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12-10-1990 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 10, 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 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 1.7:00 P.M. PUBLIC HEARING - Navarre Heights Storm .5ewer 2.CONSENT AGENDA* DEC 10 1990APPROVAL OF MINUTES * 3. Regular Meeting of November 26, 1990 Qjjy Qp Q|{Q|fQ PLANNING COMMISSION COMMENTS - Maureen Bellows Representative« PUBLIC COMMENTS - (Limit 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. 4, #1334 Rebers Construction, Sugarwoods Plat - Proposed Amendment to PRD 5.#1473 Jacquelyn Kelly, 2056 Shadywood Road - After-the-Fact Variance *6. #1475 John McDowell, 4105 Bayside Road - Final Subdivision Approval - Resolution 7.#1521 Steven Lombardozi, 115 Did Crystal Bay Road North - Preliminary Subdivision - Resolution 8.#1584 Robert Radunz, 1066 Loma Linda - After-the-Fact Variance 9.#1601 Weldon & Phyllis Dunn, 40 Stubbs Bay Road South - Variance *10. #1602 Don Copley, 1185 Tonakawa Road - Renewal Variance - Resolution 11.#1603 Irwin Jacobs, 1700 Shoreline Drive - Variance - Resolution MATOR/COUNCIL REPORT ENGINEER'S REPORT 12.Pay Request #2, Pumphouse #3 13.Pay Request #2, Lift Station #8 ♦14.Final Payment - 1990 Sealcoating ♦15.Change Order #1 - Pumphouse #3 ♦15a. Pay Request #3 - Highway 12 Sewer and Water Restoration CITT ADMINISTRATOR'S REPORT 16.LMCD Shoreland Regulations 17.Highway 12 Corridor Study 18.West Hennepin Human Services Appointment AGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 10, 1990, 7:00 P.M. CITY ADMINISTRATOR’S REPORT - Continued 19. Hazardous Building - 2140 Prospect Avenue - Resolution 1991 Compensation Adjustment - Resolution Notice of Retirement Building Official/Salary Adjustment Lyle Oman Police Officer - Temporary Appointment Extension of Unpaid Leave of Absence - Jamie Bosma Tax Forfeited Property - Resolutions Council Selection Process 1991 Fee Ordinance and Summary Publication Authorization to Disburse City Funds for Claims Received 1990 Inter fund Transfers and Loan Payments Administrator’s Information Rules of Criminal Procedure Clean-Up Status. October Receipts and Disbursements Wire Transfers Goals and Objectives 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. CITY ATTORNEY’S REPORT LICENSES (31*) BILLS (32*) UPCOMING ISSUES AND EVENTS 12/10 - Council Meeting - Last Scheduled Meeting fcr 1990 Planning Commission Work Session Reconvened Public Hearing 1991 Budget 7:00 P.M. Christmas Eve Day - Office Closed Holiday - Christmas Council Meeting - Oath of Office for NewLy Elected Members Holiday - Martin Luther King Day Planning Commission - Tuesday Council Meeting 12/17 12/18 12/24 12/25 01/14 01/21 01/22 01/28 CITY OF ORONO NAME OR NUMBER 12490.3 To: Mayor Grabek & Orono Council Members Prom: Mark E. Bernhardson, City Administrator Date: December 4, 1990 Subject: Navarre Heights Storm Sewer Attachment - A - Navarre Heights Drainage Memo dtd 11/8/90 Issue - eOUNCil MctTiNG 0£C 10 1990 CITY OF ORONO 1. Hold a project public hearing for the proposed public project. 2. Determine if Council decides to proceed further with the project. 3. If Council decides to proceed further, that they accept the plans and specifications as presented and direct staff to seek bids on the project. 4. Authorization to resolve the drainage problem on Togo Road. Introduction - At the November 13, 1990 Council meeting, they directed that plans and specifications be prepared and that a public hearing be established for December 10, 1990 for the project. Ir. was indicated at that time that the public hearing would be the project public hearing at which the City Engineer would explain, based on the plans and specifications developed, the project as outlined. Discussion - At the public hearing, residents again may present the fact, as noted in Attachment B, that the majority of the residents remain in opposition to the project. In the mean time. City staff has been out on site and had a temporary swale constructed on the property to help alleviate the problem for spring runoff. Issue #3 - Should the Council decide to proceed with this project, the following steps would need to be taken: 1. Advertisement for bids. 2. Receipt of bids. 3. Assessment hearing. i' - i‘ • Navarre Heights Storm Sewer December 4, 1990 Page 2 of ^ 4. Wait 30 days to determine level of appeals. 5. Determine if Council wants to order the project after the appeal period. Should Council decide not to proceed with the project, they have the ability to cancel the assessment. As far as Togo Road is concerned, staff should continue to work with the residents to alleviate the problem at the most cost effective way. Alternatives - 1. Hold a public hearing. 2. Close a public hearing. 3. Continue the public hearing. Issue #2 #3 - Continuation of Project 1. Table. 2. Direct that plans and specifications be accepted and bids be taken. 3. Indicate that no further work be done on the project. Issue #4 - Togo Road 1. Table for further discussion. 2. Direct staff to develop other alternatives. Recommendation - It is recommended that following the public hearing. Council direct staff regarding continuation of the project. If Council desires to continue the project, it is recommended that they direct staff to take bids for the project establishing an assessment hearing for the January 28, 199. Council meeting. In addition, it is recommended that the Council direct staff to undertake the necessary minor corrections under Togo Road to assist in that project. Proposed Motion; Moved by seconded by that the Council, having held a public hearing, direct staff as to the direction to be undertaken regarding the Navarre Heights Drainage Project together with Togo Road improvements. Ayes _ _, nays cc: Karen Cuf*^ 3572 Livingston Ave, Wayzata Tony Gleekel, 100 Washington Sq Bldg, Mpls 55401 John Gerhardson, Public Works Director Glenn Cook, City Engineer i 3 7 ^ TO: Mayor and City Council > ' r FROM: Mark E. Bernhardson, City Administrator ’ ^ DATE: November 8, 1990 SUBJECT: Navarre Heights Drainage 'iijv l:i :'-n ■'7<V0F Q:^UQ Attachment: ISSUE - A. Navarre Heights Drainage Memo Dated 10/17/90 B. Map of Navarre Heights/Togo Area (To be submitted on 11/13/90) C. Sketch of Navarre Heights/Togo Road Area 1. Determine nature of drainage problem in Togo Road. 2. Determine if Navarre Heights drainage proposal has any impact on Togo situation. 3. Determine if Council wants to set the project public hearing for its November 26th agenda. INTRODUCTION - At the Council's October 22, 1990 meeting at a formal comments section on the Navarre Heights drainage the question was raised regarding what impact this project would have on Togo Road. To this time it was the staff’s understanding that drainage did not go down to the Togo Road area, but the Navarre Heights was tabled to determine further information on this subject. DISCUSSION - Drainage Issues on Togo Road - The issues for drainage in this sub-drainage basin include: - Drainage coming from the culvert under the railroad tracks from up by Navarre Heights - What impact the filling of a ditch and an improperly constructed tile line had on the south side of Togo Road - Determine the impact of the narrowing of the ditch on the north side of Togo Road to create a boat storage pad had on the drainage in the area While there is an old tile line on the south side of the railroad tracks going towards Togo Road, the Engineer is currently not able to locate an outlet and feels that only about 10% may go down to Togo. The City could look at pluging the tile line inlet if this is a contributing factor on Togo. The principle reason for ponding in the Togo Road area appears to be the filling in of a ditch and a poorly constructed tile line together with the fact that the lands in the area going into the lake drain rather slowly. Issue #2 - Imoact of Navarre Heights on Togo Road - Whi?e the ti le irne“does exist towards Togo, as noted above, the water from Navarre Heights dissipates through a combination of drainage towards Crystal Place and down towards the lake and evaporation from the area on the north side of the tracks, while this area needs to be cleaned out, this would be appropriate regardless of whether the Navarre Heights project were developed or not. It is estimated that this project could be done by a City crew in 2 days. The question related to Navarre Heights impact on Togo Road is dependent on whether, with the proposed project in place, the water would move more quickly down to the ponding area by the railroad tracks at a faster rate ..nd, if in fact, that would create a greater overflow of watv=r through the' culvert down towards Togo Road. Based on elevations and estimated volume of water from Livingston, it does not appear that this will have an appreciable negative impact and, in fact, a sealing of this tile line could be an option. Public Hearing - If the Council decides to further pursue the Navarre Heights project, a public hearing could be set for the November 26th meeting at which time plans a^c specs would be completed and the project would be outlined by the Engineer, notices put in both the paper and sent to the individual property owners and then the Council deciding whether they need to undertake the project or not. One issue raised at the October 22nd meeting was, at the point the Council orders the project, whether they need a 3/5*s or 4/5's vote. It is the City Attorney's initial opinion at the last meeting that given the removal of the signatures, it would require a 4/5's vote to proceed in ordering the project. As you will note in the project schedule, which is Attachment C, that this actual ordering of the project would be after bids were taken, the assessment hearing held and the number of appeal waivers determined. ALTERNATIVES 1. Drainage on Togo - 1. Accept the informati 2. Direct Engineer to develop a storm plan for this area 3. Recommend individual property owners reinstate previously existing drainage using swales etc. 4. Tak^ no action 5. Table for further discussion 2. Impact of this project on Togo 1. Accept the information 2. Request further information 3. Table for further discussion 4. Take no action 3. Public Hearing 1. Set the public project hearing for November 26, 1990 2. Table for further discussion 3. Take no action RECOMMENDATION - It is recommended that the City be available to the neighborhood when they attempt to reinstate existing drainageways that were improperly filled. it is further recommended that the project in Navarre Heights proceed forward with plans and specs, establishing a public hearing for November 26, 1990. This is based on the fact that tl'.ere seems to be little relationship between the two, and in fact this relationship could be severed. It is further directed that staff, as part of the project, work to clean out the necessary drainage downstream towards County Road 19 from the railroad tracks to allow drainage to flow freely by the time the new project is installed. PROPOSED MOTION - Moved by seconded by Council accept the information regarding the drainage issue on Togo Road in its relationship to Navarre Heights and that Council establishes a public hearing for November 26, 1990 and further directs staff to be available for neighbors to restore previously existing drainageways and that staff also schedule cleaning of drainage downstream from the railroad tracks towards County Road 19 to allow more expeditious flow of the waters from the area. Ayes __, Nays __. Karen Cuff, 3572 Livingston Avenue, Wayzata Tony Gleekel, 100 Washington Square Bldg, 55401 John R. Gerhardson, Public Works Director Glenn Cook, City Engineer OTY OF ORONO notice of public hearing I ' A public hearing will be corvducted on Oe I ceinber 10. 1990. at 7 00 p m •»' the Of«io I Council ChWTibera. 1276 Brown Road South The public hearing is for the purpose of con ' Sidertng an underground storm sewer system ! for Navarre Heights generally described as i those properties east oi Blame Anewe trorth t of tvrir Av«ni«» south of Crystal P'ace .md west of Shadywood Roed (County Roed 19) Engineers estimated coat of thla protect is $32,000 Such persons as desire to be hoard with reference to the proposed improvement will be heard at this meettrtg /s/Dorothy M. HaPin City Cterh (Published in the Laker and Pioneer Nov 26 and Dec 3. 1990) Affidavit of Publication tnto of Minnesota, County of Hennepin *jill Holm, being duly sworn, on oath says that ho is an authorired cagent and employee of the publisher of the newspaper known as THE LAKEH. Mound. Min- fipsola, and has full know'ledne of the facts which are statr'd below A ) The new'Spaper has complied with all the require ments constituting qualifications as a quallfie'd newspaper, ns provided by Minnesota Stai 'te 331A 02. f33lAC7. and other applicable laws, ns amended. R ' The printed__^1.,./:/ / ■. ^y •J< c / which is attached was cut from the columns of said newspaper, and w-as printed and published once each w'eck for___ __successive weeks It was first rublished Monday. Iho ot 19 VC and was thereafter printed and published every Monday, to and Including Monday, the day of _ • **••*»•••• ■ ■ -------------------------------7\cfthO/' 1 marietta A s;0,AC. j ■! cacv 'm -.'v I ■'TVuthofi/ed Agent W - Subscribed and sworn to mo on this ____day of * - ‘ to*--. I / Notary Public Rate Information i 11 Lewoit ciassifl*- ' rale paid by commercial users for compara ble space *9 80 per Inch (21 Maximum rate allowed by law tor above mailer $0 80 per Inch (3) Rale actually chafQed for above matter: $5 20 per Inch. Each addition^ successive week: $3 38 per Inch r k.MXlMCbXt'tfaJWxV COWICil MttTING ^MINUTES OF THE REGULAR ORONO COUNCIL MEETING ncp 1 A iqqrv HELD NOVEMBER 26, 1990 ATTENDANCE 7:00 P.M. CITY OF ORONO The Council .net on the above date with the following nenbers present: Acting Mayor Edward Callahan, and Councilmembers Diann Goetten and Barbara Paterson. Mayor Grabek and Councilmember Nettles were absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Schetler. CONSENT AGENDA* Peterson requested the removal of items «18 and #21 from the Consent Agenda. It was moved by Goetten, seconded by Peterson, to approve the Consent Agenda, with the exception of items #18 and #21, which were removed and discussed in the order appearing on the Agi^^nda. Motion, Ayes-3, Nays-0, Motion passed. APPROVAL OF MINUTES* It was moved by Goetten, seconded by Peterson, to approve the Minutes of the Regular Council Meeting held November 13, 1990. Motion, Ayes-3, Nays-0. Motion passed. PLANNING COMMISSION COMMENTS: None, PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: #1334 REBERS CONSTRUCTION, 2008 SUGARWOODS DRIVE REQUEST TO ENCROACH FRONT/STREET SETBACK AREA Mr. Sid Rebers and Mr. Stephen Pflaum were present. Bernhardson provided a brief review of this request to locate a driveway within a front/street setback area. He stated that the Planning Commission had recommended approval, contingent on screening being provided between the back-up apron and the ^reet. Acting Mayor Callahan asked Mr. Pflaum if there were any objections to the Planning Commission recommendation. Mr. Pflaum replied, "We agree with the recommendation. However, it will probably be necessary to wait until spring to provide the screening. There are existing trees, which may prohibit sunlight from reaching any screening that is planted. If we wait until the leaves come back in the spring, we can better determine where vegetation may grow, if at ail." Goetten asked if Staff would make the determination as to - 1 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ZONING FILE #1334-REBERS CONSTRUCTION CONTINUED whether or not screening will be possible. Mabusth stated that Staff would work with the applicant and bring the matter back for Council review if a problem should arise. !■ 7- It was moved by Goetten, seconded by Acting Mayor Callahan, to approve the encroachment of a turn-around resulting in 383 s.f. of hardcover within the front street setback area where no encroachment, except for a driveway 20' in width, is allowed. Approval is based on the hardships anu findings as presented by Staff. Motion, Ayes-3, Na/s-0. Motion passed. Mabusth reviewed the directives provided by the Planning Commission regarding the method for reviewing these requests in the future, Mr. Pflaum elaborated on the procedure. He said, "The builders would work with Staff to assure that the house design not only meets the criteria of the PRD, but also tne requirements for the driveway. If it should be determined that the driveway will not come straight into the property, or will exceed 20' in width in the front/street setback area, the permit process would be delayed until the Planning Commission reviewed it. Also, the Planning Commission is totally amenable to an abbreviated review procedure in which Couicil review would not be necessary, I believe that issue is separate and will come before the Council in another meeting." Mabusth stated that the review procedure would be presented to Council at their December 10, 1990 Council meeting, #1497 TOBERMAN PROPERTY, 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT DENIAL RESOLUTION Mr. James Gilbert, Mr. Toberman's Attorney, requested that this matter be tabled at least until January. It was moved by Goetten, seconded by Peterson, to table this application until the February 11, 1991 Council meeting. Motion, Ayes-3, Nays-O. Motion passed. #1532 FULLERTON PROPERTIES, INC. APPROVAL OF LANDSCAPE PLAN PLUS ENTRANCE MONUMENTS Mr. Joe Franks, Developer, was present. Bernhardson stated that the landscape plan submitted by Fullerton Properties shows that the monuments will be located within the road outlot. He said, "The placement of the monur-ents in this location may hamper any future plans the City may have for that section of roadway. The recommendation from the Public - 2 - m ! E '5> .1 :^' ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ZONING FILE #1532-FULLERTON PROPERTIES CONTINUED Works Director is that the monuments should be placed outside of the road outlet. However, there may be a conflict with the southern monument. It would be placed on an outlot owned by another property owner who objects to such a proposal, I do not know if there is a conflict with relocating the monument to the north,” Mr, Franks said, "I have no objections to moving the northern monument. However, it would affect the aesthetic quality, I would request that v/s be allowed to place the monuments within the outlot as we have done in the past. We would enter into an agreement with the City suating that they can remove the monuments when they take over the roadway. It might be a problem for me to locate the southern monument." Acting Mayor Callahan asked Gerhardson if placement of the monuments within the outlot would pose any safety problems. Gerhardson stated that safety is not the issue. He said, **The City's Ordinances do not allow such structures to be placed in the right-of-way. However, the city is in the process of preparing a Hold Harmless Agreement with Fullerton Properties relative to retaining walls elsewhere in the subdivision. If Council approves the monuments, they could be included in that agreement." Goetten asked how far the monuments encroach into the right- of-way, Mr, Franks replied that the monuments would be located three to four feet off of the edge of the gravel shoulder, Peterson asked whether the proposed culverts would pose any problems. Mr. Franks stated that the culvert would now be located down Willow Drive and should pose no problem. Peterson asked how high the boulder walls will be. Mr. Franks stated that there will be no boulder walls, only retaining walls placed to protect e.xisting trees. Acting Mayor Callahan informed Mr. Franks that Council does not want the monuments to exceed a maximum height of six feet. Mr. Franks stated that he would agree to six feet. Goetten did not believe that Council could direct Mr. Franks to place the monuments on private property. She stated that the only other alternative would be to have no monuments at all. - 3 - rr ORONO COUNCIL MEETING HELD NOVEMBER 26. 1990 ZONING FILE #1532-FULLERTON PROPERTIES CONTINUED It was moved by Goetten, seconded by Peterson, to approve the final landscape plan for Follerton Properties, Inc., per plans by Land H.ibitat, Inc., dated 10/16/90, revised 10/22/90, subject to developer providing temporary fencing of septic test sites along north boundaries prior to commencement of landscaping improvements. The entrance monuments to be installed at the intersection of VJillow Drive and Snadowood Drive, and located within t'ne road outlet, are also approved, sub;}ect to the condition that there be a Hold Harmless Agreement between the City and Fullerton Properties, addressing the retaining walls within the road outlot, and req”iring that the monuments be removed at such time the City acquires the right-of-way. Further, that the monuments have a maximum height of six feet. Motion, Ayes-3, Nays-0. Motion passed. #1591 ORVILLE FISHER, 3300 FOX STREET CONDITIONAL USE PERMIT RESOLUTION #2901 Mrs. Fisher was present. Bernhardson sumraarized the information pertaining to this application, noting that the Planning Commission had recommended approval. Peterson questioned whether it is appropriate to direct runoff from this property toward the lake. Gaffron replied that runoff could either be directed toward the lake or the adjacent property. He said, 'There is approximately 400 feet from the house to the lake. I do not believe there should be a problem." f It was moved by Goetten, seconded by Peterson, to adopt Resolution #2901, granting a Conditional Use Permit for land alterations at 3300 Fox Street. Motion, Ayes-3, Nays-0. Motion passed. COMPREHENSIVE PLAN AMENDMENT Bernhardson stated that the purpose of this amendment is to update the Comprehensive* Plan so that it reflects a realignment of the M.U.S.A. line. He said, "The M.U.S.A. realignment will now include properties that have had sewer for some time." It was moved by Acting Mayor Callahan, seconded by Peterson, to conceptually approve Comprehensive Plan Amendment 13 and to direct Staff to draft the appropriate supportive documentation for presentation at the December 10, 1990 meeting. Motion, Ayes-3, Nays-0. Motion passed. - 4 - Iv- ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 NAYOR/COUNCIL REPORT: Acting Mayor Callahan stated that the LMCD has called a meeting for December 12th and has asked all of the lakeshore cities to attend to discuss the implementation of the Plan. Callahan said, "My view is that we should not attend. There is no point in discussing the Plan with the LMCD. I also believe we should notify the other cities, particularly those that did not favor the Plan, and suggest that they not a:.tend as well. Perhaps Staff could draft a letter." CITY ENGINEER'S REPORT: PAY REQUEST «1, PUMPHOUSE #3 It was moved by Goetten, seconded by Acting Mayor Callahan, to approve Pay Request *1 for Pumphour.e to Richmar Construction in the amount of $22,074,20, Motion, Ayes-3, Nays~0. Motion passed. PAY REQUEST «7. WELL 13 It was moved by Goetten, seconded by Peterson, to approve Pay Request #7 for Well t-3 to Keys Well Drilling Company in the amount of $18,962.00. Motion, Ayes-3, Nays-0. Motion passed. CITY ADMINISTRATOR'S REPORT: WOODHILL COUNTRY CLUB Mr. Mark Albrecht, Mark Gronberg, Surveyor, Manager of Woodhill Country Club, and were present. Bernhardson presented information in response to concerns raised by Council at thei.r November 13, 1990 meeting (see Mark Bernhardson's memo dated November 20, 1990). He asked Mr. Albrecht if he had any additional information pertaining to the year the Country Club became part of Wayzata. Mr. Albrecht replied, "I talked with one of our members who recollected that to happen when Orono was still a Village. He estimated that Woodhill was incorporated into Wayzata in 1956." Bernhardson stated that the City of Wayzata has permitted the City of Orono to hook up to their sewer lines for North Ferndale and charged no connection fee. He said, "Staff believes it would be reasonable to waive the connection charge for Woodhill. The City could charge an ongoing operation fee based on the number of units, which would amount to approximately $50.00/unit each quarter." Acting Mayor Callahan stated that he would like more time to review all of the issues involved with this request and suggested tabling this matter until January 28, 1991. Goetten indicated that she is still concerned about the - 5 - I: i;''I,;; I ORONO COUNCIL MEETING HELD NOVEMBER 26, 19,0 WOODHILL COUNTRY CLUB SEWER CONTINUED capacity of the lift station. She asked Cook wnen the capacity calculations were done. Cook replied, "The inforniation was gathered over the last two years. We determined that the station was used approximatexy 1.23 hours per day in 1989 and 1.12 hours per day in 1968." Goetten said, "It is my understanding that the capacity of that lift station was not adequate and it was necessary to put an additional lift station on Ferndale Road. I am concerned about whether this lift station will have adequate capacity to handle the Country Club. I would like to know what other options exist and what the cost of those options are. I also know that certain charges apply from the time the sewer line is put in to when a property may hook up at a later date. I would like to know if those charges apply in this case." Bernhardson believed that the original charge par this area was $8,600. unit in Goetten stated that she too • uld like more time to consider this issue. Peterson asked if a cost estimate has been determined for installing a sewer line from the Club House to the lift station. Mr. Albrecht replied, "It will cost approximately $250,000." It was moved by Acting Mayor Callahan, seconded by Goetten, to table this matter until January 28, 1991. Motion, Ayes-3, Nays-0. Motion passed. COUNCILMEMBER SELECTION PROCESS In response to Council’s request, Bernhardson presented a draft letter and information regarding the selection process (see Mark Bernhardson’s letter dated November 19, 1990). Acting Mayor Callahan stated that he was hopeful that an appointment would be made at the second Council meeting in January. Peterson stated that she would prefer to have the letter approved at the December LOth Council meeting. Goetten asked if revisions to the letter would be discussed at the December 10th meeting or if revisions should be provided to the City Administrator prior to the meeting. Peterson stated that she had no preference. Acting Mayor Callahan suggested providing Bernhardson with - 6 - r- ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 COUNCILMENBER SELECTION PROCESS CONTINUED any revisions prior to the December 13th meeting. It was the consensus of Council to accept the information presented by the City Administrator and to accept the submission prepared for the newspapers. Proposad revisions to the draft letter to applicants should be given to the City Administrator prior to the December lOth Council meeting whan it will be presented and reviewed again. HIGHWAY 12 CORRIDOR Bernhardson presented information to Council regarding the upcoming Highway 12 workshop. Goetten asked if all of the various committees have been informed of the meeting. Bernhardson replied, "A copy of this was ^ent to the two citizen's committees. We have not yet sent this to the Planning Commission, but will do so. Acting Mayor Callahan stated that if City Staff is aware of any individual citizen groups within the City, that they too should receive a copy of the preliminary agenda. He also stated that he had attended a Highway 12 Corridor meeting i- Long Lake. Acting Mayor Callahan said, "The meeting was essentially an information meeting. A representative fmm the Highway Department attended the meeting and repeated information that had just recently been released concerning the various corridors. I imagine the representative attending our meeting will do the same. However, I believe as a Council we should try and not just receive information, but try to determine whether we have come to any conclusions or inclinations. I do not believe that it will be appropriate to select a corridor at the Saturday meeting." Goetten did not believe that enough information has been presented up to this point. Sne said, "I would just like to continue the process." Acting Mayor Callahan agreed that at this point that may be all that can be done. Council accepted the Administrator Bernhardson. information presented City Ms. Jane Behrman, 340 Leaf Street, asked whether the traffic count study had been completed. Acting Mayor Callahan replied that to the best o: knowledge, the traffic counts are not complete. Goetten said, "It is my understanding that information would - 7 - ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 HIGHWAY 12 CORRIDOR CONTINUED not b*3 available until the latter part of December. It may be later than that if MNDuT does not receive all of the information they have requested from the various cities involved in this. Ms. Behrman asked if Council knew whether Long Lake has selected a corridor. Acting Mayor Callahan replied, "They have not officially selected a corridor. The meeting tha*. I attended was sponsored by citizen groups, not by the Long L=*ke Council. Tney made a specific point not to discuss a corridor preference." Ms. Behrman asked whether it is the intention of the City of Orono to work with the City of Long Lake. She stated that the public does not seem well informed. Goetten encouraged Ms. Behrman to invite pe'rsons to attend not only the Dacember 1, 1990 meeting in Orono, but the various citizen group meetings as well. She said, "If they attend the citizen group meetings, they will get the correct information, rather than innuendo." Acting Mayor Callahan cautioned that at some point, supposedly in the Spring, the MND(;T meetings will i^top. He said, "When those meetings stop, the direct opportun..ty for the cities and citizens to have input will lessen." Rosemary Schauer, "Laker" Newspaper, stated that the Citizen, Technical and Policy Committee meetings for December will only occur if the traffic forecast information is available. The purpose of these city meetings is to provide MNDOT with unique characteristics in each city that may need to bo considered in selecting a corridor. This will help MNDoT to complete their overlay' Ms. Behrman stateu ..nat she had attended a meeting in Maple Plain. She said, ‘‘Not much happened at the meeting and few people attended. A representative from MNDOT talked about the various routes. He indicated that the concern with the two northerly routes is that they want to pick a route that people will use as an alternative to Highway 12. They feel that Highway 55 and County Road 11 are too far north. They also said that if a particular city, suvth as Long Lake, takes a strong stand opposing the location of the corridor through the town, that MNDOT could not select that particular corridor." Acting Mayor Callahan said, "Th«3re is more to it than that. If Orono and Long Lake were to object to a particular corridor, MNDOT would probably drop the project and leave the road where it is now. However, if just one city said no, MNDOT could, through a long process, force that city to accept the corridor. W^iyzata - 8 - ORONO COONCII, MEETING HELD NOVEMBER 26, 1990 P-I:;i I HIGHWAY 12 CORRIDOR CONTINUED was able to stop Highway 12 for many years. However, the law was changed so that cities could no longer have the ability to block a corridor." Mr. Gabriel Jabbour scared that he would be unable to attend the December I, 1990 meeting. He said, "There are two issues that I would like Council to specifically address. One is the traffic counts. I am concerned about the numbers that are being projected and question from where the data comes. My other question is whether or not it may be appropriate to notify Long Lake of our December 1, 1990 meeting.” Acting Mayor Callahan stated that notifying the City of Long Lake is a good idea. He said, "With regard to the traffic count information, the City Administrator can ask MNDOT for the name of the person responsible and he/she can explain how the information is determined." Ms. Bc^hrman said, "One last note. At the Maple Plain meeting we were told that the five routes can be -'*-^red to reflect necessary changes. They may combine portio ;f the corridors shown. MNDOT is looking for good alternative ^ ->at they have prerented." STRATEGIC PLANNING Bernhardson presented information to Council regarding the 1991 strategic planning session. Council accepted the information presented. LEGAL NOTIFICATION Bernhardson presented information to Council regarding alternative methods for notification of legal actions in the City. Acting Mayor vCallahai: asked City Attorney Barrett for his opinion of notification. Barrett said, "The process proposed may reduce some risk, to the extent there is any comment on the lawsuits beyond just the fact of Summons and Complaint, which I do not think is privileged. Cf there is any comment, that may be better controlled. I would just send copies of the summons and complaint directly to the Council individually." The Council iidicated no objections to the proposed notification procedure, and it was the consensus of Council to proceed with the recommendations of the City Administrator and City Attorney. - 9 - I.I- ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 SEPTIC POSITION Bernhardson presented information relating to the present and future need for a septic inspector. He asked Council to consider whether it would be appropriate to include a full time on-site septic inspector in the 1991 budget. Bernhardson noted that there is Si>meone currently holding that position on a part-time basis, but it would be necessary to go through a hiring process if the position becomes full-time. Goetten said, ’'I learned that it may be a legal requirement for cities to have an on-site septic inspector. It sounds as though we have no choice, is that correct? Would the increase in septic fees cover the additional salary if the position becomes full-time?" Bernhardson said, "There is a proposal to increase the septic fee to $25,00 per quarter in 1991 and to $30.00 in 19'<2. Those increases would help defray the additional cost for the inspector, but would not cover it entirely." With regard to Goetten's first question, Gaffron replied, "I do not believe it is State liw yet. There are some changes occurring with the Metropolitan Council that will compel cities to have an on-site septic inspector." Bernhardson noted that Mike Gaffron has served as on-site program for the last ten years, but that has not been his primary duty with the City. Peterson stated that people have expressed concern about the septic billing because many are uncertain as to whether or not their system was inspected. Gaffron said, "Three out of the last four years, the City has had a part-time septic inspector. This year we anticipate that 80% of the septic systems in the City will be inspected. Our goal is to do each system every other year. The systems that are problems, we try to do every year." Goetten stated that the City of Orono has always been a leader in these areas and that she agrees with hiring a full-time septic inspector to assure that continues. It was moved by Acting Mayor Callahan, seconded by Peterson, to direct Staff to convert the position of temporary septic inspector to one of full-time, commencing January 1, 1991, and direct that applications be taken and a recommendation be brought forward for regular appointment. Additionally authorize extension of the temporary position until a regular appointment is made. Motion, Ayes-3, Nays-0. Motion passed. - 10 - m ORONO COUNCIL MEETING HELD NOVEMBER 26, 193v/ 1991 PEE SCHEDULE Goetten stated that she would prefer to review the rev.sions further with Staff. Peterson asked for clarification regarding the minimum fee charged for a building permit. Mabusth replied, "Staff was informed that accounting problems were being created by setting 530.00 as a minimum fee. At times, a fee may work out to be less than 5 30.00. We are proposing to base the permit fee on the table and eliminate the minimum fee." It was moved by Peterson, seconded by Goetten, to table this item until the December 10, 1990 Council meeting. Motion, Aye3-3, Nays-0. Motion passed. 1991 BUDGET PUBLIC HEARING Bernhardson stated that he would start the budget meeting, scheduled for December 3, 1990 at 7:00 p.m., by presenting information relating to the portion of property taxes for which Orono is responsible. He said, "I would explain how the percentage relates to tax dollars and where the areas of increase lie. I will also provide a bit of information relating to the Truth in Taxation policy and procedure to help people better understand it." Acting Mayor Callahan questioned whether it may be necessary to hold the meeting in a facility that will allow a larger capacity. Bernhardson stated that the Orono Council Chambers was indicated in the publication notice. Goetten agreed with Callahan's concern. Bernhardson stated that changing location may not comply with State law. Acting Mayor Callahan stated that the meeting could ba called to order at the Council Chambers and then moved to another location. He also noted that there is a date reserved to reconvene which could be done to accommodate more people. Gabriel Jabbour expressed concern about the practice of adopting the budget the sa^e evening that objections are received. Bernhardson stated that the budget must be adopted at either the first Public Hearing or the reconvened session. It was the consensus of Council that the meeting be held ^ - 11 - f- f h H'- t- IV- •'5 ft ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 1991 BUDGET PUBLIC HEARING CONTINUED the Council Chambers as published, but that Staff should try to provide an alternate location should it be necessary to move the meeting. POLICE OFFICER-RESERVE DUTY Peterson had removed this item from the C .isent Agenda. She asked Bernhardson whether it would be possible to utilise the current part-time investigator. Bernhardson stated that he could review that possibility, but that the Police Department is losing a full-time officer. He said, "It may not be necessary to go up to 40 hours. Wa will have to see. ** Peterson said, "Staff indicated that if they can find no one to fill the position, there may be a reduction in service." Bernhardson stated that may not be the case, but if there was, the contract cities would be given a credit for contracted patrol service not provided. Goetten suggested that the public may wish to know why there is a vacancy on the police force. Acting Mayor Callahan explained that Officer Dembouski is a Marine Corps reservist and is being called to active duty in connection with the crisis in the Porsian Gulf. It was moved by Peterson, seconded by Goetten, to direct Staff to seek a qualified temporary officer for up to 40 hours per week and that final action on employment be brought back to Council. Motion, Ayes-3, Nays-0. Motion passed. ADNZHISTRATOR'S INFORMATION* It was moved by Goetten, seconded by Peterson, to accept the City Administrator's Information regarding: Beavec Trapping, Accreditation, Metro Waste/Reconveyance, September R'sceipts and Disbursements and Wire Transfers. Motion, Ayes-3, Nays-O. Motion passed. CITY ATTORNEY'S REPORT: None. - 12 - & ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 LICENSEr I the foix. >ved by Goetten, seconded by Peterson, to approve license(s ) : Septic System Installers: Duane Ritter Exc. 7120 Vernon Street Rockford, MN 55373 1991 On Sale? Non-Intoxicating Malt Liquor:Orono Golf 1991 Liquor (Renewal):Navarre Liquor Steven Corl 3421 Shoreline Drive 1991 Liquor (Renewal):Jimmies Lounge Jimmy Holtz 3380 Shoreline Drive 1991 Liquor (Renewal):Woodhill Country Club (Barn) 200 Woodhill Road Motion, Ayes-3, Nays-0. Motion passed. BILLS Peterson had requested that this item be removed from the Consent Agenda. She asked Gerhardson why the City is paying someone to sweep our streets. Gerhardson replied, "V)e hired someone to haul our sweepings.” Peterson asked why the City had to purchase a tree, rather than using its usual source. Gerhardson said, "In order to use our ov;n trees, wa must rent a tree spade. We were unable to do that in a timely manner for this particular project." It was moved by Peterson, seconded by Goetten, to approve payment of the All Fundr* Account. Motion, Ayes-3, Nays-3. Motion passed. EXECUTIVE SESSION 8:32 P.H. City Attorney Barrett requested that Council hold an Executive Session for the purpos-.e of discussing pending litigation. - 13 - H ORONO COUNCIL MEETING HELD NOVEMBER 26, 1990 ADJOURNMENT It was moved by Goetten, seconded by Peterson, to adjourn the Regular Council Meeting at 8:43 p.m. Motion, Ayes-3. Nays-0. Motion passed. Edward J. Callahan, Jr Acting Mayor ATTEST: Dorothy M. Hallin, City Clerk ~ 14 - '’iifhiiiifi iifi 'II r 'i V f • 11 i I . ~. COUNCIL llltETiNG I*-. ir: &■f'- Mayor Grabek 6 Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson DEC 10 1990 CITY OF ORONO Dates Subject: Jeanne A. Mabusth, Building & Zoning Administrator December 3, 1990 • #1334 Rebers Construction, Inc. - Sugarwoods PRD - Adoption of Review Procedure for Nonconforming Lots Resolution Ir: ■I- List of Exhibits Exhibit A - Council Minutes of 10/22/90 Exhibit B - Option A - Resolution Exhibit C - Option B - Resolution Rexiew of Current Application - At the October 22, 1990 meeting of the Council (review Exhibit A), members failed to achieve a majority vote adopting a review procedure for all requests that exceed allowed driveway isq>rovement within the front setback area of the Sugarwoods PRD. At Council's November ;:h meeting, Stephen Pflaum advised that he had presented an abu-aviated review procedure b^tore the Planning Commission that would designate the Planning Cuounission as the sole reviewing body for such requests with the right of each builder/o«mer to appeal before the Council all decisions of the Planning Commission. Please review the minutes of the Novesiber 19th Planning Commission meeting Included within your Council packets. Planning Commission members voiced no concern with the recommended process set forth by Pflaum. Above all, the Planning Commission wants to preserve its rights to be a part of the review process for all requests that involve any variation from the standards set forth in the original resolution approving the Sugarwoods PRD. Staff has enclosed two resolutions that establish review procedures for all nonjonforming lots within the PRD. Exhibit B or Option A sets fovth the established or customary review process used for all land use applications (review and recomsMndation by Planning Commission and referral to Council for final/formal action). Option B, Exhibit C, sets forth an abbreviated review procedure whereby the Planning Commission will be the sole reviewing body with the right of appeal before the Council for all decisions of the Planning Commission. Comioil Action Adoption of either Option A or Option B. Isv ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 PUBLIC COMMENTS CONTINUEDMr. James MacKinnon, Attorney, stated that his lawfirm had initially represented an individual involved in tne lawsuit referred to by Mr. Gehrman. Ke said, "The matter with respect to the City arose because there was mformatian that led us to conclude that the City undertook a special duty. That can arise when a city does not do what it normally does to design something for somebody’s house, but goes over and above. ^y taking cn this special duty, the city then has a certain obligation. If they do not do it properly then can they can be subject to suit. We sued the City of Orono. After that, I did some investigation, which included speaking to Jeanne Mabusth and Mike Gaffron. I found out through them that the City did not undertake any special duty. They treated the Mayor exactly like they treat every citizen in Orono. Based on Mike and Jeanne's expressions to me, and based on the fact that my clients did not wish to spend a large amount on the lawsuit, we decided not to fight the Summary Judgment. The matter was dropped because I determined that what we had originally thought was a bonafide suit ended up not to be. With respect to the actions and cost to the City, it was the conclusion of our lawfirm that nothing irresponsible had been done. '* ZONING ADMINISTRATOR'S REPORT; #1334 REBERS CONSTRUCTION - SUGARWOODS PLAT RECONSIDERATION OF CONDITIONS OF PRD APPROVAL Mr. Sid Rebers, fir. Stephen Pflaum, Attorney Kost, Planning Consultant, were present. ana Mr. Robert Bernhardson explained the present conditions of the PRD for dj^iveways, and Mr. Reber' s request to have those conditions reconsidered. He stated that there will be a number of lots that will be unable to maet the existing PRD requirements. Bernhardson said, "The Developer is making t.nis request so that he will have more flexibility in designing tnese individual driveways without having to go through a Variance process for each. Several templates have been designed by Staff and BRW for use in such cases.' If the owner of the property did not wish to use the templates, a review by the Planning Commission and Council would be necessary. The Planning C-^mmission reviewed the templates, but felt it was their responsibility to review each of these cases individually. The Planning Commission was concerned about tree preservation." Mr. Pflaum said, "There were two key issues i<i the Sugarwoods Development. Minimal hardcover and maximu.m tree protection. From discussion I have had with Chairman Kelley, it appears that hardcover is not an issue here. . However, tree preservation continues to be a concern. During the planning and review process, consideration was not given to the ramifications that may result from the requirement for a maximum driveway width - 23 - L ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 ZONING FILE #1334-REBERS RECONSIDERATION CONTINUED of 20 feet. The interior lots of the subdivision have such a configuration ■ that it is impossible to provide a turn-around no matter where the house is placed on the lot. Tnere can be no loop or circular driveways, but a turn-around area is acceptable. The turn-arounds will eliminate the need to back out unto the street, which in some cases may prove to be very dangerous. Most of the lots in this subdivision are heavily wooded, thus reducing sight capabilities. The templates present three options for providing a turn-around." Mr. Kost used a sketch of the development plan and an actual house footprint to support Mr. Pflaum's comments. Mr, Pflaura said, "We have an economic problem if we are to proceed with the recommendation of thi Planning Commission. This subdivision is catering primarily to corporate transfer executives that ha/e little time to go through a designing process. They wish to be provided with a design and cost estimate as quickly as possible. They need to know that they can build the house design of their choice on the lot they have chosen without delay. Mr. Rebers is competiig with other subdivisions of this nature that exist in Minnetonka, Eden Prairie and other suburbs. We are asking to be allowed to use the templates in order to avoid the time delay of a review process to determine whether a particular lot is buildable. If a home buyer wishes to have a driveway design not represented by a template. Planning Commission review would be required. j retten asked how many lots would need this special driveway consideration. Mr. Kost replied, "Approximately 12 or 13 of the 25 lots would need this special consideration." Goetten asked Mr. Pflaum if he understands why the Planning Commission has taken such a strong stand on this issue. Mr. Pflaum replied, "Mr. Kelley told me that this subdivision had special benefits included with it. It is the only subdivision • in Orono that is less than two acres and has sower and water. Mr. Kelley's point of view is that we negotiate'*- the package and if wa did not give consideration to the driveways ‘ at is our problem. He does not wish to see any change in t^ ginal conditions. Mr. Kelley told me that I could quote h 5 said that he and the Planning Commission had walked the siL ..a saw the houses that were under construction. Be was fully satisfied that a maximum effort is being made, more than they had intended, in regard to tree and site preservation. Mr. Kelley does not object to what we are proposing, except that he wisiies to view each of these on a case by case basis." - 24 - ( ORONO COUNCIL MEETING HELD OCTOBER .2.^LE *1334-RraERS RECONSID^^TION^C^^^^^^^^^ Goetten stated that *-hat he felt very strongly :rtJse ^ftua"i:=^ns*:roJ;ra .evie-e. hadthat % —.- , eai^ "'T'S^a VOt6 WaS SIX tOPlanning Conmiissioner Rowlet.e sa ‘ -^.^idually. The on. in £a-%°^„„^reu''eve"d w^'woufd no-, he se.-v.ng onr purpose Planning Commission." planning Cor,mission ■ s Goetten stated be that this issue was not recommendation. She However, the Plann;ng Cottraiission considered fully by Mr. ”°”®aU of the aspects of this Sorked very, very hard to ^ ^o.id be to allow the unioue, sensitive parcel. ^uese case bv case and *eave the Planning Commission '?ij^g''to’ see the Planning Commission make decision there. ^ fchink they took ownership of t.,is rurdi^trio^°a^a°? ruid UR; to support them." Callahan stated a^s Tnow ^^nde^^^-d^U? roust be provided fro-n a J'j tnake a change anyway, why is C^SsJr. is going to be ^^“ffthlngr individually - !rke!y.%hrtU-^rru;-d «iii be designed as the templates show. Rowlette said. -- r^op^^eri^ e?ch ofthe^Y^ii^t-ll 3“!f; o< «„ if the property staff to aIsLe that the driveway is rt'ed’grviig^ =-\deVation Jto the th th; “gu«ti%h^«“~tttr woull go before the Planning Commission. Callahan asked «het^r "“^^^^‘’pre-determiL an acceptable 5°o-i!l^“"forthr^tIv:::a:Jl-orrach of ?he l. or . lots. Rowlette replied, "I do not believe the Planning Commis - 25 - ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 ZONING FILE #1334-REBERS RECONSIDERATION CONTINUED ^ would object to reviewing all 12 lots at one tixe i^ Mr. R wishes to proceed that way." Mayor Grabek said, "It seems to ms that is basically what has been proposed." Mr. Pflaum noted that the template designs are a compromise between Mr. Rebers and Staff to provide a safe access to the street. Rowlette said, "The question is whether the Staff or Planning Comniission should take the time to solve this issue. The Planning Commission wishes to take the time. It was moved by Mayor Grabek. seconded by Callahan for the purposes of discussion, to accept the templates as a method o. allowing Staff to restrict what may be done on these lots. ^ there are any exceptions other than those designs ^ t.he templates, the matter must go through the ^ Callahan asked if this proposal varied at all from S aff original proposal. Mabusth replied that the proposal before Council this evening is reflected in the resolution .i^s. prepared. Motion, Ayes>2, Peterson Motion failed. Nettles and Goetten, Nay. #1497 TOBERMAN MANAGEMENT 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT REQUEST jjy Mayor Grabek, seconded by Peterson, to table revi<»w and action by the Council on Application #149/.- Toberman Management, for property located at 1960 Shore.ine Drive. Motion, Ayes-5, Nays-0. Motion passed. #1592 SMITH BAY MARINA 4 YACHT CLUB, INC. 1955 SHORELINE DRIVE RENEWAL VARIANCES RESOLOTION^#2891^r^on, an Associate, of Toberman Management, was present. Bernhardson provided a brief review of the information pertaining to this application (see Jeanne Mabus.h ® October 11, 1990). He stated that this application included the same conditions and requirements set forth in and #2648. with the exception of the club house which is propos to be one story rather than two. Bernhardson noted that the Planning Commiasion had unanimously recommended approval. Peterson asiced if there was a limit on the number of times an application could be renewed. - 26 - ET\HI3IT 3 Option A A RBSOLOTION AMENDING RBSOLOTION #2652, A CONDITIONAL USB PERMIT APPROVING A PLANNED RESIDENTIAL DEVELOPMENT KNONN AS SOGARWOODS WHEREAS, Resolution #2652 dated July 10, 1989 and approved by the City Council of the City of Orono (hereinafter "Council") granted to Rebers Construction Company a conditional use permit pursuant to Municipal Zoning Code .Section 10.20, Subdivision 3 (H) for a Planned Residential Development known as "Sugarwoods"; and WHEREAS, Condition #1(F) on page 5 of resolution 2652 reads as follows: "F. The applicant has created a "no grading" zone/woodlands protection area within the private open space outlets (namely Outlets A and B) and the setback areas defined within each building lot. Within those areas no future owner will be allowed to remove trees in excess of 2" in diameter at 4' above grade. No grading is allowed within the protected areas. However, each residential lot may include one driveway up to "So* wide, leading to the ^oop road. Th_is driveway may be graded and trees of any size may be removed to build it. The subdivider’s agreement should also define the protected areas such as the setback area of each lot and the private open space outlets" (hereinafter "condition"); and WHEREAS, the Council has found that the strict enforcement of this condition is not practical nor workable when one or more of the following site conditions requires placement of a portion or the entire house at the front street setback line: - Driveway within front street yard is curved rather than in a straight alignment from loop road in order to minimize tree removal or minimize land alterations by adapting to existing topography. Page 1 of 4 wm - The shape or limited area of a building envelope. - Unique or mature trees within a building envelope and the desire of an owner to preserve a unique specimen. - The topography of a building envelope. “ Placement of house in order to minimize impact on adjacent properties. Specifically in cases of corner lots where the rear of the house may be placed adjacent to a side yard of an abutting property.. NOW, THSRBPORB BB IT RESOLVED, that the City Council of Orono shall allow additional encroachment of a front street yard within the Sugarwoods plat upon satisfaction that one or more of the above site conditions exist for a property and to direct the Orono staff to present the owner's or builder's written request before the Planning Commission at their earliest upcoming meeting (third Monday of the month) for immediate review and action by the Council at the following Monday meeting (fourth Monday of the month). Such written requests shall include the following information: 1. Survey/site plan designating drive(s) and type of backout improvement ("ys, "T"s, loops, etc.). 2. Amount of hardcover within front setback area - these areas to be shown on site plan. 3. Topographic mapping of property if topography is site characteristic under consideration. 4. Location of mature, unique tree specimens. 5. Other unique physical characteristics of property that require special placement on site. Page 2 of 4 Adopted by the City Council of the City of Orono, Minnesota, this 10th day of December, 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 10th day of December, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota nunicipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 Ortion B A RESOLOTIOH AMENDING RESOLUTION #2652, A CONDITIONAL USE PERMIT APPROVING A PLANNED RESIDENTIAL DEVELOPMENT KNOWN AS SOGARWOODS WHEREAS^ Resolution #2652 dated July 10, 1989 and approved by the City Council of the City of OroRo (hereinafter "Council") granted to Rebers Construction Company a conditional use permit pursuant to Municipal Zoning Code Section 10.20, Subdivision 3 (H) for a Planned Residential Development known as "Sugarwoods"? and WHEREAS, Condition #1(F) on page 5 of resolution 2652 reads as follows: "F. The applicaiiL has created a "no grading" zone/woodlands protection area within the private open space outlets (namely Outlets A and B) and the setback areas defined within each building lot. Within those areas no future owner will be allowed to remove trees in excess of 2" in diameter at 4’ above grade. No grading is allowed within the protected areas. However, each residential lot may include one driveway HE He 2 0* wide, l.eadin2 to the loop road. driveway may be graded and trees of any size may be removed to build it. The subdivider's agreement should also define the protected areas such as the setback area of each lot and the private open space outlets" (hereinafter "condition"); and WHEREAS, the Council has found that the strict enforcement of this condition is not practical nor workable when one or more of the following site conditions requires placement of a portion or the entire house at the front street setback line: - Driveway within front street yard is curved rather than in a straight alignment from loop road in order to minimize tree removal or minimize land alterations by adapting to existing topography. Page 1 of 4 - The shape or limited area of a building envelope. “ Unique or mature trees within a building envelope and the desire of an owner to preserve a unique specimen. “ The topography of a building envelope. “ Placement of house in order to minimize impact on adjacent properties. Specifically in cases of corner lots where the rear of the house may be placed adjacent to a side yard of an abutting property.- NOW, THBRBFORB BE IT RBSOLVED, that the City Council of Orono shall allow additional encroachment of a front street yard within the Sugarwoods plat upon satisfaction that one or more of the above site conditions exist for a property and to direct the Orono staff to present the owner's or builder's written request before the Planning Commission at their earliest upcoming meeting (third Monday of the month) and further approves an abbreviated review process whereby the Planning Commission shall assume the sole responsibility of the review and final recommendation regarding these requests with the owner/builder having the right of appeal before the Council of all decisions of the 'Planning Commission. All appeals to the Council shall be place on the Council agendas for the following Monday meeting (fourth Monday of the month). Such written requests must be submitted to the Zoning Administrator 7 days before the official Planning Commission meeting and shall include the following information; 1. Survey/site plan designating drive(s) and type of backout improvement {"Y"s, "T^s, loops, etc.). 2. Amount of hardcover within front -“tback area - these areas to be shown on site plan. 3. Topographic mapping of property if topography is site characteristic under consideration, 4. Location of mature, unique tree specimens. 5. Other unique physical characteristics of property that require special placement on site. Page 2 of 4 Adopted by the City Council of the City of orono, Minnesotar th’s 10th day of December# 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 10th day of December# 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 4 Prom: Date: Subject: Mayor Grabek & Ciunu Council Members Citv Administrator Bernhardson COUNCIL MEETINGJeanne A. Mabusth, Buildinq s Zcninq Administrator Cec^mber 6, 1990 DEC 1 0 1990 #1473 Jacquelynn Kelly, 2056 Shadywood Road - CITY OF ORONO After-the-Fact Variances - Resolutions List of Exhibits - Exhibit A - Dennis Johnson's Letter of 12/3/90 Exhibit B-1 - Appendix 1 Included With Johnson’s Information Packet Exhibit B-2 - Appendix 2 Included With Johnson's Information Packet Exhibit C - Surveyor‘s Letter & Reconfirmation of Driveway Hardcover Exhibit D - Exhibit C Within Johnson's Information Packet Exhibit E - Exhibit D Within Johnson's Information Packet Exhibit F - Staff's Original Sketch of Hardcover Areas Within the Property Exhibit G - Original Survey Exhibit H - Revised Survey Pertinent Ordinances - Section 10.22, Subdivision 1 iB) - Average lakeshore setback. Original Deck = 4' (encroachment of entire lengt.. of 34' deck totaling 136 s.f. in area) Proposed Deck = 4' (encroachment of a pointed section of deck tapering back behind average lakeshore setback line totaling 46 s.f. in area) Section 10.22, Subdivision 2 - Hardcover, 75-250' Setback Area * 12,645 s.f. Allowed Hardcover = 3,161.25 s.f, or 25* Previous or Existing Hardcover * 7,509,f5 s.f. or 59%*' ^ Proposed Hardcover = 6,140.45 s.f. or 49%*^ Total reduction in hardcover is 1,369 s.f. or 10.8% Hardcover calculations for the existing har'^cover row includes 372 s.f.or landscape area that existed around former de^^k (Exhibit D). Please also note that staff has removed areas Z, AA and BB totaling 154 s.f. of landscaped area (Exhibit F) originally shown on plans of original deck constructed sn property (refer also to Exhibits A and D). Total proposed hardcover includes 530 s.f, of new structural hardcover - ' ^>te applicant proposes removal of 1,899 s.f. of non-str ttaral hardcover for 530 s.f. of new structural hardcover (former deck » 510 s.f.; new deck 1,040 s.f.). Zoning File #1473 December 6# 1990 Page 2 Status of Application - At the July 2 3, 1 9 90 meeting of the Council, Members conceptually . .nied tne after-the-fact variance as proposed and directed staff to prepare a denial resolution for future action. At the Council meeting on August 13, 1990, staff asked that all pending action on the application be delayed until staff had adequate time to review the hardcover discrepancies that arose in the latter part of the review. Applicant had contended a 10% reduction was always proposed and staff's calculations resulted with merely a 5% reduction (review Exhibits G and H). On October 3rd, staff met with Mr, Johnson to review the hardcover information prepared by staff (review exhibit F). At that time Mr. Johnson was advised to have his surveyor review the hardcover calculations of the bituminous drive within the 75-250' setback area and to consider any other additional removals of hardcover. The s<"aff sketch of existing hardcover (Exhibt F) was accepted by Johnson subject to any new findings of surveyor. The applicant' surveyor has submit a revised survey (refer to Exhibits C and J). The driveway area within the 75-250' setback area was originally determined at 2,272.25 s.f. The revised calculation is at 2,350 s.f. (refer to Exhibit D). Applicant also advises that 372 s.f. of landscape area existed on the property prior to any deck construction. This has been included in the revised hardcover calculations. Staff cannot recall whether the landscane area adjacent to the former deck was underlain with plastic, but it may very well have been. Staff can confirm that there was indeed a la dscape area surrounding the former deck. Since other former landscape areas on the property are underlain with plastic, it is very likely that the landscape area within the lakeshore yard wa- underlain with plastic. This would confirm existing :«facover prior to construction at 59%. Applicant's proposal now offers the removal of 1,899 s.f. of non-structural hardcover (landscape area) for 530 s.f. of new structural hardcover. The former deck was at *^10 s.f.; the proposed deck is 1,040 s.f. The proposal still has the deck extending beyond the average lakeshore setback lire the same distance the previous deck had encroached. Staff has drafted 2 resolutions; one of denial and the other of approval. In light of the direction of the Counc: 1 to the applicant at their July 23rd meeting, the applicar;** was asked to pull the new deck out of the average lakeshore area. This would be consistent with previous actions by the Council in an attempt tP minimize the variances sought by an applicant where such excessive hardcover exists. This would reduce overall hardcover by approximately 46 s.f., reducing overall hard^'over to 2,609.45 s.f. or 48%. The enclosed approval resolution can be amended to include non encroachment of the average lakeshore setback line. Zoning File #1473 December 6, 1990 Page 3 Review Exhibit J, applicant's revised plan does net reflect removal of landscape areas underlain with plast.j within expanded 75-250 yard'nor within 250-500. Council had asked for reductions in 250-500. Non-conforming shed in street yard totals 100 s.f. The plan does not reflect removal of 519 s.f. of landscape area within adjacent property credited against applicant's hardcover. In the denial resolution, staff has reviewed the previous Council minutes to gather the necessary findings. It would be helpful if Council would review the denial resolution for further amendment and addition. In the denial of the application, Council must provide guidelines to applicant as to what would be allowed for a deck at lakeside of house. There is at a minimum a 5 foot drop from multiple sliding doors along lakeside of home. What is a reasonable area for the deck an ’ access'stairs? Council Action - To adopt a resolution of denial or approval. If denied, Council must provide direction regarding issue of access from lakeshore of house to lake yard. If approved, the resolution must be amended to include Council's response on the following issues: 1, Average lakeshore setback. 2. Final removals of hardcover a. Landscape areas - 75-250' (519 s.f. adjacent yard and extended to include all within setback areas) 250-500' b. Is May 1, 1991 deadline acceptable for removals? 3. Is 1040 s.f. of new structural hardcover acceptable (former deck 510 s.f.)? What is reasonable exchange for structural to non- structural 1899 s.f. as proposed by applicant (refer to Exhibit B-1) . Additional non-structural hardcover or structural hardcover can be removed in 250-500* zone. A RESOLUTION GRANTING APTER-THE-PACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) * 2 PILE #1473 MHERBAS, Jacquelynn M. Kelly (hereinafter "the applicant") is the owner of the property located at 2056 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: The southerly half of Lot 1* and all of Lot 8, Gust S. Johnson's Addition, Hennepin County, Minnesota according to the recorded plat thereof, Hennepin County, Minnesota * For the purpose of this survey, the north line of the southerly half of Lot 7 has been assumed to be a straight line drawn from the mid-point of the southwesterly line of said Lot 7 through the mid-point of the survey line near the northeasterly line of said Lot 7, as shown on the recorded plat of Gust S. Johnson's Addition, said north line of the southerly half of said Lot 7 being extended to the shoreline of Lake Minnetonka (hereinafter "the property")? and WHEREAS, the applicant has applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit a deck extending 4' beyond the average lakeshore setback line where no encroachment is allowed, and a hardcover variance within the 75-250' setback area resulting in a total of 6,140.45 s.f. or 49% hardcover where only 25% is allowed. Such improvements will result in an overall reduction in hardcover within the 75-250' setback area of 1,369 s.f. or 10.8% (7,509.45 s.f. or 59% had existed on property). HOW, TiiBRBFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1472. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zor District requiring 1/2 acre in area or 21,780 s.f. Tht rty consists of approximately 20,665 s.f. Page 1 of 5 3. The Orono Planning Commission reviewed this application on January 16, 1990 and recommended denial of an original proposal that would have required an average lakeshore setback variance of 19-20*, increases in hardcover within the 0-75' and 75-250* setback areas, and a side yard setback variance. The Planning Commission recommended that applicant provide an amended proposal following the following guidelines; A) No additional hardcover within the 0-75 ’ zone. croachment of side setback yards. C) No further encroachment of the average setback line than the former deck at a 4' encroachment of that line. D) Hardcover could not be exceeded over what had existed on the property prior to the proposed improvements. No additional hardcover variances would be approved within the 75-250' setback area. 4. The Orono Council reviewed this application on February 12, 1990; June 25, 1990? July 23 , 1 990 ; and August 13, 1990 and considered several amended proposals. The final plan submitted will require the following variances; A) Hardcover Inventory Existing » 7,509.45 s.f. or 59% Proposed ■ 6,140.45 s.f. or 49% (refer to Page _ of this resolution for sketch of hardcover to be removed on property and new structural hardcover on the property) Total reduction of hardcover on the property equals 1,369 s.f. or 10.8%. Average Lakeshore Setback Existing * * Proposed * * (resulting in 1?3 s.f. of structural area beyond average lakeshore setback line) (resulting in 46 s.f. of structural area beyond average lakeshore setback line) 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally Page 2 of 5 to o*^her property in rhis zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty: is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions i (B) and 2 to permit construction of a lake-side deck per the survey enclosed as Page _ of this resolution, subject to the following conditions; 1. Applicant to obtain an after-the-fact/penalty building permit for deck. Applicant shall provide revised building plans for amended deck per configuration approved by Council on survey attached as Page _ of this resolution. 2. All hardcover scheduled for removal and as shown on plans attached to this resolution shall be removed by May 1, 1991 or prior to footing inspection for final alterations of deck, or whichever occurs first. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 10, 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. Page 3 of 5 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of December, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property OwnerT^ STATE OP MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of December, 1990, by James R. Grabek & Dorothy M. Hallln, 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 5 A RESOLOTION DENYING AFTER-THE-PACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) fc 2 PILE #1473 ffHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota? and WHEREAS, pursuant to State Statute 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the health, safety and general welfare of the public? and WHEREAS, Jacquelynn M. Kelly (hereinafter "the applicant") is the owner of the property located at 2056 Shadywood Road within the City of Orono (hereinafter "the City ) and legally described as follows: The southerly half of Lot 7* and all of Lot 8, Gust S. Johnson's Addition, Hennepin County, Minnesota according to the recorded plat thereof, Hennepin County, Minnesota * For the purpose of this survey, the north line of the southerly half of Lot 7 has been assumed to be a straight line drawn from the mid-point of the southwesterly line of said Lot 7 through the mid-point of the survey line near the northeasterly line of said Lot 7, as shown on the recorded plat of Gust S. Johnson's Addition, said north line of the southerly half of said Lot 7 being extended to the shoreline of Lake Minnetonka (hereinafter "the property")? and WHEREAS, the applicant has applied to the City of Orono for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) & 2 to permit a deck to be installed 4' in front of the average lakeshore setback for the property and a hardcover variance within the 75-250' setback area resulting in 6,140.45 s.f. or 49% where only 3,161.25 s.f. or 25% is allowed; and WHEREAS, the City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff and to written and verbal comments of the applicant and the applicant's attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the application of Jacquelynn M. Page 1 of 6 Kelly for after-the-fact variances requiring an average lakeshore setback variance and hardcover variance within the 75-250' setback area required by the construction of a deck at the lakeside of the existing residence, based upon one or more of the following findings of fact concerning this property: FINDINGS 1. This application was reviewed as Zoning File #1473. 2. The property is located in the LR-IC Single Family Lakeshore Zoning District requiring 21,780 s.f. or 1/2 acre in area for each residential unit. The property consists of approximately 20,665 s.f. of area. 3. On October 25, 1989, Jacquelynn M. Kelly fi^ed an after- the-fact variance for the lakeshore deck constructed some time in August/September 1989 without a building permit and the benefit of the building permit review. 4. The deck as constructed required the following variances: a) right side yard setback variance? b) encroachment of required feet lakeshore setback; c) encroachment of average lakeshore setback line by approximately 19' to 20'; d) e) hardcover variance within 0-75' setback area; hardcover variance within 75-250' setback area. 5.3. On January 16, 1990, the Orono Planning Commission denied the after-the-fact variances sought by applicant and provided the following directives to applicant prior to presenting an amended plan before the Council: a) deck must be realigned so that it does not encroach any further into the average lakeshore setback area than the former deck at approximately 4*; b) no other setback variances would be approved for the deck structure? c) no additional hardcover would be approved as ® result of the deck construction either within the 0-75 or 75-250' setback area. Page 2 of 6 6. The Orono Council reviewed this after-the-fact applicatoin on February 12, 199"'; June 25, 1990 ; July 23, 1990; and August 13, 1990, 7. At the February 12th meeting, Dennis Johnson, the applicant's attorney, "requested that the Council table this matter as opposed to denying it". Council moved to table all action on the application. 8. On June 25, 1990, the applicant reintroduced the after- the-fact applicaton before the Council with additional information. Council could not act on this new information because revised plans, submitted by the applicant, had not also been updated on survey information. The application was tabled by Council pending receipt of revised survey locating the revised deck and updated hardcover calculations. 9. On July 23, 1990, Council reviewed the updated information submitted by applicant and conceptually denied the after-the-fact variances as proposed by applicant and directed staff to draft the appropriate resolution for formal action by the Council. 10. The Council stated that hardcover on the lot is more than double what would be allowed in the ordinances, proposed is at 6,140.45 s.f. or 49%, allowed is 3,161.25 or 25%. 11. Council also noted that the deck structure encroached the average setback line noting that where excessive variances are sought on a property such as the excessive amount of hardcover existing on this property, if the City had input prior to construction of deck, the average setback line would have been designated and applicant asked to maintain construction behind the average setback line. 12. At the August 13th meeting of the Council, the Orono reviewing staff requested that all formal action on the proposal be tabled until staff had time to meet with applicant to review any misundstandings or interpretations of the hardcover facts determined by staff. Council accepted staff's recommendation and once again voted to table the application providing applicant additional time in the review of this after-the-fact application. Page 3 of 6 13. On October 3, 1990, staff met with applicanc to review 3't3ff*s hArdcove*" deLei., inations and hardcover sketch enclosed as Page __ of this resolution. In addition, the applicant was advised to have a surveyor confirm specific areas of hardcover in question. 14. On December 3, 1990, Dennis Johnson submitted a revised survey and revised hardcover facts which now included a 372 s.f. of landscape area underlain with plastic that was never recorded in the original calculations by staff. 154 s.f. of landscape area originally designated on improvements plans for property were not included in updated calculations as these areas do not exist and are not proposed by applicant. The final hardcover was resolved as follows: 7.509.45 s.f. or 59% Hardcover existed on property prior to improvements within 1989 6.140.45 s.f. or 49% Proposed hardcover* *2,358.4 s.f. house and garage 2,350 s.f. driveway 392.05 s.f. sidewalk areas 1,040 s.f. deck 15. The plans presented for Council's review show lakeside deck encroaching average lakeshore setback by 4*. Applicant did not respond to Council's conceptual direction at July 23, 1990 meeting. 16. « propos< \ hardcover for property is 3,161.25 s.f. or 25%; 40.45 s.f. or 49%. 17. The r deck removed prior to approval by the City consis ec 310 s.f. The deck constructed without the benefit o,. .le building permit review and the proposed amended decK are both at 1,040 s.f. in area. 18. The applicant proposes new structural hardcover totaling 1,040 s.f. for the matching removal of 1,899 s.f. of non-structural hardcover. 19. The applicant and/or applicant's attorney had knowledge of the specific requirements and pertinent standards of both the zoning code and building code requirements prior t'^ construction of the illegal deck. Any hardship seems to b elf imposed. Page 4 of 6 20. The granting of the required variances will result in the following violation of 10.08, Subdivision 3 (A) of the zoning code with which the applicant must first comply before the requested variances can be granted. In review of the factual findings noted above, the plight of this applicant was created by her own actions or the actions of agents acting under her authority or supervision, and has nothing to do with a unique hardship related to the land. 21. The intent of this application is contrary to the intent of the Orono Comprehensive Management Plan and the Zoning Code. 22. The granting of these excessive variances would establish an adverse precedent in the City and have a negative impact on the review of similar land use applications. Adopted by the Orono City Council oi the City of Orono on this 10th day of December 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this l^'th day of December, 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 5 of 6 CHESTNUT & BROOKSPROFESSIONAL .VSSOCIATION ATTORNEYS AT L\W JACK L.CHESTNXT WILUAM F BROOKS. JR KARL L. CAMERON NE* CORTC.«OL'»*EN CRAIG A. ERICKSON DENNIS B. JOHNSON ALAN B. DEMMER** ROBEBT A. LaFLEUR. CPA JEA NE TTE A. rP EDERICKSON STUART C beak "no PIPPR jAFFR,\Y TOWER JL’J SHL-TH ninth strl llNNE.\POLIS. MINNESOTA oj - ■6U1.J39-7300 F.\Xi6121336-2940 145 UNIVERSI'n' AVE. W 4T PA IT. MINNESOTA -M03 '612)291 IW •ALSO ADMITTED IN WISCONSIN ••ALSO ADMITTED IN CALIFORNIA December 2, 1990 Ms. Jeanne Mabusth Juilding & ...oning Administrator City of Orono Orono City Hall 1335 South Brown Road Orono, Minnesota 55323 Jacquelynn M. Kelly Zoning Filing Number: 1473 Our File Number: 9244 Dear Ms. Mabusth: At your request, I am submittint^ * e lates*, ri i-rial relating to our proposal for the reccnstructia dec : a t^e property owned by Jacquelynn M. Kelly, Iccateu at 2056 .-hadywood Road, Orono, Hinnesota 553S1. you and I both know, there . -vs beun quite a history rel-ntiiig to our attempt to come up with a resol’ that would be acceptable to evervone in this case. I am hopi .^nat this last proposal will adequately set Urth our position i t is matter, and I would ask that you contact me p"ior to the c- * il meeting to discuss any discrepancies in ' • iationr vhi ,a might exist relating to the hardcover. By ^ay of history, as yoi« by Jacc|uelynn Kelly in August o instability of the deck cur. ..t.; serviced the eight sliding gl ■ ' the ^'^me, Ms. hired som»t perty was purchased . i.rat time, due to the O' the property which going across the front of to replace that de..k. After several discussions back and forth with the City Council and yourse • personal.ly, I am now hopeful that our most recent proposal wiiJ ’"eet everyone's expectations in regard to the setback prshlen and t.a hardcover calculation n the 75 to 250 foot area. There is no dispute that the^’e should not be any hardcover located in the 0 to 75 foot area, and we are not proposing any encroachment in that ne. Ms. Jeanne Mabu«th December 3, li^90 Page 2 In August of L989, when Ms, Kelly purchased the property, the hardcover calculation for the 75 foot to 250 foot zone was 7,179.4 5 square feet. Out of a total property area in that zone of 12,645 square feet, it traii-T .^.ted into the 57% hardcover for the 7 5 foot to 250 foot zone. I am enclosing Appendix 1, which consists of a hardcover calculation worksheet and Exhibits "A" throuch "E" in support of our hardcover calculations. At the last meeting I had with you, you requested that I obtain a current survey relating to the driveway area within the 75 foot to 250 foot zone. That is attached to Appendix 1 as Exhibits "A** and ”B.” As you can see, the total square footage is 2,350 feet. In regard to t.he patio/deck calculation, the original survey which I reviewed at the beginning of this application process showed a deck approximately 15 feet deep and 3 4 feet wide, equalling approximately 510 square feet. As you will see from Exhibit ”C” attached to Appendix J . the actual hardcover which existed when Ms. Kelly purchased the property included a rockbed extending 45 feet in width and 19.6 feet out from the front of the home. It means there was actually hardcover related to the deck/patio area in the amount of 882 square feet at the time Ms. KelJv purch d the home. I have reflected that on the hardcover ca*’ ■ lor rksheet which is attached hereto as Appendix 1. regard to the landscape existing at the time of the purv i of the home, I have attached a separate Exhibit "D” and ••E" which is basically the City's calculations in regard to the rockbed hardcover currently existing on the property. That figure is 1,527 square feet, and :t is somewhat less than your calculation of 1,681 square feet in that your calculation included some rockbed that was created pursuant to the old deck proposal. I have not included that rockbed in my analysis ot the hardcover calculation, as it existed when Ms. Kelly purchased rhe property. In reviewing the vari'^us minutes of the Planning Commission and the City Council, it h become clear to me that the deck had to be reconstructed such ^ u it did not violate the average setback and such that th *.rdcover in the 75 foot to 2 50 foot range would be reduced. . am attaching hereto Appendix 2, which is the proposed hardcover calculation in the 75 foot * 250 foot zone, based upon the revised deck which is shown on exnibits "A" and "B" attached thereto. My client has agreed to remove all the existing rockbeds and plastic ur.derliner, originally totaling 1,527 square feet, thereby reducing the total hardcover in the 75 foot A: Ms. Jeanne Mabusth December 3, 1990 Page 3 to 250 foot zone from 7,179.45 square feet to 6,140.45 square feet. This is an 8% reduction, bringing t..e total hardcover in the 7 5 foot to 250 foot zone down to 49%. In simple terms, we are increasing the deck/patio area by 153 square feet, and correspondingly reducing the "landscape underlined by plastic sheeting" by 1,527 square feet. This is a net reduction of approximately 1,369 square feet of hardcover in the 75 foot to 250 foot zone. I would appreciate it if you would make this documentation available to each and every Council member so* that they fully understand the revisions we are attempting to make in order to obtain their approval. In the event you have any questions prior to the Council meeting, please contact me at my Minneapolis office above, and I will attempt tr ’•esolve them prior to that meeting. Sincerely, DBJ:d . Enclosures cc: Ms. Jackie Kelly HARZCCvEi' wcrkchet SH’BACX zcNc: Cc:."CL£ gne' 0-7:' 7:-25j' 25G-:C2' 5CC-1C22' &<:STING Ha;^G(;gve= in Zgne A. KcUSc 36.5 X 23 S.r. LENGTH 32.6 X WIDTH n 2 3 .. S.r. X _ S.F. X s S.r. X s S.r. B-22.1 X 20.35 =449.7 S.F. C. DRIVEVyAY X 2.350 S.F. X s S.F. 0. Sidewalk 54.5 X 2.5 s 136.0 s.-. 47.9 X 3.5 s 167.7 9.3 X 9.5 88 . 35 E« Patio / D eck 19.6 X SH ' 45 / C S.f. F. Landscape X S.F. areas UNDERLAIN BY Gs-‘»y<u^ / S-9 f X s S.F. PLASTIC SHEETING X . S.F. X 3 S.F. 6. Other X ai S.F. Total Hardcover IN Zone 75iOf- ‘^■S j- -^79r^5s.F. [ (See survey and hereto as Exhibits "A" {See Exhibit "C," includes existin< rockbed) (See Exhibiis "D" and ”E" attached hereto) T otal Propehty Area in Z one fA|»^-wyr*5 -•flB] 12, 12,645 :.F. S 645 X 100 = ^ EXISTING HARDCOVER ON DATE OF PURCHASE BY APPLICANT APPENDIX 1 ' ISI ^ HAR lCu VER -C'JLATICN '^CRKSHEET s£T3Ac:< zCiNE: (c:."CL£ cne ) Q“/r' 7:-2SG' 2rG-:C0' Si2-^CC2' Existing H a^^zcjcve? in Zcne A. House c. Driveway E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY , , PLASTIC SHEETING G. Other 36.5 X 23 _i, 022 LENGTH 32.6 X WIDTH 27.2 =386 . ~ X S X .s X .ss 22.1 X 20.35 449.7 X s 2, 350 S.r. S.r. S.r, S.r. S.r, S.r. D. Sidewalk ‘ 47.9 X X X (See survey and letter attached • hereto as Elxhibits "A” and S.r, "B") 2.5 13C-.0 S.r. 3.5 .67.S r. 9.3 - X _ X 9.5 88. 35 S.r. 1,040 - X - X _ X . -0- - X _ X . S.F. . S.F. S.F. S.F. S.F, S.F. (See Exhibit "B") Total Hardcover in Zone Total Property Area in Zone 6,l40.45s.p. JT Pa] 6,140.45 4|T| 12,645 x 100 = 49 % PROPOSED HARDCOVER AFTEPT REPLACEMENT OF DECK APPENDIX 2 ' ADVANCE SURVEYING & ENGINEERING CO. 5300 Highway 101 South Minnetonka, MN 55345 Phone 474 7964 Fax 474 S267 James Klein 2056 Shadywood Road Orono, MN. 55323 Date: November 7,1990 Dear James: At your suggestion, we have examined the calculations for the area of the driveway area within the 75 foot to 250 foot zone on your property at the above address. We agree with you that our previous result is in error. It appears that the line intended to designate the limit of the 250 foot zone was incorrectly measured from the existing lake shore rather than the ordinaiy high water line. The enclosed, revised, survey correctly shows the limit of the 250 foot zone. The correct area of the driveway in the 75 foot to 250 foot zone is 2,350 square feet rather than 1,404 square feet as previously reported. We apologize for any inconvenience this error may have caused you. Sincerely; Samuel G. Parker, R.L.S. Vice President SGP:sp enc EXHIBIT "A" / .45 ’ Rock Bed —34*^ Originel Deck;5 ‘ 19‘ 6‘ House I / exhibit ”C" ROCXBED - PLASTIC UNDERLINED TAKEN PROM CITY CALCULATIONS DATED 1/2/90 S: 3 X 36 T: 3 X 50 U; 20.2 X 10/2 V: 6.5 X 18 = W: 7 X 29/2 = X: 172 X 2.5 = Y: 173 X 3 108 150 101 117 102 430 519 square square square square square square square feet feet feet feet feet reet feet 1,527 square feet ~T'o f- ^ *2- A?' ■>-»-;/' /3 3 4v_G ' L‘ iJa A_ ? V ^ • J EXHIBIT ”D” c:rORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 ZONING FILE #1445-GREGORY PETERSON CONTINUED Mr. Peterson stated that the Planning torrmission expressed any probieni v;ith the fencing propose^. had not Councilmember Peterson said, "The Planning Ccrunission may have interpreted your request for a fence to be around the pool, not around the yard." It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2838» granting the street/front setback and height variances to construct a fence. sub:ect to Mrs. Garcia’s letter being properly executed and to starf s determination regarding a permit. Motion, Ayes-2, Ca^^ahan, Peterson, Goetten. Nay. Motion failed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to conceptually deny the application of Gregory Peterson for front/street setback and height variances to construct a fence. Callahan noted that Mr. Peterson is required to have a 5' fence. Goetten stated that Mr. Peterson’s insurance company is requiring a 5’ fence around the pool, not around the yard. Mabusth stated that Mr. Peterson has the right to place a 5' fence out of the 50' setback areas along the side yard. Callahan stated that since opaqueness of the fence seemed to be the objection it may be appropriate to require that chain linK oe used rather than wood. Mr. Peterson indicated that he is opposed to chain link. Nettles suggested allowing a 2h' wood fence with IJ5* of lattice board on top to reduce the opaque nature. Mr. Peterson stated that the wood . -rtions he intends to use are 5’4”. Mr. Peterson indicated that he has considered removing every other picket to make the fence less opaque. Motion, Ayes-2, Grabek, Nettles, Callahan, Nay. Motion failed. was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2838, granting the street/front setback and height variances to construct a t.ence, subject to every other pioxet being omitted from the fence, the letter from Mrs. Garcia be executed, and staff's determination regarding a building permit for the fence. Motion, Ayes-3, Goetten and Peterson, Nay. Motion passed. #1473 JACQUELYN KELLY 2056 SHADYWOOD ROAD AFTBR-THB-FACT VARIANCE Mr. Dennis Johnson, Ms. Kelly’s Attorney, was present on her behalf. Bernhardson informed Council that Ms. Kelly i?^ presenting a revised plan from the original that she proposed when Council last reviewed this application. He noted that plastic underlining would be removed from existing rock beds and in the 250' - 500* zone, fabric would be placed beneath the landscaping. 5 - II I:- ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990ZONING FILE #1473-KELLY CONTINUED a— = ^ Mabusth added that hardcover wil- be reducea^ 9o. s.. . , or 4.7%, This further reduction would bring tne tota- .*aracover 52.5% for the entire property. Mr. Johnson noted that approximately 3’ of deck would extenc beyond the average setback line. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to conceptually deny the tSf!oris^more^thaf doubl%^^^ fSetback present at the August 13, 1990 Council Meeting. Motion, Ayes-5, Nays-0. Motion passed. #1502 MICHAEL HILBELINK 2180 PROSPECT AVENUE VARIANCE RESOLUTION #2839 Mr. Hilbelink was not present Jentilucci, adjacent property owner, HeiJckila, were present. for and this matter, his Attorney, Mr. Neil Mayor Grabek indicated that Mr. Hilbelink had no concerns regarding the Resolution presented for Council to adopt this evening. will be necessary to excavate 150 cubic yards from the French Creek property to alleviate ponding above the 952 elevation. e Honeo%imers' Association has agreed to allow the excavation and the temporary easements necessary. Mr. pay for the excavation portion of the project which will be through a City contractor.” Mr. Jentilucci expressed his appreciation for the ei °tts of the City to resolve the d.rainage pro:, u:. ?=. He stated still concerned that development of cha awlle isawAl« nearer to his property. He said that the swale is on V. p *oAr 1°' “ 15' into Mr. Hilbelink-s property. Jentilucci has also agreed to execute an agreement. - 6 - f OROHO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 Mayor Grabek asked Bellows what specific concerns the Planning Commission has regarding the recent request. Bellows replied, "We were assured that all trees that were to be pres Lved would be clearly marked before work began on the site. Th it is not being done. The Planning Commission is concerned because trees cannot be replaced after-the-fact.’’ Mayor Grabek asked staff tc review the concerns raised by Bellows. He asked if the retention pond had been constructed in a manner other than what the developer had proposed. Zoning Administrator Mabusth replied, "The final seeding is lacking from the retention pond area. However, the City did not request the developer to provide plantings. The developer did not provide much detail on the actual retention pond because it was located within the commercial outlet set aside for future development. The City did not expect the pond to be as large as it is. The final plat approval only specified that the developer provide ground cover around the retention pond. In fact. City staff would discourage the use of plantings along one side because of a sighting problem that may be created." Gerhardson added, "The City has not completed its project along the west end of the pond and that is contributing to the unsightliness of the area." It was moved by Councilmember v .iahan, seconded by CounciImember Goetten, to table this . :em until the September 10, 1990 Council Meeting. Motion, Ayes-4, Nays-0. Motion passed. »jl473 JRCQOBLni KBLLT 2054 8HAOTNDOD ROAD ARBR-Tn-rACT VARZAHCB RIQDBST TO TABLE Bernhardson explained tnat due to the pending denial and a discrepancy in the hardcover calculations, the applicant has requested that this item be tabled. Councilmember Callahan noted that this matter was first presented some time ago. Re questioned why there is still a - 2 - ZONING FILE #1334-REBERS CONTINUED to the Council the Planning Commission's concerns involved with this request and asked that it be monitored closely. He suggested that the resolution allowing any diversion from what the City originally approved be very precise. Chairman Kelley also asked that the Council, in dealing with this matter, once again speak to the developer about the conditions at the corner of Brown Road and Highway 12. The Planning Commission woult like to see some kind of plantings or screening around the retention pond.• r- tr' ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 ZONING FILE 11473-KELLY CONTINUED discrepancy in the hardcover calculations. Mabusth replied that it was the applicant's understanding nat removal of landscaping would result in a 10% reduction in i.-dcover. She stated that staff's calculations determined that only a 5% reductif-n would occur. Mabusth said, "I would lik« r.he opportunity tc *et again with the applicants to discuss the hardcover It was moved Councilmember Goet* 4# Nays-0, Moti«> by Councilmember Callahan, seconded by '.3 table application #1473. Motion, Ayes- d. #1506 CAROL SENN 3220 ffATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #2844* It was movedIt was movea by Councilmember Callahan, seconded by COu4«cilmember Peterson, to adopt Resolution #2c44, approving the Plat of Senn Orono Addition. Motion, Ayes-4, ?7?yc-0. Motion passed. #1509 EARL FREEMAN NATBRTOIIN ROAD VARIANCE Mr. Freeman was not present Bernhardson said, "Staff has reviewed the possible actions that the City can take in relation to the free standing accessory structure. We feel that it is appropria>s to grant a variance at this point. Staff has determined chat since a principal structure did exist on the property and that it was removed by a hazardous building proceeding, we cannot remove the accessory g^jfUQ-ture because it is legal non-conforming use. Approval of a variance would allow .ae City to set the conditions under which the structure can remain." Counci Imeiaber Callahan indicated that he would not be in favor of granting such a variance. Mabusth asked City Attorney Barrett whether it would be appropriate to require a cc^diticnai use permit to dea± with the aspect of the legal non-conlc-ng structure. City Attorney Barrett replied, "The non-conforming use status arises either from the Constitution, because Freeman has property that we cannot take, or from the recognition of such uses within the City*s ordinances. The city has no provi^-^n to license non-conforming uses. Granting a variance woulu vide the City with a negotiating tool to assure that .. tain improvements on the property occurred." - 3 - *• Ki--'•, *;icr:: -. i I *’\-l £.’J‘-- I; ------ . /SsvH'ss: rro»*“n^‘-^‘ . • • iT* '-S'- ^ — ■■: .--t-.r.r../*;’V- -* t.. ‘•i».~^.( --•v.jSiMi y............ <Z s4t^*ScsS5^ :2t|;-.S^^ _<r' ■'d N0TE» Areas marked "Rock Bed "are underlaid by plaet^ic sheeting. 2»0T£: Exi'sVma Deck 1040 SQ. FT. RevtSed Deck 1040 5Q pj C-vjNCiL ;:ic£TING DEC 10 1990 CITY OF ORONO To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 4, 1990 Subject: #1475 John McDowell, 4045-4135 Bayside - Final Subdivision Approval - Resolution ^ List of Exhibits Exhibit A - Final Plat Resolution Exhibit B - Preliminary Plat Resolution #2762 Exhibit C - Copy of Final Plat Drawings The applicant has completed all requirements of Resolution #2762 for final plat approval. A resolution for final plat approval is attached. Staff Recommendation - Staff recommends approval for the plat of Bayside Ridge for John McDowell and Charles N. Hay^'sen at 4045-4135 Bayside Road, per the attached resolution. A RESOLOTION APPROVING THE PLAT OF BAYSIDE RIDGE FILE NO. 1475 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by John McDowell and Charles N. Hayssen, the subdividers; and WHEREAS, on February 26, 1990, the City Council approved Resolution #2762 granting preliminary approval for a plat at 4045-4135 Bayside Road; and WHEREAS, the proposed plat contains four lots, each exceeding the 2.0 acre minimum lot area requirement. Lots 1 and 4 contain existing residences, and are included in the plat to accommodate rearrangement of lot lines. Lots 2 and 3 are created as two new building sites. Lot 3 requires a variance by virtue of it being a newly created lot without frontage on a public roadway. Lot 3 requires a variance to the 200' lot width standard; and WHEREAS, proposed Lots 2 and 3 are intended to access to Bayside Road via an easement shared driveway over the neighboring abutting property between Lots 2 and 3 and Bayside Road. This shared driveway shall be constructed as a private driveway and will not be subject to a City Road and Utility Easement; and WHEREAS, a 25' wide driveway outlet platted as Outlet A is intended to remain in the same ownership as Lot 2 and is Intended to provide legal access to the westerly existing private easement road should access for Lot 2 become available to that roadway in the future. It is further intended that until such time that Lots 2 and 3 gain legal access to Bayside Road via the existing private road across the neighboring White property, at that time Lots 2 and 3 shall be required to access to such private road and all direct access or easement driveway access to Bayside Road at that time shall be eliminated; and Page 1 of 3 WHEREASv the two newly created building lots and the two existing homestead lots all have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the existing or proposed single family residences; and ffHBREAS, except for the variances noted above, the subdivision has been found to meet all other standards of the LR- lA zoning district, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of further variances? and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all the requirements of Resolution #2762. 2. Creation of a private driveway outlot shown on the plat as Outlot A. 3. Applicant has obtained the necessary private driveway access easement across the adjacent White property, in order to gain access to Bayside Road for Lots 2 and 3. 4. Payment to the City of a Park Dedication Fee of $200.00 each for Lots 2 and 3 totaling $400.00. 5. Payment to the City of final plat administrative fee of $150.00 and legal review and filing fees of $75.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Bayside Ridge, Hennepin County, Minnesota, subject to the following condition: 1. A variance is hereby granted for Lot 2 to the 200' lot width standard and fcr lack of frontage on a public roadway. 2. Access to Lots 2 and 3 shall be via the private driveway easement across the White property to the north. At such future time that an alternative access becomes legally available to Lots 2 and 3 via the existing private road near the westerly boundary of Lot 3 and Outlot A, Lots 2 and 3 shall be required to access to such private road and all direct access or easement driveway access to Bayside Road shall at that time be eliminated. 3. Lots 1 and 4 will continue to use and maintain their private driveway accesses as currently exist. Page 2 of 3 4. Outlet A shall remain in the same ownership as Lot 2 and shall serve as future private driveway access to the existing private easement road located just west of Lot 3 and Outlet A. 5. The owner of Lots 2 and 3 shall take positive measures to avoid disruption of the tested and approved primary and alternate drainfield sites within those properties, until such time as those sites are used for drainfield systems. 6. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before June 10, 1991 together with a certified original copy of this Resolution and executed copies of the Private Driveway Acces Easement as noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 10th day of December, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 3 of 3 Ib CITY loROf'K>- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 4045-4135 BAYSIDE ROAD FILE NO. 1475 WHEREAS, John McDowell on October 2‘7, 1989 filed a formal subdivision application with the City for approval of a lot line rearrangement and two-lot residential plat of property owned by John McDowell and Charles N. Rayssen, legally described as follows: Tracts A and B, Registered Land Survey No.. "’48, Hennepin County, Minnesota; and Tract D, Registered Land Survey No. 540, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 46 2.3 58 et. seq. and the City of Orono Zoning and Platting Codes, the Crono Planning Commission held a public hearing on November 20, 1989 and January 16, 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 February 26, 1990 the Orono City Council considered the subdivision application of John McDowell and Charles N. Hayssen, noting the following findings of fact: 1. The property is located within the LP-IA Single Family Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created or revised lot. 2. The property contains a total of approximately 15.5 acres, all of which is considered as dry buildable land. 3. The proposed plat consists of a lot line rearrangement between the two homestead parcels within the property, and further includes a lot split of an existing 6.6 acre parcel to create two building s:.tes each in excess of three acres of dry buildable land. Each rearranged lot and each newly created lot exceeds the 2.0 minimum lot area requirement. 4. Proposed Lot 3 requires a variance by virtue of it being a newly created lot without frontage on a public roadway. Page 1 of 4 CrTY ORONO-i City of OROINO RESOLUTION OF THE CITY COUNCIL NO. _________ ______ posed Lots 2 and 3 are proposed to access to Hayside Road via an easement shared driveway over the neighboring abutting property between Lots 2 and 3 and Bayside Bead, Lot 3 technically requires a variance to the 200' lot width standard since it does not abut an outlet that provides it direct access to a public road. However, each of newly created Lots 2 and *3 meet the required 200' width at the building site. Both Lots 2 and 3 exceed 200' in both width and depth dimensions. 6. The private access easement intended to serve Lots 2 and 3 shall be constructed as a private driveway^ and wi]l not be subject to a City road and utility easement. 7. A 25' wide driveway outlot for private driveway purposes is intended to be platted along the north boundary of proposed Lot 3, to serve Lot 2. This outlot shall remain in the same ownership as Lot 2, and is intended to provide legal access to the westerly existing private easement road should access for Lot 2 become available zo that roadway in the future. 8. It is intended that at such time that Lots 2 and 3 gain legal access to Bayside Road via the existing private road across the neighboring White property, at that time Lots 2 and 3 shall be required to access to such private road, and all direct access or easement driveway access to Bayside Road at that time be eliminated. 9. No additional right-of-way is to be dedicated for County Road 84. 10. The two newly created building lots and the two existing homestead lots being rearranged, all have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the existing or proposed single family residences. 11. Single family residences can be constructed on each of the new Lots 2 and 3 without the need for further variances. 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 John McDowell and Charles N. Hayssen at 4045-4135 Bayside Road per the survey attached as Exhibit A hereto by Sathre Bergquist Inc., subject to the following conditions: Page 2 of 4 cmr €>RONO- City of OROiNORESOLUTION OF THE CITY COUNCIL NO. __________ location of the proposed private driveway access to serve Lots 2 and 3 shafl be as shown on Exhibit B attached. Lots 2 and 3 shall derive their principal access via such driveway easement. Prior to filing of the subdivision, applicants shall satisfy the City Attorney that such legal access has been appropriately granted and filed with Hennepin County. 2. At such time that an alternative access becomes legally available to Lots 2 and 3 via che existing private road abutting the westerly boundary of the property, Lots 2 and 3 shall be required to access to such private road, and all direct access or easement driveway access to Bayside Road shall at that time be eliminated. 3. A variance will be granted to the 200' lot width standard for Lot 3, and likewise a variance will be granted to Lot 3 for lack of frontage on a public roadway. 4. Lots 1 and 4 will continue to use and maintain their private driveway accesses as currently exist. 5. The private road outlot along the westerly boundary of the property shall be omitted from the plat drawings, as shall language dedicating that outlot for road purposes. 6. Outlot A shall remain in the same ownership as Lot 2 and shall serve as future private driveway access to the existing private easement road located just west of the property. 7. Standard drainage and utility easements to be shown on the plat along lot lines. 8. Payment of standard Park Fees of $200.00 each for Lots 2 and 3. The following list of final submittals must be submitted to the Zoning Admini s* ■-'•or two weeks prior to the regularly scheduled Council meeting on the second v. d 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: Page 3 of 4 f CJTY^ OF ORONO- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -^-62 Lot lines platted per preliminary survey by Sathre Bergquist Inc. attached as Exhibit A hereto as^revised per the conditions herein. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. 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. Title opinions shall be required of both Hayssen and McDowell for their various property interests in the plat. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed easement document for the Bayside Road access driveway over the White property. C. FEES TO BE PAID: Total Due $625.00 a) Park dedication fee per current schedule: 2 new residential lots 0 2 acre density = $200/lot Total = $400.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $75.00 Adopted by the City Council of the City of Minnesota at a regular meeting held this 26th of February cm OF inmmd Cl m.io-rfrrr r; — r- RESOLUTION =:'"62 STATS OF MINNESOTA ) COUNT! OF HENNEPIN ) ) CITT OF ORQNO ) I Dorothy H. Hallln. City Clerk of the City of Orono. Hennepin county, Minnesota, do hereby certify that I have eonpared the proceedlnHs^ofsald^ and correct copy af said resolution was duly adopted by said Ci^y Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14th_ _. day of March_ _ _ _ _ _ _ 19 90 Df '^thy M. Hallin, City Cler!< (SEAL) «. From: Date: Subject: Mayor Grabek & Orono Council Members i^*"r»yrv‘* * -r'mACity Administrator Bernhardson *•I’iCtTifiu Jeanne A. Mabusth, Building & Zoning Administrator ^^q q December 3, 1990 #1521 A1 Kreb, 115 Old Crystal Bay Road North - Preliminary Subdivision - Resolution CITY OF ORONO Application - Subdivision of 3 lot plat, class III, division. Original proposal reviewed under application #1289, Robert & Ann Will. Total area = 8.04 acres Lot 1, Block 1 - 2.53 acres dry buildable Lot 1, Block * 2.50 acres dry buildable Lot 2, Block 2 = 2.51 acres dry buildable List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Application Property Owners List Plat Map City Attorney's Opinion Ordinance #77, Second Series Rolling Meadows 2nd Addition Site Plan/Private Driveway Outlot/Septic Mapping Lot I, Block 2 Map Proposed North/South, East/West Roads Council Minutes 12/11/89 Cook's Report 10/10/89 Planning Commission Minutes of 5/21/90 Revised Preliminary Plat Brief Review of Application - This should be a very familiar 3-lot plat to the Council as considerable time was spent on the review of this subdivision in 1989. The current application proposes the same 3 lot layout. Lot 2 Block 2 shall be served by a 25' outlet along the northe n boundary of Lot 1, Block 2. The access road shall be an extension of Wear Lane North. A temporary cul-de-sac shall be installed at the northern border. Note that in the current revised plan, the applicant has noted the placement of trees and the road outlot has been curved to save the mature plantings. The applicant has also provided the additional septic testing required by the City for Lot 1, Block 2 and because of the curved road alignment additional septic testing for Lot 1, Block 1. Gaffron has reviewed all recent septic test information and has accepted the on-site evaluator's findings. Staff recommends that septic test sites on Lots 1 and 2, Block 2 and test site on southeast corner of Lot 1, Block 1 be fenced prior to any land alteration. Zoning File #1521 December 3, 1990 Page 2 of 2 In addition, it is recommended that a covenant be filed against the chain of title of Lots 1 and 2, Block 2 in order to ensure septic test sites are protected at some future date when driveway is constructed to serve Lot 2, Block 2. The enclosed resolution has included these as conditions of approval. Once again, the key issue for this subdivision review is access and future access. The Planning Commission strongly recommends that Wear Lane North and Wear Circle be made public roads because of the unique circumstances surrounding the existing private road to the immediate south, and the conflict of overlapping maintenance responsibilities. An issue not addressed in the earlier review was the question of access to the west, specifically, to the Avery Stubbs' property. The Planning Commission was asked to determine if the 25' corridor should be taken along the south lot line of Lot 1, Block 1 for future access to the northern portions of the A. Stubbs' property. The Planning Commission unanimously voted against this request. Members recommended that future access to the Stubbs' property should be either through an interior road access from Watertown Road or from the Stubbs' property to .he immediate north of this property. The Planning Commission also noted that if access to the north of the Stubbs' property was of concern, that it should have been addressed during the review of the Alan Carlson's 16 lot plat. Tom Barrett will be prepared to respond to any questions Council Members may have regarding use of road outlot extension within Rolling Meadows plat. If Council concurs with Planning Commission recommendation that Wear Lane North and Wear Circle be reclassified as public, the City staff must follow the defined process for classifying roads as public. The Planning Commission also approved the new owner's request to allow temporary access off of Old Crystal Bay Road North while existing residence is in use. At the time of new residential construction on the property, a driveway would be developed via the 25' outlot from the west. The Planning Commission wanted it to be specifically noted that Lot 2, Block 2's front yard was to be the west lot line. The Planning Commission recommended unanimous approval of the three lot plat. The enclosed preliminary subdivision approval resolution has been drafted per the Planning Commission's approval recommendation. Please review the enclosed staff memo dated May 15, 1990 for more background on issues raised with this current subdivision review. A RESOLUTION GRANTING PRELIMINARY APPROVAL OP A PLAT FOR THE PROPERTY LOCATED AT 115 OLD CRYSTAL BAY ROAD NORTH FILE NO. 1521 WHEREAS, Stephen Lombardozi (hereinafter "the applicant") on March 28, 1<>90 filed a formal subdivision application with the City for approval of a three lot residential plat of a property legally described as follows: The nortn i6 rods of the south 3/4 of the southeast 1/4 of the southwest 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota, (hereinafter "the property") and ; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 21 , 1 990 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 October 22, 1990 the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact; 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 8.04 acres. All of which is considered dry buildable lands. 3. The proposed plat contains three lots each exceeding the 2.0 acre minimum lot area requirement. 4. All three lots have been found to have adequate and suitable area for both princioal and alternate on site sewage treatment systems meeting all requirements of the on site sewage treatment code of the City. 5. All lots have been planned so that each lot can be developed with residential structures meeting all required setbacks of the zoning district. Page 1 of 4 6. The proposed amended plan that provides access to all lots via an interior plat road meets the full intent of the Comprehensive Plan of the City. NOW, THEREFORE BE RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Stephen Lombardozi for the property located at 115 Old Crystal Bay Road North per the survey by All Metro Land Surveyors originaixy dated 5/10/88, revised 12/1/90, subject to the following conditions: 1. All lots shall achieve access via the extension of Wear Lane North. No additional curb cuts shall be allowed at Old Crystal Bay Road except that City will allow existing drive way serving residence within Lot 2, Block 2 until a new principal structure is installed on property. 2. Public road to be installed to northern boundary of property. Temporary cul-de-sac to be installed at northern border. Applicant to provide underlying road and utility easements over portions of cul-de-sac not located within 50' public road. Applicant shall be responsible for the removal of the existing cul-de-sac within Wear Lane North. 3. Septic test site within southeast portion of Lot 1, Block 1, Lot 1, Block 2 and Lot 2, Block 2 must be fenced off prior to any land alterations within the subject property. 4. Engineering plans for road must be approved by the City Engineer before the applicant's contractor can begin construction of public road. 5. Applicant shall have filed against the chain of title of Lots 1 and 2, Block 2 covenants that define location of septic test sites in order to protect these areas at the time a future drive is installed within private driveway outlet to serve Lot 2, Block 2. 6. Outlet B has been created for the sole use of Lot 2, Block 2 for driveway purposes only and Outlet B shall be legally combined with Lot 2, Block 2 upon the filing of the final plat. Page 2 of 4 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 All Metro Land Surveyors Inc, revised 12/1/90. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation an ledication of a public road within the subject proper- (extension of Wear Lane North). d) Dedication of 33' of right-of-way for Old Crystal Bay 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 applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed developers agreement and letter of credit for construction of the public road. e) Signed and executed Road and Utilities Easement to be granted to the City over area of cul-de-sac not included in public right-of-way. Page 3 of 4 u ¥ C. FEES TO BE PAID: Total Due $700.00 a) Park dedication fee per current schedule: $200.00/each new lot Total = $400.00 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 10th day of December, 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 10th day of December, 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 From: Date: Subject: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator May 15, 1990 #1521 A1 Kreb, 115 Old Crystal Bay Rd. No. - Preliminary Subdivision - Public Hearing Application: Subdivision of 3-Lot Plat, Class 3, Division - Original proposal reviewed under Application #1289 - Robert and Ann Will. Access issues remain the key issue for this review. Total area 8.04 acres. Lot 1, Block 1 Lot 1, Block 2 Lot 2, Block 2 2.53 acres dry buildable 2.50 acres dry buildable 2.51 acres dry buildable List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - City Attorney's Opinion Exhibit E - Ordinance 77, Second Series Exhibit F - Rolling Meadows Second Edition Exhibit G - Site Plan - Private Driveway Outlot/Septic Mapping, Lot 1, Block 2 Exhibit H - Map Proposed North/South, East/West Roads Exhibit I - Council Minutes 12/11/89 Exhibit J - Cook Report 10/10/89 Review of Current Ication - The former applicant was unable to negotiate a sale of the property. The property has a new owner. Mr. Kreb is the authorized representative of that new owner. As in the original plan, all three lots will achieve permanent access from the extension of Wear Lane North. A 25' driveway outlot is provided along the north lot line of Lot 1, Block 2. The driveway at the north border of lot would provide the least impact on existing plantings. Staff has also been advised by the new owner that the applicant, Mr. Kreb, will reside in the existing residence until that lot is sold for new residential construction. Zoning File #1521 May 15, 1990 Page 2 of 4 The owner has asked that the existing access to the current residence serve as temporary access during that period of time. A permanent access is to be provided by the 25 outlot along the northern border. The City will ask for additional septic testing to confirm suitable area to the south of existing septic test sites within Lot 1, Block 2. (Review Exhibit G - note encroachment of road upon septic test area.) Please review Exhibits H and J. Cook's report asks that the City consider taking a 25' driveway out-lot along the southern border of Lot 1, Block 1 providing access to the Avery Stubbs property at the west boundary. This request has been made in order to minimize the impact upon the wetlands located at the midpoint of the Stubbs property. This issue was not addressed by the Planning Commission at the earlier review. ty 77Please review Exhibits D and E. Bathed on t Attorney's opinion, the City has adopted Ordina providing further clarification regarding the City s right to allow adjacent land owners to achieve access via private roads where the City has underlying easments. At the Planning Commission's November meeting, we granted approval of the 3-lot preliminary plat, specifically, recommending that Wear Lane North and the extension of Wear Lane North be defined as a public road to be maintained by the City of Orono upon satisfactory completion of that roadway. In light of recent directives received from both the Planning Commission and Council at a joint meeting earlier this year concerning private vs. public roads, members agreed to delay on a policy change due to the potential financial burden placed upon the City if the City was suddenly required to accept all current private roadways for public maintenance. The City Attorney opines that the City could require existing private roads with underlying public easements to be used by adjacent property owners for access and that these roadways could remain private and maintained under private covenants. Issues To Be Resolved For this Review 1, Access to Lot 2, Block 2 - Permanent access shall be proposed via a 25' the north corridor of Lot 1, Block 2. Applicant asked that a temporary access be allowed via the existing driveway serving the current residence. At the time lot is sold for residential development the new access would be via tne private driveway outlot. Is the temporary use of the Zoning File #1521 May 15, 1990 Page 3 of 4 existing driveway a concern? Prior to scheduling the application before the Council for preliminary action, applicant must provide the additional septic testing required for Lot 1, Block 1. In preliminary discussions with on-site evaluator late last year, Mr. Shirmers confirmed that he saw no problem with expanding the existing septic area to the south. 2. Driveway outlot along Lot 1, Block 1 to serve Avery Stubbs property to west. This was an issue raised very late in the feaa.lier review. It would appear there will be no impact on existing septic test sites for Lot 1, Block 1. Applicant to east developing 16-lot plat was not asked to provide a driveway outlot to the Stubbs property. Is it reasonable to seek the access corridor from this property? Should an access corridor be provided through the property to the north? B. Options : A. Acquire with this subdivision Acquire at time of future subdivision of property to immediate north Avery Stubbs property be served by an interior road accessing from Watertown Road C. 3. Public road/public maintenance versus private road/private maintenance. Has the Planning Commission changed from its original position regarding the designation of Wear Lane North and its extension? Options; A. Private road/privately maintained B. Publicly owned/publicly maintained Options of Action for 3-Lot Subdivision 1.Denial - If current proposal is to be denied, please cite the necessary findings for denial. Refer to Chapter 11. 2.Approval - If approved the following findings may be considered: A. All standards of the RR-IB zoning district, subdivision regulations and on-site septic code have been satisfied. B. Access plan for the property satisfies the intent of the Comprehensive Plan of the City. Zoning File #1521 May 15, 1990 Page 4 of 4 Approval based on the following conditions: A. Dedication of 33' of right-or-way for Old Crystal Bay Road. B. Payment of a Park Fee of $400.00 ($200.00 for each newly created lot). Application was received prior to May 1st deadline, effective date of new Park Dedication fee schedule. C. Prior to scheduling application before the Council, applicants on-site septic evaluator to provide additional septic testing for Lot 1, Block 2. In addition, septic test sites on Lot 1, Block 2 to be fenced off and protected at time private driveway is to be installed along northern boundary. D. Applicant shall be responsible for the extension of the road known as Wear Lane North to applicants northern border providing a temporary cul-de-sac as shown on revised preliminary plan. Applicant shall also be responsible for the removal of existing cul-de-sac within V7ear Lane North. E. Applicant shall execute a developer's agreement and post a letter of credit of 150% of the value of the improvements. F. Provide direction and recommendation concerning use of existing access serving Lot 2, Block 2 while current residence is in use. G. Dependi*iig upon resolve of issue of public vs. private road, if roadway is to remain private, applicant shall execute deed granting underlying road and utility easements over Outlot A and execute private road and maintenance covenants to assure that the future extension of the roadway is maintained by the benefiting properties. H. Planning Commissions's final determination regarding access to the property to the immediate west. Is it to be via this property? If so, a driveway outlot must be designated along the southern boundary of Lot 1, Block 1. 1^^' ±L^ ^ O ii ^ 'CITY OP ORONO - SUBDIVISION APPM^IOIQ y^, W _____________________________------------H iSS02 PROPERTY LOCATION * * -=*-^ 1 7^m AAwv'v' • w01 £e:v roj foA /Vk UVJl AW9VV135020if00rSite Address iV/P^ & trL ^Vrr ( property Identification Number (P.I.D.) \\^ abstract or __Please check one - Property torrens?THTAII u ink rUT4 ’ krt fkk-4^ruTTr U i u^\ .... MV V • w i w JwiiJiS 7??.5i!OiT AA• vv ________________________ APPLICANT Name ^^VfVAxvCA W» VCr^io Phone (home) 'LL? Phone (work) ^35-^*~l0n. ■;<^.=r IV^U'.'.n.^A Rfk . City; O'rctooC\X^->)_ Zip:_SH223_iAddress: Qvt'c^c OWNER (if different than applicant) Name S^xipV\g>«\J wn.Wvv ^ ^ .— Phone (home) it-a; Sw Av^A^g, o.vn-^'in 'HZ.'IL' Phone (work) Address: \g\Z30 r-if-v; SW.'t»^;^r\c ZiP? 5'5 3'^j (attach list if more than one) EXISTING LAND USB Number of Tax Parcels Development Size Present Use (check) n-h Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)_ _ _ _ ___ Present Zoning District PROPOSAL _ _ _ _ _ Division for Tax Purposes _ _ _ _ Lot Line Rearrangement Only (no new building sites) \y^ Subdivision for New Building Sites \Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) \ Existing Units New Units Total Units Units per gVz^cres ^r><=7 oCO Sq Feet Dry Buildable Land I/"Residential Other (specify)_ *-■•. /> ^ ;.k O iSCITY OP ORONO - SUBDIVISION APPqP^ION^ p ''wp* p ■« “ c''^-<:E^ ^ PROPERTY LOCATION P / —^ Site Addr? \ \ IV/'o , Q Ici Cly\^ <;Vtn ( V>\ ___________ ProDert' fication Number (P.I.D.) \600,00S' .....■■■■■■ ii t I ^ ■ ■■* afc^uvi.w-'v'wv 01 OBI ...4.g 1350200000 01 £^V 360,00 1350200000 ij^^Mor -- torrens?THTA/I u mu rUCTi Wl rULM CHECK Please chec . ,e - Property abstract or Attach legal description to application. APPLICANT Name Wv^kjA W. Phone (work) ^35-‘inO'1 1064,1 700 KA i / / «k/V 265,00 RECEIPT-ThAHK YOU------------------------------------^ ^j Phone (home) Address; 3*gS~ City; OvxtooZip; V OWNER (if different than applicant) Name SfVc-pV\e>«v; L. c vwWvr ^ ^.z T Phone (home) -^L76'Phone (work) Address; \^?30 Ci K,^^c\\r^'C-cu^^ City; SWv<i^;trr^ (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) Zip; S537>\ n.e Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)_ _ _ _ _ _ _ Present Zoning District PROPOSAL _ _ _ _ _ _ _ Division for Tax Purposes _ _ _ _ _ _ Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites \Number of Buildi.g Sites; Proposed Gross Density; Minimum Lot Size; Proposed Use; (check) __ Existing Units ^ New Units Total Units 1 Units per cres \b5T CCO Sq Feet Dry Buildable Land vX Residential Ciner (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List or 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 fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) 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 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 Owner's Signature Date Date Applicant must have all submittals into ttie 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 meet-’.ig. 3 i s> RUN DATE 03/26/90 BATCH 002 PROP AODR OHNER NAME TAXPAYER NAME/ADOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP AODR a«IER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/ADDR 9 <3 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST 38 33-118-23 31 0007 00225 OLD CRYSTAL BAY RD N S K GOLDSMITH A L 0 SCHHIE S K GOLDSMITH A L D SCHHIE 1017 EAST HAY2ATA BLVD NAYZATA 55391 PROP AOOR OHNER NAME TAXPAYER. NAME/AOOR 38 33-118-23 39 0001 00185 OLD CRYSTAL BAY RO N L S STUBBS ETAL LYDON SHERHOOO STUBBS 185 OLD CRYSTAL BAY RO N LONG LAKE MN 55356 38 33-118-23 34 0005 00085 NEAR LA N M P A 6 M SIEVER' MICHAEL P SIEVEk 7829 61ST AVE N NEN HOPE MN 55428 38 33-118-23 34 0008 02850 NEAR CIR R M LORENZEN II A P J ELDER ROBERT M LORENZEN II PRISCILLA J ELDER 3016 IDAHO AVE S ST LOUIS PAPX MN 55426 38 33-118-23 34 0011 00038 ADDRESS UNASSIGNEO NEAR ENTERPRISES PARTNERSHIP NEAR ENTERPRISES PARTNERSHIP C/0 NILLIAM H HEAR PO BOX 245 LONG LAKE MN 55356 38 33-118-23 43 0001 02760 NATERTONN RO GRACE L ROSCH MRS GRACE ROSCH 2760 HATERT0M4 RD LONG LAKE MN 55356 38 33-118-23 32 0001 03140 HATERTOHN RO DORSET DEVELOPMENT ’ C DORSET DEVELOPME- 3125 FOX ST LONG LAKE MN 38 33-118-23 34 0 J2 00115 OLD CRYSTAL BAY RO N VERNICE LILLIAN HHITE VERNICE L HHITE 115 OLD CRYSTAL BAY RO N LONG LAKE 55356 38 33-118-23 34 0006 00055 HEAR LA N HEAR ENTERPRISES PARTNERSHIP NEAR ENTERPRISES PARTNERSHIP C/0 HILLIAM H HEAR P 0 BOX 245 LONG LAKE MN 55356 38 33-118-23 34 0009 02845 HEAR CIR HEAR ENTERPRISES PARTNERSHIP HEAR ENTERPRISES PARTNERSHIP C/0 HILLIAM H HEAR PO BOX 245 LONG LAKE MN 55356 38 33-118-23 34 0012 00038 ADDRESS UNASSIGt^ED HEAR ENTERPRISES PARTNERSHIP HEAR ENTERPRISES PARTNERSHIP C/O HILLIAM H HEAP PO BOX 245 LOf« LAKE MN 55356 38 33-118-23 43 0006 00160 OLD CRYSTAL BAY RO N H M HILL ARB HILL HARVEY M A ROSEMARY B HILL 8151 GRANOVIEH RD CHANHASSEN MN 55317 REPORT NO. PI435401 PAGE 5 38 33-118-23 33 0001 03020 HATERTOHN RO R A STUBBS ETAL R A STUBBS 3020 HATERTOHN RO LONG LAKE MN 55356 38 33-118-23 34 0004 02900 HATERTOHN RO 0 GUIMONO A S SCHNITZLER DAVID G GUIMONO 2900 HATERTOHN ROAD LONG LAKE MN 55356 38 33-118-23 34 0007 02900 HEAR CIR HEAR ENTERPRISES PARTNERSHIP HEAR ENTERPRISES PARTNERSHIP C/O HILLIAM H HEAR PO BOX 245 LONG LAKE MN 55356 38 33-118-23 34 0010 02935 HEAR CIR HEAR ENTERPRISES PARTNERSHIP HEAR ENTERPRISES PARTNERSHIP C/O HILLIAM H HEAR PO BOX 245 LONG LAKE MN 55356 38 33-118-23 42 0010 02775 SILVER VIEH DR CR4IG J BRANDENBURG ETAL CRAIG J BRANDENBURG 2775 SILVER VIEH RD LONG LAKE MN 55356 TOTAL BATCH 002 00017 TO: FROM: RE: DATE; 0- Citv of Orono - LF 3643-091 Regulation of the Qse of Private Property July 21, 1989 ISSUE • • May the City of Orono compel private owners to allow public passage on a private road without making the road public? CONCLUSION The City of Orono probably may compel private owners of a road to open the road for use by the general public under anoropriate easements. Further, the City can likely coitiDei such access under M.S.A. S 412.221, subd. 2 as it was"interpreted by the Minnesota Supreme Court in Borchert Village of North Oaks, 254 Minn. 32, 117 N.W.2d 396 (1962) . “ DISCnSSION AND ANALYSIS May the city of Orono compel private owners to allow public passage on a private road without making the road public? A. The City of Orono may compel private owners to allow pnhTig passage on a private road by asserting its rights to the olatted easement. Under the terms of easements granted it, the City of Orono able to assert that it has a right to open the private i-< to all homeowners who live on the private road or to all people who could be reasonably expected to use the roads. The exercising of the easement rights by the City of Orono is consistent with both the Comprehensive Management Plan (hereinafter "CMP") and the Transportation Plan Oi. the City. The d? provides that the purpose of the easements is to "ensure legal access of the public"to the properties served by the private road." CIP 7-12. The Transportation Plan provides that. [t]he arrangement of streets shall provide for the continuation of streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities and where such continuation is in accordance with the City Compre hensive Municipal Plan. City of Orono Municipal Code, S 11.32, subd. (H)(1). Pursuant to the CMP and the Municipal Code, the easements may be utilized by the City to ensure legal access of properties served by the private road. In making its decision to exercise its easement rights, the City may decide that the opening of private roads for use by homeowners in new subdivisions is necessary for the convenient movement of traffic.' B.The City of Orono may compel private owners to allow puDlic passage on a private road by exercising its general welfare powers. The Minnesota State Legislature has provided specific powers for city councils. Among its enumerated powers. The Council shall have power to provide for the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residents, trade and commerce, and the promotion of health, safety and order, convenience*, and the general welfare by such ordinances not inconsistent with the Constitution and laws of the United States or of this state as it shall deem expedient. M.S.A. S 412.221, Subd. 32 (emphasis added). The welfare powers which are outlined in M.S.A. S 412.221 are to be interpreted broadly so as to sustain municipal activities reasonably related to the needs of the city. Sverkerson v. City of Minneapolis, 204 Minn. 388, 283 N.W. 555, 556 (1939). The Supreme Court of Minnesota has held that the general powers contained in M.S.A. S 412.221 are broad enough to allow a village to regulate traffic and to expend funds to enforce such regulations upon privately-owned roads. Borchert v. Village of -2- north oaks, 264 Mi,n. 32, 117 N.W.2d 396 (1962). reasoned. The court This court has heretofore held that a niu.oici?al has the power unaer [M.S.A. § 412.22^, subd ”2 to regulate the use of private as well as ui [Wjhatever the e.xte.it or police power over ordinary private roads which ®f- fr^ly used bv the public, that power raus. -e he.d L extend to such private ^i^^e^scoo^ ofthe whole road system of a village- - U..e scope or ^nd ^while iris'espIciLly"occupierwith^what^^ •5 rr;!irLr.r.TK ^""^ttme L regarded as not within such power, may, ”=■recognized as a legitimate suoDecr for the exe..-se of the power.' Id. at 400.(citing 62 C.J.S. Municipal Corporations,§ 128) . ,.3 in the viTiaae of North Oaks is somewhatThe road system in the Y -- - Orono. Both cities analogous to ''the roads contained in the cities are are unique in that • the resoect that the private. The to the homeowners in North Oaks underlying easement . f^rono The City of Orono may but reverts ^^^c^er? aMe^fits Ldinancss sorely on the reasoning in |orc|e|£ homeowners and t.heir that all private roads roads to get to their subd. 32. An opinion of the Attorney General, , that a city council acting ' orivatelv-owned street empowered lo provide '«"°^tic irthe'^expenle^f the open for use to the Pf ^|=/%77!-ll. Sept. 13, 1978. abutting homeowners. °P- ^“^his conclusion by resolving the The Attorney General regard for the public case 'upon its city providing the serviceinterest to be served by the cicy directly./ Id. -3- City of Orono h2s alrssdy chanc6d the dafini-ion Oi. a private road contained in its nunicipal code. Section 6.01 of the Orono Municipal Code originally read, Subd. 2. "Private Road" neans any street or roadway which has not been dedicated to public use or which is not maintained by public funds, but which is open to travel pursuant to an easement between persons or between persons and the City. Private roads are private property except as regulaced in this Chapter is the City of Orono Municipal Code, S 6.01, subd. 2. On July 25, 1988, the Orono City Council amended the definition of the term "private road". The new derinition similar to the old definition in all respects, except that underlined language in the above quoted passage has been ■ deleted. The Orono City Council could again amend S subd. 2 to include an addendum sentence which reads, A1-. private roads must be open to all people who own homes on road and their invitees and to all people and their invitees who could reasonably be expected to use that roac to get to uheir private residences." ZSRP718 1-5 MULLING MtADOWS 2ND ADDITION KI«M Mi «>• B» THISt wesiyw! (MitMrshIp, oxntr «nd pro|*l*tOT tn th« County of Th* South J2.00 actm of Uv Soctton ]1) T«*n^»h»p 645.00 toot of Ui« South *'* lUvo cauMid tho MO* to bo ouroo" and do horaoy donato anri dadtcati and tho utility and dralnaqo oao ’ In ultnooo uharoof aald »oar Cnf- rauaod thoao praaanta to bo alv>' of . '« 'Pt. ft- st,.l - /00<i.^ - Vi -'_/c,(3 6, 3 loo J o f.t P-‘i 1^1 ^■‘". y sa _ looP--^ p-t - / r\^.__ 1 f m- T P -i? - U'oC-o / /' / " = v5-0 ' ^Htrth /I'nt «f We. 5^1) V4 |f Wt SEA- »PWe £WJ4- / —• mgfe / S8no'52"E' 4 LOT £»t. '2u 7 / s'*' •V 8,1 f -(••■I3Z6.0') S0 ‘)“IO'52"E ^$nilh line Ik redi t( Ihe SouM V+ af • 1 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 APPROVAL OF MINUTES CONTINUED Budget Public Hearing. Motion, Ayes=4, Nays=0, Motion passed. PARK COMMISSION COMMENTS PARK DEDICATION POLICY City Administrator Bernhardson indicated that there would be no representative present at this meeting. Berhardson said that he was presenting the park dedication policy for initial consideration. A Park Commission Representative would come to the January 8, 1990 Meeting for discussion of this policy. CounciImember Goetten thought it was a good idea to be looking at the Park Commission fees, but thought the proposed fees were a drastic change. Goetten was glad that the Park Commission was presenting this to the Council, and wondered if the Planning Commission should review this. Mayor Grabek suggested sending the rar.< Commission information to the Planning Commission for their review and comments before the January 8, 1990 Council Meeting. PLANNING COMMISSION COMMENTS Planning Commission Representative, Edward Brown, arrived later. PUBLIC COMMENTS MS. Barbara Hite, 2475 Countryside rive, read an open letter to the Orono City Council concerning ( ounty Road 116. Ms. Rosemary Scheuer, Laker Newspaper, asked Mayor Grabek for a brief statement regarding the City of Long Lake and the sewer plant property. Mayor Grabek stated that the City of Orono had received a letter from Long Lake indicating that they disagreed with a number of points brought out in negotiations. Mayor Grabek said that the letter also indicate that Long Lake will probably proceed with annexation of the sewer plant property. Mayor Grabek said that this issue is a form of litigation and therefore he cannot discuss the matter further. ZONING ADMINISTRATOR'S REPORT: #1289 ROBERT WILL 115 OLD CRYSTAL BAY ROAD NORTH SUBDIVISION-RESOLOTION Mr. and Mrs. Will were present for this review. City Administrator Bernhardson gave a brief explanation of this application for subdivision. Zoning Administrator Mabusth advised that the applicant MINUTES OP THE ORONO COUNCIL MEETING OP DECEMBER 11, 1989 ZONING PILE #1289-WILL CONTINUED plans to provide an access corridor along the north side of Lot 1 to serve Lot 2 as originally indicated. At the Planning Commission Meeting, the applicant revised his proposal to^ locate the access corridor along the south side. Mabusth said that additional septic testing will be necessary if the access corridor is to be located along the northern boundary. Mabusth said that the location of the cul-de-sa^ ould be left to staff's determination so that elevation antings and the location of the septic site on the far ea:.^ lot can be taken into consideration. She said that the ro.j cannot encroach within 20' of the septic test site. Mabusth asked Mr. Will to indicate his preference of the location of the driveway outlot. ♦ Mr. .vill said that the real preference is to locate i the north side of the property. He said that if the cul-de y.; is moved further north, the outlot should be along the nortl.ein border. Mr. Will said that there are less trees in that area as opposed to the south side. Mayor Grabek asked how access to the north would be achieved if the cul-de-sac is located in a more scutherlv location? Mabusth asked City Engineer Cook to respond to that question. Ccok said that a driveway could b3 constructed between the cul-de-sac and the northern outlot? He said that the cost to the property owner will increase the further the City e.xtends the road. Cook said if the City does e.xtend the road along the reet right-of-way it should be constructed to City standards. Mabusth said that as part of this application, the Council is being asked to approve Wear Lane North as a public roadway. She said that the Planning Commission has recommended public maintenance of the road if it is to be dedicated to the public. Planning Commission Representative Brown commented that the Planning Commission recommended public maintenance because it was their feeling that the road would not otherwise be maintained. Mayor Grabek asked what made this different from other private roads. Mabusth replied that the cost factor set for each unit by the current owner of the subdivision on which Wear Lane North is presently located is $20,000.00 and that is prohibitive to Mr. Will. CounciImember Goetten expressed her concern for the need to address the issue of private vs. public roads. She questioned whether a precedent would be set by making this a public road to be maintained publicly. minutes op the ORONO council meeting of DECEMBER 11, 1989 k CounciImember Goetten asked whether the City should be addressing the issue of private/public roads as a whole, rather than addressing them individually. Bernhardson said that access, maintenance and development of the road are the iss -s. The developer will be responsible for the development of the r-a3 either way. The question in to maintenance is whether or not the property owners of the three lots, short of the dedication of a public roao, have go over that portion of the privately maintained Aear Lane Nor.h. Citv Attorney Barrett advised that the Council need onl> draft an Ordinance amer.dment stating that in such circumstances access must be allowed to any adjacent property via under . m ^ public access easements taken over private roao outlets. Mr. Bill Wear asked where the cul-de-sac would be located. Mabusth depicted the approximate location on the overhead sketch. Mr. Wear asked if the City was aware of the trees located in that area that would need to rem.oved? Mabusth replied that the trees will be ^considered wnen determining the actual location of the cul-de-sac. Mr. Wear had no other comments. Mabusth asked for clarification from the Ci;.y ?>ttorney as to how much of the road will be dedicated as a public road. Barrett replied that at a minimum the northern portion wil? be dedicated because the easement that is available to the developer to the north is the one that the City owns. Mabusth asked if the portion of Wear Lane North now existing will remain a private road. Barrett suggested .that the Council pass an says in these circumstances these private roads must h^Lwners and their invitees who need to cross over the private road in order to get to their residences. Mr. Bob Lorenzen, 2050 Wear Circle, said that he currently has a l/6th interest over Outlot A, which includes both Wear Circle and Wear Lane North. He asked how this public/private issue will affect the maintenance costs he now pays. MINUTES OF THE ORONO COUNCIL MEETING OP DECEMBER 11, 1989 ZONING PILE #1289-WILL CONTINUED (CounciImember Nettles arrived at this time) Mabusth replied that the 6 properties in the development will still be responsible for maintaining Wear Circle and Wear Lane North. Mabusth asked who would be responsible for maintaining the portion of the roadway constructed by Mr. Will that exists on Mr. Wear's property as a result of extending the cul-de-sac. Barrett said that his understanding is that Planning Commission's proposal was that, because of problems of enforcing maintenance, that Mr. Will would be responsible for maintaining that portion. Planning Commission Representative Brown said that was not his understanding. Ke said that the Planning Commission had preferred to have the entire road publicly maintained. Mr. Wear asked about compensation from Mr. Will for constructing the road. Barrett said that the issue might be whether or not Mr. Wear has the right to compensation of that portion of the road by the homeowners and their invitees that would use it. Barrett said that in his opinion, he would not be entitled to such compensation because the would City regulate it. Mr. Wear asked whether o. not the Council had approved the covenant filed with his property? Mabusth said that the Cour. oes not approve specific covenants or easements filed against plats. The covenants are completed by the developer, using a standard fotm prvi'^ided by the City. The City has no authority to specify unit- costs for future access of the road. Mr. Wear asked whether the Wills had actually purchased this property they are applying to subdivide? Mr. Will said that he ha.s not had the closing to purchase the land as of this date. Mayor Grabek asked whether the City has spent all of this time on this application and they have not been dealing with the property owner? Mabusth said that Mrs. White, the owner of the property, joined in the application with t' a Wills. Mr. Lorenzen asked whether the existing covenants were sufficient in handling what is being proposed. Mabusth said that what now exists is sufficient. L,. MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING PILE #1289-WILL CONTINUED Councilmember Callahan said that the road, regardless of where the cul-de-sac is located, ought to go to the northern boundary line of Lots 1, 2, and 3. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to direct staff to prepare an ordinance in accordance with the opinion of the City Attorney, which will require land owners in the position of the Wear Subdivision ownership to provide access to adjoining land owners and following such preparation and in conjunction with it, the preliminary subdivision be brought back for review, and is therefore tabled at this time. Motion, Ayes=4, Goetten, Nay, Motion passed. #1445 GREGORY C. PETERSON 1355 ARBOR STREET VARIANCEAONDITIONAL USB PERMIT FURTHER CLARIFICATION OF COUNCIL'S RECOMMENDATION Mr. and Mrs. Peterson were present for this matter. City Administrator Bernhardson summarized the events leading to this reconsideration of variance approvals. Bernhardson saic that the Public Works Director has denied the applicant s requeso to keep the fence in its present location in the right-of-way. Zoning Administrator Mabusth said that this is a two part application; the appeal of the administrative decision disallowing the fence to be located in the right-of-way and the height variance for the fence located within the 50 rear yard setback area. Mr. Petersen explained that he had indicated that he would be insta 1 ling a 6' fence and that was part of the bui Iding permit application for the pool and the porch. He said that they had indicated at the Planning Commission Meeting that they intended to replace the existing fence. Mr. Petersen said that they made the same representations when they met with the Council. He said that he is shocked to be back before the Council because he thought he had covered everything the City required. He said that he had all along asked the City Staff if there any^^^JJf missing from their application. Mr. Peterson said that the Resolution only refers to the fence in one paragraph, but the fencing was part of the application from the very beginning. Mrs. Peterson said that she distinctly remembered talking of replacing the existing fence at the Planning Commission Meeting. Councilmember Goetten read a portion of the Planning Commission minutes from that meeting. Goetten also recollected the discussion that took place at the Counci l this matter. Goetten said that she did not believe any discussion took place regarding a fence under 6* around the property. Mr. Petersen said that this was a terminology issue. He Bonestroo Rosene Anderlik & Associates Cno G 8or«rt» PE Booen w PE jofec'' C Anoff^k PE E ^urrer “E C- O'vn PE C'^r a Coon. PE 7^or^Jl £ NICVPl PE Ifcoe'i 0 3cruric-i ®E Macon L. SorvM p£ Kf-n A c-cfTxyi. PE- 8<r.j«a \JV <=os»f P£ Oonaa C. 8un»-a. PE Jeny A Bootoon PE Mart A Marion, PE 'kJ k PE M<rae< r •laun’arr PE scc«»T a pyAf^. PE Dav*j Q U3MOU. P£ Trxjmas a PKenor PE M<~af< C •.>«cr' PE Jan^ a MaunO PE PCernnr P Anoprvxi, PE Marc* PE Pe«*t f PuiJP*. A I A T>-orr\i\ : Aojui, PE MCkvanJ k ,jnfcfO P£ Cir.« ; Er^eron p£ AA»(» A Snft ?£ Pra© i Caiwpc PE Mart o vvain PE Thomai a Anflerjon AlA Gary P Pyianoef. PE Mdn B Jenipo PE L PMiu© GfavM 'll PE C^ian« A Enckjon Leo M PaM«e«ky Ha.-jn M 0»n M Elertn. C ?A Engineers & Architects -:r November 10, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: Robert Will Our File No. 139-1289 Dear Jeanne: We have reviewed the proposed subdivision for Robert Will. The Will Subdivision provides for extension of the cul-de-sac in the Wear Subdivision. The access to Lot 2, Block 2 is best served off r.he new cul-de-sac. The access onto Old Crystal Bay Road is not good because of sight distance problems. Consideration should also be given to providing driveway access to property west of this subdivision along the south side of Lot 1, Block 1. The security deposit required for the project is as follows: L.S.Clear & grub $1,500.00 1000 C.Y.Common excavation @ 4.00 4,000 00 800 Ton Class 5 Aggregate Base @ 8.00 6,400.00 50 Ton Class 5 Aggregate for Shlds Q 10.00 500.00 250 Ton 2341 Bituminous Surfacing Q 24.00 6,000.00 L.S.Restoration 3,000.00 40 L.F.15" RCP % 20.00 800.00 2 Each 15" RCP Aprons § 300.00 600.00 Total Construction $22,800.00 50Z Security Deposit 11,400.00 Total Security Deposit $34,200.00 If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:dh LB/25 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 MINUTES OF THE MAY 21, 1990 ORONO PLANNING COMMISSION MEETING ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley and Planning Commissioners Johnson, Hanson, Cohen, Moos and Bellows. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Goetten was also present, as was CjunciImember Callahan. #1521 ALMOND KREB -"115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were duly note Mr. Gary Peterson was present as a representative for the applicant. Zoning Administrator Mabusth summarized the information contained in her memo dated May 15, 1990, regarding this application. Kelley questioned whether it would be appropriate to define the front and rear yards of Lot 2, Block 2, at this time. Mabusth agreed that it would be appropriate to do so because of the creation of a through lot. Kelley believed that it would be the intentio to achieve access to that lot from Outlet A. of the City Mabusth advised the Planning Commission that the City Code requires a conditional use permit for all accessory structures on a through lot. Mabusth referred to another application wherein a permanent conditional use permit would be approved as part of the subdivision for all through lots as long as such structures met the required rear/street setback. She asked Kelley whether Planning Commission would consider similar action with this application as well. Mr. Peterson noted that staff's memo states that additional septic testing is required for Lot 1, Block 1, rather than Lot 1, Block 2. Cohen asked whether any specific cime period has been established for the applicant's continued use of the existing access serving Lot 2, Block 2. Mabusth replied that the present driveway will continue to serve the property until such time that construction of a new - 1 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1521-KREB CONTINUED residence occurs. She noted that the applicant has not indicated when construction may begin. Kelley asked the Planning Commission to regarding the proposed road outlot to the west. provide input It was the consensus of the Planning Commission that if the outlot is to be designated, it should be located along the northern boundary of Lot 1, Block 1. Johnson indicated that it may be premature to place the road outlot at all due to the uncertainty of how the property to the west will develop. Johnson also believed that the inclusion of the western road outlot in this development may be unduly burdensome for the applicant. The other Planning Commissioners concurred. Hanson asked Mabusth to review the ownership of the roads existing between Watertown Road and the subject property. Mabusth reviewed the current status of the roads. She recalled that the Planning Commission had previously recommended that the City declare the road referred to as Wear Lane North a public road and require public maintenance. Ac the time of the Council’s consideration of the former subdivision application, a private road system with private maintenance was Mabusth defined the various sections of roadways. considered. Hanson stated that he had reservations regarding the expansion of private roads to this degree. Johnson agreed with Hanson. In his opinion, this configuration would dictate a public designation of the road, rather than private because of the use of public easements. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Moos, to recommend approval of the Preliminary Subdivision for Almond Kreb in accordance with staff recommendations A through F. It is recommended that paragraph G be revised to state that the road will be a public and will include Wear Circle as well as Wear Lane North. With regard to paragraph H, Planning Commission's recommendation is that the access to the west not be addressed with this application. Planning Commission further recommends that the front yard for Lot 2, Block 2, be that portion of the property abutting the west lot line. Motion, Ayes-5, Nays-0, Motion passed. - 2 - I1^- From: Date: Subject: CCUNCil f;5£cTiNGDEC 10 1990 Michael P. Gaffron, Asst Planning & Zoning /Mayor Grabek & Orono Council Members City Administrator Bernhardson December 4, 1990 #1584 Robert Padunz, 1066 Loma Linda Avenue - After-the-fact Variances - Resolution Zoning District - LR-lB, Single family lakeshore residential, 1 acre, sewered Application - Request for after-the-fact variances for hardcover, average lakeshore setback, and side setback. List of Exhibits Exhibit A - Resolution Exhibit B - Planning Commission Action Notice 11/21/90 Exhibit C - Memo & Exhibits of 11/13/90 Discussion - Please review the memo of November 13th. Briefly, the applicant removed a pre-existing deck on the lakeshore side of his house, and replaced it with a slightly larger deck in the same location. This came to the attention of the building inspectors after construction was completed, and the review of the after-the-fact permit application determined that the deck violated zoning code requirements noted above. Planning Commission Recommendation - Noting that the existing hardcover on the property (69.6% in the 75-250' zone) is excessive. Planning Commission initially tabled this variance request, directing applicant to consider ways to reduce overall hardcover on the p) :^perty. Applicant subsequently submitted a proposal to drop from 69.6% to 49.5% in the 75-250' zone, and dropped from 6.61% down to 1.12% in the 0- 75' zone. Planning Commission recommended approval of this proposal on a vote of 6-0. The proposal includes removal of landscape areas near the lake, landscape areas near the house, and portions of the blacktop driveway. Planning Commission recommended approval of the side setback and average setback variances. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation. A resolution for Council review is attached. A RESOLUTION GRANTING APTBR-THB-PACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2, AND SECTION 10.24, SUBDIVISION 5 (B) PILE #1584 WHEREAS, Robert Radunz (hereinafter "the applicant") is the owner of the property located at 1066 Loma Linda Avenue within the City of Orono (hereinafter "City ) and legally described as follows: Lot 6, Loma Linda, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after-the-fact variances to the Municipal Zoning Code to permit the construction of a deck, such deck encroaching past the average setback line where no encroachment is .illowed per Section 10.22, Subdivision 1; such deck being 8.5' from the side lot line where a 10' side setback is normally required per Section 10.. 4, Subdivision 5 (B); and such deck constituting hardcover in excess of the 25% hardcover normally allowed in the 75-250' zone per Section 10.22, Subdivision 2. NOW, THEREPORE, BE IT RESOLVED by the City Council of Orono, Minnesota: BINDINGS 1. This application was reviewed as Zoning File #1584. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 15, 1990 and November 19, 1990, and recommended approval of the proposed variance based upon the following findings and conditions: A) The deck reconstruction increased hardcover in the 75-250' zone from 69.3% to 69.6%. Hardcover in the 0- 75' zone currently exists at 6.61%. Page 1 of 4 B) The applicant has agreed to remove specific items of hardcover in both zones, resulting in a decrease in the 0-75' zone to 1.12%, and a decrease in the 75-250' zone down to 49.5%. The Planning Commission finds that these decreases are in keeping with the intent of the zoning code and appropriate given the current state of development of this property. C) The 1.5' side setback encroachment to accommodate a stairway on the south side of the new deck is approximately equivalent to the ' side setback encroachment of a stairway which previously existed on the north side of the deck and which has been removed. D) The lakeviews enjoyed by the neighboring property owner to the south are only minimally affected by the side setback and average setback encroachment, and such views are already partially screened by existing vegetation at the lot line. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a deck which encroaches past the average lakeshore setback line where no encroachment is allowed, such deck being 8.5' from the side lot line where a 10' side setback is normally required, and such deck constituting hardcover in excess of the 25% hardcover normally allowed in the 75-250' zone, subject to the following conditions; Page 2 of 4 1. Hardcover in the 0-75' zone is approved at a level of 1.12%. Hardcover in the 75-250' zone is approved at a level of 49.5%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram attached to this resolution as Exhibit A. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent, equivalent or greater removals of existing hardcover. 2. All existing hardcover scheduled for removal as a condition of this resolution must be removed by June 1, 1991. 3. The applicant shall obtain the necessary after-the-fact building permit for the deck and shall make any changes deemed necessary by the building inspector to bring the deck into compliance with the building code. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 10, 1991). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of December, 1990. ATTEST; Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of December, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, municipal corporation and said instrument was executed on behalf c if the City. C ,tE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) On this day of _ _ _ ___ _ _ _ _ _ _ _ ___ _ _' before me a Notary Public within and for said county, personally appearedknovfn 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 STATE COUN Xi vJNESOTA ) ) ss. .NNEPIN ) On this day of ______________________» ..— - Notary PublicUithin and for said County, personally 199 , before me a me to Fe the person(s) described in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 CITY OF ORONO P. O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1584NOTICE OF PLANNING COMMISSION ACTIONDate of Notice: 11/21/90 TO:Robert Radunz 5505 River Bluff Circle Bloomington, MN 55437 COPIES TO: TYPE OF APPLICATION: Variances DATE OP MEETING: November 19, 1990 VOTE:(i^ For 0 Against Planning Coamission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Removal of hardcover items as proposed. Applicant's next scheduled meeting is confirmed as City Council on Monday, December 10, 1990; meeting starts at 7:00 p.m. If you desire certified copies of the of::icial Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proa: Michael P. Gaf^ron, Asst Planning & Zoning Adminis' r 0ate: November 13, 1990 Subject: #1584 Robert Radunz - 1066 Loma Linda Avenue - After-the-Fact Variances ~ rcatinuation of Public Hearing Soning ristrlct - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for after-the-fact variances for hardcover, average lakeshore setback, and tiide setback. List Oi. Exhibits Exhibit A - Applicant's Letter of Requesr 10/29/90 Exhibit B - Applicant's Proposed Removals Exhibit C - Planning Commission Action r.otice 10/17/90 Exhibit D - Memo & Exhibits 10/11/90 Discussion This item was tabled at your October meeting in order f the applicant to consider hardcover removals as a possible trac • off in exchange for approval of the replaced d»^ k as constructed. Applicant proposes to reduce har^^cove on the property as follows; 0-75' 75-250' Pre-Construction 248 s.f. ,5.61%)+ 4845 s.f. (69.3%) Currently Existing 248 s.f. (6.61%)4365 s.f. (69.6% Proposed 42 - f. (1.12%)458 s.f. (49.5%) Allowed n 1748 s.f. (25%) ack encroachment on the the previous stairway « -ne ^ick. The relocation of .u ‘j^irment f rom one side of the lot _________ *'h3t due CO existin .) v^ogeta :ion, jieighbor. ,akev*iews are on.^ iiinimaily affected by this side setback and average setback encroachment. Also, recall that tr south side is about : V.-. encroachment on the noi n s the stairway transfers t* f •o the Applicant n- Staff Reconaendation If Planning Commission determines that the degree of xmpact on neighboring properties is minimal and that the proposed ha 3ver removals are sufficient justification to allow the deck to < )imain as is, then a recommendation for approval would be appropriate, lav ^ o October 29, 1990 m- t' Mr. Michael P. Gaffron Assistant Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 # Dear Mr, Gaffron: Enclosed is a marked-up survey of the Hard Cover area for 1066 Loma Linda Avenue. I have reduced the hard cover from 6.61% to 1.12% in the O' - 7b zone, a reduction of 206 sq. ft.; and, from 69.9% to 45.47% in the 75' - 250' zone, a reduction of 1,407 sq. ft. Based on our agreement to make these changes, we request the variances be granted for the deck and the deck remains as presently built. ,y truly your’?, Robert F. Rac 24, Robert F. Radunz 5505 River Bluff Circle Bloomington, MN 5S437 Phone: (612) 881-3913 Enclosure F~- SET BACK ZONE 75' - 250' HARD COVER IN ZONE 3458 sq. TOTAL PROPERTY IN ZONE 6990 sq. THIS PROPOSED CHANGE (AS PICTURED BELOW) PRESENT CONDITION SET BACK ZONE 75' - 250' HARD COVER IN ZONE TOTAL PROPERTY IN ZONE 49.47% ft, ft 4865 sq. 6990 sq. 69.6% ft ft SET BACK ZONE 0 - 75' HARP COVER IN ZONE total PROPERTY IN ZONE THIS PROPOSED CHANGE (AS PICTURED BELOW) PRESENT CONDITION SET BACK ZONE 0-75' HARD COVER IN ZONE TOTAL PROPERTY IN ZONE 42 sq. 3750 sq. 1.12% ft ft 248 sq. 3750 sq. 6.61% ft, ft, CERTIFICATE OF SURVEY FOR ROBERT F. RADUNZ OF LOT 6, LOMA LINDA HENNEPIN COUfJIY. MIMflESOTA I so Walk / / / 7 y ^ ^ ^ y 7 7 f 7 / , // f / f / , f // EXISTING HOUSE // f f f /?/ 'ntt/ /1 / / f f //////////X. CITY OF OROHO P. O. Box 66 Crystal Bay, MM 55323 473-7357 ZONING FILE #1584NOTICE OF PLANNING COMMISSION ACTIONDate of Notice; 10/17/90TO:Robert Radunz 5505 River Bluff Circle COPIES TO:Bloomington, MN 5437 TTPE OF APPLICATION:Variances DATE OF MEETINGS October 15, 1990 VOTE: 4 For 0 Against Planning CoHBission reccasiends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Conunission tabled the request in ordeV to give applicant an opportunity to consider hardcover removal options. The general opinion of the Commission was that extensive hardcover removals should occur if the deck is to be allowed to remain. Please contact City staff to discuss your options. You will need to provide a site plan indicating proposed hardcover removals. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the November 19, 1990 meeting is November 9, or January 11, 1990 for the January 22 meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commissioi.. Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froa: Date: Subject: Michael P. Gaffron, Asst Planning & Zoning Administrator October 11, 1990 #1584 Robert Radunz, 1066 Loma Linda Avenue - After-the-fact Variances - Public Hearing Zoning District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Request for after-the-fact variances for hardcover, average lakeshore setback, and side setback. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit G Exhibit Exhibit Exhibit Exhibit Application Plat Map Property Owners List Applicant's Letter of Request Dated 8/17/90 Neighboring Property Owner Non-Objections Survey Hardcover CaInsulations & Sur-'^ey Attachment Constructioi - Ian Assessor's Records 1974 Variance Documentation Copies of Photos of Pre-existing Conditions Airphoto, 1989 Pertinent Facts - 1. 2. The applicant demolished a pre-existing deck on the lakeside of his house, and constructed a larger deck in its place. The old deck was apparently as wide as the house and somewhere between 5' and 10' in depth, plus a stairway to grade level. The new deck is approximately 28'xl8' plus a stairway. 3.The new deck constitutes additional structural hardcover and the property is already in extreme excess o^ the allowed percentages. The new deck is also located approximately 8.5' from the south side lot line according tr the survey, where a 10' side setback would normally be required. Additionally, the new deck constitutes an even greater average lakeshore setback encroachment than the old deck. Zoning File #1584 October 11, 1990 Pa^'C 2 of 3 4, Variances Required: 0-75' Hardcover 75-250* Hardcover Avg. Setback Encroachment Side Setback Pre-Existing 6.61% Current Required or Allowed 69.3%* 11' approx 12' 6.61% 69.6% 20' 8.5' 0% 25% O' 10' Staff cannot deterine whether rock and plastic was placed under new deck before or after its construction. Applicant's photos suggest that significant rock and plastic areas have been recently added to the property, as well as total resurfacing of driveway. 5.Many of the applicant's "improvements" to the property appear to have been in conjunction with the neighboring property owner to the north. 6.The Building Inspector's discussions with the neighboring property owner to the south indicate that the excess hardcover on applicant's property and that to the north have caused significant drainage concerns for the neighbor immediately to the south. Note that drainage generally heads to the south and east, and that the applicant's property and that to the south each have an outside drainage basin with draintiles running under ground to the lakeshore yard to help eliminate flooding. Discussion - This is another in what seems to be an unending stream of deck replacements without permits. As in many other cases, the replacement resulted in a significantly larger deck which doesn't meet a number of zoning code requirements. Hardcover in the 75-250' zone is 69.6%, almost triple the allowed amount. More significantly, taking into account the entire lot, 48% of the lot is hardsurfaced. The proposed DNR Shoraland Regulations would allow 25% of the entire lot to be hardsurfaced. Clearly, this property is nowhere near being in compliance. Many of the hardcover items appear to have been completed in conjunction with the neighbor to the north who shares the extensive blacktopped driveway area, the concrete walkway to the lake ending in a shared dock, and similar areas of rock and plastic landscaping. Zoning File #1584 October 11, 1990 Page 3 of 3 Regarding the average setback encroachment, while it is questionable whether views of the lake enjoyed by the neighbor to the south are impaired, there is certainly additional encroachment with this new deck. Regarding the side setback for the deck, note that a grade level deck with no railing would be allowed as near as 2' to the side lot line. However, this is definitely a second story deck, and the 8.5' side setback accommodates a stairway to grade level. Regarding hardcover, it is likely that much of the rock with plastic could be removed and reverted to grass area. The driveway blacktop is extensive, however, the applicant may rightly argue that a significant portion of it is necessary for parking. We have no way of confirming the extent of the driveway prior to its recent resurfacing. From a drainage collection and redirection standpoint, the drain in the driveway with underground tile exiting approximately 80* from the lake, does function to alleviate some of the drainage to the southerly neighbor. However, if this 4" tile plugs up, the effect of the all the hardcover may tend to inundate the neighboring property. Staff Recomiendation - Planning Commission is requested to address the following issues in any recommendation to the Council; 1. Is there justification for an after-the-fact side setback variance to allow this upper story deck less than 10' from the side lot line? 2. Are neighboring views of the lake significantly affected by the deck's encroachment past the average setback line? Is there justification for granting a variance? 3. Given the unusually high percentage of hardcover in the 75-250' zone, should the deck be approved after-the-fact, and if so, are there certain areas of hardcover that should be eliminated to decrease the percentage? CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Pees (Double application fee) PROPERTY LOCATION Site Address /^66 CITY OF FiiShHCE CFFiCE 1350200000 * " f Its RtCEIFT-Jh/^K YOU it 187750 COOi ROl 709: 08/17/ Property Identification Number (?. I. D. ) ~ YH - ^ v:| // ■' ' Attach legal description to applicatfoh if -not inctuded -on required survey. /atissraK';'* APPLICANT Name Qo he rT A*J ^ */7L Phone (home') h 13 Phone (wor)c) _ _ _ f^Luf^r C,/F City; ^Cc€>^/^^T ca/ Zip; OWNER (if different than applicant) Name _ _ _ __ _ _ _ __ _ _ Phone (home) Phone (work) Address:City;Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land PRESENT DSB OP PROPERTY Present Zoning District _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property 3<^AScf^AL a-£^Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail; AVb U*/SAt=^£. - lUcAf<~ hf4s. Z____________ ______________ VARIANCES REQUIRED Lot Area Setback Variances (, Other _ _ _ _ _ _ Lot Width Front Ua^/aa/c€ ^ Hardcoyer - - Rear)Side BARDSBIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; LcT _-n^—^ HtikiO Co X THAT 0 _____ -- - - - - - - - - - - - - - - - - - - - - - -^ 5 Zeyr^^ DBSCRXPTIOll OF UNUSUAL PROPERTY CONDITIONS ^ ■ Describe unusual property conditions preventing compliance with Zoning Code Requirements; X<5ugo /*J iii*/ rc PffifmT ^ Tf4ij UT. S/a/c£ Tfte*y i-cT ^cr me»rrs . ZEtt 6~^ y'c Z/t\fiia^'d REQUIRED SUBMITTALS 1. Completed Application Form , ^ ^ iCertified Property Owners List of owners within 150’ (you must ootain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). . , ^ Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. . Sketches or plans of floor and elevation views. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. YOU ARB REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTBD- The Applicant and Property Owner must sign this application. Please remember that voor variance application is not complete if the_ i^ormatlon has not been inclt^'^ted. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff;_ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ Date- - - - - - - - - - - 2. 3. 4. 5. 6. 7. APPLICART'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 co rrect to the_^est of his/her knowledge. Applicant * s Signature Date S' T QMHBRS 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 -7 Date (f** V 7 - 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 j^Qview r&eetings 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 4 Zoning Office of tiiis change prior to the meeting. [■ i r- I MM MTE Oi/10/90 MTCH OOS d OWKII NMC TAXPAYER HAME/ADOR PROP ADDR OMCR NAHE TAXPAYER NAHE/AOOR M Oa-117-tS 2S 0005 01056 LOHA LINDA AVE DONALD 0 EKEBERQ i HXFE DONALD 0 EKEBERQ 1056 LOHA LINDA AVE HOUND m 55S66 0S-117-ZS 23 0008 01076 LOHA LINDA AVE I. K HATTSON ETAL WOOER K HAITSON 1076 LOHA LINDA AVE HOUND m 55366 HE»MEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»t<ERS LIST 38 08-117-23 23 0006 01058 LOHA LINDA AVE R F OORLOG A F J OORLOG RICHARD F I KAREN J OORLOG 1058 LOHA LINDA AVE MOUND MN 55366 38 D8-117-23 23 0009 01082 LOHA LINDA AVE J A K LASCHUK J0ttt4 LASCHUK 1082 LOHA LINDA AV MOUND m 55366 REPORT NO. PI635601 PAGE 6 38 08-117-23 23 0007 01066 LOHA LINDA AVE R F RADUF'Z ACM RADUNZ ROBERT F RADUNZ 5505 RIVER BLUFF CIR BLOOMINGTON »tl 55637 38 08-117-23 23 0010 01090 LOHA LINDA AVE H H BOCKHAfM A N L BOCKMAffl HILLIAM H BOCKMA^M 3622 LIVINGSTON AVE WAYZATA m 55391 »SB 08-117-23 23 0021 PROP A90R 01116 LOHA LINDA AVE OMCR iU. 'r N A C J POLLARD TAXPAYER NXLLIAN J 4 CAROL J POLLARD NAME/ADOR 1119 LOHA LINDA AVE HOUND Ml 55366 38 08-117-23 23 0022 01065 LOMA LINDA AVE DENNIS L ZINOA DEMIIS L ZINDA 2501 BLAISOELL AVE S MPLS MN 55606 38 08-117-23 23 0025 01060 LOHA LINDA AVE C 0 HOLCOMBE A N J HOLCO»CE C DOUGLAS HOLCOHBE 1060 LOMA LINDA AVE MOUM) MN 55366 PROP ADDR OMCR NAME TAXPAYER NANE/AOOR TOTAL BATCH 003 00009 Adjacent Property Oiraers* Acknowledgement Form I (we) a- -- of - O'!' [print name(s) j [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at I CGi: Lcrni^ also referred to as Land Use Application No. _____. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. /jl. -~T~7 / 9 Property Cwner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. O A / i/' I-' n :1 <:i 1 city Oauncil City of Orono 1335 S. Brown Road P.O. Box 66 Crystal Bay, Minnesota 55323 Gentlemen: Please be advised that I have no objection to the deck that Mr. Robert Radunz re-bailt at 1066 Lana Linda. This deck replaced one that was rotting cuid had a very unsafe stairway. My property adjoins Mr. Radunz's property to the south. Very truly yours, 7/1 r / ^ Date Adjacent Property Owners* Acknowledgement Poinn I (we)^JLO^r cy /' j , - -p ) -L /, /’ i. <1- [print nane(s)]j [print address] have reviewed the plans for the proccsed improvement or proposed use of the property located at /QOC^ also referred to as Land Use Application No. ______. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 5''- //- ^0 Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. A r n y -' I ✓ /y 34 City Council City of Orono 1335 S. Brown Road P.O. Box 66 Crystal Bay, Minnesota 55323 Ggitlemen; Please be advised that I have no objection to the deck that Mr. Robert Radunz re-buiit at 1066 Lcma Linda. This deck replaced one that was rottinq and had a very unsafe stairway. My property adjoins Mr. Radunz’s property to the north. Very truly yours. TT ±.V N /I•aJOBK •.-?! -i. City Council City of Orono 1335 S. Brown Road P.O. Box 66 Crystal Bay, m 55323 ( / - /,c Gentlemen: Please be advised that I have no objections to the deck that Mr. Robert Radunz re-tauilt at 1066 Loma Linda. This deck replaced one that was rotting and had a very unsafe stairway. Very truly yours. -N-1 rr V'' ^ ■ H - 9.City Council City of Orono 1335 S. Brown Road P.O. Box 66 Crystal Bay, NN 55323 Gentlemen: Please be advised that I have no objections to the deck that Mr. Robert Radunz re-built at 1066 Lena Linda. This dock replaced cne that was rotting and had a very unsafe stairway. Very truly yours, lo^O'^ Lo^A Arx/iS ?:-V. K,. •li I;- ■■ ^r"‘ fe- S; ll'l' !-X Iw C« c. ^ rs c :j: /- /064» Lor^iA LaTio*^A Q /^AdjA^Z iilii. fr i /S4 i,T( i>" fiiTi (lUfUcSt) S,uT*( s>ee u«e>A/ 'l^'i liL OLt> D£C< ^ *//a FT sir £)V ^Jv/V ' P» 5 Ts 3V/s7 s rAFd€ oF S. y ^ FIAT ^ritfuT £^FA^ D&e>r/V6 **/>»5 pLy Aiae^^ C0s/FA£t^ WiTF aytT'OacF CFA^FT I ! I n-:rs:! ! ti«‘* 4 e #1 ■' 'JSs IO r \ -* k/ > N.s >1 . •... -,(jJ •’•.jN\ r; ■ k-r'"- ii ym ^1fAncit ^ ^ M //"y UNO 5 3. P^i OfMl ihv ?r '4 -‘^»' ^ "i ;___f«»_JiiONMTI Ll-tl-*'^ ’^•■^K Mfriejiei OtMCNStONS - BAIIC HOUSE K TOTAL PQACHU - §ALCQNIC1 A QTM|r aiDGS _______5^ _ X ^2^3A. tA _______.,,, 6»— X ----- _ - ^go 2^3 --------------------U-------------^ ^ GARAGE BSt. 6 r /fr .**’*''’/«?g.t-> J/*k* :a \Vf 4, ■Si n*Ii TQTftii ^v*AM9g- -------TiiTTS ri « » ! ^ Tpt Planning Coffinlsslon 0«)ct9r Marston, Zoning Administrator OATEDs May 7, 1974 SUBJECT! Varlanca (SIza. Width. 4 Moratorium) PETITIONER: Alb«-t Qurkhaltar LOCATION: 1066 Loma Linda Currant Land Usa; Vacant - Existing structura ims rat sad Currant Zoning: R-IC 1 Acra Proposad Zoning; LR*IB IAcra STAFF REVIENAL: Tha axisting structura was• iMM hfM an thn arooartv, Tha lot Is only 50* alda. and tha old structura vat ap parairtly partially on tha nalghborlny lot. Thara ara homas on althar sida of this lot. and o»at lots In this araa ara of similar sIra. Altlmigh tt» lot Is only 10,625 sq. ft., m vorloneiT^to Joel.r. this as an unbulldaoi. sit. t^ thaaa paopla to mkm usa of thalr property would ba to sail It to tha proparty own ars on althar stda. . i 1- OT (f> ^ Lo yy\a L t o ^ T^Urti<H/9*-T &i? • Ktftiri^ui$ -----------W^i fm iT' nc» Hc>oir Ol* (*oW\oi wpf*'"? ^ d»t.U • to>TV« f •*'*■» J - :■!' .4 •v" m ■ .f p«.»tl»liw& iTo 0^ 4^ »uct uf c 1 M*t Tj co*''*ltMt»-rl ( MS# 4:- ■•■- :plviie- ^- ■« ■0l?l :';■•■ ! -■mm.- lilr.’ * ;'l.•l^ rii' ’.\jrv*»y fot' 'iVr’r iiitnl'y of i,ot *’>, .-onfi ..ir/ln mm''?: . V^LAT Parc 5u - iT, .'Jr ‘t-t •; A— •i'“..’WV'i,; >IV‘ ^ ’ill ■iQ ■ iTrJy & -idi #•*'« V "i4. f ;ilp ■-1^ pos |siaiv', iSKW .Aii •/ « »/#r //> # •.■»' ««..i /sj.y !((' ■<': *•** iil; m??: -:v.. '-»• "V. .,-•:. ■'t. ........... • -If 14:"rjmv> nr ?111-Vny: •r^; • r|.i T hnr'OtA corttCy th«‘. tM: :» u tnvi hih? rornict Wjprii^rnit'ition ofHiH? rorr»ict Wjprii««nt*ition ’or A cvryny of t'o l«c.T.«^ar5f.T' of •<nt, 4, Lors» w5ncl-«, nnd tiwi locatioii of. oj tho wiror.o'^Hiid *>»"•• UPl^ffv: '■- ' '-.i*'••... : ■ •, - n* ■ . n* 1 '4'-; . • •; ^^■] MM wmMrn- life'’ • 5-» .♦ ^ roA .mrkor I/ind Simroyoir and fSiiiM Umc Ult», “ P%, i vimt-lauf K.;: .. '.:m ' ■ 'll feSSi: i '.^■' i "v'i o# th* rtgular Planning Commlttlon matting, .-londay. May 20, 1974 Pag# 3 Tha tKlsflng housa on tha Plrlch lot was daitroyad by a fira MIchaal Plrlch bayond rapalr. Tha lot li 15.000 tq. ft. In a 1/2 acra zona. Varlanca El I ton iBoaad, Paaak aacondad, that a varlanca ba approvad slnca thia raquaat involvat a raplacamant of an axlsting structura and tha fact that all lota In thia araa do not conform with tha 1/2 acra raqulramant, Tha approval la conditlonad on compllanca with tha provtalofia In tha naw zoning ordinance which atataa that tha hoaa swat ba 75* from tha laka provided that no buUd- Ing o«y ba located eloaar to tha ahorallna than tha average dli* inea froaitha ahorallna of awlatlng ratidanca-buildInga on ad- —^5ind’nairbv:‘lott.(8) ‘;Naya (0)' Birkhaltar-lot la'so* wide and 10,823 sq. ft. This lot is . Burkhaltar & Korth? localad^ln a I^acra'iona with required lots of 140*. Mr. airk- Varlanca halter purchased tha lot and removed tha axiating structura which had ar overhang that extended onto tha neighboring prop- arty. Tha Intention was to construct a naw home on this site. Guthrie moved, Gasch seconded, that tha varlanca for the lot width and lot araa raqulramant ba granted conditlonad on tha naw structure malntalr.lng a 75* setback from the laka provided that no build I may be located closer to tha shoreline than tha average distance from the shoreline of existing residence buildings on adjacent and nearby lots, and that no side yard setback variances would ba granted. Ayes (8) Nays (0). fir, Ounn proposes to subdivide 2 acres off from a 5 acra tract In a proposed 2 acre zone. This subdivision would meat all tha requirements for a 2 acre lot. Kuilborg moved, Paaak seconded, that a Public Hearing ba sched uled for June 17, 1974. Ayes (8) Nays (0). Mr. HIrsch has submitted plans for tha construction of a 2^ar garage which would ba 20* from tha road and 10* from his aide property line. This involves a varlanca since tha zoning coda states that a structure must ba at least 30* away from tha road right-of-way. If Mr. HIrsch was to comply with this raqulra mant, ha would have to ramova 3 large trees from his lot. In addition, most garages along ivy Place are located right along tha road right-of-way with vary little. If any, setback. Kullbarg moved. Hake seconded that a varlanca allowing a set back of 20* from -fha rood ba granted for tha garage. Ayes (8) Nays (0). Tha Barg property Is located In an area designated for 5 acra lots. Mr. B^ claims that tha existing home at 4080 Bsyslda flood Is surrounded by a ravine and a steep hill, and, therefore, the logical lot also would ba something lass than 5 acres. Tha property on the other side of this ravine and hill would more logically fit within a subdivision of land further to tha north according to Mr. Ounn. Due to tha contour of tha land, Mr. Barg Hollis Ounn Subdivision ■ _■ , I MIchaal HIrsch Variance Cl Inton Be^g Simple Subdivision Varlanca Yfftlsh mov«d, Butlttr aacondAd, to approva tha purely a 3a of tha Laraon proparty» Parcal S900, Plat 41400^ 8.72 acraa, locatad on tha Stubba Bay Road for parh purpoaaa. Tha total coat apraad ovar a thraa-yaar pariod is $24,080.80. Tha lagal dapartsMnt waa inatruotad to complata a titla aaarch and purchaaa agraamant. riotion, Ayaa (4) - Naya (0). Paga 2 PURCHASE PARK LAND Laraon Proparty Counoilaan I4aaaangala ratumad at 8s20 P.M. Butlar iBOvad, Paurua aacondad, to grant a variaaoa to tha moratorium and approva tha aimpla attbdivlaion for Nr. Hollia Dunn looatad at 3585 Vfatartown Road on tha condition of aubmitting tha 5% park faa and approval of aaptic ayatam daaign. Motion, Ayaa (5) - Naya (0). SUBDIVZSZON 3565. Tfatartown Road Butlar movad, Paurua aacondad, to grant a varianoa for Paul Pohla, 2789 Phaaaant Road, on two conditional 1} land drainage shall not ba changad, 2) garaga ahall be movad. Hoiion, Ayaa (5) - Naya (0). VARIANCE 2739 Phaaaant Road Walah movad, Maaaangala aacondad, to deny tha variance for tha John Monahan property locatad at 2237 Shadywood Road. Tha lot in queation doea not meat toning atandarda auch aa lot aiza and aatback raquiramanta. Notion, Ayaa (4) - Naya (1). Councilman Butlar Nay. Paurua movad, Butlar seconded, to approva tha variance to tha lot aita for tha property owned by Albert Burkhaltar locatad at 1065 Loroa Linda. Motion, Ayaa (4) - Naya (1). Council man Walah Nay. VARIANCE 2237 Shadywood Road VARIANCE 1C66 Loma Linda Butler moved, Paurua aacondad, to approva tha Ragiatered Land Survey for John Croaa, 2685 North Shore Drive, and waive tha park faa. This approval ia aubjeot to tha review of tha City Engineer. Notion, Ayaa (5) - Naya (0). REGISTERED LAND SURV* 2685 North Shore Dri. Paurua a»ved, Butlar aacondad, to approva Ordinance No. 165 which extanda tha moratorium aa atated in Ordinanca No. 149, until Saptambar 30, 1974, unleaa rapealad by Council action. Motion, Ayaa (5) - Nays (0). ORDINANCE NO. 165 Moratorium iia 1 w-%a M w ». _Z— ; ^ .^1 '-. ■-.. l••.-r:; ■i:iiK ’ <^i \ '\ \ • .■«ai*4«.'.-<-.•-: -■ • I '■:W ■>/ i 'V"n’/V INNOVATIVE MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDING DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. : • V'- i;.I I- % HARDCOVER calcclat :c!: s£T3Ac;< ZONE: (ciP.cLE :::e ; E xist ::;g Harzcove ?. in Z:ne A. ■ House /?/UU/^ z :--5 :f:-r B. Garage c. Driveway E. Patio / Deck F.Landscape areas UNDERLAIN BY PLASTIC SHEETING y^.v X .2C.3 c:/^7J LENGTH V ■./:dth X .41 •A . ‘ Y n J Vv X 2i.V X ./S.3 Z2 ‘//o / /2. J X S 93 /320 / y = ; ??.J X .7.y 2S___/ C X A :< . 2.0 S.t y »s 7V /?. 2V 2^ X X . <?,9 2. */s 22. ^ 4 X .=5 .590 X .—7S .'S4 ^ S.F S,F 3,F IzrrP . > S.F. S.F. 33^ SIS- 6. Other _ . X ^ X S.F. / oo ^ zv/ J S.F. Total Hardcover in Zone Total Property A rea in Zone _ -1 S.F. S.F. X 100 y^.r. [T _££UiL% y‘* (^\.Ls' /o '.ix... Mayor Grabek & Orono Council Members City Administrator Bernhardson ''wnwi KRtTlTOOEC10 199D .TORflliOlfftrPtgb: Michael P. Gaffron, Asst Planning & Zoning Datas December 3, 1990 Sabjecti #1601 Weldon S Phyllis Dunn, 40 Stubbs Bay Road S - Variance - Resolution toning District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Request for side setback variance to construct addition to existing residence. U.8t of Bshibita Exhibit A - Resc? ition Exhibit B - Planning Commission Action Notice Ll/26/90 Exhibit C - Memo 6 Exhibits of 11/9/90 Discussion - Please review the memo and exhibits of November 9th. Briefly» the applicants propose to construct an addition to the existing residence, which is 26' from the side lot line where a 30* setback would normally be required. Applicants wish to "square off" the house, with one corner ending up 22.6* from the side lot line. Planning ssion Re<mdation - At their November meeting. Planning Commission voted 6-0 to recomnend approval of the variance request as submitted, finding that no adjacent residences will be negatively affected, the hardship being the location of the existing house. Staff Recoanendation - Staff recommends approval per the Planning Commission recommendation. A resolution for Council review is attached. A RBSOLOTIOM GRAMTIIIG A VARIARCB TO MDMICIPAL S0NIII6 CODE SECTION 10.28» SUBDIVISION 5 (B) FILE #1601 WHBREAS, Weldon and Phyllic Dunn (hereinafter "the applicants") are the owners of the property located at 40 Stubbs Bay Road South within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 3, in Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at the North quarter section corner of said Section 5; thence South 4.16 chains (274.56 feet); thence South 86*25 degrees East 3 chains (198.00 feet); thence North 73 degrees East 2.75 chains (181.5 feet); thence North 46 degrees East 2.40 chains (158.4 feet); thence North 3.50 degrees East 1.90 chains (125.4 feet) to the Township line; thence West 7.50 chains (495.00 feet) to the place of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a room addition to the existing residence, such addition to be located 22.6' from the side lot line where a 30.0' side setbac)c is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1601. 2. The property is located in the RR-IP Single Family Rural Residential Zoning District. 3. Lot area is approximately 2.5 acres. 4. The Orono Planning Commission reviewed this application on November 19, 1990 and recommended approval of the proposed variance on a vote of 6-0 based upon the following findings: Page 1 of 4 '’’be nearest adjacent residence is 80' to the sout-*east and existing screening along the lot line will minimize any visual impact on the neighboring property, B) The existing residence was constructed i.- 1966, when this area was zoned for 1 acre minimum lot sizes, requiring only 10* side setbacks. 5. The City Council has considered this application including the findings and recommendations .of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLOSIOMS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10,28, Subdivision 5 (B} to permit the construction of a room addition to be located 22.6* from the side lot line where a 30* side setback is normally required, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 10, 1991), 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 3. The undersigned applicants have read# understood and hereby agree to the terms of this resolution and on behalf themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of December, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner<s) STATE OP MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this 10th day of December 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: Page 3 c: 4 STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ _ day of __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _» 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. It " Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) on thi« day of_ _ _ _ _ _ _ _ _ _ _ _ _. 199_, before me a Notary PubITc“within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ known to me to be the person(8) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ujtary Public Page 4 of 4 CZTT OP OROVO P. O. Box €6 Crystal Bay, MB 55323 473-7357 ZOBIBG PILE #1601BOTICB OF PLANNING COMMISSION ACTIONDate of Notice: 11/26/90 Naldoa Dunn 40 Stubbs Bay Road South Mapla Plain, MN 55359 COPIBS TO: TYPB OP APPLICRTIOMs Variance DRR OP MBBTIBCi 11/19/90 VOTBs 6 For 0 Against Plaaaliig CcxBid.ssi<Mi raccMBcnd'^ the following: Approval as submitte ■OTBS AND SPBCXAL COHDITIOmS; [ * Applicant's next scheduled meeting is confirmed as City Council or* Monday, December 10, 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 Clerk after review and approval by the Planning Commission. 1-v Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proas Michael P. Gaffron, Asst Planning & Zoning Administrator Dotes November 9, 1990 Subjects #1601 Weldon & Phyllis Dunn - 40 Stubbs Bay Road South Variance - Public Hearing Soaias Diatrict - RR-IB, Single family rural residential, 2 acre, unsewered Applicatioa - Request for side setback variance to construct addition to existing residence. List of lahibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Neighboring Property Owner Acknowledgement Form Exhibit P - Construction Plans Exhibit G - Septic Layout Partiaaat Pacts - 1. Lot area * Approximately 2.5 acres. 2. Side setback: Existing » 26.0' Proposed * 22.6' Required * 30.0' 3. Adjacent residence to the southeast is approximately 80' distant. 4. Proposed addition squares off existing house. Discmssion The applicants propose a porch addition at the south end of their existing home, essentially squaring off the existing house, which was constructed in 1966. At that time, this area was zoned for 1 acre minimum lot size, requiring only 10' side setbacks. The nearest adjacent residence is 80' to the southeast, and existing screening along the lot line would tena to minimize any visual impact on that neighboring property. - t-JO Zoning File #1601 November 9, 1990 Page 2 The applicants have provided a partial layout of the existing main floor, showing the relationship of the living, dining and family rooms. One can always question whether some other proposal is feasible that would not require a variance. The applicants may be able to describe what options they looked at and why this area was chosen for the addition. Staff RecoBBendatlon If Planning Commission feels that the side setback variance is justified by a suitable hardship or other significant factors then a recommendation for approval would be appropriate. ^ ^ / CITY OP ORONO - VARIANCE APPLICATION 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 40 Stubbs Bay Road ___________ # Property Identification Number (P.I.D.) Q3~il7"23 12 0009- - - Attach legal description to application if not included on required survey. Ill-) OF Flr^A^E OFFICE --------- APPLICANT Name Weldon H. and Phyllis Dunn Address: 40 Stubbs Bay Road Phone (home) , 473-8102 01 iLi ^ •ji'’?, li Phone ...... rr A -■ u I i\.- w vv'A nV i I io/:yF city: Orono _ _ _ _ Zip; 55359_ _ _ ONNER (if different than applicant) Name_ _ _ _ _ _ _ _ _ _ _ __ Phone (home) Phone (work) Address:City:Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land PRESENT USE OF PROPERTY Present Zoning District _ _ ___ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ Present Use of Property Residential Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 23,000*00 DCBcriba request in detail: teg-oest variance to build addition wlth.^ 22,6 feet of south lot line _______________________________ VARIAMCBS REQUIRED _ _ _ Lot Area Setback Variances ( Other _ _ _ _ _ _ _ _ _ ■■ Lot Width Front _ _ Hardcover Side _ _ _ Rear) HARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: We would be unable to bu ild the planned---- addition_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—- - - - - - - DESCRIPTION OP ONDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Homo was built when set back was 15ft _ _ _ _ _ _ _ _ _ _ REQUIRED 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). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy S^j^xll"). Sketches or plans of floor & elevation views (provide 1 copy 8h"xll"). As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yoor variance application is not complete if the__above InforBation has not been included. 2. 3. 4. 5. 6. 7. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature // '// ^Date ONHERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must b« present at all scheduled xmwimm aeetings of the Planning Ccnnission 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. ‘ *’**« '''5*® 05-117-25 12 0009 prop'ADDR ^ .'00090' STUBBS BAY RD S ' ^^'CRtiER nahe I ; HELOON H DUTM ETAL TAXPAYER \ i K HELOGN H DUMN i 'H NAHE/AODR^ i 90 STUBBS BAY RO ' ‘lM.ll.5 ■'.i- 'I'J fll.-K 4 r[PROP AOOR %>^OItCR N4NK TAXPAYER s' NAME/AOOR^ 25 59 0005 00025 ; STUBBS BAY RO N R 6RINLEY A K TUKUA DENNIS M KRUNP 25 NO STUBBS BAY RO HAPLE PLAIN MN 55359 r- y> ilfii “ ‘V'^ I'^RSB '52-118-25 95 0005 { WpnOR ADORt If 03555 HATERTOW RD I^ONNER NAHi^k ROBERT E ROBERTSON « NIFE Y'SS tAXPAYER :■ ROBERT E ROBERTSON f NAHE/AOOR ^ 5535 KATERTONN RD JlONB lake m SS356 ;4 V ; > TAXPAYER >'l TOTAU BATCH HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST SB 05-117-25 12 0022 00090 STUBBS BAY RD S CLEHENT KROLL ET AL CLEMENT C KROLL 90 STUBBS BAY RO S MAPLE PLAIN m 55559 5B 52-11B-25 39 0009 0005B AOORESS UNASSIGNEO JOHN P BUMI JOHN F 0UM4 20 S BBOMi RO P 0 BOX 77 LONB LAKE m 55359 IB 52-11B-21 93 0009 03595 NATERT0M4 RO MELOON N OU»M MELOON N OUM< 90 STUBBS BAY ROAD MAPLE PLAIN m 55359 009 00009 NAME/AOOR ^ , t'l NAME4_____, , . .. imU' '■'liil mmi Mm%■Mmm 1 Pfi'ite ;.- f- (3' y ■. V *.>1*41 I. i V,^ p REPORT NO. PIAI^i j ?: PAGE 99m -3S 05-117-25 El 0001 . . 00055 STUBBS BAY RO N rt.PAGE,? t; ‘. j '! if CITY OF ORONO CITY OF ORONO Ju CITY CLERK V: PO BOX 9* V{ CRYSTAL BAY Ml { 55325 A.■ * i » . ' 4’.' 1 ', 3B 32118-23 SA 0011^^ 'll! M •!03985 NATERTOMI RO . J H « M L MERIOETN I JOHN H A MARLA MERIOETN 3*85 NATERTOMI RO HAPLE PLAIN Ml 55359 ■V ir 30 3^-llB-25 AS 0007 03505 NATERTOMI RB « AfMICK R M PRATBERNON' AfMICK R M PRATBERNON ■ • i 3505 NATERTOMI RB Mlir ifi’ ■ my 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE * ^ . REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON^HE RECORDS ^ OF THE HENTJEPIN COUNTY DEPARTMENT, OF PROPERJpr TAXATION»iTO JI^E BEST H ^ OF MY rFiOWlEDliE AND BELIEF OAT ■ ' Adjacent Property Owners' Ac)uiowledge!nent Form j Clement & Winnifred Kroll [print name (s)] of 60 Stubbs Bay Road 3, [print address] Application No. _____. I (we) understand that in executing this ackr.owledge.nent, I am (are) not as)ced to declare approval or disapproval of the proper y but merely to confirm for the City Council that I (we) am (are) aware of the im^rovelenl: plans and that the proposed neighbor's project or use requij^esvCouncil approval. •J^r'tyawner I (we) [print name(s)][print address] Application No. _____. I (we) understand that in executing this aOcnowledgement, I (««> (are) not asiced to declare-approval or disapproval of the property or use but merel^to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's progect or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City this Land Ose Application, please submit your ^ ^ zoning Office at least 10 days prior to the scheduled meeting date. #1 601 From: Date: Subject: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administra|j^j||jQj!^ f^^CtTlNG November 14, 1990 #1602 Don Copley, 1185 Tonkawa Road - Renewal Variance - Public Hearing Otc 1 0 1990 CITY OF ORONO Zoning District - LR-lB Approximate Area = 28,405 s.f. Pertinent Ordinance - Section 10.22, Subdivision 1 - Average lakeshore setback. The proposed addition encroaches approximately 1-1%' in front of the average lakeshore setback line (review Exhibit H). Section 10.22, Subdivision 2 - Hardcover variance required within 75-2 ' setback area. 75-250' Setback Area = 22,827 s.f. Allowed Hardcover = 5,707 s.f. or 25% Existing Hardcover = 5,516 s.f. or 24.1% Hardcover Approved by Council 10/23/89 ~ 5,829*or 25.5% Va.'iance = 122 s.f. or .5% ♦ C:?uncil required the removal of a shed at 168 s.f. List of Exhibits Exhibit A - Application Exhibit B - Plat M^p Exhibit C - Property Owners List Exhibit D - Planning Commission Minutes 9/18/89 Exhibit E - Council Minutes 10/23/89 Exhibit F - Elevations Exhibit G - Survey Exhibit H - Sketch of Average Lakeshore Setback Line Exhibit I - Floor Plan Review of Application - The applicant seeks renewal of variance application to permit a major addition to the east side of the existing residence that meets all required setbacks of the LR-IB zoning district. Portions of a grade level porch and second story balcony project 1-1%' in front of an average setback line. The improvements also involve additional hardcover totalling 5,997 s.f. or 26.2%. The Planning Commission unanimously voted to approve the average lakeshore setback variance but denied the hardcover variance within the 75-250' setback area at 26.2% and recommended to the Council that hardcover be maintained at 25%. Zoning File #1602 November 14, 1990 Page 2 of 2 Please review the Council minutes enclosed (Exhibit C), the Council reviewed the application at 2 meetings providing them adequate time to review the site. In consideration of the stone wall that surrounded the bituminous area, and the need to provide safe access to the County road, the Planning Commission approved .'V. a;’hardcover variance requiring the removal of a shed 168 s.f. of hardcover. Council approved the average lakeshore setback variance and a hardcover variance of .5%, approving hardcover at 5,829 s.f. The Council's approval was based on the shed being removed and such removal to be confirmed at the time of a footing inspection for the new construction. Council made the following findings: 1. The encroc jhment of the average lakesh'ore setback is minimal at a l-l^s' and will have no negative impact on the lake views of the adjacent residences. 2. There is no hardcover in the 0-75' setback area on the property. 3. The proposed total area or size of the residence structiire is consistent with the size and area of surrounding residences on adjacent lots of similar size. 4. The existing bituminous drive is required to maintain safe nccess to the adjacent County road. The -applicant seeks approval of a renewal variance and proposes no changes from the original application approved by Council in 1989. Zoning File #1602 November 30, 1990 Page 3Additional Connnents and Staff Recommendation The Planning Commission recommended unanimous approval of the renewal variance as proposed by Mr. Copley finding no changes from the original proposal approved by the Council in 1989. The enclosed approval resolution as prepared for Council is presented for Council's review and action. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) 6 2 PILE #1602 (hereinafter theWHEREAS, Don W. Copley applicant") is the owner of the property located at 1185 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as Tract B, Registered Land Survey #853, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow construction of an addition to the existing residence located 1-1/2' in front of the average lakeshore setback line and a variance to Section 10.22, Subdivision 2 seeking approval of a hardcover variance within the 75-250' setback area of 1.22 square feet or .5% over the allowed haracover of 5,707 square feet or 25%. Minnesota ; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1602. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 28,405 square feet or .65 acres. 3. The Orono Planning Commission reviewed this renewal application on November 19, 1990 and recommended approval of the average lakeshore setback variance and hardcover variance of .5% based cn the following findings; A) The encroachment of the average lakeshore setback is minimal at 1-1/2' and will have no negative impact on the lake views of the adjacent residences. B) There is no hardcover in the 0-75' setback area on the property. C) The proposed total area or size of the residence structure is consistent with the size and area of surrounding residences on adjacent lots of similar size. Page 1 of 4 D) The existing bituminou*^ drive and back out apron are required to maintain safe access to the adjacent County Road. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Plai .ing Commission, reports by City staff, comments by the appjicant and the effect of the proposed variance on the health, safety and welfare of the community. COMCLDSIOMS, ORDER AMD CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) that would approve the average lakeshore setback variance of 1-1/2' for the proposed addition and approves a hardcover variance to allow 5,829 square feet or 25.5% hardcover within the 75-250* setback area, subject to the following conditions: 1. Applicant shall remove a shed consisting of 168 square feet within the 75-250' setback area. Such removal to be confirmed by the BuaIding Inspector at the time of the footing inspection for the new addition. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a builling permit within one year of the date of Council approval, or this variance will expire on that date (December 10, 1991). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted L 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself. his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of December, 1990. ATTEST; Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of December, 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 4 1. . . . .... . . . STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) llforel.. a Notary PaEIIH wYt^hirand for said'^ounty,^personally thr\^lrson(s) descrLbed in and who executed the foregoing i^trLent, and acknowledged that he (they) executed the same as his (their) free act and deed. day of 199 notary public my commission expires state or MINNESOTA ))ss. COUNTY OF HENNEPIN ) , 199 before me rNot“ry Public withxn and for said County,^^ B«r.on(sl described in and who executed the foregoing instrument, and ackno^wledged that he (they) executed the same as has (their) free act and deed. notary PUBLIC my commission expires Page 4 of 4 CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 "(ho change from original application) After-the-Fact Fees (Double application fee PROPERTY LOCATION Site Address ^ _ _ _1\0aJc Property Identification Number (P.I.D.) ^ JjjAtAxa Attach legal description to application if not included on required survey. r-T-v r»r mi-rmb/i I I Wf FI^A^CE OFFICE n^EOooao 01 COi 100. oc 71 100. jjcrcror._ ru/>kik- vrji •• ^ ^ I*>Pi 1 I i/u Appucurr Name QaJ Phone (home ) Z/y/— (9</^^‘01 >%'l H. i i At'/ t« Phone (work) A^Hress; (/('f' ^H'KAa/lV /?0 City; _ _ Zip; SSJ.^A. OWNER (if different than applicant) Name _ _ _ _ _ Phone (home) Phone (work) Address:City:Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land PRESENT USE OP PROPERTY //F FKUFCKAX J \ O Present Zoning District Present Use of Property_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___£f^esidentiar^ Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ,—________________ VARIANCES REQUIRED Lot Area Setback Variances (_ _ Other Lot Width Front wmm Side Rear) " i"'■■ HARDSHIP , .Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:- - - - - - - - - --- - - --- - - - - - - - - - - DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ __ __ _ _ _ _ _ ___ _ _ _ _ _ _ _ __——- - - -—- - - - - REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to^include hardcover calculations as required (provide one (1) copy 0i5"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8^"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8i5'’xll"). 7. As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that voor variance application is not couple^_if—the—above <n#ftya<iion has not been included* APPLICANT'S SIGNATURE . The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature f f Date ?2- Q.O Mwwpg SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date I Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled xmTiaif meetings of the Planning Coemission 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. !• I ' ' 07/tS/8»l j ■ATCH 007 •i■!» 'ijlV 50 06«117>25 15 0006 MOO ADDR \ 01100 • TON(AMA RO OMCR NMC '] SHIRLEV J HENDERSON TAXOAYER SHIRLEY J HENDERSON NAHE/AODR , 1100 TOMCAHA ROAD ,UMB LAKE »tl 6S356 if. , > 50 00-117-25 15 0009 PROD ADDR ' onto TOIAOMA RO ONNER NAHE i J A A OENOT TAXPAYER ' JOHN 0 A ANNE L OENOT ^ NANE/ADDR 1120 TOIKAHA RO LONO LAKE m 5S5S6 HEIMEPIN COimV PROPERTY INFORMATIOI4 SYSTEM PROPERTY OILERS LIST 38 08-117-23 13 0007 01160 TONKAHA RO H T WHEELER A S J lOIEELER W T WHEELER A S J WHEELER 1160 TWACAWA RD LOfffi LAKE Ml 55356 38 08-117-25 13 0010 00038 ADDRESS LAMSSIGNED MARVIN BORMAN ETAL MARVIN BORMAN 1800 MIDWEST PLAZA MPLS MN 55<i02 'll ji'hf.REPORT WO. PIA55401 I 38 08-117-23 13 0008 ; 01160 TOMCAHA RD R A K KYLE RICHARD A KATHLEEN KYLE 1160 TOMCAWA ROAD LONG LAKE MN 55556 38 08-117-23 13 0016 01145 TONKAHA RD j G A A DIETZ GEORGE A AM4 DIETZ 1145 TONKAHA RO L0»K3 LAKE M4 55556 ;l. ii iiP' ^ ■ li K-i: ? I i 58 08-117-25 15 0017 PROP ADDR 01185 TONKAHA RD 0»t«R NAME ; D H COPLEY A P A COPLEY TAXPAYER ; DON N A PATSY A COPLEY NAHE/AODR | 1185 TONKAHA RD J LONO -LAKE MN 55356 i i< I ! i: '• 58 08-117-23 13 0018 01205 TONKAHA RD THOMAS H SMITH A WIFE THOMAS H SMITH 1205 TOMCAHA RD L0F4G LAKE rt4 55356 )i: r' ] TO'^AL BATCH 007 00008 5 , .1 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF irJFORMATION AS IT APPEARS THIS DATE ON THE RECORDS' - I ’ DATE >ARTMENT OF PROPERTY TAXATION* TO THE BEST H 1 . , 'i ■! i JJ ^ ^ iT> V / - • JII t r >i D NIHDTBS OF THE PLANNING COMMISSION MEETING SEPTEMBER 18, 1989 ZONING FILE #1457-CARLSON CONTINUED Planning Commissioner Bellows, to table this application until such time that the septic report has been reviewed by the staff and Planning Commission. Planning Commissioner Brown questioned how the City would protect the draintile or drainage ditches running through this property? Mabusth replied that they would be protected with drainage easements. Kelley placed the applicant on notice that he should submit information pertaining to the location of the draintile before coming back before the Planning Commission. Motion, Ayes=6, Nays=0, Motion passed. #1440 1ST NATIONAL BANK OP THE LA)CES 2445 SBADTIfOOD ROAD COMMERCIAL SITE PLAN REVIEW CONTINUATION OF PUBLIC HEARING 7:56 P.M. TO 8:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Mark Winter was present as a representative for the Bank. Building & Zoning Administrator Mabusth provided a brief explanation of the application being presented. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, inded by Planning Commissioner Hanson, to recommend approva . the commercial site plan for application #1440, and the installation of an -^iditional lane. Motion, Ayes-6, Nays=0, Motion passed. #1441 DON COPLBx 1185 TONKAWA ROAD VARIANCES CONTINUATION OF PUBLIC HEARING 8:03 P.M. TO 8:09 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Copley was prei for this matter. Building and Zoning Administrator Mabusth explained that staff's hardcover calculations had been incorrect due because a portion of the 0-75' setback area was not included. Staff has calculated that there will a 1.2% increase in hardcover in the 75-250* setback area. Mabusth said there will be a 1* to 1.5* encroai jient of the average lakeshore setback line. Planning Commissioner Hanson asked Mr. Copley whether he would be willing to remove existing hardcover in order to keep the percent of hardcover the same? Mr. Copley said that he would prefer not to remove any of the existing hardcover. MINOTBS OF THE PLAMIiniG COMMISSION MEETING SEPTEMBER 18, 1989 ZONING FILE 11441-COPIiET CONTINUED Planning Commissioner Brown said that the existing hardcover was 24%. He would be v V’ing to allow the applicant to increase to 25% which is the maxi..ium allowed. The e were no comments from the public regarding this matter and thv j^ubiic hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approvol of the average laJceshore setback variance of approximately 1.5 ’ and that hardcover was to be retained at 2.5%. Motion, Ayes-6, Nays*0, Motion passed. *1452 WiLTER H. PEMBERVO' 1720 SBADTIiOOD ROAD V^JRIANCF PUBLIC ;1EARING 8:10 P.M. . 4:11 P.M. The Affidavit of Pub-ication ?nd Certificate of Mailing were dul> noted. Mr. and Mrs. Pemberton were present for this matter. ?^3sistant Planning and Zoning Admi r. i s t r a tor Ga f f r on exi> ned the Pembert proposal to convert an existing grade lev-^ deck into an add. c±on to their dining room. lairman Kelley asked whether the Pemberton's had received input from their neighbor to the south? Mr. Pemberton ^ id that he had spoken to his neighbors on oth sides and they had no objection. Planning Commissioner Brown asked if there was existing I. *rdcover that could be removed? There were no comments from the public regarding this ?r and the public hearing was closed. Planning Commissioner Brown reminded Mr. Pemoerton that during their recent visit he had indicated that he would be xremoving hardcover from the back of the house. Mr. Peinb'jrton said that he would be willing to "punch holes" in the plastic that is p’^esumed to be underlying the rockbed. G^ffron said t'^'^t staff prefers to have the plastic t' -oved, since hole punching nearly impossible to veri-. It was moved by Planning Commissioner Ha» -sion, seconded by Planning r'^immisaioner Cohen, to recommend approval of this applicatio rovided that the plastic underlying the rockbed in the northeab corner of the property is remrved. Motion, Ayes»4, JBellows and Kelley, Nay, due to their preference to see hardcover re voved rather than converted into permanent structure. Motion MINUTES OP ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZONING FILE #1411-SOSSEX SQUARE DEVELOPMENT CONTINUED Gronberg asked Public Works Director Gerhardson if there are any considerations that must be given as to the location of the monuments and maintenance of the drainage and utility easement? Gerhardson said that he would have to review the proposed monument location more closely to make any determination. CounciImember Goetten questioned whether the landscape plan would be submitted for review by City staff? Mayor Grabek eplied that the landscape and entrance monument plan would need to be submitted. Gaffron asked which road configuration the Council preferred to see? Gronberg said that the developer had no preference as to which scheme is used. Gronberg said that the original proposal was designed so as to discourage through traffic. Mayor Grabek indicated that he preferred the Planning Commission*8 recommendation. City Engineer Cook questioned whether Outlet C would be developed at this time? Gronberg replied that a portion of it would be developed so as to facilitate emergency vehicles. Gaffron clarified that the road would be continuous with a "T" intersection. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to adopt Resolution #2725. approving the Preliminary Subdivision for Sussex Square Developmentr 3020 Fox Street. Motion, Ayes-5, Nays»0, Motion passed. POM)^ SiiXKKM ^WOIIITIOM #2717^ Copley was present for this matter. City Administrator Bernhardson briefly explained this application. He said that Mr. Copley has indicated his willingness to remove the existing accessory structure which will bring hardcover in the 75-250* setback aiea to 25.5%. An additional 72 s.f. of hardcover could be removed from a portion of the driveway, however, staff believes it is nr -assary to have room to turn arcund in the driveway. Counci Imember Goetten said that she too was concerned about removing a portion of the driveway. She said hat she appreciated the efforts made by Mr. Copley to keep hardcover to a minimum. MIHDTBS OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZOmNG PILE #1441-COPLEY CONTINUED It was moved by Counci 1member Goetten, seconded by Councilmember Peterson, to adopt Resolution #2717, approving the hardcover variance and average lakeshore setback variance for Mr. Don Copley, 1185 Tonkawa load. Motion, Ayes=5, Nays=0, Motion passed. #1452 HALTER PEMBERTON 1720 SBADYHOOD ROAD VARXAMCE Mr. Pemberton was present for this rs^'er. City Administrator Bernhardson explained this application to the Council and Mayor Grabek. Counci l.nember Goetten said tnat she was surprised that hardcover in the 75-250' zone was not addressed at the Planning Comnission meeting She said that 5d% in that area is far too much. She said ' at she would like to see a decrease in hardcover in the 3-250' area if this application is proposed. Goetten said that she did not oppose the structure being proposed, if something could be worked out v^ith the staff to remove existing hardcover. Mayor Grabek expressed his concern with the conversion of decks into structure. Mayor Grabek said that he could not see the hardship for placing the addition in the 0-75' setback zone. CounciImember Goetten asked Mr. Pemberton if it would oe possible to locate the addition elsewhere? CounciImember Callahan indicated that he agreed with the Planning Commissioners that voted against approval of this application. Mr. Pemberton indicated that he did not understand how the deck, which is hardcover, would be allowed, but putting a roof over the deck and closing it in without extending it further toward the lake is not allowable. He said that he did not understand why he would be asked to remove hardcover from the "-ont of the house when he is not proposing to do anything to the ront of the house. Mayor Grabek said that the City is trying to protect the area between O' and 75' of the lakeshore. Mayor Grabek said that the City would set a precedent by allowing structures to be built in that area. Grabek said that each application is reviewed for a hardship that will warrant the approval of a variance, Mr. Pemberton reiterated his inability to understand how his proposal would have any more impact on the ke than what is currently existing. He noted that the hardcover being removed in front of the house is more than double than the area being converted into the additior on the back of the house. Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froa: Date: COUNCIL !;ii£TIN6 Jeanne A. Mabusth, Building & Zoning Administrator November 15, 1990 Subject: #1603 Irwin Jacobs, 1075 Millston Road - Variances - Public Hearing DEC 10 1990 CITY OF ORONO Soning District - lr-IA Total Area * 2.7 acres Fertinent Ordinance > 1.Section 10.03, Subdivision 9 (C) - Area restrictions. In all LR Districts, no accessory buildings shall exceed 1,000 s.f. of footprint area, except that accessory structures in excess of 1,000 s.f. will be allowed under the following conditions: A) Not more than 1 oversized accessory structure shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 s.f. Property already contains a detached accessory structure of 1,414 s.f. Applicant proposes the addition of the greenhouse at 2,604 s.f. (31'x84'). Variance required to allow a second oversized accessory structure on the 2.78 acre parcel. B) Oversized accessory structures are regulated by the following table: Total Area of Max. All. ed Access. Structures Lot Area Footprint Area on a Property 2,400 s.f.2-3 acres 9 acres+ 1,200 s.f. 3,000 s.f.6,000 s.f. Zoning File #1603 November 15# 1990 Page 2 of 7 i. A variance would be required to the total area allowed for accessory structures on a property. The 2.7 acre parcel would be allowed a total of 2,400 s.f. The addition of the greenhouse would result in a total of 4,018 s.f. of accessory structure area, requiring approval of a variance of 1,618 s.f. ci accessory structure area over the allowed amount. ii. Maxmimum allowed size of oversized accesory structure for 2.7 acres parcel is 1,200 s.f. There already exists a 1,414 s.f- accessory structure. Applicant proposes a 2,604 s.f. accessory structure. Another variance required. C) An oversized accessory structure shall be subject to the following conditions: i. No future subdivision will be approved that places the structure within a lot that has no prinicpal structure except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure in order that a principal structure may oe constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversized accessory structure and principal structure will be located together with a lot that meets the minimum lot area requirsments for the given size of the property. Zoning File #1603 November 15, 1990 Page 3 of 7 3. Section 10.22, Subdivision 2 - Hardcover 0-75* Setback Area Allowed * 0% Existing = 765 s.f. 23,000 s.f. 75-250* Setback Area = 44,800 s.f. Allowed * 11,200 s.f. or 25% Existing = 5,296 s.f. or 11.0% 250-500* Setback Area = 39,900 s.f. Allowed * 11,970 s.f. or 30% Existing » 10,846 s.f. or 27.18% Proposed * 13,450 s.f. or 33.7%* Variance » 1,480 s.f. or 3.7% 500-1,000* Setback Area * 10,600 s.f. Allowed * 3,710 s.f. or 35% Existing =* 1,750 s.f. or 16.51% * Proposed addition of greenhouse will require approval of a hardcover variance within the 250-500’ setback area. List of Exhibits F.:;:hibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E Exhibit P Exhibit G Exhibit H Application Property Owners List Plat Map Applicant' s .Addendum Greenhouse Elevation/Specs Greenhouse Plans/Specs Hardcover Fact Sheets Survey Zoning File #1603 November 15, 1990 Page 4 of 7 Review of Application - At your October meeting, the Planning C: /.nission members approved a conditional use permit and variances to the accessory structure code that allowed a guest house, considered an oversized accessory structure on a 31 acre parcel (22 acres dry buildable) that already had two oversized accessory structures for a final total of 3. Mr. Jacobs' homestead parcel is immediately adjacent to the subject property. Applicant's gardener resides within the house on the 2.7 acre parcel. The proposed greenhouse will supply the gardens on the adjace' : property with plantings for the extensive flowe.r beds on the estate. The Planning Commission voted unanimous approval of a conditional use permit and variance and questioned the introduction of applicant's greenhouse in the review of the conditional use permit for the guest house as they involved separate properties. In light of the impact of the row accessory structure ordinance and the fact that the structures and the uses of the 2.7 acre parcel support the estate use on the 31 acre parcel, the 2,600 s.f. greenhouse variance does not appear 3 intense or extreme. Planning Commission should ask if they would approve a 2,600 greenhouse on your typical ? acre rural lot? Certainly the unique pattern of ownership and use of these properties imoact the review of this application. The greenhouse meets all reqir' *=?d setbacks. The height of the greenhouse at 16' appears t-^ create no height problems. Please review applicant's addendum (Exhibit D), that provides background on the need for the greenhouse. The greenhouse based on the 2.7 acre area does require hardcover variances within the 250-5C0' setback area of approximately 3.7%. Per the oversized accessory structure ordinance, the greenhouse exceeds the allowed area for a 2.78 a». ? parcel (allowed 1,200 s.f.) and will require variance approvax because this would be the second oversized accessory structure on the property where only 1 is a Howe., If the property was legally combined with the estate property, a hardcover variance would no longer to necessary. Zoning File #1603 November 15, 1990 Page 5 of 7 250-500' setback area = 500,600 s.f. Allowed « 150,180 s.f. or 30% Existing - 49,430 s.f. or 9.9% Proposed * 52,034 s.f. or 10.39% At 2.7 acre density, hardcover at 13,450 s.f. is 33.7% over the allowed 30%. If the properties were combined, it would not be necessary to grant an area variance for the 2,604 s.f. greenhouse structure as naximum size for an accessory structure for a 9 acre+ parcel is 3,000 s.f. If the properties were combined, it would be necessary to approve 5 oversized accessory structures for the totally combined acre parcel as onlv one is allowed; Detached Garage on 107 5 Mi 11stor. ."id Detached Garage on Estate Property Caretaker House Guesthouse Already Approved Proposed Greenhouse Principal Structure 1075 Millston Rd 1,414 s.f 1,008 1,844 1,740 2,604 1,332 now becomes Caretfxer Accessory Structure If the properties we' c*: for total area of accessoiy st 9 acres is required: ned, a variance to the standard tures on a prop- rty in excess of Shed on Estate Kennel on Estate Detached Garage 1075 Millston Rd Detached Garage on Estate Caretaker House on ^ itate Guesthouse Already Approved Proposed Greenhouse Principal Structure 1075 Millston Rd 637 216 ] ,414 1,008 1,844 1,740 2,604 1,33? s.f. '»T4iL >lowed 10,795 s.f. 6,C0C s.f. Zoning File #1603 November 15, 1990 Page 6 of 7 Options of Action - Approval of variances for greenhouse on 2.78 acre parcel. Such approval would involve the following variances: 1. 250-500' setback hardcover variance for 1,480 s.f. or 3.7%. 2. Variance to allowed footprint size for oversized accessory structure on 2.78 acre parcel. Allowed -l,200s.f. . Proposed = 2,604 s.f. (1,414 s.f. accessory structure already exists) 3. The greenhouse addition would require a variance to the allowed total area for accessory structures on 2.78 acre property. Allowed * 2,400 s.f. Proposed * 4,018 s.f. 4. Variance required because there are two oversized accessory structures on the 2.7 acre parcel where only one is allowed; detached garage and proposed greenhouse. Approval of a variance to the oversized accessory structure ordinance for a greenhouse on a property at 33.7 acres requiring approval of the following variances; 1. Five oversized accessory structures on a property that already contains one for a total of six oversized accessory structures. 2. Variance to allowed total area for accessory structure on a property; Allowed « 6,000 s.f. Proposed * 10,795 s.f. Ik Zoning File #1603 November 15, 1990 Page 7 of 7 Planning Commission members should determine if it will be necessary for applicant to file covenants on non-residentia1 accessory structures in preparation for future subdivision of property. Additional Coaments and Planning Commission Recommendation - December 4, 1990 Additional Exhibits Exhibit I - Applicant's Letter Exhibit J - Revised Comprehensive Survey At the October Planning Commission meeting, Members unanimously approved variances to the oversized accessory structure ordinance for a guest house on the applicant's homestead parcel located at 1700 Shoreline Drive. - In a 4-2 vote. Planning Commission approved variances to the oversized accessory structure ordinance for a greenhouse at 2,604 s.f, in area proposed on a property located at 1075 Mi listen Road, based on the condition that the property be legally combined with Mr. Jacobs' homestead parcel resulting in a total of 33.7 acres, the Planning Commission would not consider acting on the green house application unless the applicant agreed to the legal combination as the variances sought for the 2.7 acre parcel were far too excessive. If the properties are legally combined, only 2 variances would have to be granted as follows; 1. Five oversized accessory structures on a property that already contains one, for a total of six oversized accessory structures. 2. Variance to allowed total area for accessory structures on property; Allowed = 6,000 s.f. Proposed = 10,795 s.f. The Planning Commission based their approval on the following findings: 1. The property consists of 33+ acres in area. 2. The accessory structure ordinance does not provide standards for an estate use. The covenants required under the ordinance will provide to the City the necessary controls to ensure oversized accessory structures are either placed on future lots with residence structures or within a specified period of time, the oversized accessory structures would have to be removed. ik- Zoning File #1603 December 4, 1990 Page 8 3. The greenhouse structure will not be visible from the County Road nor from the adjacent lots of the Mi listen plat nor from any other adjacent property. 4. The greenhouse will supply plantings for flower beds totalling 6,386 s.f, of area on the estate. The minority opinion of two was concerned because of the commercial aspect of the design of the structure and that prior to acting, it would have been helpful to have a comprehensive plan of both properties (1075 Millston Road and 1700" Shorel ine Drive). The Planning Commission conditioned its approval recommendation on the applicant providing an updated comprehensive survey of both properties before it could be presented for Council's action. The updated survey is enclosed as Exhibit J for Council's review. In reviewing applicant's most recent letter to Council (Exhibit I), Mr. Jacobs addresses the concerns of the minority opinion as to the commercial aspect of the groenhouse by agreeing to remove it upon future subdivision of the property. This condition would be included in the covenants for oversized accessory structures required to be filed against t) e chain of property upon approval of this variance and the legal combination of the property. The enclosed approval resolution has been drafted per the Planning Commission recommendation. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C)l fc 2 FILE #1603 WHEREAS, Irwin Jacobs (hereinafter "the applicant") is the owner of the property located at 1700 Shoreline Drive and 1075 Millston Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C)l to permit the construction of a greenhouse totalling 2,604 s.f. in area, considered an oversized accessory structure because it exceeds 1,000 s.f. in area, on a property that already contains 5 other oversized accessory structures; and a variance to Section 10.03, Subdivision 9(02 as the total of all accessory structure footprint areas at 10,795 s.f. exceeds the allowed total area of 6,000 s.f. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1603. 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property located at 1700 Shoreline Drive consists of 30 acres, 24 of which are dry buildable. The property located at 1075 Millston Road consists of 2.7 acres. The total sum of the areas of both properties is approximately 33 acres. 3. The Orono Planning Commission reviewed this application on November 19, 1990, and recommended approval of the variances as proposed based upon the following findings: A) The total area of both properties equals 33+ acres in area. Page 1 of 4 B) The current accessory structure ordinance does not provide standards for an estate use. The ordinance does require the filing of covenants which will provide the City the necessary controls with a future subdivision of property. C) The greenhouse structure cannot be seen from the adjacent County Road nor from the residential properties within the Millston plat because of mature evergreen plantings along the boundaries of the subject property and within the adjacent residential lots, D) The greenhouse will supply plantings for flower beds totaling 6,386 s.f. of area on the estate. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to "the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) 1 and 2 to permit the construction of a greenhouse totalling 2,604 s.f. in area, subject to the following conditions; 1. The owner shall apply for the legal combination of the 2 independent properties located at 1075 Millston Road and 1700 Shoreline Drive. Page 2 of 4 2. The owner shall execute covenants for non-residentia 1 oversized accessory structures consistinr of the following: Detached garage Detached garage Greenhouse 1,414 s.f 1,008 s.f 2,604 s.f The covenants shall include a special condition for the greenhouse that would require the removal at the time of a future subdivision. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 10, 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, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of December, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss . The foregoing instrument was acknowledged before me on this 10th day of December 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 STATE OF MINNESOTA ) ) ss« COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ ^_ _ _ _ ___ _ _ _ _ _ _ _ _ _-—^ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, persorally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 EXHIBIT A That part of Government Lots 1 and 2 in Section 10, in Township 117 of Range 23 which is described as follows, to wit: Beginning at a point 6 chains west of the meander post in the southeast corner of said Lot 2 in said Section 10; the thence running north 20 chains more or less, to the shore of Round Lake, so-called; thence along and around the westerly and northerly shore of said Lake to the meander corner in the north shore of said Lake and between Section 10 and 11 in said Township and Range; thence north on the section line between said Section 10 and 11 to the southerly line of the right-of-way of the Minnetonka Branch of the Great Northern Railway thence south westerly along said southerly line of said right-of-way to the point of the intersection of said southerly line of the said right-of-way with the west line of said Lot 1; thence turning and running in a straight line in a southeasterly direction 654.8 feet» more or less to a point which is 236.8 feet east of the west line of said Lot 2 and at the same time J04 feet south of the north line of said Lot 2; thence, south on a line parallel with and distant 236.8 feet east from the west line of said Lot 2, 1,016 feet more or less, to the north shore of Lake Minnetonka; thence easterly along the said shore of said Lake Minnetonka to the place of beginning, according to the government survey tl r reof; and Lot 2, Block 1, Millston, all in Hennepin County, Minnesota. CITY OP ORONO - VARIANCE APPLICATION 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) ^.Vv PROPERTY LOCATION Site Address /7Co Pn Property Identification Number (P.I.D.) ___________________— Attach legal description to application if not included on required survey. APPLICANT Name ^ kv? g- ^ Address: City: ^/yf^ Phone cme) _ _ Phone (work) _ _ Zip: 3^3 OWNER (if different than applicant) Name n/< tn_ _»Ph 3_ _ _ _ Phone (home) Address; /7^o _ _ _ Phone (work) City; _ _ _ 3 3 "7 - / ^/D/ Zip; Date Property Acquired /77y {month/year) I ^doj) (do not) also own the adjacent parcels of land PRESENT USB OF PROPERTY Present Zoning District _ _ _ _ _ ___ _ _ _ _ ___ _ _ _ _ Present Use of Property Residential Other (specify) DBSCRXPTIOH OF REQUEST Estimated Construction Cost %__Z£^.£££- Describe request in detail: hi 7AR1AHCBS REQUIRED _ _ _ Lot Area Setback Variances ( Other Lot Width Front Hardcover Side J± i Rear)'O K£.- rr _L ,.V HARDSHIPDescribe -indue hardship or practical difficulty resulting from strict enforcement of zoning regulations: ^ _ _ _ _ _ _ DESCRIPTION OP UNUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: 4-a _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 (provide one (1) copy 8i5"xll'’ for reproduction). 5- Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J5"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8ii"xll"). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above infomation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her >:nowledge. Applicant's Signature ^ ^_ _ _ _ _ _ Date _ _ _ / ^ ONNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of irvestiga- tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled reyiew meetings of the Planning Comission 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. MM DATE 09/14/90 BATCH 002 PROD ADDR OltCR NAME TAXPAYER NAHE/ADOR PROP ADDR OltlER NAME TAXPAYER »MHE/ADDR i-r : la 10-117-2S 11 0001 OOOSO ADDRESS UNASSIGHED SUAD N AZHARI SUAD H AZHARI 1745 FOX ST HAYZATA rtl * 55391 1 . •i 38 10<117-2S 12 0004 U0940 DROFM RD S . CAROL SEtM CAROL SEtM 940 SO BROtM RD HAYZATA HN 55391 . ’‘'r PROP ADDR OtMER NAME: TAXPAYER NAHE/ADOR PROP ADDR . 58 ‘ 10-117-25 15 0008 l ..01025 I HERITAGE LA ■' ' N J JOHNSON I N L JOHNSON •HARK R JOHNSON i 1025 HERITAGE LN ' HAYZATA IM . 55391‘I? 58 10-117-23 13 0019 00058 ; ADDRESS UNASSIGHED OMCR NAHE.^ HELEN S HCKHIGHT TAXPAYER :/y DAVID N HINTON NAHE/ADOR 4^4422 IDS CENTER . M 80 S 8TH ST » ;'HPLS m . 55402 ' 5 PROP ADDR OIMER NAHE TAXPAYER NAHE/ADOR ■ 58 10-117-25 14 0002 • 00058 • ADDRESS UNASSIGNED DAVID H HINTON > DAVID H HINTON J 4422 IDS CENTER : 80 S 8TH ST HPLS m {,55402 . H 58 10-117-25 14 PROP ADDR , 0112S < HILLSTON OMCR NAHE l ROONEY P SURHELL TAXPAYER < ; ROONEY ^ BURHELL NAHE/ADOR ' 7901 XERXES AVE S , HPLS »M^!jite431 ‘‘ 000 s RD HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHttERS LIST 30 10-117-23 11 0002 00038 ADDRESS UttASSiGNbO MCLEOD CNTY REG RAIL AUril DAKOTA RAIL IttC C/0 THOMAS LOVETT 1400 FIRST BANK PLACE H MPLS MN 55402 38 10-117-23 12 0005 01005 HERITAGE LA D A A DEAL DAVID J DEAL 1005 HERITAGE LAME HAYZATA MM 55391 38 10-117-23 13 0017 U0038 ADDRESS UNASSIGNED DAVID H HINTON DAVID M HINTON 4422 IDS CENTER BO S 8TH ST MPLS ttt 55402 38 10-117-23 13 0020 DAVID H HINTON DAVID H HINTON 4422 IDS CENTER 60 S 8TH ST MPLS ttt 55402 38 10-117-23 14 0003 01780 SHORELINE DR DAVID M HINTON RAVID M HINTON |422 IDS CENTER 0 S 8TH ST T.PLS FM 55402 38 10-117-23 14 0007 01075 MIILSTON RD IRHIN L JACOBS IRHIN L JACOBS 100 SO 5TH ST STE 2500 MPLS rtl 55402 REPORT NO. PI455401 PAGE 2 Siii:•ii 38 10-117-23 12 0003 00950 DRONTT RO S CARY D FRETHEIM ETAL GARY 0 FRETHEIM 930 BROHN ROAD HAYZATA MN 55391 38 10-117-23 13 0007 01080 HERITAGE LA DAVID M HINTON DAVID M MNNON 4422 IDS CENTER 80 S 81M ST NPLS NN 55‘i02 30 10-117-23 13 0018 00038 ADDRESS UNASSIQNED DAVID M HINTON DAVID M HINTON 4422 IDS CENTER 80 S 8TH ST MPLS MN 55402 30 10-117-23 14 0001 01700 SHORELINE DR IRHIN L JACOBS A HIFE IRHIN L JACOBS 1700 SHORELINE DR HAYZATA tVl 55391 36 10-117-23 14 0005 OlOOO HERITAGE LA H GUSTAFSON I L GUSTAFSON HAYNE A LINDA GUSTAFSON 1000 HERITAGE LATE HAYZATA MN 55591 38 10-117-23 14 0008 01050 MILLSTOH rq RODNEY P BURHELL ROONEY P BURHELL 7901 XERXES AVE S SUITE 201 MPLS MN £5431 Q \0 tH 02, I » RUN DATE 09/l<»/90 I . BATCH 002 38 10-117-23 1% 0009 PROP AOOR 01000 HIUSTON RO OMIER NAHE ■ ROONEY P BURNELL TAXPAYER RODNEY P BURNELL NAME/ADOR » 7901 XERXES AVE S SUITE 201 tIPLS m 55931 HErHEPlN COUTTTY PROPERTY IHFORriATIOH SYS1EM PROPERTY 0HF4ERS LIST 38 10-117-23 19 0010 01100 MILLSTON RD ROONEY P BURNELL r*OONEY P BURNELL 7901 XERXES AVE S SUITE 701 HPLS MN 55931 report no. PI935901 PACE 3 38 10-117-73 19 non 01100 MLLLSrOtT RD RODNEY P BURNELL ROONEY P BURNELL 7‘>01 XERXES AVE S MPLS f«l 55951 , 5B 10-117-23 19 0012 PROP ADDR . 0003B ADDRESS UNASSIGNED 0»fCR NAME RODNEY'P BURNELL TAXPAYER RODNEY P BURNELL NAME/ADOR 7901 XERXES AVE S SUITE 201 flPLS MN 5S931 38 10 117-23 19 0015 00038 AOuRESS UMA5SIGNE0 IRHIN L JACOBS ETAL IRNIN L JACOBS 100 S BIM ST STE 2500 MPLS MN 55902 58 10-117-75 91 0001 00058 AODRESS UUAS51GNE0 DAVID M HIM1QN DAVID M HINTON 9‘.22 IDS CENTER RO S BIM ST MPLS TVT 55902 38 10-117-23 91 000' PROP ADDR . 00038 ADDRESS UNASsIGNEO OltCR NAHE FOXHILL ASSN TAXPAYER' . , FOXHILL ASSN 38 10-ll'-23 92 0001 01190 HERITAGE LA OiTEN A PARR t HIFE OMEN A PARR TOTAL BATCH 007 00026 //7' d&::>t u< / ^f\ -1 Vf ’ .f V'u -' “ XJr... \a IU- du. ^ 101 \ s : *■ ' V ' '*♦. ■W *-TTir (2) Mnat I r- ;•♦ o ll lErtSEM HOID^, INC November 7, 1990 City of Orono Planning Commission P.O. Box 66 Crystal Bay, MN 55323 Dear Commission Members: i‘^1 NOV 8 iflgo' On behalf of Irwin Jacobs, I would ask that the comm/^ion consider a variance for the construction of a 2,604 square foot greenhouse on the 2.7 acre Millston subdivision, owned by Mr. Jacobs. Mr. Jacobs wishes to construct this greeniiouse to provide his fulltime gardener with the ability to start annuals in the winter months for spring planting. While the size of the proposed 2,604 square foot greenhouse may seem large, Mr. Jacob ’s 31 acre estate located adjacent to the 2.7 acre parcel, currently has 4,076 square feet of flower bed area throughout the grounds and Mr. Jacobs wishes to e.xpand his flower beds next year by an additional 2,310 square feet, for a total of 6,386 square feet of flower bed area. As you can see, the proposed greenhouse is conservative in size to accommodate the existing flower beds. Should the commission feel it necessary to combine the adjoining 2.7 acre parcel with the 31 acre parcel, Mr. Jacobs would be in agreement w'ith this solution. The use of this greenhouse would be for the sole purpose of providing this estate with plants and flowers for its own use and does not represent any form of commercial venture. Thank you for your consideration. Sincerely, fames N. Jense^n President JNJ:kb CARLSON CENTER • 601 LAKESHORE PARKWAY, SUITE 1225 • MINNETONKA. MN 55343 • 612/475-0548 I TheVail lihe rigid frame Vail fea- Kl lures main siruciural members made of square galvanized high strength steel tubing, the strongest on the market. Safety column caps and gutter saddles are made of high llmngih TENS-ALLOY, and am dcsi|iied to allow for fu> MM aapwision in either direc- tiaa. Trasses are factory welded m dHtr consistency in dimewiions, maximum and ease in erection. Widf span trasses can be manulbctumd In two piece aactions to minimize shipping mm The safely culumn cap anJ gutter ^addie^ are :■ S'HV'jS (raUcmjrk hi .kIc >>i super strong TENS-ALLOY. Tlicy jl^o jHt»w • >r le. ■ e\pjr.>iioi; The Vail is designed to be covered with metal decking, fiberglass, or the newest in polycarbonate and acry lic structural sheets. All necessary aluminum and galvanized steel flashing is in cluded. Partition walls are available to create separate clirr!.uc zones. The optional all aluminum vent systems can be single or double, and can be insi.illcd on the gable ends, sidewalls or roof. Tlic versatility of the Vail makes it ideal for garden ccnicrs. retail outlets, and metal buildings as well as for growing And the V'ail can be designed and built with live load capability engineered to meet your building codes MtCMSTMCMCTM fTMUCTUHAtruM AtUtO 5^1 10983 LEROY DRIVE. NORTHGLENN. COLORADO 80233. 303/457-9109 322 CROSS STREET. DARLINGTON. SOUTH CAROLlNiv 39532, 803/395-1509 . JZT. ^/iC>CP3S r A4/LL£ror^HARDCOVER CALOiU^TIOfl WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250' 250-5C0' 5CQ-100n Existing H ardcover in Zone Total H ardcover in Zone Total Property Area in Zone 7^5 7S5 S.F. BZ3,lOO S.F. -5-[T1 ^3./aa x loc = 3-31_% (S- / A. House X ■4/4 S.F, length width . 1 v»X _7Z S.F. _ X S.F. X _=S.F. X _S.F. B.Garage X _= 0 S.F. c.Driveway X ' 0 • P 1 S.F, X S.F. D.. Bhct^p Sidewalk /X S.F, X =S.F, X S,.-. e .^ATIO/ Deck Z8>33^X /7y = .S.F. F.Landscape • - X S.F. AREAS UNDERLAIN 3Y X -s S.F. PLASTIC SHEETING X =5 S.F, _ X S.F. G. Other - X s S.F. X. TAcoes L z 3! M>u.sraA/ KflRDCO'/ER CALCULATION WORKSHEET Bjf 1>£^ SETBACK ZONE: CciRCLE one ) 0--75' ( 75-■250') 250-500'5CC-10CG' wK.'Si ING H aRDCCVEH IN Zone A. H ouse /2. ^ ’X /^s = ■ 174-, F. . .. LENGTH WIDTH /4-rS X zo.7 = 3<oo c cr ■ .X z= o . p , ^ f* • ■ X ------ S.F, C F X sz 3. Garage X 0 s C f? li/ap c. D riveway X = 3750 c nr Q rcyfcJ €(r X = 5/r c cV D oI DEWALK X c c S . X = Zo o » r . C C X 45"<? CE. JaTIO/ ^)ec:< y _ X /z — Zi = . <94 P F.Landscape X <; PAREAS UNDERLAIN BY • . _X cr Q pPLASTIC SHEETING eipdLTTfp ________X _= 36z s. P. X rs S.F. 1^. Ma//s G. Other S/ L.P x 0.3 = 2£S.F. Total Hardcover in Zone Total Property Area in Zone 44,&)0 S.F. S.F.B B 4480D & - - X 100 - //* SZ % AiWL 3. Garage "BUcthip c. Driveway ______ S'‘fcli apnf\ /Z D.. Sidewalk _ _ _ X _ _ _ _ X __ _ __ X _ _ _ _ _ S3So E. Patio/ Deck F.Landscape AREAS UNDERLAIN g Y plastic' SHEETING nof tc) a/(s/ ^/aci dn\K^ T^. vjufk G. Other 40 4^ . X , X X X X X . X . X . S.F. S.F. S.F. S.F. S.F. S.F. o.t Total Hardcover in Zone Total P roperty A rea in Zone _ S.F. _ S.F. _ S.F. _ S.F. _ S.F. - S.F. _ S.F. ____________. S.F. 34j 4oo S.F. fOB44y B i~] X 100 - % 'Ptrcpou^J ' 33 * 7^ ^ 2T 6 Z S / M HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' fSOO-lQOQ'l Total Hardcover in Zone Total Property Area in Zone /Oj^OO S.F. S.F.B H50 B too X 100 - ^ % ?-Z£- ? Existing Hardcover in Zone A. ■ House X ^ . S.F. LENGTH WIDTH X S.F, -X S.F. X S.F. X MM. W • 1 1 S.F. 6.Garage X =:S.F, c.Driveway X /Z5-(0 S.F. ' X S.F, D..SIdewalx •X S.F. X S.F. •X ss S.F.E.^ATIO/ Deck V 2S .S.F. F.Landscape =S.F.AREAS underlain BY • , .X S.F.PLASTIC SHEETING X S.F, X S.F. G. Other _■ . X •S.F. CERTIFICATE OF SURVEY FOR MR. & MRS. IRWIN JACOBS C/O JENSEN HOMES. INC. IN GOVT. LOTS 1 & 2. SECTION 10-117-23 AND OF LOT 2. BLOCK 1. MILLSTON HENNEPIN COUNTY. MINNESOTA UBiLJMmmM a> qigUTVTm - ** •hlci. la daaarttMd •• follow* *“• •JuthMat eornar of aald U>c 2 in aatd ««h 20 chain, oor. o? ao-callad; thane. Sfy.fgj northarly ahora of Zid “.*?*.—*^*^ coraar In tha north ahora of 10 *«i 11 to aald Townahl iiS*?? o“ 1** aactloo llna batwaan aal :foj:r..°ir:ooth. Mt afuLl —!? ?r *“! “ • la 23d. S faniiln« oC Mtd Lot 2 «fwl *t tho-----a >___ r“** Olataae 236.8 f.at IilLS*r5? “* "Innatonha: thanenahora of ..id Uh. MlnnatorJ« to u2!Lf* aoeordUn to tha aov.ma.nt *ir- ta* 2. Bloeli X. WliSTOW •**"•>' Praparad hr aa or rul ST^ aop.rvl.ion md that I an a duir Ragla- naSla. **'• l*-« <>• St.t. of ilin- ooma » sHnoB. lac. y |l»k •. Orafeara Its. Uo. Ho ^IjtMra. Und Suwaver*. P Un«iato.' aiMOiita ----- Ho. 127IS auvaror*. Plannar* •aaUi Oa«a I I- a 100* •>aO-00.*-*rva Iran Harhar •aarlnoa Irwin L. Jacobs 100 South Filth Street Suite 2500 ML-r.-’roIis. "-J": Teleohone: 612/337-1800 #1 n A Q November 30, 1990 dec Aoi] 4 1890 City Council and Planning Commission Members City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 Dear Council and Planning Commission Members: In response to your concerns regarding my application to construct a greenhouse at 1700 Shoreline Drive, I would offer the following assurances; 1. The structure will not be visible from Shoreline Drive or from the adjacent Burwell residence due to existing evergreen trees. 2. I will agree to combine Lot 2, Block 1, Millston with my home located on Lots 1 and 2, Section 10-117-23. 3. I will agree to file the "Covenant for Oversized Accessory Structure" within the chain of title. I understand that this covenant will apply to all non- residential oversized structures on the property, which includes the greenhouse and two detached garages. It is my understanding that, as approval for future subdivision I will remove the greenhouse. a condition of of this property. Bonestroo Rosene Anderlik & Associates Engineers & Architects November 30, 1990 Oro j fv.ry: ScW't A Of T Aror- * "f Vir^.r , '’t S'C-anj £ V-(r C Cvn Of 0 Cx«. Of *--'<^^1 C Of »crr* '■ Of ioWr V' C ■’ * •itr * j'. ■>:'• Of s<-jr: A f-.nrp' *E r^C''aid C ‘JL'yrfOr Of * Scu'3t.'- Of %ijf« A ‘-irvo'’ Of '<« K f-yj OE Vy.-A*' 0 ?4of—jr— at 9 (>*pfpy>^ Of C’iv'3 O or •f-or^JS A Ontpr.^- Of Vr'-jpi C 0£ ,dr-X5 9 Vdd'X Of o *-Opr\or' 0 9 9r % Of Z A ' "“c'-di e *r>qus. PE -y.-.dpj A ^n»orj PE y fjgpncf ’ PE '.<»>» A Sro P£ pf.'^i J CjrA^ PE MdT'^? PE Mdrk 3 Ajiliv Pf T*X5mji S Andfrwn a Gd'V f (E.ldr'Or Pf • •• Pf A ■ A V - , • - p -P''. G • -JV- PE CpcioO'Vd" Of PrC'P'T 9 Dt:.«xv Of jj-v A ‘.■ooppi Pf '-..V., A f'rtl.r* yPC. ?JWP*%»> MAfldn V 0*«3r COUNCIL f,k£TiNG DEC 10 1990 CITY OF ORONOCity of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Pumphouse No. 3 Our File No. 13950 Dear Mr. Gerhardson: Attached is Pay Request No. 2 for the pumphouse No. 3 project. This Pay Request covers work completed through November 30, 1990. We recommend the City pay for these items at this time. If you have any questions, please call. Yours very truly, BONESTROO, ROSENE, ANDERLIK ASSOCIATES, INC. Daryl Kirschenman DK:lk End. 139A3050/cor 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 REQUEST FOR PAYMENT DATE:November 30. 1990 PLACE:Orono, Minnesota PROJECT:Pumphouse No. 3 PROJECT NO.:FILE NO.:13950 CONTRACTOR:Richmar Construction ADDRESS:7776 Alden Way Fridley. MN 55432 REQUEST FOR PAYMENT NO.i 2 FOR PERIOD: From; Nov. 1, 19S0 To: Nov. 30, 1990 SPECIFIED CONTRACT COMPLETION DATE: SUMMARY: 1. Original Contract Amount Change Order - ADDITION Change Order - DEDUCTION Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5 Z Sub-Total 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.:. 211,34ry.00 211^340.00 28.617.00 20,193.00 48.810.00 2.440.50 46.369.50 22.074.20 24.295.30 Recommended for Approval by: BONESTROO, POSENE, ANDERLIK & ASSOCIATES, INC. By:. OWNER APPROVAL: By_ _ _ _ _ _ By_ _ _ _ _ _ Date:Approved Bv: RICHMAR CONSTRUCTION Contractor By:_ _ _ _ _ _ _ _ _ _ _ _ __ 13950PR PROJECT:Pumphouse No. 3 PLACE: Orono. Minnesota FILE NO. !13950 CONTRACTOR: Riclt- Tonstruction DATE:November 30. 1990 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date BASE BID - PUMPHOUSE NO. 3 Mobilize 6 Bond L.S.$A.000.00 L S 1002 $4,000.00 Site Piping L.S.9.500.00 L S 1002 9,500.00 Drain Manhole & Piping L.S.2,500.00 L S 1002 2,500.00 Site Grading (initial)L.S.2,500.00 L S 502 1,250.00 Site Grading (finish)L.S.1,500.00 L S Driveway L.S.5,500.00 L S Coiicrete & Masonry L.S.33,890.00 L S 302 10,167.00 Door, Window & Hardware L.S.3,200.00 L S Carpentry L.S.2,900.00 L S Roofing & Sheet Metal L.S.6,500.00 L S Roof Hatch L.S.1,400.00 L S Precast Roof Plank L.S.4,100.00 L S Lab Cabinets 6 Sink L.S.3,000.00 L S Painting L.S.4,300.00 L S Hydro-Pneumatic Tanks L.S.19,500.00 L S Air Compressor Ass'y L.S.6,100.00 L S Process Piping L.S.8,500.00 L S Hisc. Plumbing & Air Pip .ng L.S.4,800.00 L S 252 1,200.00 Pump & Motor L.S.18,500.00 : s 13950PR Page 1 PROJECT:. PLACE: Pumphouse No. 3 Orono, Minnesota CONTRACTOR; Richmar Construction PAYMENT NO.:_ _ _ _ _2 FILE NO.:_ _ _ _ _13950 DATE: November 30, 1990 STATEMENT OF WORK Contract Item Unit Unit Est'd Quantity Amount Price Quantity To Date To Date BASE BID, CONT’D. Flow Meter Check Valve Chem. Feed Equipt. Air Cond. & Ventilation Electrical (rough-in) MCC fit Controls Elec. Fixtures k Finish Install A” topsoil, seed, fertilizer k mulch TOTAL BASE BID WORK L.S. L.S. L.S. L.S. L.S. L.S. L.S. 2,100.00 2.600.00 7,000.00 7.250.00 6.500.00 31,200.00 6.800.00 Acre 4,000.00 L S L S L S L S L S L S L S 0.5 $28,617.00 ALTERNATE NO. 1 Substitute preformed wall k roof panels in lieu of wood shakes on the mansard roof as ADD or DEDUCT L S TOTAL ALTERNATE NO. 1 TOTAL BASE BID TOTAL ALTERNATE NO. 1 TOTAL WORK COMPLETED TO DATE $2,900.00 L S $0.00 $28,617.00 0.00 $28,617.00 13950PR Page 2 PROJECT:. PLACE:Pumphouse No. 3Orono, Minnesota CONTRACTOR: Richmar Construction PAYMENT NO.:_ _ _ _ _2FILE NO.:_ _ _ _ _13950DATE: November 30, 1990 STATEMENT OF WORK Contract Item Unit Unit Price STORED MATERIALS 1. Two 6' dia. hydropneumatic tanks & saddles *♦ 2. One 8" pump control valve ** TOTAL STORED MATERIALS ** Previous invoice Est'd Quantity Amount Quantity To Date To Date $17,543.00 2,650.00 $20,193.00 Page 3 13950PR PROJECT PAYMENT STATUS CITY: PROJECT t FILE NO.* CONTRACTOR: Orono, Minnesota Pumphouse No. 3 13950 Richnar Construction ORIGINAL CONTRACT AMOUNT $211,340.00 TOTAI. CHANGE ORDERS $0.00 REVISED CONTRACT AMOUNT $211,340.00 DATE NO. 1 2 3 CHANGE ORDER DESCRIPTION AMOUNT TOTAL CHANGE ORDERS - ADD $0.00 PROJECT PAYMENT SUMMARY: PAYMENT NO. PERIOD FROM PAYMENT THIS VOUCHER Value COMPLETED RETAINAGE 8-1-90 11-1-90 10- 31-90 11- 30-90 $22,074.20 24,295.30 $3,043.00 28,617.00 $1,161.80 2,440.50 TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO. TOTAL STORED MATERIALS TOTAL VALUE COMPLETED $46,369.50 2,440.50 -20,193.00 $28,617.00 13950PR Bones troo Rosene Anderlik & Associates Engineers & Architects November 30, 1990 Cro <j %3Cfr A "E C OE E ®E C 3 wy »E G'''" ® 'tx'« ®E E °E »rt^ G Sc-.-f- S^ijn V EM-if’ C ® A •jT" A Gcrac'^ P£ ‘i c-jr: 'X 'o-.t?' '’E Ocraia C 3ii-7Jrr "S A 3cu.-3cr “E M,!'« a -anscn =£ < Sf<j PE PE pc Csv<3 O LC«r?!i PE -►lomjs X Pete'vy ®£ Vcnj^ C Lyr<c^ PE S Vaiarif) PE P Pc Va-* P Pcf, PE Pcor-T r PuiSM A A '-;,’'-aS C A-q^.^ PC ►“3‘Aa'a A Sj -fcfl ®E Dan«i j Ecigf**C'" =E Va'A A VrO PE p-iO j C.«vMA< PE c'^a* Va»^''A.' ®E Ujfk D asj.i. PE rcyvnas » Anofcvan a i a Ga»v ' Pviarxjff PE V‘ lei 9 PC . P- -: c Gravr* p£ Pf^ C Pvnaa A A A^r-« V Pa-g. ATP ;ec^ D Pptzscr ®E CfC;.'« C:iv«r PE Pooer P Crrcowv PE Gacv X Voccfi PE CAar»»< A E'«:»«i'' Lire \1 Paw^<iky Hjnan M Olion Cj!JMC;L I'.ictl’irIG DEC 10 1990 CITY OF ORONOCity of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Lift Station No. 8 Our File No. 13945 Dear Mr. Gerhardson: Attached is Pay Request No. 2 for the Lift Station No. 8 Renovation. This Pay Request covers work completed through November 30, 1990. We recommend the City pay for these items at this time. If you have any questions please call. Yours v ery truly, BONESTROO, ROSENE, ANDERLLK & ASSOCIATES, INC. Daryl Kirschenman DK:lk End. 13945.COC 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 REQUEST FOR PAYMENT DATE:November 29. 1990 FOR PERIOD; PLACE:Orono, Minnesota From: Oct. 24, 1990To; PROJECT:Lift Station No. 8 Renovation SPECIFIED CONTRACT PROJECT NO.:FILE NO.:13945 COMPLETION DATE; CONTRACTOR:Northwest Mechanical. Inc.October 31. 1990 ADDRESS:432 Mill Street. PO Box 40 Lone Lake. MN 55356 REQUEST FOR PAYMENT^NO. SUMMARY: 1. Original Contract Amount Change Order - ADDITION Change Order - DEDUCTION Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5 I Sub-Total 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.:_2 48.000.00 48.000.00 46.000.00 0.00 46.000.00 2.300.00 43.700.00 9.044.00 34.656.00 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC, Bv, d.J)i.:J.. OWNER APPROVAL: By_ _ _ _ _ _ _ Date:Approved Bv: NORTHWEST MECHANICAL. INC. Contractor By:Approval stated on attached AIA form 13945PR APPLIL h TION and certificate for PAYMEN i aia document C702 P>CE ONE OE 2 PACES TO (Owner);City of Orono 1335 Brown Road Crystal Bay, Minnesota 55323 PROJECT: Lift Station No. 8 Renovation application NO: 2 PERIOD FROM; lQ/24/90 TO:11/28/90 Distribution to □ OWNER □ ARCHITECT □ CONTRACTOR □ ATTENTION:CONTRACT FOR Northwest Mechanical Inc. 432 Mill Street, Box 40 1 nnQ 1 fll'p MfJ ARCHITECT’S PROJECT NO; CONTRACT DATE: 8/23/90 □ CONTRACTOR'S APPLICATION FOR PAYMENT CHANCE ORDi i SUMMARY Change Orders approved in previous months by Owner TOTAL Approved this Month Number Date Approved ADDITIONS TOTALS Net change by Change Orders DUCT IONS Continuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM.....................................................$------- Net change by Change Orders.................................................S- CONTRACT SUM TO DATE........................................................S- 00 48,000.00 The undersigned Contractor certifies that to the best of his knowledge information and belief the Work covered by this Application tor Payment has been completed in accordance with the Contract Docu ments, that all amounts have been paid by him for Work lor which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due TOTAL COMPLETED & STORED TO DATE........................S- (Column G on G703) RETAINAGE-5---------------%...........................................................S- or total in Column I on C703 TOTAL EARNED LESS RETAINAGE .........................................S- lESS PREVIOUS CERTIFICATES FOR PAYMENT...............S- 46,000.00 2,300.00 43,700.00 9*044.00 CURRENT PAYMENT DUE..........................................................S-34,656.00 CONTRAC 'm NORTHV :hanical INC. Date: il/Ifi/90 —P ooT-4t- Ogl and y ■Pres4<Iefh ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-siie obser vations and the data comprising the above application, the Architect certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, iniormation and belief, the quality of the Work is in accordance with the Contract Docu ments; and that the Contractor is entitled to payment oi the AMOUNT CERTIFIED. Stale of. County of: Subscribed and sworn to before me this r^ay of Notary Public: My Commission expires: AMOUNT CERTIFIED ....................................................................S___________ fAttach explanation it amount certified differs from the amount applied for.) ARCHITECT: By:Dale: This Certificate is not negotiable The AMOUNT CERTIFIED is payable only to the Contractor named herein Issuance, payment and acceptance of payment are without pre)udice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT C702 ' ■ ‘'ICATION AND CERTIFICATE FOR PAYMENT • APRIl 1976 EDITION • AIA* • (T 1978 THE AMERICAN tNSTIlUTl OF ARCHITECTS. 1735 NEW YORK AVENUE, N W., WASHINGTON. D C. 20006 G702 —1978 CONTINUATION SHEET ORONO LIFT STATIONAIA DOCUMENT C703 (instructions on reverse side) PACr 2 of 2 AIA Document C702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar Use Column I on Contracts where variable retainage for line items may apply ITEM NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. B DESCRIPTION OF WORK Bond & Insurance Bypass Top slab Demolition Grout Bottom Mi sc. Metals Pumps Piping Painting Site work- grading bituminous trees fence restoration Electrical SCHEDULED WIUE 2.500.00 2,000.00 4.600.00 1,000.00 1,000.00 2,000.00 22,000.00 5.200.00 300.00 4.400.00 3,000.00 E WORK COMPLETED 48,000.00 FROM PREVIOUS APPLICATION (D + E) 2.500.00 4.600.00 2,420.00 9,520.00 THIS PERIOD 2,000.00 1,000.00 1,000.00 2,000.00 22,000.00 5.200.00 300.00 1.980.00 1,000.00 APPLICATION NUMBER application date PERIOD TO ARCHITECT'S PRO)ECT NO n 11/28/90 KtATERIALS PRESENTLY STORED (NOT IN D OR E) 36,480.00 AIA DOCUMim C7P3 • APPLICATION AND CERTIFICATE FOR PAVMtNT • A\AY 19fl) EDITION • AIA» • t 19CJ THf AMERICAN INSTITUTE Of ARCMITICTS, 1735 NEW YORK AVENUE. N W . WASHINGTON. D C 200a TOTAL COMPLETED AND STORED TO DATE |D>E + Fl 2.500.00 2,000.00 4.600.00 1,000.00 1,000.00 2,000.00 22,000.00 5.200.00 300.00 4.400.00 1,000.00 46,000.00 % (C-C) 100 100 100 100 100 100 100 100 100 100 BALANCE TO FINISH (C-C) 2.000.00 2,000.00 RETAIN.ACE C703 1983 "wm.PROJECT PAYMENT STATUS CITY: Orono, Minnesota PROJECT: Lift Station No. 8 Renovation PILE NO.: 139A5 CONTRACTOR: Northwest Mechanical, Inc. ORIGINAL CONTRACT AMOUNT $A8.000.00 TOTAL CHANGE ORDERS $0.00 REVISED CONTRACT AMOUNT $48,000.00 DATE N^ 1 2 3 CHANGE ORDER DESCRIPTION TOTAL CHANGE ORDERS - ADD AMOUNT $0.00 PROJECT PAYMENT SUMMARY: PAYMENT PERIOD NO. FROM TO PAYMENT THIS VOUCHER VALUE COMPLETED RETAINAGE Start 10-24-90 10- 24-90 11- 28-90 9,044.00 34.656.00 9,520.00 46,000.00 476.00 2,300.00 TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO TOTAL VALUE COMPLETED 43,700.00 2.300.00 46,000.00 1394SPR To: Mark E. Bernhardson, City Administrator Froa: John R. Gerhardson, Public Works Director Date: December 4, 1990 Subject: Final Pay Request - 1990 Seal Coat Project 12490.2 council ;'-tTiHG Attached for review and approval is 2nd and final request for the 1990 sealcoating project. The project cost increase is due to adding over 3,600 square yards of streets to be sealcoated as part of the project. The increase in the project is less then 10% of the total project as allowed for in the contract and is within the budgeted amount. Reconunendation ~ To approve the 2nd and final pay request to Allied Blacktop in the amount of $6,731.81 for the 1990 sealcoating project. Proposed Motion - Moved by seconded by _ _, to approve the 2nd and final pay request to Allied Blacktop in the amount of $6,781.81 for the 1990 seal coating project. Ayes _ _, nays To: Mayor Grabek & Orono Council Members: Ftob: Mark E. Bernhardson, City Administrator Forwarded recommending approval. REQUEST FOR PAYMEHT DATE:October 22, 1990 FOR PERIOD: PLACE:Orono, Minnesota From; Sep. 1. 1990 PROJECT:1990 Seal Coat Proiect SPECIFIED CONTRACT PROJECT NO.j FILE NO.:13955 COMPLETION DATE: CONTRACTOR:Allied Blacktop Company August 31, 1990 ADDRESS:105C3 89th Avenue North Maple Grove. MN 55369 REQUEST FOR PAYMENT NO.:2 & FINAL SUMMARY: 1. Original Contract Amount Change Order - ADDITION Change Order - DEDUCTION Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 0 I Sub-Total 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.; 2 & F 37.221.00 37.221.00 42.141.76 0.00 42.141.76 0.00 42.141.76 35.359.95 6.781.81 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. / By:. OWNER APPROVAL: By_ _ _ _ _ _ _ By_ _ _ _ _ _ _ Date:Approved Bv: ALLIED BLACKTOP^OMPANY itrac^or 13955PR PROJECT:. PLACE: 1990 Seal Coat Project Orono, Minnesota CONTRACTOR: Allied Blacktop Company PAYMENT NO.; 2 & FINAL FILE NO.: 13955 DATE:_ _October 22, 1990 STATEMENT OF WORK Contract Item Unit Unit Est'd Quantity Amount Price Quantity To Date To Date Bituminous material for seal coat FA-2 seal coat aggregate, Class C, chip seal in pi. Cal. Ton $0.68 28,:i00 31,220 $21,229.60 12.52 1,A25 1,670.3 20,912.16 TOTAL WORK COMPLETED TO DATE $A2,141.76 PROJECT PAYMENT STATUS CITYi Orono, Minnesota PROJECT: 1990 Seal Coat Project FILE NO.: 13955 CONTRACTOR: Allied Blacktop Company ORIGINAL CONTRACT AMOUNT $37,221.00 TOTAL CHANGE ORDERS $0.00 REVISED CONTRACT AMQ!T>T $37,221.00 DATE N^ 1 2 3 CHANGE ORDER DESCRIPTION AMOUNT TOTAL CHANGE ORDERS - ADD $0.00 PROJECT PAYMENT SUMMARY: PAYMENT NO. PERIOD FROM PAYMENT THIS VOUCHER VAI.UE COMPLETED RETAINAGE Start 9-1-90 8- 31-90 9- 30-90 $35,359.95 6,781.81 $37,221.00 42,141.76 $1,861.05 0.00 TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO, TOTAL VALUE COMPLETED 2 & F $42,141.76 _ _ _ _0.00 $42,141.76 13955PR To: Mayor Grabek & Orono Council Members Prom: Mark E. Bernhardscn, City Administrator' J Date: December 6, 1990 Subject: Well #3 - Change Order Attachment - A - Bonestroo Letter dtd 12/5/90 B - Bonestroo Letter dtd 9/6/90 12490.3 COUNCl fiictTiNG OtClO 1590 CITY OF ORONO Issue - 1. Determination by Council as to the following action; A) What option if any does Cout-'i desire to undertake regarding the small sand problem evident at well star*--up? B) Determine if Council will authorize a change order regarding an allowance for winter-time construction. C) Determine if Council will authorize a change order reduction for the type of electrical service. Introduction - At the Council's September 10th and October 8th meetings, they authorized further development of the well to reduce a potential sand condition at well start-up. This chan- e order was authorized and the additional development done. This development did exhaust the total amount of money authorized with the change order, but the improvement reduced the amount of sand by approximately 99%. Discussion - While there was a substantial reduction in sand, there still is a minor imount at start-up which could cause long-tern- maintenance problems in the system. Proposed were two alternatives to address this and the recommendation is slow start up motor control at the 500 g.p.m. level which will be the initial g.p.m. pump. The estimate of this would be as noted $3, 10.00. Issue #1-B - Because of the delay in development, construction of the physical well house has been delayed until the two time under which they are working under cold weather conditions. In order to authorize for cold weather conditions, it would cost about $4,08000 to do that. Issue #1-C - Electrical service. Given that the NSP was able to make an overhead connection a»' ‘ this does not present a problem and could offset some other Well #3 - Change Order December 4, 1990 Page 2 of 2 Alternatives - 1.Issue tl-A Clear well clarity. A) Leave as is. B) Do further development in the well hole. C) Install altered soft start pump controls: i. 1,000 horse power, 500 g.p.m. control ii. 500 g.p.m. control, 500 g.p.m. well, 1,000 g.p.m. service iii.500 g.p.m. well, 500 g.p.m. service, 500 g p.m, controls.« 2. 3. Issue #i-B Wini-er construction. A) Table. B) Adopt. Issue #3 NSP service. A) Authorize reduction. B) Table for further discussion. Recommendation - it is recommended that the Council authorize; the slow start motor for the 500 g.p.m. well, 500 g.p.m. controls as recommended by the enginer as it is not anticipated that the capa : ‘ty upgrade will be needed in the near term, but that having th , .^C g.p.m. electrical service at this time would be appropriate. Additionally, it is recommended that the winter construction be authorized as it is already started. It is additionally requested that the authorization for NSP be an overhead in exchange for underground which is a cost reduction of about $2,550.00. The net impact of the 3 changes is a $4,890.00 increase. Proposed Motion: Moved by seconded by that the Ccuncil authorize the change order to a slow start pump controls, that the authorize the change order for winter construction, and that they authorize reduction for the service provided by NSP. Ayes _ _f nays _ _. cc: John Gerhardson, Public Works Director Glenn Cook, City Engineer I/'ij Bonestroo Rosene &=S Anderlik & Associates Engineers & Architects December 5, 1990 -“5 S V*»”~ *f *< «9«"- »• .■.^ry C Af«gy» »» V4r.~“ i « •> 9 •"411 r !* Cvy •* j*,*--- • :s9» 9‘ , -4» f *c »cee" :• *f iuUC V tLrt »• C = ^ *1 'V *f Oc-v-o C dw'flj'w »€ »»*y A SI vjf* A 91 I »<ec: »»• VK“,'r ' *t h:9e* • » •" 4 C .xv«c;4 *E ’N»-J5 "A *f C ..-v* 9| 4 »S 4 4- V5-* •os?-* C »u?: •*?-« * •• -SW..''5 * 19 > fffje •.'.••• A va •“'8 > C.'»* xr-K *f V'*r»3 A»,.* • AASewn ' » Oj> * <f.!AAflr »t n Tfi Gty of Orono Box 66 Crystal Bay, MN 53323 Aitn: Mr. John Gerhardson Re: Pumphouse No. 3 Orono, MN File No. 13950 Dear John; This letter is to pro\ide a status repun on the construction of Pumphouse No. 3. The additional development of the well was successful as the desired capacity was achieved. However, the pump will draw some sand each time it starts. The difficult well construction and time for additional development pushed pumphouse construction into cold weather conditions. The contractor has requested compensation for cold weather construction. The well was originally to be completed in June. However, due to nature of the geological transition zone, removal of material to construct the well ca\ity was extremely slow. The well contractor requested additional compensation and waiver of liquidated damages. Only waiver of liquidated damages was allowed and testing of the w-ell was completed late August. Well testing showed that the sandroex formation wus unstable at the desired pumping capacity of 500 gpm. Additional development and testing was undertaken and completed late October. The well pumps sand free at 600 gpm when operated continuously, but pumps d little sand each time it starts. Presently the well is operated from pressure in a hydropneumauc tank and will stan several times a day. After the proposed elevated tank is constructed, the number of stans will be minimized. Two options were investigated to minimize the effect of sand accumulation in the system. 1. Rnlarye the well cavitv; More sandrock could be removed to enlarge the cavity similar to that recently completed. As the pump only pulls sand for a short time when started, spending another S30,000 at this time is probably not justified. The city may desire to increase the well capacity in the future and monies could be budgeted for that purpose. Mr. John Gerhardson City of Orono Page 2 December 5. 2, Rtfvise «;T;^rr^no ec]uipment: The motor starting e^uiprnent (which has not been built) can be changed to a type that starts the pump slowly and gradually brings it up to full speed. This allows the water velocity through the sandrock to increase at gradual rate, minimising surging that may isc causing increased sand content on stamp. This type of starting equipment is more costly than the type which brings the pump to full speed in a matter of seconds. The present motor control system is sized to operate a 1000 gpm pump in the future. The size of the motor control equipment may remain the same or may be reduced to only operar.- a 500 gpm pump. The additional cost to the project for various control 0^are; a.Proude the same size motor starter Add $5,yy2.0(i b.Mabtain the same size electrical scrs'icc and provide a motor starter for a 500 gpm pump.Add S."!,360.no c.Reduce the electrical se.^ice and motor starter for a 500 gpm pump.Add $2,310.00 The best option depends on if and when it may be desired to increase the well capacity, remembering that control options are small in cost compared to well development costs. Based on present worth, option ^a) would be selected if well capacity would be increased within the next C-1 years. If the incrcMse is after 7 years, option (b) is cost effective. Option (c) would be seleaed if there i"- uo desire to increase capacity or the increase would be in 20 years. As additional work on the well is not cos: effective at this time, we recommend that the well be accepted. We recommend that the starting equipment be revised to minimize pumping sand rather than redeveloping the well at this time. We also recommend reducing the starter size (option b) unless the city predicts a larger capacity w^il be required in the next 6-7 years in this area. The delay b the pumping facility construction, u additional well development, has increased the contractor ’s cost due to winter conditions. Start of construction was anticipated on August 1, 1990 and actual construction could not start until November 14, 1990. It is necessary to enclose and heat the masonry work to prevent freezing, and to protect the exterior surfaces of hydropneumatic tank and building over winter months. The contractor has requested the following to cover extra expenses: Mr. John Cerhardscn Ciry of Orono Page 3 WORK Heat and cover for concrete and masonry' Addition labor costs for cold weather work Temporary heat and equipment protection Total Added Cost December 5, 1990 AMOUNT S2.930.00 650.00 5QQ.QQ $4,030.00 We originally discussed delaying the installation of the electric scrnce until spring, due to the $3,000.00 NSP was going to charge for the ripping frost. However, Nonhem States Power'has decided to run the service to the building overhead, rnther than underground from Highway 11 This reduces the power company ’s frost charge to S450.00. With the lesser charge, it is advantageous to install the service as heating of building will allow completion of all interior work by spring of 1991. The city should pay the frost charge and energy charge directly to NSP to avoid any additional costs addod on by the contractor. We will be glad to discuss any of the informatiem coniained herein at your convenience. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. Richard W. Foster RWF:lk l3S»/1W50/cor CRDKH :aTEi aOJZCT; ONTRACTCR: OND CO.: CHANGE ORDER NO.i FILE NO I 13950 December 5, 1990 Orono, Minnesota Pumphouse No. 3 Richmar Construeticn, 7776 .Aides Vay, Fridley, MN 35432 (United Fire i Casualty) Alexander « Alexander, P.O. Box 1360. Mpls., HN 1 55440 Attn: Meridith P. Shlan pgSCRIPTION OF VORRi Thia change provides for use of soft start type starter for the veil p''^? operation and •onpensation for cold weather construction. Change Qrder Ite.n Unit Unit Price Sit’d Quantity Total Amount ?ART 1 levise motor starting equipment from a size 3 utotransformer reduced voltage type to a size 3 lien Bradley soft start for an add of:L.S.3,360.00 $3,360.00 OTAL PART 1 - ADD $3,360.00 ^ART 2 ae to the additional time required to construct the wall the pumping facility will be mttructid under cold weather conditions. It is agreed that the contractor be reimbursed It these changed conditions as follows: .teat and cover for masonry work •.dditlonal labor for cold weather work •emporary heating and equip, protection •OTAL PART 2 - ADD L.S. L.S. L.S. 2,930.00 650.00 500.00 $2,930.00 650.00 500.00 $4,000.00 13930CO )AT£: *UC£: lOJZCTi ICNTZACTOR: OND CO.I CHANGE C?-rSR DrfCtimber 5, 1390 Cror.o, Minnesota rusphouatf No. 3 Richsar Construction, 7776 Alisa Vay, Fridley, 1<N 55432 (United fire 1 Casualty) Alexander & Alexander, J.C. Box 1360, Kpls., MN FILE N'J: U3 50 aiNGS ORCZR NO.I 1 lOTAL PART X OTAL PART 2 55440 Attn: Meridith F. Shian rOTAL THIS CHANGS ORDER NO. 1 - ADD ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGS ORDERS THIS CHANGE ORDER NO. 1 - ADD 2IVISED CONTRACT AMOUNT $3,360.00 4.080.CO $7,440.00 -$211,340.00 0.00 7,440.00 $210,700.00 Reconunerded for Approval by: BONESTRQO, ROSE.NE, ANDERLIK S. associates. INC 7<Zi/ Approved by» RICKMAR CONSTRUCTION By_- - - - - - - - -— Approved byt CITY OF ORONO, MINNESOTA By, , Mayor , Clerk Data: Distribution 1 - City 1 - Bonding Co, 1 - Contractor 1 - BRA 139.0CO m Bonestroo Rosene Anderlik & \j 1 Associates One j »f mx^ •* ■'I -oi«r r t '-/W C Z 'xr < Cxu^ *l •'jf'tt i So*r\ »l *-c«^ ^ 't-rj-fi *l M Lur>^ i. V€-> • MOcr *t •."•c X '£ * iow^w *f V»« • r-t Engineers & Architects t _ JUU M >^r‘v»’ 't • ,,.x- "C 'B -•. ^ .V. Septeober 6. 1990 1 •• City of Orono Box 66 Crystal Bay. MN 55323 C'Ty L'i- ir-.'OriG Attn: Mr. John Cerhardson Re: yell No. 3 Orono. KN File No. 13949 Dear John: current status of the constructionI , . provide a report on the. . .. . . . . . . . . .. ot -eix No. 3.^ Based on u..ta trooi test puapmg the well, it appears that the cavity in the Jordan sandstone has not stabilized and -.he well in its present condition^-wi.l puop sand each tiae it is started at rates as low as 500 gpo. Enclosed is a sketch of the well for discussion purposes. Approximately 350 cu. yds. of sandstone was removed by pressurizing and airlifting. Pressurizing is intended to loosen soft material to allow its removal. Pressurization and boiling cycles are conti.nued until little material is drawn into the cavity. These pressurization cycles were completed on the well prior to installing the test pump. Testing or the well was started at a low race and increased in steps as the sand content at each rate decreased. The pumpage race was then reduced to determine the sand free capacity of the well. It was desired to develop well No. 3 at 1000 gpm and tested at rates up to 1600 gpm. Ger.jraily wells of this type pump sand free at rates of 1200-1400 gpa and are operated at the lower 1000 gpo. However. Ueli No. 3 wnen pumped continuously was not sand free until the rate was dropped to 50U-6U0 gpo. Because the permanent pump will be started and etupped in respunse to pruiiuce in the hydropnuoatic tank, the test pump wee cycled at 500 gpo. This teat showed that the wwli would pump sand at each start, and therefore cause substantial maintenance problem* in the DumDine tauility and dietrlbutlon syatuu. ** k e 233S West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4^»00 - t City of Oroco Attn: John Cerhardson Page 2 Septesoer 6, 1990 .'*'S » m ^*y . ••' A i-l3 •' Vi 1 •; ■ « A"*! - fi ••Jia >'• 5.13 Previous televising showed the well consists of a round drill hole from the bottom of the casing at 312 feet to approxlsately 360-363 feet where the cavity begins. Prior to teat punping the bcttca of the well was approximately 376 feet and after test pumping the well filled to 366 f«et. Because the fine sand is only 3-6 below the bore hole, it is probably being picked up when the veil is pusped. In our opinion the well is not usable as a reliable supply in its present condition. Ve recocmend that further development and bailing be undertaken to enlarge and stabilize the sandstone cavity. It is not unusual that wells in loosely cemented, fine sandstone require additional development during construction or at a future date. Veil No. 3 is in this type of material. Approximately $71,500 has been spent on the project of which $37,000 was for development. It is estimated that additional development costs could run as high as $30,500. A change order tor that amount is enclosed for your consideration. Yours very truly, SONESTAOO, aOSE.NE, Ai.'DERLIK a aSSOCIaTEI*. INC. y's'Zi/ Richard U. Foster RUF:lk . !Itri 12690.1 A To: Mark E. Bernhardscn, City Administrator Pros*: John R. Gerhardson, Public Works Director Date: December 6, 1990 OECIO Subject: Pay Request #3 Highway 12 Sewer & Water _ CITYOhORONOAttached for review and approval is pay request #3 for the Highway 12 sewer and water project restoration. This is the project that was started by Albrecht Construction but not completec due to the company filing bankruptcy. As you will recall, bids were received to complete the project in which Otten Brothers Nursery was the successful bidder. Recommendation - To approve pay request #3 to Otten Brothers Nursery for work complete to date on the Highway 12 sewer and water project for an amount not to exceed $2,517.57. , seconded by , to approve payProposed Motion: Moved by request #3 to Otten Brothers Nursery for work completed to date on the Highway 12 sewer and water project for an amount not to exceed $2,517.57. Ayes _ _, nays _ _. To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. REQUEST FOR PAYMENT DATE:__ PLACE: December 5, 1990 Orono. Minnesota PROJECT; Trunk Highway 12 Cleanup S Restoration PROJECT NO.:_ _ _ _ _ _ _ _ FILE NO.: 13939 FOR PERIOD: From: Nov. 9. .>.>>0 Tc; Nov. 30. 1990 SPECIFIED CONTRACT COMPLETION DATE; CONTRACTOR: Otten Bros. Nursery & Landscaping, lac ADDRESS:_ _ PO Box 249 Long Lake. Minnesota REQUEST FOR PAYMENT NO.:. SUMMARY* 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract . ant 5. Value Completed to Date 6. Material on Hand 7. Amount Earned Less Retainage 5 Z Sub-Total 8. 9. 10. 11. Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: Recommended for Approval by; BONESTROO. ROSENE. ANDERLIK & OWNER APPROVAL; By_ _ _ _ _ _ By_ _ _ _ _ _ Date: 45,814.35 45,814.35 35,327.77 0.00 35,327.77 1.766.39 33,561.38 1,043.81 2.517.57 Approve •: OTTEN BROS. NURSERY & LANDSCAPING Contractor 13939PR PROJECT:, PLACE:Trunk Highvay 12 Cleanup & Restoration Orono, Minnesota _ _ _ _ _ _CONTRACTOR: Otten Bros. Nursery a Landscaping, Inc PAYMENT NO.:riLE NO.:_ _Df.TE: Decei 13939 STATEMENT OF WORK Unit Esfd Quantity Amount Contract Item Unit Price Quantity To Date To Date BASE BID Class 5, lOOZ crashed aggregate base Ton $19.88 200 18.77 $373.15 2341 Bituminous binder course Ton 56.00 200 170.4 9,542.40 2341 Bituminous wear course Ton 60.25 100 88.91 5,356.83 Bituminous material for tack coat Gal. 1.10 50 36.64 40.30 Erosion con'.;rol fence L.F. 1.25 500 Sod with topsoil S.Y. 3.39 2,500 1,575 5,339.25 Seeding with topsoil, mulch & fertil.Acre 2,371.60 5 5.37 12,735.49 Adjust manhole castings Each 145.00 12 4 580.00 Adjust G.V. box castings Each 100.00 8 3 300.00 Flowers and edging (Bill Wears)L.S. 1,060.35 L S 1 1,060.35 TOTAL WORK COMPLETED TO DATE Page 1 13939PR $35,327.77 PROJECT PAYMENT STATUS CITY: Orono, Minnesota PROJECT: Trunk Hij^hway 12 Cleanup & Restoration FILE *10.: 13939 CONTRACTOR: Otten Bros. Nursery & Landscaping, Inc. CONTRACT AMOUNT $45,814.35 TOTAL CHANGE ORDERS $0.00 REVISED CONTRACT JiOUNT $45,814.35 DATE NO, 1 2 3 CHANGE ORDER DESCRIJTION AMOUNT total change ORDERS - ADD $0.00 PROJECT PAYMENT SUMMARY: PAYMENT NO. PER’-OD FROM PAYMENT THIS VOUCHER VALUE COMPLETEl'RETAIN-GE Start 8-23-90 I-.8-90 8-23-90 11-8-90 11-30- 'hi $14,684.80 16.359.01 2.517.57 $15,457.bS 32,677.69 35,327.77 $772.88 *,633.88 1 , ■ t TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO, TOTAL VALUE COMPLETED $. 61.38 1,766.39 $35,327.77 13939PR 1:690.2 TO: FROM: DATE: Mayor and Citv Council Mark E. Bernhardsc-., City Administrate December 6, 1990 SUBJECT: Lake Use and Management COUNCIl M=£TiNG V! DEC 10 1990 CITY OF ORONO Attachment: A. Proposed Resolution of Opposition B. LMCD Memo Dated 11/20/90 ISSUE - Determine level of support by Council for Attachment A. INTRODUCTION - In anticipation of the LMCD orientation meeting of Wednesday, December 12, 1990, seven of the cities met at Wayzata City Hall on December 6th with a representative of LMCD also in atteii'.jnce. In attendance from Orono were Ed Callahan, Gabriel Jabbour and myself. After discussion of concerns and possible a^'enues of action the attached resolution was developed at the meeting to express the concerns of the group together with the possible addition of Victoria. Orono did indicate that it did have concerns with the plan beyond those outlined in the resolution. Is has been requested orono that Wayzata tape the presentation in their Counci'’ Chamb on December 12, 1990. This could allow for future re' n i eeded. As part of thi i>ssion it is anticipated that the group would: a.) Solicite the support of other LMCD members not in attendance . b.) Meet with Legislature and Metro Council representatives on various aspects regarding the plan. c.) Ascertain to see if the plan can be reconsidered. d.) Determine if the indivir'' ai desires to alter its representation. In addition the group would la, review whether it is appropriate to do anything as to the rinancial contributions to LMCD. ALTERNATIVES 1. Adopt as presented. 2. Amend and adopt. 3. Table. 4. Take no action. RECON'MENDATION - Based on tne concensus of the meeting it is recommended that Orono adopt the resolution as presented. , seconded by _, the Council adopts _ _ expres'ing its joint opposition with other cities regardTng the recently adopted Comprehensive Plan. Ayes , Nays PROPOSED MOTION - Mo\ed by Resolution # cc: JoEllen Hurr, Orono LMCD Representative A 31BS0LUTI0N REGARDING LMCD LONG-TERM MANAGEMENT PROGRA>! FOR LAKE MINNETONKA WHEREAS, the Cities of Deephaven Greenwood Minnetonka Orono Spring Park Tonka Bay Victoria Wayzata represent a majority of the Lakeshore, seventy two (72) % of the population, and sixty-six and one-naif (66.5) % of the budget of the LMCD; and WHEREAS, while these cities support the LMCD as originally constituted, the Councils of each of these cities have expressed their opposition to aspects of the comprehensive plan, especially: Shoreland Regulations L Jget Process and Taxation Representa tion WHEREAS, the LMCD chose to adopt the comprehensive plan despite significant opposition: NOW, THEREFORE, BE IT RESOLVED, that these cities through this resolution formally express their opposition. BE IT FURTHER RESOLVED, that these cities will initiate action to prevent implemen ation through any of the following possible steps: 1.Deal with shoreland regulation separately from the LMCD proposal. re quiremen t s 2.Work with Legislators to prevent the implementation of changes that require legislation. 3.Express to the Metropolitan Council opposition to the comprehensive plan. 4.Each city review its LMCD representation and the terms of such representation. mm 5. Look to use financial support as a means to express this opposition, 6. Work vith LMCD Board to have them reconsider those issues to concern to the cities. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 10th day of December, 1990. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk lake MINNE ’Cr^KA CC^J5E='. ATlCrJ DIS > - ■ TO:City Administrate!s ) City Mayors ^ of LMCD ‘lember FROM:Chai.r Dave Ccchrin DATE:November 20, 1990 SUBJj Orientation Meeting Set for 5:00 pm - 7:00 in Preparation pn, Wednesday, 2 NOv 2 1 1990 , . shoreland ordinances in compliance The requirement for " L 1939 is mutually understood, with the MN DNR Shoreland with our 12/11/89 outline This has been noted in our . We believe nearlv regarding Shoreland Management DNR-conducted all Lake Minnetonka area cities we f workshops, as was your LMCD. SHcelana pro.ecc.en U now - Management Plan. Appendix C, btan response to municipal concerns plan. YOU may be ^^^"^“.“/"p^^cess. LMCD added a provision for iran^lys'l's oTm'unTci"pa I comprehensive plans. In order to = Ve^irer s^c” ruUs'ldopTion process. 5:00 pm to 7:00 pm, Wednesday, Decerab. r 12 Wayzata City Council Chambers Mayors unable to attend this meeting are encouraged to designate a council member to be present. Topics to be covered during the meeting -ill include: Shoreland grant program available by the DNR through L..CD Shoreland rules adoption “ cities and LMCD Shoreland agreement between citie^ Comprehensive plan ana shoreland rules adoption process Role of LMCD consultant to the shoreiana rui vpr received their official Some Lake Minnetonka area cities /p^ce in the shoreland rules MN DNR notification of requirement i° rime. They process. These notices are ^ -/qq meeting. Questions in advance should be received '’*'‘’”.''3^ to gd Pick, Shoreland Hydrologist, of this meeting may be directeo DNR, 772-7910. ........"•".s.r “your city? Your cooflnsaclon by ^ri the presentation. ^or::e^1io« - «“ec»d”nd^encouraged throughout the discussion. DHC•ERS:jIm c: Ed Pick, John Stine LMCD Board members /7Mayor Grabek « Orono Council Members 12490.4 To: Prom: Date: December 4, 1990 Subject: Highway 12 Corridor Study Mark E. Bernhardson, City Administrator '' . t I f;f£cTiN6 OECIO 1990 CITY OF ORONO Issue - To present updated information to the Council following the meeting on December 1st at the Orono High School. Introduction - As you may be aware, the meeting was videotaped by the Lake Minnetonka Cable Commission. This will be videocast on Channel 20 at 7:00 p.m., Monday, December 17, 1990. A copy of the tape has been provided to the City for use by those who would desire to view it and return it. Staff will request the paper to place a notice in the Pioneer regarding this videocast. Alternatives - 1. Accept the information. 2. Table for further discussion, cc: Department Heads To: Mayor Grabek & Orono Council Members Prom: Mark E. Bernhardson, City Administratorj Date: December 4, 1990 Subject: West Hennepin Human Services Appointment 12490.7 DEC 10 I99Q CITY OF ORONO Attachment - A - West Hennepin Services Appointment Memo dtd 10/17/90 B “ Guideline for Appointment Selection C - David Isle Letter dtd 11/28/90 Issue - To determine if Council desires to appoint Mr. David Isle to the position. Introduction - Upon the resignation of Mr. Gary Printup from the position, the City advertised for applicants. The City did not receive any applicants by the deadline of November 13, 1990. Prior to the date however, it was indicated by LaDean McWilliams that Mr. David Isle may be interested and that she would contact him. We subsequently followed up, having heard nothing, and Mr. Isle did subsequently apply. Alternatives - 1. Appoint. 2. Interview. 3. Waive limits. 4. Seek additional applicants. Recommendation - To direct staff regarding the appointment of an individual to West Hennepin Human Services. Proposed Motion; Moved by seconded by to direct staff regarding the appointment of an individual to West Hennepin Human Services. Ayes _ _, nays _ _. r 101790./] L TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson,- City Administrate October 17, 1990 SUBJECT: West Hennepin Human Services Resignation Attachment: -A. Gary Printup Leuter Dated 10/11/90 ISSUE - 1. Present to Council the resignation of Gary Printup from the West Hennepin Human Services Board. 2. Determine what, if anything. Council wants to do about filling the vacancy. INTRODUCTION - Council appointed Gary Printup to this Board on June 25, 1990. Because of scheduling conflicts Mr. Printup has not been able to adequately serve on that Board in his opinion and therefore has tendered his resignation. Staff will place a notice in the papers to determine if other persons are interested in this position. PROPOSED MOTION - Moved by _, seconded by _, that Council accept with regret the resignation of Gary Printup from the West Hennepin Human Services Board and directs staff to thank him for his willingness to serve. Ayes __, Na/s __. V.' CITY OF ORONO ADVISORY BOARD SELECTION PROCESS GUIDELINES TO STAFF ADOPTED 7/23/90 f The following represents an outline of a flexible appointments process that the Council has adopted for guidelines to staff and applicants during the selection Cor vacancies of its various Boards. 1. When a vacancy occurs or when a term is to expire advertisements will be placed in the City's legal newspaper together with other appropriate notification of the impending vacancies. Advertisements will not be required for appointments of Chair and Vice Chair. 2. Notices will contain a closing date for accepting applications for purposes of administrative ease. The Council by a majority vote can direct further solicitation of people. 3. Applications should be in the form of a letter expressing interest and a resume of experience, particularly experience that may Le relevant to the position from individuals who are new to the process. Letters of intent will be requested from incumbents. 4. Council may hold interviews at one Council meeting and may extend the interview period if it desires to a subsequent meeting unless a different process is indicated prior to such interviews. Failure or inability to attend an interview will not result in automatic disqualification. 5. Following the interviews Council will then decide what appointments they desire to make to the various vacancies. November 28,1990 xr(2 Orono City Council Orono, MN •r ~h , Dear Mayor and Council Members, would like to volunteer at time. I am currently a Hennepin ^ oimty Family Services Supervisor at the Ridgedale office. We offer in-home f . counseling services to families in the south and west suburban area. I have worked with Hennepin County for approximately 15 years in various social service positions. I have a Master’s in Social Work from the University of Hawaii. Orono shares many hum.m service needs with other communities in the western suburban area. It is my interest as a 10 year Orono resident to serve on behalf of our community. Thank you for considering me for this position. Sincerely,hsMify 3^ David rise 3630 EHeen Street Oron- tK 55359 47'^-2 To: From: Date: Subject: Mayor Grabsk & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Adminis^.^?NCii f.ktT/NG OECIO i930 "yle Oman, Senior Building Inspector December 6, 1990 Hazardous Builds-.g Action, 2140 Prospect AvenuP^"^^ OF ORONO Staff is requesting Council to review the above subject property for hazardous bv’ ' ■> f action. The house has been vacant for many years and len into a state of disrepair. The kitchen ceiling has bee .ng for some time and has caused severe damage to the rafte e^-Jing, walls and floor. The ceiling has caved in. the wa j are leaning and the floor is sagging. The dining room floor has also failed and is down 12' on one end. The accessory buildings are all deteriorated beyond repair. Letters were sent to the owner requiring repairs or removal on January 25, 1990, April 26, 1990 and August 22, 1990. A meeting with Brenda Bergquist was held on May 15, 1990. She stated she inherited the property from her father. She agreed it a hazard and stated that she would have it boarded up ai /ould try to sell it. On September 7. 1990, an l ■’er to secure the buildings was issued, and on Sept" nber 25, 1^*90, the City caused the buildings ^o be secured. These are four options that can be taken: 1. Table proceedings. 2. Adopt resolution as writr n. 3. Adopt resolution with amendments. 4. Deny resolution. Staff recommends adopting the resolution as is and proceeding with hazardous buildinc action. To: Mayor Grabek & Orono City Council Prom: Mark Bernnardson, City Administrate)^" Forwarded recommending approval. Attempts at mailed notice to the owner have not been successful the last several months as she has not picked up her mail and left no forwarding address. If this action is adopted, the legal process will seek to provide adequate no\ Ice. A RESOLUTION FINDING HAZARDOUS BUILDINGS AT 2140 PROSPECT AVENUE, ORONO AND REQUIRING THE SECURING AND REPAIR OR REMOVAL OP THE STRUCTURES WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Godfrey Bergquist, his heirs, interests and assigns, P.O. Box 125, Crystal Bay, MN 55323 is the fee owner of record, of property located at 2140 Prospect Avenue, Orono, Minnesota, and legally described as follows: Property Identification Number; 10-117-23 31 0013 Commencing 420 feet East from a point in the West line of Northeast one-quarter of Southwest one-quarter distance 515.46 feet North from Southwest corner thereof, thence East 93 feet thence North 65 feet thence West 2 feet thence North 57.3 thence West 91 feet thence South to beginning (hereinafter the "Property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described Property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes the Property hazardous to the public health, safety and: welfare based on the following findings: INTERIOR 1. 2. 3. Kitchen; Ceiling, north wall and floor caving in. U.B.C. 104 (d) Dining Room: Floor fallen 12". U.B.C. 2517 (d) 2 Living Room; Water damaged ceiling falling down. U.B.C. 4703 (a) 4.Bedrooms: Water damaged ceilings and walls - plaster falling. U.B.C. 4704 (2) EXTERIOR 1. 2. Chimney; Mortar deteriorated - bricks falling off, U.B.C. 3703 (a) and (b) Kitchen roof; Deteriorated and leaking. U.B.C. 3201 Page 1 of 3 ACCESSORY BUILDINGS 1. One car garage; Lean-to roof and wall caved in. Main roof has 5' X 8' hole. Entire building is leaning. U.B.C. 104 (d) 2. Two car garage; Roof leaking, rafters are rotted, siding is rotted. U.B.C. 104 (d) 3. Outhouse: Remains in volation of Orono Municipal Code Section 12.30, Subdivision 7 (B) 6, Roof leaking, rafters are rotted, siding is rotted. U.B.C. 104 (d) Buildings on the Property are in a state of deterioration and dilapidation, thus are safety and health hazards pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to repair or remove the structures were issued by the City Building Official on January 25, 1990, April 26, 1990 and August 22, 1990. These orders have not been complied with. NOW, THEPBFORE, BE IT RESOLVED as follows; 1. That the City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 or 463.26 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR A) Kitchen: Replace rafters, sheathing and insulation, replace floor joist as needed, replace rotted studs in wall, replace sheetrock. B) Dining room; Replace rotted joist and bearing points. C) Living Room; Remove damaged piaster, replace any rotted framing and replace plaster. D) Bedrooms: Replace damaged plaster. EXTERIOR A) Chimney; Remove or repair. B) Kitchen roof; Replace roofing. C) One car garage; Remove. Page 2 of 3 D) Two car garage: Remove. E) Outhouse: Remove. 2. If the repairs are not completed or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 3. If an answer if filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shal 1 -fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 4. If the Court's Order is not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 5. That the City Council of the City of Orvino hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this oiTder and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this 10th day of December, 1990. APPROVED: ATTEST;James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Page 3 of 3 12690.3 0)Mayor and City CouncilTO: FROM: Mark E. Bernhardson, City Administrate? DATE: December 6, 1990 SUBJECT: 1991 Compensation Adjustments ::ii£TiNG VTtV dec 10 1990 '' ^ CITY OF OROKO Attachment:A. Proposed 1991 Compensation Resolution B. Compensation Plan Step Eligibility 1991 C. Proposed Compensation Schedule for 1991 ISSUE - Consideration for adoption of a compensation schedule fcr general employees for 1991. INTRODUCTION - Annually the Council makes an adjustment to the compensation schedule as part of its pay plan. DISCUSSION - At the Council budget hearing on December 3, 1990 the focus of discussion was on the size of the increase at 13.1% was high for a year of an anticipated recession but that the General Fund budget levy increase at a little over 4% was not excessive. ALTERNATIVES 1. Adopt the proposed resolution. 2. Amend and adopt. 3. Table to December 18, 1990 Budget nearing. RECOMMENDATION - Since the budget guidelines were originally developed in July the estimate for inflation has increased from 4% to being between 5-6% for 90 and possibly 91. As such it is recommended that the Council adopt the resolution which incorporates a 4% general employee increase for 1991. PROPOSED MOTION - Moved by __, seconded by __, that the Council adopt Resolution #__ establishing the compensation schedule for 1991 plus Attachment C as the proposed 1991 Compensation Schedule. Ayes __, Nays __. cc: All Department Heads . 1 *. c U . 4 A RESOLUTION ESTABLISHING SALARIES FOR CITY EMPLOYEES FOR 1991 BE IT RBSOLVBDr by the City Council of the City of Orono, Minnesota that initial salaries and wages for City employees be established as follows, effective January 1, 1991: NAME Mark Bernhardson Dorothy Hallin Melvin Kilbo John Gerhardson Jack Brinkhaus Thomas Kuehn Jeanne Mabusth Michael Gaffron Lyle Oman Ronald Steffenhagen Theresa Naab Linda Vee Sue Bobzine Wayne Quast Steve Hansen Dale Skreen James Gregory Barry Rathbun Randy O'Brien Scott Oberaigner Gregory Palmer Charlotte Knutson Linda Walters Bruce Vang Carol Hansing Jamie Bosma Ricky Karnitz Kevin Walsh Troy Dennison David Nelson Sally Christianson POSITION City Administrator City Clerk Police Chief Public Works Director Public Works Supr. II Treas/Finance Director Zoning Administrator Asst. Zoning Administrator Building Official Golf Course Supervisor Deputy City Clerk/Admin Sec. Secretary/Recorder Police Secretary Public Works Supr. I Street Dept. LEO Street Dept. LEO Public Works Maintenance Public Works Maintenance Public Works Maintenance Public Works Maintenance Public Works Maintenance Depty Treas/Sr. Acct. Clerk Asst. Finance Director Field Inspector Asst. Police Secretary P.T. Copy & File Clerk I P.T. Police Officer, P.T. Community Service Officer P.T, Community Service Officer P.T. Community Service Officer P.T. Clerk, Police P.T. 1990 SALARY $57,755.00 29.981.00 51.074.00 45.781.00 38.072.00 48', 64 3.00 43.588.00 34.798.00 34,798.CO 30.023.00 11.523/Hr 9.795/Hr 11.523/Hr 14.741/Hr 12.54/Hr 12.54/Hr 13.97/Hr 12.303/Hr 12.000/Hr 10.458/Hr 10.458/Hr 11.523/Hr 11.688/Hr 13.693/Hr 9.795/Hr 9.182/Hr 9.285/Hr 6.009/Hr 5.100/Hr 5.100/Hr 6.640/Hr 1991 SALARY (5/1/91 $31, 53, 47, 39, 50, 45, 36, 36, 31, 11. 10. 11. 15. 12. 12. 14. 12. 12. 10. 10. 11. 12. 14. 10. 9. 10. 6. 5. 5. 6. Review) 181.00 117.00 599.00 595.00 588.00 332.00 198.00 198.00 224.00 984/Hr 187/Hr 984/Hr 331/Hr 665/Hr B 665/Hr h 110/Hr A 795/Hr 480/Hr 876/Hr 876/Hr 984/Hr 156/Hr 241/Hr 187/Hr 549/Hr 042/Hr 249/Hr 304/Hr 304/Hr 906/Hr Foot Notes: A.), B.) In addition a lump sum based on hours scheduled and worked will be paid quarterly (March 15, June 15, September 15 and December 15) A.) $.42/Hour, B.) $.38/Hour BE IT FURTHER RESOLVED, that mileage for City use of private cars on City business be reimbursed at $.26 per mile. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December xO, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 12690. 1991 COMPENSATION PLAN STEP ELIGIBILITY Position C mpensation Current Level Step Elibible Step City Administrator Persons Employed/Promoted Since Plan in Effect Bldg. Inspector Asst. Finance Director Clerical Public Works Maint. Public Works Maint. Public VJorks Maint. Patrol Officer/PT 3 3 1 3 1 1 (.85) 1 4 4 2 4 2 2 (90) 1 Review Date 5/1 4/23 4/1 4/23 VI 5/21 10/22 4/6 c CITY OF ORONO COMPENSATION PLAN - EXPECTED PERFORMANCE LEVELS 1991 :================: LEVEL 1 2 3 4 5 6 7 8 9 10 11 12 13 STEP I $8,522 $9,019 $9,598 $10,187 $10,876 $11,814 $12,742 $13,717 $14,793 $16,181 $18,525 $21,761 $25,788 STEP STEP STEP II III IV $9,024 $9,525 $10,026 $9,549 $10,080 $10,610 $10,163 $10,727 $11,292 $10,786 $11,385 $11,984 $11,516 $12,156 $12,795 $12,509 $13,204 $13,899 $13,492 $14,241 $14,991 $14,524 $15,331 $16,137 $15,663 $16,533 $17,403 $17,133 $18,084 $19,036 $19,615 $20,705 $21,794 $23,041 $24.321 $25,601 $27,305 $28,822 $30,339 12690.5CITY OF ORONO COMPENSATION PLAN EXPECTED PERFORMANCE LEVELS PART TIME REGULAR POSITIONS 1991 LEVEL STEP I STEP II STEP III STEP IV Clerical I (L2/SII Max) Police Secy (L4/SI Max) Patrol Officer (L6/SI Max) $8,117 $8,594 $9,072 $9,549 12690./ TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato^\ DATE: December 6, 1990 SUBJECT: Notice of Retirement COUNCIL MctTING DEC 10 1990 CITY OF ORONO Attachment: A. Notice of Retirement - Mel Kilbo 11/30/90 ISSUE - Acceptance of a notice of resignation of Chief Mel Kilbo effective June 30, 1991. INTRODUCTION - As noted in Attachment A, Chief Kilbo has indicated Tie intends to retire at the end of June. While such advance notice is not required, his courtesy of this early notice will allow the City to undertake the selection process in a timely enough manner to possibly select a successor by his retirement date. Chief Kilbo's many years of service to the City of Orono and to police work in the Metropolitan area will be recognized as the date of retirement draws closer. Options for a selection process will be presented to the Council in January. Depending on the nature of the process selected it may take 4-6 months to complete. PROPOSED MOTION - Moved by seconded by_ _the Orono City Coimcil accepts the retirement notice of Chief Melvin Kilbo, as an employee in good standing, effective June 30, 1991 and directs staff to prepare the recognition of his many years of hardwork and dedication to police work as his retirement approaches. Ayes __, Nays __. cc: Mayors of Contract Cities Department Heads »• Interot-fics Msmc DEC 6 1890 Date:November 30, 1990 To:Mark Bernhardson, City Adminiscratar From:Melvin Kilbo, Chief of Pol ice Re:Retirement As certain personal plans and goals are coming to completion, I am advising you I intend to retir-e as Chie-f of the Orono Police Department effective June 30, 1991. On June 30, 1991, I will have 32 years, 9 months of municipal service, which will include 15 years, 6 months as Chief of Police in Orono. As you had requested some time ago, this si;< months notice will allow the selection process for the new Chief to be well on the way to completion. TO: FROM: DATS: riayor and City Council Mark E. Bernhardson, City Administrator December 5, 1990 COUNCil MEETING DEC 10 1990 CITY OF ORONO SUBJECT: Promotion of Lyle Oman to Building Official and Salary Adjustment At the October 23, 1989 meeting of the Council, Lyle Oman was promoted to Senior Building Inspector subject to a 12 month probation. At the end of that 12 month period Mr. Oman was to be reviewed for promotion to Building Official with a salary adjustment. Lyle was also subject to a salary adjustment in May of 1989 at a Level 9, Step 3 at a rate of $15,897 per hour. Lyle's immediate supervisor reports that he has assumed full responsibility for the operation of the Building Department and continues to provide leadership in the daily operation of the department. I would recommend that Mr. Oman's position be upgraded to Building Official and with a salary adjustment at a Level 9, Step 4 at a rate of $16,734 per hour. PROPOSED MOTION - Moved by seconded by to approve an upgrade of position to Building Official for Lyle Oman and a salary adjustment at a Level 9, SLep 4 at a rate of $ 16,734 per hour effective as of October 22, 1990. Ayes _, Nays _. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate^.' VJ Forwarded recommending approval. Personnel File Lyle Oman Tom Kuehn, Finance Director Jeanne A. Mabusth, Building & Zoning Administrator J i:5 90 . i TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: Decembei- 5, 1990 SUBJECT: Promotion of Lyle Oman i.o Building Official and Salary Adjustment At the October 23, 1989 meeting of the Council, Lyle Oman was promoted to Senior Building Inspector subject to a 12 month probation. At the end of that 12 month period Mr. Oman was to be reviewed for promotion to Building Official with a salary adjustment. Lyle was also subject to a salary adjustment in May of ; 989 at a Level 9- Step 3 at a rate of $l'5.897 per hour. Lyre's immediate supervisor reports that he has assumed full responsibility for the operation of the Building Department and continues to provide leadership in the daily operation of the department. I would recommend that Mr. Oman’s position be upgraded to Building Official and with a salary adjustment at a Level 9, Step 4 at a rate of $16,734 per hour. PROPOSED MOTION - Moved by secondr by to approve an upgrade of position to Building Offici. for Lyle Oman and a salary adjustment at a Level 9, Step 4 at a rate of $ 16,734 per hour effective as of October 22, 1990. Ayes _, Nays _. cc: Personnel File Lyle Oman Tom Kuehn, Finance Director Jeanne A. Mabusth, Building & Zoning Administrator :P TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: May 9, 1990 SUBJECT: Salary Adjustment - Lyle Oman !''A At the October 23, 1989 meeting of Council, Lyle Oman was promoted to Senior Building Inspector subject to a 12 month probation. Council al&o directed that his performance in that postion be reviewed within 6 months of the date for salary adjustment. Lyle's immediate supervisor reports that Lyle has assumed full responsibility of the Senior Building Inspector's position and has provided much needed administrative leadership for the building department. Staff would recommend that Mr. Oman's position be at a Level 9, Step 3 at a rate of $15,897 per hour, which is an increase from his present $15,261 per hour, with a continuation of the probationary period through October 6, 1990. At that poinr Mr. Oman will be reviewed for promotion to Building Official and salary adjustment. PROPOSED MOTION - Moved by seconded by to approve a salary adjustment for Lyle Oman at a Level 9, Step 3 at a rate of $15,897 per hour, effective as of October 6, 1990, as Senior Building Inspector subject to probation through to October 9, 1990. Ayes _, Nays _. Personnel File Lyle Oman Thomas -lehn. Finance Director -'W'' ■vDV' •/f m/EL 1 2 3 4 5 6 7 8 9 ID 11 12 13 CITY OF ORONO COMPENSATION PLAN EXPECTED PERFORMANCE LEVELS 1990 SIEP I $8,195 $8,672 $9,229 $9,795 $1D.458 $n.359 $12,252 $13,189 $14,224 $15,558 $17,813 $20,924 $24,796 SIEP n $8,677 $9,182 $9,772 $1D.371 $n.073 $12,028 $12,973 $13,965 $15,060 $16,474 $18,860 $22,155 $26,255 SlEP $9,159 $9.©2 $10,315 $10,947 $U.688 $12,696 $D.694 $14,741 $15,897 $17,389 $19,908 $23,386 $27,713 SEP IV $3,611 $10,202 $13,858 $11,523 $12,303 $13,364 $14,414 $15,517 $16,734 $18,304 $20,956 $24. a7 $29,172 To: From: Date: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrato^^^'^ November 30, 1990 Subject: Patrol Officer - Temporary Appointment ^3113090.2 COiJNCiL f;ictTIN6 DEC 10 i?qo CITY OF ORONO Attachment A - Chief Kilbo Memo dtd 11/30/90 Issue If Council is willing to conse;.t to hiring to employment of a temporary full-time officer prior to the regular Council meeting at the end of the budget meeting. This tc temporarily fill the position of a patrol officer. If so, authorization to make an offer contingent on appropriate testing. Introduction At the Council's last meeting, it was indicated that a patrol officer was being called to active d ty. This is expected to last 180 days according to his orders. His last day was November 28, 1990. Discussion As outlined in Attachment A, the City has a candidate for a temporary position who is a licensed police officer together with exploring other alternatives. The City has a need to fill a 40 hour per week position. It would be difficult to fill from other available hours, such as part-time investigator, as the Department has several manpower commitments coming in the next few months, including the holidays, DARE, narcotics training for the K9 plus an extended vacation of one officer (30 days). In order to best provide the coverage, hiring of a temporary officer would best satisfy it without an increase in cost to the City. Alternatives 1.Agree to have an employment offer made to this person to confirm at 12/10. 2. Direct other avenues to be explored. Recommendation It is recommended that a job offer be made to Timothy Roberts for a minimum of 90 days for possible extension up to 180 days as a temporary full-time officer, subject to physical testing (Psychological testing will be requested from his recent tests at other departments). Proposed Motion - Moved by ___, seconded by ___. to employ Mr. Timothy Roberts as a full time, temporary police officer at level 6 Orono pay plan rate at $11,359 hourly with no benefits, effective December 4, 1990 subject to satisfactory physical examiniation. This temporary position is to run until Officer Dembouski returns to duty. DA'^E: TO: FROM: SUBJECT: iNovemoer 30, 1990 Mark Bernhardson, City Administrator Mel Kilbo, Chief of Police Request to hire police officer-ful1time temporary position The department has an immediate manpower deficit wi'-h the military activation of Officer Jay Dembouski as of December 1, 1990 for a period of at least 180 days- Another factor in manpower is Officer Bruce Anderson’s upcoming vacation to South Africa starting December lu, 1990 through January 14, 1991- The Sheriffs office indicated they cannot furnish us with a deputy at this time. The Police Officers Standards and Training Board has a pool line (job line) which developed three leads of officers eligible to be licensed, which can br used for futura full time positions. Mr Timothy Roberts heard about our opening from his friend at the Brooklyn Park Police Department and came in for an interview on 11-29-90 with Mark Bernhardson, the Lts. and mvself. Mr. Roberts is 43 years old, married, a licensed police officer with First Responder first aid training and has completed 14 weeks of field officer training in ms / months service with the Brooklyn Park Police Department. He is currently number one on Bloomington Police Department s eligibility list which has been "frozen" because of Bloomington's budget problems. He has taken physical and psychological tests for that position. Mr. Roberts is member of the Bloomington Police Reserve, has a B.S. in Business Administration from the U of M, is a certified public accountant and has a license to fly multi engine aircraft. He currently has a job offer fromNorthwest but wants to change careers- The Lts- and myself were favorably impressed with the interview and request that Mr-. Tim Roberts be hired as a full time, temporary police-officer at level 6 °rono pay plan rate at «11.359 hourly with no benefits, effective December 4, 1990 subject to satisfactory physical examination. This temporary position is to run until Officer Dembouski returns to dut/. TO: Mark E. Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: December 1, 1990 SUBJECT: Extension of Unpaid Leave of Absence - Jamie Bosma COiJNCil DEC 10 i990 CITY OF ORONO Attachment:A. Jamie Bosma Memo Dated 12/2/90 B. Temporary Employment - Clerical Staff Dated 10/4/90 As noted in Attachment A Jamie Bosma has requested an extension of her unpaid leave of absence until Wednesday, January 16, 1991. As noted in Attachment B. Laurie Scheffler's temporary employment will terminate on December 2 1 1 990. As a result of the requested extension of leave ti the clerical staff will be short one part-time person from Wednesday, December 26, 1990 until Wednesday, January 16, 1991. Laurie nas stated she would be willing to continue her temporary part-time employment for three days in 1991 (January 9, 10 and 11.) This would give the clerical staff the additional help needed in preparing the agenda for the first 1991 Council meeting, January 14, 1991. Historically this portion of the year has had a lower workload and three work days of 5 1/2 hours each day would be enough for the clerical staff to complete their tasks. It is recommended that Jamie Bosma's unpaid leave of absence be extended to January 16, 1991 and to employ Laurie Scheffler as a temporary clerical employee on January 9, 10 and 11, 1991, for a total of 5 1/2 hours per day at a rate of $9,182 per hour. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat seconded by to extend the F'^rwarded recommending approval PROPOSED MOTION - Moved by _. - - - - - - . -- unpaid leave of absence of Jamie Bosma to Wednesday, January 16, 1991 and to employ Laurie Schleffer as a temporary clerical employee on January 9, 10 and 11, 1991 for a total of 5 1/2 hours per day at a rate of $9,182 per hour. Ayes __, Nays __. cc: Jamie Bosma Personnel File Tom Kuehn, Finance Director Laurie Scheffler <2 7ysf 9T^/_ _________________________ t .. __ _ .__„ 1 -:■■ ... , [ [ ■ - ■ r ■1 _ ^ r j TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATS: October 4, 1990 SUBJECT: Temporary Employment - Clerical Staff Attachment: A. Temporary Employment Memo - Clerical Staff ISSUE - Means to provide clerical assistance during the leave of absence of Jamie Bosma. RECOMMENDATION - Forward recommending approval of temporary i55Toyliient o^ Laurie Scheffler. This would be separate from her work on the minutes. PROPOSED MOTION - Moved by _, seconded by —'___ p#: 1 ra.- Q. 1 fl 2 n&r hour occurs first. Ayes __, Nays __. 12590.4 TO: Mark E. Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: December 5, 1990 SUBJECT: Tax Forfeited Property COUNCil M££TIN6 DEC 10 1990 CITY OF ORONO Attachments:A. Hennepin County Property Tax and Public Records Letter Dated 11/2/90 B. Proposed Resolution Tax Forfeited Land Released for Private Sale to Adjacent Owners C. Proposed Resolution Conveyance of Tax Forfeit Land for Public Use by the City of Orono ISSUE - Adoption of resolutions for Hennepin County ind^r^ting City of Orono's desired action regarding tax fo ' ted properties. INTRODUCTION - ^s noted in Attachment A the City of Orono iii^^t indicate their desired settlement of these tax forteited parcels. RECOMMENDATION - It is recommended that the attached resolutions be adopted as presented. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Admin is trati|i|i^/ ^ Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, to adopt Resolution #_ _ Release Tax Forfeited Land for Private Sale to Adjacent Owners and Resolution #_ _ _ Conveyance of Tax Forfeit Land for Public Use by the City of Orono. Ayes , Nays HENNEPIN COUNTYDEPARUmn of property tax and public records A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 >idve ^fi Request for Approval for Sale of Tax Forfeited Land Parcels: ^ Enclosed is a classification list of non-ccnser/aticn property located in ycur nninicipality. The described parcels forfeited to the State of Minnesota for non-payment of property taxes. The parcels on this list -^re included on NOn-Conservation Classification List 760-NC, a^-proved by the Board of Hennepin County Conanissioners on October 23, 1990, by Resolution No. 90-10-0876. As provided in Minnesota Statutes 282, we request that you: 1. Approve the parcel(s) for public auction, or 2. Approve the parcel(s) for adjacent owner auction if M.S. 232.01, Subd, 7a is applicable. Your resolution trust specify that the parcel of land is not buildable because of either minimum area, shape, frontage or access in order for the property to be restricted for sale to adjacent owners. 3. Request a conveyance to your municipality for public use without monetary consideration. We also require that the form "Application by a Governmental Subdivision foe. Conveyance of Ta.^ Forfeited Land” be completed and returned to our office with a cepv' of the City Council Resolution requesting conveyance, or 4. If acquisition of a parcel by a governmental subdivision is anticipated, then you may also make a written request that certain parcels be -withheld from public auction for one year. Please provide City Council Certification which addresses both types of special assessments listed below: 1. Attached is a computer run showing t-he balance of any unpaid canceled special assessments at the time of forfeiture and that may be reassessed. Please certify that these are the correct amounts. If there is a discrepancy, please contact our office. It would also be helpful when Sfflling the property if you could tell us, at this time, how long any reassessment would run and at what interest rate it would be computed. we apply approximately 90% of the sale price, and any interest we receive on contract payments, towards paying off the special assessments. 2. Any new specials assessed during 1990 for first year payable in 1991. we need both the sale approval and special assessment information included in the City Council Resolution. Although state law deems the sale automatically approved if the City Council fails to reep^ within ninety (90) days of this notice, we ask that you do respond. 1£ you have any questions, please C2dl our office at 348-3734. ?£Sy^^JT10:: NC. 90-10-E7t The foilovins resolution was offered by the Ways ar.c h*.ear.s Co... .:ttec BE IT RESOLVED, that the parcels of tax forfeited land listed on Non-Conservation Classification List 760-NC, on file with the Clerk of the County Board, be approved as non-conservation land, and authorization for public sale of these parcels be granted, pursuant to h.S. 262.01. The question was on the adoption of the resolution, and there were Seven YEAS and No_ _ _^NAYS as follows: CCXJr.TY OF HENNEPIN BOARD OF COUNTY COMNISSia'OlS Jeff Spartz Randy Johnson John Keefe John E. Derus Tad Jude Mark Andrew Sam S. Sivanich, Chairman RESOLUTION ADOPTED. ATTEST: .erk or/the County Board NAY OTHEr. OCT 2 3 1990 KIM KATKi 09/28/90SC IMP HO OQ SFX/ PKOPERTV ADDRESS BLK 0S-117-2S 92 0013 SO ADDRESS UNASSI6I4EO OS-117-2S 92 D019 . 38 ADDRESS UNAS$IGt4ED 07-117-2S 91 0002 38 ADDRESS ItUSSIQiED twiramiMMjmfkxx ooi 007 XmilXXIIIHHOWlMiVKX REPURDiASED • i RES. 90-10-855 17-117-23 93 0085 007 009 ADDRESS UIIASSXGNEO 39-118-23 29 0007 38 ADDRESS UUSSI6I4EO 19-118-23 31 0019 * . 3G ADDRESS UUSS1G»4ED TOTAL fiMKER OF ACCOIMTS BY MUNIC HEIMEPIU couury PliUPEHfY 1MF0I(MAT10(4 SYSTEH LIST OF FOUFEITEO PR0PER1Y REPORT MO; PI921101 PAGE 10 /PREVIOUS QliMER/OESCRlPTION OUOIIU RATE OF oEMtHT DATE OF FORFEIIURE BLOG VALUE riKT VALUE L 0 I A l( BAOER stro»;ghuiu OUTLOT A O^/ZS/OB 07/12/90 100 L 0 I A R BAOLR SIRONGHULO OUTLOT U 09/29/85 08/30/90 100 OSCAR E OLSUM JR UliPLATIEU 07 117 23 THAT PART OF UtiPLATTEO IAUO LYING BET THE SLY LIME OF LOIS 5 9 7 8 AMU 9 OLK 13 OF SAGA HILL REVISED AMU MIY LIME OF HIGHHOOU LAKE MIKA AMU ULI THE E LIME OF SAID LOT 5 AMU MLY IIME OF LOT 9 OLK 13 OF SAGA HILL REVISEU EXTEMOEO 04/10/87 09/13/90 600 KEITH E SII10MS/PEUS0MAL REP “SAGA HILL REVISED, HLMMLPIN CO. MIHM“ HLY 30 FT LOT 1 BLK 7 IMCL AUJ 1/2 OAK PLACE VAC 09/16/87 08/09/90 10,900 23,000 SCOTT E SCHHARZ “lUVARRE HEIGHTS" HEMMtPlM COUNTY MINNESOTA 09/16/87 08/09/90 500 B N BENSON A J L BENSON WAKEFIELD FARMS SECOND AUDI HUM OUTLOT E 09/16/67 00/02/9U 5,000 R H BENSON I J L BENSON HAKE FIELD FAKilS SECOND AUUITION OUTLOT 0 09/16/B7 08/02/90 2,000 RUN DAT! I n/Ot/M HENNiPIH COUNTY PMOPCRTV INFOKHATlOt^ SVSTLH TAX FOPFfITEO PROPERTY S8 OROdO»mmm PARCEL RECORD STATUSPROPERTY ID PROPERTY ADDRESS GNNERS NAME TAXPAYERS NAME FORFEITED AVAILABLE FOR AUCTION FOR SALE DEEDED TO GOVEKtttlENT SUbOIVISlDN MEID FROM AUCI10I4 BY 03-117-ES 4t OOlS . OOOSa ADDRESS UNASSIGNEO STATE lAND DEPT STATE LAND DEPT OS-117-tS 4t D014 OOOSD ADDRESS UNASSIGNEO STATE LAND DEPT STATE LAND DEPT DS-117>tS E4 Om 0003S ADDRESS UNASSIGNED SI Ale LAND DEPT SIAifc LAND DEPT DS-I17-ES SI DD04 DOOM ADDRESS UNASSIGNEO STATE LAND DEPT STATE LAND DEPT 07-117-tS 41 0002 OOOSD ADDRESS UNASSIGNEO STATE LAND DEPT STATE LAND DEPT REPUMF .AJ PIH2Y201 PAGE APPRAISAL DATA REPURCHASEPLNUING NEW C1Y BOARD FOHFEITURt APPROVAL APPRAISAL DATE APPRAISAL VALUE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRAU^- SIZE IMPROVEHENT appraisal date APPRAISAL VALUE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT APPRAISAL DATE APPRAISAL VALLJE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT APPRAISAL DATE APPRAISAL VALUE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT /PPHAISAL DATE APPRAISAL VALUE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT .00 .00 07/12/90 .00 .00 08/30/90 .00 .00 >00 .CO .OJ .00 09/15/90 ■UN DATfI ll/Ot/90 HENNEPIN COUNTY PROPEPTV IlifORMATlON SYSTEM TAX FOREEIUO PROPERTY 58 OROtR3 KMH* PARCEL RECORD STATUS *»»••••••• PMPfllTV ID PMPfDTY AODHCSS OMCRS NAME TAXPAYEDS NAME FORFEITED AVAILABLE FOR AIKTION FOR SALE DEEDED TO COVERttiENT SUiDlVlSlON HELD FROM AUCTlUi BY 17-117-tS tS 0001 OOOSO AOOIIESS UNASSIGNED STATE 'LAND DEPT STATE LAND DEPT NOT POD SALEAMTED FRONT OtLR 17>117-8S 01 OOOS DOOM AOOIIESS IflASSIGNED STATE LAND DEPT STATE LAND DEPT tO-117-kS Ot 0004 OOOM ADDRESS UNASSIGNED STATE LAND DEPT STATE LAND DEPT NOT FOR SALEAJNDER NATER IN LAKE NTRA D‘ !R S4-llD-ti to 0007 OOOM AOOIIESS UNASSIGNED STATE LAND DEPT STATE LAND DEPT S4*llD-tS 11 0014 , OOOM ADDRESS UNASSIGNED STATE LAlto DEPT STATE LAND DEPT HUNIC TOTAL PARCELS M REPORT NO Pm292DIPAGE • APPRAISAL DATA REPURCHASE PL mu MG MEN C1Y BOARD FORmiURE APPROVAL APPRAISAL DATE APPRAISAL VALUE special ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT 05/25/81 &00.00 .00 SWAMF» GOOD LUH 5*«/0n0SQ F appraisal DATE APPRAISAL VAlliE SPECIAL Assms topography ACCESS GRADE SIZE IMPROVLMINT .00 .00 00/09 ‘<0 APPRAISAL DATE APPRAISAL VALUE SPECIAL ASSMTS topography ACCESS GRADE SIZE IMPROVEMENT 05/Z1/89 100.00 .00 ULOER HATER f POOR LOH UrTKNOFRT APPRAISAL DATE APPRAISAL VALUE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT .00 .00 08/0Z/V0 APPRAISAI DATE APPRAISAI VALUE SPECIAL ASSMTS TOPOGRAPHY ACCESS GRADE SIZE IMPROVEMENT .00 .00 06/02/90 APPRAISED VALUE SPECIAL ASSMTS 600.00 .00 / i.n / ..v« ^ ___ JB- JfL . SI lonEt i NE„. _... im-------- ,'<■<•^4.61 «rs OT 5 GOVT LOT 6 ^4 > TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACEN*^ OWNERS WHEREASr the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands wituin the City which have become the property of the State of Minnesota for non payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, °^ outstanding special assessments remaining unpaid to and/or for possible public use by the City as authorized by the Statutes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves ?he classification of each of the following Parcels of land as non-conservation land, and furthermore, approves the pu?lifs2?e of each parcel of land as listed below to adjacent property owners. All parcels remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width, be useable only in combination with other adjoining parcel (s). Release of these lands by the City Council is subject to the condition that all outstanding special assessments shall e oaid in full to the City upon return to pr ivate ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCELS released FOR SALE District 38 P.I.D. 03-117-23 42 0014 - Private driveway outlet to be released for sale to three benefiting property owners - 03-117-23 ^2 0010, 03-117-23 42 0011 and 03-117-23 42 0012 only. District P.I.D. 38 03-117-23 42 00 13 - Release to 03- 117-23 42 0010, 03-117-23 42 0011, 03-117-23 42 0013 or 03-117-23 41 0002 only. 36-118-23 24 0007 - Wetlands within plat to be released to adjacent property owners 36-118-23 42 0003, 36-118-23 13 0003, 36-118-23 24 0003 or 36-118-23 24 0004 only, 38 36-118-23 31 0016 - Unbuildable Outlot to be released for sale to adjacent property owners 36-118-23 24 0003 or 36-118-23 31 0006 only. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 10th day of December, 1990. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk REQUESTING CONVEYANCE OP TAX FORFEIT LANDS FOR PUBLIC USE BY THE CITY OF ORONO WHEREASr the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non payment of real estate taxes; and WHEREAS, the Hennepin County Board of commissioners have classified said lands as non-conservation land and have authorized the sale of each such parcel of land subject to review and release by the City; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessment remaining unpaid to the City, and/or for possible public use by the City as authorized by the statutes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County Board of Commissioners and to the Commissioner of Revenue for conveyance of the following tax forfeited land to the City for public use by the City of Orono. PARCELS RETAINED FOR USE BY THE CITY District 38 38 P.I.D. 07-117-23 41 0002 17-117-23 43 0085 Public Purpose Park Purposes Adjacent to Municipal Parking Lot Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 10th day of December, 1990, by a vote of _ _ ayes and _ _ nays. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk I 1.. r;.® ie-iiH 2i 24 ooo^pt; 36-ilH.. 31 001..: rttir^'r ■;.•“ ■ _:' ■ .--v -. • !-r-' • • N/ ^ -^"i- -^'r *7:.. .^.. ■. i." ‘ ■ I - \ ••^;::i-: { >12490.5To: Mayor Grabek & Orono Council Members Froa: Mark E. Bernhardson, City Administrat Date: December 1990 Subject: Council Member Selection & Process Attachment - A - Memo dtd 11/19/90 Issue - ..wC 10 j UTY OF OROKO To determine if Council desires to authorize and/or amend the draft letter set forth in Attachment A. Introduction - The Council, at its meeting, authorized the ad to be placed in the newspaper but directed that the item nearing the letter be tabled until the December 10th meeting directing that any changes be provided to the City Administrator prior to that meeting. To date, the City has received one application from an interested person. As you will recall, the closing date for applications is December 31, 1990. Alternatives - 1. Adopt the draft as presenred. 2. Amend and adopt. 3. Table for further discussion. Recommendation - Authorize that staff transmit to all applicants. Proposed Motion; Moved by _ _, seconded by _ _, Authorize staff to transmit the letter to all interested applicants. Ayes _ _, nays_ _. r-.- ii Mayor and City Council Mark E. Bernhardson, City Administrators’ Movembar 19, 1990 SUBJECT: Councilmember Selection Process TO: FROM: DATS: :ii?ro.: Attachment: A. Draft Letter to Applicants B. Draft Request for Applicants Notice - Newspaper C. Orono Memo Dated 7/23/90 Regarding A'~ . ^ry Board Selection ISSUE - 1. Receipt of information regarding the application process for Councilmember selection. 2. Concurrence of Council with draft letter applicants in ad/ince of the interview. to be sent to 3. Set date for interview. INTRODUCTION - As a result of Barbara Peterson's election as Mayor# the Council position will be required to be declared vacant following the effective date of the resignation. At the Council's November 13, 1990 meeting they directed staff to undertake the p.^ccss of replacement. DISCUSSION - The City has prepared Attachment B for submission to the newspapers for publication and setting December 31, 1990 as the application date for the position. It is the intent that for all applicants the draft letter will be sent so that they may prepare# in advance, their response to those questions so the Council has a oetter idea as to their interest, background and outlook on significant items coming in front of the Council. At the NoVi 5er 13th meeting the general concensus was that the process should be initiated early but perhaps that interviews be set for the 2nd meeting in January with possible appointment either at that meeting or a subsequent meeting. ALTERNATIVES 1.Acceptance of Information A. Accept C. Table 2.Council Concurrence A. Concur with letter B. Amend and concur C. Table PROPOSED MOTION - Moved by _# seconded by _, that the Orono City Council acknowledge the information regarding the selection process and that the Council concur with the draft letter to be sent to all applicants in advance of the interview setting January 28, 1991 as the date for interviews. Ayes __# Nays __. ; 1 I-i' ■; Ut-t Lt ^ w fl Re: Interview for City Council Member Dear , As an individual who has expressed interest in the vacancy on the City Council created by the election of Barbara Peterson as Mayor, I would like to invite you to the Council's Monday, , 1991 meeting to be interviewed. The interview will consist of any introductory comments you may desire to make regarding yourself and your background in the position together with responses to Lie following questions. 1. 2. 3. What interests you in serving as a member of the Orono City Council? • What attributes do you possess that would be of benefit to the City of Orono as a Counci Iraember ? Attached is a copy of the Council's 1990-91 Goal Setting plus the City Administrator's 1991 Goal Setting. Please respond as to your thinking on the following items: - Highway 12 corridor development - Redevelopment in the Navarre area - Facilities needs - Lake Use and Management - Cooperation with other municipalities - Long terra organizational planning - Council/Planning Commission responsibilities and relationship - Long terra street and transportation planning ' aat areas do you feel are important for the Counc focus on for the rest of 1991 and for 1992. - to Due to the election of Barbara Peterson as Mayor, her Council position which was a 4 year terra starting January 1989 will be up i.or election November 1992. ^ The appointee will fill the vacancy from date of appointment through the end of 1992. The indivuJual appointed can file for election for an open position in November 1992. In addition to the election for this term, another four year Council position and the two year Mayoral terra will be on the November 1992 ballot. Look forward , 1991. to seeing you at about P.M. on Monda Sincerely, i . • ) Mark E. Bernhardson City Administrator -1" mk 1119^ Ll! L-i lT ij '■rniQ^far'^ ORONO COUNCIL VACANCY ANNOUNCED With the election of Barbara Peterson as Mayor, a vacancy will be created on the Orono City Council effective upon her becoming Mayor. This position will be filled by appointment of the Council. All persons interested in applying for this position should submit a letter of intent together with a resume to the Council by December 31, 1990. This appointment term will expire December 31, 1992. Should you have any questions please call Mark Bernhardson at 473-7357. •• CITY OF ORONO ADVISORY BOARD SELECTION PROCESS GUIDELINES TO STAFF ADOPTED 7/23/90 9 N The following represents an outline of a flexible appointnients process that the Council has adopted for guidelines to staff and applicants during the selection for vacancies of its various Boards. 1. When a vacancy occurs or when a term is to expire advertisements will be placed in the City's legal newspaper together with other appropriate notification of the impending vacancies. Advertisements will not be required for .ppointments of Chair and Vice Chair. 2. Notices will contain a closing date for accepting applications for purposes of administrative ease. The Council by a majority vote can direct further solicitation of people. 3. Applications should be in the form of a letter expressing interest and a resume of experience, particularly experience that may be relevant to the oosition from individuals who are new to the process. Letters of intent will be requested from incumbents. 4. Council may hold interviews at one Council meeting and may extend the interview period if it desires to a subsequent meeting unless a different process is indicated prior to such interviews. Failure or inability to attend an interview will not result in automatic disqualification. 5. Following the interviews Council will then decide what appointments they desire to make to the various vacancies. . To: From: Date: Subject: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrate^ 12490.6 December 4, 1990 1991 Fee Ordinance & Summary COUNCil .ViccTiWU DEC 10 1990 CITY OF ORONOAttachment - A - 1991 Fee Ordinance 11/20/90 Issue - 1. Adoption of a fee ordinance for 1991. 2. Adoption of a summary for publication. Introduction - As noted in Attachment A, the City annually adopts its fee ordinance. Alterr”t i’^es - I. . . . . . . . .. . • - ■ 1. ‘iopt the ordinance, amendment and the nummary. 2. Amend and adopt. 3. Table for further discussion. Recommendation - It is recommended that the Council adopt Attachment A as the fees for 1991 together with the summary ordinance contained in Attachment A for publication and the fees for 1991. Proposed Motion; Moved by seconded by that Council adopt the 1991 Fee Ordinance and summary for publication as presented in Attachment A. Ayes _ _, nays _ _. DIRBCTORy PGR 1991 FEE 9CITRDUTF Copy Charges Page Administraticn. . . . . . . . .20 Accident Reports. . . . . . . .23 Building Plan Copies . . . . .20 Copy Microfiche File - PD. . .23 Copy Service - Police Dept . .23 Reprint Oversized Documents on Microfilm. . . . . . . . . . .20 Tape Recording Duplication . .20 Ocmection Charges Sanitary Sewer..............................II Municipal water..............................14 Dooiaents Ocnprehensive Guide. . . . . . .19 Special Assessnent Searcl^es. .20 Municipal Code/Ordinance . . .19 Realtors Listing Info. . . . .20 False Alarm User fee. . . . . . .22 Golf Course Rates. . . . . . . . .25 Inspections Special Inspection Charges . .17 Contractual Inspection Serv. .18 Well Site Inspectiai. . . . .17 Licenses and Niscsellaneous After-the-fact Fees. . . . . . .5 Amusement Devices. . . . . . . .22 Animal Inpound Fees. . . . . . .21 Beer, Wine & Liquor License. .21 Cofimercial Marina License. . .18 Cigarette License. . . . . . . .19 Dog License. . . . . . . . . . . .20 Dance (Public) License ... .22 Ganbling/aaffle License. . . .19 Licenses and Miscellaneous Garbage Haulers License. Home Occupation fa cense. Joint Use Dock License . Kennel License . . . . . Septic Installers License Site Evaluator License . Solicitation License . . Tenp Trailer/Building Lie Maps For Sale. Page .18 .19 .18 .20 .18 .18 .19 .19 Public Works Siqpplies & Services Driveway Culverts. . . . . . . .26 Driveway/Curb Cut Permits. - .26 Permits After-the-fact-Fees. . . . . . .5 Annual Service Charge (Septic)14 Building Permit Fees . . . . . 8 Burning Permit Fee . . . . . . .17 Cert, of Occupancy. . . . . . .8 Demolition Permit Fee. . . . . .8 Docks ConiTiercial....................................8 Residential ....................................8 Fire Protection. . . . . . . . .17 Firearms Permit Fee. . . . . . .1.. Fireworks Permit Fee. . . . .22 Grading, Excavating, Filling .15 Large Assembly Permits ... .22 Mechanical Permit Fees .... 9 Move/Lift Building Permit Fee.16 Municipal Ilooktp (SewerA^ater) 10 On-Site Systems (Septic) . . .14 Outhouse Construction. . . . .14 Parades & Special Events . . .22 Plumbing Permit. . . . . . . . . .8 Permits {Oant.) Page Retaining Walls. . . . . . . . . .8 Sprinkler Systems - Commer . .10 Trapping Permit (limited). . .22 Water Meter Fees. . . . . . . .102 Services Fingerprinting (Police). . . .23 Water Turn-On Charge.................24 Water Turn-Off Charge.................24 Signs Street Signs (Public Works). .26 Tenporary & Permcinent. . . . .15 Tenp. "No Parking" (P.D.). . .23 Temp. "No Parking" (P.W.). . .26 Utility Rate Charges. . . . . . .24 Recycling Charge . . . . . . . . 24 Replacement Bins ............................24 Zoning Afplications After-the-fact Fees ................. 5 Afnerdments /^ppeal of Admin Decision . Commercial Site Plan , . . Conditional Use Permit Fe«?s Industrial Revenue Bond Appl Park Dedication Fees . . . PUD Rezoning ......................... Rezoning Application Fee . Rip Rap Application Fee. . Special Inprovements Appl. Subdivision Application Fee Surcharge for Staff Expense Vacation i^lication Fee . Variance Application Fee . ORDINANCV NO.SECOND SERIES AN ORDINANCE ADOPTING THE 1991 TEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERIES, 70 SECOND SERIES, 73 SECOND SERIES, 74 SECOND SERIES AND 76 SECOND SERIES The City Council of the City of Orono ordains: Section 1. Ordinance Repea led. Ordinance No. 62 Second Series, 65 Second Series, 68 Second Series, 70 Second Series, 73 Second Series, 74 Second Series and 76 Second Series are hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year 1991: SBCTION 1. Fees. ZOHIire APPLICATIONS A11 fees are VpplTcation fees and are non-re fundable after staff work has begun on the application. Application Type VARIANCE (Flexible applications involving more than variance will require an additional $50.00 payment per each variance) RENEWAL VARIANCE (No change from original application) CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc.) Institutional Use (School, Church, etc.) Duplex Credit (per building) Guest House/Gucst Apartment Commercial/Industrial Use Fee $175.00 e Applicable Code Section 10.06, Subd 3(D) $100.00 10*. 06,Subd $125.00 10.09, 10.09, Subd Subd $150.00 10.09,Subd $150.00 10.09,Subd $150.00 $250.00 10.09,Subd ZONING APPLICATIONS (CONT.) Application Type Fee CONDITIONAL USE PERMIT Continued (One Charge per Project) Applicable Code Section 10.09, Subd 3 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore Subdivision Fee plus $30.00 per dwelling unit $ 35.00 per dwelling unit (minimum $150.00) PID Applications PRD Application with Subdivision PRD Application without Subdivision Renewal Conditional Use Permit (no change from original application) Conditional Use Permit with Variance After-the-Fact Fees COMMERCIAL SITE PLAN SUBDIVISION Sketch Plan (Class I, II, & III) Preliminary Review (Class I & II Subdivisions) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) Fii'nq Fees; a) Subdivision only b) Subdivision + Easemen Covenants Renewal Subdivision Application $150.00 per acre (minimum $350.00) 1/2 Current Fee $ 50.00 for each variance Double Application Fee Res. #1306 & #1309 $200.00 + Consultant Fee $150.00 $250.00 11.10, Subd 7(A) 11.10, Subd 10(A)(B) $300.00 +$20/lot 11.10,Subd 10(C) ($360/3 lots; $*380/4 lots) $150.00 +Special Legal/Engineering Charges 11.10,Subd 17(A)(9) $ 75.00 11.10,Subd 17(A)(11) & $150.00 1/2 of current fee ZONING APPLICATIONS (COHT.) Application Type PUBLIC PROPERTY V/vCATION EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING PUD Rezoning - Allowed only within area Comprehensive Plan Amendment No. 2 PUD Rezoning: Residential Commercial/Industrial REQUEST TO AMEND COMPREHENSIVE PLAN Fee Applicable Code Section $ 50.00 per Section 10.11 benefitting property ($250.00 minimum per application) $ 50.00 $175.00 $250.00 Section 10.11 Section 10.11 Section 10.11 adjacent to Highway 12 as defined in Ord 74, 2nd Series Section 10.53 $250.00 + $35.00 per dwelling unit $150.00 per acre (min. $350.00) $250.00 Section 10.11 ZONING APPLICATIONS (CONT.) Application Type Fee Applicable Code Section SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for City Engineer ’s review of applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads Proposed Public Roads Request for City to accept existing private road Proposed Sanitary Sewer Main Extension Proposed Watermain Extension Proposed Storm Sewer System (excluding culverts) On-Site System - Site Evaluation Review (applicable to rural subdivision applications) $600.00 plus 500/lineal foot $900.00 plus 500/lineal foot $900.00 $250.00 plus $5.00 per stub $250.00 plus $5.00 per stub $200.00 $ 50.00 per new lot proposed for on-site ZONING APPLICATIONS (CONT,) Application Type Fee Applicable Code Section RIP-RAP Staff Review (notmal rip-rap) Unusual Rip-Rap; a) New installation b) Repair existing No Charge $100.00 + CUP review Staff permit = $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.06, Subd 3(D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation; $250,000.00 Application Fee;0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below; Professional Time $ 28.00/hour Clerical Time $ 16.75/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost Section 10.11 AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. ZONING APPLICATIONS (CONT.) Whenever any work, use or division of land for which a formal app 1 i ca t ion i s required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after- the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waive* of the right of the City to institute civil or criminal legal actions against the app ‘^-ant for commencing such work, use or division of land without the required pr or approval of the City. After-the-fact Investigation Fee Amount:Equal to and in addition to the basic fee amount (total fee :s twice the basic fee amount) Res. 1306 ZONING APPLICATIONS (CONT.) PARK DEDICATION FEES I Ordinance #82, 2nd Series Amended #89, 2nd Series those instances where a cash contribution is to be made by the sudbivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below; (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8^ of the land being platted, subdivided or existing lot of record. (2) Coromercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted subdivided cl existing lot of record. t’- ^'1' COWSTHOCTIOM PBRftlTS AND IHSPECTIOH FEES PTiit Type BUILDING PERMIT Applicable Code Section (Ord. 216) Mininuii Fee Norael Fee Plan Review Fee: Comnercial Reaidential Building Valuation Standard $ 30.00 (per 1988 UBC/SBC St. :d.^rd Schedule) (per 1988 UBC/BBC Standard Schedule) 65% of Building Permit Fee (per Current I.C.B.O. Building Standards/Building Valuation Data) ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) TREE REMOVAL WITmN 0 -75* nfX!KS - RESIbbifPIAL (Permanent, and lnitia.1 Seasonal) DOCKS - COMMERCIAL DEMOLITION PERMIT Principal Structure Accessory ft jcture $ 5U.C0 RETAINING WALLS (in excess of 42" also multiple tiered walls tha*- exceed 42" and not located in lakeshore protected ares) $ 30. '^0 mi n imum (per 18 UBC St- ndard Schedule) $ ■'0.00 3 30.00 Ord. 10.22 Sub 3 Per 1988 Ufe -3C Standard Schedule (Ord. 216) nitial inspection '^0 tor each requested ■nspection beyond • '‘itial insru^ction V 10.00 Initial insp^tction COWSTKOCTIOW PERMITS AND INSPECTION FEES (COWT.) Petfedt type PLUMBING PERMIT Fee Applicable Code Section Mail-in postage & handling charge $ 30.00 minimum per project $ 5.00/tixture $ 3. Oj i xture reset $ 1.50 M^-THANICAL PFRMIT Miniaun Fee for any Mechanical Permit Nail-in postage & handling charge 30.00 per project 1.50 Ryidential, single Family & Duplex by Ur. /1 -furnace or boiler with flue -tfood stove with flue -wood combination or add-on unit -fireplace with flue -central air cor^'tioning -exhaust (h , kitchen# attic, etc.) -solar hea .g equipment -solar aeaters -repairs .replacement of the above -fire spL .ai.ler systems -fuel storage -gas line inspection high/low pressure -lawn sprinkler system Type $ $ $ $ $ $ $ $ 15 same 15.00 15.00 15.00 15.00 15.00 15.00 15.00 00 30 30 15 JO as ,00 , 00 ,00 .00 each unit each unit each unit each unit each unit per project each system each unit above per project permanent or temporary each system COWSTmiCTJOW PERMITS AND INSPECTION FEES (CONT.) PerBit Type Fee Applicable Code Section Co—erclalt Industrial and Multi-Family Residential by Unit Type -residential type equipment -furnace, boilers, unit heaters, and makeup air units -central air conditioning -exhaust fans -refrigeration -fixed equipment with steam, hydraulic or compressed air system -kitchen exhaust vents -fuel storage -fire alarm system -lawn sprinkler system SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems $15.00 per un it $15.00 per 50,000 btuh output $15.00 per ton AC $15.00 per project $15.00 per compressor $15.00 per 8 connections $15.00 $15.00 permanent or temporary $30.00 per syste.'^ $30.00 per system $2.00 per head/first 50 heads -.30 per head after initial 50 Plan Review 1/2 permit fee Surcharge based on valuation -kitchen fire extinquishing system $ 30.OU per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer Hater 5/B* meter including sales tax 3/4” meter including sales tax 1* meter including sales tax larger meter $ 30.00 $ 30.00 $125.00 $163.00 $218.00 quote basis Mail-in postage & handling charge (sewer and water permits only) $ 1.50 ALL SAWITARY SBWRR CONNECTTON CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project Office Use Only ♦Credit to Fund 1963 ST-IA, LS--1A or STl-B, LSl-B 1964 LS-IA or LS-lB $225.00 + $427.80 per acre + 31.11 per F.F. $225.00 + $31.70 per F.F. 1965 LS-1 1965 LS-IA 1967 LS-1 $225.00 $225.00 $203.55 1969 LS-1 Shore Hills 1969 LS-2 Chevy Chase 1970 LS-1 Saga Hill $225.00 $7,224.57 $225.00 1971 LS-1 Dunwoody 1973-1 $225.00 $6,823.47 f $46.67 per F.F. + $34.07 per F.F. per unit + $20.33 per F.F. + $10,083.89 per unit per unit + $3,863.71 per unit + 23.74 per F.F. + $3,519.09 per unit + 21.62 per F.F. 1980-1 Minnetonka Bluffs West Ferndale/County Read 15 Orono Lane County Road 15 Marinas 1980- 2 North Shore Drive/Scotch Pine Lane 1981- 1 North Shore Drive/IIighwood 1982- lA Navarre utilities $8,720.63 $25,490.26 $16,329.70 $6,798.19 $24,035.08 $10,431.16 $2,222.64 21 per unit + $32.35 per unit per unit unit unit unit unit unit per F.F. per per per per per 1982-lB Navarre utilities Northern Avenue $225.00 + $912.20 trunk area + $2,400.51 per acre 225.00=1 + 180.04 trunk unit acre/unit=3 per unit 4 per unit 2 1985-1 Crystal Bay 1983-1 Highway 12 Orvjno-Long Lake-Medina $10,543.62 $990.20 Sanitary Sewer Connection Charges ♦Credit to Fund 1) 073-3753-000-00 2) 043-3753-000-00 3) 4) 044- 3753-000-00 045- 3753-000-00 5) 6) 024-3753-000-00 046-3753-000-00 ALL SAWITARY SBWBR COWWBCTIOW CHARGBS (If not previously assessed or if an inprovement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station §7 upgrade, as follows (see map for affected areas): 1. Bxisting Properties/Increase 2. New Bldgs Replacing Existing Bldgs Initital Charge Previously Paid Previously Paid #6 By Pass Previously Paid Previously Pa id 17 Forcemain $402.09 If usage increases from existing $402.09 Office Use Only *Credit to Fund 3. New Residential W/Existing Stub Previously Previously Paid Paid 4. New Residential Without Stub $225.00(1) $180.04(3) 5. Freshwater Biological 1) 073-3753-000-00 2) 043-3753-000-00 $225.00(1) $180.04(3) $1,164.24 $1,164.24(5) $500/unit on(5) connection (already assessed $2,000/ac) 3) 044-3753-000-00 5) 4) 045-3753-000-00 6) 024-3753-000-00 046-3753-000-00 1, 3 & 5 1, 3 & 5 H ALL SAWITARY SEWBR COWHBCTIOW CHARGES (If not previously assessed or if an iaprovenent project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project Office Use Only II. An additional fee is chagred for properties benefitting from the 1989 gravity line and lift station 110 by-pass per Resolution #2671, as follows (see map for affected areas): Initital #10 Office Use Only Charge By Pass *Credit to Fund Property Without Stub $225.00(1) $2,025.11(6)1 & 6 The connection charge for properties wishing to connect to the sewer 'lut which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. Sanitary Sewer Connection Charges ♦Credit to Fund 1) 073-3753-000-00 2) 043-3753-000-00 3) 044-3753-000-00 4) 045-3753-000-00 5) 024-3753-000-00 6) 046-3753-000-00 ALf. NUHICIPAL WATER COWWECTIOW CHARGES If not previously assessed or if an Improvement project Is not deemed to be required in the sole City. If an improvement is required, the connection charge may be in addition to a y assessment) By District - Project 1967 LW-1 Highway 12/Crystal Bay Road $3,563.20 1969 LW-2 Chevy Chase $3,531.18 1970 LW-1 Navarre Residential $1,764.53 1970 LW-1 Navarre Comroerical $2,646.79 1982-lA Navarro $1,880.21 ON-SITE SYSTEMS Design Review Fees Subdivision Site Evaluation Report Review Residential System Permit: Replace drainfield or replace 1/more tank Replace drainfield & replace 1/more tank Hew Residential System per unit + $26.42 per unit per unit + $17.54 per unit + $26.47 per unit per F.F. per F.F. per F.F. Office Use Only *Credit to Fund Non-Residential System Permit: New or Total replacement Partial replacement Anne.: ervice Charge (Ord. 210) Included with permit fees $ 50.00/per nrw lot $ 30.00 $ 50.‘10 $ 75.00 + $15.00 per each inspection over 3 (Includes outhouse on Big Island) $100.00 + $20.00 per each inspection.over 4 $ 60.00 + $20.00 per each inspection over 2 $ 25.00/system/year plus An additional full fee for late penalty plus 8% interest for unpaid charges certified Section 12.30, Subd 8(C) Water Connection Charges ♦Credit to Fund 1) 077^753-000-00 2)044-3753-000-00 14 ■m % COWTRDCTIOH PERMITS AWD INSPECTION FEES (CONT>) Petalt Type Fee Applicable Code Section GRADING, EXCAVATION, FILLING - 1-100 cubic yards (max. 10 loads) - 101 + cubic yards $ 50.00 {staff permit) (+engineering fee if necessary) $ 75.00 + Conditional Use Permit + $25.00 per each inspection over 1st NOTES 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary Permanent $ 30.00 {Per 1988 UBC/SBC Standard Schedule) COHSTRDCTION PERMITS AND IWSPECTIOH FEES (COWT>) Permit Type Applicable Code Section BUILDING MOVING OR LIFTING Fees for this activity are_ _ _ _ Fees and any necessary surcharges (Ord. 227) in addition to required building or demolition_ _ _ permits. building code_ _ _ _ _^ _ _ _ _ _are required to pay costs of inspections* public works inspections of streets and reasonable police escort service on oversize movements.$ 30.00 long) $150.00 -Lifting accessory buildings (no move across lot lines) -Lifting principal buildings (no move across lot lines) (include pre-lift inspection fee) -Moving accessory building within normal highway clearance (max. 8* wide/max. 13'-6" high/max. 45* -Moving principal buildings over any lot line, onto or off any lot within Oron^ includes any move on or over any City street even if not originating or term inating in Orono (includs all over size loads exceeding 12* wide and/or 15* high). -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) $ 75.00 + engineering fee if necessary No moving permit required lb COHSTROCTION PERMITS AND INSPECTION FEES <CONT.) Permit Type SPECIAL 1 'SPECTION CHARGES Site Inspection without permit (when called by owner) Inspection surcharge for work or appli' ation on Big Island or Peering Island Reinspection fee after failure to comply with Building or Zoning Code Correction Notice - 3rd trip Well Site Inspection FIRE PROTECTION Fire Prevention Inspection Fire Code Permits Commercial Fire Alarm Plan Review Fee BURNING PERMITS Up to 5 times per year For Each Re inspect ion More than 5 times per year (for all organizations and individuals regardless of tax status) Applicable Code Section $ 30.on $ 30.00 per trip + boat rental transportation is not provided by owner $ 30.00 per trip + 30.00 per hour after 1st hour $ 30.JO (If required or requested) (Ord. 223) No Charge $ 30.00 each Per UBC Schedule 65% of permit fee No Charge $20.00 $100.00 17 COWSTRDCriOH PERMITS AND INSPECTION FEES (CONT.) Permit Type CONTRACTUAL INSPECTION SERVICE Monthly Retu.ner Fee (Includes cleric time) Inspection Charge Plan Review Charge Clerical Fee (Orly charged if cleiical use is excessive) LICEWSBS a mSCELLANBODS CHARGES Zoning Departroeu Administered COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & inspection Fee (annual) plus: -each slip on water -each dry slip inside or in racks -each boat unit on land -late fee IT USE DOCK LICENSE ^.plication Fee (initial) .renewal Application Fee Plus each slip Late Fee SEPTIC INSTALLERS LICENSE - Annual SITE EVALUATOR LICENSE - Annual GARBAGE HAULER LICE^NSE - flat rate - per hauler - transfer fee Fee Applicable Code Section Per Contract $ 2*:.00 per month $ 15.00 per inspection SBC/UBC Schedule $ 15.00 per hour $300.00 + slip & boat fees $200.00 + slip & boat fees $ 2.00 $ 2.00 $ 1.00 $150.00 $ 50.00 $ ''0 $ $ jO $ 50.00 $100.00 $ 30.00 $ 15.00/truck $ 30.00 LICEW8BS t MISCELLANEODS CHARGES (CONT.) Permit Type HOME OCCUPATION LICENSE TEMPORARY TRAILERS & BUILDINGS LICENSE Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) Municipal Code Book - Complete (Ch. 1-12 w/tevisions) Munlc^^‘^'1 Code Book - Portions h 1 thru 9 (Cook 1) w/revisions Jh 10 thru 12 (Book 2) w/revisions Ch 10 only (Zoning Code) w/revisions Ch^11 only (Subdiv. Code) w/revisions Ot'^^r Individual Chapters Black Binder On-Site Design Manual City Maps Building Ct Planning Publicat ‘ >i. 5 Fee Applicable Code Section $ 50.00 Initial Review Fee $ 30.00 (Annual Review Fee) $ 30.00 S 30.00 60,00 w/black binder $ 50.00 loose $ 35.00 loose $ 35.00 . i3e $ 25.loose $ 15.00 loose $ .25 /page > 5.00 $ 5.00 $ 2.00 each As Posted - Prices £\-bject to change General Administrative Licenses dlgarc^tte i^ales License - per quarter Gambling & Raffle License Solicitation License ^ _ __ Up to 10 Solicitors - ^l.OU each additional solicitor in O’-onc Solicitor must list only thos^ will be in Orono $ 5.00 $ 10.00 $ 20.00 5.24 5,2'. 5.30 19 LICENSES & MISCELLAWEIOUS CHARGES (CONT.) Permit Type General Administrative Documents Listing Information Assessment Search - Written Verbal Search - Current and/or pending Copy Service (for public City records only) 11" X 17" copies Individual copies of Ordinances (1 copy) Reprint of Oversized Documents that have been microfilmed Building Plan Copies and/or Tape Recording Duplication Dogs & Kennels DOG LICENSES Biannual License (issued in odd years) Annual License (issued in even years only) KENNEL LICENSES Commercial Application & Inspection Fee (Annual) Residential Application & Inspection Fee (Annual) NOTE: Dogs kept in residential kennels must Residential kennel fee is in addition Fee Applicable Code Section $ 10.00 $ 10.00/parcel Not Given Out $ .25 each $ 1.00 each No Charge $ 25.00 Minimum Charge Cost of Copying, Messenger Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) $ 15.00 $ 7.50 9.12 5.36 $150.00 $ 2:.00 be individually licensed, to dog license fees. LICBHSES & MISCELLANEOUS CHARGES (CONT.) Permit Type DOGS AT LARGE - RELEASE FEE Fee Applicable Code Section 9.12 First Offense $ 20.00 Second Offense $ 30.00 Third Offense $ 40.00 (All feeSf plus kennel charge, payable to kennel) ANIMALS AT LARGE (Other than dogs) First Offense Second Offense Third Offense Trace & Catch Animal Trailer Charge CARE OF IMPOUNDED ANIMAL Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale In state investigation Out state investigation-actual cost Initial Investigation-Beer/Wine Off-Sale Liquor License Bond Requirement On-Sale Liquor License On-Sale Wine License 3.2 Beer Off-Sale (Annual) 3.2 Beer On-Sale (Annu..!) Setups (Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (one day) Temporary Beer Permit (one day) 9.13 $ 20.00 $ 35.00 $ 50.00 $ 20.C0/hour $ 20.CO plus .25 mile (total distance) Actual Cost Liquor$500.00 per License Collected at Application Actual cost up to $10,000 $150.00/person R.es. 13 06 $150.00 4.30 $5,000.00 $4,000.00 4.30 $750.00 4.40 $ 25.00 4.20 $ 75.00 4.20 $100.00 4.60 $100.00 4.50 $200.00 4.50 $ 25.00/each 4.61 $ 15.00/each 4.21 21 LICKWSES AND MISCELLANEOUS CHARGES (CONT.) Application Type Police Department Administered AMUSEMENT DEVICE LICENSES Per Establishment (Annual) Per Machine Fee PUBLIC DANCE LICENSE (Annual) (Individual Permit) LARGE ASSEMBLY PERMIT FIREWORKS PERMIT FIREARMS DISCHARGE PERMIT OCCASIONAL (limited use) Annual (Club Only) LIMITED TRAPPING PERMIT PERMIT FOR PARADES & SPECIAL EVEtlTS FALSE ALARM USER FEES First 3 false alarms/calendar year (1-3 total) Next 7 false alarms/calendar year (4-10 total) Next 5 false alarms/calendar year (11-15 total) Each additional false alarm over 15/ calendar year Fee Applicable Code Section 5.20 $100.00 plus machine fee $ 25.00 each $100.00 $ 10.00 $ 50.00 $ 50.00 $ 10.00 $ 25.00 $ 20.00 $ 50.00 5.21 5.21 5.25 9.10 9.10 9.11 Ord. 232 Ord. 243 6.08 No Charge $ 50.00 each cal] $100.00 each call $150.00 each call 22 LICBWSBS AND MISCELLANEOUS CHARGES (CONT.) Application Type Police Department Administered FINGERPRINTING SERVICE COPY SERVICE - Police Records First Two Copies Additional Copies COPY OF ACCIDENT REPORTS COPY OF DRIVER'S LICENSE RECORD COPY PROM MICROFICHE FILE First Two Copies Additional Copies "NO PARKING ORDER OF POLICE" PAPER SIGNS (no lathe included) Applicable Code Section $ 10.00/application (Citizenship No Charge) 3. 00 0.50 each 3.00 each 3.00 each 5.00 .25 each 0.25 each PDBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEWER RATE by unit: 1st 2nd by flow: $ 51.15 per quarter $ 48.:'5 per quarter $ 2.90 per quarter per $1.90/1000 gallons MUNICIPAL WATER RATES Area #1 Navarre Area #2 * Long Lake Billing & Ready to Serve Chg $12.80/qtr Water Usage Rate Unconnected Property Chg (ready to serve/hydrant chg) $6.70/qtr $ 1.17/1000 gal $2.75/1000 gal $12.80/qtr “0- Area #3 Wayzata $5.35/qtr $1.40/1000 gal -0- Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certified. Water Turn-On Water Turn-Off $17.50 $17.50 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE Recycling Container - Initial Replacement (including sales tax) ♦Effective second quarter of 1988 $12.00/year No Charge $ 6.50 each PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) GOLF CCjRSE charges - Effective date 1991 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes After 12 Noon and Weekend Rates 1st Mine Holes 2nd Nine Holes League Rates Monday thru Friday Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays 1st Nine Holes 2nd Nine Holes Season Ticket (Senior Citizens Only) GOLF CART RENTAL Motorized 1st Nine Holes (After 12:00 & Weekends) 2nd Nine Holes Monday thru Friday (Excluding Holidays) 1st Nine Holes Begin Play Before 12:00 Noon Pull Carts - Per Round Golf Clubs - Per Round Concessions Fee $ 6.50 $4.50 $ 7.00 $4.50 $ 6.50 $ 4.50 $4.50 $100.00 $10.00 $ 8.00 $• 6.00 $6.00 $ 1.00 $ 2.00 As Posted PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & SERVICES Street or Traffic Signs (sale includes installation) Driveway Culverts (sale only, not installed) Water Meter Sales (See Building Permit Section) $ 75.00/std. sign On Quote Basis Temporary No Parking Signs (with lathe)$ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1991 fee schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 1, 1991. ^ Adopted by the City Council of the City of Orono on this 1990. day of ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor m ORDINANCE NUMBER , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number , Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. OFFICIAL SUMMARY OF ORDINANCE NUMBER , SECOND SERIES ORDINANCE HO.w—_ , SECOND SERIES AN ORDIANCNE ADOPTING THE 1991 FEB SCHEDULE AH ORDINANCE REPEALING ORDINAHCE NO- 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERIES, 70 SECOND SERIES, 73 SECOND SERIES, 74 SECOND SERIES AND 76 SECOND SERIES. The following is the official summary of Ordinance , Second Series approved by the City Council of theNumber _ _ _ City of Orono on __ _ _ _ _ _ _ _ _ _ _ _• The following sections have changes, additions and/or deletions: ZONING APPLICATIONS 1990 1991 SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time $ Clerical Time $ 16.50/hour $ 28.00/hour $ 16.70/hour BUILDING PERMIT Minimum Fee $ 30.00 All reference to the 1985 UBC/SBC Standard Schedule 1988 UBC/SBC Stnadrar Schedule MECHANICAL PERMIT Residential, Single Family & Duplex by Unit Type -fire sprinkler systems $ 15.00 per project AT.T. CONNECTION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJECT ALL SANITARY SEWER CONNECTION CHARGES Various (If not previously assessed) ALL MUNICIPAL WATER CONNECTION CHARGES Various (If not previous!'' assessed) Deleted is now: $ 30 per project ON-SITE SYSTEMS Subdivision Site Evaluation Report Review Annual Service Charge $ 30.00/per new lot Various reflecting cost of investment Various reflecting cost of investment $ 50.00/per new lot $ 20.00/system $25.00/system/year plus /year plus An additional full fee for late penalty plus 8% interest for unpaid charges certified. CONSTRUCTION PERMITS AND INSPECTION FEES 1990 WELL PERMITS ^ -Installation of New/Replacement well $ 30.00 (covers abandonment of old well) -Well Abandonment (not concurrent with $ 30.00 installation of new/replacement well) BUILDING MOVING OR LIFTING -Moving accessory building over any lot line, onto or off any lot within Orono (includes oversize loads up to 12* wide and/or 15* high). $100.00 SPECIAL INSPECTION CHARGES Well Site Inspection (If Required or Requested) $ 30.00 LICENSES AND MISCELLANEIOUS CHARGES FIREWORKS PERMIT LIMITED TRAPPING PERMIT PERMIT FOR PARADES & SPECIAL EVENTS Police Department Administered $ 30.00 $ 10.00 $ 25.00 COPY FROM MICROFICHE FILE First Two Copies Additional Copies 5.00 .25 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates Water Turn-On Water Turn-Off $ 15.00 $ 15.00 1991 Deleted Deleted Deleted New $ 50.00 $ 20.00 $ 50.00 No Change $ .50 $ 17.50 $ 17.50 RECYCLING CHARGE $ 9.00/year $ 12.00/year jriLavi'riifiMM.ii.Mi r PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued 1990 1991 GOLF COURSE CHARGES - Effective date 1991 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon 1st Nine Holes $ 2nd Nine Holes $ After 12 Noon and Weekend Rates 1st Nine Holes 2nd Nine Holes League Rates Monday thru Friday 6.00 4.00 6.50 4.00 $ 6.00 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays 1st Nine Holes $ 2nd Nine Holes $ 4.00 4.00 GOLF CART RENTAL (After 12:00 & Weekends) Motorized 1st nine holes $ 10.00 2nd nine holes $ 8.00 Monday thru Friday (Excluding Holdiays) 1st nine holes - - Begin play before 12:00 noon - - 6.50 4.50 7.00 4.50 8.50 4.50 4. 50 10.00 8.00 6.00 6.00 A printed copy of the 1991 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 1, 1991. Adopted by the City Council of the City of Orono on this day of _ _ _ _ _ _ _ _ _ _r 1«>90, by a vote of _ _ ayes and _ _ na^ 3 ATTEST:James R. Grabek, Mayor Dorothy M. Hallin, City Clerk p-i:59C.l TO: FROM: DATE: Mark E. Bernhardson, City Administrator Tom Kuehn, Finance Director December 5, 1990 C'<i.!NCiL fiiitTiHG OLCIO 1990 CITY OF ORONO SUBJECT: Authorization to Disburse City Funds for Claims Received ISSUE - Authority to disburse City funds for claims for payment received between the December 10 Council meeting and the December 24 cancelled Council meeting. DISCUSSION - This month we have only one Council meeting, scheduled for Monday December 10th. The second Council meeting would normally be held on Monday, December 24ch, but has been cancelled in line with previous years practices. We will have received many bills or claims for payment that will be due before the next scheduled Council meeting on Monday, January 14, 1991. We therefore are requesting authorization to do a normal check writing for the cancelled Council meeting. This practice has been done in December each year with the Council then formally approving the claims at the first meeting in January of the following year. Mayor and City Council Mark E. Bern, rdson, City Administrate!)^ TO: FROM: Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, to authorize the City Treasurer to disburse City funds in payment of claims^ ^ ^ V A ^ w ^ A —- - -— — received for the December 24th Council meeting, which has been cancelled and that such paid claims are to be presented at the January 14, 1991 regular Council meeting for formal approval. Ayes _, Nays _. 12590.2 TO: FROM: DATE: Mark E. Bernhardson, City Administrator Tom Kuehn, Finance Director' December 5, 1990 'i.tib ............ DEC 10 1990 CITY OF ORONO SUBJECT: 1990 Interfund Transfers and Loan Payments At the end of each year it is necessary to transfer monies between certain funds for the purpose of providing support as budgeted or for repayment of outstanding loans, as scheduled. The necessary transactions for 1990 are listed below. FUNDS FROM AMOUNT PURPOSE General Imp & Equip Outlay $58,700.00 Annual operating transfer for capital equipment, new and replacement as budgeted General Permanent Improve Revolving (PIR) $30,000.00 Payment 3 of 10 for City share of costs of Co. Rd. 15 street improvement project. (Princ $18,000, int $12,000) Bal o/s 12/31/90 $154,000 Water Operating Sewer Operating $ 3,176.00 Budgeted loan payment (princ $2,443, int $733) for water tower refurbishing - payment #9 of 11 - balance o/s 12/3.1/90 $4,886 General 1985 Imp Bond Debt Service $ 6,200.00 Budgeted payment, 5th installment of 15 for special assessments for sanitary sewer on City owned property in Crystal Bay (princ $3,080, int $3,120). Balance o/s 12/31/90 $30,755 FUNDS FROM Permanent Improve General Revolving (P.I.R.) General P.I.R. General P.I.R. General Sewer Operating Sewer Operating General AMOUNT PURPOSE $19,774.80 Transfer of 1990 special assessments collected to repay monies borrowed for Co. Rd. 15 street light project. Balance o/s 12/31/90 $76,931.66. $ 2,290.00 Payment 1 of 5 for City share of costs of Wsodhill Ave. street improvement project (princ $1,494, int $796). Balance o/s 12/31/90 $5,978. $ 663.00 Payment of special assessments levied against City property for C.R. 15 street lighting improvement project. Bal o/s 12/31/90 -0-. $ 1,217.64 Transfer of special assessments credited to the wrong fund. Bal o/s 12/31/90 -C-. $ 553.00 Reimbursement for vehicle insurance paid from general fund. Bal o/s 12/31/90 -0-. It is requested that.the foregoing transfer, loan and special assessment payments be approved effective December 31, 1990. 12590.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate DATE: December 5, 1990 SUBJECT: 1990 Interfund Transfers and Loan Payments Attachment: A. Finance Director's Meiio Dated 12/5/90 ISSUE Approval of end of the year transfers between funds. INTRODUCTION At the end of each year the Council is requested to formally transfer monies between funds. These transfers fall into two catagories; a. ) Budgeted Transfers - Items designated in that years budget when originally approved. These require formal fund transfer to implement. b. ) Fund Obligations - Loans and payments from one fund to another to reimburse expenses incurred by one fund on behalf of another. This is generally for City portions of special assessments. ALTERNATIVES 1. Adopt 2. Table for further information. RECOMMENDATION Recommend approval. PROPOSED MOTION - Moved by operating transfers, seconded by _, that the inter fund loan payments and special assessment payments on City property be approved as presented, effective December 31, 1990. Ayes __, Nays __. 12690.4 JiL) Mayor and City CouncilTO: FROM: Mark E. Bernhardson, City Administrator! DATS: December 6, 1990 SUBJECT: Administrator's Information DEC 10 1990 CITY OF ORONO RULES FOR CRIMINAL PROCEDURE - Attachment A is an update to the information given the Council for the 11/13/90 meeting. CLEAN-UP RESULTS - As noted in Attachment B, plus as had been included in the Council's 6/11/90 packet, the clean-up totals exceeded the amount originally budgeted. (This Ltem has been transfered to the Recycling Budget for 1991.) The revenues from recycling fees exceeded budgeted revenues by above $12,000 and can more than absorb some of the difference. OCTOBER RECEIPTS AND DISBURSEMENTS - See Attachment C. WIRE TRANSFERS - See Attachment D. GOALS AND OBJECTIVES - See Attachment E. '•mmPoPHAM. Haik . Schnobrich & Kaufman . Ltd. 3300 PIPER J fPRAr TOWEP MINNEAPOLIS. MINNESOTA 55A02 WAYNC O- POPHAM PAVMONO A. HAIK POOrP W. SCHNOBRICH OCNVCP KAUPMAN POBCPT A MINISH POLPC A. WOPOCN a. MAPC WHITEMCAO ■ PUCC O. WILLIS O. POBCPT JOHNSON dAPV P. MACOM8CP POBCPT S. BURK HUOH V. PLUNKCTT. Ill PPCOCPICK C. BPOWN TMOMAS K. aCPO JAMCS B. OPUCK .jcrrpCY 8. HALPCPN BBUCC O. MALKCRSON JAMCS P. STCILCN JAMCS B. LOCKHART ALLCN W. HINOCRAKCR CUPPOPD M. ORCCNC a WILLIAM KAUPMAN PAUL H. TICTZ MICHAEL O. PPCCMAN HOWARD SAM MYCRS. Ill LAPPY a CSPCL JANIE S. MAYCRON THOMAS J. BARR err .»AMCS A. PAYNC » OAVIO A, JONCS LCC C. SMECHT ALAIN rPECON LESLIE CILLETTC MICHAEL T NILAN THOMAS M SIPKINS ROBERT C. MOIIANEN THOMAS F NELSON THOMAS J. RADIO OAVIO L. HASHMALL KATHLEEN M. MARTIN JOHN C. CHILDS OOUOLAS P. SEATON THOMAS C. SAN NCR RICHARD A. KAPLAN BRUCE B. Mc PHCETCRS SCOTT E. RICHTER PAUL J. LINSTROTH SCOTT A. SMITH BRIAN N. JOHNSON BRADLEY A. FULLER OONALO M. lewis KENNETH ROSS* OAVIO R. STRAND SCOTT K. OOLOSMITH GIRARD P. MILLER ELIZABETH A. THOMPSON KEITH J. HALLCLANO MARK a. PETERSON TELEPHONE Sia 333- ASOO TELECOPIER 331 6l2-33A.a7i3 321 6ia-33A.27ai '3M SI2-33A-25C3 SUITE 2AOO 1200 SCVCNTECNTH STREET DENVER. COLORADO S0202 TELEPHONE 303-BB3-I200 TELECOPIER 303 S03-2ISA DEC SUITE 300 south isoo M street. N W WASHINGTON, O. C. 20036 TCLCPHONE 202-S2B-S300 TELECOPIER 202 B2S-S3IB DIRECT DIAL NUMBER 612-334-2687 ♦I mot Hr W K UC*< BPUCE * PCTCQSO OUTM A Micr CLSE r _ AMMA SCVCOANC tmOmas C MtCLEf MICHAEL O CHRIS w MICHAEL 5CHW« vEFFrcy r cairn CLUEN L. MAAS LEWIS J. rotman TOOD M JOHNSON LOUIS P SMITH BRUCE M little MARK f PALMA RUSSELL S- PONES3A aRVAN L CRAWFORD MATTHEW E. DAMON JOHN W. PROVO WILL I. FRIEOERS PAUL B JONES WILLIAM D. MlT^LER ELLEN SUE PARf.£R ORCOORT O. BROOKER BRIAN W. OHM GRCOORT O. SCOTT ROSANNC O. ZAIDENWEQCR CECILIA M MICHEL ROBERT C. castle '^MERESE M. HANAEL 1 OAOTJ aSNWSyRiT .OH nZL BBYkcX..' KAREN M. HANSCN SUCSAN PACC SMAPIRO STEVEN M. PHILLIPS LINDA S. FRICONCR ANDREW D. PARKER jOv m WALDERA hatricia a O'LCART «AHCN « COLE or COUNSEL FRED l_ MORRISON JUDITH TOUNOER I mmo INCLUDING THE FORMER LAW FIRM OF MALPERN & ORUCK November 30, 1990 Chief Melvin Kilbo Orono Police Department P.O. Box 86 Crystal Bay, MN 55323 Mr. Mark Bernhardson City of Orono P.O. Box 66 Crystal Bay, MN 55323 Gentlemen: This is a follow-up to Justice Popovich's letter to me dated November 21, 1990 enclosing certain changes to Minnesota Rules of Criminal Procedure 8.04 and 11.07. In the event you did not receive a copy, I am enclosing one for your review. The Advisory Committee obviously feels that the new proposed changes alleviate the concerns expressed by Orono in connection with increased costs relating to the implementation of the amendments. As you know, the two major concerns related to the requirement to have full evideuciary hearings in every gross misdemeanor case as well as the need for those hearings within 14 days after defendant's first appearance. However, my review of the new proposal of the Advisory Committee still leaves^questions in by^how r Chief Melvin Kilfco Mr. Mark Bernhardson November 30, 1990 Page 2 the judiciary reacts to requests for continuances. This v^ill be particularly true with respect to requests to continue any evidentiary hearings to the day of trial. Further, it will depend upon how the court determines whether or not a party shows "good cause related to the particular case." If the court interprets that provision strictly, or alternatively, if defense attorneys routinely demand hearings and oppose requests for continuances, the problem will probably not go away inasmuch as the committee has apparently not decided to change the language of the rule itself, only interpret it in a broad fashion. It does appear that the concern relating to the' 14 day requirement is specifically alleviated as a result of the increase to a 28-day time period following the defendant's appearance before the court. However, whether or not this is a workable solution will depend upon the court's interpretation of the good cause related to the particular case" provision of the rule in dealing with requests for continuances. In short, I believe we will simply have to take a wait and see" approach to this new rule. Hopefully, the Supreme Court will adopt the Advisory Committee's proposal and, as Justice Popovich suggests, our concerns will be alleviated. If you have any questions, please do not hesitate to contact me. BLC/blr/89ZBLC Enclosure THE SUPREME COURT OF MINNESOTA 25 CONSTITUTION AVENUE SAINT PAUL, MINNESOTA 5SI55 CMAMBCBS or PETER s. POPOVICH CMtCF JUSTICC a 29»-iOi2 November 21, 1990 Mr. Bryan Crawford Popha^ Haiky Schnobrich & Kaufman, Ltd. 3300 Piper Jaffray Tower Minneapolis, Minnesota 55402 Re: Miimesota Criminal Rules and Omnibus Hearings Dear Mr. Crawford: The court received your recent communication relating your concerns regarding omnibus hearings. The Supreme Court Advisory Committee on Rules of Criminal Procedure has been reviewing the process and the written comments received. The Adv^ry Committee has now recommended a change in the rules. The omnibus hearing section of their report is attached. Chief Judge Levy of Hennepin County and Chief Judge Smith of Ramsey County have indicated their approval of the proposed change to the court and indicated this should take care of the problem. It appeara that if the court adopts the proposal your concerns will be alleviated. Sho’jld you desire to comment further, your views will be appreciated. Sincerely yours, PSP/aw cc: Mr. Mark Bemhardson Ms. Charlotte Erickson Ms. Joyce Sievers sincerely yours, reter S. Popovicy i OMNIBUS HEARINGS The Advisory Committee originally proposed and subsequently continues to support timely Omnibus Hearings in large part rr because early resolution of motions provides for more efficient handling of criminal cases at subsequent stages. This includes suppression motions, evidentiary motions, and nonevidentiary motions such as motions to disclose the identity of an informant or to consolidate or sever trials or co-defendants. Early resolution of these motions also helps to focus the lawyers' attention on a smaller number of witnesses, including law enforcement officers and victims of crimes. When such motions are resolved early, uncertainty with respect to many significant issues in a case are removed. This early resolution o' motions also permits timely and meaningful pretrial dispositional conferences at which time the parties can engage in significant plea agreement discussions. Setting a firm crial date and commencing a trial on that date are also important factors in minimizing delays. Firm trial dates are most likely to be found in courts that achieve early resolution of pretrial motions. Achieving early resolution of pretrial motions requires the cooperation of the court, the local bar and law enforcement agencies. When courts take early control of criminal cases with meaningful pretrial events it benefits all people within the criminal justice system and serves the efficient administration of justice. These conclusions by the Committee are supported by recent studies and reports concerning the management and elimination of delays in criminal litigation. See Examining Court Delay; The Pace of Litigation in 26 Urban Trial Courts, 1987, the final report on a research project conducted by the mi National Center for State Courts by - . erdt published on June 2, 1989; The Inpact of Drug Cases on Case Processing In.Urban Trial Courts, prepared by John A. Martin and John A. Goerdt for a seminar on "Managing Drug Related Cases in Urban Trial Courts" presented by the Institute for Court Management and the National Center for State Courts on July 17-10, 1989; and "Toward Better Management of Criminal Litigation", by Barry Mahoney and Dale Anne Sipes of the National Center for State Courts (1988) 7^ Judicature 29. Amendments to Rules 8.04, 11.07, and 19.04, subd. 5 concerning the time limits and restrictions on bifurcation of the Omnibus Hearing will become effective on January 1, 1991, pursuant to the Supreme Court's order of December 13, 1989. As indicated in our last report to the Court, the primary concern of the Committee in recommending these amendments was the delay and waste of judicial, law enforcement, and other resources caused in some districts by the large number of guilty pleas occurring on the day of trial. The Committee intended that the amendments would encourage the earlier settlement of cases so that this waste of resources and the emotional strain on private citizen witnesses would be minimized. In order to provide time to adapt to these amendments, particularly in Hennepin and Ramsey Counties, the Supreme Court accepted the Advisory Committee's recommendation to delay the effective date of the amendments for one year. During the past year the Committee has heard extensive testimony and reviewed thoroughly the numerous written comments submitted by the bench, bar, municipalities and other concerned persons regarding these amendments. From that review it appears that Hennepin and Ramsey County recently have made dramatic progress in disposing of criminal cases before th. day of trial thereby serving the purpose about which this Committee was primarily concerned. The Committee is impressed by these efforts and believes thar the procedures now being followed in Ramsey and Hennepin County are substantially in compliance with the Omnibus Hearing amendments scheduled to become effective on January 1, 1991. The Advisory Committee therefore recommends that the amendments to Rules 8.04, 11.07 and 19.04, subd. 5 become effective as now scheduled, but with some minor amendments as explained below. Many of the Judicial Districts, including the Second and Fourth Judicial Districts, already make widespread and effective use of pretrial dispositional conferences to resolve cases at the earliest possible time. If such resolution is not possible, the conference can be used to determine the nature of the case so that further hearings or trial can be scheduled as appropri. *e. The use of such dispositional conferences is commendable and under existing Rule 11.04 should be considered as a part of the Omnibus Hearing. This is reflected in the comments to that rule which state that the rule "is broad enough to permit a pre-trial conference if the court considers it necessary." To further clarify this matter the Advisory Committee recommends that Rule 11.04 be amended by adding the following language at the L. beginning-of the firnt paragraph of that rule; "The Omnibus He.i. ng may include a pretrial dispositional conference to determine whether the. case can be resolved without scheduling it foi tiial.” At any dispositional conference portion of an Omnibus Hearing it is permissible under the language of Rule 11.07, to become effective January 1, 1991, to continue the evidence suppression portion of the Omnibus Hearing until the day of trial if the court determines that resolution of the evidentiary issues would not dispose of the case. Such a continuance would be "for good cause related to the particular case" under Rule 11.07 and under that rule the court could enter an order continuing both the Omnibus Hearing and the Conrt's decision on the evidentiary issues until the day of trial. Other grounds may also justily such a continuance and as long as the court finds that the good cause is related to the particular case the continuance is justified under the rule. Even absent good cause related to the particular case, the Committee believes that in the absence of a demand by the defendant it is no longer necessary to require that the Omnibus Hearing be held within 14 days of the defendant's appearance before the Court under Rule 8 as is now required by Rule 8.04. This is particularly so in light of the option that now' exists under Rule 5.03 to consolidate Rule 5 and Rule 8 appearances. When that is done, Rule 8.04(c) would still require that the Omnibus Hearing be held within 14 days of the combined appea 'e. Such a compressi. of the time limits is not necessary to a sure tiniely progress of criminal cases. The Committee therefore recommends that Rule 8.04(c), as it is tc become effective on January 1, 1991, be further amended as follows: **(c) The Omnibus Hea 'ing provided for by Rule 11 shall be scheduled for a date not later than f-ottrbeen-t-14'h twentv-eiaht (28) days after the defendant's inirbirai appearance before the court under this rule. The court may extend such time for good cause related to the particular case upon motion of the prosecuting attorney or defendant or upon the court's initiative." With the additional time for the Omnib\is Hearing set at 28 0 days, there is no need to have the 30-day continuance provision in Rule 11.07 scheduled to become effective January 1, 1991. The Committee therefore recommends that this rule be further amended as follows: "RULE 11.07. CONTINUANCES; DETERMINATION OF ISSUES Upon motion of the prosecuting attorney or the. defendant or upon the court's initiative, the cour’'’ may continue the hearing or any part thereof from time to time as may be necessaryr-hub-may-neb-eonbtnue-it beyond -3-9 -daye -after-bne-defendant - appearance -under Rule—8--except for c'jod cause related to the particular case. All issues presented at the Omnibus Hearing shall be determined within 30 days after the defendant's initial appearance under Rule 8 unless a later determination is required for good cause related to the particular cai.x.. When issues are determined, the court shall make appropriate findings in writing or orally on the record. The issues presented at the Omnibus Hearing shall be consolidated for hearing except as otherwise permitted bv these rules." .Additionally, the Committee suggests that trial courts insist on timely discovery by the parties before the date of the Omnibus Hearing as required by Rule 9.01, subd. 1. The Committee also strongly commends the practice, now in effect in some counties, of preparing the Sentencing Guidelines Worksheet prior to the Omnibus Hearing. This may be done in connection with a pre-release investigation under Rule 6.02, subd. 3 and later may be included with any presentence investigation report required under Rule 27.03, subd. 1. The completion of discovery and preparation of the Sentencing Guidelines Worksheet before the Omnibus Hearing will hair assure that the pretrial dispositional conference portion o . nearing will be meaningful. The Advisory Commit.v.ee recommends that the few suggested clarifying amendments to the rules contained in this report be acted upon immediately so that Rules 8.04, 11.07, and 19.04, subd. 5 with these further amendments may take effect on January 1, 1991, as previously ordered. Dated: ^ Respectfully submitted, ___ . - - ^Frank Clawourney^Chairman Supreme court A^Jvisory Committee on Rules of Criminal Procedure I To: Mark E. Bernhardsorir City AdministratorFroa: John R. Gerhardson, Public Works Director Date: December 6, 1990 Subject: Spring/Fall Cleanup Final Tabulation rn¥:‘tf/neyvr During the Spring and Fall Cleanup days, the Public Wor,v.j Department received and handled the following amounts of items. Included in costs for the three cleanup days: 35 199 45 424 15.29 20-30-40 Cubic Yard Containers of Trash $20,258.00 Appliances 1,194.00 Automotive Batteries NC Auto, Truck & Tractor Tires (fee paid by resident) Tons Scrap Iron (hauled to scrap yard for credit) Does not include personnel costs $21,452.00 When the grass and leaf tabulations are complete, I will present that information to you. The amount budgeted for the Spring/Fall Cleanup and Christmas Tree Disposal program for 1990 was $8,000.00. ! 3 CITY or ORONO SDMMARY or RECEIPTS, DISBORSBMENTS AND BALANCES rOR THE TEN MONTHS ENDED OCTOBER 31, 1990 •KimiNO 1/1/90 XMVBSTUBNT BALAMCB CASH BALANCE 1/1/90 RECEIPTS TOTAL BODGBT (C> 1990 TRANSP IN INVEST SOLD DISBUR TOTAL BUDGET (C) 1990 t or BUDGET TRANSP OUT INVEST PUNCH ENDING 10/11/90 CASH BALANCE INVEST 10/31/90 BALANCE OWMral 810,744 2,077,052 (b)2,924,010 2,295,643 2,924,010 78.5%592,153 D Barks 113,469 24,622 20,300 790 680 167,301 COGS 0 0 -0 -0 Mqalp Outlay 260,672 21,475 83,560 122,219 106,100 115.2%159,928 Bldg Cap Outly 2,196,398 169,618 30,000 151,813 -2,214,203 MOB Bt Aid Coaa 3,519 0 -5,587 -(2,068) Bar Zapr Bav 636,903 63.072 -17,596 -682,379 SarHftr Coaa 89 1,605,551 116,924 -258,266 -1,464,209 Zap Bead 66-76 542,039 54,856 79,500 164,273 164,310 100.0%432,622 Zap Bead SO 471,927 81,558 117,650 116,156 115,960 100.2%437,329 lap Bead S2 145,120 11,931 14,000 40,342 40,360 ino.0%116,709 Zap Bead 85 156,989 49,616 90,780 28,160 105,400 26.7%178,445 Swr-Mkr Bead 89 498,193 89,104 36,250 129,231 130.860 458,066 O Natar Op 120,820 137,039 166,900 128,395 188,210 68.2%129,464 Saaar Op 582,014 568,884 479,040 466,191 392,050 118.9%684,707 Golf Caaraa Op 1,137 155,039 115,800 (a)116,799 103,110 la)113.3%39,377 i :J Boolad Zaa Treat Band 7,914,399 591,170 23,929,935 591,170 23,683,325(7,667,789) r ^ )TOTALS 7,914,399 261,096 4,211,960 4,157,790 0 23,929,935 4,632,6314,271,050 0 23,683,325 87,035 TOTALS LST TN 5,514,024 98,589 6,266.762 3,868,470 2,439,161 13,240,072 4,035,249 3,942,500 2,439,161 15,477,163 93,011 7,751,115 OBOUL run somiabt - 19901 t OP BBVBMDB BODGBT BUDGET 3 Taxes 779,751 1,604,460 48.6% Lieaaaaa- a Baraita 117.98C 118,500 99.6% Zatarfav. Baeaaaa 101.024 154,700 65.3% ::Chga for Sera 743.462 723,450 102.8% Blaaa 84.197 115,500 72.9% Zat. ea Zaeaat.152.361 195,000 78.1% j Traa. Br Otter Beads 0 0 Otter 15.409 12,400 124.3% j TOTAL nvnOB 1.994.190 2,924.010 68.2% TOTAL 1990 CASH ( INVESTMENT TO 10/31/90 $7,754,824 NOTE (a) Golf oparatlnf fund budgat doaa not include aaounta for purchaaea for reaale or aalaa tax collacted/ramltted. The racalpta budgat projecta groaa profit - not total racalpta. NOTE (b) General fund revenuea recorded will nut equal racalpta collactad doe to reci vablea billed In other accounting periods and non-revenue receipts. NOTE (c) Budget aaounts Include scheduled tranafera, do not Include fund balance uses or additions. 12690.1(81) CITY OF ORONO INVESTMENT TRANSACTIONS - ELECTRONIC WIRE TRANSFERS NOVEMBER 22 TO DECEMBER 5 , 1990 DATE TRANSFER FOR 11/23/90 Interest Received on Fed Farm Credit Bank Bonds 11/28/90 Interest Received on Fed Home Loan Bonds 11/28/90 Proceeds from Commercial Paper Matured 11/29/90 Proceeds from Certificates of Deposit Matured Net of Certificates of Deposit Purchased FROM AMOUNT 1st Bank Mpls. 1st Bank Lakes $ 18,880.00 Prudential Bache 1st Bank Lakes Dain Bosworth 1st Bank Lakes Marquette Bank 1st Bank Lakes 8,500.00 150,000.00 7,539.64 lb r- 1-^' * I J i -f i- OECIO 1990 LIST 0? LICENSES FCR COUNCIL APPROVAL FOR MEETING OF December 10, 1990 OITY OF ORi Residential Kennel License -Robert Waag 4760 W. Branch Road Harry B. Stoker 465 Spring Hill Road Marilyn J. Pickard 4607 Watertown Road Club 1991 Liquor License - Wayzata Country Club 200 Wayzata Blvd - * 1991( On Sale Non-Intoxicating Malt Liquor - Lakeview Golf 405 North Arm Drive .. Owner: K2NNEL LIC2NS2 APPLICATION Effective January 1, 19 ^ ! to December 3i,19^Cr-.. LriiiiS-- rroDer'ty Adoxessi (include city and zrp) — Mailing Address (if different): Phone: (home} _ _ _ _ _ _ _ [SdV: 2,0 1S90. (work) RBSIDBHTIAL Kennel License Information: $25.00 (payment must accompany application) Maximum No, of dogs to be kept at one time; S (over 3 months of age) Principal Breed; Ss-~feA._ _ _ ___ _ _ _ _ _ _ _ _ _ _ Purpose for more than 2 dogs; pOia/yt)'^ Dogs normally kept; Y inside _ CITY CF ORQSO —^A^CE CFFKi i t.'oAAkennel structure • COMMERCIAL Kennel License Information: $150.00 (payment must accompany application) Name of Business: lllEOOOdiQ 01 iZi 75.00 ChEX TL 100.00 r±LEIPT-mih- YOU ^12:^ iOvl i<0l no:: i :/20a Business Activities;_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ (example; boarding, breeding, veterinary care, retail, etc.) Normal Business Hours;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ After Hours Contact; (name)_ (phone) Dog runs/exercise areas are;inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5,36 including any special conditions imposed by the City Council as part of any kennel license approval. Kennel Inspected^by (jJbh/j Date /A <^f-9 O Recommends Approval ^ Denial Owner; KENNEL LICENSE APPLICATIONEffective January 1, l^CII to December 31, 19_2^ a./ /S ^ if. Property Address; (include city ana zip; ' / A u-~y a A-/ Mailing Address (if different );_ Phone; (home) V - /7 ^(work)-S o f RESIDENTIAL Kennel License Information; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time; (over 3 months of age) Principal Breed; H. Lf^^S Purpose for more than 2 dogs; 3. Dt?6S TlM »//n— Dogs normally kept; 2. inside kennel structure NOV 1 9 tS90 CCXfNERCIAL Kennel License Information; $150.00 (payment must accompany application) Naune of Business; Business Activities;_ _ _ _ _ ___ _ _ _ _ —- - - - - - - - - - - -- (e.xample; boarding, breeding, veterinary care, retail, etc Normal Business Hours; _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ After Hours Contact;(naime)_ (phone) Dog runs/exercise areas are:inside outside ------e’r jF Q!^OHO ----JFFr:£ >^0i s 25. on ■ •■vrrv The undersigned hereby makes application to the Orono ^, w4;u/. ym Council fnr a Kennel License as specified on this form; U6:2: A 1 A<>4rraa ♦“hat a icf^nnel liconse is permissive only f s/Oi*(council nr <* -- - - • • irwMsV-undersign. . acknowledges that a kennel license is permissive Only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. 11/1 9/9C ApplicantL/ "yhTtrjs;. Date For City Use Only Kennel inspected by _ Recommends Approval, IkJnJ^Ly Date Denial Owner: 2CZNNKL LIC2JIS2 APPLICATION Effective January 1, to December 31, 19Ji_ - ----N Prooerty Address: uCs.o'l (include city and zip; LO a ^ o ^ /V^a ; _ Mailing Address (if dif f erent)______ Phone : (home ) C» ^ 7. 1 Cf -(cc^ 1------------ RBSIDBHTIAL Kennel License Information: S25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time (over 3 months of age) /fc; 0*6 (work) 6 I 7 9 ^ - r r^C~M 3 2 0 ^qqq Principal Breed:_ _ Purpose for more than 2 dogs;_ _ Dogs normally kept: X inside n- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- kennel structure COMMERCIAL Kennel License Information; $150.00 (payment must accompany application) Name of Business: cm OF uf:QiiQ OFFICE lElEzCCa^C -------:5.oo c}£X ri £.L.> • W Business Activities:_________________ (examole: boarding, breeding, veterinary care, ^ ^ci '09:3c 11/20/9C Normal Business Hours;________________________________________— After Hours Contact: (naune)__ (phone) Dog runs/exercise areas are:inside outside both license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the ri;^ir»ent. of Municipal Code Chapter 5 36 including any special conditions imposed by the City Council as part of any kennei license approval. . \ QJr^ Applican^ Q // - /FL-90 Date KeSnSl'TnSgLtSa^by Pate_/A ^/-gO Recommends Approval_>^ Denial Inter o-f-f i ce Memo Date: December 6, 1990 To: Mark Bernhardson, City Adminiatrator From: Mel Kilbo, Chie-f o-f Police Re: Liquor License Renewal Wayzata Country Club I have reviewed all recent records from the Wayzata Country Club and have not found any indication of liquor law violations. I do recommend issuance of this license. Intsrc:ftics liemc Date: December 4, 1990 To: Mark Bernhardson, City Administrator From: Mel Kilbo, Chiet o-f Police Re: On-Sale Non-Intoxicating Malt Liquor License Lakeview Golf This Department has reviewed the past records associated with Lakeview Gol-f Course and have found no violations involving liquor sales. I do recommend issuance of liquor license to Lakeview Golf -om-i DEC 10 !99o .x-" 'I ■ ^4U»^> £>» O //- S.S-^d |S>.. WM m M NAME OPT ANDERSON. BRUCE L BERNHARDSON. MARK E BOBZZEN. SU^ A BOSMA. ^AMIE L BRZNKNAUS, JOHN F CNESWICK, GARY B CHRISTIANSON. SALLY CORNICK, JAMS L OEMBOUSKI. JAY C DENNISON, troy a ENGLISH III, IRVING ERICKSON. KURT R FISCHENidH. DAN T FRZTZLER. iOHN M OAFFRON. MICHAEL P GERHARDSON, JOHN R GREGORY. JAMES D HALLZN, DOROTHY M HANSEN, STEVEN C HANSINd. CAROL J JOHNSON. BRADLEY P KARNITZ, RICKY D KILBO. MELVIN H KNUTS6n. CHARLOTTE A K'JEHN, THOMAS M MABUSiH. JEANNE A MORAN. MARK F MOROWCZYNSKI. JAMES NAAB. THERESA L NELSON. DAVID D OBERAIQNER. SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUAST. WAYNE A RATNBUN. BARRY J SCNEFFLER. LAURIE K. SKREEN. DALE S STEFFENHAGEN. RONALD .THONTON. MARK R ^TOMCHECK. LAWRENCE F iTOMCZYKi MARK W VANG. BduCE Lmm "WECKMAN. STEPHEN J' 33 YTO GROSS 40067.78 55800.24 22357.06 14395.55 34546.23 35603.59 5116.48 39300.93 16660.54 298.35 40733.09 34938.00 35038.53 35002.71 32103 58 42225 49 32415 42 27652.74 26505.68 12768 67 36645.29 7698.68 47107.84 22094.86 44864.81 40203.30 32596.21 40628.20 22573.10 2180.25 2232.81 25602.92 29368.95 12975.77 31660.62 26505.90 5390.10 26560.28 27689.18 34009.48 36885.13 34676.67 24669.52 12248.71 4570.02 21564.04 7442.00 CURRENT I GROSS ! 1806 2221 921 523, 1464 1468 172 1770 1009. 20 1633 1505 . 1643. 1396. 1338. 1760. 1327. 1153. 1003. 578. 1659. 553. 1964. 921 1870. 1676 . 1337. 1465. 921. 244. 962. 1322. 1271. 836 1179. 1065. 353. 1153 1154. 1381. 1977. 1500. 1095. 783. " 156. 935. 576 - 55.040.16 I ■ ’ 1 12/31/90 PR; 76' CM PRREGOR NAME DPT YTD GROSS CURRENT GROSS CALLAHAN, EDWARD J GOETTEN. J DIANN GRABEK, JAMES NETTLES, ALAN R PETERSON. BARBARA A 2900.04 2900.04 3600 00 2900 04 2900 241.67 241 67 300.00 241 67 241 67 12/01/90 PR CB PRREGOR NAME DPT l»iii rSing ERICKSON. KURT Rfischenich, dan T JOHNSON, BRADLEY P MOPOWCZYNSKI. JAMES thomton. mark r TOMCHECK. LAWRENCE F tomczyk. mark W 1.266.68 sasssBSSSAsaB -mm...: sSaSg YTO GROSS CURRENT GROSS 41646.68 40820 78 17348.39 42252.94 36487.33 36514.11 38194 62 42177.53 34285.82 38404.98 36226.00 1578.90 1519.85 687.85 1519.85 1549.33 1475.58 1549.33 1549.33 276.34 1519.85 1549.33 V-; 14.775.54 tBsascasB>a> - - 1990 CITY OF ORONO CHECK NO. DATE 334905 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344006 344034 344040 344040 344040 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 CHECK REGISTER AMOUNT 36.38 36.38 VENDOR CONNELLY INO ITEM DESCRIPTION CAPACITORS 34.23 11.24 15.37 15.37 11.24 11 15 15 11 15 15 15 15 15 65, 11 24 36 36 24 37- 37- 37 37 37 84 24 15.36 11.24- 11.24 248.46 ' MIDW'ST MIC-WEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST B3NS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD COPY PAPER COPY PAPER OFFICE SUPPLIES OFFICE SUPPLIES COPY PAPER COPY PAPER OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE JPPLIES OFFICE ^JPPLIES COPY PAPER office supplies OFFICE supplies COPY PAPER COPY PAPER 12/05/90 379.28 379.26 ANCHOR PAPER COPY PAPER 12/05/90 12/05/90 12/05/90 59.24 63.40 63.40 APACHE PAPER CO APACHE PAPER CO APACHE PAPER CO 7 PAPER C FOLD TOWEL C FOLD TOWEL T i 12-10-90 PAGE 1 ACCOUNT NO. INV. • P.O. 8 MESSAGE 73-4232-569-92 01-1261- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4210- 01-4212- 01-4212- 000-00 039-12 039-12 059-14 059-14 069-15 069-15 129-31 129-31 144-33 144-33 144-33 144-33 174-33 174-33 249-42 249-42 129-31 129-31 344010 12/05/90 11.13 AT&T INFO SYSTEM TELEPHONE 72-4320-549-91 11.1'’ - 344030 12/05/90 21.07 AT &T INFO SYSTEM DATA PROCESS 01-4340-059-1434403012/05/90 21.06 AT &T INFO SYSTEM DATA PROCESS 01-4340-069-1534403012/05/90 32.50 A"'«c T INFO SYSTEM DATA PROCESS 01-4340-129-3134403012/05/90 21.07 AT &T INFO SYSTEM DATA PROCESS 01-4340-129-3134403012/05/90 21.06 AT &T INFO SYSTEM DATA PROCESS 01-4340-174-3334403012/05/90 21.06 137.82 • AT &T INFO SYSTEM DATA PROCESS 01-4340-249-42 344031 12/05/90 2.10 AT &T COMM TELEPHONE 01-4320-039-1234403112/05/90 #5.37 7.47 * AT &T COMM TELEPHONE 01-4320-129-31 01-1261-000-00 01-4231-099-17 01-4231-099-17 01-4231-129-31 -CKS -CKS ***-CKS **»-CKS **--CKS " I ■Jim 9 1890 CITY or ORONO CHECK REGISTER CHECK NO . DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 186 04 • 344065 344065 344065 12/05/90 12/05/90 12/05/90 199 28 212 00 265.00 676.28 • BLACKOWIAK L SONS BLACKOWIAK A SONS BLACKOWIAK A SONS TRASH HAUL TRASH HAUL TRASH HAUL 01-4343-099-17 01-4343-290-61 74-4343-590-93 344077 12/05/90 5.00 5 00 • BRINKHAUS-JACK MILEAGE 01-43S1-249-42 344081 344081 •2/05/90 a2/05/90 159.86 41 98 201 84 • BLACKS PHOTOGRAPHY BLACKS PHOTOGRAPHY PHOTO REF PHOTO REF 01-4210-129-31 01-4210-174-33 344085 344085 344085 12/05/90 12/05/90 12/05/90 23 90 173 40 20 40 217.70 • BUDGET PRINTING BUDGET PRINTING BUDGET PRINTING STAMP PR'NTING MAPS 01-4210-129-31 01-4321-853-50 01-4322-290-61 344098 344098 12/05/90 12/05/30 3 4 .933 26 891 41 .824.67 • CARGILL salt CARGILL SALT salt SALT 01-4233-249-42 72-4234-549-91 344133 344133 344133 344133 12/05/90 12/05/90 12/05/90 12/05/90 10.00 2 00 9 00 34 00 55 00 • COMM-REV SALES TAX COMM-REV SALES TAX COMM-REV SALES TAX COMM-REV SALES TAX NOV SALES TAX NOV SALES TAX NOV SALES TAX NOV SALES tax 01-2222-000-00 01-3500-000-00 01-3516-000-00 72-2222-000-00 344141 344141 344141 12/05/90 12/05/90 12/05/90 9 193.DO- 193 .00 193.00 193 00 * CORCORAN PET CARE CORCORAN PET CARE CORCORAN PET CARE NOV SERV NOV SERV NOV SERVICES 01-4306-185-35 01-4306-185-35 01-4360-185-35 344142 344142^^, 12/05/90 12/05/90 98.00 111.75 209.75 * COPY DUP PR INC COPY DUP PR INC TRANSPARANCIES FUSER OIL 01-1261-000-00 01-1261-000-00 344143 344143 344143 12/05/90 12/05/90 12/05/90 8.05 25.15 25 40 COMMERCIAL LIFE/GRP COMMERCIAL LIFE/GRP COMMERCIAL LIFE/GRP DEC INS DEC INS DEC INS 01-4152-039-12 01-4152-069-15 01-4152-121-31 12-10-90 PAGE •••-CKS •••-CKS -•-CKS • • --CKS -CKS ••-CKS •••-CKS m .1990 CITY OF ORONO CHECK NO. DATE CHECK REGISTER AMOUNT 344143 12/05/90 3 40 344143 12/05/90 52 73 344143 12/05/90 5 90 344143 12/05/90 16 51 344143 12/05/90 1 42 344143 12/05/90 2 13 344143 12/05/90 85 141 54 344199 12/05/90 5.500 00 344199 12/05/90 25 00 5.525 OC 344228 12/05/90 50.000 00 344228 12/05/90 27.137 50 77 .137 50 344244 12/05/90 14 28 14 28 344257 12/05/90 1 80 344257 12/05/90 183.50 185.30 344258 12/05/90 62 20 62 20 344272 12/05/90 334 19 344272 12/05/90 80.50 344272 12/05/90 64.60 344272 12/05/90 9.20 . /S8 49 344303 12/05/90 2.349.50 2.349 50 344308 12/05/90 66 00 344308 12/05/90 110.37 176 37 VENDOR COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP ROLF E ERICKSON ROLF E ERICKSON FIRST TRUST CO INC FIRST TRUST CO INC BUSINESS RECRDS CORP GERHARDSON/JOHN GERHARDSON/JOHN GLENWOOD INGLEWOOD G A K SERVICES G A K SERVICES G A K SERVICES G A K SERVICES HENN CTY FIN DIV HENN CTY SHERIFF DPT HENN CTY SHERIFF DPT ITEM DESCRIPTION DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC FEE POSTAGE PRINCPAL DUE 1/1/91 INT DUE 1/1/91 FORMS Oi^FICE SUP MILEAGE WATER UNIFORMS MATS UNIFORMS UNIFORMS OCT ROOM BOARD REPAIRS OCT BOOKING FEE 12-10*90 PAGE 3 ACCOUNT NO INV « P 0 » MESSAGE 01-4152-126-31 01-4152-129-31 01-4152-174-33 01-4152-249-42 72- 4152-549-91 73- 4152-565-92 74- 4152-590-93 01-4306-059-14 01-4321-059-14 45-4610-908-00 45-4620-908-00 01-4210-039-12 01-4210-249-42 01-4381-249-42 01-4231-099-17 01-4221-249-42 01-4343-129-31 73- 4221-569-92 74- 4221-590-93 01-4358-080-16 01-4342-129-31 01-4358-080-16 •••-CKS ••-CKS •••-CKS ••-CKS •-CKS •••-CKS -CKS •••-CKS 1990 CITY OF ORONO CHECK NO. DATE AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 12-10-90 PAGE < ACCOUNT NO INV • P 0 « MESSAGE 344330 344330 344334 344355 344355 344397 344397 344397 344397 344404 344404 344404 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 99 52 81 ,12 180.64 122 42 122 42 123 90 61 95 185 85 7 08 54 37 14 31 20.04 95.80 165 38 34 32 31.20 230.90 ICMA RETIREMNT TRUST ICMA RETIREMNT TRUST INNOVATIVE MICKO INTERSTATE BATTERIES INTERSTATE BATTERIES KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS THE LAKER THE LAKER THE LAKER ICMA 11/12 TO 11/25 ICMA ADDL 11/25 MICROFILM BATTERIES BATTERY mileage-nov mileage-nov mileage-nov mileage-nov notice AD ad PROP TAX 01-414n-039-12 01-4140-039-12 01-4306-174-33 01-4341-249-42 01-4341-290-61 01-4381-039-12 01-4381-069-15 01-4381-174-33 73-4381-569-92 Cl-4323-020-11 01-4323-039-12 01-4323-174-33 •••-CKS •••-CKS ■••-CKS -CKS •••-CKS 344435 344435 344435 344435 344435 344435 344435 344435 344435 344435 344435 344435 344437 344437 344439 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 21 753 436 229 355 971 91 43 76 30 45 31 299.86 137.58 108 321 8 291 3.934 11 02 86 01 60 16.77 66.41 83 .18 23 55 LOGIS _SUITE 300 labels for resale 01-3500-000-00 LOG IS SUITE 300 APPL SUPPORT OCT 01-4352-069-15 LOGIS SUITE 300 APPL SUPPORT OCT 01-4352-129-31 LOGIS .SUITE 300 APPL SUPPORT OCT 01-4352-174-33 LOGIS •SUITE 300 DATA PROC OCT 01-4355-069-15 LOGIS .SUITE 300 DATA PROC OCT 01-4355-129-31 LOGIS SUITE 300 DATA PROC OCT 01-4355-174-33 LOGIS SUITE 300 APPL SUPPORT OCT 72-4352-549-91 LOG! ..SUITE 300 DATA PROC OCT 72-4355-649-91 LOGIS -SUITE 300 APPL SUPPORT OCT 73-4352-569-92 LOGIS •SUITE 300 COURIER-DP-SEP 73-4363-569-92 LOGIS -SUITE 300 DATA PROC OCT 73-4355-569-92 CITY OF LONG LAKE CITY OF LONG LAKE LONG LK FORD TRACTOR NOV FLASHER NOV LIFT PARTS 01-4325-249-42 73-4344-569-92 01-4342-290-61 »«*-CKS **--CKS 4^ ,1990 CITY OF ORONO CHECK NO. DATE 344462 344498 344498 12/05/90 12/05/90 12/05/90 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 865 67 865 67 MARTINS NAVARRE 66 148 25 12 71 160.96 MN CELLULAR TELE MN CELLULAR TELE AUTO REPAIR TELEPHONE TELEPHONE 344537 12/05/90 10 43 10 43 • MORAN MARK MTG 344540 12/05/90 55.356.80 55.356 80 • WM MUELLER 4 SONS PAVING 344548 12/05/90 61 27 61 27 • NAVARRE HARDWARE TRUCK REPAIR 344562 12/05/90 320 r NSP UTILITIES 344562 12/05/90 208 NSP UTILITIES 344562 12/05/90 . 2 94 NSP utilities 344562 12/05/90 7 06 NSP UTILITIES 344562 12/05/90 1,380.92 NSP utilities 344562 12/05/90 580.15 NSP UTILITIES 344562 12/05/90 8 12 NSP UTILITIES 344562 12/05/90 33 25 2.541.15 * NSP UTILITIES 344565 12/05/90 134.86 NSP UTILITIES 344565 12/05/90 14.18 NSP utilities34456512/05/90 1.065.68 NSP ST LITES 344565 12/05/90 111.88 NSP utilities 0! 12*10-90 PAGE 5 ACCOUNT NO INV. • P 0 * MESSAGE 344439 12/05/90 9 58 33 13 • LONG LK FORD TRACTOR PARTS 01-4342-290-61 344441 12/05/90 22 45 LONG LAKE TIRE SERV TIRE REPAIR 01-4341-249-42 344441 12/05/90 2 DO-LONG LAKE TIRE SERV INSTALL TIRES 73-4341-569-92 344441 12/05/90 56 00 LONG LAKE TIRE SERV INSTALL TIRES 73-4341-569-92 344441 12/05/90 6 00 82 45 • LONG LAKE TIRE SERV INSTALL TIRES 73-4341-569-92 01-4341-129-31 01-4320-129-31 01-4320-249-42 01-4356-129-31 01-4233-249-42 01-4341-174-33 01-4324- 01-4324- 01-4324- 01-4324- 72- 4324- 73- 4324- 73- 4324- 74- 4324- 099-17 129-31 175-34 290-61 549-91 569-92 569-92 590-93 01-4324-249-42 01-4324-290-61 01-4325-249-42 73-4324-569-92 -CKS •**-CKS •••-CKS -CKS •••-CKS •••-CKS •••-CKS -CKS 0 1990 CITY OF ORONO CHECK NO. DATE CHECK REGISTER 344582 344590 344590 344597 344597 344598 344602 344621 344621 344621 344621 344621 344621 344621 344621 344621 344621 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 12/05/90 AMOUNT 1,326 60 • 20.50 20 50 • 1,258 79 1,258 78 2 ,517 57 4.115 38 1.773 06 5,888 44 9 00 9 00 1.908 74 1.908 74 987 681 422 388 210 1.162 340 1,055 155 233 5.635 VENDOR OMAN/LYLE OTTEN BROS OTTEN BROS PUBLIC EMPL ret assn PUBLIC EMPL ret assn PERA INS PAPER CALMENSON L CO 344627 12/05/90 195.00 195.00 • PITNEY BOWES 344628 12/05/90 1.123 80 POPHAM HAIK &ASSOC 344628 12/05/90 6,387 92 POPHAM HAIK &ASSOC 344628 12/05/90 75.00 POPHAM HAIK &ASSOC 344628 12/05/90 903.86 POPHAM HAIK &ASSOC 344628 12/05/90 83 20 POPHAM HAIK &ASSOC 344628 12/05/90 4,409 90 POPHAM HAIK &ASSOC 344628 12/05/90 325 00 POPHAM HAIK &ASSOC 344628 12/05/90 871.92 POPHAM HAIK &ASSOC 344628 12/05/90 871 92-POPHAM HAIK &ASSOC ITEM DESCRIPTION MILEAGAE 12-10-90 PAGE 6 ACCOUNT NO. INV # P 0 » MESSAGE SWR TOWER SWR TOWER PERA 11/12-25 PERA 1-2S-90 JAN INS PLOW PART 50 PHYSICIANS HEALTH DEC INS 00 PHYSICIANS HEALTH DEC INS 00 PHYSICIANS HEALTH DEC INS 50 PHYSICIANS HEALTH DEC INS 16 PHYSICIANS HEALTH DEC INS 82 PHYSICIANS HEALTH DEC INS 50 PHYSICIANS HEALTH DEC INS 00 PHYSICIANS HEALTH DEC INS 40 PHYSICIANS : AlTH DEC INS 10 PHYSICIANS HEALTH DEC INS MAINT AGRMT 91 LEGAL RETAINER-OCT LEGAL PROSECTNS-OCT LEGAL CONSULT-OCT LEGAL LL105-OCT LEGAL CONSULT-OCT LEGAL APPLICTNS-OCT LEGAL-FLEi: BENEFITS LEGAL CONSULT-OCT LEGAL CONSULT-OCT 01-4381-174-33 72- 4531-438-86 73- 4531-434-82 01-2031-000-00 01-2031-000-00 01-1280-000-00 01 -4232-249-42 01-3872 01-4151 01-4151 01-4151 01-4151 01-4151 01-4151 01-4151 72- 4151 73- 4151 000-00 039-12 069-15 121-31 126-31 129-31 174-33 249-42 549-91 569-92 01-1299-000-00 01-4301' 01-4302- 01-4303' 01-4303' 01-4303' 01-4303- 01-4306- 24-4399 24-4399- 080-16 080-16 080-16 080-16 129-31 840-71 299-72 454-00 454-00 -CKS ••■-CKS -CKS •••-CKS •••-CKS •••-CKS a tit ,1990 CITY OF ORONO CHECK REGISTER 12-10-90 PAGE CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 344628 12/05/90 81 92 POPHAM HAIK & ASSOC LEGAL CONSULT-OCT 24-4399-454-00 344628 12/05/90 81 92 POPHAM H.MK & ASSOC legal CONSULT-OCT 24-4399-455-00 344628 12/05/90 81 92 POPHAM HAIK & ASSOC LEGAL CONSULT-OCT 24-4399-456-00 344628 12/05/90 107 06 POPHAM HAIK & ASSOC LEGAL CONSULT-OCT 24-4399-461-00 13.661 50 • 344631 12/05/90 2,200 00 POLKA DOT RECYCLING NOV RECYCLE 01-4392-295-65 2.200 00 • 344680 12/05/90 391 00 E G RUD & SONS INC REPLACE PROP CORNERS 73-4306-433-81 391 00 « 344685 12/05/90 300 00 LAURIE K SCHEFFLER NOV MTG 01-4306-039-12 300 00 - 344693 12/05/90 2.440 00 SCHOENING EXCAVATING GRADNG APP 1502 01-4399-840-71 344693 12/05/90 730 00 SCHOENING EXCAVATING GRADNG A--^ 1326 01-4399-840-71 344693 12/05/90 303 00 SCHOENING EXCAVATING STEP SWi- NAV HGTS 24-4399-424-00 3.473 00 • 344751 12/05/90 407 70 SUNDIAL BLDG SERVICE NOV CLEANING 01-4349-099-17 344751 12/05/90 282 60 SUNDIAL BLDG SERVICE NOV CLEANING 01-4349-129-31 690.30 « 344783 12/05/90 4 95 TOMCHECK LARRY CLASS 01-4356-129-31 4 95 • 344815 12/05/90 , 78.80 US WEST COMMUN TELEPHONE 01-4320-039-12 344815 12/05/90 78 80 US WEST COMMUN TELEPHONE 01-4320-059-14 344815 12/05/90 39 39 US WEST COMMUN TELEPHONE 01-4320-069-15 344815 12/05/90 174.44 US WEST COMMUN TELEPHONE 01-4320-129-31 344815 12/05/90 78 80 US WEST COMMUN TELEPHONE 01-4320-174-33 344815 12/0^/90 60 32 US WEST COMMUN TELEPHONE 01-4320-174-34 344815 12/CS/90 60.32-US WEST COMMUN TELEPHONE 01-4320-174-34 344815 12/05/90 60.32 US WEST COMMUN TELEPHONE 01-4320-175-34 344815 12/05/90 78.80 US WEST COMMUN TELEPHONE 01-4320-249-4234481512/05/90 11 82 US WEST COMMUN TELEPHONE 72-4320-549-91 344815 12/05/90 27.57 US WEST COMMUN TELEPHONE 73-4320-569-9234481512/05/90 77 31 US WEST COMMUN TELEPHONE 74-4320-590-93 344815 12/05/90 116.40 US WEST COMMUN ADV 74-4323-590-93822 45 • & •••-CKS •••-CKS -••-CKS ***-CKS • • • -CKS •"•-CKS •**-CKS 1090 CITY OF ORONO CHECK REGISTER ACCOUNT NO. INV CHECK NO . DATE AMOUNT VENDOR ITEM DESCRIPTION 344842 12/05/90 46.17 46.17 Ik WAYZATA-CITY OF MTG 01-4356-129-31 344866 12/05/90 787 50 787 50 m WIDMER BROS BACKHOE LABOR 72-4345-549-91 344875 12/05/90 8 40 8 40 m WRIGHT HENN ELECTRIC utilities 01-4324-.49-42 344901 344901 344901 12/05/90 12/05/90 12/05/90 25 00- 25 00 25 00 25.00 ft METRO EMGY MGR ASSOC METRO EMGY MGR ASSOC METRO EMGY MGR ASSOC DUES DUES DUES 01-4380-174-34 01-4380-174-34 01-4380-175-34 344902 12/05/90 63.30 63.30 ft RAY ALLEN MFG CO training SlEEVE 01-4244-129-31 344903 12/05/90 199 00 199 00 a ALKIT PRO CAMERA CAMERA 01-4560-129-31 344904 12/05/90 260 00 260 00 a BELL i HOWELL 91 SERV AGREE 01-1299-000-00 344906 12/05/90 34.656 00 34.656 00 a northwest mechanical PYMNT #2 LS#8 73-4531-569-92 344907 12/05/90 24.295 30 24.295 30 a RICHMAR CONSTRUCTION PYMT #2 PUMPHSE43 72-4531-437-85 344908 12/05/90 31 80 31 80 a ID CHECKING GUIDE ID GUIDE 01-4240-129-31 344909 12/05/90 ' 12.50 12.50 a HENNEPIN CO-OP STRAW 74-4343-590-93 344910 12/05/90 165 00 165.00 a MN BOOKSTORES MN STATUES 01-4322-129-31 344911 12/05/90 6,781.81 6,781 81 a ALLIED BLACKTOP CO SEAL COAT 01-4233-249-42 344912 12/05/90 31.62 31.62 a MCDONAUAGH TRUCK FGT COPY PAPER 01-1261-000-00 o12-10-90 PAGE •••-CKS •••-CKS -CKS •**-CKS •••-CKS •••-CKS o &a. 1990 CITY OF ORONO check no. date AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 12-10-90 PAGE 9 ACCOUNT NO. INV, • ^ . v/. • MESSAGE 118,305 40 FUND 01 TOTAL GENERAL FUND 655 82 FUND 24 total PERM IMPROVE REVOLVING F 77,137 50 FUND 45 TOTAL 1985 IMP BOND D/S FUND 29,073.38 FUND 72 TOTAL WATER OPERATING FUND 38.137 05 FUND 73 TOTAL SEWER OPERATING FUND 514 51 263,823 66 FUND TOTAL 74 TOTAL GOLF COURSE OPERATING FD 0 0 a /f/ COsiKCil 'iEtTiKt DEC 10 1990 CITY OF ORONO i' , i:-'9o. 1 TO: Mayor and City Council PROM: Mark E. Jernhardson, City Adrr.i;»istrat DATE: December 1, 1990 SUBJECT: Advisory Board - Expiration of Terms The following terms expire in the first 3 months of 1991: Park Commission Richard Flint (Chair) Lee Erger James Gilbert Susan Wilson 12/31/90 12/31/90 12/31/90 12/31/90 All but Mr. Erger have expressed interest in continuing as Park Commission members. Planning Commission James Hanson At Large Ed Cohen At Large 03/31/91 03/31/91 Staff will advertise for the Park positions in the next couple weeks. For the Planning Commission it will be done early in February. Others expiring the end of 1991 : Park Commission Alex Vongries 12/31/51 Philip Bradley 12/31/91 Lester Kelley 12/31/91 LMCD JoEllen Hurr 12/31/9x West Hennepin Human Services LaDean McWilliams 12/31/91 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 19, 1990 ATTENDANCE 7:00 P.M. The Orono Planning Commission '"■^t on the above vith nhe following members present: Planning Commission Cha. arlie Kelley and Planning Commissi<jn Meroers Jeffrey Johnso . -jreen Bellows, Ed Cohen, Jim Hanson, and Sara Moos. The following represented the City Staff: L'uilJing and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Cou .cil Representative Edward Callahan was present, as well as Councilmember Peterson. #1584 ROBERT RADUNZ - 1066 LOMA LINDA AVENUE AFTER-THE-FACT VARIANCE CONTINUATION OF PUBLIC HEARING 7:00 PM. TO 7:02 P.M. Mr. Radunz was present. Gaffron briefly reviewed Mr. ' . uan o application and showed the areat where hardcover will be re^ oved from the property. He said, "Hardcover will be reduced in ‘.;ie 0-75' zone from 6 61% to 1,12%. In the 75-250' zone, hardcover will decrease to 49.5% from 69.6%." Kelley asked Mr. Radunz whether his neighbors had any objection to the deck. Mr. Radunz stated that he has written documentati^. nrighbors indicating tnat the/ dw not ject to the loc tne deck. nis .n of There were no comments from the oiblic rec.*rding this matter and the Public Hearing 'vac closed. It was moved by Kei . jy, seconded by Cohen, to recc.nmend approval of tne hardcover, avern ikeshore setbac- ~*rd side setback Variances for an after - act deck, cone _.vyned on hardcover being decreased to 1.12% le 0-75’ zone and 49.5% in the 75-250' zone. Mo*-ion, Ayes-6, ‘ ^-0. Motion carried. #1591 ORVILLE FISRE^ CONDITIONAL USE PE CONTINUATION OF Mr. Fisher v?s. -et 34 P.M. TO 7:06 P.M. a iketch of Mr. Fisher’s property and : occurred. He saii, "The "ity Engineer believfrs this is an appropriate grading is more extensive than what is normally zone. The Gaffron dii -' -''. t where grdajL h.;,, reviewed this a. plan, even though it done. There was some grading work done in tne 0-75V J -- -^ -- - - - — ^ - ^ City required Mr, Fisher to immediately restore that area to its original state. Staff i. satisfied that the area has been fully restored." - 1 - 1^ w ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1591-FISHER CONTINUED There were no comments from the public pertaining to this application and the Public Hearing was closed. It was moved by Johnson, seconded by Moos, to recommend approval of a Conditional Use Permit for grading work at 3300 Fox Street, subject to Staff recommendations and based on the need for such grading to improve drainage conditions. Motion, Aj'es-6, Nays-0. Motion carried. #1600 RICK'S SUPER VALU - 3333 SHORELINE DRIVE VARIANCE/CONHERCIAL SITE PLAN REVIEW PUBLIC HEARING 7:07 P.M. TO 7:51 P.M. Mr. Richard Bloomquist, applicant, Mr. Bruce Kelley, Consultant with Planmark Engineering and Architecture, and Mr. Lyle Fuller, Representative for Super Valu, were present. The Affidavit of Publication and Certificate- of Mailing were duly noted. Mabusth reviewed the pertinent information relative to Mr. Bloomquist's application. She said, "Note that the addition will extend from the southwest corner of the building to within 10' of the we.st lot liu-^. This is due to a receiving dock that is proposed at 28 feet in width connected to a 45 foot addition." Mabusth asked Mr. Bloomquist how many parking spaces had been removed as a result of upgrading County Road 15. Mr. Bloomquist replied, "I believe that there were approximately 140 spaces prior to the County Road 15 project." Mr. Fuller stated that approximately 15 to 20 spaces were lost. Mabusth provided a brief history of the Super Valu property and previous applications (see Jeanne Mabusth's memo dated November 16, 1990). Chairman Kelley asked if any of the property owners living close to Super Valu were present this evening. There were none prt'sent C.hai. 'n Kelley expressed concern regarding the noise that may be ger ,:ted from the receiving dock on the west side of the buildin??- Mr. Fuller stated that the pi-*', is to split .n?: delivery syst^ for the store. He said, "The delivery system on the east side of the building would still be used. Because of the internal layout of the store, some of the deliveries would be made on the «#eot side." - 0 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1600-RICK’S SUPER VALU CONTINUED Chairman Kv^lley asked what times of the day deliveries would be likely to occur. Mr. Bloomquist replied, "All delivery traffic should be in and out by 11:00 a.m. Deliveries to the west side of the building will probably be completed by 10:00 a.m. The first deliveries would arri L'e around 7:30 or 8:00 a.m. The west side of the building will receive the frozen foods and dairy products. Shipments would be received only three days a week. There is a delivery dock already on that side of the building." Chairman Kelley commented, "The proposal is to bring that dock closer to the property line and the residential area." Mr. Fuller said, "This is not as intense as it appears. We can control the delivery hours at the time the delivery request is made. It is necessary to control the hours so there is no interference with customer parking." Chairman Kelley agreed that customer parking might make it difficult for the semi-trailer trucks to leave the premises. Mabustn next addressed the existing and proposed drainage for the proptirty (see Jeanne Mabusth's memo dated November 16, 1990). Mabusth said, "The City Engineer cannot c .firm that the proposed retention pond will address the dra ige from the addition because design specifications have not ceen provided. I have spoken with Ron Quanbeck from the Watershed District and he indicated that filing of the permit application has not yet been completed." Cohen recollected that in the past there has been significant concern expressed about drainage from the Kelly Avenue residents. Mabusth confirmed Cohen's statement Cohen stated that he was surprised that there were no Kelly Avenue residents present this evening. Mabusth noted that the only letter the City received came from a re.',ident on the north side of Shoreline Drive who supported che Super Valu expansion. She added, "That property owner is not impacted by the drainage from this property." Bellows asked if there are other drainage options to explore in the event the City Engineer determines that the proposed retention pond will not work. Mabusth replied, "Sccaff is recommending that no action be taken on this matter until such issues are resolved." - 3 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 I:: ZONING FILE il600-RICK*S SUPER VALU CONTINUED Chairman Kelley asked the Planning Commission to the parking stall variance proposed. rcmment on Cohen stated that it is difficult to consider an intensification of the building in con:;unction with a decrease in parking stalls. Hanson stated that he had the same concern, but questioned whether the applicant has done an occupancy survey. Bellows said, "Parking formulas are just that. I cannot say that I have ever driven by Rick's Super Valu and seen the parking lot full. I am not certain that decreasing the parking stalls is a real issue." Chairman Kelley asked Mr. Bloomquist whether his lot is used for parking by bus riders. Mr. Bloomquist replied, "I know of two people that use the parking lot for that purpose. If it begins to pose a problem, I may have to ask them to use the public parking across the street. Up until now, there have been no problems." Johnson stated that he concurred with Bellows. Cohen stated that rarely filled and that should not be an issue. he was not aware that the parking lot he too agreed with Bellows that parking Chairman Kelley stated that drainage is the next issue to address. Mr. Bruce alley said, "We are proposing a retention pond by constructing a dike, retaining the existing vegetation, and preserving the vegetation between the bituminous and lot line. We are also proposing to replace vegetation in kind to screen the pond. There will be approximately 8,000 cubic feet of additional storm water storage in the pond. The incr»=nsed drainage resulting from the addition will be approximately one-fourth of that. I have reviewed our proposal with Ron Quanbeck at the Watershed District. His concerns center on the storm water storage south of this property, on Kelly Avenu^'. There was a study done in 1972 to solve some of that problem, however none of the recommendations were instituted. There apparently is no significant property damage, only flooding of the street and low lands. The expansion will not increase that runoff, and may decrease the 100-year runoff level of the first low area by 1/lOth of a foot." Bellows stated that the building elevations need to be provided. She said, "The wall on the southwest corner of the - 4 - t.r ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE 11600-RICK*S SOPER VALU CONTINUED building is 14' nigh. That is a very steep slope coming from a very high retaining wail. The retention pond is deceptive because it is really'very shallow. The milding elevations is an important element that we are currently lacking." Mabusth concurred that the proximity of the retaining wall to Kelly Avenue may pose a problem not only from a drainage aspect, "but also from a safety standpoint. Mr. Bruce Kelley stated that there would b completely around the retaining wall. a railing Bellows stated that she did not think such a proposal would be aesthetically pleasing to the residents living in that area. She said, "I am also concerned that we are being asked to approve intensification of this building in the one corner that is facing and nearest to residential property." Mr. Bruce Kelley stated that screening is proposed for that area. Bellows said, "I would need to see what is proposed. I am having a difficult t j imagining how screening can occur without the benefit of terracxng." Chairman Kelley asked why it would not construct a retention pond with more depth. be possible to Mr. Bruce Kelley replied, "That is a possibility. There is a City water main running through that location which may restrict the depth." Chairman Kelley said, "The City ordinances require that drainage from a property be handled by that property. Because of the great amount of blacktop on this property, that is not being done. I believe that the proposed retention pond should be constructed to more effectively handle runoff currently coming from the property, not just that coming from the addition." Bellows stated that three-quarters of the retention area could be deepened without interfering with the City's water line. Mabusth asked the Planning Commission to consider whether they would recommend approval of expanding the receiving dock on the southeast corner of the store. Chairman Kelley replied, "I would feel more comfortable with t.he southeast corner of the store because the bank is located on that side." Mabusth noted that there are steep elevations on that side - 5 - ' I I’l mil Vi in’'i*frrii Ti ii i I’lMiii nifiViWtiiii' nil ; ■ n r"ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE il600-RICK*S SUPER VALU CONTINUED of the building as well. Mr. Bloomquist said, "Thare is currently grass on the 30’ hill. If the expansion took place on the southeast side of the building, it would be necessary to blacktop a portion of the hill." Bellows asked whether it would be possible to locate the addition further north on the east side of the building. Mr. Fuller stated that tnere are utility issues along the east side of the building. He said, "It is very expensive to move the utilities. VJe had initially looked at that and decided that it would be cost prohibitive to expand on that side of the building." Mr. Fuller referred the Planning Commission .to the sketch of the interior layout of the store. He said, "The proposal before you this evening is the plan that will best work with the existing layout of the store. We do realize that there is a problem with the elevations cilong the southwest side of the building. We will need to address the Fire Code requirements. The addition will also include a trash compactor." Bellows and Chairman Kelley asked what evel of noise will be generated from the trash compactor, how many times a day it will operate, and how often it will need to be picked up. Mr. Bloomquist replied, "I am estimating that the trash would be picked up once a week. The compactor will probably function six or seven times a day. I am not sure what the noise level is." Chairman Kelley asked whether ic would be possible to relocate the trash compactor to the east side of the building. Mr. Fuller replied, "That may be possible. With regard to the noise issue, please remember that thv^ Keaveny building is between Rick's and the residential area." Nabusth depicted for ths Planning Commission where the residential area is located in relation to the commercial properties. Johnson asked whether it would Kelly Avenue with a cul-do-sac. be realistic to dead-end Mabusth said, "Nearly all residents from that area, to which I have spoken, have indicated that they would like Kelly Avenue closed off as a through road. The access is too close to the intersection of County Road 15 and 19. Attempts to move west - 6 - I:I’;- ORONO PLAmUNG COMMISSION MEETING NOVEMBER 19, 1990 T::. In ZONING PILE #1600-RICK’S SUPER VALU CONTINUED from the intersection are restricted by cars slowing down for signal at the County Road L5 and 19 intersection. There are issues that would need to be addressed such as emergency vehicle response time. This issue would be a separate vacation application. I oelieve it makes sense." Johnson said, "I too think it makes sense. I think it would make this setback Variance a bit more palatable if Kelly Avenue were vacated." Mabusth added that there would also be more room for parking if Kelly Avenue were vacated. Chairman Kelley said, "I think we should proceed with this application with t.he premise that the road is not going to be closed." # Johnson said, "It would be possible for Mr. Bloomquist to petition the City to vacate Kelly Avenue. That is an option available to him." Chairman Kelley asked how long a vacation process would take to complete. Mabusth replied, "If it is Mr. Bloomquist's wish to pursue the vacation, it would be possiole for the Public Hearing to be held at the January Planning Commission meeting." Johnson said, "In my opinion, the vacation ot Kelly Avenue 5.8 required if the Super Valu expansion is to occur." Bellows, Moos, Hanson and Cohen concurred with Johnson. Chairman Kelley said, "There is additional information that we need :.n addition to the vacation. We need to see the elevations, sketch plans on screening and retaining walls, and the design for the retention pond. It will be necessary to consider what impact on drainage there may be if Kelly Avenue is vacated." There were no comments from the public and the Public Hearing was closed. It was moved by Kelley, seconded by Moos, to table application #1600, Rick's Super Valu. Motion, Ayes-6, Nays-0. Motion carried. - 7 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 #1601 WELDON t PHYLLIS DUNN - 40 STUBBS BAY ROAD SOUTH VARIANCE PUBLIC HEARING 7:52 P.M. TO 7:53 P.M. Mr. and Mrs. Dunn were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the Dunn's application (see MLchael Gaffron's memo dated November 9, 1990). There were no public comments regarding this application and the Public: Hearing was closed. Bellows commented that the Dunn's proposal appeared to have characteristics more similar to a room than a porch. Mr. Dunn stated that the addition will be, a three-season porch. Gaffron stated that the setback requirements are the same for a porch as they are for a threo-season porch or a room. It was moved by Hanson, seconded by Johnson, to recommend approval of the side setback Variance to construct an addition to the existing residence at 40 Stubbs Bay Road South. Motion, Ayes-6. Nays-0. Motion carried. •1602 DON COPLEY - 1185 TONKAWA KJAO RENEWAL VARIANCE PUBLIC HEARING 7:54 P.M. TO 7:55 P.M. Mr. Copley was present. The Affidavit duly noted. pjk ication and Certificate of Mailing were Mabusth stated thc.t there are no changes in this application from what tlr. Copley proposed approximately one year ago. She said, "The Planning Commission had previously denied the Variance for hardcover in the 75-250' zone. Council visited the site and reviewed this application at two meetings. Council approval was based on the apparent need for a turn-around to eliminate backing onto Tonkawa Road. Approval was contingent on removal of an existing shed." There were no comments from the public pertaining to this application and the Public Hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval of the renwal Variance for an addition to the existing structure at 1185 Tonkawa Road. Motion, Ayes-6, Nays-0. Motion carried. - 8 - A ORONO PLAmflMG COMMISSION MEETING NOVEMBER 19, 1990 #1603 IRNIN JACOBS - 1700 SHORELINE DRIVE VARIANCE PUBLIC HEARING 7:56 P.M. TO 8:05 P.M. Ms. Karen Quinby- Jensen Hones, w.is present as a representative for Mr. Jacobs. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth provided a brief review of her November 15, 1990 memo. She noted that if this parcel were combined with the estate parcel, it would be necessary to only consider approval ol two Variances. I' P -f it Kelley said, "I view this as two separate parcels. In my opinion, I cannot recommend approval of this proposal." Mabusth said, "Mr. Jacobs has submitted a 1-etter indicating a willingness to legally combine the parcels." Kelley said, "That would shed a new light on this application. I would be willing to consider the two parcels as a whole, once the legal combination has been completed." Cohen said, "I nm not su^re that legally combining the parcels would change my opinion. However, I am certain that I cannot approve four Variances for a 2.7 acre parcel." Moos agreed wi ^t she could not approve four Variances for a 2.7 acre parcel. Johnson concurred with Cohen. Ms. Quinby asked the Planning Commission, "Are you saying that you may not approve this even in the event the parcels are combined?" Kelley replied, "V/e do not know that for sure at this point." Ms. Qninby said, "You are asking that we combine the parcels and then come back again." Mabusth clarified, "The Planning Commission is asking you to bring back a plan showing the combined parcels." Bellows said, "My objections focus on the helter-skelter nature of the buildings and the coimnercial characteristics and placement of the greenhouse. I believe the structure would stand more of a chance if it were more residential in appearance. I also find it difficult to approve the construction of this greenhouse on a 2.7 acre parcel." - 9 - V#- p'"' I- OROMO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1603-JACOBS CONTINUED Hanson said, ”I gave this application gaite a bit of consideration and am perhaps the minority here. I agree somewhat with Maureen's comments relative to the structure itself. However, the property is effectively under the control of one owner. I believe that there are e.xceptions to the basic planning considerations to which we have a responsibility to adhere. Our particular set of ordinances do not help us address properties of this nature. Given the size of the parcel, if combined, I do not object to this proposal." Bellows compared this proposal to the Pillsbury application. She said, "Though this parcel is larger in size, and t’erefore less danse, the structure proposed is not in keeping with the exceptional nature of this property. My inclination is to deny this, or table it to allow the applicant time to bring back a proposal for the combined properties." Ms. Quinby stated that the greenhouse will be located far enough back on the property so it will be virtually impossible to see from the road. She said, "If it is necessary for us to combine the properties in order to have a chance for approval, I would prefer that the matter be tabled." There were no public comments regarding this application and the Public Hearing was closed. It was moved by Cohen, seconded by Bellows, to table application #1603, Irwin Jacobs. Motion, Ayes-6, Na/s-0. Motion carried. Ms. Qiinby asked when this matter would be scheduled for review again. She said, "If I had known this was going to be tabled for us to combine the properties, we would have done that prior to this meeting." Mabusth asked the Planning Commission to provide some direction to the applicant. She said, "You have tabled this to allow time for the applicant to combine the parcels. The applicant has submitted a letter indicating his intention to do that. What additional information would you like to see? What were your other rea ^or tabling?" Kelley said, 'By combining the parcels, the property owner has more leverage " Ms. Quinby reiterated that it has been Mr. Jacobs' intention all along to combine the parcels. MaLusth noted that it would be necessary to grant certain Variances even if the parcels are combined. She asked the Planning Commission why they are tabling this application. She - 10 - ORONO PLAimiliG COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1603-JACOBS CONTINUED said, "It is n-Bcessary to approve Variances because your code does not address accessory structures for an estate of this magnitude. However, Maureen raised another issue, wiich is the aestnetic characteristic of the greenhouse structure. Is that an issue that must be addressed in order for the P,.anning C TuT*ioSion to give a positive recommendation?" Bellows replied, "That issue is important to me." Hanson replied, "If a greenhouse of this design were going to be constructed on a five-acre parcel. I would feel more strongly about aesthetics." Ms. Quinby said, "You may look at the aesthetic nature of the greenhouse. However, the flowers that will be grown in the greenhouse will supply the 6300 square feet of flower beds on the property. That aesthectically enhances the property. I can understand why Mr. Jacobs would prefer to grow all those flowers on site." Cohen said, "I would still like to see the properties combined prior to giving a recommendation. I would like to see a layout of tie entire parcel showing where the accessory structures are located. Density is not an issue if the buildings are soread out. However, if they are located fairly close together, that is entirely different. I cannot determine that by looking at the information presented this evening." Hanson said, "I would feel comfortable acting on this, I would vote positively, contingent on the properties being legally combined.” Johnson concurred with Hanson Kelley asked what unique hardships could be cited to avoid the possibility of sett ^ a precedent. He said, "We are considering approval of . .ance to an ordinance that we just passed. Where do we draw che line as to what constitutes an estate?" Johnson said, "In ny opinion, the size of this parcel, which is located in a two-acre zoning district, is a unique characteristic." Ms. Quinby said, ”It is my opinion that the “wo full time caretakers that are housed on the property constitute a unique characteristic. It is unlikely that someone with a five-acre parcel would have two full-time caretakers. Also, if this application is delayed, it will not be possible to use the greenhouse until next year. That is why we are trying to get this approved at this time." - 11 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1603-JACOBS CONTINUED Hanson said, "Th«3 C^ty ii possession of a letter indicating Mr. Jacobs' willingness :o legally combine the parcels. * I would be willing to recommend approval based on that. •' It was moved by Cohen, seconded by Johnson, to withdraw the .notion to table this application. Motion, Ayes-5, Cohen. Nay. Motion carried. It was moved by Hanson, seconded by Johnson, to recommend ano’-n^al of the following Variances, provided that the parcels ^ally combined: (1) Five oversized accessory structures on erty that already contains one, for a total af six . zed accessory structures; and (2) a Variance to allowed tovc area for accessory structure on a property. The allowed ’s 6,00u s.f., proposed is 10,795 s.f. Tne hardship is the size of this parcel in relation to the zoning district, in wnich it is located. It is further recommended that the applicant provide \ comprehensive plan of the combined parcels for Council review and that covenants be filed on the chain of title pertaining to the accessory structures and future subdividing of this parcel. Motion, Ayes-'l. Bellows and Cohen, Nays. Motion carried. Cohen believed that the application w.as forced ane.ad and preferred to see a comprehensive plan before making a recommendation. Bellows concurred with Cohen and reiteratad her comments regarding the commercial appearance of this nr^enhouse structure. #1604 CLAIR ROOD - 2215 KENVTOoD WAY CONDITIONAL USE PERMIT PUBLIC HEARING 1:30 P.M TO 8:40 P.M. Mr. Rood was present. The Affidavit of Publication and Certificate of Mailing /ere duly no ad. Gaffron summarizeu the information contained in hin November 15, 1990 memo. Ms. Lorraine Moss, 3.335 Crystal Bay Road, expressed concern about Mr. Rood’s proposal destroying the characteristic of the wetland. She stated that the wetland is a wildlife habitat and that she would hate to see anything happen to change it. Mr. Rooo s.aid, "I have lived on I i property for two years and have seen little wildlife in the wetland. The culvert that extends across Navarre Lane has been there for some time. When I bought this property, the house was unfinished. The body shop on the corner dumped all of their trash ir f pond for .rny years. I have changed my proposal and no longe , tend to dig t.hc pond to a twelve foot depth. The Army Coi.p Engineers sent me a letter indicating the ramifications of doing that. My i’cveyor - 12 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 now be five feet deep with a to excavate the oond r.o there ZONING FILE #1604-ROOD CONTINUED has re-drawn the pond and it will gradual slope on the sides. I want is some water in there. I do not intend to destroy any of the wildlife habitat. I started cleaning out the debris and found that there is a 4" gas I’.ne exposed near the cjlvert under Navarre Lane." There were no further comments from the public regarding this matter and the Public Hearing was continued. It was moved by Cohen, seconded by Moos, to table this application until further, necessary information is received. Motion, Ayes-6, Nays-0. Motion carried. #1605 DR. RICHARD LINDSTROM - 1065 WEST FERNDALE ROAD VARIANCES PUBLIC HEARING 8:43 P.M. TO 8:49 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Paul Bedker, Dr. Lindstrom's Architect, and Mr. Charles Lindstrom, were present. Cohen indicated that it v/ou .d be necessary for him to abstain from discussion and voting on this matter because of his professional! relationship to the applicant’s representative. Gaffron reviewed the information pertaining to Dr. Lindstrom's application (see Michael Gaffron's memo dated November 1:5, 19 90). Bellows said, "Before we get too involved in discussion, I would like to say that I see absolutely no hardship for the Variances requested. I find it hard to believe that such -.equests have been brought before us." Hanson said, "I a^gree with Maureen, but feel that everyone must have their opportunity to p esent their case. It may be that our Code does not fully address the average lakeshore setback in relation to this property. However, that is a moot point, because I cannot consider the o^.her aspects of this application." Johnson asked Mr. Bedker if consideration was given to the City's setback and hardcover requirements when designing the proposed additions. Mr. Bcidker replied, "The plans before you represent the ideas of Dr, Lindstrom." Kelley said, "From my point of view, I may vote favorably for the second story addition. If you wish to submit a new - 13 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1605-LINDSTROM CONTINUED application showing only the need for an average lakeshore setback Variance, I ^vjuxd consider that." The Planning Commission agreed with Kelley. Bellows added that she may have difficulty approving even the secoid story addition. There were no public comments regarding this application and the Publio Hearing was continued. It was moved by Kelley, seconded by Johnson, to table application #1605. Motion, Ayes-5, Nays-0, Cohen abstained. Motion carried. #1606 BIG ISLAND, INC. - BIG ISLAND RECORD LOTS 12 & 19 CONDITIONAL USE PERfllT PUBLIC HEARING 8:50 P.M. TO 9:05 P.M. Mr. Thomas Judd was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth provided a brief summary of her November 14, 1990 memo. Kelley asked how this use varied from that of the Pov/er Squadron. Mabusth replied, "The question is more how this varies from the use proposed for Deering Island. That was denied because it was proposed by a 'for profit* organization. It is supposed to be non-profit." Mr. Judd referred to a letter he had written in January, 1985, setting out the use and ownership information. He said, "Basically, we are comprised of a group of people, mostly from the Excelsior area, who wished to have a bit of Lake Minnetonka and Big Island for private use, but could not afford to live on the lake. This group came together informally, at first, to try to form an organization to purchase some property. V?e bought parcel Th/o and it was determined that the manner in which we wished to use it long terra, would not comply. We then began negotiating to purchase Lot One, and were successful in doing so. We had survey information indicating that the combined lots exceeded five acres. The group consists of approximately 40 families that are owners. The property is used as a recreational, day use primarily, with some overnight camping. The average number of boats at the docks is approximately two to four. The highe.st use that I have seen may have approached 100 people. We do not have a 'for profit' organization. We usually operate at a loss and receive subsidies from the owners for - 14 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606>BIG ISLAND, INC. CONTINUED Operating expenses. I would like to apologize to the Planning Commission. It was my understanding that the necessary permits were to be obtained and had assumed that had been accomplished." Kellay said, "The issue is v/hether or not there are five acres." Mr. Judd explained, "It was our understanding, from a 1986 survey, that we had at least five acres. According to the surveyor, the survey was drawn taking into consideration the proper elevations for wetlands. However, I have been unable to confirm that." Kelley said, "If we assume that the parcel is five acres, then all other criteria is met." Hanson questioned whether the non-profit organization aspect is a serious issue. Mr. Judd stated that his group has not filed the appropriate documents to obtain a non-profit organization designation. Hanson asked if it would pose a problem if the group were asked to do that. Mr. Jude’ replied, "We would meet the qualifications and would do that if necessary. However, it is a tedious process." Bellows stated that it is difficult to classify this use. Hanson saic, "I am asking for the non-profit designation to •assure that this is not a real estate investment." Mr. Judd replied, "It is not a real estate investment. We tell people coming in, if that is their intention, that this will not meet their needs and will disappoint them and that they are not welcome. The people involved have a definite idea about how this property is co be used. It is purely recreational. If we were an association, rather than a corporation, it would be necessary to meet. The corporation was a vehicle to serve this organization with multiple owners. We needed to acquire financing in order to purchase the property." Bellows asked Mabusth to elaborate on the use of the structure. Mr. Judd explained, "The structure was originally built as a single-family, seasonal residence." Bellows said, "Th.at is what concerns me about its use for so many people. I have questions about liability, fire and toilet - 15 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED facilities." Mr. Judd replied, "There is a plumbing in the facility on Lot One. an outhouse." septic system and indoor On the other lot, there is Bellows asked what standards would apply to allow the house to be used in this manner. Mabusth noted all pertinent standards of the ordinance, similar to the type of review completed for Big IslanJ Veteran's Camp. Bellows stated that she would like the City Attorney's opinion on the organization, and the City's liability for the residential structure being used in this manner." Mabusth stated that the City Attorney's opinion would be obtained. Mr. Judd advised that the structure is used primarily as a shelter in the event of inclement weather. He said, "Most of the visitors to this site come in open boats and run-abouts. The house is the only shelter on the island. From time to time people stay overnight in the facility if they make appropriate reservations and pay a deposit." Bellows asked how that is policed. She said, "We were very careful in requiring certain criteria for the Veteran's Camp. I see no such criteria here, even though this is a similar use." Cohen said, "Mr. Judd just referred to making reservations and taking deposits. That sounds like a business." Mr. Judd explained, "That is merely prudent management of the facility. We want to make sure that only one couple is staying there overnight and they are responsible for the care and maintenance of the facility. The security deposit is used to pay for utilities and insurance." Kelley asked, "If all other criteria is met, would the Planning Commission recommend approval of this use for the property. The City is trying to encourage this type of use for Big Island. From my point of view, I would like to see something like this happen out there. Tne question is what needs to he done a:id what criteria must be met to accomplish that. I would recommend that Staff work with the applicant." Cohen recommended that the corporation necessary to obtain a non-profit designation. whatever - 16 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED The Planning Commission agreed as a whole that: it would like to see this application approved, provided all aspects or sarety, legal liability, etc. can be properly addressed. Ms, Deborah Page, a representative of the Erickson's, owners of land adjacent to the subject property, stated that she had sent a letter to the Planning Commission members expressing her client's concerns. She said, "If City Staff works with Big Island, Inc., I believe that my client's concerns will be addressed." Cohen suggested that Ms. Page may wish to also work with City Staff and Big Island, Inc. There were no further comments from the public and the Public Hearing was continued. « It was moved by Cohen, seconded by Moos, to table application #1606, Big Island, Inc. Motion, Ayes-6. Nays-0. Motion carried. REBERS CONSTRUCTION - 2008 SUGARWOODS DRIVE REQUEST TO ENCROACH FRONT/STREET SETBACK AREA Mr. Sid Rebers, Mr. Stephen Pflaum, Mr. Rabers' attorney, and Mr. Bob Kost were present. Mr. Pflaum began by providing a history of the events that had taken place to determine how these requests would be addressed by the City, Planning Commission and Council. He then addressed the specific request before the Planning Commission this evening. He said, "This house meets the design criteria of the Sugarwoods Comprehensive Plan. The house is all but completed and the owners are due to move in shortly. The property ov;ners do not want to have the turn-around located in the front yard, adjacent to the house. They v/ould prefer it to be on the other side. It is my understanding that the square footage of the driveway and turn-around would be less than the driveway approved v;ith the building permit. However, the revised proposal does encroach into the 50' front street setback area. This is the largest lot in the subdivision. The total construction on this lot is substantially less than what is allowed. The property owners have consumed everything and are now asking for more space. This is a design and aesthetic issue with the homeowner. In the future, to avoid this situation from occurring after the house is constructed, we would ask the builders to v/ork v/ith Staff so that these situations may be brought before the Planning Commission before the building permit is issued. We will probably be coming before you v/ith a majority of the lots in this subdivision. We are also considering an abbreviated procedure - 17 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 REBERS CONSTRUCTION CONTINUED for aoproval which would require oaly Pl<Linning Commiasion approval and eliminate the need for Council review." Planning Commission laembers thanked Mr. Pflaum for hJ s comments. Kelley stated that with either proposal, the drivev;ay width is more than 20' within the 50’ front street setback line. Mabusth showed how Staff had measured the driveway width. She said, "There is a triangular section that was taken out because it did e;:cend beyond the allowed 20 foot width." Kelley stated that he v/ould have measured the driveway using a different method. Hanson clarified, "Staff measured perpendicular to the center line of the drivev/ay, as opposed to 20' straight in. Bellows stated that it w'lS the intent of the Planning Commission to keep the driveway width as narrow as possible. She said, "It was my understanding that the driveway would be a straight shot, and would consume the least amount of that area as possible." Mr. Pflaum stated th..t the resulted from the topography. curved drivev/ay configuration Kelley said, "The curve may be appropriate for this lot. However, in the future, I want Staff to understand that the Planning Commission would like the driveways to come in as straight as possible to the building pad. Beyond that point, the homeowner may do as he/she wishes." Mabusth asked whether it would be necessary ho have the Planning Commission review each driveway that did not C(^me straight into the property. Kelley and Cohen believed that it should be left to Staff's discretion. Bellows objected. She said, "I am very disturbed to see that we are being presented with these after-the-fact. It should have been vary clear at the permit stage that this did not meet our objectives and requirements. I agrae that the homeowner should not have had to put the turn-around in his front yard. However, the house plans should have been adjusted accordingly, rather than asking the City to adjust its standards. That is why I am concerned about leaviiig this type of decision to Staff's discretion." - 18 - r-ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 REBERS CONSTRUCTION CONTINUED Kelley said. "Vie are being asked to review and vote on these applications. If Council agrees wLth an abbreviated procedure, it would not bt3 necessary for Council to reviev/ each of these cases. Another alteration I would like to see in this process is that comparable area within the building envelope be reduced if alternate back-up aprons are approved within tlie 50' front street setback area." Mabusth stated that is already being done. Hanson said, "In my opinion, the problem is an inappropriate plan for the considerations." Cohen said, "I agree. However, the house is constructed. Our purpose this evening is to vote on the Variance and I have indicated to Mr. Pflaum that I see no problem with this." It v;as moved by Cohen, seconded by Johnson, to recommend approval of the turn-around and drive\/ay configuration for 2008 Sugarwoods Drive as proposed, and that screening be provided from the street. Bellows asked if the motion could be amended tc include language stating that this in no way sets a precedent and that each property will bo looked upon individually. Cohen amended his motion to include Bellow's statements. Johnson, seconded. Motion, Ayes-6. Nays-0. Motion carried. COMPREHENSIVE PLAN AMENDMENT NO. 3 It was moved by Cohen, seconded by Hanson, to recommend approval of the Comprehensive Plan Amendment *3 as proposed by Staff. Motion, Ayes-6, Nays-0. Motion carried. #1607 GARY MROZ - 65 FERNDALE GREEN SKETCH PLAN REVIEW Gaffron displayed Mr. Mroz's sketch plan and r. viewed his proposal and the related issues (see Michael Gaffron *s iiemo dated November 13, 1990). It was the consensus of the Planning Commission that access for Lot One be achieved via an outlet. Johnson asked whether thj s property currently exists as two separate parcels, or as one. Gaffron stated that the property currently consists of three separate ta:t parcels which are all owned by the Golf Course. Johnson said, "I would not be able to support this. I think the proposal is too contrived. There is no road frontage other than Highway 1.2." Mabusth noted that it may not be necessary to grant lot - 19 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1607-MROZ CONTINUED width Variances if an outlet is designated for access. Johnson asked about the ramifications due to the wetland. Gaffron asked riabusth what information she and the City Engineer were able to gather after a site inspection. Mabusth replied, "We were able to determine that the wetland is classified as a Type 6 and that it would be best to follov/ the designated wetland area." Gaffron asked the Planning Commission for their opinion regarding the need to cross the wetland to access the property. Bellows stated that this property may be another that is not suite.-Jie for subdividing. She too thought the proposal for subdividing to be contrived. Cohen stated that the property has one buildable lot. Hanson concurred. Jiohnson suggested that it may be rime for the Wayzata Country Club to take a comprehensive review of the property they intend to sell, rather than selling it off in a piece-meal manner. Kelley asked where the secondary septic system is proposed to go Gaffron stated that a septic tester has been out to the site and that it may be possible to have both primary and alternate on each lot. He added that it may be possible to extend sewer to this property. Hanson said, "It appears that there are many Variance issue that would need to be addressed." Kelley stated that the subdivision proposal should not require any Variances. Gaffron informed the applicants that it will be necessary to receive Variance approval and a Conditional Usl- Permit from the City of Orono to cross the wetland. Mr. John Powers, owner of property north of the subject property, stated that he supports Mr. Mroz's plan. Gaffron also stated that the v/etland will have to be defined to determine the amount of contiguous, dry buildable. - 20 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1607-MROZ CONTINUED Mabusth asked Mr. Elliot if the wetland had been defined by following the designated wetland or by the use of elevations. Mr. Elliot replied, "The elevation extends out onto the fairway of the Golf Course. On the two sides of the wetland, there is an elevation, but no definition on the western or eastern boundary." Mr. Mroz asked the Planning Commission if they would vote negatively if the only Variance issue was crossing the wetland. Kelley replied, "No." Bellows stated that it would be unlikely that the wetland issue would be the only Variance. Cohen stated that he would look favorably on* the subdivision if the wetland Variance was the only issue. APPROVAL OF MINUTES-OCTOBER 15, 1990 PLANNING COMMISSION MEETING The Planning Commission did not receive a copy of the October 15, 1990 minutes to review. This item was tabled until the January 15, 1991 Planning Commission meeting. PLANNING COMMISSION REPRESENTATIVE It was agreed that Maureen Bellows would be the Planning Commission representative at the December ID, 1990 Council meeting. ADJOURNMENT The November 19, 1990 Planning Commission meeting adjourned at 9:55 p.m. - 21 - MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD NOVEMBER 5, 1990 ATTENDANCE 7:10 P.M. - The Park Commission met on the above date with the following members present: Chairperson Richard Flint, Bruce Kokal, Susan Wilson, Phil Bradley, Lester Kelley, and Jim Gilbert. The following represented the City staff: Public Works Director Gerhardson and Septic Inspector Weckman. The following persons were absent: Alexander Vongries and Lee Erger. APPROVAL OP MINUTES - TOPICS OP DISCUSSION: - Sandy Beach Swim Area Bederwood Park Bike/Hike Trail Park Dedication Fees - Wildhurst Estate Lafayette Marsh Jet Ski Ordinance Skate Board/Roller Ski Ordinance 1991 Meetings Community Education Joint Meeting SANDY BEACH SWIM AREA - John Gerhardson had sent notices of the Park Commission meeting to the residents bordering the Sandy Beach Swim Area and several attended to express their points of view. The September 12th meeting mjnutes were read. The action taken at that time was to not install a dock for the summer of 1991 at Sandy Beach and to close the Beach at 7:00 p.m. John Gerhardson reported that no swimming lessons had been given at the Sandy Beach area by either school district for the last three years. The following residents spoke concerning the Sandy problems: Beach Mr. & Mrs. Richard Nelson, 3908 Cherry Avenue The Nelson live right next to the Sandy Beach Swim Area and spoke of the continuing problems of disruptive and abusive behavior by teens at the Beach area. This is not a single incident circumstance but a problem which has existed over several years. They do not want to close the Beach but have requested dock removal and an early closing time to allow them to enjoy their property. Mr. Burce Feldman, 3898 Cherry Avenue Mr. Feldman reiterated his position by reading his letter to Mr. Gerhardson, MINUTES OP THE REGULAR ORONO PARK COMMISSION MEETING HELD NOVEMBER 5, 1990 Kathryn Miller, 1635 Shadywood Road She has used the Beach with ner family for 24 years and thinks the 7:00 p.m. closing time is too early and that the children need the dock for enjoyment and to learn to be good swimmers. Jeff Johnson, 3835 Cherry Avenue Mr. Johnson thinks the Beach is an important area wide amenity which should not be cut off. He is opposed to a 7:00 p.m. closing time. Mary Opheim, 1430 Cherry Place Mary has lived in the area lor 19 years and thinks the Beach is a real Community resource. She commented that many of the people in the area had not received letters about this meeting. She would hate to see the Beach closed at 7:00 p.m. After the Commission listened to the residents' presentations, Mr. Flint asked for a show of hands on how the residents felt about the 7:00 p.m. closing time and the removal of the dock. Four voted that a *^:00 p.m. closing time was too early and three voted that they were oposed to the dock removal. The Park Commission discussed different options for solving this problem of abusive behavior, noise, and property damage by certain teens who frequent Sandy Beach. Police protection to help with the problem was suggested. Lester Kelley moved, and it was seconded, that the dock at Sandy Beach not be installed in the summer 1991 and that the Beach close at 8:30 p.m. and that more police protection be provided. Ayes 5, nays 1. A motion was made and seconded to request that the Police Chief increase patrolling on a regular basis at Sandy Beach. Ayes 6, nays 0. BEDBRffOOD PARK - Cherokee Ilse and Linda Whitman from the Bederwood neighborhood group reviewed their Bederwood Park plans with the Commission and requested the toddler playground equipment be installed in the spring of 1991 and that the skating rink be useable by the winter of 1991. Mr. Gerhardson is looking into the possibility of leveling an area for a short soccer field for t.\e use of younger soccer players. A motion was made and seconded to recommend to the Council the purchase of additional playground equipment for Bederwood Park and the creation of recreational skating rink with benches to be installed in 1991. The estimated cost to be $20,000. Ayes 5, nays 1. MINUTES OP THE REGULAR ORONO PARK COMMISSION MEETING HELD NOVEMBER 5, 1990 BIKB/HIKE TRAIL - Dick Flint reported to the Commission that the City Council had voted in favor of the developer on the Fullerton Property bike/hike trail easement restriction. Orono cannot start work on the trial until it connects to something. The Commission is interested in pursuing the trail to the school. A motion was made and seconded that the Park Commission request an easement across the property between Willow Drive and Old Crystal Bay Road North, south of County Road 6. Ayes 6, nays 0. PARK DEDICATION PEES - Wildhurst Estate & Lafayette Marsh Steve Weckman presented to the Commission the Park Fee calculations for Wildhurst Estate and Lafayette Marsh. Commission members discussed the appropriateness of bike/hike easement on these properties. After consideration it^ was decided to accept the Park Dedication Fees. JET SKI ORDINANCE - The Long Lake Jet Ski Ordinance was re'^iewed and the Commission recommended the adoption of the ordinance relating tc the use of personal watercraft as approved by Long Lake. SKATE BOARD/ROLLER SKI ORDINANCE - The Park Commission took no action as they felt they were not the proper -hannel for these decisions. 1991 MEETINGS - The first Monday night of the month was selected as our meeting night from January through April 1991. We will meet the first Tuesday night from May through December 1991. COMMUNITY EDUCATION JOINT MEETINGS - The first joint meeting of the park commissions included in the Orono School District was chaired by Toni Bergland, Community Education Director. It was attended by several Orono Commission Members. The following meetings of this group will be attended by just two members of each Park Commission to make the exchange of information easier. The Orono representatives are Jim Gilbert and Lester Kelley. ADJOURNMENT 10:30 P.M. The regular Park Commission meeting was adjourned at 10:30 p.m. The next meeting will be Tuesday, December 4, 1990 at 7:00 p • m • ik--C::. >■ i.' :v If; 'i 'll;- LAKE MINNETONKA CONSEUVATIUN DISTRICT v - Action Report: Meeting: Lake Use CommiLbee Monday, November 26, 1990, 4:30 o.in. Sherewood City Hail Members Rresenh: Robert Piilnbury, Chair, Minnetonka; lb-it Foster, Vice Chair, Deephaven; Marvin Bjoriin, Tonka Bay: Janjos Grathwol, Excelsior. Also present: Sgt. William Chandl»-r. Sheriff’s Water Patrol, Steven I alien. Prosecuting Attorney, Rachel Thibault. Administrative Technician, Eugene Strommen. Executive Director. The meeting was called to order by Pillsbury at 4:40 p.m. 1. BWI Appeal The Committee received a momo from Steve Toi Len. LMb'U Prosecuting Attorney, in which he outlined the issues involved in the Freeman vs. Commissioner of Natural Resources BWI case. Tallen has discussed the Judge's ruling with members of the Attorney General’s staff. Their opinion and Tailon’s opini'm is that tile case should be appealed. Tallen's reasoning is fold. if the ruling to not rescind Freeman’s boating privilenes and the impoaitLon of the $5U0 fine is allowed to stetnd, it sets a precedent for other violators to use Llie samf? methods t-'.-r avoiding breath and/or urine samples. The appeal .sends a mescn.ge to lake u.sers and to the Sheriff’s Water Patrol tliab LHCD will back up tlie officers. The cost of appeal was discu.:.‘ied. Tallen said the legal I'te would be no more than $2,000. There would be an esMmated $b00 for transcript cost and possiblv $500 if a resp-'nse to tf<e defendant’s brief is neces.sary. I'he appeal must he filed hv November 3U. Noting the next Board meeting is December 5. fallen stcited can file the appeal. If it is not approved by the Board the " tion can be dropped with only minin.^1 cost. Grathwol moved. Piil.5bury se- unded, to recommend an ;.«pp‘ iL of Judge Johnston’s ruling in the; Freeman case be approved 0.3 filed by November 30. Motion cani»:rd unanimously. Water Patrol Report A. Chandler extended an invitation to a retirement party for Captain Doug Eidem, Friday, November 30, 1 to 5 p.m.. Water Patrol Headquarters. Capt. Eidem has been with the Sheriff’s Department for 34 years. _ . , B. Chandler proudly announced the Hennepin County Sherift s Department has received Law Enforcement Accreditation, the fir.st County Sheriff’s department in Minnesota to be so recognised. Pillsbury moved, Foster seconded, to recommend extending congratulations to the entire Sheriff’s Department. Mot i'.'fi carried unanimously. Lake Use Committee November Tib. 'f V i b,'i.-i' C. Chandler reported the Water Patrol is brin^in^ their records of all temporary structures on the Lake, such as buoys, swimming rafts, etc. up to date. D. The Water Patrol is holding Deputy training s*=».ssinns ^n ice rescue techniciues and winter rule enforcement in prepar.'^il i*'ii for the winter season. 3. Personal Watercraft (PW) Sub-Committee Regarding MN DNR Bill for an Act Regulating PW. Recommendation Foster reported the PW sub-committee has reviewed the MN PMR proposed Bi^l for an Act regulating Personal Watercraft. Concerns were expressed about Section 3, Subd. 1, Item .3, requiring PWs to operate at slow-no wake speed when within 150 feet of another moving watercraft. The sub-committee concluded this creates a safety risk where the PW would be required to operate 5 MPH while other boats could pass by tliein al .30-40 Mid. Foster moved, Bjorlin seconded, to recommend the acceptance of the sub-comn.ittee suggest! ns for the following changes and additions to the MN DNR proposed bill, endorsing the bili as so amended: Section 3 Subd. 1 (3) to read: within ItU feet of any shoreline, dock swimmer or other moored or apchored watercralt. at greater than siow-no wake spi- od: Section 3 Subd. 1 Add a new Section « renuinbe r I rig rcm.iining sections: To busz, chase or spray any otlier watercraft. Motion carried unanimously. 4. Amendment to Code 3.041 Subd. 2 PW Flotation Devices. Grathwol moved, Bjorlin seconded, to recommend adoption of an Ordinance Relating to Personal Watercraft Flotation Device.s; Amending LMCD Code Section 3.U41, Subd. 2 and Subd. 9. an amendment which specifies United Scates Coast Guard approved wearable personal flotation devices. Motion carried unanimously. 5. Deposit Refund Grathwol moved, Bjorlin seconded, to recommend the depo.sit refund to the Minnetonka Yacht Club for 199U Consolidated Rnoo Schedule (last race - October 27th) Motion carried unanimously. 6. Commercial Sales on the Lake - Code 3.01 Subd. 18 The Executive Director called the committee's attention to Code 3.01 Subd. 18 which prohibits commercial sales cl food, etc. from a watercraft on the Lake but makes no provision for sales on the ice. After discussion, the Committee consensus was that there are few such sales taking place and none are creating a problem. No action was taken. W'' Lake Use Committee 7. Review of Special Event Report Summary Form November 26, 19y0 Thibault distributed a suggested inquiry form to accompany applications for special events. The committee sufCficsted the form’s submission be required before LMCD would rotund the deposit. It will assist in preparing lake use statistics. A MN DNR form for tournament fishing reports will be copied to LMCD as part of fishing contest reporting procedures. 8. News Releases The Executive Director distributed a news release regarding the buoy »amoval deadline and a news item regarding winter recreation rules on Lake Minnetonka. 9. Deicing Refund The Executive Director submitted a request for a depo.sit refund from Dennis Carlson, 5180 Queens Circle, Greenwood, for his 1988 deicing permit. There were LMCD costs involved becau.se of a citation issued for a fencing violation. The LMCD did not prevail when the court decided ice conditions prevented proper fence installation. Attorney LeFevere advised the citation is a separate consideration from the deposit conditions. Grathwoi moved, Foster seconded, to recommend the $100 deposit refund to Dennis Carlson for his 1988 deicing permit be approved. Motion carried unanimously. 10. Lake Minnetonka Lakeshore Owners Association (LMLUA) to Editor LoLLcr The Executive Director distributed copies of a letter to the editor from Sky Magary, LMLOA, published in THE SAILOR on 11/21/90. The Committee agreed a response is appropriate, but on positive basis. The Executive Director will prepare a response before the 11. Adjournment There being no further business to come Committee, the meeting was adjourned at 5:40 p.m. FOR THE COMMITTEE: Eugene Strommen, Executive Director Robert Pillsbury, Chair LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIR£CTORS AGENDA Regular Meeting, 7:30 p.m., Wednesday, December 5, 1990 Tonka Bay City Hall 4901 Manitou Road (County Road 19) 1. Call to Order 2. loll Call 3.loading of Minutes: 10-24-90 Regular Meeting; City of Greenwood requests that its objections to the Management Plan be recorded in the minutes; City of Victoria similarly stated certain objections not recorded in the minutes. 4. Public nta - from persons in attendance not on agenda 5.Chair Import, Cochran A. Director resignation, John Malinka, Victoria Director replacement, John Lewman, Minnetrista LMCD Open House proposal introducing new offices "Save the Lake" annual recognition dinner date change to Thursday, February 21 Additional announcements B. C. D. E. 6.CoHittee Imports A. ADVI80IT, Chair Rascop 1) Final approved draft status report, subject to Met Council review 2) Shoreland Rules Adoption consultant contract, recommer.ding approval of the contract as updated per enclosed copy 3) Additional business B.WATER STRUCTURES, Chair Grathwol 1) Approval of minutes, meeting of 11-17-90 2) Ordinance relating to Special Density Licenses for Docks, §2.05, Subd. 4, relating to amenities; recommending adoption as presented in final ordinance form. 3) Deposit refunds, recommending approval, for: * New dock license and Special Density application. City of Wayzata, $200 * District Mooring Area license deposits of $100 each: City of Decphaven Minnetonka Yacht Club City of Excelsior Wayzata Yacht Club Methodist Lakeside 4) Additional business C.lUIASlAN WATER MILFOIL TASK FORCE, Chair Reese 1) Interim report on operations progress 2) EWM/Savc the Lake combined fundraising campaign progress (over) h' 0 • r “"S•f k I' in- VV 0,. LAKE MINNETONKA CONSERVATION DISTRICT Board Agenda 12-5-90 .i. ■: D.LAKE USE, Chair Plllsbury 1) Approval of minutes, meeting of 11-26-90 2) Freeman vs. Commissioner of Natural Resources BWI case, recom mending approval of appeal of the ruling as filed 11-30-90 3) Recognition recommended to Hennepin County Sheriff's Department for accreditation of their law enforcement operations 4) MN DNR Bill for an Act regulating Personal Watercraft, recommending araendnent to Section 3, Subd. J regarding speed and operation, endorsing the Bill for an Act as herein amended 5) AsiendBent to LMCD Code S3.041, Subd. 2 and Subd. 9, reconmending adoption of the Ordinance relating to Personal Watercraft Flotation Devices 6) Deposit refunds, recommending approval of refunds for Minnetonka Yacht Club, $100, Special Event Consolidated Race Schedule; and Dennis Carlson, 1988 deicing deposit, $100, withheld due to a conflict with litigation underway at the time Water Patrol report Additional business 7) 8) E.rUANClAL REPORTS, Tre .rer Boswinkel 1) Statement of cash ciansactions, month enoing 10-31-90 2) Audit of vouchers for payment F.EXECUTIVE DIRECTOR, Strommen 1) Personnel progress 2) Mileage travel reimbursement, recommending adjustment to $.26/mile 3) Personnel vacation schedule, December, January 7. Ukifiaished Business Mev Business A. Official newspaper designation, recommending the Sailor Newspapers, Wayzata edition, and including publication in the Excelsior, Minnetonka, and Westonka editions Annual calendar draft for review and adoption Additional business B. C. 9. Adjoumaent 11-28-90 LAJCE MINNETONKA CONr>EliVATION DISTRICT Action Report: Water Structures and Environment Committee Meeting:Saturday, November 17, 1990 7:30 a. in. Shorewood City Hali Members Present: James Grathwol, Chair, Excelsior; Douglas Babcock, Vice Chair, Spring Park; Jan Boswinkei. Minnetonka Beach; Robert Pillsbury, Minnetonka; Robert Rascop, Shorewood; Thomas Reese, Mound; Robert Slocum, Woodland. Also present: Rachel Thibault, Administrative Technician and Eugene Strommen, Executive Director. The meeting was called to order by Chair Grathwol at 7:30 a.m. 1. Minnetonka Boat Rentals, Harrison Bay Minnetonka Boat Rentals is requesting a reconsideration ot the Board action of 10/28/87 which amended the variance order '>f 6/27/84 providing for one additional pontoon as temporary fishing rental storage from fishing opener to July 1, to change to full season storage. Thibault reported Minnetonka Boat Rentals is licensed for 11 Boat Storage Units with a density of boats per feet of shoreline of 1:4.4'. It is noted the pontoon boat has been included in the Watercraft Storage Units, on which the license fee has been paid, but not the Boat Storage Units. To honor the request for full season storage of the pontoon boat would further increase the density. Thibault has discussed the request with Attorney LeFevere. He indicated the increase is not an option to be considered because of the existing grandfathered density. Thibault indicated there is language in the 6/27/84 Order which has been understood by Jones, owner of Minnetonka Boat Rentals, in a wav that leaves questions as to the actual location of the pontoon and other slips on the as-built on file. Babcock questioned as to whether this expansion should be under consideration because of the moratorium. Reese moved, Rascop seconded, to table the request for further information. Motion carried unanimously. 2. Excelsior Bay Yacht Club dba Excelsior Park Tavern. The Executive Director presented the request by the applicant to continue the arrangement of 1990 to operate the existing facility providing for 10 transient and 22 storage slips, accompanied by the full schedule of amenities for the 4<>- slip new marina. It was explained, the management is concentrating on the restaurant aspect of the business and reluctant to build the new dock with the additional 8 slips in 1991. - continued Water Structures and Environment L'.nimittee N'-‘veinhe'• 1 1 W:- kr- If- Mite It was also explained that the t.ity of Excel sior hss tiised an issue on the adequacy of parking in the Environmental Assessment Worksheet (EAW). The City will appear to have been satisfied by LMCI»’s evaluation. A question was raised as t > whether tlie own .r or tlie operator should be the licensee. The Executive Direct^^r reported that Attorney LeFevere advises a responsible representative of the business is ordinarily acceptable. Babcock moved, Boswinkei seconded, to table the i*equest for further information about the ownership, the food service charter boats and the amenity for service of four charter boats. Motion carried unanimously. 3. Amenities, Code 2.0b, Subd. 4(b) Rascop moved, Babcock seconded, to recommend approval of An Ordinance Relating to Special Density Licenses for Do-jks on Lake Minnetonka; Amending LMCD Code Section 2.05, Subd. 4, relating to amenities, according to the copy submitted to the Committee. Motion carried unanimously. Deposit Refunds Rascop moved, Pillsbury seconded, to i ecommend .Tpru-rival of the following deposit refunds- A. City of Wayzata for new dock license and special den.siLy applications ($100 each = $200) B. District Mooring Area deposits $100 each: City of Deephaven Minnetonka Yacht Club City of Excelsior Wayzata Yacht Club Methodist Lakeside Motion carried unanimously. 5. Shorelanc as Adoption - Consultant The Exe ✓e Director presented the position description for the Gonsuxtant to the shoreland rules adoption and an independent contractor agreement draft prepared for Stevhjn Preston's acceptance. The position is subject to the approval of the Board and acceptance of the shoreland rules adoption agreement by the cities and the Minnesota Department of Nntnr.al Resources. Rascop suggested a dollar limitation on tlv^ contract. Strommen agreed this and inclusion of a termination provision and further development of the time schedule is needed. Uabcock thought there should be prior approval of supply purchase.s from other than District sources before reimbursement. Grathwol asked to see a copy of Preston’s resume' and asked for an opinion as to whether this position was subject to the public bidding procedure. No action was requested on the agreement at thi.s time. The Executive Director announced there will be a meeting with the city planners and elected officials in December to launch the shoreland rules adoption process. s . Water Structures and Environment Committee November 17, 1990 Office Relocation The Executive Director reported the office move to the Norwest Bank Waysata Building will take place on Friday. November 30. It was suggested an open house be held to acquaint the public with the new location during the December holidays. 7. Priority Items Grathwol reported Thibault is working on a wetlands list. Thlbault has also compiled a list of docks over 100’ in length. In the Spring or early Summer, a count will be made of docks containing more than three boats. Grathwol anticipates a schedule so that by October. 1991 a full set of ordinances will be in place as the moratorium nears its 1/31/92 expiration. ENVIRONMENT 1. Eurasian Water Milfoil Task Force, Chair Progress on 1991 Budget F ^-ese anticipates the following income: From the Cities $63,U0U MN DNR 30.000 Hennepin County 90,000 The “Save the Lake" campaign to raise the $75,000 to $100,000 private funding will be in the mail starting November 21. A new EWM/Save the Lake brochure has been developed for the campaign with Slocum’s assistance. Reese has learned that the Corps of Engineers is meeting November 26 to consider local cooperative agreement requests which should include MN DNR/LMCD's request. B. Operations Plan Update Reese reported there have been discussions with contractors which could receive the weeds from the harvesters on a barge and then transport them to shore at end of the day. Explorations will continue to arrive at an affordable system. Reese said there is a method under consideration to pick up weeds from private lakeshore properties. It is hoped a private contractor(s) can be attracted to perform this service. C. Public Comments: Robert Woodburn, Deephaven. introduced himself to Committee as a resident of Carson Bay who has managed chemical treatment of weeds in Carson Bay for some 30 years, suggested the following: -continued the the He r I ' f- t:' ■yir-. 1 Ir r'-r I It: Water Structures and Environment Committee November 17, 199U r 1. Chemical treatment of all lake access points. 2. The use of Carson Bay as a test area for chemical treatment because it presents an enclosed area for observation. It also is an area with considerable traffic from the launching site, municipal docks and Minnetonka Yacht Club. The residents, with the cooperation of the City, have been using 2-4-D and Diquat treatment for several years. It has proven effective with no objections from the public. Woodburn asked for a report on the use of SONAR in the south part of the Bay. Reese responded that the 1991 -program plans .selected ^•‘chemical treatment in the 1991 budget. Within the budgetary limitations, the treatment of public accesses would be the place to start. Responding to a comment from Grath^ ^1 about public information on Eurasian Water Milfoil, the Executive Director circulated the brochure under preparation. Woodburn expressed his willingness to work with the District on the milfoil program. There being no further business to come before Committee, the meeting was adjourned at 0:45 a.m. the FOR THE COMMITTEE; Eugene Strommen, Executive Director James Grathwoi, Chair Lake Minnetonka Cable Communicatior nmmission443 OAK STREET • EXCELSIOR. MINNESOTA S5331 • (6i2)4/-, DATE; TO; FROM: RE: December 4, 1990 ALL LMCCC MEMBERS AND DIRECTORS Jennifer Watts, Administrator DECEMBER MEETING/1991 LMCCC APPOINTMENTS % : ¥ The December meeting of the Executive Committee has been canceled because of the holidays. We will meet again on January 15, 1991 for our first Executive Committee meeting of the new year. Our member cities are requested to review their 1990 Com missioner appointments aid notify the Commission in writing of the new or reappointed directors for 1991. As a reminder, each city council should appoint two directors to the LMCCC; one should be a member of the city council; the other director may be any qualified voter residing in the city. If it chooses, the city council may also appoint an alternate director to serve as a substitute when needed. Commission meetings are held on the third Tuesday of each month at 5 p.m. and take place in the Commission office (Room 204) of the Excelsior Community Center. Directors are expected to attend the four full Commission meetings held in February, .May, August and November. LMCCC officers, elected in May of each year, are expected to attend all monthly meetings. Please make your appointments and notify the Commission by January 30, 1991. The full Commission is scheduled to meet February 19, 1991. Before the year closes, I'd like to wish you all a safe and happy holiday season. And T'd like to thank you for your expertise and participation in the often confusing business of cable regulation. I'm looking forward to 1991 and the changes and challenges it will undoubtedly bring. And I hope many, if not all, of the 1990 directors will renew their commmitment to the Commission for 1991. Happy Holidays. NEWSLETTER N NfHPfNOtNT SCHOOL OISTRICTNO 278 ORUNO SC UlKU. BOARD Dnvui McKoun. Chairman 4'm Don Anderson. \ ice Chaimun 4'W-ISIO Jim Franklin. Trea'urvr 4'^>-;i.'il Lucie Taylor. Clerk 4'4-iisi) John Maresh. Director 4"5 Peg SvsanMin. Diaviv: 4"^.'OWi.' ‘ o I'i'K;ISSUE NO I ....................... ■■ ://’(;/ c /1 '/(/(■;//'s \ () / about a driver whose car is stuck in the snow and ice. When help arrives, the driver is found scattering sand around the wrong tires. The driver is asked why he is putting sand around the stationary tires rather than those that are spinning. The driver responds that those tires are already moving. It is a real temptation to focus on what is working and neglect that which is not. It is a temptation both for institutions and individuals. It is one of the reasons why schools take a hard look at themselves by means of the North Central Association's accreditation process. And, it is one of the reasons for parent-teacher conferences. Parent-teacher conferences, conducted recently in district schools, accomplish many things. They unite parents and teachers in their efforts to assist, support, correct, and encourage students. The shared information helps both parties, parents and teachers, to get the sand under the right tires, to focus on the areas of need and reinforce the areas of achievement. Parents are a child's first teachers and his/her primarv teachers. Teachers on the other hand, to use a dated phase, act in loco parentis, in the place of the parent. Seeing parents as teachers and teachers as parents demonstrates the similarity of those two roles. It also underscores the help each can give to the other in assisting each child to succeed. Amidst all the rhetoric today about schools, the Orono Schools community has not overlooked that important parent-teacher relationship. They know that that relationship may well be the key to getting the sand under the right tires. Parent-teacher conferences, held during Thanksgiving week, are a vital lime for good communication. Thanks to all the parents who came in record numbers to meet with their student's teachers. And, thanks to the teachers for preparing well for these important meetings. It all works to help the students. May the holiday season be a rich and wonderful time for all. Thomas B. Mich, Ph.D., Superintendent Holiday Activities Middle School Band The exciting and thrilling sounds of the first performance of all three middle school bands will K' something you will not want to miss on Tuesday, December 11, 7:30 p.m. In the comfort of the high school auditorium, you will hear appealing and imaginative arrangements of traditional melodies. There is an admission charge of $1 and S2 (children and adults). Refreshments vmII be served afterwards on the mezzanine Glen johiiMMi High School Choir The Orono High School Vocal Music Department will perform its Holiday Concert on Thursday evening, December 20 at 7:30 p.m. in the high school auditonum. The concert choir, mixed ensemble, boys' quartet, and the girls’ ensemble will p.-rform on the program. Choir alumni are invited to join the concert choir in singing "Silent Night." There will be no charge for admission. Everyone is invited. Howard Lcrohl High School Band The Orono High School Instrumental Music Department presents it's Holiday Band Concert on Thursday, December 13. 1990 at 7:30 p.m. in the hi^^h school auditorium. Under the new direction of Mr. Donald Krubsack, various holiday selections will be performed by the Concert Band, Stage Band and Jazz Ensemble. A $2 admission will be charged for the concert. Proceeds go to support the summer band program. Arrive early for prime seating. Everyone is invited to enjoy the evening and celebrate the holiday spirit through sound and sight. Donald Krubsack Guidance at a Glance College Representatives ACD SAn Upcoming Test Dates: February 9,1991 Registration Deadline 1/11/91 T. arv2 . 1991 Registration Deadline 12/21/90 Financial Aid On Di ;^90, there will be a Financial Aid meeting for the pare . . seniors. Gary Ness, Financial Aid Officer of Normandale Community College, will be the speaker to guide you through the finar\dal aid process and details on how to fill out the rtecessaiy forms. Although the meehng is planned for parents of seniors, eleventh grade parents are also welcome. This will take place in the high school Choir Room at 7KX) p.m. The Family Financial Statement (FFS) and Financial Aid form (FAF) forms are now available in the guidance ofFce. They may be picked up at any time, however, they are not to be mailed until after January 1, 1991. These forms request information from your 1990 1040 federal tax returns. Students should carefully check college catalogs to determine which of the two forms their college preters. Graduation Requirements To receive a diploma from Orono High School, a student must take into consideration the following information: 1. Credit is granted on a semester basis. A half unit of credit is granted for successful completion of a semester’s work and full unit credit indicates successful completion of a year-long course. Not all courses carry full credit, however, and a a student should check very carefully that minimum graduation requirements are being met. It is the student’s rMponsibilitv to meet these requirements. 2. A minimum of five (5) credit courses must be taken during each of the four years of high school. Only those credits earned in grades 9*12 can be applied toward meeting graduation requirements. 3. Twenty (20) total units are required for graduation from Orono High School and must indude: Grade Level 9-10-1M2 9-10-12 9-10 9 9 9-10-11-12 4 units of English 3 units of Social Studies 2 units of P.E./Health 1 unit of Sdence 1 unit of Mathematics £ unites of Elective Courses 20 Units Total 4. All students planning to earn credit outside of high school in summer school, night school, by correspondences, etc., must have the approval of their counselor before registering. This is limited to one credit per year. High School Counselors 173'5472 CALL WITH YOUR Ql »ONS Ms. Woyteke - all ttadcnls wJ lamcs A-K Mn Wa'^botten - all students names L-Z VVe have college rcpre;>enlatives front all over the <“0'intry visit Orono High School during the course of each >ol year. They are available in the Guidance Office to . . with parents and students. We vmII publish in this newsletter each month a schedule for the upcoming 30 days. Students are also notified by a College Fop Bulletin Board at the high school. Please have your student check the bulletin board because some schools may schedule visits after the date the District Newsletter is published. Please call us at 473-5472 for any updates or additional information. December College Representatives Dec. 4 University of Wisconsin - Stout 9:30 am Luther College 10:30 am 14 UofM-TwinCities 9:30am College Deadlines Watch for college application deadlines. Tlic deadlines become earlier every year. If your deadline falls during the Christmas holidays the application should be in the guidance office by December 10 so that there is time to get it processed. Students needing a letter of recommendation from their counselor shou.d plan on getting the appropriate form to us much earlier than December 10. Scholarships Now is the time students should be looking for scholarships. Many opportunities are posted on the guidance office bulletin board. There is also a file of all scholarship applications we receive, nme and effort is necessary to find and apply for those scholarships for which you qualify. University of Minnesota Twin Cities Deadline Seniors applying to the University of Minnesota, Twin Cities, arc reminded that the priority deadline for making application to any of the freshman admitting colleges, Minneapolis and St. Paul campuses, is December 15. Mid Winter Fun Fest The Orono Elementary PTA is planning t; o annual "Mid-Winter Fun Fest" Carnival to be held on February 2 from 1:00 - 5:00 p.m. at the Orono Middle School. Funds from the Carnival provide field trips and a variety of school related activities for all elementary students K - 4. In conjunction with the carnival, a raffle is held featuring many wonderful prizes - bikes, Nintendo accessories, electronics and much, much more The chairpersons are looking for volunteers to help with the Carnival and donations of prizes for the raffle. If interested in volunteering, contact Carnival chairpersons Will and Carolyn Endsley (473-8232) or Tim and Sandy Pattrin (475-1921.) For raffle donations, contact raffle chairperson Susan Vickerman (473-7410). PARENTS Mark Your Calendars! Febmaiy 28,1991,7HH) - p.m. High School Auditorium Speaker Ray McGee on Self-Esteem "Who do we catch them being? Who do we tell them they are?"' Preseiit' hy Orono Education Fund & Parent Communication Network Vision & Hearing Thanks ^^sion and hearing screening has been completed for K- 8th graders. It was accomplished with the help of 43 volunteers under the direction of JoAnn Ree, District Nurse. Re-checks will be done and if referrals are needed, parents will be contacted by mail, suggesting that a contact be made with their physician for further evaluation. A special thank you to all the mothers who volunteered in maldng this screening program a success. Orono Teacher Commended Mr. John Parker, a special education teacher at Schumann Elementary School, was recently honored by Governor Perpidi by receiving a certificate of conunendation. Mr. Parker was recognized for his leadership as chairperson of the Community Transition Interagency Committee. The governor further acknowledged Mr. Parker's orchestration of interagency collaboration between schools, human service agencies and community members for the purpose of providing uninterrupted services and support to persons with disabilities. Orono Education Fund Contributors Thank you to those who have generously contributed to the Orono Education Fund! We continue to receive requests from our faculty for funding in order to provide science trips, speakers. Author/Artist-in-Rcsidence. etc. 'i'our contnbution to this fund, which provides enrichment for student programs and scholar-^hips for Orono seniors, would be greatly appreciated. DONOR'S CARD lAVe wish to make the following contribution and have enclosed our check payable to the Orono Education Fund. .ACADEMIC ENRICH.ME.NT PROGR.\.M .ORONO DISTRICT SCHOLARSHIP FUND .My employer has a gift matching program Name of employer. .1 would consider a major gift to the trust fund Name Address. .lAVe prefer that our gift ^bmain anonymous. Mail the above form to Orono Education Fund, 685 Old Cry'slal Bay Road, Long Lake, MN ‘>5336 :rr7nrr3; • Apri iroved the appointment of Jane Hanson as a sh jrt hour cook at Orono Primary School. • Approved the appointment of Maijo Wirtjes as a short hour cook at Schumann Elementary School. • Approved the appointment of Phyllis Simon as a special education paraprofessional at Orono Primary School. • .\dopted the revised Mission Statement for the Orono School District. • Approved the Special Education Director's contract for 1990-93 as negotiated by the School Board Negotiating Committee. • Approved the Annual Report as presented. Me^iny - October 22.1990 • Approved the appointment of Linda Ahlstrom as a short hour cook at Schumann Elementary. • Approved the appointment of Julie Feldmann as a part-time library clerk at Orono High School. • Approved the appointment of Betty Mueller as a part-time typing lab clerk at Orono High School. • Approved the appointment of Jeff Stark as a part- time district-wide custodian. • Approved the removal of electrical poles and overhead wiring and changing the three pole transformers to pad trans '>rs at ground level at the front of the new additi id directed administration to negotiate any additional cost with the contractors. Emergency School Closing Sdiool doainf due to severe weather or other emerfency reasons will be announced over WCCO <830 AM) radio. In case of serious weather problems or other unavoidable situations when students must be dismissed early, Orono Frimaiy School and Schumann Elem. students will be dismissed first, H.S. students second, and M.S. students last. Please be certain that provisions are made for your children if and when it should become necessafy to send them home early. Typical^ during periods of subaero weather when the wind <^fll factor is 85<80 below, the district does not call off school. Parents should make their own decision regarding whether or not to send their children to sdiooL The reason for not calling off school under these weather conditions is that the message will not reach everyone and some children may flreeae waiting for busses. \i tu'it \( ( tticfuliir fnnnrTiv/f. 111 j Continuing Ed Mtg., Rm 106 HS..............3;20pm 12/8 Spartan Invitational Basketball Tourney 12^'9 Spartan Invitational Basketball Toumey 12/10School Board Meeting, MS Choir Rm.......7 00pm 12/24 Winter Break Begins - NO SCHOOL Elementary’ Activities 12/10 Schumann Open House ...........................6:30pm 12/11SE & OPS December BD Party 12/17 Orono Primary Open House ....................6:30pm 12/24 Winter Break Begins - NO SCHOOL Middle Scho-’ Ttildtifif 12/11 MS P i.'ert, Aud.............................7:30pm 12/13 MS 01 oir Concert. MS Gym.......7:30pm 12/24 Win’ ak Begins - NO SCHOOL High School /lotivities 12/1 Wrestlin^ ■ Delant) Invitational ...............10;00am 12^3 Senior Parent Financial .A.id mtg.. Choir ..7:00pm Math Team at DeLaSalle........................4:00pm 12/4 Boys Basketball - Mound .........................7:30pm Girls Basketball at Norwood ....................8:00pm Wrestling - Waconia, Norwood at Waconia 12/6 Girls Basketball at Mound .......................7:30pm Wrestling - Cretin, Derham, Concordia ....6:30pm 12/7 Boys Basketball - Farmington .................7:30pm Gymnasticr Cambridge, Mound, Armstg..6:15pm Hockey - Minneapolis Southwest ............7:30pm 12/10 Boys Bask‘. .laU - Norwood-Young Am.....7:30pm 12/11 Hockey - Cloud Cathedral ..................7:00pm Gymnastics at Blake...............................6:15pm Girls Basketball - Farmington.................7:30pm 12'13 Holiday Band Concert, .^ud.....................7:30pm 12/14 Hockey - Mahtomedi ...............................7;30pm Girls Basketball at St. Anthony..............7;30pm Wrestling at Blake/Breck.........................6:15pm 12/18 Boys Basketball at St. Anthony...............7:30pm Hockey at Blake.......................................7:00pm Gymnastics • Mahtomedi.........................7:30pm Girls Basketball - Brock ...........................7:30pm 12/20 Holiday Choir Concert, Aud.....................7:30pm 12/21 Hockey at Farmington .............................7:00pm Boys Basketball at Holy Trinity..............8.00pm Wrestling - Jefferson, Richfield..............6 30pm 12/24 Winter Break Begins - NO SCHOOL 12/27-29 Hockey at Hermantown Tourney 12/27-29 Boys & Girls Basketball Invitational - here iVWmw Lise KoUfard Visiting Teacher The first two weeks of October the Orono School District was host to Lise Kollgard a teacher in Vaerlosc, Denmark, a suburb of Copenhagen. Mrs. Kollgard spoke with students at all levels, covering a wide range of interests from the Danish language to life in a socialist form of government. This resource was av.ulable to Orono Schools because Kay Sause, Facilitator for Gifted Programs, had spent two weeks in August acting as a similar resource in Mrs. Kollgard's school. The exchange was a joint effort between the Danish Ministry of Education and the Global Education Center at the University of Minnesota. Mrs. Sause was one of five teachers in the state chosen to participate in this program. Enrollment OptionsSeveral choice programs have been adepte.i b\ the Legislature since which provide choice oi h.s'Is i>r education programs Families and learners may chooM- from the following enrollment options pn>grams: POSTSECONDARY EVROLLMFN'T OPTIONS alltuvs 11th and 12th graders to attend, full or part-time, a technical cc'illege, a community college, a private, liberal college or universit}’, an\- the state unn t'rM(te< tor high school credit. Students must meet the requirements vU that postsecondary institution. Students should wi'rk with their high school counselor to iP‘'Ure the courses taken will meet graduation ret]uiremenls SCHOOL DISTRICT ENROLLMENT OPTIONS Qr OPEN ENROLLMENT permits kindergarten through twelfth grade students to apply to attend a school outside the district in which they live. Applications must be received by the nonresident district tvfore laniiarv 1 for enrollment the following fall. Accepted students must agree to attend the new district for one full year HIGH SCHOOL GRADUATION INCENTL VJ lS program is designed to encourage learners, who arc having difficulty in school or who have dropped mit t't school, to complete their high school credits in alternatu i' settings. Qualifving students may attend another traditional high schixil inside or outside their district, an Area Learner Center, an .-Mtemative Schcx^l or Program, or a nonpublic, nonsectanan school which has been contracted by a distnet to provnde educational services. DIPLOMA OPPORTUNITIES FOR ADULTS encourages individuals age 21 or older, who have ik U completed high school to return to get their diplomas Qualifving persons have up to two years of free stale aid to finish their requirements. Many of the same programs available under High School Graduation Incentives are available to adults. .AREA LE.ARNING CENTERS provide year-round, non traditional education toward a high school diploma li'r students 12 vears of age through adult on a full or part time basis. Students develop, with an instniclor, learning plans which best fit their course needs and learning style, PLT^LIC AND PRIVATE ALTERNATIVE PROGRAMS personalize the education of learners at risk of not completing high school. Classes are taught using non- traditional methods and allow for flexible scheduling Tliese programs operate dunng the school day and year. EDUCATION PROGRAMS FOR MINOR PARENTS AND PREGNANT Ml.N'ORS are designed to ensure teens, who are parents or pregnant, complete their high school education. When requested, educational programs which fit the needs of the individual must be made available, by the school district, with any necessary supportive services. For more information about these enrollment options programs visit your school district office. You may contact William Fenholl at 473-7313, or call the Enrollment Options Hotline, 296-1261. Date: November 3, 1990 To: Mark Bernhardson, City Administrator Mayor Art Kunze - Long Lake Council Mayor Robert Abdo - Minnetonka Beach Council Mayor Jerry Rockvam - Spring Park Council Mrs. Gretchen Menzel - NTCPC From: Melvin Kilbo, Chief of Police Re: Statistical Comparative Data on Dept. Ac^ivities I have taken data from the 1989 Hennepin County Crime Analysis appendix, underlined activity in all four cities and then calculated the total Orono operations data line. I have asterisked areas of Champlin, Mound, St. Anthony, and South Lake Minnetonka Departments as they are .close in size to Orono. City Population # of officers officers per capita Champlin 16245 16 1-1015 Mound 9444 12 1-789 St. Anthony 8334 13 1-641 So Lake Mtka 10495 14 1-749 Orono 11472 15 1-764 The Orono Police Department (Long Lake, Minnetonka Beach, Orono, and Spring Park) has a good record of clearance in Part 1 Crimes for 1989. Exhibit 3 (Index Offenses) Orono operations has a clearance rate of 20%, contrasted with a county wide average of 18%. Exhibit 4 (Total Offense Clearances Arrests) 580 crimes with 564 arrests. Orono cleared Champlin 16245 Arrest per capita 32 Mound 9444 . . . . . . . 44 St. Anthony 8334 . . . . . . . 16 So Lake Mtka 10495 . . . . . . . 11 Orono 11472 . . . . . . . 20 •mtywide Average 1.1 Exhibit 10 Orono operations had a total of 39 burglaries with a 21% clearance rate compared to a county average of 7.4%. City Population Burglaries Occur Per Capita Clear Champlin 16245 93 1 in 165 13.3 Mound 9444 60 1 in 157 16.7 St Anthony 8334 77 1 in 108 6.5 So Lake Mtka 10495 46 1 in 228 17.4 Orono 11472 39 1 in 294 21.0 Exhibit 17 Orono operation had a total of 708 Part II crimes with arrest of 516, for a compared with county average of clearance rate of 54%. In DWI arrests of 214, Orono ranks 13th in the county of 32 cities. In narcotics arrests of 24, Orono ranks 12th in the 32 cities of the county. CapitaCityPopulationArrestsPer O Champlin 16245 393 41 Mound 9444 173 54 St Anthony 3334 449 19 So Lake Mtka 10495 938 11 Orono 11472 516 22 It should be noted that Champlin, Mound, St. Anthony and South Lake Minnetonka agencies employ a fulltime detective for foll’wup on both Part I and Part II crimes. In Orono operations, each officer is encouraged to followup on his own criminal case and does so very well, although in 1989, for approx, six months, a part-time investigator was utilized. If you have any questions, please feel free to call. HENNEPIN COUNTY CRIME ANALYSIS 1989 APPENDIX t; rmHENNE’IN OFFICE OF PLANNING & DEVELOPMENT A-2308 Government Center Minneapolis, Minnesota 55487-0238 (612) 348-4466 September 21, 1990 Dear Crime Analysis User: I am pleased to provide you with the enclosed complin.^ntary copy of the 1909 Hennepin County Crime Analysis. m This report is prepared annually by the Office of Planning & Development for use by agencies and officials who want statistical information on the incidence of crime in Hennepin County. It represents a compilation and analysis of crime data reported by law enforcement agencies throughout Hennepin County to the Minnesota Bureau of Criminal Apprehension. The Appendix to the 1989 Crime Analysis, which is enclosed, includes the data tables from which the graphics in the main report were derived. After you have had a chance to review the 1989 Crime Analysis, I would appreciate your taking the time to complete and return the short questionnaire contained in the report. Your impressions are important to us in our continuing efforts to make future Crime Analyses as useful to you as possible. Additional copies of the 1989 Crime Analysis are available for a small charge. Philip C. Eckhert Director HENNEPIN COUNTY an equal opportunity employer Page 84 POLICE EMPLOYEES BY MUNICIPALITY & TYPE HENNEPIN COUNTY AS OF OCTOBER 31, 1939 Municipality Total Bloomington Brooklyn Center Brooklyn Park Champ 1in Corcoran Crystal Dayton Deephaven-Woodland Eden Prairie Edina Golden Valley Hopkins Long^ Lake 121 50 64 17 Maple Grove Medina Minneapolis Minnetonka Minnetonka Bgarh 4 40 1 8 49 50 40 33 0 Minnetrista-St. Bonifac ^ Mound New Hope Orono 33 5 872 54 0 Osseo Plymouth Richfield Robbinsdale ■* St. Anthony St. Louis Park South Lake Minnetonka Soring Park 8 13 31 16 Wayzata West Hennepin Hennepin County Sheriff U of M Metropolitan Airport Hennepin Parks 3 49 54 24 13 60 15 0 9 9 471 48 69 18 TOTAL 2,333 Sworn 96 36 53 16 3 30 1 7 39 43 29. 23 0 28 5 740 42 _0_ 7 12 26 15 3 37 45 16 12 48 14 0 8 9 263 43 46 17 1,812 Civil 25 14 11 1 1 10 0 1 10 7 11 10 0 5 0 132 12 0 0 12 9 8 1 12 1 0 1 0 208 5 23 1 ^ Aa* M* m . ^rA. CRIME INDEX AND I’OPULAriON RANKINGS HENNEMN COUNTY T909 Municipal tty Bloonlngton Brooklyn Cantor Brooklyn Park ,ChaaiDl In_ _ _ _ _ _ _ Mrcoran Crystal Dayton Oaophavan-WoodI and Cdan Prairie Edliia Golden Valley HopkI ns Population 86,^460 28,578 53,533 16 .2llS 4,992 22,851 4,125 4,255 37,786 44,943 21,813 16,111 Percent of PopuI ation ’ 6.5% ^.8% 5.3% _ _ _ _1^^%. Cr i me Percent of Cr i me Population 1 ndex Crime Index Crime Rate Rank Offenses Tota 1 Rate Rank 2 3,601 5.0%4,165 13 11 2,400 3.3%8,390 2 3 3,350 4.7%6,273 3 15 484 _ _ _ _ _ _ _Jl%2.979 23 .5% 2.3% .4% .4% 3.7% 4.4% 2.1% 1.6% 23 12 27 26 0 6 14 16 49 751 1 14 53 1,427 1 ,047 913 832 .1% 1.0% .2% .1% 2.0% 2.6% 1.3% 1.2% 982 3,287 2,764 1 ,246 3,777 4,110 4,186 5,164 33 18 24 32 17 14 12 9 l1ap^« Grove 37,386 3.7%9 973 1.4%2,603 26 Medina 3,272 .3%29 75 .1%2,292 27 Minneapolis 358,384 35.3%1 42 ,461 58.9%11 ,848 1 Mlnnetonka 47,727 4.7%5 1 ,463 2.0%3,065 22 Minnetonka Beach 622 . 1% 33 13 .0%2.090 30 Minnetrlsta>st. Donirac.4,923 .5%24 112 .2%2.275 20 ^Mound 9,444 .9%19 293 .4%3,102 21 New Hope 22,680 2.2%13 709 1.0%3,126 20 orono 7.379 .7%21 154 .2%2 .087 31 osseo 2,*743 .3%30 U;4 .2%5.250 7 Plyeouth 51,390 5.1%4 1 ,670 2.3%3.250 19 Rlchrield 34,876 3.4%10 1,025 2.5%5.233 0 Robbinsdale 14,276 1.4%17 772 1.1%5,408 6 'k St. Anthony 8,334 .0%20 317 .4%3,804 16 St. Louis Park 42,649 4.2%7 2,380 3.3%5,580 5South Lake Minnetonka 10,495 1.0%18 235 .3%2,239 29Serine Park 1.532 . . . . . ..2%32 76 .1%4.961 10 wayzata 3,626 .4%28 220 .3% ■6,064 4 West Hennepin 4,578 .5%25 122 .2%2,665 25Hennepin County Sherirr 5,030 .5%22 200 .3%3,976 15u or M 0 0.0%34 1 ,432 2.0%0 34Metropolitan Airport 0 0.0%35 448 .6%0 35Hennepin Parks 0 0.0%36 •37 . .1%0 36 TOTAL 1,014,979 100.0 N/A 72,040 100.0%7,090 N/A * Source: Metropolitan Council population estimates,, excluding the portions of Rockford, Hanover,and Chanhassenwithin Hennepin County, but including all of St. Anthony, Mo Mo ToTAU 1/477 I, 1 li wiiv; 0«l9 iiiti'ri; PART II cm Mrs nv municipal iiv MCNNLPIN COUNTY 1989 *S 1, 11, Municipal Ity Bloomington Brooklyn Contur Brooklyn Park * Champ 11n Corcoran Crystal Dayton Dcephaven-WoodI and Edon Prairie Edina Golden Valley HopkI ns Long Lake_ _ _ _ _ _ HapTo Grove Medina MInneapolIs Mlnnctonka Minnetonka Poach HInnotrIsta-Sfe”. Donif, ^ Mound New Hope Orono dsieo ~~ Plymouth Richfield , Robbinsdale *^St. Anthony St. Louls Park 'South Lake Minnetonka Spring Park Wayzata ■'est Hennepin . ncpln County Sheriff of M Metropolitan Airport Hennepin Parks SAS FOR FRA EMB PTY VAN WEA PRO SEX »I06 275 030 106 3 150 19 9 119 66 90 110_9 96' 16 589 106 0 30 77 83 17 “2ir 185 1122 36 HI 3 18 3H 9 13 32 31 66 16 0 09 92 101 20 ■~?r 37 1 1 57 i|7 57 »I5 3 17 12 563 56 0 2 7 19 7 11 42 31 10 20 02 17 2 21 3 68 4 0 0 210 261 350 17 0 77 1 5 114 121 96 64 17 d 27 0 16 2 31 0 6 (T 0 0 D 0 0 0 0 0 0 12 0 0 9 22 13 9 4 64 109 88 100 0 “To' 17 29 12 3 4 278 19 0 1,007 426 940 204 TTI" 128 56 21 389 322 172 251 _34 6 150 57 55 42 128 6 _22 35~ 194 265 15 10 0 0 2^ 0 3 0 4 0____2 540 44 9,387 287 3 3 15 15 2 4 22 4 0 6/ 46 25 316 95 2 33 10 73 5 19 0 0 0 0 3 17 3 15 4 6 7 1 ■~5T 12 ’’ 267 76~irr 682 422 240 72 417 76 32 1 2 ,400 13 1 T,' 5 5 1 0 2 0 0 V 1 1 1 __^0_ 0 0 583 1 0 2 22 9 1 1 13 6 _3r 10 1 4 84 n 32 0 1 8 18 10 1 4 53 51 17 8 50 9 2 20 14 9 JJL 6 3 12 20 1 1 TOTAL Legend; 2 63 17 13 9 1 17 54 3 6 24 122 16 17 56 15,643 1.544 2,833 12 552 17,316 766 613 1,369 2,403 SAS PTY SEX DWI OTH Simple Assault Stolen Property Other Sox Driving While Intoxicated Other (Excluding Traffic) O/tor '7- bl FOR = Forgery VAN = Vandalism NAR = Narcotics LIQ = Ligiior Laws 7___ 329 2,140 9 153 0 11 14 23 1 1 1 2 21 19 21 7 30 24 0 57 58 209 JliL 90 52 15 46 4 36 336 141 175 119 567 253 44 1 I 12 22 32 81 106 53 0 21 1 1 0 63 52 7 10 29 1 17 13 14 101 0 4 6 40 c NAR GAM FAM DWI LIQ DIS OTH 1 60 0 37 399 84 465 107i 78 0 137 183 70 180 292U7133564107993490120121 16 17 83 800uU29Uu111504386218960101 1 10 8 124 170903302211.86906424756233264' 16 0 1 236 31 110 980082973690351 13 0 50 245 28 101 9410CL_3i_1.1 S in 78 43 101 17 -1 13 3 1 64 19 2 7 26 _'l. 27 2 10 629 1,335 3 3 287 40 614 143 40 70 116 17 21 203 107 45 38 181 29 14 :> 15 793 71_i. 33 27 61 _5J_ 10 07 107 20 39 3 1 1 70 21 CLEARANCES TOTAL NUMBER % 3,101 2,063 M,953 695 1.736 56% 993 48% 3,120 63% 358 52% 298 U53 925 J82 336 207 14,284 50% 650 56% _ _ _19 761 170 2,004 1,451 658 410 2,278 707 1651713286 55 55 639 19 89 704 134 53 634 29 43 323146158 4.010 3.878 61,017 217 73% 238 53% 616 67%-w1.015 51% 836 50% 329 50% . 233 57% 1,389 61X 601 86% _ _123 7! 141 TiS 528 85J 257 37J 125 20J 102 57% 157 99% FRA - rraud Wt'A - Weapons gam p CambIing Disorderly J- T;. DIS 33,184 EMB a Efflbezzelment PRO a ProstItutlon FAM a Family/Children Jo a yy irf. Municipal Ity Bloomington Brooklyn Center ^Brooklyn Park ^ Champ tin 'orcoran Crystal Dayton Oeaphaven*WoodI and Eden Prairie Edina Co I den Valley Hopkins Long Lake 314 172 801 84 Maple Grove Medina Minneapolia Minnetonka 0 122 1 8 102 45 71 96 8 36 41 40 8 0 22 0 1 16 19 27 19 1 Mlnnetonka Beach Hlnneii.......-£rtsta*st~ Bonifac,abound New Hope Orono 55 10 7.464 88 0 ~r 3 3 16 26 0 Osseo Plymouth Richfiaid Robbinsdale rst. Anthony St. Louis Park KSouth Lake Minnetonka Soring Park_ _ _ _ 26 56 72 14 Wayzata West Hennepin Hennepin County Sherirr U or M Metropolitan Alrp.ort Hennepin Parks 18 156 342 24 20 208 29 9 4 17 16 6 5 28 9 1 7 30 16 26 7 0 ~ir 2 14 2 0 0 PART M CLCARANCCS RY MUNICIPALITY IICNNLTIN COUNTY 1909 SAS FOR FRA EMD PTY VAN WLA PRO SEX NAR CAM 149 4< 270 8 0 54 1 4 77 98 7 1 57 13 30 27 3 1 14 1 0 22 15 19 5~(T 7 0 0 9 20 1 1 8 _'L 1 1 140 45 140 24 32 7 60 4 18 0 0 0 46 18 36 6 58 75 122 1 1 26 0 ? 4 3 13 16 49 2 233 14 0 7 13 19 12 —r 115 32 40 9 60 4 21 0 3 0 4 0 2 1 1 1 ,062 39 0 0 2 0 2 13 3 3 5 1 0 0 292 13 1 0 2 0n 0 0 1 1 _0o' 0 54 7 1 0 8 0 0 42 6 15 13 3 12 19 38 8 8 169 34 6 2 0 3 13 14 2 4 19 4 0 ~T 6 5 1 1 1 5 78 72 12 3 22 9 1 4 5 4 0 “2“ 14 6 1 1 1 I 6 3 13 14 2 15 4 2 CT 10 1 1 81 0 1 1 0 109 22 0 5' 9 9 1 0 13 0 9 55 14 8 13 _ l_ 14 10 1 . 193 32 1 “?D O' 13 1 a 0 18 0 2 29 29 9 3 29 6 2 2 61 17 12 9 114 51 3 6^ 23 108 14 15 56 TOTAL 10,501 709 1,625 5 456 1,995 588 572 477 2,179 Legend:SAS = Simple Assault PTY = Stolen Property SEX = Other Sex DWI a Driving While Intoxicated OTH = Other (Excluding TraFfic) FAM DWI I IQ 21 14 17 7 4 0 3 54 1 6 39 0 32 3 33 2 2 0 12 15a 1 0 10 19 3 0 8 21 0 396 103 560 1 16 “29“ 383 10 30 247 236 297 245 _ 35.. 226 57 , 140 153 1 1 58 289 _12'l 3S“ 334 141 175 118 567 253 i*4 77 69 94 16 ““CT 19 1 22 55 31 37 26 _!2_ 53 52 2 41 4rr 12 21 31 106 53 0 21 11 0 57 50 7 10 21 117 11 97 0 3 6 40 OIS OTH 291 77 681 28 O' 56 0 4 . 107 : 39 41 83 _ _3. 44 23 414 35 1 128 236 279 41 32 17 91 9 0 45 1 4 187 63 14 67 20 in 44 3 43 1 27 12 45 35 6 82 49 23 19 27 16 10 3 31 2 32 12 1 7 48 40 15 32 273 76 16 5 37 15 21 32 46 FOR VAN R w J Forgery Vanda I i srr Nnreotics Liquor Lavs TOTAl 1,736 993 3,120 358 30 763 14 89 1,007 580 613 721 530 207 14,204 650 19 - -217 238 616 95 1,015 836 329 233 1,389 601 J21- 141 528 257 125 182 157 336 7.822 1.142 2,389 2,380 33,184 FRA = Fraud WEA = Weapons CAM = GambIing D I S = Disordor I y CMQ = Embezzolmcnt PRO = Prostitution PamIly/ChlIdrenFAM ORovao To7a«~3,i 9/^6 Cn /■9 PART II ARnr.sTs n- HENNEPIN CO MunicipolIty Bloomington Brooklyn Center . Brooklyn Park Champ 11 n_ _ _ _ _ _ _ _ _ _ "Corcoran CrystaI Dayton Oeephavon-WoodI and Cden Prairie EdI na Golden Valley Hopkins Long Lake_ _ _ _ _ _ _ _ _ _ Maple Grove Medina MInneapol I s Mlnnetonka Minnetonka Poach_ _ _ _ _ MinnetrIsta-St. Oonirac Mound Now Hope Orono SAS FOR FRA CMO PTY 227 190 397 67 52 3N l47 5 U»7 30 27N 5 (y 105 1 2 72 32 31 74 -L 0 10 0 1 16 24 2 9 1 45 27 55 10 42 6 4,231 104 _ _0 0 17 1 1 34 36 21 16 4 0 9 0 6 17 4 7 10 12 4 3 5 302 45 0 12 4 31 136 0 Ossco ~~ Plymouth RIchricId Robblnsdalo ^St. Anthony St. Louis Park A'South Lake Minnetonka ' Sprina Pork it 12 23 61 12 108 90 29 24 149 12 Wayzita West Hennepin Hennepin County Sheriff U or M ■Motropolit- 'Irport Hennepin ParA.i 6 9 17 6 5 9 10 1 22 2 5 4 0 0 3 10 1 0 0 2 74 27 33 9 6 4 JLOr 49 33 5 1 0 2 2 315 30 0 4 4 12 1 4 10 26 6 7 27 13 0 K: I PAL I TY >09 VAN WEA t' 13:' 62 101 29 0 24 1 7 39 29 14 4 1 0 40 7 50 0 0 4 0 0 22 3 4 0 0 22 0 0 0 35 6 20 3 13 1 619 51 0 0 0 350 21 1 15 13 22 4 5 4 10 0 0 0 625 1 0 0 1 0 6 52 12 10 1 1 17 21 0 0 21 1 9 5 4 3 17 5 1 5 19 13 2 1 2 0 0 26 3 2 9 _0_ 1 0 129 18 0r 6 5 1 0 15 1 0 9 0 T 20 16 10 3 11 5 2 0 0 3 2 0 0 119 37 15 24 139 01 3 0 13 0 0 0 0 0 9 40 155 14 14 02 NAR CAM FAM DWI LIQ DIS OTH TOTAL 157 0 6 413 120 354 311 2,082 165 0 5 191 170 156 421 1,472105016301022624962,71619001332127663930 0 " 0 30 0 u u - - - -3T“ 25 0 0 394 26 54 68 7400c01010115210c1 •54 0 B 141040c. •70 -.74 206 1,004 29 0 ’60 ‘19 104 641300jOO2414204454303257964313475310034152270220*1 22C 34 14 21 39390 0 66 60 9 9 171557*10 7 2,140 1,010 2,614 14,869*27,889490014973431148421001 1 9 0 0 223901594873422714135517814173290129755041537391500124122926 •323 064 143 106 240 650 205 41 128 70 15 27 59 359 10 5 52 19 31 35 38 29 S 14 97 133 27 59 318 103 11 175 198 52 0 21 1 1 TOTAL Legend: 11 277 0 5 12 93 4 36 1 25 6 1 11 69 14 26 28 54 6.181 728 1,057 0 752 1,391 651 660 3U9 2,219* 29 V. 8,961 3.367 9,085 18,123* SAS a Simple Assault PTY a Stolen Property SEX a Other Sox DWI a Driving While Intoxicated OTH a other |Excluding Traffic) 113 1.562 616 370 449 1 ,4’ie 8.24 744 295 96 106 247 46,592 FOR = Forgery VAN = VnndnI Ism HAR = Narcotics LIQ = Liquor Laws FRA - Fraud WEA - Weapons GAM = GambIfng 0 IS •= Disorder ly 'S'<o(0 51’ EMB = Embezzelment PRO = ProstItutlon FAM = Famlly/Chlidren » Inaccurate data: Other Includes approximately 2.000 narcotics arrests while NarroHr^ ic error Is the result of a programming error in the Minneapolis Police Department n?oirL tha? and sortrSc^SaJi: i rflu _o ;_±S" INDEX OFFENSES AND CLtAKANCES DY MUNICIPALITY AND CRIME HENNEPIN COUNTY T909 •o01>o(0 MunfcIpaHty BlooMington Brooklyn Center Brooklyn Park ChawD11n corcoran Cryatei Dayton Oaephaven-WoodIana Eden Prairie Edina Colden Valley Hopkins ^Ono Lake »pie crove Madina MInnaapolIs Minnetonka JlUUULifiDRj_Be a ch Mlnnetrlsta>st. Bonlfac KMound New Hope Prong Otsao Plyaouth RIchriaid Robbinsdale ^t. Anthony St. Louis Park i^South Lake Minnetonka Sprino Park_ _ _ _ _ wayzata -- --- - West Hennepin Hennepin County Sherirr U or M Metropolitan Airport Hennepin Parks total ToTAu. Murder Rape Robbniy Agtjrav, A r 5 - ;l f.Diirglary Larcuny Motor TOTAL Veil i c 1 0 INDEX CLEAR Theft Arson CRIMES ANCES 306 16 3,601 005 212 3 2,900 790 203 13 3.390 678 27 1 969 1 17 3 0 PERCENT 22% al% 26% 29 2 259 39% 0 05 5 6 11? 300 27? 506 28% 2 12 23% 109 22?•?n _2k?L_ 220 23?i 18 29% 977 19? 991 39% 2 iir“*'-liif h 59 20% 187 26t 2.807 6 16 97 1 IJ 22902991 . 159 1536 1 39 3 1,110 I9'i13190529668772031*0599901,636 1623961711393606231■ "17672976 725391 16 . i29701,3 39 0133796912390 )89 15,236 92.227 7,6 j9 0^2. 72,090 12,929 u OoZ TOTAL OFTENSF.S. CLEARArjCCS, AND ARRHSTS 0Y HUNICIPAI ITY HCHNFMN COUNTY 1909 Muni cl pat{ty Bloomington Brooklyn Center , Brooklyn Park rchamol In_ _ _ _ _ _ Corcoran Crystal Dayton Deophavon-Woodiand Eden Prairie Edina Golden Valley Hopkins -Long Lake_ _ _ _ _ _ _ Maple Grove Medina HinneapolIs Minnetonka Minnetonka Poach Cr I tnc I ndex Offenses I ndcx Clear ances Cr i me I ndcx Arrests Part I I orfcnscs 3,601 ’ 005 697 3,101 2,400 740 797 2,1)63 3.350 070 690 4,953 484 117 120 695 49 1 1 51 751 254 221 1,005 0 0 )|21 53 * 6 9 123 1,427 380 395 1 , 70U 1,847 500 530 1 , 103 913 2 12 00 944 032 104 1 15 1 ,044 82 20 7 136 Part II Clear ances 1,73 973 3 , 120 _ _ _35c TfT 75 N2,»i61 1.463 13 18 5.977 491 2 50 7 5.856 514 5 TTTIT' 378 20,756 1 , 160 25 30 763 14 09 1 ,007 500 613 721 91 -5W fnnetrTsta-St. BonTfac. Jr Hound New Hope Oreno___________________ Ostco Plymoutli Richfield Robbinsdale irSt. Anthony St. Louis Park jeSouth Lake Minnetonka ^rlnq Park___________ 112 293 709 154 144 1,660 1,825 772 317 2,300 235 76 ayzata 220 West Hennepin 122 Hennepin County Sheriff 200 U of M 1,432 Metropolitan Airport 448 Hennepin Parks 37 TOTAL 72,040 14 59 187 25 ~30“ 311 436 220 49 46*^ 54 11 42 190 16 241 275 224 60 309 45 290 453 925 382 -170“ 004 451 650 410 2,270 70 ' 207 14,284 650 IV-5H" 230 616 201- - -tj5- 1 ,015 036 329 233 1,309 601 Part II Arrests 2,002 1,472 2,716 393 31 740 15 14 1 1 ,004 641 445 753 70 - -~T9T 17 1 27,089 842 22 227 173 739 323 Tir 1,562 616 370 449 1,449 930 TOTAL CRIMES REPORTED 6,702 4,463 6,311 1 . 179 TOTAL CRIMES CLEARED 2,541 1,733 3,998 475 100 1,756 535 176 3,127 2,950 1,057 1,076 218 31 1,017 14 95 1.395 1,096 825 905 111 2,487 453 71,217 2,623 30 758 225 20,261 1,141 21 410 746 1 ,634 536 3TTT 3,672 3,276 • ,4.30 727 4 .650 942 241 231 297 803 306 133 1,336 1,272 549 282 1,849 655 TOTAL ARRESTS 2,779 2,269 3.414 513 32 961 15 150 1,399 1,179 533 868 77 451 178 33,745 1,356 27L 238 215 929 339 T43 1,803 091 594 509 1,838 903 121 52 z2 ?06 TTtT- -22 4 506 193 246 44 32 6 39 520 744 761 572 776 35 30 704 257 ?95 904 292 325 31 20 634 125 '9o 2,066 156 116 69 20 323 102 106 7 71 251 134 5 7 158 157 247 195 162 254 12,929 11,008 61,017 33, 104 40,592 133,857 46,123 60,400 7c: Page 54 /-i/ fj. LARCENIES AND CLEARANCES BY MUNICIPALITY HENNEPIN COUNTY 1989 Municipality Bloomington Brooklyn Center Brooklyn Park Champ1 in Corcoran Crystal Dayton Oeephaven-Woodland Eden Prairie Edina Golden Valley Hopkins Long Lake Total Offenses 2,585 1.702 2,071 333 34 505 74 30 1,096 1,328 587 541 Clearances N % 610 638 523 85 0 200 0 1 299 447 147 115 23.6 37.5 25.3 25.1 0.0 39.6 0.0 3.3 27.3 33.7 25.0 21.3 Maple Grove 699 165 23.6 Medina 52 15 28.8 Minneapolis 21,448 3,153 14.7 Minnetonka 1,097 423 38.6 Minnetonka Beach 11 1 9.1 Minnetrista-St. Bonifac.79 3 10.1 ' Mound 206 34 16.5 New Hope 493 122 24.7 Orono 115 16 13.9 Osseo 97 20 20.6 Plymouth 1,154 211 18.3 y Richfield 1,110 291 26.2 i Robbinsdale 52i 162 30.9X'A'St. Anthony 203 34 16.7 '1 St. Louis Park 1,636 365 22.3 : ■ ^South Lake Minnetonka 171 40 23.4 Spring Park 60 9 15.0 Wayzata 176 47 ZSJ.;West Hennepin 76 23 30.3 Hennepin County Sheriff 116 12 10.3U of r 1,334 21 1.6 Metropolitan Airport 379 45 12.1 S; :Hennepin Parks 34 4 11.8 F TOTAL 42,227 8,307 19.7 Hi Kc.L. Page 91VALUE OF PROPERTY STOLEN AND kECOVERED BY MUNICIPALITY HENNEPIN COUNTY 19S9 Municipality Bloomington Brooklyn Center Brooklyn Park Stolen Value Recovered Value S 6,737,870 2,447,568 2,000,519 1,850,588 1,336,622 757,911 Percent of Dollar Value Recovered 27.6% 54.6% 37.9% Corcoran 64,202 16,050 25.0%Crystal 586,797 106,915 13.2%Dayton 89,545 6,921 7.7% Oeephaven-Woodland 36,474 7,363 20.2%Eden Prairie 1,098,122 281,898 25.7%Edina 2,855,227 923,778 32.4%Golden Valley 914,406 426,329 46.6%Hopkins 802,945 342,954 42.7%Lonq Lake 39.737 55.786 140.4% Maple Grove 538,879 98,889 18.4%Medina 91,362 24,291 26.6%Minneapolis 33,517,552 12,671,389 37.8%Minnetonka 445,573 46,459 10.4% Minnetonka Beach 17.905 8,200 45.8% Minnetrista-St. Bonifac.77,049 37,456 48.6%-^^Mound 186,735 24.627 13.2%New Hope 533,477 254,638 47.7%Orono 327.394 58.762 17.9%Osseo 153,559 100,243 65.3%Plymouth 1,977,390 770,166 38.9%Richfield 1,499,666 793,812 52.9% Robbinsdale 676,328 360,801 53.3%Anthony 260,016 24,800 9.5%St. Louis Park 2,315,431 583,743 25.2%•^South Lake Minnetonka 208,863 26,629 12.7%Spring P.ark 79.239 37.703 47.6%Wayzata 222,614 30,791 22.8%West Hennepin 219,567 36,010 16.4% Hennepin County Sheriff 544,951 133,814 24.6% U of M ■404,430 20,602 5.1% Metropolitan Airport 994,567 656,573 66.0% Hennepin Parks 11,866 890 7.5% TOTAL $63,223,908 $23,034,209 36.4% oftj.vjc rcT/^«- ww^.Page 90 VALUE OF PROPERTY STOLEN AND RECOVERED BY TYPE HENNEPIN COUNTY 1939 Percent of Dollar Property Type Currency-Notes Jewelry-Metals Clothing-Furs Locally Stolen Autos Office Equipment TV-Radios-Stereos Firearms Household Items Consumer Items Livestock Mi seellaneous TOTAL Stolen Value Recovered Value Value Recovered $ 4,185,046 5 ’ 258,326 6.2% 4,092,803 233,372 6.9% 1,294,482 152,954 11.8% 34,232,092 21,327,778 62.3% 2,002,633 64,077 3.2% 5,486,846 177,096 3.2% 305,019 76,889 25.2% 515,332 34,258 6.6% 483,146 44,728 9.3% 14,760 766 5.2% 10,611,694 613,965 5.9% 563,223,903 523,034,209 36.4% * NOTE: Because of the time lag between thefts and recoveries, the items valued in "Recovered Value" do not completely overlap those in "Stolen Value." Recovered value can result from thefts in prior years. r»,;r?T'JUVENILE ARRESTS TOR RIME INDEX OFFENSrS DV MUNICIPALITY HENNEPIN COUNTY 1909 JUVENILE Municipal Ity Murders Rape F\obbery 'jgrava tod As sail I t Bloomington Brooklyn Center Brooklyn Park Champ 11n Corcoran Crystal Dayton Oeephaven-Wood'and Eden Pralrlo Edina Golden Valley Hopkins Lono Lake Mllaple Grove Medina Minnoapolis Hinnetonka H*jinetonka Beach Minnetrista-St. Bonlfac ^obnd New Mope Plymouth Richfield Robblnsdale ]4St. Anthony St. Louis Park ^South Lake Minnetonka Spring Park 15 6 0 0 0 0 1l|2 0 0 Orono 0 0 0Osseo00- - -0 0 2 0 2 0 0 fiurqlary 1. arcony 17 'I 22 5 2'i IN 20 1 1 171 262 198 62 0 2 0 1 13 1 i| 0 0 0 177 l\ 0 Wayzata 0—0 0 (3 " West Hennepin 0 0 0 1 Hennepin County Sheriff 0 0 0 1 U of H 0 0 0 0 Metropolitan Airport 0 0 0 0Hennepin Parks 0 0 0 1 TOTAL 2 16 173 26U OR. tj u c-c C 1 0 2 f) <1 0 9 1 5 0-i-r 0 253 7 C 7 6 2_ 16 11 0 5 0 ll 1 —O' u 0 1 0 0 Ij'l'l 0 7 I 0 1 192 158 I'l 22 3 9" 1 1 .2<l8 105 2 7 15 Oil 1 'IT 72 56 62 22 56 10 l| "7 3 3 5 2 3 3 ,036 U Motor TOTAL AS PERCENT Vehic1c JUVENILE TOTAL OF TOTAL I ho Ft Arson ARRESTS ARRESTS ARRESTS 3 1 6 268 697 38% 30 1 3 18 797 ‘10%39 3 290 690 b2%N n 1 0 0 0 1 02(I 87 221 39%0 0 0 0 0006967% 15 3 227 395 57%7 0 177 538 33%0 0 29 88 33% 9 2 39 115 3l4%0 0 3 7 431302058«18%0 0 1 7 14%600 2,ll32 5,856 42%15 0 211 514 41%1 0 3 5 6010001173%2 0 24 42 57%9 2 105 190 55%1 0 5 16 3111002230—m17111424147%9 3 00 275 32%17 1 89 224 40%1 0 32 60 53%• 20 0 09 389 23%' 0 3 25 45 56%1 0 6 20 30130102245%i 3 0 11 32 34%1 1 0 5 30 17%' 0 0 6 20 30%3 0 5 28 18%1 0 0 4 7 57% 1 065 31 4.853 11,808 41% O 17 n •s Page 40 - iT AGGRAVATED ASSAULTS AND CLEARANCES BY MUNIC.PALIT. HENNEPIN COUNTY 1989 Municipality Bloomington Brooklyn Center Brooklyn Park C^4PipUn------------ Total Offenses Clearances N % Corcoran Crystal Dayton Deephaven-Woodland Eden Prairie Edina Golden Valley Hopkins Long Lake_ _ _ _ _ Maple Grove Medina Minneapolis Minnetonka Minnetonka Beach Minnetrista-St. Bonifac A-Mound New Hope Orono_ _ _ _ _ _ _ - Osseo Plymouth Richfield Robbinsdale ■^-St. Anthony St. Louis Park •A-South Lake Minnetonka Spring Park_ _ _ _ __ Wayzata West Hennepin Hennepin County Sheriff u of V Metropolitan Airport Hennepin Parks TOTAL ^ N C to TAc— _ _ _ _ _ 66 31 104 15 51 19 156 12 77.3 61.3 76.5 80.0 2 0 0.0 22 18 81.8 2 0 0.0 2 1 100.0 47 36 76.6 19 12 '63.2 16 13 81.3 16 15 93.8 2 2 100.0 20 2 2,335 15 0 8 21 2 2 1,236 12 1 6 17 2 100.0 52.9 80.0 25.0 75.0 51.0 100.0 6 3 50.0 40 29 72.5 61 47 77.0 13 10 76.9 8 5 62.5 59 42 71.2 3 3 100.0 4 4 100.0 2 1 50.0 7 7 100.0 25 16 64.0 9 2 22.2 1 1 100.0 1 1 100.0 089 1,790 57.9 9 / Oc ^ Page 46 'BURGLARIES AND CLEARANCES BY MUNICIPALITY HENNEPIN COUNTY 1989 Municipality Total Offenses Bloomington Brooklyn Center Brooklyn Park 584 411 715 98 Clearances N % 66 26 73 13 11.3 6.3 10.2 13.3 Corcoran 10 0 0.0 Crystal 157 14 8.9 Dayton 28 0 0.0 Deephaven-Woodland 19 3 15.8 Eden Prairie 205 2Q 9.8 Edina 392 29 7.4 Golden Valley *233 26 11.2 Hopkins 181 25 13.8 Long Lake 8 1 12.5 Maple Grove 193 27 13.6 Medina 14 1 7.1 Minneapolis 9,342 596 6.1 Minnetonka 258 35 13.6 Minnetonka Beach 1 0 0.0 Minnetrista-St. Bonifac.15 2 13.3 ^^Mound 60 10 16.7 New Hope 126 18 14.3 Orono 27 6 22.2 Osseo 16 1 6.3 Plymouth 299 29 9.7 Richfield 393 31 7.9 Robbinsdale 148 22 14.9 St. Anthony 77 5 6.5 St. Louis Park 498 21 4.2 South Lake Minnetonka 46 8 17.4 Spring Park 3 1 33.3 Wayzata 31 1 3.2 West Hennepin 29 8 27.6 Hennepin County Sheriff 39 2 5.1 U of V 70 5 7.1 Metropolitan Airport 3 0 0.0 Hennepin Parks 2 0 0.0 TOTAL 15,236 1,125 /7T4" d*/wOfOo *IbT4t_S ■>' <Page 47 C-: ■■■kW::- « jm /. <V^ S'I Pi BURGLARY OFFENSES: TYPE BY MUNICIPALITY HENNEPIN COUNTY 1989 Burglary Forced Unlawful Attempted Municipality Total Entry Entry Entry Bloomington 584 305 206 73 Brooklyn Center 411 274 84 53 Brooklyn Park 715 451 204 60 Champ Vi n 98 65 12 21 'Corcoran 10 3 1 1 Crystal 157 90 51 16 Dayton 28 15 6 7 Deephaven-Woodland 19 4 15 0 Eden Prairie 205 108 86 11 Edina 392 177 169 46 Golden Valley 233 199 0 34 Hopkins 181 101 73 7 Long Lake 8 4 3 1 Maple Grove 198 95 93 10 Medina 14 12 1 1 Minneapol i s 9,842 6,379 2,669 794 Minnetonka 258 140 105 13 Minnetonka Beach 1 0 1 0 Minnetrista-St. Bomfac.15 13 1 1 ■^Mound ’60 26 24 10 New Hope 126 76 43 7 Orono 27 23 4 0 Osseo 16 14 2 U Plymouth 299 145 141 13 Richfield 393 191 147 55 Bobbinsdale 148 70 54 24 '^St. Anthony 77 42 33 2 St. Louis Park 498 335 96 67 VSouth Lake Minnetonka 46 29 15 2 Spring PJrk 3 C 3 0 Wayzata 31 18 11 2 West Hennepin 29 17 8 4 Hennepin County Sheriff 39 27 6 6 U of M 70 44 11 15 Metropolitan Airport 3 2 0 1 Hennepin Parks 2 2 0 0 total 15,236 9,501 4,378 1,357 '3^1 X7 li ( /■Page 55 LARCENY OFFENSES; STOLEN VALUE BY MUNICIPALITY- HENNEPIN COUNTY 1989 Municipa Iity Eloom!ngton Brooklyn Center Brooklyn Park ^ChampIin_ _ _ _ _ _ Corcoran CrystaI Dayton - Oeephaven-Woodland Eden Prairie Edina Golden Valley Hopk•ns Long Lake_ _ _ _ _ _ _ Maple Grove Medina Minneapoiis Minnetonka Larceny Over S50- Less ThanOffensesS200S200S50 2,555 1,046 rn 7621,702 487 578 6372,071 543 597 931338668818434 505 74 30 ^096 1,328 587 541 _ _66_ 699 52 21,448 1,097 iy 158 39 15 397 521 225 212 J9_ 231 15 7,373 244 8 165 15 10 330 425 119 150 _Z.1_ 145 13 4,696 191 182 20 5 369 382 243 179 _2d_ 323 24 9,379 662 Tota I Stolen Va I ue S 1,962,863 481,148 555,874 79.535 176,722 53,531 19.871 531,530 1,501,125 265,336 174,086 15,162„ 267,852 27,261 6,543,140 260,726 Average Loss Per Larceny S 759 283 268 235 o rr 350 723 662 485 1 .130 452 322 __?30 383 524 305 238 Minnetrista-St. Bonifac. ^Mound New Hope Orono 1 1 79 206 493 118 - - .0.. 26 73 174 46 25 64 167 38 4 28 69 152 34 ' •- . 5,705 24,869 80,947 163,722 83 674 - --319. 315 393 332 Osseo Plymouth Richfie1d Robbinsdaie •♦•St. Anthony St. Louis Park .^South Lake Minnetonka Spring Park 97 1 ,154 1.110 524 203 1.636 171 _60 30 436 299 123 57 602 ' 77 26 29 372 329 192 44 467 50 18 38 346 482 209 102 567 44 I9 U J g fj t ^ 25,709 555,315 286 .079 205,168 65,095 712.942 142.560 3 8 487 f cO 26'5 48 1 238 392 321 436 334 C, O 1Wayzata West Hennepin Hennepin County Sheriff U of M Metropolitan Airport Hennepin Parks 176 76 116 1,334 379 34 74 20 72 369 206 23 62 23 28 398 109 8 40 33 16 567 64 3 - - - - -- - - 1 92,362 135.028 373,382 357,891 254,166 11,140 525 1 ,777 3,219 26: 671 328 TOTAL 42,227 14,345 10,746 17,150 $16,556,788 $ 392 • Larceny stolen value amounts may not agree in all tables because of inconsistencies in reporting Page 60 , I , iMOTOR VEHICLE THEFT AND CLEARANCES BY MUNICIPALITY HENNEPIN COUNTY Municipality Bloomington Brooklyn Center Brooklyn Park Chamolin 1939 Total Or ft.-'ses 306 212 283 11 Clearances N % 47 15.4 35 16.5 94 33.2 6 22.2 Corcoran 3 1 33.3 Crystal 52 14 26.9 Dayton 10 0 0.0 Deephaven-Woodland 3 1 33.3 Eden Prairie 66 27.40.9 Edi na 90 15 16.7 Golden Valley 64 20 31.3 Hopkins 77 21 27.3 Lonq Lake 4 2 50.0 Maple Grove 48 17 35.4 Medina 6 0 0.0 Minneapolis 5,488 464 3.5 Minnetonka 82 20 24.4 Minnetonka Beach 1 1 100.0 Minnetristd-St. Bonifac.12 3 25.6 •i- Mound 16 7 43.8 New Hopo 47 21 44.7 Orono 10 1 10.1 Osseo 22 14 63.6 Plymouth 153 33 21.6 Richfield 194 44 22.7 Bobbinscale 66 22 33.3 'I'St. Anthony 20 3 15.0 St. Louis Pari 162 25 15.4 •i-South Lake Minn 13 1 7.7 Spring Park 8 5 62.5 Wayzata 11 3 27.3 West Hennepin 7 4 57.1 Hennepin County She.12 2 16.7 U of M 0 0 •• Metropolitan Airport 64 22 34.4 Hennepin Parks 0 0 TOTAL 7,639 995 13.0 0(^0 K)0 ToTAl.o i. 1 i_ V.Page 61MunicipalftyBloomington Brooklyn Center Brooklyn Park XhampI;nCorcoran Crystal . Dayton Oeephaven-WoodI and Eden Prairie Edina Co I den VaI•ey Hopkins Long Lake THEFTS:TYPE AND STOLEN value by MUNICIPALITYTota 1 Motor T Y P E 0 F V E H 1 C L E TotalVehicleTrucks-Other StolenTheftsAutosBusesVehiclesVa I ue30624S2533S 3.966.50621217229111,271,9032832272927809,968271051293.9033 52 10 3 66 90 64 77 U 2 42 4 0 55 78 64 63 ^Mound New Hope Qrono Osseo Plymouth Richfield Robbinsdale ^-St. Anthony St. Louis Park 4rSouth Lake Minnetonka Soring Park_ _ _ Wayzata West Hennepin Hennepin County Sheriff U of M Metropolitan Airport Hennepin Parks TOTAL 12 16 47 10 8 7 40 h 22 153 194 66 20 162 13 8 9 110 186 60 17 129 ■0 3 1 1 7 12 0 64 0 7 4 6 64 0 7,639 6,366 Maple Grove 48 27 3 10Medina6 4 0 2Minneapolis5,408 4,632 342 514Minnetonka8265512Minnetonka Rnaoh 1 n 0 1 2U , 3DCT 271,270 21,350 0,400 332,229 716,263 4:2.424 367,459 23.100 144,062 44,500 19,902,213 13,701 0.200 AverageLossPerTheftS12,962 6,000 3.145 3,4706, / b/ 5,217 2,135 2,000 5,534 7,958 7,402 4,772 502X 3,001 7.417 3,641 167 0.200 .T. 0 4 35,532 2,9612744.750 2,797 2 5 223,904 4.7640625.500 2.55076117,230 5,3298271 ,038,941 6,790 3 5 923,251 4,7593 3 408,330 6.107 2 1 ■"5,850 3,793261,T’9,660 7,282 0 42,875 3,293042.500 5.3132262,150 5,6500333,625 4,804 0 5 U8,250 10,688000000738,295 11,5360000 515 758 $33,768,482 $ 4,421 /<4 *7 9 H.iin ite WiPv fe ir^ P#- i'g,B5 Page 66 ^ X '-'i t T / 5ARSONS AND CLEARANCES BY MUNICIPALITY*HENNEPIN COUNTY 1989 Total Clearances Municipality Offenses N X Bloomington 16 9 56.3 Brooklyn Center 3 1 33.3 Brooklyn Park IJ 5 38.5 Chaamlln 1 0 0.0 Corcoran 0 0 “ Crystal 4 2 50.0 Dayton C 0 “ Deephaven-Woodland 0 0 “ Eden Prairie 0 3#50.0. Edina 6 0 0.0 Golden Valley 1 1 100.0 Hopkins 5 1 20.0 Long Lake 2 0 0.0 Maple Grove 4 1 25.0 Medina 0 0 ” Minneapolis 314 40 12.7 Minnetonka 3 0 0.0 Mlnnetnnka Beach 0 0 - N1nnetr1sta-St. Bonifac.2 0 0.0 ^Nound 1 0 0.0 New Hope 6 3 50.0 Orono 0 0 U$MO Plymouth Rlchfltld R^bblnsdale 4-St. Apthony St. Louis Park South Lake Minnetonka Soring Park_ _ _ _ _ 11 11 ITiyj»fta West Hennepin Hennepin County Sher'’‘ U of K Metropolitan Airpor Hennepin Parks 18.2 18.2 16.7 0.0 100.0 0.0 0 ft 50.0 0.0 V. -I 17.2 * Arson counts muy not agree Ih reporting. in all tables because of inconsistencies dftdUo *To7Al.‘0,0 1 67MuniciptIityBloomington BrooKlyn Contor Brooklyn Pork ChomnIin Corcoron Crystol Ooyton . Oeophovon>w..- r'* • and Eden Proirlo Edino Coldon voMoy Hopkino ARSONS: TYPE OF PROPERTY BY MUNICIPALITY*HENNEPIN COUNTY 1989Arson STRUCTURALTotal Residential Non-Residentfal Mobile Other 16 2 7 1 6 3 0 2 0 1 13 3 316 _ _ _ _ _ _ _1_ _ _ _ _ _ _ _Q_ _ _ _ _ _ _ _ _ _0_ _ _ _ _0_ _ _ _ _ _: D" 3 0 0 1 1 0 1 Hapfo Grove z 4 0 1 1 0 1 0 —f-Medina 0 n 0 0 0Minneapoli%314 127 131 49 .7Minnetonka41120Minnetonka Beach 0 0 0 0 0 Ninnotriata-st. fionifac.2 b • 1 0 1 Mound 1 0 0 1 0NOW Hope 6 2 1 1 2Orono0fl000Oaaoo20110Plymouth113125Richfieldn0434^Robblnadaie 6 0 3 0 3▼ St. Anthony 0 0 0 0 0St. Loula Park 4 0 0 2 2 ^South Lake Minnetonka 1 0 0 0 1Snr i na Pm^ie . 1 n 0 1 0 Wayzata 0 0 0 0 0 West Hennepin 1 1 0 0 0Hennepin County Sheriff 4 0 3 0 1U of M 4 0 0 0 4 Metropolitan Airport 0 0 0 0 0Hennepin Parks 0 0 0 0 0 433 142 169 69 53 * Arson counts may not agree in all tables because of ineonsistencies In reporting. e 1 7 O You are Invited to Long Lake-Orono-Medina Senior Center's First fe Holiday Breakfast ■ 2 jdo h Ir ii. m At 9:30 A.M. Saturday , Dec. 15 St. George Catholic Church 133 South Brown Road We ivish to thank everyone wh"' has ^ven support to this new program for nonioi cizens of the area. A meinber of the Center's Advisory Committee will be contacting you. £d /filler, /^resident of /Advisory Council > IF ORONO CITY of ORONO Post Offic« Box 66*CrysUl Bay. Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka November 30, 1990 Edward H. Hamm 408 St. Peter St. St. Paul, MN 55102 Dear Mr. Hamm: Thank you for your letter of November 15, 1990 regarding Inspections of the septic systems on your 1^1978 be aware, the septic inspection program ^eat^of as a means to manage on-site septic systems in the rural areas of O?ono. The purpose of the program was to li^rt construct very expensive municipal sewers in the 2 areas of the City. The program is funded by an annual charge to wHth a aeotlc system. One of the goals of the program is to citch individual system problems before they result i" system represents a potential health threat to failures occur. The program costs represent a potential small investment compared to what may be costly alternatives. If sewering becomes necessary because of ®®Pgg| lures there would probably be pressure for deVelopUAt density to maL sewer "affordable". This would lead to increa ed run-off and pollution of Lake Minnetonka, one of greatest natural resources. Noting that our inspector found one of your ®y®teirs to be in need Tf repair (480 OroAo Orchard Road), we stand ready to work with you regarding the repair,. Thank you for your letter. MEB/tln ^ c,c: Mayor Graljak and Council Members BUILDINGS ZONING - 47 3-7357 • assessing ADMINlS'i'RATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 ON SITE SEWAGE TREATMENT INSPECTION REPORT OF ORONO OWNER ADDRESS On the Sorlh Shore of Lake Minnetonka POST OFFICE BOX 66 1335 S. Brown Rd. Crystal Bay, MN 55323 473-7357 (ychj/.cl !2j. PERMIT NO.'S.DATES O-PlilL CONTRACTORS City OfdSwe* No. 210 rtquirw rti« •ach on-iite >«wage treatment svitem in Orono be mipected on a regular bai.i. The on-».te sewage Mfit lyttom ot ttte obowo eddreta he* been mipected end eppean to fail into the category checked below (Thii it CS an axiating tyttem □ new conttruction) e Maott or axeaade eurrent City ttanderdt in ail raipecti relating to detign, comnuction. and location. Appear* to be operating * prooarty. 1^1^ 9 t>iTti not meet all current City standard* for new construction (1978 Codel but in most respects appears to be designed, ^ conatructad ganerallv m accordance with previous code*. Sv*tem appears to be lunctionmg properly, no maior upgrading of the *v*tam i* required at this time. n •» Doe* not meat current City standards m many respect* relating to design, construction or 'ocanon. Appears to be operating »—J adequately at thi* time, but ha* a retetiwely high potential for future problems. No maior upgrading of system n required at thi* time. n A Sv*ttm mev or may not meet current City standard* tor design, construction or location, but is failing to properly treat and ^ di*00*a of the current input, and n endangering a water supply. or is a source ot pollution to surface or groundwaters, or is creating a saftty haiard. or .* oiharwisa creating a public nuisance Pieese contact the C.ry inspector to discuss system repair/ raplacement procedure*, if dramfiald f#placerren» is necessary, soil testing will osusHy be required, and a design and site plan mu*t be submitted for review Your cantracto t obtain a permit before work .* started. SYSTEM CONDITION ( Q) Checked item* may require your action) Tank impaction indicate*: O' Pumpout not needed at this time. Q Soiidi accumulation in tank* indicate* ihev should be oumo* ad out tfii* year to haip prevent future problems. O Soiidi accumulation in tanks is at a critical level. Tanks ifiouid be pumped out at soon as pouibla. □ Syttam is disefiarging to surfaca. Tank* mu*t be pumped within 4S houn to tiiminata surface discharge. Q Inwaction risers miuing—tanks could not b# inspected. Impaction riaars (4” dia. pipel must ba imtallad in each tank at next pumpout. If tanka have not bean oumpad out within the leaf three years, they should be pumped out now. G Inspection pipe it located directly over tank baffle. (Doe* not give accurate measurement of soiidi accumulation.! If tanks hava not been pumped out withm the last three years, they should ba pumped out now. □ram/ield inspection indicates & Orainfield is dry, no surfacmg evident. □ Some evidence of surfacing, not critical vet. C Orainfield is saturated and visibly discharging untreated effluant to the surface. This condition may require replace ment or additions to drainfieid. Contact the City inspector immediately. Repairs must ba completed within 90 days. C Orainfield extent and condition unknown SITE CHARACTERISTICS Limiting Site Factors □ Slope □ Soil □ High water table □ Lot size □ Lcka. wetland, or stream □ Oreinega Potential for System Failure (depends on soil types, water table, and system condition! □ Low B Medium □ High G System n causing visible Site Capabilities for Future Expansion C Adequate i_j Fair G »*oor Lj Inadequate COMMENTS sudace discharge. ' f, j , i / it The. fna 4^ rrench^S- Date of Inspection Peptic System Inspector Note In the event that this inspection report is used to let.sfv the requirement, tor e mortgage or other trensfer of property. ^ Vila reporTlMa not guerantae or certify that an axiating wstem wui contmua to function properly. but n merely an opinion of me adequacy of the ayatam under current condition, baaed on the evailabfa information This report must ba kept on the premises with system location and pumping records. WHITE COPY / Inspector's File GOLD COPY ' Homeowner Q Edward H. Hamm 408 St Peter St. St. Paul, Minnesota 55102 3^ 612 / 298-0217 i:s KOV ^ O^ISSO 0 y\j! CJL ■OL. <?/ '-a- 4 t«-<_ I / ■^/ y/I fu { I % y -- 7>' V kl/ujf 'C.Aj Edward H. Hamm 40B SI. Pel*f SI. SI. Paul, MinnrMU 5SW2 ' V 1*1 I’OV . r.v • ^ ■-a > ^ C' h C Lf o f-t £rtr 3 -2,"^ 15 forHE MONDAY BRIEFING / Gove !G o with the flow/Speed limits are relative tM^r\ sP 5 '\i' V\ >■1 : * .-!t ^ ; i.t t-**. •tyCrttw'"'-Wi»*? r'» i SttffWriier , |i I' 4'U' f „«p^'I.Aimotonmdrivealoni Minn«ou .kifhwtyi. they •"•«ht feel they i« bemi ySy co«lfo«Wbythoieb*eck^ml-*hiie jperiJ ^ *j «•«>» «‘l« .1 Bet ju»i the ftvene i» itiie in miny spots— * driven >re«ontrollin| the signt. .'i , -1 Wljentnir»cen|in«neonsttlef *h«ihtr ' ' **' iiiwd limits should be chintfd. often the ' moM innweniitl fic'or is the spew) »*f j'lrilBc. *. t ^' Ttai‘1 a «»e«-esuWished ponciple to those • ‘' U' in ihe tralllc emineenni rntemny across ‘i 1 • U« aaiioa. It hinfca on two iheonei; I I. tr • -s» ■” • ONt Molt peopie can be Irosted to drive at •' ‘ ■ rtMonaMc ipccd for the conditions. • ' > ■ TWO. Their behavior can t be chanted much, anyway. •. * Other facion art considered — curvev road condition, number of intersections, amount of readiidedevdopmeni, accident rates. , and to on. But the principle of prcvailina ; tpeeditabipone. ' The City Council in the city of Lamberton . ■ in touUiwctlcm Minnesota learned about ‘ that principle recently when tu request to reduce the speed on Hwy 14 was 'urned down by the state Oepanment ol Traniporution. Hwy. 14 passes ihrouth the nonhern rdpe ofUmbenon's residential section. The tiaic speed limit of 55 miles per hour is potted outside the aiy. but moionsis are supposed to cut back to 45 before they come into town. After that, they can enme throufh at *5. No stop si|ns or ted li|htt Icntihen Iheir tuy in Lamberton Thai’s 100 fast, council members said, so last spnni ih^ asked the slate Department of Trantporuiion to drop speeds to 35 in town. 0 \ Radar ^ ; mph • rhdN*4Knoint SlV mAO . BiDU ■ Radar ^ ; mph , checkpoint L-j • Resideni-al S 'ITj area Oiy limns ; Just about everybody m Lamberton It' rs on the south side ofHwy 14, but there it a business stop on the north tide, vaid C .i> Getk Steve Flait ’’We ihoufnt there was quite a bit of cross iraftic .. tVe v- id a few accidents with bikes or pedesii. .-iii, and we felt if It were loweied to 35. like oilier communities have along H*-» 14 tnat it would slow iralTiC down and *e wouldn I have as many accidents or close calls ' le Trantporuiion Depanment sent Jeff KnofcivnUi to Urrbenon on Sept 21 to find out how (asi the can and inicks were loing. He arrived at II a.m and took a position onll*>. :4j.tt*est of the rpot vherr Mam Sireei inlenects. Aiming his radar gun at westbound iriiTic. he clocked 1 33 vehicles, just about every one of them going latter than 3 5 T*enn-mne percent were exceeding t.be petted tpeed of 45 The median tpeed was 42. and the ’pace ’ was 39 to 4g (.More about pace later.) Eighty-five percent were going 47 or slower, and that's an impo.iani point Traffic engmeen like to set their speeds close to the 85ih percentile because iiudies have shown the fewest aondenu befall driven going no more than 10 mph faster than the median speed That often works out to about the g5ih percent of all dnvers. Knofeaynski found about the same speeds when he wheeled hii radar around and aimed il at easibound traffic. Clearly, the Trantp. '"o** rvpanmenl and Highway Patrol would ha « a big job on their hands if they tried to hold speeds to 35 It would be wrong to try. concluded Knofcavt..ki s boss. )teiih Vost. the highway disinci traffic engineer m Willmar. •• . he speed the iraffic is going is a big part of tJui determination.'" said Voss “The motorist I! taking a lot of information into con;>deTaiicn: roadway conditions, weather conti’.ioniL '.Vf feel most of the dnven are prudent, safe dnvert They II go through there a; a uie tpeed "If we lowered the ipeed limit, lower than the prudent dnver would drive, it doesn't reduce speed. So you wouldn’t really accomplish anything by putting in lower iimiis.’’ So what harm is there m inmg a lower speed ’’ Thai s where pace comes in. Pice IS a lO-mph range of speeds that encompasses the gtraiest propof lon r.*^^ vehicles- The object is to get as many irt aa possible into the pace, to avoid c^tci between fast and slow can. The ideal ^uld be 100 percent In Lamberton. it percent and that was aboiit typ- il Sisiy and belo* would be troublesome, said one officul- “1f you lowered it (the speed limit), you’d widen that pace band.’’ esplained Voss. "Some law-abiding dnven would slow ^ down and you d gel a greater vanatioa Riig. the aiy clerk, doesn t go along with the department ’s reasoning. "I think if you lower the limiii. you can eventually lower the speeds." he said. “To say they ’re going at a certain speed, and you can I lower iL doean't make sense. Il i«ms that s the . pttrposc of speed limits.’’ Speed Itmiii don’t have much eflecl. wd Dan Brannan. a Knior highway technioan He aied studies showing median speeds before and after a change in postinga. In case after case, whether the limn waa raised or lowered, the driven kept going U about the same speed. • Only when you lend the Suie Pau^ over there and ticket people nil ihey’ie blue, do you sec 1 change.” So why bother setting any speed limtuT “li t for enforcement purposes.” Mid Brannan “Il 15 percent are dnving reasonably. 15 percent sren t reasonable, •*Af>d • ccfuin liraiU the CTfof«n«m cOicer down i ht« to fview I. ' - i'.vjl ■ ■ 'i--':' i' .’T' I'-: i .v. ' ■ 3 4 .y? ■ •• -r ■' ■ f ■ ■ t ■; ■ /; • i.j:; I . ’* is'. ■ ■ Isf,115 Sf ri.td'.l-y to: Proa: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrator^ VJ 12490.1 Date:December 6f 1990 Subject: Personnel Policy Change Attachaent A - Draft of Personnel Policy Changes and Updates Attached are proposed changes to the City's personnel rules. The major change would be an increase in the general employees vacation schedule to equal that of patrol officers. I would request that you please inform me of any objections or problems you have with this proposal by Friday. The nature of the subject is such if it is not acceptable, substantial public discussion would have the problem of raised expectations not being realized. The vacation schedule is an issue with settling the police supervisors' contract. I indicated I could only recommend that the police supervisors unit receive the same vacation schedule as the patrol officers if general employees received the same. The balance of the police supervisors* proposal will be presented to you withir the next two weeks. la " r* To: Mayor and City Council PrcM: Mark E. Bernhardson, City Administrator Date: December 6, 1990 Subject: Personnel Policy Change Proposals Attachment:A, Proposed Personnel Policy Changes B. Vacation Schedule Comparison ISSUE - Determine if Council desires to adopt changes proposed in Personnel Ordinances. 1. Maximum amount of vacation leave carryover from year to year, 2, Vcwation schedule for general employees. lyTRODUCTION - The current personnel rules were adopted in 1985. The purpose of this proposal is to ensure a consistent practice across all personnel giving equal benefits (as opposed to pay rates) regardless of the position they are employed. (The differences between regular and part-time would remain the same.) DISCUSSION - Issue #1 VACATION - Maximum Amount of Carryover - When the rules were initially adopted the amount of carryover was set at 112 hours which equals 14 days. Howeverr since a general work week is 5 days there was discussion of moving from 112 to 120 to equal 3 weeks. In the contract adoption for the Police Patrol Union on August 9, 1990 this provision was included. The reason for the maximum is to limit the city’s liability for financial carryover from year to year and to a degree has not worked a great hardship on anyone. Increasing from 112 to 120 hours does not make a significant impact on the city's liability for unused vacation. Vacation Schedule - The ■ » •'♦'.ion schedule currently used was Included in the Personnel Rult.^ . -at were adopted 12/1/85. The Patrol Officers in their contract, nowever, since about 1980 have had a more generous schedule. Generally these benefits are compared Internally so that everyone has equal benefits. A*tachment B contrasts the current general employee schedule with ti at of the Patrol Officers. As you will note there is no difference in schedule the first 10 years of employment with the changes beginning in the 11th year on, resulting in 3 additional days of vacation from the 17th year on. In a 25 year career with the city, this would amount to a total of 1 extra Jay of vacation a year for general employees with the benefit going to long term employees. ALTERNATIVES Policy Vacation Issue #1 - Maximum number of days a. 112 days b. 120 days c. Other Issue #2 - Schedule a. Continue with current s^aedule b. Adopt the proposed schedule c. Adopt an alternative schedule R£ JMMENDATIQN - The following changes ^re recommended: Vacation Maximum accrual carryover - 120 hours Schedule - Proposed schedule as outlined in Attachment B Oner a decision has been made as to the?e items staff will prepare an updated full document which will incorparate other changes the Council had previously authorized. PROPOSED MOTION - Moved by __ amend the Personnel rules carryover to _ _ _ Ayes _ _r Nays _ _, seconded by _ _, that the Council to increase the maximum vacation and schedule as outlined in Attachment B. 306. VACATION 1. Vacation leave is authorized absence from work, with granted employees as outlined in 304. The amount of vacation leave ' dependent upon an employee's length of service measured from L last date of hire in accordance with the following schedule, except that new employees shall not begin to use vacation leave until they have been employed six (6) months. Tjgh 5 years "•ontinuous service; b . ugh 10 years continuous service; 11 through 15 years of continuous service; 16 years of continuous service: 17 years of continuous service: 18 years of continuous service; 19 years of continuous service. 20 years and over of continuous service; 3. Administration of Vacation Leave, 10 days ( 80 hours) 15 days (120 hours) 18 days (114 hours} 1 9 days (152 hours) 20 days (160 hours) 21 days (168 hours) 22 days (176 hours) 23 days (184 hours) A iP’niraura of ten (10) days vacation must be taken an’^Uilly and no more than 15 days (120 hours) accrued from year to year with the balance being lost on December 31st, unless otherwise appr-^'^ed by ti.« Administrator. : ;■ m: ’9m. m m:. y%i lii^%. ; COT or *WMn to omi fraa varioos a foot om tilt proforty nof tlut a of aif holdinpi. It thcrt il any Q . Vi-V.^ i, tes* S-Ct -:g^S- * of ail holdinpi. If thoro ll any JpC* cpal eoiinial ihould bo rotalnad to' '“ J. ' SoS^ 3 tho aiirvty. ._■ • ’vsr:.-. .0 h«a-a to W_ a / par. 10S3S tat. if *o“ la fOlid in. " ..'I. - :;v: _. SHoW^ toti/farric. < . '<■ BAYSIDE RIDGE R.T. DCX:. NO. 100 50 aHHi SCALE IN FEET !««•• «r miw—u. ■; i'■ 1km 0m%'kt Itmt A, lyliw ■wiWly of U m fblWMti« dMoriM lliw: ^ n—i»i|— M «ha AMtAaiM QBMir of Bid Ttact A; tem •auUMrly rnlrnm *t» mm Itm of mtd fMot $, m dlatno* of 4M.M feat to U m mttaMt amw at mtd «Hut A. iMoii to tto ibIiiA ut toctmlnt nf the llna to to dncrlto«i ttonaa (toriaDtinB *1 to»i— 44 alAMto* 44 Moaito to tto ri^ • diotf or 43A.M fMt to tto Mt Mao of aoid Troet A tod Ikw* tarattotiM, UNI umnr m. t«, tu* of a» to«i*tnr at ntito. omm^ Ito* cauoal tto mbb to to Mtovto tod platted aa BAYSON nOtB <fc> torato (rtot to tto Clip of Ctm> tto toolaoto and utilitp aaotointa aa aduMi on tto plat. to Mttaatoti »tf», toao _______ ______________ >• __• tod told Mm D. NoDomU tod Lairla D. N c OmU. htotamd Mai «lfo. haao toCMto ait ttolr toada tUa and aald tldtodlll state Aato, a ttoaa praaaata to to altoad to lU at _____________. 1» aad todd tor of kito offtoara laatotorn aarliico oration UHa __ omoara thla ___ _ l.d.l., a toa oauaad ttoto praaanto to to alMiad to tta pra|aR- of ________________, 19 ___ Ctorlaa M. toyaai 'rJE BASIS FCR '-E BEARING SV5TEM IS ASSUMED DENOTES iRCN MONUMENT Malto r. tograato 9I(ND: Rnauku mMK mm Fradarlidi Wnatoa, lU Oiairton of tto ioani i.S.MN/.GE AND ij*' jnt A’N Th:;S --i___ IT I EASEMENT'S ARE tonrU D. HoikMaU aiOMB: INVB9IOi SAVINO BAM(, I.S.B. Mat O. lotoaan, Jr. iU txooutlv* vioa Praaldaat and Chlof Land1 to Offioer ntm or mu—na oouRv OF MNdanii I BEING 5 FEET IN WIDTH,UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES AND 10 FEET IN width AND ADJOINING STREET LINES, AS SHOWN ON THE PLAT foradaini tnatr toad tod aohnonladgad toforo aa tkia _____ top ___,« !• ________• hr Oiarlaa N. Hapaaen, anj Helen f. SATHRE.BERGOUIST, INC. Natorp Public, ItomadUi Onaito. WanaM Cotoloaiim NqiiJtoi:_____________ ^ ’■'itta fotadalto taatruMto toa adtatolatoad tofbra ae thla to# - of ________________. M___. to Jata D. Nrdotoll and laurtTirffiKii^rt Motarp Piddle, thaaiaptn Oarntp, Hiineatoa Nr OOBBlaaiai Bqdrea:_______________ snmi OP miMKjrA cnUfTY OP HDWKT - nail and Lawrla D. NNkiuall, laadaMd and wife, fee Savtoto Mnh, Pji.i., a N oaaota oapparatito and UddldaU MMto toah, a Manaaota Mnkito oorporation, aortM—aa, of tto roUoHlad toaorlbad land aitiMtad to tto State of mmaaota, Ontaitp of MmitoiA to ait: T»mA D, ■turn—U UM> aUMnr « S40, aoconllos to tto ruea of tto JMBlntrar of TlUea. And that Jato D. toOaaaU and tourla D. Mdkanll, hutoaod and wlfa, faa oanaia, tod III—ttli StaAa toto, a MliswtoHa toaklng oorperattan. Mat—na. of tto ItaUoatod dacribad land aituitad la tto Stata of Nlnneootoi CmaMp of to alt: tTM9t A. —lum UM> SLNvnr NO. T4d, aneopt ttot part of aaid Ttnpt Iplto aouttorlp of tto roUoati« daaurltod luaa: Ooantooiad at tto aerttoaat raraat of aaid Tract A; thanre aouttaplp and tto aast .lot of aaid Tract A, a dlalanca of 4dt.44 fact to tto coaran- of aaid Tract A, ahich la tto point of taMiiaiins of tto Itoa to to dnanrtbnd; ttonra daflacUnd SI dasraan 44 aiiadaa 44 aartaida to tto r—t a dUtanoe of 42S.M faat to tto aaat Una af aaid Traot A and ttora taratontlag. UM) aumn no . T4S, fllen nf tto Hasiatra' of Tltlaa, Onaitr raid Char— N. It—ato. rad Ha— P. Ihiraaan, kuaband and aat ttatP — thla ________ top of Itia forcHo— oannt toa ndmatlac—1 before an thla of _____________________. 1* ____, bp PredBTiok MioaUn, Its OttinKn a^ tl»4 —Id and Botaart 0. Artiaaan ita Preaident of Ri—tola State Batt. a BatotoH oorporatiem on faetolf of tto ixoporetion. Notarp Mdlo, Mnaiapin Cbiattp, Winnaarita Nr Goto— Etplcea: ____________________ BTXra or KM—WA ccUfTT OP tggtopiN Ito forafoinC inatruamt toa anknoHledtod before to tMa . top of _____________________> IS ____j bp John C. Lrtoaiwi, Jr. Ita V— Frealdtot tod GhIaf Lending Offioer of Inreators Bavli— Etadi I.B.B., a Kn. a>ta oorporation, on behalf of tto oorporation. Notarp ftiblir, Ibenepia Cointr, NleninioLa tt OnnBiaaion Eapim:___________________ 1 toratp oartifp ttot 1 have aurvepad and platted tto pratatrlp daabrihad Ml thla plat aa BAY8US BIDtai: ttot thia plat ia a oorrect repraaantaAlto of agM aureap: ttot all dlatanoto are rorrertlp ahoun in foai and lead——d «f ttH foot: that all nmnante have been cvu^reetlp placed in tto grotod to A—glt T and ttot all tto outaito boundary linen are norrontlp deaigna— agS UHto —tC no totlande or public highNaya to be dretgnatad on laid plat. Ibonaa S. Btrggdat Biglateral land Sunepor NUnaaota Lioma No. lITt HTXIt OP KINNODTA auirr op mtm 'ji ito ftarago— a—Cert if lent* raa aoknouladgad before to thla ____. I* _____, bp Ibcaaa 8. Bargipilat. —d Sbrtopto. Notarp Mdilic, ttoeiepln Coiaitp, Wianaoota Hr Cotolaalon Srpirea:___________________ OaCND, HUA—.tfA ■ "i -.ii Ibia plat of BAYSIBB RIIXX tan approtod and anrepted bp tto Clip CCUaHil the City of Oraio, Wieieoota at a regular tooting thereof told thin day of ■ IS____. If applimbte, the urltten raoraan—tlona of tto Coauanianer of Traoeportation and tto —ineer ha»a bean received by the City or the preacribad 30 tlapaad idttout leoelpt of atapi coaneata and i N—aaota Statuea Bectioo SOS.03 Subdiviauet 2. ., Mayor AtotnlatrnUir PKSWTY TAX AND KBLIC HXm MMnKMT, Bennepin County, Ninnaaota I torato oartifp ttot tto taxaa rapahle In___ bean paid for land dancribnd on this plat. of '___________. IB ___. d thla _____ 4Rf'' OkU 0. RLSTAD, IBWIPIN LXXSffV AUDIKH tt:__---------------------------------------Deputy SUMY DIVISICM, Hennepin Uowitp, Mlmaaota FUrauent. to Ninienota State Ber. Ihie ________dap of____________ a—.SM I ISM), thia plat ________, IS ___. t—M» 8. UUHDI.pn ooutrr Mvntsi -.iiNTED ihO L‘ ■■ I'S'^ .it'iH'uiSl.iHC is;. T (. ■• 1 '• ■ 1 i fSt *f -> DUMAS .ORCHARDS . i:;- -■ 1 -nm— i *#■».•* «/»•! iff i1 . ^7^ P e. ,■? w) 5 t. i/J %2 ?(•>) :;; • ?, J/J5? ' I? TijI 1. P. 1 ’ '7 Dmnotmm /ron monum«nf P«not«« •x/«f/ng mpot •l•v•||or» P«nol«« proposed xpQl mluwmtlon Omnotm* umniimrf amwmr D»nof9 wmt9fmmin Dmnof mtorm mmwr Dmnotmu conUmrou* trmm Dmnotma d«c/duow« trmm 0«not«c owrhmmd powmr f/n*s So/ld conlour linrn* denoUs •xisffng r««fur«« EXISTING PARCEL LEGAL DESCRIPTION; The North 16.00 rods of the South Three-fourths of the Southeast Quarter of the Southwest Qaurter of Section 33« Township 110, Range 23, Hennepin County, Minnesota. Lot 1 squire feet - 2.t6 Acre®- Lot 2 • 11*,♦« square feet - 2.Acres ©Koad Area - 8,7U square feet - 0.20 Acres \ nt. >ts! rZ't’TO Mvi«t REVISIONS DRAWN SY I h«r«br certHr tlw> tMi turvayi »i«a v rtperi m« pra^iad «•Preliminary Plat I" = W DATE BY REMARKS p.a.m.Of <if>dar mj dIrMt tvptrsitien and <»at I am 0 d«>y Rt^iaurad ALL-METRO LAND SURVEYORS BOOK Inxst 13 1 PREPARED FOR. P.IN 2amv ptrc iti! •h t^tr% hi lints retd tuea DESIGNED BY U.S 2340 Daniels Sireel, Long Lake. Minnesolo 55356 ™^*?0030 D STEVE LOMBARDOZZI '.V/ 'V- f/Ui PM-K C^jufrikte (Jtefint Coilci B rme ii DATE s/lolSB „„ «, /7025 Ph; 475-1433 sHitf i&r 'KT *■S : '’’v ■>|K. {i54ji,'i 4Hggl^ CERTIFICATE OF SURVEY FOR l-JBERT F. RADUNZ OF LOT 6. COMA LINDA HENNEPIN COUNjTY. MINNESOTA #1584 lake MINNETONKA (NORTH ARM) This survey shows the location of the existing visible "hardcover" in relation to the boundaries of the above described property as based on existing monumentation. This differs from distances shown on the record plat as measured over from the section line, and it maybe necessary to judicially determine the boundaries. ^4-rr-AA.u I hereby certify that this survey was prepared by me or under my ^ ® £iuly registered land sur-eyorunder the laws of the State of Minnesota. COFFIN & GRON8ERG. INC. Marx b. uronberg nn. Lie. . No. 1i!755 LSSi"Lii:i: wsSefsir'””' Date : 7-27-90 Scale: 1"=20’ 0 : Iron marker found Bearings shown are based on an assumed datum. pfr #1584 lake MINNETONKA (NORTH ARM) o.f the existing visible "hardcover" in relation to the boundaries of/the above described property as based on existing monumentation/ This differs from distances shown on the record plat as measured over from the section line, and it maybe necessary to judicially determine the boundaries. I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. COFFIN S GRONBERG, INC. Fark s. Gronberg Mn. Lie. no. T7755 Date ; 7-27-90 Scale: 1"=20' 0 : Iron marker found Bearings shown are based on an assumed datum. Engineers, Land Surveyors, Planners Long Lake, Minnesota ■i >..ff.'; K •/ ttt. $•• 0.n-^ That part of t^t 3 in SaetSon S. Toimehip 117 North. Rang# 23 Uaat of tho 5th Prinotpai Harldlan dascribad aa foLlowa: Baginnln tha North 1/4 Section cornar of aald Saotlon 5; thence South 4.16 chalne (274.56 feat); thencq South 86 1/4 degreae Beat 3 chain thence North 73 degreea Beat 2.75 chaina (181.5 feet); thence North 46 degreea Eaat 2.40 chaina (156.4 feail; the North 3 i/2 degreea Beat 1.90 chaina (125.4 feat) to tha Townahlp line; thence Veat 7.50 chaina (495.00 feet) to the place of beginning, Hennepin County, Hlnneaota. Thia aurvay ahowa the location of an exlettng ahed, driveway, houaa, and propdaad addition in relation to the boundaries of the above daecrlbed property. It doea not purport to ahow any other Inprovenanta or enoroaeh*aanta. I hereby certify that thle purvey waa prepared by na under the lawa of the State of Mlnnaaota. under ny direct aupervialon and that I am a duly Regiater«>d Lam.' Surveyor COyyiN 4 GBONBBra. INC. Long Lake, Nlnneaote liata : 9-27-90 Scale: I ’ »-^6*- (ron Marker Pearlnga ahown ere to an aaauned datum tr \ % Oo • ’ . ' •■.•••••■; C ounty • »•"; 9/' ■ N-;!i’f-;w;. ’..■ . .. - . ‘ ‘ .• • • \Road i-y «;,< i l$‘- • t«r« ra ■■' ■", ■ :\.:^r:7 ff7i-- ^ .-^« »■•.•> y > i- :■___C--------------- *"■■—**• ■\- - - • • ±,a,>■!>,' c. J/- -'i -£'1 -at' 1,. /. ,. ^ 4 ?/'j K’-r-.-t^**^'—*f‘ - >/<:. I . :7,:p- T^. HilillTilf ^ T 0~ -_ v; t: >4 ..>« .-)».U»<«MMM'4iH»>- A. /D 7tT TyzMu^ _______ ________________ IG-^RegNko.uTfc -------® -u .’_f _______1*7.® ® . ___.-GSjOiiJo, _____ V- D«»*U*--vicn.1-.tct R\^«.C.. ~/. A‘*T« Ct*<.T^ Ea«t -KtA»iM«rT»-uj«5T { j ; 1^ CovlcPl6RS l}±l ’TYPl^ft.uSEc I F ! a-o wt»t ■ ^I I I . '----■' 'It ScUTH~SvVaLE. /•. ‘o m \4 “«gl N *Wi**%! 13 Si [H ir /='\ q-<i P*rb-tl«n SlOk '/feiJr 6pea>Tj»«j parfciCur»S ^Uii rt'o.jc S'li- “7 ^ '----Gt REEHHOOSC'BT i' ALBERT J.LAUER, INC. 16700 CHIPPENDALE W. (HWY. 3) ROSEMOUNT. MN 55068 .{612)423-1651 ®S-ci ^.Og tf^-S Ji s "t-s ■IfDuiy ^ , /A«-uk^ C)#o«.s S-oj‘7-4 ‘3--J s*^ '• ' *t SJ i C.W '4- * S-4L?avra O -1 "tf- CC i iMNkT i*« rth H-. tttuMtm, « it»*ri ut »T M •• ••*• m ■»»i««<il«« aa* I Mi • Mf latiilMW »™l»iii^ laiiMM m4« !»•■ at It* IIM at ^ • iSSSSKraa- 30'-o” *t.'PatiT& Pu®tM ~ '/;o iM = !*"«>' *7®^ Slia-rt,l\*V6 Dri«/t Xc-^M'fHRE. ATA,-, M553■■ ■ 4.•»at|iaw*.,^; I I