondy. PROPOSED MOTION - Moved by _, seconded by _, that Council adopt Resolution #__ recognizing the efforts of the Orono Tennis Team in reaching and achieving 2nd place in the State Tournament. Ayes __, Nays __. 6690.6 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato June 5, 1990 COUNCIL MEETING JUN 1 1 1990 VJ CITY OF ORONO SUBJECT: Edward Brown Recognition Attachment: A. Resolution of Appreciation - Ed Brown/Draft ISSUE - Adoption of a resolution thanking Mr. Brown for his years of service on the Planning Commission. INTRODUCTION - The attached resolution is presented for your consideration for adoption. Staff has been attempting to contact Mr. Brown to see if arrangements can be made to present the plaque in person. Mr. Brown is currently employed out of town and presentation in person may not be easily arranged. If a personal presentation can be made, staff will arrange that for Council presentation in the near future. V lL 'V', llU an A RESOLUTION OF RECOGNITION OF EDWARD C. BROWN'S VOLUNTEER SERVICE ON THE CITY OF ORONO'S PLANNING COMMISSION WHEREAS, Edward C. Brown served on the City's Planning Commission from Febraury 23, 1987 to December 31, 1989; and WHEREAS, the quality of the community is very dependent on the City's excellence and its land use management; and WHEREAS, the City's Planning Commission is an integral part of the community's excellent land use management; and WHEREAS, Ed in his service to the community on the Planning Commission did excellent work and exhibited his dedication and knowledge in the application of the municipal codes to various applications; and WHEREAS, the City of Orono likes to take the opportunity to recognize individuals with such loyality and dedication. NOW, THEREFORE BE IT RESOLVED, that the City of Orono gives this resolution of appreciation to Edward C. Brown in honor of his years of service to the Planning Commission of the City of Orono; and BE IT FURTHER RESOLVED, that this token of gratitude is given to Edward C. Brown by the Council on behalf of all the citizens of this community. Adopted by the City Council of the City of Orono at a regular meeting held June 11, 1990. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk 53190.8 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Adrainistrat DATE: May 31, 1990 SUBJECT: 1991 Budget Process ®mme •JUN111990 C//Y OF ORONO Attachment: A. League of Minnesota Cities Excerpt/Truth in Taxation Requirements ISSUE 1. Presentation to Council of the budget process for 1991. 2. Presentation to Council of initial estimates for budget consideration , INTRODUCTION - Given the alterations to the Truth in Taxation requirements Attachment A is presented for Council information. As a result of that the City's budget process dates will be as follows: * Preliminary budget information to Council by August 13, 1990 * Proposed 1991 tax levies and budget resolutions must be adopted at August 27, 1990 Council meeting. Also the City must select dates for the initial and continuation budget hearings to be held between November 15 and December 20, 1990 after receipt of infromation from the County * Budget work sessions(s) with City Council and with staff in September - October * Publish notice of proposed property taxes before the hearing to be held between November 15 and December 20 * At budget hearing(s) Council must adopt final budget and property tax levies. (Note property tax levy adopted cannot exceed amount adopted at August 27 Council meeting, but may be lower at Council's discretion .) * City must certify the final budget and property tax levies adopted at budget hearing(s) to the County Auditor by Friday, December 28, 1990 DISCUSSION - It is anticipated that during this process the total General Fund tax levy increases the City would be limited to is $62,260 over 1990. Initial estimates place personnel/increase which make up about 70% of the budget at about 2 1/2 to 3%. Special considerations for the 1991 budget include: Financing of a new facility if any Introduction of flexible benefits Additions: Compliance with changed Corapai.able Worth mandates In addition there will be other specific items that will be identified for the 1991 budget as staff goes through the process during the summer months for presentation to Council with the preliminary budget information. Given the changes the City of Orono will be limited to 3.9 percentage increase in levy limits although there would be no penalty any more for exceeding the levy limit because the City has lost all of its Aid between the 1989 special legislative session and the 1990 regular legislative session. (The penalty for exceeding the levy limts was a loss of aid at the $.33 for every dollar exceeded.) ALTERNATIVES 1. Accept the information. 2. Provide direction to staff if not in concurrance with their present direction. 3. Take no action. RECOMMENDATION - It is recommended that the Council accept the inforniation directing staff to establish initial bugetary numbers for the Council for consideration at the first meeting in August. PROPOSED MOTION - Moved by seconded by that Council accept the information directing staff to bring back initial tax and budget numbers at the first meeting in August. Ayes _, Nays W- V j: ’*'5 'A nvom^T M199pJ^ruth in Taxation Timeline Requirements for ALL Cities r,'.:..t. V-.V.X By: August 1 September 1 November 10 November - December November 15 - December 20 December 28 - -J- ■'. . rrrr .-aiT*^- - -X- -^T^. r'•: -'• • -p- • S . ■ V--;.' ‘r; Department of Revenue notifie notifies cities of LGA amounts and allowable levy for cities under levy limits Cities certify proposed levy and budget to county auditor Cities select initial and continuation hearing dates Counties mail generic notices of proposed property taxes to ail property owners, parcel- specific notices sent in Hennepin, Ramsey, and St. Louis Counties Cities publish newspaper ads of their proposed levy All taxing jurisdictions hold public hearings Cities certify final levies Cities certify compliance with truth in taxation requirements to Department of Revenue i. .i i i - .;v . . ,. .... , .i ■ . League of Minnesota Citles ;6/90 ■ - .«*4 .V-p- V .'* . . -..if 4 i :;:r .-•'.yrr-"r~ •- ■.— ’.t-:-- , :: mAj.': - -»ci.r *■■■• ..isr- - • .- -ir-“ '-‘S i •'■ ■ ' ~ ■*■' " .Tr-.- - r-• ■• ^ ;» 6690.9 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: June 5, 1990 SUBJECT: Request for Funding - Art Center of Minnesota Attachment: A. Art Center of Minnesota Request Dated 5/23/90 &v cmciiMEnwG JUN 111990 CITY OF ORONO ISSUE - Presentation to Council of a request for funding for both 1990 and also 1991 for the Art Center of Minnesota. INTRODUCTION - As you may be aware the Art Center of Minnesota, which will be changing its name back to the Minnetonka Center for the Arts, has been reviewing their financial profile and are now soliciting substantial funds in order to continue their operation. As part of this campaign they are approaching both the City of Orono and the City of Wayzata for the amounts outlined. This item is presented for information at this time and will be placed on the June 26, 1990 agenda for discussion of the request for both 1990 and 1991. PROPOSED MOTION - Moved by _, seconded by _, that Council accept the information presented on the Art Center of Minnesota’s request for fundir.*;. Ayes _, Nays _. o ART CENTER -— of Minnesota 2240 North Shore Drive • Wayzaia. MN 55391 • (612) 477-7361 cnvoF cmoNO May 23, 1990 Mark Bernhardson City of Orono P. 0. Box 66 Crystal Bay, MN 55303 MAY 3 J. '1990 Dear Mark, The purpose of this letter is to request funding from the City of Orono for the Art Center of Minnesota (soon to be known as the Minnetonka Center for the Arts - we are in the process of changing our name back to what it was 10 years ago). History For over 37 years, the Art Center has provided arts instruction and innovative arts programming to residents of the Western suburban area. Persons of any age, aptitude, or level of experience are welcomed to the Lake Minnetonka campus for year 'round classes and exhibitions in the studio and performing arts. The Art Center has the following objectives: 1. To provide an opportunity for the instruction, knowledge, and appreciation of the arts. 2. To serve thfe. entire co'^munity, from child to senior citizen. 3. To recognize and encourage Minnesota talent through juried exhibitions. 4. To innovate approaches to cultural and artistic community involvement, including joint programming that unites urban and suburban groups. The Art Center offers three kinds of programming: traditional art instruction through classes; special programs targeted seniors, children and other audiences; and workshops or special events, such as juried exhibitions. Our facilities include a 22,000 square foot building with studios for sculpture, pottery, fiber, photography, drawing and painting. We also house Crystal Bay Catering who offers restaurant lunch services on a daily basis. A*.. #. . . . . ‘ ... . •••r ■ ’ *: -•.• The Executive Director manages a $425,000 budget approved by an experienced Board of Directors with membership drawn from both the arts and local communities. The Director is assisted by a staff of full-time and part-time employees and an instructional team led by six department heads. Volunteers provide a loyal and active base, assisting in the operation and promotion of the Center and its activities. The Art Center of Minnesota is proud to provide an orpor unity for area residents to explore the visual arts, music, dti'e, and language arts in a thriving, creative environment or. north shore of Lake Minnetonka. The Center is committed to continuing its four-decade tradition of innovation in community service through inter-generational and cross-cultural arts programming that extends art into the daily lives of its Lake area neighbors. Financial Infonnation Currently, 1800 families contribute mcjitoership fees and tuition that, along with special fundraising events, provide 60^ of the Art Center's operating budget needs. The remaining 40% is raised through the generosity of area corporations and foundations and most importantly the individuals that contribute to the annual Guaranty Fund drive. However, it is becoming more and more difficult to raise funds that balance our budget, particularly when we iic.ve unexpected expenses, such as s $92,350 sewer assessment (later reduced to $55,000). Man)' corporations and foundations have changed their emphasis and only support human service organizations or the MAJOR arts organizations in town. As a result of ,bur past financial difficulities, we are managing our operations with more efficiency now than ever before. We have reduced our annual operating budget by 20%, an effort that greatly limits oui abilities to grow and expand, but nevertheless will allow us to continue. Also, in 1989 we sold one of our bui’ vngs to help minimize our monthly deficit, which was signx..icant at that time. A Monthly budget for 1990/91 is attached as Exhibit 1. Funding Request Since we are a community resource providing services that enhance the quality of life, we believe that we should have some support from our local government. In fact, we are the .only localart center that is not supported ^by.it's local _^^.government (example: Edina and Bloomington Art ^Centers) ...4 -t-i. -■ .vf : 2. liL. .-..•.''-w.-- .Wc... - ... . -r -.- f .tcrjcr • —. . . '.-:v "• . Approximately $66,000 of our annual budget is associated with the physical operation of our facility, not including our mortgage. We are asking for assistance in maintaining this facility through support to our general operating funds. We are requesting $8,000 for the year 1990, and $16,000 for the year 1991. We are also requesting like amounts from the city of Wayzata. Attached, please find the following support information: 1. A 1990/91 budget 2. A current list of Board of Directors 3. A copy of our current by-laws We appreciate your serious consideration of this request, which has been respectfully submitted by: y Arin Larsen Executive Director '/Barbara McBurney President, Board of Directors 3. ■ • ♦ • r 7. 't'T^-^ c £ V- i.’ hi I II II 5 8 sis J *1“ w c 5 i i iT Jfr 7» 9> t M S % « ~ ^•• mmi :iio» “5T3 ‘-«••0**3*3^* B ■“rt mi d mm «f -I". s.....m mm •;..A i-.S *'i 8 *il •:*s S S 3 <v ,*e*sTSC S 3 5 d .ii y.. ~.. .. •• •• •• •« •*-.•• •• «* *ll' m<i M M s s S S s tf I 1 S »!5 s 8 ll S S 2f i n« s s ^ S s’ =5 i 1’ S 5 I? I s 5 I s S‘ 8 i i:^ ^ T 5 g ^!l :! S‘ i ..IS •|i Hi hi! S «s ■ 8 S =?r »3 s 8 «».1 •" =C c W •**’•*' S S s S s St • •» t* S s 7i 8 8 i- s ,.cJ =5^8 s s 1 i d S C i 8 ■;.; S •*8 •l'u 8 §i-"s B‘c s s s s 8 8 !».»• 3 3 s s 8 •5 5 B d 4k s s 8 .’.! ii R £a 8 s *• • s IS a 4k '.! . ■ 'V ??s 8 W. s I 1 1 8 i i . : i I i i ? 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So. £dlii4 SS-liO 926-4542 Hull -7ic€* Pr*sid»iit 459 Frriulale Voods tfskvzatsi 55391 473-4483 UeluLerS Cli4rlc5 Bod€>rist4b - Ti'casurer 2637 Areola Laiie ffaysat. 55391 471-7503, 646-2265 (W) Sherry Ana Dayton - S*cr*tai*y 2309 Frcitolx Creek Dr ffayzat^ 55391 476-2520 Hick Bliss 525 Skadyvood Bd. a’«ys4ta 55391 475-1499, 473-4606 (ff) Pat Case 2S30 &ale fui 9.'ayzata, 55391 473-4059 tlary Pa^ucco 1345 Frer»cli Creek ffayzat* 55391 476-4170 &ail Karris P.O. Bo;c 67 Crystal Bay 55323 476-2267 Heidi Hoy 500 Morth Ariu Dr. llouxid 55364 472-4956 Alex Jacobs 1700 Sbcreliiie Dr. ffayzata 55391 476-1392 tlarty i'cLr»eider 1235 Ruiiter Dr. ffaysata, 55391 475-4312 Hary SiuitH SIS IS. Ferzulale Bd Vayzata 55391 475-1388 John St<>rider 1720 Crosby Bd CTayzata 55391 475-3063, 339-1700 (ff) Tin azvd ShusL Stoker 465 Spnitg Hill Bd. Vayzata 55391 475-1734 P.hi'l Kobbe 264 E. Wayz.ata Blvd li^ayzata, MN 55391 476-0281 Susan Svaiison 2630 Areola Lane Vayzata 55391 471-8166 Tin Tree 15531 Holdrldge Dr. ffayzata, 55391 . . 475-2382, 540-1200 (ff) ~Trr-:^ '■ r* '•C u- . T •‘.rX: : *<• "• AMENDED AND RESTATED BYLAWS OF THE ART CENTER OF MINNESOTA ARTICLE I MEMBERSHIP Section 1. Any person Interested In the promotion, encouragement, practice and study, appreciation or enjoyment of arts is eligible for membership. Membership shall be unlimited In number. Section 2. The categories of membership shall be: a. Active Membership: shall Include Individual or family memberships including husband, wife and children under eighteen years of age. b. Student Membership: persons under eighteen years of age whose parents are not members. c. Contributor: persons who contribute more than a regular membership fee but less than a sustaining membership. d. Sustaining Member: persons who contribute 9100.00 or more. e. Business Professional: membership shall be open to any business organization Interested In the promotion of the work of the Center. Section 3. All members In good standing shall have the right to vote at any meeting of the membership. A family or corporate membership constitutes.one vote. Section 4. Membership shall be terminated by resignation or by failure to pay dues. ARTICLE II J2UES Dues shall be determined by the Board of Directors of the Center. ARTICLE III ' FISCAL YEAR .The fiscal year shall begin on July 1st and end on June 30th of each and every year. .i.; 5 •--- ARTICLE IV OFFICERS Section 1. Officers shall be a President, President-elect, Secretary, and Treasurer, and shall be selected from the voting members of the Center. Section 2. Officers shall be elected for a period of two years with the option to re-commlt and be voted on after one year. Section 3. All officers, ex-offIclo, shall be members of the Board of Directors and shall have voice and vote at all meetings. Section 4. The duties of the officers are as follows: a. The President shall be Chief Executive Officer and shall preside at Executive Committee meetings and Board of Directors meetings. The President shall be ex-officio member of all committees and shall perform all other duties pertaining to such office. aa. The Executive Director as a non-voting member of the Board of Directors is accountable and responsible to the President as authorized and delegated by the Board of Directors for the overall management of the Center, Including the conduct of its administrative affairs, financial affairs, program development, maintenance and staffing of facilities, community relations and funding. The Executive Director is an ex-officio member of all committees. Including the Executive Committee. The Executive Director Is authorized to approve individual expenditures not to exceed 3200.00. b. The President-elect shall assist the President in such matters as the President may request and shall perform the duties of the President In the absence of or In the case of the temporary disability of the President. c. The Secretary shall keep all minutes of the meetings of the membership. Board of Directors and Executive Committee. QJi!- d. The Treasurer shall be responsible for the care and custody of the funds and securities of the Center; shall be responsible for the maintenance of records of assets, liabilities and financial transactions of the Center; shall present a statement of the condition of the finances of the Center at all regular meetings of the'Board of Directors; and shall present a financial report to the members at their annual meeting; and shal 1'perform such other dutles-as President. ARTICLE V RCARD OF DIRECTORS --- Section 1. The Board of Directors shall consist of not fewer - ‘ than 15 nor more than 25 voting members. All Directors shall be members of the Center and shall perform such special duties as the President or Board shall designate. Section 2. Members of the Board of Directors shall be elected for a term of three years but are limited to serving two terms In succession. Newiy elected Board members shall take office upon election. Section 3. Meetings of the Board of Directors may be held at any time designated In the notice thereof. At least one day's notice, either by telephone, In person, or In writing shall be given of each meeting of the Board. Section 4. One-half or more of the members of the Board of Directors shall constitute a quorum at any meeting thereof. Section 5. The President or any three directors may call a meeting of the Board. Section 6. An act of the majority of the Board of Directors present at a meeting at which a quorum Is present Is the act of the Board. Section 7. The Board of Directors shall be vested with the general management, conduct and control of the business and o* the Center, and shall exercise all the powers and do all the things that maybe exercised and done by the Center under the Statutes of Minnesota, the Articles of Incorporation, and the Bylaws. ARTICLE VI p;r.7rTTnNS Awn appointments Section 1. All officers shall be elected by the Board of Directors. All director appointments shall be ratified by the membership at the annual meeting. Section 2. It shall be the duty of the Nominating Committee to nominate one person to fill the position of each • Additional nominations may be submitted In writing to the Nominating Committee at least two weeks prior to the annual meeting. Section 3.- A majority of those present sufficient for election. . .-. . . .. .. . .' •• ARTICLE VII EXECUTIVE COMMITTEE Section 1. The officers of the Center and two appointed representatives from the Board shall constitute the Executive Committee and have full power of management of the business of the Center during the interval between meetings of the Board of Directors. Section 2. One-half or more of the members of the Executive Committee shall constitute a quorum. Section 3. An act of the majority of the Executive Committee present at a meeting of which a quorum is present is the act of the committee. V ARTICLE VIII MEMBERSHIP MEETINGS Section 1. The annual meeting of the membership shall be held on the third Tuesday of August each year at a specific time and place designated oy the Board of Directors. Section 2. All other meetings of the membership shall be at the call of the Board of Directors or by six members of the Center in good standing entitled to vote at a meeting of the membership. Section 3. A majority of the membership present shall constitute a quorum of the membership. Section 4. Notice of all meetings of the membership shall be given by mailing the notice to each member at least seven days in advance of the meeting. ARTICLE IX COMMITTEES The Board of Directors shall create such standing corranittees as are necessary or desirable to carry on the programs of the Center. The chairman of the standing committees shall be appointed by the President. The President and/or the Executive Director, or their designate shall attend all committee meetings. ARTICLE XI VACANCIES ^ Vacancies on the Board of Directors shall be filled by appointment by the President. . ARTICLE XI Him Roberts Rules of Order, revised, shall govern In all matters not covered by the Articles of Incorporation or the By-Laws. ARTICLE XII AMENDMENTS These By-Laws may be amended at any regular or special meeting of the Board of Directors, provided notice of the meeting has stated the purpose thereof. ARTICLE XIII PERQUISITES Members may take classes, workshops, and other organized groups with or without instructors at reduced fees as established by the Board of Directors. ARTICLE XIV HnUSTNG AND PROPERTIES Section 1. The Board of Directors Is authorized to do any and all acts necessary to acquire housing for the activities of the Center Including leasing, building or buying such accommodations as they may deem suitable and in keeping with the financial standing of the Center, with full power to select the location and carry on all business necessary to effect the same. Including, but not without limitations, executing contracts, options, mortgages, leases with respect thereto; subject however to the following limitations: Section 2. In the event of purchase or construction of a building, there shall be on hand at least 75 percent of the total budget before any binding commitments are made. ARTICLE XV DIVISIONS There shall be no divisions within the Art Center of Minnesota ..... ..V • -i 1' I'-': ■ ' •• • ' • ,r>‘■*.*' - o j jcv :c* ' i w • Vi.' . . 7. T:: L ARTICLE XVI INDEMNIFTrATTflM Section 1. Definitions. a. For purposes of this Article, the terms defined In this Section have the meanings given them. b. ■Corporation" Includes a domestic or foreign corporation that was the predecessor of the corporation In a merger or other transaction In which the predecessor's existence ceased upon consummation of the transaction. c. 'Official capacity* means (1) with respect to a director, the position of director In the corporation, (2) with respect to a person other than a director, the elective or appointive office or position held by an officer, member of a committee of the Board, or the employment or agency relationship undertaken by an employee or agent of the corporation, and (3) with respect to a director, officer, employee or agent of the corporation who, while a director, officer, employee or agent of the corporation. Is or was serving at the request of the corporation or whose duties in that position Involve or Involved service as a director, officer, partner, trustee, or agent of another organization or employee benefit plan, the position of that person as a director, officer, partner, trustee, employee or agent, as the case may be, of the other organization or employee benefit plan. d. "Proceeding" means a threatened, pending or completed civil, criminal, administrative, arbitration or Investigative proceeding, .Including a proceeding by or in the right of the corporation. e. "Special legal counsel" means counsel who has not represented the corporation or a related corporation, or a director, officer, employee or agent whose indemnification is In issue. % Section 2. Indemnification Mandatory; Standard. a. Subject to the provisions of Section 4 of this Article, the corporation shall Indemnify a person made or threatened to be made a party to a proceeding by reason of thi former or present official capacity of the person against Judgments, penalties, fines. Including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements and reasonable expenses. Including attorneys' fees and disbursements. Incurred by the person In connection with the proceeding. If, with respect to the acts or omissions of the person complained of In the proceeding, the person: - V- # _ (1) has not been Indemnified by another organization ‘ or employee benefit plan for the same Judgments, penalties, fines. Including, without 1 imitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, Including attorneys' fees and disbursements, Incurred by the person In connection with the proceeding with respect to the same acts or omissions; ^ (2) acted In good faith; (3) received no improper personal benefit; (4) In the case of a criminal proceeding, had no reasonable cause to believe the conduct was unlawful; and (5) in the case of acts or omissions occurring In the official capacity described In Section 1, paragraph (c), clause <1) or (2) of this Article, reasonably believed that the conduct was in the best Interests of the corporation, or in the case of acts of omissions occurring in the official capacity described In Section 1, paragraph (c), clause (3), reasonably believed that the conduct was not opposed to the best Interests of the corporation. If ! the person's acts or omissions complained of in the I ■; proceeding relate to conduct as a director, officer, 1 trustee, employee or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the corporation if the person reasonably believed that the conduct was In the best Interests of the participants or beneficiaries of the employee benefit plan. • . b. The termination of a proceeding by Judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent does not, of Itself, establish that the person did not meet the criteria set forth in this Section 2. Section 3. Advances. Subject to the provisions of Section 4 of this Article, If a person is made or threatened to be made a party to a proceeding, the person is entitled, upon written request to the corporation, to payment or reimbursement by the corporation of reasonable expenses. Including attorneys' fees and disbursements,Incurred by the person in advance of the final disposition of the proceeding, (a) upon receipt oy the corporation of a written affirmation by the person of a good faith belief that'the criteria for Indemnification'set forth in Section 2 of this Article have been ■ satisfied and-a written undert-^klng by the person to'repay "al I'^amounts so paid or reimbursed by the corporation. If It is ultimately determined that the criteria =£or indemnification have not been satlsfied,:.and (b) after a determination that the.facts then known-t"* those making the determination would not preclude IndemnlfIcatlo. under this Article. rr. 8 The written undertaking required by clause (a) Is an unlimited general obligation of the person makln^ ’t. but need not be secured and shall be accepted without reference to -aclal ability to make the repayment. Section 4. Reimbursement to Witnesses. The corporation shall reimburse expenses* including attorneys^ fees and disbursements, Incurred by a person In connection with an appearance as a witness in a procei»ding at a time when the person has not been made or threatened to be maae a party to a proceeding. Section 5. Determination of Eligibility. a. All determinations whether Indemnification of a person Is required because the criteria set forth In Section 2 of this Article have been satisfied and whether a person Is entitled to payment or reimbursement of expenses In advance of the final disposition of a proceeding as provided in Section 3 of this Article shal1 be made: <1) by the Board by a majority of a quorum. Directors who are at the time parties to the proceeding shall not be counted for determining either a majority or the presence of a quorum; <2) If a quorum order clause <1) cannot be obtained, by a majority of a committee of the Board, consisting solely of two or more directors not at the time parties to the proceeding, duly designated to act In the matter by a majority of the full Board Including directors who are parties; r '• r (3) If a determination is not made under clause (1) or (2), by special legal counsel, selected either by a majority of the Board or a committee by vote pursuant to clause (1) or (2) or, if the requisite quorum of the full Board cannot be obtained and the committee cannot be established, by a majority of the full Board including directors who are parties; <4) if a determination is not made under clauses (1) to <3), by the members, excluding the votes of members who are held by parties to the proceeding; or (5) If an adverse determination Is made under clauses (1) to (4) or under paragraph <b), or If no determination Is made under clauses (1) to <4) or under paragraph (b) . within.60.days after the termination of a proceeding or .^cafterra request for an. advance.of expenses, as the .case cj: may be, by .a court In Minnesota, which may be the same . • court*4n which the proceeding Involvlng-the person's• i'c , liability took place,.upon application of. the person .and.:-c .any notice the court requires. . c r ^ i. b. With respect to a person who Is not, and was not at the time of the acts or omissions complained of In the proceedings, a director, officer or person possessing, directly or Indirectly, the power to direct or cause the direction of the management or policies of the corporation, the determination whether Indemnification of this piyrson Is required because the criteria set forth In Sect.on 2 of this Article have been satisfied and whether this pc'son Is entitled to payment or reimbursement of expenses In adv. jce of the final disposition of a proceeding as provided In Se. Article, may be made by an annually appointc Board, having at least one member who Is a c- committee shall report at least annually to., concerning Its actions. •on 3 of this • mmittee of the tor. The Board Section 6. Insurance. The corporation may purchase and maintain Insurance on behalf of a person who is or was a director, officer, employee or agent of the corporation, or who, while a director, officer, employee or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee or agent of another organization or employee benefits plan, against any liability asserted against the incurred by the person in or arising from that capacity, whether or not the corporation would have been required to Indemnify the person against liability under the provisions of this Article. Section 7. Disclosure. If the corporation indemnified or advances expenses to a person In accordance with this Article In connection with a proceeding by or on behalf of the corporation, the corporation shall report the amount of the Indemnification or advance and to whom and on whose behalf It was paid to the members in an annual report covering the period when the indemnification or advance was paid or accrued under the accounting methods of the corporation. Section 8. Discretionary Indemnification. Nothing in this Article shall be construed to limit the ability of the Board of Directors, to the extent permitted by applicable law, to Indemnify any person or entity not described In this Article pursuant to, and to the extent described In this Article pursuant to, and to the extend described In, an agreement authorized In accordance with the provisions of Section 5(a) above, or as otherwise determined by the Board of Directors In Its discretion. Furthermore, the Board of Directors may authorize written agreements between the corporation and persons, whether or not described In this Article, to grant contractual Indemnification rights to such persons as permitted by law. Dated:198_ Secretary 9/16/86 Revised 8/14/89 I 6690.8 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administiato June 5, 1990 COUNCIL MEETING JUN 111990 CITY OF ORONO SUBJECT: Equipment Purchase - Golf Course - Mower Attachment: A. Quotation - Scharber and Sons B. Quotation - :#ong Lake Ford Tractor C. C-Motation - Polfus Implement ISSUE - Award of purchase based on written quotations for the acquisition of a 60 inch mower for the Golf Course. INTRODUCTION - For all purchases under $15,000 the Council can award purchase based on written quotations. Based on those quotations it is staff's recommendation this item which is budgeted in the .990 budget for $8,400 be acquired for $8,130 through Scharber and Sons. This amount is und*.*r the $15,000 established for appearance on the consent agenda. PROPOSED MOTION - Moved by purchase of a 60 inch seconded by _ greens r..ower for the , Council award golf course to Scharber and Sons for a total purchase price of $8,130. Ayes _, Nays _. * :• L JOBN DBERE CONSUMER PRODUCTSLAWN AND GARDEN ~ LAWN AND GARDEN TRACTORS r.O.B. Hoclco<%. Wlaconaia 3 Cylinder Liqu.d Cooled Diesel Engine ■* 20 H.P. Cold Start Aid Hydrostatic Power Steering Hydrostatic Drive 2 Range Transaxie Foot Operated DifCerentiai Lock Front Tires. 18-*l.50-8 In. 4 PR R<>ar Tires, 26-12.00-12 In. 2 PR rurf or Bar *430 LAWN AND GARDEM TRACTOR Hquipaent Cor Base Machine Fuel Capacity, 6.5 U.S. Gallons Triple Function Hydraulic Lift Two Sets Front Hydrauilc Outlets Seat/PTO Interlock Switch 12V Electrical System Muurmeter Dry Typ*» Air Cleaner Front Llghce Tail Lights Dual Brakes Adjustable Suspension Seat Indicator Lights Cor Front and Rear PTOs, Battery Voltage, Oil Pressure. Coolant Temperature. Low Fuel, and Water in Fuel and Clow Plugs Approximate Weight - 1116 Lbs. LIST 1057S John Deere 430 Diesel tractor with 60" Mower Two v/heel V/eights Three point hitch price ^7795.00 price 185.00 price 1250.00 Scharber (9 Sons Rogers Minn Long Lake Minn ph 428 4107 Butch Valek Commercial Sales JOHN DEERE CONSUMER PRODUCTSLAWN AND GARDEN - LAWN AND GARDEN TRACTORS P.O.B. Horlcon. Wisconsin c 3 Cylinder Liquid Cooled Diesel Engine - 20 H.P. Cold Start Aid Hydtost»*’lc Power Steering Hydrostatic urlwe 2 Range Transasle Foot Operated DiCCerentlal Front Tires, 18-S.50-9 In. 4 PR Rear Tires, 26-12.00-12 In. 2 PH Turf or Bar *430 LAWN AND CARDEN TRACTOR ltqulp«ent for Base Hachlne Fuel Capacity, 6.5 U.S. Gallons Triple Function Hydraulic Lift Two Sets Front Hydraulic Outlets Seat/PTO Interlock Switch 12V Electrical System Hourmeter Dry Type Air Cleaner Front Lights Tall Lights Dual Brakes Adjustable Suspension Seat Indicator Lights for Front and Rear PTOs, Battery Voltage, Oil Pressure, Coolant Temperature, Low Fuel, and Water In Fuel and Glow Plugs Approximate Weight - 1116 Lbs. LIST 10579 John Deere 430 Diesel tractor with 60" Mower Two vmeel Weights Three point hitch price ^7795.00 price 185.00 price 1250.00 Scharber ^ Sons Rogers Minn Long Lake Minn ph 428 4107 Butch Valek Commercial Sales J Bi Long Lake Ford Trado t Inc. 2073 W?st Highu<ay 12. Long Lake. Minnesota 5.53.56 Tblephone (612) 47.5-228L MN WATTS 1 ■800:548 FORD FAX 475 0.386 May 29. 1990 Orono Golf Course Orono Orchard Rd Lons Lake NN 55356 Attn: Ron I an pleased to make jn offer on the following equipment: 1 ea. Ransones 40100 23 HP diesel tractor with 3 cylinder Mitsubishi engine, traction brakes, hydraulic deck counterbalance. 23” dlaneter wheels. 61" cutter deck. 3 blades, front ncunt-off set. side discharge deck and deluxe set cash price $ 10,715.00 Offer Is good for 20 days, then please reconfirm. Includes freight, set up at $ 100.00 Thank you for your consideration of the above offer. Please feel free to contact me If you have any questions. Sincerely, C(L^ Steve Busch Territory Manager SB/ar ' ,V. * New & Used " CONSTRUCTION & INDUSTRIAL EQUIPMENT Parts & service - AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER %T/ POLFUS IMPLEMENT, INC.RT.rj BOX 63 NEW RICHMOND. Wl 54017 HASTINGS. MN STiUWATEH (PARK NURSERY) 71fr246«S65 612-43M776 LEADERSHIP ATWORK' April 30, 1990 Orono Golf Course Box 66 Crystal Bay, MN 55323 Ron, Enclosed is a quote for the specially priced 755. John Deere 755 2WD 20 H.P. Diesel Engine 2 Pedal Hydrostatic Transmission Power Steering 3 Point Hitch Mid/Rear PTO R.O.P.S. 60 Inch Mid Mount Deck Total Delivered Price $8,900.00 Any questions, please give me a call. I look forward to hearing from you. Thanks, Kelly Johnson Polfus Implement, Inc, POLFUS IMPLEMENT. INC.HT. 93 BOX 63NEW RICHMONO. Wl S4017HASTINQS, MN STILLWATER (PARK NURSERY) 71M466565 61243»6776 iS cfT'cr .-J 1 LEADEKSUP ATWOltK' 8 1990 Orono Golf Course Box 66 Crystal pay, Mn. 55323 Ron, Enclosed is a quote for the John Deere ^30. JOHN DEERE 430 TRACTOR 20 H.P. Diesel Engine Hydrostatic Transmission Power Steering 3 Poi^pt Hitch 60 Inch Mid Mount Deck Rear Wheel Weights Total Delivered Price $8,265.00 Ron, if you have any questions, please give me a call, by to look at your Ford trade. Thanks.I will stop nson Implement ..rflb 53190.9 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATB: May 31, 1990 SUBJECT: Attachment and Annexation Update COONC/l MEETIHG JUN 1 1 1990 CITY OF ORONO Attachment: A. City of Orono Letter Dated 5/29/90 ISSUE - Attachment A represents a letter from the City to Long Lake indicating interest in the discussion for possible settlement of the issue. To date the City of Orono has received no reply. DISCUSSION - The Municipal Board met at the Orono Council Chambers at 10:30 on May 31st to convene any proceedings, but there were no presentation made by either of the two municipalities. RECOMMENDATION - It is recommended that the Council accept the information as presented. PROPOSED MOTION - Moved by seconded by Council accept information presentation regarding the update on the process Ayes , Nays I w arc OF ORONOr CITY Post OfFice Box 66 • Crystal Bay. Mu On the North Shore of Lake Minnetonka May 29, 1990 Art Kunze, Mayor City of Long Lake P.O. Box 606 Long Lake, MN 55356 Dear Mayor Kunze, In reference to the Municipal Board's letter of April 37, 1990, the City of Orono is available to initiate discussion with the City of Long Lake at a mutually agreeable time and location. incerely mes R. GraH^ JRG/dh cc: Terrence Merrett, Executive Director, Municipal Board Thomas Barrett, Pophara Haik Arlo Vande Vegte BULOING A ZONING - 473-7357 ASSESSING ADMINISTRATION A RNANCE - 473-735S FAX-4734)510 PUBLIC WORKS - 473-7359 Mark Bernhardson, City Administrator c/ Jeanne A. Mabusth, Building & Zoning Administrator COUNCIL MEETING TO: FROM: DATS: June 1, 1990 SUBJECT: Employment of Temporary On-Site Septic Inspector JUN 11 ^990 CITY OF ORONOAttachments A - Resume B - Application for EmploiTnent The Department has been in the process of reviewing' candidates for an On-Site Septic Intern for the past month. In reviewing the educational background, work experience level and personal presentation, I strongly recommend Stephen J. Weckman for the position, to commence employment Thursday, June 14, 1990. Mr. Weckman will be paid an hourly rate of $8.00 an hour. The Department ’s 1990 budget provided $5,000.00 for this position. Because of increased demands in other areas, the septic program together with other areas of building and zoning have not been given the attention they should. A request with appropriate documentation will be presented during the budget process to add a staff position on a full time basis replacing this temporary summer position. This will include consideration of funding for the balance of 1990 if expansion in 1991 is deemed appropriate. Proposed Motion: Moved by seconded by to recommend the hiring of Stephen J. Weckman as an intern for the on-site septic inspection program at an hourly rate of $8.00 to commence employment on Thursday, June 14, 1990 through the end of September, 1990. Ayes ___, nays ___. cc; Tom Kuehn, Finance Director »»”1 ,STEPHEN J. WECKMAN 1154 Limestone Drive Shakopee, MN 55379 (612)445-3432 EDUCATION UNIVERSITY OF MINNESOTA Baclrslor of Science Degree Major: Soil and Water Resource Management Concentration: Water Quality Coursework: Hydrology & Water Quality, Limnology, Groundwater Geology, Forest Hydrology, and Environments Toxicology WORK EXPERIENCE DISTRICT MANAGER; Mille Lacs County Soil and Water Conservation District (Jan. 1990 - June 1990). Responsibilities included organizing a water quality task force, working with farmers to implement conservation practices, educating the public about environmental issues affecting the region, and managing office operations. RESEARCH APPRENTICE: U.S. Department of Agriculture, Agricultural Research Service, University of Minnesota Branch (June 1989 - Dec. 1989). Responsibilities included permeability testing, bulk density analysis, dye tracing, and data input, manipulation, and interpretation. The research is to be used in a paper on the effects of roots on pore and cracks and their influences on the hydraulic properties of soils under normal and compacted conditions. LABORATORY TECHNICIAN: University of Minnesota Soil Testing Laboratory (Sept. 1987 • June 1989). Responsibilities include soil sample preparation, plant sample preparation, determination of soil phosphorus levels through both Bray and Olsen tests, and soil pH measurement. Results are used ti> make fertilizer recommendations for farm and lawn/garden soils. INTERESTS & HOBBIES Interests include tennis, downhill skiing, bicycling, music and reading. References available upon request. i \. Please return to:fcITY OF OROfiO BOX 66 CRYSTAl BAY, MINM. 55323 Date Received CITY OF ORONO APPLICATION FOR EMPLOYMENT Dear Applicant, We welcome you as an applicant for employment. Your application will be considered with others. It is our policy to provide equality of opportunity in employment. This policy prohibits discrimination on the basis of rac^oolor, religion, national origin, political affiliation, disability, marital status, sex or age (between 40 and 65) in all aspects of our personnel policies, programs, practices and operations. This policy apply to full, part-time, temporary, andij^asonal employment. The information contained in this application will be considered personal and confidential and used only in conjunction with your possible employment Please furnish us with complete Information. You are encouraged to attach any additional information which you believe qualifies you for the position. Please use INK OR TYPEWRITER. 1. Title or Kind of work applied for:Permanent Part-time Date Available: Temporary------Seasonal 2. PERSONAL INFORMATION 3. Name Last _________ First Middle Social Security No. 4. Present Addr.-iS City County . State Zip Code Cff}t^Sfc¥)e Dt /)JA/_____ 5. Home Phone No.Work Phone No. 6. Do you have any Physical or Health limitations which srfect your work perfor ’ Ves If you have answered yes, please use an additional sheet to c> ' : 7. . - If you are not a citizen of the United States, do you have Bureau of Immigration approval to work lnthcU.S.? Yes -- - No -------- EDUCATIONAL INFORMATION (To be completed only If education is a job requirement) 8. -Circle the highest Grade School High^hool College^ Post Graduate -- grade completed 1 2 3 4 5 6 7 8 9 10 1l([?orGED 131415(g MA Phd Lib “ / -2- Degree r Types of Sc! ool Name and Address of School From To Certificate Major High School College or University / t i ^ /iwt^rjcrlt Qtnfr\.A College or University nJ-mi M ^S.Sbij /Jhjth Graduate School u V Technical Technical List any correspondence courses, special ccurses, seminars, workshops, training, and skills acquired that might relate to this position. Please review the job description before answering this question. , . (>r ^y joo/tis/rnj Sef4iC. ^ List any current licenses, registrations, or certificates that you possess. Include drivers license number, class and State of Issue. ^ _ C'3 <?s-5--3;^;-777- TO BE COMPLETED BY APPLICANTS FOR CLERICAL, ADMINISTRATIVE & FISCAL POSITIONS ONLY Typing Ability: ( ) yes WPM Shorthand Ability: ( ) yes ( ) no -----._WPM Bu. ness Machir**s and Exp-iu*nces: Bookkeeping Experience:, TO BE COMPLETED BY APPLICANTS FOR LABOR & SKILLED TRAD. SITIONS ONLY Apprenticeship(s) srn/ed or trades learned: Capable of operating the following equipment: f *.• 3- EMPLOYMENT HISTORY - Please list past emoloyers beginning with your most recent employment: if necessary, list other employers on additional sheet ______ Employer’s I ney , Mailing Address . Zip Code Phone No. _ . . .... .PN _r______I .Position Held -----il'' Immediate Supe» e£_ /Duties Performed* I ^y<Jc £y Employment Dates: Last Salai^^S^!!/: ^ ^ From //^ To ________________-leason for Leaving: J^A May we contact your present employer? (V| yes ( ) no If no, please explain: Employer’s Namet , ^ I ^ / Mailing Address, ^ Zip Code Phone No. /yt ^ ^ ■ mikCjQ-rrL krU. Posaion Held Pe93f/t/\. 'mmediate Supervisor: ^ Employment Dates: From To ' ^ t/.patj ______firr>LstS.dye. Lass Salar^7.*5i^i(^'^“'' ^ ^ Rejon for Leaving: ficeA'tdmcdf^l^ C^j^' Employer’s Name , — i i , Mailing Address iiptode enone ino. ,//Amj :a>rn^dy^LL 62<^^ao^ tlonHeld / . , Duties Performed* y\ i \ / Immediate Supervisor: Pltg,«nr\ -kfd Emoloyment Dates: Last it _ Mailing Address Zip Code Phone No. Position Held / From, SalaryTime ( ) l^artTime C?4 R‘-a«>ri for Leaving: yeceteKpy nT >w ....V -4- UNSALARIED EXPERIENCE Volunteer Organization Mailing Address Phone No. • Position Held;Duties Performed: irnmediate Supervisor: Dates of Participation:Hours Per Week Skills Learned: List additional information on sen^'-ate sheet if necessary. CONVICTION INFORMATION We declare that the existence of a criminal conviction record will not automatically disqualify you from employment with us, though certain types of criminal conviction may prohibit you from working in certain positions. I hereby certify that all answers to the above questions are true and I agree and understand any false statements contained In this application may cause rejection of this application or termination of em­ ployment. I authorize that a transcript may be requested where necessary to verify any educational re­ cord. VIA' Volunteer Organization Mailing Address Phone No. Position Held:Duties Performed: Immediate Supervisor: Dates of Participation:Hours Per Week Skills Learned: Have you ever been convicted as an adult for a criminal violation? Yes ( )oZIf yes, date and place Nature of Offense Disposition If yes, date and place Nature of Offense Disposition . Signature • < Date, r -^ i j . i... -----------------■-•i---------------------1—:—- .:v *1* i.. 0,04 EIGHTS OF SOWECTS OF DATA A • _ f»1{ I rights or ----- - -.*• The rights of individuals on whom sK^-etJth in tL section. .. ________t the data is . - be as set I Subd.2 information required to «^pl/Swat-e or dentM ^ta c^ the ilMiSSisiKrlsT^ =°'’‘%.e resoonsible authority shall ~™?J^X"of t'^^a <2*; of .the requ«t rnade pu.-suant to this wb^.^n, °h^“|;Sida>.s, if immediate ~jban« « not excluding Saturda>'s, ^ ^ gs^ vvitahin that ^mply with thepossible. If he “nn“t comp^ with ^ne^ „hich to comply fe^u'^efreW“urg«^^ . . ____A or fj *. 'h' i . . . . CITY OF ORONO CITYof ORONO Post Otfioe Box 66•Crystal Bay. Minnesota 55323• Municipal Officsa On the North Shore of Lake Minnetonka DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "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 information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. Firsts Middle Dh Last Address /n/i) City •state Zip Phone . I understand my rights as stated above. ^ j . • :• BUILDING a ZONING - 473-7357 ASSESSING ADMESISTRAnON A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 (; 6690.7 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate! DATE: June 5, 1990 SUBJECT: Administrator's Information COUNCIL MEETING JUN111990 CITY OF ORONO 1355 ARBOF STREET^- A follow up letter has been sent to Mr. Peterson regarding the status of application #1445. Given that the fence has been removed, it is expected that this will be placed on your agenda for July 23, 1990. 1972 SHADYWOOD ROAD - Because of an issue regarding serving of papers the original scheduled June 6th date the Judge has rescheduled it to July 2nd unless an earlier date can be scheduled. SPRING CLEAN UP RESULTS - Spring clean up as noted in memo was more successful than had been budgeted and given the fact the City has a fall and Christmas clean up probably will need to have an infusion of funding to assist in this area. A possible area for funding could include monies gained from the recycling fees as it relates to solid waste disposal and recycling. FOREST LAKE DRIVE - Concern had been expressed regarding the possible sale of what would be an illegal duplex by an individual. The City has, as noted in the attached letter, been in contact with the real estate agent and the owner regarding the fact that this is not an allowed use and that it should not be advertised as stich. Staff has been reviewing to determine if violations, in fact, do exist. The owner has now moved. ENVIRONMENTAL ENGINEER - The environmental "practise" at Bonestroo is composed of two sections. One section deals with water supplies and waste water treatment. Persons from this section have been assisting the City on Municipal Well #3 on Highway 12. The other group deals more with pollution and hazardous materials. This group has just recently become a part of the Bonestroo firm. TRANSIENT MERCHANT - At the Council's last meeting discussion was held regarding the status of a transient merchant who had not applied for the necessary transient merchant/solicitor's license because of the need to be located on a commercial property. Council directed the individual to submit an application. The individual had not submitted an application until Thursday, June 7, 1990. If appropriate this will probably be presented to Council on Monday night. WEST HENNEPIN HUMAN SERVICES PLANNING BOARD - To date the City has received one applicatlonT As the individual will not be able to attend a Council meeting until next time, it is recommended the interview be held then. MiTNiriPAL WELL #3 - The date stated at the past meetings as to the bid closing'date of July 3rd was incorrect and is correctly 6/29. receipts and disbursements - APRIL - See attachement. WIRE TRANSFERS - See attachment. CITY OF ORONO GITYof ORONO Post Office Box 66•Crystal Bay. MinnesoU 55323• Municipal Offices On the North Shore of Lake Minnetonka June 5, 1990 Mr. & Mrs. Gregory Peterson 1355 Arbor Street WayzatSf MN 55391 Re: Reconsideration of Application #1445 Dear Mr. & Mrs. Peterson: The City is in receipt of your letter received this office May 25, 1990 requesting an extension of the June 30th deadline for the submittal of the revised fencing plans. appear to be no problem on the part of the City as the fencing located within the right-of-way has been removed June 30, 1990 deadline. Your fencing plans have and will be placed on the Council agenda for the July 23, 1990 meeting. Based on the schedule set forth in your above referenced letter, it appears you will be back in States in early July. If the July 23rd ® t conflict with your summer schedule, please advise my office at your earliest convenience. As to the issue whether the Council has formally acted on the portions of the new fencing already installed and south side yards of your property, I have enclosed a copy of the Council minutes of December 11, 1989. It would be staff interpretation of the Council's recommendation ?! those minutes that all other proposed fencing ® privacy fence allowed to be reinstalled parallel to Briar Street has not been included with this approval. Council asked to the applicants to submit a "plan to the City for the remainder of the fencing on the property". As your letter ^'^Sg^estSr th^^ y be a moot point when the Council acts on your fencing proposal. Once again, please contact my office if the July meeting date^create^s a conflict with your any questions pertaining to the origina rouncil's Council. The information that you have submitted for Council s review appears to be very adequate. Sincerely v^OTne A. Mabusth, Btfilding & Zoning Administrator JAM/tln . ^ ^ ^cc: Mark E. Bemhardson, City Administrator Mayor Grabek & Orono Council Members BUILDING* ZONING-473-TJ57 • ADMINISTOATION * RNANCE -473-7358 • PUBUC WORKS -473-7359 ASSESSING FAX-4734K10 51890.ITO Toi Mark E. Bernhardson, City Administrator Fron: John R. Gerhardson, Public Works Director Date: May 18, 1990 Subject: Spring Clean-up - Progress Report The Spring Clean-up was a success again this year as it has been in the past. The following is a tabulation of cubic yards, tonnages and costs for both days, May 5th and 12th. May 5, 1990: 30 cy containers trash § 501 40 cy containers trash 0 610 30 -y container leaves § 150 50 cy container leaves @ 125 May 12, 1990: 11 - 30 cy containers trash 0 501 4 - 40 cy containers trash § 610 = 1 - 50 cy container leaves § 125 * May 5th & 12th: 118 appliances 0 6.00 i:omotive batteries 3.006.00 2.440.00 150.00 125.00 5,511.00 610.00 150.00 708.00 n/c I CITY OF ORONO CITY of ORONO Post Office Box 66* Crystal Bay, Minnesota 55323* Municipal Offices On the North Shore of Lake Minnetonka May 2, 1990 Dan Wehler DC Wehler & Associates 7841 Wayzata Boulevard St. Louis Park, MN 55426 Re: 4265 Forest Lake Drive Dear Mr. Wehler; The City is in receipt of a real estate listing that advertises the above referenced property as having a lower level rental unit. Please be advised that this use has never been approved by the City of Orono. The property is currently in violation of Section 10.24, Subdivision 2 of the Municipal Zoning Code (see enclosure). A duplex use has never been permitted for th-’c property nor would this property qualify for a duplex credit under the current code. It should also be noted for the record that a conditional use permit for a non-rental/mother-in-law apartment has never been issued to this property. You are advised to contact the Building Department so that they may perform the necessary inspection to determine ^ the required renovations that would bring the residence into conformance with the standards for a single family residence. Please contact my office if you have any questions concerning the zoning violations noted above. Sincerely, »7eanne A. Mabusth, Building & Zoning Administrator — Permitted uses for the zoning district - Conditional uses, duplex & non-rental O JAM/tln Enclosures - 1. S10.24, Subd 2 2. S10.24, Subd 3 apartment uses • cc; Mark E. Bernhardson, City Administrator \ Lyle Oman, Senior Building Inspector Tom Barrett, City Attorney Brian Hirt, 4265 Forest Lake Dr, Mound, MN Building * ZONING-473-7357 • administration ahnance -473.735s ASSESSING FAX-4734)510 55364 PUBUC WORKS - 473-7359 License No. •ir: . -* = **rr‘. .v..i:rr..*.'^.—;.i APPLICATION FOR S0LICITATI^R.-^;^S2_q . - .'.^c Date Received • •'■. •— -' .■•* •«. '-■•. lb %>*<•- Date Expires - ■— CITY- OF ORON;* _ ' CTTf-Gf 1335 BROWN ROAD- SOUTH - OFFICE .............BOX 66-------------------- - niiSbiT _ Organization :; Address: ____ ---------------CRYSTAL _BAY; MN 55323 *' "'1 ■ Phone 4^'_____^ -OQ QQ Representative: ' ^//OK) L, _________ Phone 3H~L fiKry ^ ^ r*^Kb i~n /Kn ... .... ._.Address: Check One: Business Solicitation Contribution Solicitation N imber of People Solicitating within the City I Provide list of Names of Solicitors on back of this application. Type of Product to be solicited -Klm.O (’ n S BUSINLfD”xl'lNw “HIcfTO^INVES??GA^EAND^KEA^RK^ 2-lUNICIPAL CODE SECTION 5.30 SUBD 5(a). ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt ^ain entrarce^^^^ residential premises displaying at such entrance a sign with the words Peddlers and Solicitors Prohibited" or "Solicitors Prohibited . D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, leasee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provide . F. It is unlawful for any person to engage in business solicitation without a license as herein provided. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ihrunderHinerherebragreerto'^ =?"^^'^^?"®»S“rTtv'‘staff^may have^^^^^ Municipal Code and any additional requirements the City ^ . X^^ture-o_f Applicant: FOR CITY USE ONLY: After review of application, staff recommep^s the foilwing. Approval of application______ Denial of application^y.^^^_^^^^,p^_ Signature of City Official; T>rt*~o ■k--' June 4, 1990 Dear Al, The purpose of this letter is to verify, in writing, the approval to rent one parking space on our property located at 3455 Shoreline Drive, Navarre MN. We understand that you will be selling flowers at that location. The agreed upon rental rate is $30.00 for 30 days. The rental agreenent is contingent upon the existing leasees at our property not objecting to me regarding this arrangement. As we discussed, if I receive any complaints from our current tenants I will have to terminate our agreement immediately. Please make the $50.00 monthly check payable to: Overson Properties 17211 14th Ave. N. Plymouth, MN 55447 I hope this arrangement works out well for both of us Al. sincerely. John B. Overson Property Manager 17211 14th Ave. No. Plymouth MN 55447 _ _ _ _ _ - - -L-autyjry-K-»t,-;<r -- -' 7 \ ^ 1 \ \ V 1 r T .• r- 'ROBERT H. HARDING Certified Public Accountant 2391 Blaine Avenue • P.O. Box 83 Navarre, Minnesota 55392 612-471-0153 AM. — * ^ /iLy p^Lij• U-f ^C06-0-Z. ^ , I V- /'.V O' t-T • £f'-''^U3r Viy 1 / 1. sC.'=> tt DlCU^c •• • • ' • * member AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS . ^ * .V • • I arrofIL OMNO Gary Printup 1261 Briar Street ^ P.O. BOX lOA rJUN Crystal Bay, MN SS323 6 1990 k ’<yU^ anoy>^L -^e CerM^f^'< 7 ^ o c-/y/^yc<^'> Ceni^r .(/OOCyi. -V -« / 6Y.e^ ^ /• o Ss 4 M !ft §1 K »• Sg I Sl5 ».&o g i&s (4 U r4 g|s PM aS*S3< MCSOOCn^^OOOflOOp^M^ so in oo#pootato<nmr^insor« v Of^ MinOOM^MMSOnO^p^O^iH 9^ ov »H moDF^o^rovsou)inMini-4 m ^ m o ^ (no^»0)rHso«H^rn«H m ^ iH MM sOmnf^pHr-4in«HtO'^ r> ^ ^ m 0^ m m m ^ Oif^MOD OO^f^ M SO m M o m o M so os 0> CD M ^ M O O I C ( I I I O 00 O O SO r-4 ^ t oooooooof-tvOvOOvO'-'lA)-)r^o«(nva)MO>H vinomoooiNm «0tH'a>o<noDO«o rH f-4 r4 r4 rt tnoo(nio«OMO>4rw>inr>too>0'<*i o -I <rriinr'i0oor>o« <m«od m o N«e«or*OkNO^r> vo^rt o «or‘f-ir»09>r*«n eooot't od 00 «o'T inmotro ■» in fM « CD «H fH »-« «M Sg'SS' ' 'SSggSgSS o<n in o ini0or>n«oioflo 4r o noCN (N 00 r* 0» CN ffir-voioiao'in r-»i«-»ffifoi«r»*-» iH 1-4 <H ngOjHpopcNinmgnipo^M o • « «« « CO 00 ■ <r fHOi^^'romfficMO oo ri P4 ^ iH ^ rH iH n i-l fH ■» M W d ^oi0ddtoim<-40ir*'00tr>>o*<'i** o*<<r ID r-5(iHOinn<Ndooffi<Ni-tn oi r- T vonmc'moo'»H<7'»-icDO»-t «n 2? gg'^'asifi aiSggS'"' 3 oDi-4 C4 «H ioioin4Vi-«f-««<-4in ot r* ft ^ g ■ OI >4 c a 10 •-<0 r* •"a^ ^ cioodin ovaQaaae Ij s3 2 &8' » , UlllibSSShssi^ O I in I O I ? 1 d I a 5iO' I o I g 4^** r* in ! 2 g o d tL ^ fto m • k« fe ii. ft tt m ^ S-s *J >v O o a • a • h .ti g *i m 5-g p»t Osu • § *t o o u c u M r-l h "S 5• °• • • * 4i 8 a M o ?3 “ A < «4 • O a t4 a 5 ® . ^ 3 Sh • 8.: O h « Vi l4 tS >H O • S'^Om u f' m o> 3;*, a u a H ki 40 0 9 3 X 0. 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Minnesota 55323 SEPTIC SYSTEM ‘ ' “ LICENSE APPLICATI :iTY JSE "‘NLY BUILDING 4 ZONING - 473*7357 ASSESSLNG All Questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. Business or trade name r'^ r ^ f ^0— Business address ^4- , In - 73 1. 2. 3. 4. 5. 6. 7. 8. §. -t Business phone ^‘I“1Residence phone -- - - - - - Name of applicant or company representative holding MPCA certification _ _- - - - - - - - - - - - - - - - - - - - - - - - - -- InstallerType of certification held: _ _ Site evaluator _ _ _System designer Is this a Provisional Certificate? _ _ _ 10. Pumper Certificate No./v^V/ iz-3i If no Certificate is held, provide evidence.of attendance at one of the On-Site Sewage Treatment Workshops held immediately prior to the current construction season. Have you ever held a Septic System Installer license in Orono before? Most recent year ^2_ _ Have you ever had a license revoked? ^ O When? ________ Where? _ _ _ ^ Do you do Municipal Sewer hook-ups? Yes_ _ E)o you pump out septic tanks? Yes_ _ _No No^ SUBMITTALS REQUIRED: OvL 1. $25.00 license application fee. /fe" 2. $2000.00 license and permit bond naming City of obligee. The State Plumbers Bond will not be accepted.t>r,y 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop h^d immediately prior to current construction season/2-"2/-^/ 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 Date Applicants Signature r^nnmmendation^ A^rova^"l^(^i^^^5^eniaA,_ _ Paa eon -For* denial: —--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date Reason for denial: City Council Action Date license mailed Date Approved Denied Interoffice Memo Date: June 4, 1990 To: Mark Bernhardson, City Administrator Orono City Council From: Mel Kilbo, Chief of Police Re: Navarre Lanes/Don Scherven Corp. This Department has reviewed records for the past year on the above establishment. As we have not had any problems at this location, we do recommend issuance of this liquor license. :f3;K tpji '.' i>W rj - ^ W:\m ill:; f.; ,.-. -.8 -i ?i.r Ji’u-- i’"'^ r ,i*! 'li'S:fe:i'S ■■r ■J - J ••’ lV.-i ;!f ■]\ ’■( V-: ■- Ij- •*>- V ‘ l: :;• V ■ • •;. :K • '■ ■ :^u f I ! : •^ I' •V I ■, ■ \ p : ' j/j ‘i > PHONE 612 296 6159 MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY • ST PAUL, MN 55101 »••• • • m APPLICATION FOR CONSUMPTION AND DISPLAY ISET UP| “ERMIT^jg|J "J ’1000 PERMIT FEE $150.00 5598 PUBLIC Don Scherven Corp. Navarre Lanes Co Rds 15/19, Box 51 (Orono) Navarre, MN 55392 l» NAME AND ADDRESS SHOWN ARE NOI CORRECT, MAKE CHANGES IN SfACES BELOW CITY OF a'm jjjMIW NOTE: ALL CLUB ON-SALE’ INTOXICATING LIQUOR LICENSEE’S ARE EXEMPTFRQMAPPliffIfiQ.IW _____ «K|f Appiicjnlt Nam* |eu«ln*t«, PaHti«i«hi!^mpn<ation>^ 1**^)* wim# oba ---------------------------------------------------------VOTWi /U-^rz oo/fV Suiinni Sl>>«i Addicn at ilna NumbaH X A'/ \.**T O^OA/Q C ^ 1 SfSWIf IVBt OwNati Club ubMc Budnat, Nam# ol Builnaii or Club Manafai Do a/ S // d. AU /S' I *aEl» Nartt* n« OBA Builnait Pbona i/?/ Slai* I vpa oT Huiifiati INttlautani, Oanc« Mair. ale | wm!iW I lai |, !fe;r , ''t ftVi «:r'? Nam* of BuHdlnf A' ^E tmc club riffAGsiN^ss r«f *Aflt THE tTui ri" a JslEaf SS PdE *.1KI < M PA II A I t T 111 )M AN V OTHCn BUSINESS CSTABLIS mmc NI I r-a- E^ vaa 1.. JNi. IS awlicaticjn ORIGINAL f~! HfNEWftl^^T RANSI t R I. I RatUi^iJU'C. 2,/Y/^g^S Ad<l(*i» ot Mana*«* Additll ol Oamar A'A jj/ /^ t/ /? U A < Wll.U A NCTN INT ok K A I.o^M^VB!ls^^fEWr,;RV.^’:rLU'A^^^ *irewijiuia ^vai CU nb IP. i ORMCR LICLNSttS MAMI ANU BUSINISS ihAOl N a WS FOR A PUBLIC BUSINESS II a Paima'thip, Siaia lEi Na'»ia ami A<l.|iau pi f ach Pa'loan II a Cwpoiaunn. Siaia Hia Nai«a and A.iii»at» ol Each OII><ta Butinati PatintoOMirar aA 4 y A /A- Buamaii PafiottM^Muar Builnatt PaHn#»iOMK#f Afiditti yf7ti AA /»aU4/D Uata CiuP Or«am#td Numpt* a* M*inb*ta C*Mb OrViCit/DMtelo* Narrt* FOR A PWtVATC CLUli Amr|«m| fsf n«a<i| 1% t*ub 6«ttid<r««| '>«m*d Of n*nl#d* cliib Off1C*'/Oir*ctfH Nam# CiMb OMlc*r/Utvtcto« Nam* Dn*t Ciul> Mamtam L<Ht**tt f o» M*mh*fft I»» Sim* LtQuo# •Cl vat C. Na Has applicant, if partnersfiip. any partnef , if coiporation. any officer or director, if cluh. any dub officer or diieclor. ever had a license unrier the Minnesota Liquor Contml Act revoked or susiiended or been convicted for any violatiai of State Laws or local ordinances; if so. give date and rietaits A ^ I l*a«tbv cv'tily iSai Hit anin*'t a*a Uua ol m, nion ao'ininiijr 40.1 iioiifMiaoa lhai ii'a q.tiof (ii lalia .oimoiaiMio m ihf la.iu'f to a<»a paiimant in' ...mdlkm COniMuIttcauttloi Itvocal.onul Ih., Pf.m.i AN<PERr/ll ISMIEO HtREUNOEn does NOI AIIOWTIIE SAl E OF INI OX ICAT INC LIQ'JOR. NO CONSIDERATION V.'ILL BE GIVEN TO THIS AfPLICAIION UNLESS APPROVED AS PROVIDED BELOW IF THE BUSINESS IS LOCATED IN A COUNTY Appm,ad - Cnai ’paiion Count, B l. d ni n#oi,i,r.i,i,,, Dali IF THE BUSINESS IS LOCATED IN A MUNICIPALITY Appeoutrl - Council Piaiidtni oi Rtpiaitniamt PS nor iiiMi Data ^UffTP»•f*'t Applr«a«f /Oaia IF A CLUB ATTACH A COPY OF THE CONSTITUTION AND BYLAWS OF ’HE CLUB AND A CURRENT LIST OF MEMBERS CASH CHECK LLLL ••rir- t • A-hlk'i iui® r ■ »!! • 'S) fv '. e- t*’ 'r ■ rx- •< .* ■ , : :1 ■iV 6890.4 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: June 8, 1990 SUBJECT: Penke License Attachment:A. License Application - Al Penke - Received 6/7/90 B. Transient Merchants Memo Dated 5/25/90 The application is denied and therefore referred to Council for consideration. The location at Ronnies Cleaner at Blaine and County 15 is acceptable in the space shown (about 20 ft back from County 15.) The other location by Champion Auto, if changed to one farther back from County 15 (i.e. 20+ feet), would probably be acceptable. The location next to County 15 may well have persons stopping on County 15 rather than pulling into the parking lot. I will be contacting him to discuss moving it back and ask which of the two locations he is going to use. TO: Mayor and City Council FROM; Mark E. Bernhardson, City Administrato Forwarded for Council consideration. It is staff's recommendation he be limited to one location. He is requesting both using the Ronnies location for weekends only. - -a; • • •License No. APPLICATION FOR SOLICITATION -^$20.00 fee^r../;.Date Received Date Expires CITY OF ORONO - - - - -:. . . . -- - - - 1335 brown road SOUTH ' ------------ ------------ ■■ ■ BOX 66-...........- ■ " # ------------------ ------------- CRYSTAL bay; MN 55323 ' - ^ ■ Organization JOl/lh/' '_____ Phone - Address: Representative: /^//7n L. ________ Phone ~ S~~?9/ Address; />V> c.y/d7/» Check One; Business Solicitation X Contribution Solicitation Number of People Solicitating within the City /_ _ _— • Provide list of Names of Solicitors on back of this application. Type of Product to be solicited > a'j rl S PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUED 5(a). ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful fcr any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, leasee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. ' ^ The undersigned hereby agrees to the conditions quoted above from the Orono { Municipal Code and any additional requirements the City staff may have. Signature of Applicant: _ _ _ _ _ _ _ Dates /?9Q j FOR CITY USE ONLY: After review of application, staff recommends the following; ____ Approval of application ^ Denial of application Signature of City Official;Date: CVf/l r. -:5i. r.* • 4.1 •> 4. ? - J ' HAMES OF SOLICITOR -- - - - -' • >5 (include- davr- month, & year of birth) ’ ** .\'l *iT*• - *v.y**'* * V/i*^*. r. Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Address: ^ _:7.^ ^ Phone: J3e^- •_ _ _ License^No." //7-License No. Address: Phone; Name:' __ Address: Phone: _ _ License No. Name: _ _ _ AddressT _ Phone: _~ License No. . .. •.*. Name: _ Address; Narae: __ Address: Phone: _ _ License No. Name: _ _ _ Address: Phone; _ _ License No. Name; _ _ _ Address: Phone; _ _ License No. Phones _ _ License No. Name: __ Address; Name: _ Address: Phone; _ _ License No. Phone; _ License No (If additional names, please attach list) j k - lij ■ Ti.j>• ■ f.■‘•’v • ** ,/• - j . j... . Vi June 4, 1990 Dear Al, The purpose of this letter is to verify, in writing, the approval to rent one parking space on our property located at 3455 Shoreline Drive, Navarre MN. We understand that you will be selling flowers at that location. The agreed upon rental rate is $30.00 for 30 days. The rental agreement is contingent upon the existing leasees at our property not objecting to me regarding this arrangemenc. As we discussed, if I receive any complaints from our current tenants I will have to terminate our agreement immediately. Please make the $50.00 monthly check payable to: Overson Properties 17211 14th Ave. N. Plymouth, MN 55447 I hope this arrangement works out well for both of us Al. Sincerely, John B. Overson Property Manager 17211 14th Ave. No. Plymouth MN 55447 \ ^ ^ to*-/ TA ^ Uc-K ' \ 1 ^1 \ V 1 . ; . 5-*^V/ d t ROBERT H. HARDING Certified Public Accountant 2391 Blaine Avenue • P.O. Box 83 Navarre, Minnesota 55392 612-471-0153 2T -o-z, ^ ■■ \or,^i t" \ Q . d 'sn — OPOc . ......r:-.-: • * 'V . . • - ' . ' * • - —• •.**»• f- • ... ^ ^r• **; . * —.riiTtw* MEMBER AMERICAN INSTITUTE Of CERTIFIEO PUBLIC ACCOUNTANTS u 51690.10 TO: FBOM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato^lj^*^ May 1990 SUBJECT: Transient Merchants Attachment:A. Council Minutes 4/11/88, 4/25/88 and 6/23/88 B. Ordinance No. 5.30 Solicitors C. Ordinance No. 50, 2nd Series Amending 5.30 in Part D. Labatt Letter Dated 4/20/90 E. Penke Note Dated 5/13/90 F. Butterfield Letter Dated 5/21/90 G. Kilbo Memo Dated 5/25/89 H. Mobile Peddlers 4/1/88 ISSUE 1. Updating Council regarding selected solicitors licenses in the Navarre area and the City generally. 2. Determine if Council desires a license to be issued. INTRODUCTION - As Council may recall the issue of solicitors licenses and location of those in Navarre was raised in 1988. As noted in Attachment A at the time the solicitor was allowed to receive their license and to continue in the residential location wit’i the owner being allowed to submit for rezoning of the property in conjunction with an overall Navarre Master Plan. Obviously the Navarre Master Plan has not had any strong interest in moving forward. The City has again recently received complaints and a review of the records indicated that the individual who did have licenses in 1988 apparently was selling in 1989 without licenses and has continued in 1990 to sell without licenses on residentailly zoned property (3790 Shoreline Drive.) DISCUSSION - As you will note in Attachment B related to the Ordinance the elements for permitting transient sales are as follows: A. The individual be licensed. B. That it be on commercially zoned property. C. That the location is at the discretion of the Police Chief when taking into account safety issues. The policy issue of whether the City should allow such transient merchants at all has up to this point not been directly addressed by Council apart from licensing. It has been suggested that as an alternative to prohibiting such, that they pay th^ir fair share" of taxes etc. related to their usage. (The parallel raised was one where in New York City such merchants have to be on a waiting list for a limited number of licenses and that the would require an ordinance amendment. As noted in Attachments C there are instances where people, because the vendor is along the road side have stopped in the east bound lane. One telephone caller indicated he had kids run across traffic, almost causing an accident, to purchase flowers from the person in this location. This has created a dangerous situation and possibly could result in pedestrians bein^g struck. At the beginning of May it was determine by staff that the Flower Man had not submitted for a license he was sent a letter on May 7th which he received about mid-week indicating have a license and could not sell. On Sunday, May 13th (Mother s Day) he was selling and was approached by a police officer as to possible licensing. He indicated that he did not have a license and after warning Mr. Penke, the Officer left. Apparently Mr. Penke continued to sell despite the fact that he did not have a license and had been told that he could not sell without a license. Mr. Penke has subsequently submitted for a license, however, the City staff has indicated that it can only be in a commercial zone that has been deemed safe by the Chief of Police. As such it would require that he has permission from the property owner on whose property he will be located. In addition the property must be so configured so all purchasers would be required to pull into the parking lot in order to undertake the sales. The property from which he has currently been selling is not conducive to that and may in fact generate safety problems not only because of its location, but because of the physical arrangements to interested patrons in pulling off the street to conduct their business. If the owner of the property desires to undertake a rezoning they could do so on their own volition but would also have to make arrangements to provide for necessary ingress and egress ot all patrons for such sales even if they were granted rezoning. This may not be possible with the property. ^ appropriate to consider rezoning in the context of a Master Plan. These issues apply not only to "The Flower Man" but all other transient merchants within the City. The City is exploring potential transient seafood operation in the together with transient merchant utilizing the property at County Road 6 and Highway 12. Issue #2 On May 25, 1990 Mr. Indritz, an attorney representing Penke indicated Mr. Keaveny had granted permission to Mr. Penke to sell L from his property. Chie^ on site to determine if it * will review the specific location iin a safe location. While the City Clerk can issue a license upon recommendation of the Chief, the Ordinance language in Section Subd 5 (C) requires he recommend denial if there has been a violation of Section 5.30. Mr. Penke has been selling without a license since 19C9 and was specifically warned and subsequently ticketed for that violation earlier this month. As such it is referred to Council for either approval or denial. ALTERNATIVES Issue #1. 1. Accept the information. 2. AiTn^nd the requirements of the ordinance. 3. Table for futher discussion. 4. Take no action. Issue #2. 1. Approval. 2. Direct denial. 3. Table. RECOM MENDATION - It is recommended that the Council accept the information as presented and direct staff to provide uniform enforcement in this area on a complaint and license review. PROPOSED MOTION - Moved by _, seconded _, that Council accept the information and direct staff that there be uniform enforcement on complaint and license processing basis. Ayes _, Nays _. cc:Al Penke Dick Indritz, Reed and Pond MimJTBS OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 CITY ADMINISTRATOR'S REPORT: MOBILE PEDDLERS City Administrator Bernhardson explained the issue of ordinance interpretation in relation to mobile peddlers, zoning information regarding the Paul Larson property, and the issuance of the solicitation permit to Mr. Penke. Staff recommends the following: 1. Appropriate ordinance modification be undertaken to be presented to the Council at the April 25th meeting. 2. That the property owner undertake the appropriate rezoning. 3. Only require a permit if the ordinance is amended to so govern but ensure he has a County license. 4. If no rezoning undertaken by June 15, 1988, not permit further sales on residential property. CounciImember Goetten asked if Mr. Penke would be entitled to a refund from past paid solicitor's licenses? City Administrator Bernhardson stated that was a question staff has not yet addressed. It was moved by Mayor grabek, seconded by CounciImember Goetten, that the Council direct staff to invesitgate the zoning and ordinance situation and allow the situation as it exists for this year. Motion, Ayes 4, Nays 0. DRIVEWAY BASEMENT - PHEASANT ROAD City Administrator Bernhardson explained the request for a driveway easement over City property from 2673 & 2655 Pheasant Road and 2615 Shadywood Road. In reviewing the request, staff found that 2655 Pheasant Road has direct driveway access onto Pheasant Road, therefore staff recommends tabling consideracion of access over City property for this particular property. The residence at 2615 Shadywood Road has access from Shadywood Road, therefore staff recommends denying vehicle access over City property in this case. Staff's intent is not to . close off the access to these properties, merely not grant legal access. Staff recommends approving vehicle access over City property to serve as the primary access to 2673 Pheasant Road. MLVRx ROAD :the regular ORONO COORCIL MEETIHG held APRIL 25, 1988 CONTIKUBD cfAff s recommendation on behalf of ““^^"%"eVard!ng Co °^ Road 116 and proposed J the County to terminate it^at RoadS^A Motion. Ayes 4. Nays r Counciln.e “ber" Go°e"tte"n voted needs to look "ha’t thl“ comprehensive plan Design Engineer Bob Ehlers of th"at^ he°'=f^"u^^^^ thi present for this noi-^ad that the original bid di^not includl°liVting through Minnetonka Beach. It was moved C® ty* set^ M^y^Z^ 1988"ts the iiA!^^G^eL^\l^-Vs.“«?tio^n;^ 5, Kays 0. MOBILE PEDDLER ^ w ORDINANCE NO. 50, ed bv Counci Imember Sime, seconded by Counaimember Peterson, that No. srio'to r%uTate'se\ect" classes of solicitors. Motion, Ayes 5, Nays 0. resolution of recognition * ^ ^ V, resolution #2411 ■=/ "°“^=“ro “fdopt'rkesolS?f^ ol TcoUitTofol c'^h'^eY Melvin Kilbo. Motion, Ayes 5. Nays 0. PROCLAMATION - MINNESOTA CITIES WEEK* resolution .2418 td^pt^YYsolYtYoY ^41^ ^prcral:tnrMa;YYriRsVas=Y/;nesota Cities Week. Motion, Ayes - Kays 0. : J a MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988 IfOODHILL AVENUE CONTINUED It was moved by CounciImember Goetten, seconded by CounciImember Simer that Council: 1. Accept bids and order project in 2. Financing; Developer 75% - City 15% - 3 abutting owners 10% Motion, Ayes A, Nays 0. Councilmember Peterson stated that she voted in favor because she felt the abutting property owners technically should be assessed for a portion of the improvements. 3508 IVY PLACE* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to direct staff to continue its efforts to resolve the high water use at 3508 Ivy Place. Motion, Ayes 4, Nays 0. REQUEST OP ORDINANCE AMENDMENT - SOLICITOR'S ORDINANCE City Administrator Bernhardson explained the request to amend the solicitor's ordinance as it relates to requiring solicitation to take place only on commercially zoned land. Staff recommends that that solicitor's ordinance language be retained and not allow commercial operations in residential zones and that Mr. Larson be directed to submit a rezoning application pending the master planning process review, if he wishes. Paul Larson, owner of the property at issue, was i^resent for this matter. He stated that based on the use of the abutting properties, he felt the existing use of his property should be allowed to remain. He did not feel he should go to the time and expense involved in rezoning the property. He noted that this entire issue was brought about by a complaint from a local competitor r of the affected solicitor. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, that the Council desires to retain the current language and Ordinance and directs Mr. Larson to undertake the necessary rezoning application which will be held in abeyance pending completion of the master planning process for the Navarre area. Motion, Ayes 3, Nays 1. Councilmember Goetten voted nay stating that this is an unfortunate situation and that the Council needs to be looking at the County Road 15 area as a total picture, including this specific area. Motion carried. 1 ^ © rd ORDINANCE NO. 50 y SECOND SERIES aw nnnTNANCE AMENDING SUBDIVISIONS 1» 2(H), 2(1), 3, 3(B), 3(F), 3(G?r 5 and 5(B), OF SECTION 5.30 ADOPTED APRIL 1, 1984, AND entitled "SOLICITORS" The City Council of the City of Orono ordains: Ordinance No. 5.30 Subdivisions 1, 2(H), 2(1), 3(F), 3(G), 4 and 5(B) adopted April 1, 1984 and entitled "Solicitors" is amended to read: Section 5.30. SOLICITOR AND TRANSIENT MERCHANTS Subd. 1. Purpose. This Section is not intended to in hinder delav or interfere with legitimate business orany way hinder delay or inter^^ Council finds, however, that sol?cito\V h"ave Sled public streets and their direct.contact with should be subject to control. Subdivision 2. Definitions. H "Transient Merchant Activities" means engaging inhormihtent or transient sales or exchanges :■ rr; vehicle, at any point or place in the City. I. "Transient Merchant" means any person engaging in transient merchant activities. subdivision 3. prohibited Solicitation and Transient Merchant practices. B It is unlawful for any solicitor merchant to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation or transient merchant activities. F. It is unlawful for any person to engage in business solicitation or transient merchant activities without a lincense as herein provided. G. Transient merchant activities can only be conducted on commercially zoned properties, Subdivison 4. Application. Applications for solicitor and transient merchant licensing or registration shall contain the name and address of the solicitor or transient merchant and such other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant's background and past solicitation practices or transient merchant activities. Application for solicitor licensing shall also contain the name and address of the business or organization for which solicitations are sought. Subdivision 5. Investigation, Approval or Disapproval. B. If he finds no past history ot the applicant indicating violations similar to those declared unlawful in this Section, and if he finds that to grant the application is not likely to result in a hazard or danger to persons or property, he shall recommend issuing a license or approving registration, as the case may be, and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon payment of the fee therefore, to the approved applicant for business solicitation or transient merchant activities, and shall approve the completion of registration by the applicant for a conribution solicitor. Passed by the Council this 25th day of April, 1988. ATTEST: -4 ^ _______■" ^y M. ^IlTn, city Clerk Published in the Laker and Pioneer newspaper the week of May 2. 1988 _ _ _ _ _ _ _. ■pli m kWtV- F^7 . //kxu iij li90 ,.HfTpMOJT ^ Oojj LC-hmi U mcLLj CjydUikn. y 'Tki j^e f/tdn, (2/<^/'i , has a/coii^s ^2syKp/)'&sl cv//h 7%? C-ih^' o-f Uiiih (jcho-ituer -H^tu M-Oture Phsyy^ Aim -h !<■ ^ "C" >*•> W'VT ■ ; L/*- * i ' ‘ ' C w<»»^ # / ^ ^ U mtS 0.^0 Si'A SI CiSi(/7di/ . 'PP h)rjy's> Lph/ Cound/ cOXiAr/tirdc/ 0.1 0.n ^ 0/lCo'i^^S haS/Aejs j^O^hrs cao^/"sunfr^ ;^e As OshclTcss Pk/rsiA ivsxdJ 6e r^^cunsj. KILL I JmJSSK^ Ol pr'^-^ ^ (^dr 6d /'tdcA.eai dOCj p ''SjScAfL/ CtL'Lt/\ rzJO '/S'=xc» r//3/fo ^ .4.. ... / c •K ' Jhf iher^ are. smy cazpAcdf/h>tS ^ Lo-fach Loi SLSSurKt ^crs\.dfhmps Lp //SLCi 'hi/ ohrfces //^s/dy Scad cchL. ccd// Tz^dt CO-Si cf AidQ prod/sms sii hi^sy- yfacsd. Oh oy^ '-m'/S Paie ujd Mat dtea /na/nfaiAina our c/B.ai//y d^yOntss Jual jasi h'ht / / /i" :har over P clears.. ^ 'TsJoms Sd/es sere. Mha/ ~Ad otu-Phmi/p pfranCxv./■ l/Je ^dee .Ao /^a-ssyt ....... "fz>-/y[aAZ..ary. cAsaaes , I7a/j .Day/ iScau/ay —- .......................................... ^ f cS-om^A V'- •• *. V -• •. p »JHrrmffmsr 473-4687 320 EAST WAYZATA BOULEVARD May 21. 1990 WAYZATA. MINNESOTA 55391 " ‘ 2 5 1930 City of Orono To Whom it May Concern: We would like to protest the fact that the little pink building seems to be able to sell flowers. He has very little overhead - and I*m sure he doesn't oay the $25,000 in real estate taxes we do. If we operated out of a closet we also could sell roses for $8.00 a dozen. I also object to the holiday poachers sitting in every vacant lot and on every corner - even going to ny house. If you are giving away free areas to sell, we would be interested. The rent can't be any higher than the taxes in Orono. : • % . -C J '-V-' . . • .!-•» . . -. .**■ V V' - /;r^: TO: Mayor and City Council FROM: Mel Kilbo, Police Chief DATE: May 25, 1990 SUBJECT: License Application - A1 Penke After a review of the application, the proposed sale from the location is in accordance with the zoning requirements as to a commercial zone, but will need written permission and a sketch to ascertain if it is in a safe location. It has been requested they be submited by noon 5/25/90 By ordinance however, I am required to recommend den al due the fact that he has violated the ordinance by sellin without a license and continued to do so after receiving a letter to that effect and then a warning. He was subsequently ticketed. •>, ‘ 4188._ ,D^council meeting APR 1 uses CITY OF ORONO TO, Mayor and City Council rMHt Mark Betnhardaon. City Admlnlattato mm Aptll 1. l’«8 SOBJKTi Mobile Peddler* Attach»ent: A. "°bll. ^-ddle^ 3/23/88 B. 1967 Zoning wap C. Present Zoning Map 1. informtlon regarding the ordinance Interpretation 2. The background on zoning Information regarding the Paul Larson property 3. issuance of the solicitation permit to Mr. Penke IMTPODOCTION - At the Councl l-s «V\*;e^\'ud\’ln=r r^gSId"!ng" t‘he aSilvid Hcitluon ordinance together with the toned residential. Baaed on the aiscusslon at the Council °on a residential piece of property was discussion 3297 the State requires the licensing permit the transient aneh bv a municipality. The City oflicensing and ‘^^^ulation of such y until the 1984 Orono did not )! «taff*s interpretation of that recodification. It the ordinance needed to be ordinance that ^ ritv At^torney however, felt that Mr.licensed. A review by the City At tor ordinance. Penkc’s type of city's^^ntent to so regulate, the Whi’e it may ffor^that regulation. He would be ordi.iance does not pro , county Auditor and the issue licensing issue. . - In a brief review of the property Issue 12 - Zoning on oortion of the area was in an It'appears that he bafance zoned B-1 Commercial until industrial district , s that time, chose to zone it ■J 5 ^ a»S2 residential was done in order to limit curb cuts and traffic generation on 15 that was anticipated if * (This was a typical strategy of the Council at the time.) in light of this the Council may consider: A. Resoning of the property although this may have an imoact on the type of development that comes to the ™rty bet«.n"lotB and Bayahlt. lot. vhlch were Expected to be some type of lo. to moderate residential density. B. Leave as is. It would be staffs position that there reulstratlon and awareness of these types of proposals and current ordinance doesn ’t requite such, then It »® *"*"^*^* This does not mean that the City should be • PO»‘ discouraqe such activity. Whether it Is regulated “"“J*' ordinance or not It doe. ..ot prevent Mr. Penke’s type of business from being licensed '5> the County. The issue of Mi. Penke's continued business on ^he site needs to be addressed. Because of the fact that the and Mr. Penke has been doing business on this site for thr years, it may be appropriate that the Council action to continue it for at least 60 days pending the possible rezoning of tha property. ALTE^ATI^VES - Issue 1. Ordinance RegulaUon 1. Acceptance of Information from Ihe City Attorney on ordinance interpretation. 2. Discuss what action the Council may want to take in relationship to the existing ordinance. 3. Direct staff to amend ordinance to govern peddlers and transient merchants. 4. Choose not to regulate, leaving regulation to County. 5. Table. Issue 2. Rezo ning 1. Accept the information 2. Table for further consideration 3. Give a preliminary indication to the owner as to whether It is fruitful to undertake a rezoning or not *■• ;v im- Issue 3. t;ic®n«® Is?H?OS® 1. issue a license even though the ordinance really does not require. 2. Table 3. Deny approval of the permit pending rezoning 4. Not require a licence but ensure he has a County issued license. RSCOMMENDATION- ^ ^1. "it is recommended that the Council accept the information regarding the ordinance and that the appropriate ordinance modifications be undertaken for presentation at the April 25, 1988 Council meeting. 2. That the property owner undertake the appropriate rezoninq. 3. Only require a permit if the ordinance is amended to so govern but ensure he has a County license. 4. If no rezoning undertaken by 15 June not permit further sales on residential property. PROPOSED MOTION - Moved by , seconded by _, v^iat the Council direct staff to revise the ordinance regarding pwddlers in line with the Council's discussion on the matter. Aye- _, Nays_. cc: Jeanne Mabusth, Zoning Administrator Melvin Kllbo, Police Chief Dorothy Hallin, City Clerk Al Penke If cZO Yot Mayor Grabek 6 Orono Council Members Pxtias Mark E. Bernhardaon, City Administrate Dates March 23# 1988 Subjects Mobile Peddlers 32388.2 2 8/988 ^‘^OFORono - soliciting and Peddlera Memo Dated 3/9/88 Be Ordinance No. 5.30 - Solicitors twtoodoction - from the various Orono bueineee people. At that unaware that it to take no action. The . conversation subsequent to that agenda again. DISCUSSION - A. noted in Attachment A. this issue was dlscuae.^ ^*h'af the 1985 Council meeting. Concern under the City's ordinance the ordinan^'e. consideration of this matter from a not previously been done. The iLR-lC-1) although it presently isthat has been toned tesldentlal p^perty (LR 1C 1) ^ zoning used commercially as a reordinance does not aHov r anything other tnan nom u.n on are not to show outside the home or rosd-side stan^^^^ plac* (refer the property, it is an husino therefore would only be commercially zoned property to conduct his bucines . ALTERNATIVES - - - -‘JT, PoTicv alternatives^. 1. Leave ordinance un-amended. 2. L'-^it the peddler's license to number of days or number of renewals within a years time. T .*• ,■' Mobile Peddlers March 23» 1988 Page 2 of 2 3. Increase the fee for peddlers to compensate for the fact tha they are not paying taxes on a commercial use. 4. Specifically, in the peddlers ordinance, restrict sales to commercially zoned properties if they go for a period in a place. (This is probably not needed as the zoning code already would restrict that.) 5. Limit the types of sales that could ta)ce place under a peddler's license. B. Action! 1. Rer.ew the license at a specific location only in commercial! zoned properties. 2. Amend the ordinance to further restrict peddling sales. • 3. Leave the situation it the current status-quo. RECOMMENDATION - ■ It is recommended that any solicitor permits of an °*'“9oing business nature be limited to commercially zonr P®^i“®ooli^^the property owner. At this time, however the further limitations applied to the ordinance for at least this partxcular case (with limiting them to commercially zoned property for on-going not appropriate as there have not been other problems business and it is probably not appropriate to unduly limit business competition. PROPOSED_MOTION: Moved by seconded by that the Council direc staff U^'^.Tri5llcitor’3 permits that are to be of nature ar to be limited to commercially zoned properties, <>ut at this time take ^rther action on on ordinance amendment. Ayes - -, nays - -. cc: Helen 3988.3 TO, Mayor and City Coun-*l reOH: John 8. Gerhardaon, Acting Administrator oatbj «»'=” ’• S0BJ8CT. Petltior - eliciting and Peddlers ?.*rvary*Church by Ounwoedy Avenue. ,1.0 included is ““u^ncVl’l ae^'i‘slon ‘hat time rompryi^^«t^":hr^^a"?::Ince^^^°To%ate that person is still complying. ^ ^ . srief «;urvey of Se^VCl%rc'om°r.Vi:: a“nd ^^7 l^rtl^n rtlfr:?'?hr2ou ‘nc7rrVirhe ‘'onThVma\ter. 1 •■tfrmr "t-jm - . _- •; 39M.2 TOt tW^T^t John r.erhardson» Acting Ad«inistr»tot cor^thy Halim. CUy Clark March 9, 19B® survey If Hai^hborm, CitU. Solid tor./St ft vendors ...................... ............................................................ lnforiBat ‘0" I* pro*ia»di ^ „OU«D - Orain,nc. 1. ";--«.lnly ‘V .tiwd tk«r« had Ho»ia ‘U«ncil».-b.r ».,.cam, tM •«-« Man* selllnn in Ocono, retorted to Chief Itilbo* tone W*E - V"w»*tw**/“** ;fS ~ !”?4Vw"«V « “• MIMMETOKKA^nnAClf “ 5*** to submitted a vritt.nr;;„?cU“r:,-..t««.«.. b, r-.i r • ............ -.-.t-'- -!oHcUors muat b« lU*"»ea. -►V /*;•-•• ’ n*''*'*’ tf^rued a license* .^^..1 It; ina food vendor, only* Vhis’city «na th.*. h... hi* bu,in«.. •, -i; •.VTi:5 or THE ORONO COUNCIL MEETING HELD MARCH 25# 1985. nt.eht agenda*PAGE 2Police Chief Kilbo asked that the Blue Bell Solicitor’s License be removed from the consent agenda item 119. Mayor Butler moved. CounciImember Frahm seconded, to approve the Consent Agenda*, subject to item 119 being removed# with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk's office. Motion, Ayes (4), Nays (0). •PPROVAL OP MINUTES*Mayor Butler moved# Counci Imember Frahm seconded# to approve the regular minutes of the Orono Council meeting held March 11, 1985, as submitted. Motion, Ayes (4), Nays (OJ. •PPEARANCE BY AL <; MARGO PENKE - 'OLICITORS LICENSE ,A1 and Margo Penke were present to discuss their solicitor's license application to sell cut flowers. A1 Penke stated that nis current solicitor's license expires next week and he is here to renew the license. Penke stated that he learned about the complaint from Flowers by Helen through the newspapers. Penke explained that the newspaper articles made him look like the bad guy when all along he has complied with the City's ordinances. Penke stated that he did not knew that he needed a temporary sign permit and will renove tlie signs. Penke felt that the complaint from a Spring Park business owner should not have any bearing on the Orono business person just because he is creating competition for the Spring Park business. Penke stated that his own competition is Tyra's market. Maroo Penke stated that their bu-iness is like a European Flower Market. Penke stated that they have been doing business in Maple Plain and Cokato and have never had any complaints. Councilmember Grabek moved, Councilmember L. Adams seconded, to approve the solicitor' s license for Al and Margo Penke to sell cut flowers for 60 days. Motion, Ayes (4), Nays (0). *.AKE MINNETONKA CONSERVATION DISTRICT „ u •EPORT Jo Ellen Hurr was not present and there was no Lake Minnetonka Conservation District Report. LANNING COMMISSION 'COMMENTS URLIC COMMENTS Chairman Callahan and Planning Commission member Rovegno were present. Police Chief Kilbo asked that the Council act on a limited firearms permit. Kilbo stated that a resident is having problems with raccoons. Kilbo stated that he just received the telephone call toda> . Kilbo stated that he reviewed the firearms permit and doesn't foresee any problems. ¥yy sV*. I , ■ - i. -V, * *• ^ ^ KIHUTCS OF Tlin OKONO COUNCII. KEETINC HELD MARCH 11. 19B5. PACK 3 attendance 7:00 PM The Orono Council wet on the above date withATTENDANCI- /.u „^„j,crs present: Mayor Butler. CounciImembers Frahm, Tim Adaws, and Lynn Adams. CounciImember Grabek was absent. City Attorney Radio and City Engineer Ccok were *^*® P*^®***'”• Building t Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron. and Recorder Sutton represented the City stair. Planning Commission Chairman Callahan was also present. CONSENT AGENDA* Ayes (4). Nays (0). approval op Frahm moved, Councilmemb.r T. Adams to approve the regular Council minutes of February 25, 1985, as submitted. Motion, Ayes (4), Nays (0). / flS"by S ^*^1” and Ren Skaret vere present. d^%\Vrosed"to their products. Skaret stated that the peddler puts up cardboard signs which clutter the streets. allowed a piece of the free enterprise ^ stated that if the solicitor is using signage, that he should be required to acquire a temporary sign permit. Councilmember T. Adams stated that the time limit on the license should be shortened. Councilmember Frahm suggested raising the fee charged for the solicitors application. Mayor Butler asked staff to ask other charge for solicitor's licenses and what the the licenses. Butler stated that Council issue further on March 25, 1985, after the additional information is received from staff. Butler directed a^fff to draft a letter to Helen Skaret informing her ^^®t the Council will be discussing the issue again on March 25, 1985. r- i.'-. i *7Cr/<ri9 4SfO V»rW /// ^ SSS64 4Jhit4(>9 1.0CAL aiSmESS KEK AGAINST KOPUIIC CM SIMBIS IH CBOIO ^>1 -M 1^0 C.O ,?,ih ^flG/CClEAW£ftS/Z-/ A/O^OU ff\(U /'KXiaf / . ^ . VO^'*^C-vS AJs y/-^-****-^ C3^J ", it5 .'* '. ■. • c)**-^^. vv> ’'-C -. • -"• • «rv t-c-.^^^-s- '* ; -rr*; ■7- -/.V *:•* ••• — '-• . •.- ■> •■ . T i S' ______ _ .^ivy^r-. ,r.. y . V ■ j '1/;■■.■_■ ..;■■ . •• '................. • ;<!-*.vi».vf-.’»».-. #* ■'.- .-i-v i-Lf•■’••. .V’-*^^N*' r.'-. -•■ .', ■-J- .*» . ‘ , V ,-: ! ^' ■•••*‘ V 05/27/90 PR CB PRRitEGOR NAME ABRAHAMSON. FREDERIC ANDERSON. BRUCE L BERNHARDSON. MARK E BOB2IEN. SUE A BOSMA. JAMIE L BRAUN. ROBERT R BRINKHAUS. JOHN F CHESWICK. GARY B CHRISTIANSON. SALLY CORNICK. JAMES L DEMBOUSKI, JAY C ENGLISH III. IRVING ERICKSON. KURT R FISCHENICH. DAN T FRITZLER. JOHN M GAFFRON MICHAEL P GERHARDSON, JOHN R GREGORY. JAMES D DOROTHY M STEVEN C CAROL J BRADLEY P FOREST J HALLIN. HANSEN. HANSING JOHNSON JOSTROM. JAMES L KARNITZ. RICKY D KILBO. MELVIN H KNUTSON. CHARLOTTE KUEHN. THOMAS M LINDSTROM. DAVID J MABUSTH. JEANNE A MILLS JR. WALTER H MORAN. MARK F MOROWCZYNSKI. MAAB, THERESA NELSON. DAVID OAS. DANIEL 0 OBRIEN, RANDY L OMAN. LYLE E PALMER. GREGORY A 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 YEAGER. DONALD YTD CURRENT DPT GROSS GROSS ; 93 458.39 102.13 31 18098.03 1699.38 12 24521.62 2115.60 31 10373.14 921.84 12 6739.55 497.09 93 166.26 33.25 42 16000.55 1391.12 31 16395.73 1468.00 31 2423.96 212.48 31 170C1.47 1714.51 31 3562 28 952.33 31 19081 35 1467.80 31 15821 71 1364.17 31 14888.83 1299.20 31 16471.46 1396.16 33 14700.21 1338.73 42 19335.09 1760.80 42 14367.05 1327.15 12 12662.17 1153.12 42 11887.64 1087.49 31 5758.38 499 55 31 16516.60 1556.00 93 156 75 156.75 31 1792.01 487.46 31 21570.64 1964 40 15 10122.50 921.84 15 20543.35 1870.88 93 142.50 61.75 33 18409 03 1676 47 93 132.50 132.50 31 14910.67 1337.28 31 18928 56 2042 83 12 10252.16 956 41 35 285 60 35 70 93 572.26 154 88 92 10923.09 935.05 33 12836.05 1356.45 42 418.32 418.32 92 14958 99 1356.18 92 11725.31 1250 62 42 11598.06 1097.25 42 11632.77 1049.86 93 12678.87 1154.64 93 778.25 176.00 31 15402.22 1338.16 31 16230.27 1338.17 31 15432.93 1697.53 33 11249.42 1118 92 12 1959.00 783.60 35 2394.69 216.33 15 9645.21 926.27 93 706.14 149.63 53.520.03 ' • .e * i’*.*- -.A*- -*. *.• 'JUN111990 ^ citirtiF I: I 'I t BBSSSB>SSSSS> ■ »V"* vV* .• :'^-v V.- *y >; r-.v U ■ ... a^v»*v ■ '•* ■ • . .w’ . *■ * . . ■ -T. -■ «• ..<*,a.c • vA f _:vA . 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U i ^ J : ^ i * -f;■ 'v-^' ’--fei t•*mm © COUNCIL MEETING JUN11IS90 CITY OF OROKC . m 473-7033 Tom Reese, Chair Milfoil Task Force 540-2583 SUBJECT: Weed Harvest Begins on Lake Minnetonka May 29 Lake Minnetonka's famed "weedbusters" will be out in force Tuesday, May 29, to begin the second Lake Minnetonka Conservation District (LMCD) Eurasian water milfoil weed harvesting program, according to Task Force Chair Tom Reese, Mound. A MN Department of Natural Resources weed harvesting permit has been issued allowing 1,550 acres to be harvested in 1990, project manager Norm Paurus reports. This compares with 667 acres which -.ere harvested during the 1989 season. Open water areas will be harvested beyond docks in the normal boat traffic patterns. Paurus further explained. With the launching in Spring Park, harvesting will get underway in Spring Park Bay. and simultaneously in Excelsior Bay. The weed harvesters will operate in pairs and move to bays where boating activity is most intense. The four UlCD weed harvesters, named during the 1989 season, are: Hattie May. Saucy Kate. May Queen, and Belle. The names are historical references to steamboats of the 19th century which operated on Lake Minnetonka. A fifth weed harvester will Join the UlCD team early in the season. The Suburban Hennepin Regional Park District purchased a version similar to LMCD-s equipment from the same manufacturer. The intention is to have it used on Lake Minnetonka most of Che season. The Park District is also providing weekly computer documentation of weed harvesting results. ••The LMCD has undertaken its own operation of the weed harvesting program (more) LAKE MINNETONKA CONSERVATION DISTRICT this year," Executive Director Gene Strommen explained. "After reviewing the 1989 experience, the BoArd supported a move to bring the operation 'in house.' This involved hiring a project manager, field supervision, four harvester operators, and two shor-: crew members." Funding for the private support of the program is still underway, with $20,000 remaining of its $55,000 goal. Contributions payable to the LMCD "Save the Lake" fund may be sent to 402 East Lake Street, Wayzata, MN 5j391 . ;c X LAKE MINNETONKA CONSERVATION DISTRICT NEWS RELEASE May 21, 1990 FOR IMMEDIATE RELEASE Contact: Gene Stronunen Executive Director 473-7033 Tom Reese Task Force Chair 540-2583 SUBJECT: Underwater Found Obstructions (UFO) to be Marked Upon Citizen Identification Boaters encountering an Underwater Found Obstruction (UFO) can perform a "save the lake" service by calling them to the Lake Minnetonka Conservation District's attention according to Task Force Chair Tom Reese, Mound. Recognizing that there are occasional obstructions just under the surface of Lake Minnetonka, the Board approved a plan to mark such UFO's to warn boaters. Funds from the District's "Save the Lake" program will be used to purchase officially-approved danger buoys with the added identifica­ tion of "ROCK" to designate the obstruction's presence. A $3,500 allocation was approved for buoy purchases. Person's identifying a UFO are asked to make a careful notation of the object's lake location. Sitings on landmarks in at least three directions are necessary. A small mar*..^r locator may be used for a temporary placement. The next step is for the person finding the UFO to call in their name and information as to where they can be reached. Assistance in locating the UFO will be required. The weed harvesting supervisory persor...ei will be rcbn-:. iible to work with the person finding the UFO to relocate and mark it. UFO's are to be only those objects OUTSIDE the 150' distance from shore. Boaters are required to move at no-wake speeds within 150' and b *r/ant for underwater conditions which always present the potential for bo..ing hazards. Objects in a public channel or heavy traffic area should be Identified. The approved danger buoys will be fiVe inches in diameter, white with a bold orange diamond on two sides, and reflective orange borders on top & bottom. LAKE MINNETONKA CONSERVATION DISTRICT News Release, UFO, 5/21/90, P. 2 The word "ROCK" appears on two sides. Larger shallow areas are marked by the Hennepin County Public Service lakes improvement program. These are already marked with official danger buoys as areas boats are not to enter. Similar areas are not included in the UFO program, mainly because it is expected most are within the 150 shore zone or are already marked as danger areas. LMCD Chair Dave Cochran, Greenwood, and "Save the Lake" annual campaign Chair Bob Pillsbury thank all boaters for their cooperation in r-’.ing this program work. ////# nay 23-. mO LAKE MINNETONKA CONSERVATION DISTRICT PHOTO nEnO ALERT "Eurasian Water Hilfoil Weed Harvesting' i WHO: when: WHERE: CONTACT: .ke ninnetonka Conservation District {LHCD> Eurasian Water I iiI foil Weed Harvesting Operations Crew- Tuesday-. Hay ET -* .arting at 7:30 am and continuing through­ out the day — each day until approximately M:D0 pm . . . through Friday-. September 7 . • • Spring Park Bay-. Ccu"'' Road SI for Hay ET ■ to follow­ 's at the intersection of County /arious locations in the weeks Project hanager Norm Paur> -l71-flti3T Executive Director Gene Stromir.en-. M73-7033 The second year of harvesting Eurasian water milfoil on Lake Ninnetonka gets underway Nay ET- This year's operation is being conducted by the Lake Ninnetonka Conservation District -CLNCDl-. utilizing its own crew and the fc--.*" United Narine International weed harvesters purchased in IW- The NN Department of Natural Resources has issued a mO permit to harvest 1-.SS0 acres of aquatic plants- This compares to bt.7 acres which were ha vested in using fewer machines on a si.orter schedule- Photographers interested iri t*n the machine" or close-up photo opportunities can be accommodated- Advan» ' notice of this intc»"9st is preferred to keep your photo crew time on a expeditious schecjult;-. and to avoid waiting- Harvesting crews will be in full-scale operation starting Nay ET- Weeds are hauled to nearby on-land compost disposal sites- An enclosed brochure hignlignts the weed problem as it affe^.ts the lake- All harvesting is done in the open arfe~£ is»f the lake to facilitate recreational boat traffic- THANK YOU FOR YOUR PUBLIC SERVICE INTEREST- /// LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Lake Use Committee Meeting:Monday, May 21, 1990, 4:30 p.m, LMCD Office, Wayzata Members Present: Robert Pillsbury, Chair, Minnetonka, Marvin Bjorlin, Tonka Bay; Bert Foster, Deephaven; Thomas Reese, Mound; Robert Rascop, Shorewood. Also present: Sgt. Wm. Chandler, Hennepin County Sheriff’s Water Patrol; Eugene Strommen, Executive Director. 1. Water Patrol Report. a. Charter Boat Inspection Progress: Chandler reported twenty-two of twenty-four charter boats have been inspected. Three will need re-inspection. Chandler has furnished the Executive Director with inspection guideline suggestions to bring the LMCD inspections in line with the Coast Guard inspections. b. Fishing Opener Activity: Chandler reported there were no problems. c. Underwater Found Obstructions (UFO): Chandler, Reese, Denis Bailey,Hennepin County Lakes Improvement and the executive director have met to coordinate the program. d. Marine Radio Broadcasts: Chandler reported the Water Patrol has begun marine information broadcasts on Fridays, Saturdays and Sundays. e. Guest Observers: Chandler reported the Pierre, South Dakota Police Department is planning a water patrol activity in their area and will be working with the Hennepin County Sheriff’s Water Patrol. He will furnish them with copies of the LMCD Ordinances. They would also like to meet with LMCD members. f. Incident Report: Chandler had no incidents to report. 2. Personal Watercraft Ordinance. The committee received the amended ordinance as reviewed and amended by the Board at their 4/25/90 meeting. Foster suggested a change in Subd. 8. Age of Operator. He recommends eliminating the first sentence which prohibits anyone under the age of 13 from operating a personal watercraft. Chandler agreed, stating common sense will dictate whether someone under 13 is capable of operating a personal watercraft. This gives that age group an opportunity to learn how to operate a pwc. Chandler called the members attention to Subd. 11. Ho stated that as worded the water patrol could no issue a citation to a personal watercraft. He asked for a wording which would provide for citing an operator if in violation of the Prolonged Operation section. Foster moved, Reese seconded, to recommend approval of the Personal Watercraft Ordinance third reading with the following amendment: Subd. 8 Age of Operator. - Delete the first sentence. Motion carried unanimously. Lake Use Committee May 21. 1990 Reese moved, Rascop seconded, to recommend approval of the Personal Watercraft Ordinance third reading with the following amendment: Subd. 11. Prolonged Operation. Add: Person in control of such personal watercraft shall be subject to citation. Motion carried unanimously. 3. Water Ski Slalom Course Request C»i .*y Mansou and Westonka Water skiing residents requested conticai^^ce of their permission to use their portable slalom water ski course as allowed in previous years. They further request a change in the observer rule. Chandler reported the Water Patrol has had no problem with this group of water skiers. Foster moved, Reese seconded, continuation of the arrangement for a slalom water ski course for Carey Mason and the Westonka Water Ski Residents under the same terms and conditions as 1989. Motion carried unanimously. Observer: Foster expressed the opinion that the Ordinance Section 3.10 Subd. 1, Observers Required while waterskiing on Lake Minnetonka is too restrictive. He does not believe an observer is needed during the week. Reese agreed that elimination of the observer requirement during the week encourages the use of the lake when no one else is using the lake. Observers are needed during the weekend. W. Jacques Gibbs, 4901 Three Points Blvd., Mound, a member of the applicant organization, said they usually have enough observers but there are occasions when the third person is not available. They would use the curved mirror. Foster moved, Reese seconded, to recommend an ordinance change which would: 1. Eliminate the need for an observer on non-holiday Mondays through Friday noon. 2. Require standard curved rear-view water skiing mirror equipment on the boat when an observer is not used. (Required by State Statute) . , j3. Eliminate the reference to "between Memorial Day and Labor Day".4. Include a provision which would allow the Water Patrol to require an observer when there is sufficient congestion on the lake to warrant it in their judgment. Motion carried, Rascop voting nay. 4. Special Event Application - Canoe Races At Lord Fletcher's Lord Fletcher's Restaurant has made application for a special event permit to hold canoe races in their lagoon area to the edge of the channel and back. The Executive Director reported Lord Fletcher’s has a transient license which does not allow off-lake storage. Since they are not a full service marina they are not eligible for off-lake storage. They cannot apply Lake Use Committee May 21. 1990 for a new dock license because of the moratorium. Boat traffic along the Coffee Channel area and in the applicant s own dock use area was a matter of concern for safety. Rascop moved, Foster seconded, to deny a special event permit for canoe races at Lord Fletcher’s. Motion carried unanimously. 5. Pontoon Boat Rental - Lord Fletcher’s Todd Streeter, 1550 Wayzata Blvd, Wayzata, proposed to rent small {S’ long x 7’ wide) pontoon boats powered by battery- operated trolling motors. The same conflict with the LMCD generally apply to this proposal as did with the canoe races in that the pontoons would require off-lake storage. It would also require a license for launching boats. . j, j t«.-HStreeter explained the rental would be handled hy Lord Fletcher’s His organization has experience with the boats in nlriSr and they handle surf well. ,1" Streeter's opinion there is reduced traffic at Lord Fletcher s because of the The rental would operate from 11 a.m. to 11 P.m. J!?® approved lights. Bjorlin said they should have full life jackets and not just seat-cushion flotation devices. h„-ts are Reese spoke in favor of the proposal because the boats are not noisy, do not make a wake and because of the low water the district should encourage the lake shore businesses. =,fl,mnt A code amendment proposed by Attorney LeFevere to ®*®“P^ non-restricted watercraft from the storage ordinance and further exemption for 17’ canoes as restricted watercraft introduced, seconded, to recommend approval of the pontoor boarr^nial as proposed for Lord Fletcher's on a trial basis for one season, with no guarantee of Rascop moved, Reese seconded, an amendment to th recommendation which would ask Charles LeFevere, LMCD Counsel, to come to the 5/23 Board meeting prepared .o discuss this propos 6. Special Event Deposit Refund Rascop moved, Reese seconded, to havingsrasi “ 7. Citizen Complaint. A citizen complaint concerning wakes at the approach to the City of Wayzata docks on Wayzata Bay at Broadway Avenue near Lake Use Committee May 21, 1990 requested a "Slow" buoy in that area. An inquiry to the City of Wayzata indicates they have had no complaints. This distance from shore was concluded too far to begin a slow designation as requested. No action was taken. The Executive Director will call the complainant. 8. Minnetonka Power Squadron The Minnetonka Power Squadron request for location of a "Slow" buoy at the channel through Big Island will be reviewed on the June 9 lake tour. It was recommended the Minnetonka Power Squadron Commander be invited on the lake inspection tour. 9. Adjournment Reese moved, Rascop seconded, that the meeting be adjourned. The meeting was adjourned at 5:20 p.m. FOR THE COMMITTEE: Eugene Strommen, Execut . e Director Robert Pillsbury, Chair LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 EVE N T S S C H E D U L E JUNE 1990 Saturdays 10:00 AM Yacht Club Races -Lower Lake 2:00 PM It II It II II 2:00 PM II II II Upper Lake Sundays 10:00 AM Yacht Club Races -Lower Lake 10:30 AM II II II Upper Lake 1:30 PM II It II Lower Lake Mondays 6:30 PM Yacht Club Races -Lower Lake Tuesdays 6:00 PM Yacht Club Races -Lower Lake Wednesdays 5:30 PM Wednesday Night Bass Tournemer (beginning 6/13) 6:00 PM Yacht Club Races -Lower Lake 6:30 PM II II II Upper Lake Thursdays 6:15 PM Yacht Club Races -Lower Lake Fridays 6:00 PM Yacht Club Races -Lower Lake OTHER SCHEDULED EVENTS Saturday 2 10:30 AM Yacht Club Races -Upper Lake Friday 8 6:30 PM Yacht Club Races -Upper Lake 6:30 PM It II II Lower Lake Saturday 9 5:30 AM Sunday 10 6:00 AM Mtka. Bass Classic - Spring Park Am. Scholarship Foundation bass Tournament Wawatosa Island Saturday 16 10:00 AM Minnetonka Crossing Sunday 17 11:00 AM Yacht Club Races - Lower Lake Mound City Days - Cooks Bay Fireworks at Dusk 5/30/90 1 5-3)-90 LAKE MINNETONKA CONSERVATION DISTRICT 473-:’033 MEETING SCHEDULE June 1990 Wednesday 6 Public Hearing on Management Plan, final review 1:00 pm - City of Minnetonka’s Community Room 7:00 pm - City of Minnetonka's Community Room 14600 Minnetonka Boulevard Saturday 9 Water Structures and Environmental Committee 7:15 am - Water Structures Committee (priority items only) 7:30 am - Lake Inspection, Water Structure and Lake Use Committees Monday 18 Lake Use Committee 7:00 pm - LMCD office, Wayzata depot Wednesday 20 Advisory Committee, Man;.a;ement Plan 7:00 pm - Tonka Bay City Hall Friday 22 Eurasian Water Milfoil Task Force 8:30 am - Freshwater Foundation, Navare Wednesday 27 LMCD Board of Directors' Regular Meeting 7:30 pm - Tonka Bay City Hall i LAKE MINNETONKA CONSERVATION DISTRICTLake Minnetonka Conservation District May 30, 1990 TO: LMCD Municipality Mayors and City Administrators RE: Lawn Sprinkling Regulations The continued drought has prompted some communities to establish lawn sprinkling regulations. Responsible use of our water re­ sources is most commendable. Your Lake Minnetonka Conservation District agrees with such a policy. Withdrawal of water from the lake appears to be a controversial matter, with both proponents and opponents. Although some agencies have established that residential withdrawal has a minimal effect, the LMCD believes it is only fair and prudent to subject shorelaiid residents to the same restrictions imposed on groundwater users from city wells. Therefore, we request that each Lake Minnetonka community include in its lawn sprinkling regulation a requirement that lakeshore homes drawing water from Lake Minnetonka be similarly required to conserve lake-water use on the same schedule as other city water use. In the event that your city has already implemented its 1990 lawn sprinkling regulations, we respectfully request that it consider an amendment to that ordinance to include water drawn from hikes. We thank you for your cooperation and consideration on this lake wate: conservation measure. We would welcome a copy of your lawn sprinkling regulations upon inclusion of the lake water provision. Sincerely, LAKE MINNTONKA CONSERVATION DISTRICT David H. Cochran Chair LAKE MINNETONKA CONSERVATION DISTRICT TOi Interested Agencies, Organizations and Individuals FROM* LMCD Advisory Conunittee and Board of Directors DATE: May 31, 1990 SUBJ: June 6 Public Hearing for the Lake Minnetonka Long Term Management Program A formal public response t. the Lake Minnetonka Long Term Management Program is scheduled for: 1:00 p.m. and 7:00 p.m., Wednesday, June 6 City of Minnetonka Community Room 14600 Minnetonka Boulevard This reminder notice serves to encourage your presence to hear the public testimony which Is expected to be offered, as well as formally present that of your own organization. Persons presenting comments are asked to bring two copies consnents%n writing for submission at the All comments will be entered into the record of this public review. All comments will be subsequently reviewed by ‘he«anagement study Advisory Committee, with final recommendations to be made LMCD Board by August. written comments will continue to »o accepted ™til the c^lose of business, 4*30 p.m., Monday, June , • p-or Lake mailed or hand-carried to the LMCD headquarters. 402 East Lake Street, Wayzata, MN 55391. Thank you for familiarizing yourself with the contents of the Long Term Management Program sent to you in April. ERS:JIm , tl. -■ : • KO- - Ti " ■■■ ■ ■ ..j ...... — . ■ . ' t; . . 1 . t ■: \ ■ - ■ .• • « •_ *. .<4, 41 • ■ '.idb- ■. ■7 t -a: • • v-r-.: I- ■ . . . . . . .. association ofmetropoiitanmunicipalities BULLETIN May 30, 1990 TO: ^^Member City Officials FROM: ^^|^2arry Bakken, President RE: 3 1 1990 ^ AMM LEGISLATI^^ POLICY COMMITTEES HELP DETERMINE THE AMM'S LEGISLATIVE POLICIES FOR THE NEXT BIENNIUM: We, as city officials, cannot afford to sit on the sidelines and be silent. There are many critical issues facing our cities now and we must let the Legislature know what we think are the best solutions. We can do this by participating in the AMM's Legislative Policy Development Process as a member of one of the AMM's Policy Committees. The Committees will start meeting the week of July 30th. - August 3rd. and will have a total of 4 or 5 meetings each and will finish by no later than September 15th. Please read 'Attachment A' for a brief description of the five standing policy committees. ACTION NEEDED TO BECOME A MEMBER: 1. If you were a member of a policy committee last year (1989) and wish to continue as a member of that same committee, no action on your part is needed. (You will automatically be continued as a member.) 2. If you were not a policy committees member last year but want to be a member, please fill out the attached form (on back of Attachment A) and return to Carol Williams, AMM, 183 University Ave., East, St. Paul, MN. 55101. 3. If you were a Policy Committee member last year but would like to change to a different committee, please call Roger Peterson or Vern Peterson at 227-4008 and indicate your new committee choice. THE BOARD WTIJ., EE MAKING THE APPOINTMENTS IN LATE JUNE SO PLEASE MAKE YOUR INTENTIONS lUiOWN BY NO LATER THAN JUNE 21, 1990. LAST CHANCE FOR RTB ADVISORY COMMITTEE: Two earlier AMM Bulletins (March 21 and April 10) requested that 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 interested City Officials (both elective and administrative) volunteer to serve on this very important Advisory Committee which is about to be established by Mike Ehrlichmann, RTB Chair. Mike made a personal appeal at our May 16th. AMM Annual Meeting for more volunteers and indicated that he places a very high priority on establishing such a committee. Our office has received the names of several officials but more volunteers are needed from throughout the area especially from Dakota, Washington, and suburban Hennepin Counties. IF YOU OR SOMEONE FROM YOUR CITY WOULD LIKE TO BE A MEMBER OF THIS COMMITTEE, PLEASE CONTACT EITHER ROGER PETERSON OR VERN PETERSON IN THE AMM OFFICE WITHIN THE NEXT COUPLE OF WEEKS (227-4008). DISTRIBUTION NOTE: This Bulletin has been mailed to member Mayors, Councilmembers and Managers/Administrators individually. We would appreciate it if the City Manager or Administrator would duplicate and provide copies of this bulletin to other city employees who might like to serve on a policy committee. Thank you. ATTACHMENT A amm legislative policy committee descriptions 1. metropolitan agencies committee Considers legislative issues and other policy issues related to the Metropolitan Council and Metropolitan Agencies. The Committee monitors the structure and relationship between the regional entities and local units of government and reviews amendments to Metropolitan Development Guide Policy Chapters or any new chapters developed. The Committee has previously developed policy on land use planning, metropolitan significance, solid waste management. Met Council selection process, etc. It also reviews the Council's yearly budget. 2. MUNICIPAL REVENUES COMMITTEE Considers any matter concerning city revenues, property taxes, and city expenditures. Including state aid formulas, state aid dollars, levy limits, property tax assessments, fiscal disparities, etc. The Committee will be looking very carefully at the effects of the 1990 omnibus tax bill as well as net tax capacity rates and the balance of aids/credits among regions of the state. 3. HOUSING AND ECONOMIC DEVELOPMENT Considers all issues related to economic development and housing including subsidized housing, affordable housing, and activities of the Metropolitan HRA. Reviews all amendments to the Metropolitan Council's Housing Guide Policy Chapter with particular emphasis on low and moderate income housing concerns. Will review proposals dealing with EDA's, HRA's, Tax Increment Financing (TIF) and Development authorities. 4. TRANSPORTATION COMMITTEE Considers all major issues related to air and surface transportation including funding sources at all governmental levels. The ten (10) elected officials who represent the AMM on the Transportation Advisory Board (TAB) and the eight (8) city staff officials who represent the AMM on the Technical Advisory Conmiittee (TAC) are encouraged to be members of this Committee along with other city officials. 5. GENERAL LEGISLATION COMMITTEE Considers other issues which have impact on metropolitan area cities outside the scope of other AMM committees. In the past, this Committee developed policy on municipal self insurance, municipal consolidation, pensions, cable communications, PELRA Amendments, Comparable Worth, etc. NAME. POLICY COMMITTEE SIGN-UP FORM (Please return by not later than June 21st.) _ _ _ _ _ _ _ _ _ _ _ _ _ CITY TITLE_ _ _ _ _ _ _ _ _ _ CITY_ _ _ _ _ _ _ _ _ _ _ _ _ PREFERRED MAILING ADDRESS (street) (city) PREFERRED TELEPHONE CONTACT NUMBER (zip code) PLEASE INDICATE COMMITTEE CHOICE (1ST. AND 2ND.) Municipal Revenues Metropolitan Agencies Housing and Economic Development General Legislation Transportation SUGGESTED ISSUES TO BE STUDIED PLEASE RETURN TO: Association of Metropolitan Municipalities 183 University Ave., East St. Paul, Minnesota 55101 Att: Carol Williams association ofmetropolitan municipalities May 25, 1990 TO: Chief Administrative Official AMM Member Cities Enclosed is a copy of the 1990 Elected Officials Salary Survey prepared c.rd distributed by the Association of Metropolitan Municipalities (AMM). Please direct any questions regarding this survey to Carol Williams in the AMM office (227-4008) . We thank each of you for providng the information which made the enclosed survey possible. Sincerely, i/j- -- Vern Peterson, Executive Director Association of Metropolitan Municipalities VP/cw enc.l. 183 university avenue east. st. paul, minnesota 55101 (612) 227-4008 OOD o2.y ill •f Cfl 0) >*u (0a •H 0 •Hc 1 C flj •H > < (0 < o H &4 d. 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I HELD ON MAY 15, 1990 CITY OP ORONO The regular meeting of the School Board of Orono Independent Wlfyl 278 was held on Tuesday, May 15, 1990. Present: Dave McKown Kitty Crosby James Franklin Absent: Don Anderson John Maresh Lucie Taylor Thomas Mich William Fenholt UPON MOTION by Jim Franklin, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the April 9, 1990 regular meeting; - approved the minutes of the April 12, 1990 special meeting; - approved the following coaches for spring sports: Eric Hanson, head base­ ball coach; Brian Bergstrom, assistant baseball coach; Kevin Sharpe, assistant baseball coach; Scott Zeidler, assistant softball coach; Tracy Nordstrom, assistant softball coach; Jane Schleisman, assistant tennis coach; Kevin Rose, assistant track coach; Matthew Laue, assistant track coach. Bill Greenwood, assistant track coach; , . . ^ - accepted the resignation of Fran Engstrom, Schumann Elementary teacher, effective at the end of the 1991-92 school year; - accepted the resignation of Robert Neumann, high school foreign language teacher, effective at the end of the 1991-92 school year; - approved a shared time position for Fran Engstrom, September, 1990 - - accepted^We’ resignation of LaVon Determan, high school cook, effective - accepted^^the resignation of Mary Eisinger, Schumann Elementary health clerk, effective June 7, 1990; rr *•- accepted the resignation of Alvin Felt, high school custodian, effective - app?oJed^the’appointment of Steve Fedie as Athletic Director for the Orono School District beginning with the 1990-91 school year; - approved the hiring of a child care program coordinator for planning pur­ poses on an hourly basis, with full time employment beginning one week before the beginning of the 1990-91 school year; - that the Board of Education declare its intention to develop projects which expand and improve the educational programs of the District, and said Board authorizes Dr. Thomas B. Mich, Superintendent of Schools or his designee, to execute and file application for and in behalf of the school district, and otherwise to act as its authorized representative in state and federally funded programs and that the Board declare its intention to comply with all of the requirements set forth in the "Applicant Statement of Assurances"; - approved the Activity Fund Report for the third quarter, 1989-90; - approved the Treasurer's Reports for February and March, 1990; - approved the bills as covered by vouchers 065842 through 066101 and building construction bills as covered by vouchers 1016 through 1021; - approved the minutes of the Board Workshop, April 30, 1990. UPON MOTION by Lucie Taylor, seconded by John Maresh, the Board of Education accepted the second low bid of Northland Mechanical Contractors for the new building construction, the low bidder having not been approved due to lack of bid and performance bonds. Dr. Mich reported that the Awards Ceremony at the high school will be on Cable Television for those who were unable to attend; that he wanted to express appreciation to Kitty Crosby for all of her work on the Orono Scholarship program; that a professional day was held on April 13 with continued work on a future vision for the school district and an inspirational address by Jackie Phlug and that he wanted to express appreciation to the Staff Development Committee for their work in organizing this workshop day; that curriculum identification/learner outcome booklets will be available to parents with stu­ dents in grades 1-4 which will specify the intention of the curriculum and program of studies; that the firm of Roy Anderson and Associates has been engaged to do a topographical study and an initial site plan for the acreage that the district is purchasing across Old Crystal Bay Road and also a site plan for the existing campus; that on May 16, Tony Bouza will speak at the high school audsDrium, a fund-raising event sponsored by the Orono Education Fund Committee; chat a photo of the new building is available for Board members to review; that safety of the students has been of primary importance during this construction time and a former teacher has been hired to monitor the children as they cross the street leading to the construction; that the district is featuring "lunch on the house" for the students and teachers of the elementary school and the intermediate/middle school for their tolerance with regard to the noise and distractions of the construction; that the reception honoring Marvel Bongart is Sunday, May 20 from 2:00 - 4:30 p.m. at Schumann Elementary; that on June 8 the Retirement/Recognition Breakfast will be held at the Lafayette Club; that a child care survey has been held in connection with the Board approved child care program that is being established and the survey indicates a strong interest in this program. UPON MOTION by Jim Franklin, seconded by Lucie Taylor, the Board of Education approved the summer projects as follows: Middle School Roof Repair Middle School Tennis Court Refurbishment Air Condition High School Auditorium Replacement of Gas-Oil Burner at O.P.S. and directed administration to call for bids as necessary. The Board of Education received the 1989-90 Operating Budget and 1990-91 Preliminary Budget for review with discussion to take place at the May 29, 1990 meeting. Jim Franklin expressed appreciation to Bill Fenholt and his staff for all of their work in putting this document together. Kitty Crosby MOVED the following resolution: BE IT RESOLVED by the School Board of Independent School District No. 278, as follows: 1, It is hereby found, determined and declared that the general election of the voters of this district held on May 15 , 19 90^ was in all respects duly and legally called and held. 2. As specified in the attached Abstract and Return of Votes Cast, a total of 607 voters of the district voted at said election on the election of two school board members for three year term vacancies on the board caused by expiration of term on July 1 next following the general elec­ tion as follows: Don A. Anderson Ann A. Cosgrove Katie Dayton Julie A. Erickson Maryanna Massey Peg Swanson 280 189 183 343 3. Don A. Anderson 4. and Peg Swanson highest number of votes, areelected July 1, 1990. _ _ _ _ _ _ having received the to three year terms beginning The school district clerk is hereby authorized to certify the results of the election to the county auditor of each county in which the school district is located in whole or in part. Jim Franklin seconded the motion. Carried unanimously. The Board expressed congratulations to Don Anderson and Peg Swanson on their election and expressed appreciation to all the candidates for their commitment to the district and the community shown by their willingness to become a can­ didate for the School Board and also for the work/efforts they have all put forth in the past few weeks. A special meeting of the Board of Education will be held on Wednesday, May 23, 1990 at 7:00 a.m. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the meeting was adjourned. Dave McKown, Chairman Katherine P. Crosby, Cler International Tours* of Long Lake Long Lake Town Center • 1865 W Wayzata Btvd. • P.O. Box 380 • Long Lake. Mt^55356 (612) 476-1714 June 4, 1990 James R. Grabek Mayor City of Orono P. 0. Box 66 Crystal Bay MN 55323 Dear Mr. Grabek; Thank you so much for your support and that of the Council for the appointment to the planning commission. I accept and assure you that I will work very hard. I have received copies of the Orono City Plan and the building and zoning codes and will be doing a lot of reading. I look forward to working with the Council the other members of the Planning Commission and the city staff. Sincerely, -- -- Candace E. Rowlette International Tours CC: City Council Planning Commission Jeanne Mabusth, Building and Zoning Administrator IrsvsIlnaT wsVs r CITY OF QROtMQ CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323• Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Mr. Rollie Martin 2675 Shadywood Road Excelsior, MN 55331 Dear Mr. Martin, on behalf of the City Council, I would like willingness to serve the community. The Council and staff regrets you are moving and hope you can assist in your new community. BUILDING * ZONING - 473-7357 assessing ADMLNISTRATION a finance - 473-7358 FAX-4734)510 PUBLIC WORKS - 473-7359 CITY OF OROMO CITYof ORONO Post OfTice Box 66 •Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Mr. Ralph C. Bagley 1105 West Ferndale Road Wayzata, MN 55391 Dear Mr. Bagley, On behalf of the City Council, I would like to take this opportunity to thank you for applying for the^ position of Planning Commission member. The selection of an individual to fill these positions was extremely difficult. At the Council’s May 29, 1990, meeting Council re-appointed Jeff Johnson and appointed Candace Rowlette. We appreciate your attendance and presentation to the Council and are appreciative of your willingness to serve the community. We have directed the City Administrator to retain your name on file for consideration for future positions with the City. Again, Council would like to thank you for your strong interest in and service to your community. Should you have any questions please feel free to contact either Mark Bernhardson or myself. Sincerely James R. Grabek rayor JRG/dh CCS City Council BUILDING k ZONING - 47? A5SliSSING ADMINISTRATION k RNANCE - 473-7358 FAX-4734)510 PUBLIC WORKS - m^ns9 I CITY OF ORONQ CITY of ORONO Post Office Box 66 • Crystal Bay, Minneaot** 55323 • Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Mr. Randy Weestrand 525 Orchard Park Road Long Laker MN 55356 Dear Mr. Weestr«. On behalf of the City Council, I would like opportunity to thank you for applying ^^®. , Planning Commission member. The selection of an fill these positions was extremely difficult. At the Council May 29, 1990, meeting Council re-appointed Jeff Johnson and appointed Candace Rowlette. We appreciate your ®“®"‘^®"°® presentation to the Council and are aPP'^®=i®“^® willingntss to serve the community. We have directed the City Administrate! to retain your name on file for consideration f future positions with the City. Again, Council would like to thank you for yo^r strong interest in and service to your community. Should you have any questions please feel free to contact either Mark Bernhardson or myself. Sincerely ^ames R. Grabek Mayor JRG/dh cc; City Council BUILDING a ZONING - 4TJ-7357 A^SFiiSlNG administration a rnance - <73-7358 FAX-473<»5I0 Pt^BUC WORKS - <73-7359 CITY OF ORONQ CITYof ORONO Post Office Box 66•Crystal Bay, Minnesota 55323• Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Mr. Stephen Johnston 900 North Shore Drive West Mound, MN 55364 Dear Mr. Johnston, On behalf of the City Council, I would like to take this opportunity to thank you for applying for the position of Planning Commission member. The selection of an individual to fill these positions was extremely difficult. At the Council s May 29, 1990, meeting Council re-appointed Jeff Johnson and appointed Candace Rowlette. We appreciate your attendance and presentation to the Council and are willingness to serve the community. We have directed the City Administrator to retain your name on file for consideration for future positions with the City. Again, Council would like to thank you for your strong interest in and service to your community. Should you have any questions please feel free to contact either Mark Bernhardson or myself. Sincerely, James R. Grabek Mayor jRG/dh cc: City Council BUILDING a ZONING - 473-7357 ASSESSING administration & nNANCE - 473-7358 FAX-47X)510 PUBLIC MORKS - 473-7359 CHY OF ORONO CITY of ORONO Post Office Box 66*CryaUl Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Susan D. Wilson 2485 North Shore Drive Wayzatdf MN 55391 Dear Mrs. Wilson, On behalf of the Council, I would like to take this ODDortunity to congratulate you on your appointment to the Paric CoLi^ion^effective May 14, 1990. Council felt that, a^ough there were well qualified candidates, you would be the most appropriate person to fill the appointment. The council, along with staff, look forward to working with you Sincerely iraes R. Grabek layor JRG/dh cc; City Council Park Commission ^ ^ John R. Gerhardson, Public Works Director BUILDING a ZONING - 473-7357 ASSESSING administration a finance - 473-7358 FAX-4734)510 PUBLIC WORKS - 473-7359 CITY of ORONO Post Omce Box 66•Crystal Bay, Mumesota 55323 • Muninpal Officaa On the North Shore of Lake Minnetonka June 1, 1990 Mr. Jeff Johnson 3825 Cherry Avenue Mound, MN 55364 Dear Jeff, On behalf of the Council, I would like to take this opportunity to congratulate you on your re-appointraent to the Planning Commission effective May 29, 1990. The Council, together with staff, continued working relationship. Sincerely, look forward to the CITY OF ORONa CITY of ORONO Post Office Box 66-CrysUl Bay, Minneaoto 55323•Municipal Officea On the North Shore of Lake Minnetonka June 1, 1990 Candace E. Rowlette 3775 Bayside Road Long Lake, MN 55356 Dear Mr. Rowlette, on behalf of the Council of the City of Orono, I would like to take this opportunity to congratulate you to the Planning Commission effective May 29, 1990. Council felt that, although there were well qualified candidates, you would be the roost appropriate person to fill the appointment. you The Council together with staff look forward to working with I Sincerely, imes R. Grabek Mayor JRG/dh cc; City Council Jeanne'^Mabusth? Building and Zoning Administrator BUUJDING Sl zoning - 47V7357 ASSESSING administration a RNANCE - <73-7358 FAX-4734)510 PUBUC WORKS - <73-7359 CITY- OF ORONa CITYof ORONO Post Office Box 66•Crystal Bay, MinnesoU 55323• Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Steve Gardiner 3770 Bayside Road Long Lake, MN 55356 Dear Mr. Gardiner, On behalf of the City Council I would like to take this opportunity to thank you for applying for the position of Park Commission member. The selection of an individual to fill this position was a difficult decisior. At the Council's May 14, 1990, meeting Council appointed Susan Wilson. We appreciate your attendance and presentation to the Council and are appreciative of your willingness to serve the community. We have directed the City Administrator to retain your name on file for consideration for future positions with the City. Again, Council would like to thank you for your strong interest in and service to your community. Should you have any questions please feel free to contact either Mark Bernhardson or myself. Sincerely idmes R. Grabek Mayor JRG/dh cc; City Council BUILDING & ZONING - 473-7357 ASSESSLNG ADMINISTRATION A RNANCE - 473-7358 FAX-4734)510 PUBLIC WORKS - 473-7359 \\ CITY OF ORONa CITYofOROXO Post Office Box 66•Crystal Bay, Minneaou 55323•Municipal Offices On the North Shore of Lake Minnetonka June 1, 1990 Sherokee Use 3630 Eileen Street Maple Plain, MN 55359 Dear Mrs. Use, On behalf of the City Council I would like to take this opportunity to thank you for applying for the position of Park Commission member. The selection of an individual to fill this position was a difficult decision. At the Council's May 14, 1990, meeting Council appointed Susan Wilson. We appreciate your attendance and presentation to the Council and are appreciative of your willingness to serve the community. We have directed the City Administrator to retain your name on file for consideration for future positions with the City. Again, Council would like to thank you for your strong interest in an'' service to your community. Should you have any questions please feel free to contact either Mark Bernhardson or myself. JRG/dh cc: City Council BUILDING i ZONING - 473-7357 ASSESSING ADMlNISnunON A RNANCE - 473-7358 FAX-4734)510 PUBUC WORKS - 473-7359 ‘rl ft CITY CITYofORONO Post Office Box 66* Crystal Bay, Minnesota 55323 • Municipal Offices OF ORONO On the North Shore of Lake Minnetonka June 5, 1990 Mr. & Mrs. Gregory Peterson 1355 Arbor Street Hayzata, MN 55391 Re: Reconsideration of Application #1445 Dear Mr. & Mrs. Peterson; The City is in receipt of your letter received this office May 25, 1990 requesting an extension of the June 30th deadline for the submittal of the revised fencing plans. This would appear to be no problem on the part of the City as the fencing located within the right-of-way has been removed prior to the June 30, 19 90 deadline. Your fencing plans have been submitted and will be placed on the Council agenda for the July 23, 199U meeting. Based on the schedule set forth in y°“f referenced letter, it appears you will be back in the ’'"fted States in early July. If the July 23rd meeting creates a conflict with your summer schedule, please advise my office at your earliest convenience. As to the issue whether the Council has formally acted on the portions of the new fencing already installed in the nort and south side yards of your property, I have enclosed a copy of the Council minutes of December 11, 1989. It would be staff s interpretation of the Council's recommendation on Page 10 of those minutes that all other proposed fencing outside of privacy fence allowed to be reinstalled parallel to Briar Street has not been included with this approval. Council has asked to the applicants to submit a "plan to the City for the remainder of the fencing on the property". As your letter suggests, this may be a moot point when the Council acts on your fencing proposal. review appears to be very adequate. c qeakm^ A. Mabusth, Btiilding & Zoning Administrator JAM/tln cc; Mark E. Bernhardson, City Administrator Mayor Grabek & Orono Council Members BtlLDINC* ZONING-473-7J57 • ADMINISTRATION & FINANCE - 473-735S • PL’BLIC WORKS - 473-7359 ASSESSING fax - 473-0510 rono Pollc DepaFtmoit M.H. Kilbo Chitf of Police Administracion 473-7710 Non-Emergency 544-9511 Emergency 9 11 P.O. Box 86 Crystal Bay. MN 55323 445 Willow Drive Long Lake, MN SS356 June 7, 1990 Mr. Trov Denneson 2445 Cty. Rd. 90 Maple Plain, MN 55359 Dear Troy, I am writing to tell you how much I appreciate your alertness on June 4th, 1990, v/hile you were on patrol as a CSO. You observed two different arouos of young adults in the area of the Orono Hiah School and called in reoular police units, who with your assistance, arrested four young adults for curfew violations. These people were ready to vandalize the school property. It was also brought to my attention you did the same thina last year! This is work of high quality, bringing credit to you and the Department. This letter will be sent to the Orono Council and also will be put in your file. Thank you! Sincerely, Melvin Kilbo Chief of Police MK:sb rar.. ^ontirn */or*h »-il-n nomm t I nUn »^Pn-tnh f>nri ^prinn Pf^rlf ..... . ~ - , ______ _________________________ MINNEAPOLIS POLICE DEPARTMENT ROOM 130. CITY HALL MINNEAPOLIS. MINNESOTA 55415 JOHNT LAUX CHIEF OF POLICE (612) 348-2853 lT June 4, 1990 Dear Chief Mel Kilbo, You are cordially invited to attend the graduation ceremony for the spring class of 1990. The graduation will be held on Thursday June 14. 1990 at 12 o'clock noon. It will be held at the Minneapolis Canine Training Center located by the Camden Bridge. A map is enclosed giving directions to the location. In case of inclement weather the ceremony will be cancelled. Sincerely, Ron Johnson Trainer, Minneapolis K-9 Unit RJrbas P.S. Any questions call 612-348-2064 AFFIRMATIVE ACTION EMPLOYER —I ij TTY/VOICE (6121 348-2157 X In . « -1 *. • / X I PI fyr^l tin:: I f^l FmmPrp ill* I o w o 'fN tjL^ i|-A \ rrv >'IP?^ »^r'’ 11^^ fi i I'v*' iri> I •-': FI |_ 11 I h Cin r-^'T r.‘!':.~ - ■' ' 1.1 rrr II ii n ;y JH —IIII I pi I i I E' ’lIl'T ■ k«| I limfiLiitw^ FHONt; 51 L II 1*! nT_ .1 I tr^rjl. I I I !•— It f I w I k\ h m (T. I -------- I i < C»—ill. y»IH1?li |1< ‘t‘Ei ii-li3I Xllig^^iTTelfV^T^ ^ ff Lffllpirn ii Pr^rx:z "»vt r ^ »r ir-.. .V :*.* MINNEAPOLIS POLICE DEPARTMENT ROOV 120. CIT- HALL MINNEAPOLIS. NNESOTA 554:5 JOHN T LAUX CHIEF OF POLICE (612i 348-2853 (SiSfilfUMS Tf vou are approaching Minneapolis fr:«n the north ur south take.interstate hwy 94.If you^are coming from^the north exit :n Dowling Avenue and go right to Lyndale Ave. Take another right and proceed to the lamden Bridge which is also called 42nd Ave. No. This is a blue bridge which you will Uke a right on going over the bridge and take the first driveway to the left when you gee over the bridge and follow it ' ito the kennel. If vou are coming from the south exit tn Dowling Ave. take a left goi uver the freeway CO Lyndale Avenue, take a right and priceed to the Camden bridge or w« .^t\ is also called 42nd Ave. North This is a blue bridge which you will take a right on going over the bridge and take the first driveway to che left when you get over the bridge an^j follow it into the kennel. AFFtav.ATIVE ACTC*. EMPLOYER u %•r/L m,vo:£iei2 -as-::: A A iiH? -.;v : •;mil ■ -r - ■'B r- t< msm Bii ■li .Ifi «ili«ippm-- mmmmmm mm Bili^ilim«-m afeaPli KfcSSifei* itii■MMmsmill-:#mmmm 35, :i;. j r.-*=3Er-t=-.-“'ii.- IlliSI^ m mm ELECTRKAL POWER SERVICE AREAS Q NORTHERN STATES POWER CO. Q WRIGHT-HENNEPIN CO-OP ELECTRIC ASSOCIATION i^RPon .North of Line - NSP Long Lake Service Center South of Line - NSP Excelsior Service Center mz "A City of Qrpno^ A/Unnesota t- 'imm: r 01^^ &-I dnujr\ i^ts 26S-S" Jtov r>\>^ 5 03? ■3rA : :1 ■is /;av a-' Kt'A'a.'*. ■ '-^a ' ■ ' , I ■ , ■ "'J .*•; i'i si^sa,-, ^sasar' ■- .................' ' '//*!<✓ «^J/tnn Uvj #1510 I ["[✓-S*/6yt i •■.__ - —_ -If . ^ ‘ rttV—“J|zn .-1 • ■ ___________ jAi ■iis^“ ftoV- ■f/o’o* A/4vf^ ----^ Tr1“^y 1 „tL_JJ,,\ ■i::i □.J r " . * w‘ Crtvi o*=lfc^ €lC'o- II 1 1 H ------------- -----— —a o1 ■'h ■<,ail nriL 1 E ]— , "■ ■"■ -11 h,\>-1 ’4L -3'4^ LM(£ £d£l/AT/0A^ :^c4;c /thf'Cs '' f? ) r-r\Y ff^ A . m ■ -V■?s;3-- ■ ■•']^'y:~- "-r.,#1510' (>'i I fewi- i I-rI' X?r'0 i^l4 ^/<.t/s>ir mi^ vX""'li*;Siliii;: mm'Mim.mrn^mmmmmmm ..•.»'.>,.....h'il^ _ ^.:d jk:-«5t P'' '■^11 i% ...>:• PMA) Kta«»cucc.•««• 1 2PUKRENroi eURDCRS JT ■ntMtM«iMB4«cwm * •ntM imimm m tin / /,/ ■ ■■ ^<*XJ-|J</ i J-^3V/3'= K • «?o 'X s #6» ‘ L » /^V/y' = ow^ Z<xr Q«V r/u<i aUiK,: T^'V. 2ii)' T^rat (f*) 3i'tiv'A -M'tu, ft ttjn'Kt 4nnfi*(a. ^wu*t SifViiO O'*/ II S' i|; M. ^m Ai % M If; ff*'' |D g;a;5^5g ;r^^ 'T'V'vrf^yai^j-rS -.;■ -. ^yOSff^ ^ ys-zso' *^.e'/•P^/V/VJ 7S‘-250'= 5"/.C> % '/■ /JU. , SCA<^ /"=*3C) L?^'~v:i; J'’“' ■sr. ^ yzy.~ 0 p£yf/0 4^. 3 yS-'2SO ‘ r: ^LC^fc IIt- fro ‘=VrS:fr'f J W- ^ REVISIONS lATE by RE'/ISION N t CKO BY111V I hereby certify th»t this survey arcd under my supervision and that Licensed Land Surveyor under the prepan I a laws of the State of Wnnesol^ Theodore 0. Kemra ^Oate: License No. 17006^ ENGINEERS • SURVEYORS 3-PLANNERS • SOIL TESTING 10550 WAYZATA BLVO. MINNETONKA. MN. 55343 (6121 548-7601 CLIENT OoNf^LO Scott / LOCATION 0/^ONO , M/A/A/. t' - ----- 5.Ml PROJECT NO, £l4G2 '001 rnAmWm a'.: ifegs^A^ S^Mmmm 1^^ R","->:S-'. ~"-ife:--ir“ mi If f* ■ ■ ^ ^ ^ • :rjpliaalli^ I i'-^< mmm ^■'ur' ;, .w^i: - f:-; i-iSillsfiis^PlliSis* teiSift5-r:BiSa..y;v Ba»*fcW ": "'IBiillffiF ■KAMI bnKn JmyAtm»f JmCOMnM. MWA.MIW o»<i.on.n. MILMM. TKomMl-Nqmn. «fcMIT.«M» unasiMmM. I /^4-4 CIMIII K. Cook CKCili Incl. Boncstroo Rosene Anderllk & Associates EngkiMn « ArcNMcts Itoj 14. 1990 City of Orono Box 60 Ctyttxl Ity. m SS323 Attai Ms. JoUBM Nabuttb ■•I Vila Ho. 139-1331 Kally Doac Jaanna, Va haaa raaiaaad tha propoaad Kally lot aubdlviaion on Caaco Point toad. Tha ■ajar concatn it tha draiaaga ditch along tha aouthaaat aida of Lot 2. Tha aaaaMnt along tha dcainaga ditch ahould ba 3 faat on aach aida. Conaar- ▼Atioa and drainage aaaaAantt ihould ba ahown to alavation 931.5. Drainage and utUity aaaaMnta ahould ba aboan along tha lot linaa. Plaaaa contact thia offlea if you hava any quaatlona. Youra vary truly, BOMESTROO, ROSCNK'. AHDERLIK & ASSOCIATES, IHC. 233S Watt Highway 36 • St. Paul. Mnnewta S5I13 • 6I2-636-4600 m mm - Vi B^fei!jrs»jsK piliiliIffSJisipglW! iSSiilllS s&'=... . • ...^, . ¥^mmmssism(SatftiSiiiai®THS nEM us IE£^ ■eMFUIED •/•|SS5®68'-' • ■ • • • cE O pWipaWfiatefMfsiiaSa rcprnc.o^,tp - ItoRl 0 tero.7 uid'’.“...!.V I**:'" ‘ Ti flCftloj 1» - c«, I 3_5_73 ® * I«>n aorkar r 8f,.,jp«pppP®P^