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HomeMy WebLinkAbout09-11-1989 - Agenda Packet City Council - regular meeting:� 1 �jPUBLIC ATTENDANCE Y 1 CITY OF ORONO ^ Y ` MEETING DATE it bg PLEASE FILL OITT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAM3� (please print) ADDRESS PRESENT FOR (from agenda' ,, 3araAV, A� 3310 �LyS', e R- CA a. ;� �Sa�n Wo' y ` 6 . to-#� 7.0 �tA,� 9. 1. ;;It f1/l 1)Ive Ly L S'S L��,C 2. J 1 Q (11. ?5 ` e Fb* S Ua- 4. 5 7, i 6 . 7. Z-11b as !6k&Mt%&%fb, 8. 9. 0. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 11, 1989, 7-:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda `"'' tg�ps O available in the Public Packet which may be �@�y��� request from the Recorder. ROLL CALL SEP 8 489 1. 7A0 P.M. Sale of Bonds - Resolution Approving SaCP OF ORONO 2. CONSENT AGENDA* APPROVAL OF MINUTES * 3. Regular Meeting of August 28, 1989 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Jeff Johnson 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 resolution copies. 4. #1428 Clifford Otten, Northeast Quadrant Willow & Hwy 12 - PUD - Rezoning Preliminary Subdivision - Vacation - Resolution 5. #1430 Morse Hanes, 4127 Oak Street - Variance - Resolution 6. #1432 Julia Whitney, 4470 Forest Lake Landing - Variance - Resolution 7. #1437 John Iastrom, 2580 Fox Street - Variance - Resolution 8. #1439 Lawrence Langhans, 1366 Rest Point Road - Conditional Use Permit/Variance 9. #1442 Landschute Group Inc., 3300 Bayside/375 Leaf Street - Preliminary Subdivision - Resolution 10. #1443 John Skoglund, 1840 F'ox Street - Variance - Resolution 11. #1448 Kevin Fawkinson, 1125 Willow Drive North - Preliminary Subdivision - Resolution * 12. #1429 Ralph Burgess, 2610 West Lafayette Road - Denial Resolution ENGINEERS REPORT * 13. Request for Payment # 2 - Lift Station 10/43 * 14. Award of Bids - Well/Highway 12 * 15. Request for Payment #1 - 1989 Seal Coating MATOR/COUNCIL REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 11, 1989, 7:00 P.M. CITY ADMINISTRATOR'S REPORT 16. 1990 Cable TV Budget - Resolution 17. Liquor Ordinance - Proposed Amendment 18. Council/Planning Commission Meeting - Facilities September 1,4, 1999 19. 1990 Bu gct'Date 20. Navarre Redevelopment Date * 21. Compensation Adjustment - Lyle Oman * 22. Progress Report - Recycling 1st Half 1989 * 2U, �l Cl�e+� . Up Date * 24: fninistreicr's Information Highway 12/Willow Drive Highway 12 Feasibility United Way Assessing Service Status Golf Course Operation (Letters/Receipts) Summary of Receipts/Disbursements - July Electronic Funds Goal Setting Status CITY ATTORNEY'S REPORT LICENSES (25*) BILLS (26*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 09/ - Council/PC Mtg-Fazilities 09/T8- - County Road 116 Public Hearing 10/ - Budget Meeting 10/U-9 - Public Hearing - Budget 10/13 - Centennial Ball - Lafayette Club 10/14 - Centennial Program at the Orono High School 10/15 - Family Picnic at Bederwood Park TO: FROM: DATE: Mavnr and City Council Mark E. Bernhardson, September 8, 1989 96oi.2 . COUNCIL MEETING SEP 81989 City Administrato t CITY OF CROW SUBJECT: Sale of Bonds $2.3 million - Water and Sewer Revenue Bonds, Series 1989 Attachment: A. Bond Prospectus B. Proposed Resolution ISSUE - Determination as to whether the Council wants to award the sale of bids based on the bids received. INTRODUCTION - At the Council's August 11, 1989 meeting they authorized the sale of bonds in an amount of $2.3 million as set forth in the memo for the August 28, 1989 meeting. DISCUSSION - The actual bids will be received by neon on Monday, September 11, 1989 and the bid amounts will be tabulated by Elhers and Associates. The tabulation will be presented at 7:00 p.m. for consideration of the award of bids. We have been notified by the bond rating firm of Moody's Investor Service that our rating for this bona issue has been 'ncreased from Aa to Aal. The Cities of Edina, St. Louis Park and Fridley, and the Edina School District are the only other government units in the state to have this rating, and in fact, only the City of Minneapolis, Ramsey and Hennepin Counties, Rochester and Rochester School District have the rating of Aaa, which is the next and highest rating possible. ALTERNATIVES 1. Award of bid. 2. Table. 3. Take no action. RECOMMENDAT'ON - It is recommended upon receiving the bids that if the rates and amounts are appropriate that the sale be awarded to the bidder giving the City the best price. PROPOSED MOTION - Moved by _, seconded by _, that the Council award the bid in the amount of $ to for the issuance of $2.3 million in bonds. Ayes _, Nays _ cc: Thomas Kuehn, Finance Director Carolyn Drude, Ehlers Associates Inc. Ehlers and AsS+ocigq ft LEADERS IN PUBLIC FINANCE TELES:flPY t ,_VF.It LET TJ1 Please deliver the °ollowing page(s) to: Name: Tom Kuehn: Finance Directat From: Diana Lockard: Ehlers & associates Total number of pages 18 including this savor letter. Date: September 8, 1989 Phone: (612) 339-8291 and ask for: _ Diann Lockard We are transmitting from a Cannon FAX-14-20. Our telecopy number is: (612) 339-0864. 0117F OFFICES IN MIUNLAPCLIs AND WAURlS11A 2950 Nnrwmt Center • 90 Suulh Seventh Street • Minneapolis. MN 55402 41M - 612.339.8291 • FAX 612.3sy-0854 f Extract of Minutes of Meeting of the City Council of the City of Orono, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Orono, Minnesota, was duly held at the City Nall in Orono, Minnesota, on Monday, the lath day of September, 1989 at 7:00 o'clock P.M. The following members were present: and the following were absent: * r * t x * * * f The Mayor announced that the meeting was convened for the purpose of considering bids for the purchase of $2,300,000 General Obligation Water and Sewer Revenue Bonds, Series 1989, as advertised for sale. The City Clerk presented affidavits snowing publication of the notice of sale in the official newspaper and in The Northwestern Financial Review, which affid.-.wits were N._amined and fount] satisfactory and ordered placed on file. The City Clerk then presented the sealed biK!s received prior to 11:00 o'clock A.M. and opened by the rinance Director pursuant to the notice of sate for the General. Obligation Water and Sewer Revenue Bonds, Series 1989. e were examined and found to be as follows: Ra ne of Bidder Interest Rates Purchase c, a Member introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1989, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY AND PROVIDING FUNDS FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: SECTION _1. AUT1i0$IZATIQN 1,01. The City Council is authorized by Section 444.075 and Chapter 475, Minnesota Statutes, to issue its General Obligation Water and Sewer Revenue Bonds, Series 1989 (the "Bonds"), in order to provide funds for improvements to the Water and Sewer System of the City (the "Water and Sewer System"), and it is necessary and expedient to issue the Bonds for such purpose. 1.,02. The Bonds are issued for the purposes of a water and sewer system and are not subject to any provisions of law prescribing requiring an election or referendum therefor under Section 444.075, Minnesota Statutes. 2.01. 1. The bid of ___ to purchase the $2,300,000 General Obligation Water and Sewer Revenue Bonds, Series 1989 of the City is hereby found and determined to be the best bid received pursuant to advertised notice of sale and shall be and is hereby accepted, said bid being to purchase t�,& Bonds bearing interest as follows according to year cf maturity: Yg-4r Interest Rate 1993 1994 1995 % 1996 % 1997 % 1998 % 1999 % 2000 % 2001 % 2002 % at a ;)rice of $ plus accrued interest. 2 The good faith check of the successful bidder shall be applied as provided in the Official Notice of Bond Sale pending delivery of and payment for the Bonds. 2.02. The Bonds shall be in the aggregate principal amount, of $2,300,000, shall be dated September 16, 1989, shall be issued in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount of Bonds maturing in any year, shall be numbered from R-1 upwards in order of issuance or such other order as the Bond Registrar shall determine and shall bear interest at the rates set forth above, payable August 1, 1990 and semiannually thereafter on August 1 and February 1 of each year, and shall mature serially on February 1 in the years and amounts as follows: YAAX Amount Yelu Amount 1993 $175,000 1998 $225,000 1994 $175,000 1999 $250,000 1995 $200,000 2000 $275,C00 1996 $206,000 2001 $275,000 1997 $225,000 2002 $300,000 All Bonds maturing on or after rebruary 1, 1997 are subject to redemption in whole or in part at the option of the City in inverse order of maturity and by lot within a maturity on February 1, 1996 and any interest payment date thereafter at par and accrued interest. in the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. 2_,_0.3. The Bonds shall be payable as to principal upon presentation at the main office of - in as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designdte upon 60 days mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books. The City shall deposit immediately available funds with the Bond Registrar .sufficient for the payment of principal and interest when, dud. The reasonable charges of said bank for its -3- services as Bond Registrar shall be paid by the City Clerk as an expense of the improvements. 2.04. The Bonds shall be ir, s.bstantially the following form, with the necessary variations as to number, interest rate and denomination, the blanks therein to be properly filled in, to -wit: -4- No. R— (Form of Bond) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONC GENERAL OBLIGATION WATER AND SEWER REVENUE BOND, SERIES 1989 Interest Rate _ Maturity Q&jft_S2E Original Issue QUIP September 16, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Orono in the :'hate of Minnesota, for value received, hereby certifies that it is indebted and hereby promises to pay to the registered owner specified above or registered assigns, the principal sum specified above, on the maturity date specified above, upon the presentation and surrender hereof, and to rav to the ro;fistered owner hereof interest on such principal sum at the interest rats specified above from Sep',-imber 16, 1989, of the most recent interest payment date to which interest ha: been paid or duly provided for as speciffiee, below, on Februar, 1 and August 1 of each year, commencing August 1, 1990, until said principal sum is paid. principal and the redemption price is payable in lawful money of the United States of. America at the office of _ in Minneapolis, Minnesota as Registrar and Paying Agent, o: at the offices of scch successor agents as the City may designate upon 60 66ys' noti7e to the registered owners at their registered addresses, interest shall be paid on each February 1 and Aug+ist 1 interest ;payment date by check c c draft mailed to the pe,.son in whose namt, this Bond is registered at the close of business on the 15th day of the month next preceding eacK interest payment date (whether or not a ousiness day) at the registered owner's sddress set forth on the registration books maintained by the Bond Registrar. Any such interest not punc':ually paid or provided for will cease to be payable to the person in whose name this Bond is req;--tered on such regular record do*eG and such defaulted interest may be paid to the person in wl-use name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. ADDITIONAL PROVISIONS OF THIS BOND ARE SE7 FORTH ON THE REVERSE SIDE HEREOF WHICH ARE INCORPORATED HEREIN AS IF SET FORTH HERE. All Bonds maturing on or after February 1, 1997 are sub;ect to redemption and prior payment in whole or in part at the option of the City, in inverse order of maturity and by lot within a maturity, on February 1, 1996 and any interest payment date thereafter at par and accrued interest. Thirty days' prior notice will be given by mail to the registered owner hereof and published notice of redemption will be given in the manner provided by Minnesota Statutes, Chapter 475. This Bond is one of a series of Bonds in the aggregate principal amount of Two Million Three Hundred Thousand Dollars ($2,300,000), all of like date and tenor oxcept for number, maturity, interest rate, redemption privilege and denomination and is issued pursuart to and in full conformity with the Constitution and Laws of the State of Minnesota, including Section 444.075 and Chapter 475, Minnesota Statutes, for the purpose of providing funds for ;.;►e costs of constructing improvements to the Water and Sewer System of the City (the "Water and Sewer System"), as set forth and described in the resolution of the City Council relating to the issuance of the Bonds of this series adopted September 11, 1989 (the "Bond Resolution"). The principal of and interest on the Bonds of this series, are payable primarily from and are secured by a lien on and pledge of the net revenues of the Water and Sewer System, but the full faith and credit of the City is hereby pledged to toe prompt payment of the principal of and interest on the Bonds, and the City Council is obligated to levy ad valorem taxes on all taxable property in the City, if necessary for such purpose, without limitation as to rate or amount. Reference is hereby made to Section 444.075, Minnesota Statutes, and Chapter 475, Minnesota Statutes, and to the Bond Resolution for a description of the covenants of the City as to the application of the proceeds of the Bonds of this series and the moneys pledged to the payment of the Bonds and interest thereon. This Rond is transferable, as provided in the Bond Resolution, only upon books of the City kept at the offices of the Bond Registrar by the r(±uistered owner hereof in person or by his duly authorized attorney, upon surrender of this Bond for transfer at the office of the Frond Registrar, duly endorsed by, or accompanied by a written instrument- cf transfer in form satisfactory to the Bond Registrar duly executed by, the registered owner hereof or his duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more -6- fully registered Bonds of the series of the same maturity, principal amount and interest rate will be issued to the designated transferee or transferees. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $,5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the bond Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount, maturity and interest rate of Bonds of this Series of a different authorized denomination, as requested by the registered owner or his duly authorized attorney, upon surrender thereof to the Bond Registrar. It is Hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in regular and due time, fo-m and manner as required by law; and that this Bond, and the Leries of which it is a part, is within, every debt and other limit prescribed by the Constitution and laws of the State of Minnesota. This Bond shall not be val'd or become obligatory for any purpose until the Authenticatior Certificate hereon shall have been signed by the Bond Registrar. In witness whereof, the City of Orono, Minnesota acting by and through its City Council, has caused this Bond to be executed with the facsimile signature of its Mayor and attestad with the facsimile signature of the City Clerk and a facsimile cf the corporate seal of the City to be imprinted hereon, all as of the r)at� of Original issue specified above. Dated: _i_rac,a1mi I e ) City Clark -7- CITY OF ORONO By ( Facsimile ) Mayor Bond Registrar's Authentication Certificate This is one of the Bonds described in the within mentioned Bond Resolution. Bond Registrar By Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typet-rite Name and Address of assignee) the within Dond and all rights thereunder, and hereby irravccably constitutes and appoints __ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution it the premises. Dated: Please Insert Social Not4ce: The signature to this Security Number or Other assignment mu:._ correspond with the Identifying Number of name as it appears on the face of Assignee this Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatuves mus he guarantees: by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. sto 1 CERTIFICATF. AS TO LEGAL OPINION I, Dorothy Hallin, City Clerk of the City of Orono, Minnesota, hereby certify that except for the date line, the above is a full, true and compared copy of the legal opinion of Faegre & Benson, of Minneapolis, Minnc3^t:., which was delivered to me upon delivery of the bonds and is now on file in my office. (Facsimile) City Clerk 2,06. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registratior and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. The Bond Registrar shall be a bank or triiat company which is subject to or who agrees to comply with the United States Securities Exchange Commission's transfer turnaround rules, which in general presently require an agent to complete normal transfers in 72 hours. Upon surrender for transfer of any Bond at the office of Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrat, duly executed by the registered owner or the owner's duly authorized attorney; and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest raise and maturity. Any Bonds, upon surrender thereof at the office of a Registrar may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of P.:nds of the same maturity and interest rate of any authorized denominations. In all cases in %'iich the privileqe of exchanging Bonds or transferring Bonds is exercised, the City shall execute anC the Boi,d Registrar shall deliver Bonds in accordance with the provisions of this Resolution. All Bonds originally issued hereunder or issued pursuant to a transfer or exchange prior to the first interest 4,ayment: date shall be registered as of and bear interest from September. 16, 1989 and all Bonds subsequently issued shall be registered as of and bear interest from the last interest payment date to which interest was oaid -9- tld�iw'%�•�_... ... • ...•w J•s',•^.L14w.Mt.1�4�..�.�+�_�`+�:�ia'1!��iq.1���+�, !}s�...G .�.��"*i:♦ •a��'' �� �'"�"w�'"�`��""'�� or duly provided for. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respeu4 to such exchange or 'transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of the first publication or the mailing (if there is no publication) of notice of redemption of Bonds. The City and the Bond Registrar shall not be required to make any transfer or.exchange or any Bonds called for redemption for which notice was published or mailed. 2q7_. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder have been such holder; and such defaulted interest may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Pond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. _2_._08. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat t•he person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrat nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the -10- registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 3.01. The Bonds shall be preparnA under the direction of. the City Clerk and when► so prepared shell be executed by the respective facsimile signatures of the Mayor and City Clerk and facsimile of the corporate seal of the City as set forth in the form of Bond. The text of the approving legal opinion of Faegre & Benson, of Minneapolis, Minnesota, as bond counsel, shall be printed on the reverse side of each Bond and shall be certified by the facsimile signature of the City Clerk. When said Bonds shall have been duly executed and authenticated by the Bond Registrar in accordance with this Resolution, the same shall be delivered to the purchaser upon payment of the purchase price, and the receipt of the Finance Director to the purchaser shall be a full acquittance; and the purchaser shall not be bound to see to the application of the purchase money. The Bonds shall not be valid for any purpose until authenticated by the Registrar. Bonds initially issued hereunder shall le issued in such authorized denominations and registered in such nbmes as shall be designated by the Purchaser to the Pond Registrar, 3,.02. The official Statemer sting to the Bonds, on file with the City Clerk and press :o this meeting, is hereby approved, and the furnishing ` :.,f to prospective purchasers of the Bonds is hereby ratiLLed and confirmed, insofar as the same relates to the Bcrnda and the sale thereof. 3,03. Tf such officer finis the same to be accurate, the Mayor or the Cify Clerk is authorized and directed to furn'sn to the purchaser at the closing a certificate that, to the best of the knowledge of such officer, the Official Statement does not, at the date of closing, and did not, at the time of sale of the Bonds, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Unless litigation shall t►a�•e been commenced and be pending questioning the Bonds, proceedings for the improvements to be financed with the proceeds of the Bonds, or the organization of the City or incumbency of its officers, at the closing, the Mayor and City Clerk shall also execute and deliver to the successful bidder a suitable certificate as to absence of material litigation, and the City Clerk shall also execute and deliver his certificate as to payment for and delivery of the Bonds, together with the arbitrage certificate referred to -11- below and the signed approving legal opinion of Faegre & Benson. 3.04. The City Clerk is authorized and directed to prepare and furnish to the purchaser and bond counsel approving the issue certified copies of this Resolution and all ordinances, resolutions and proceedings relating to the Water and Sewer System and the Bonds and such other proceedings or records as may be required to show the right, power and authority of the City to issue the Bonds and to impose charges and provide covenants for its payment and security, and such certified copies and certificates shall be deemed representations of the City as to all facts stated therein. 4.01. The proceeds of the Bonds after payment of issuance costs of the Bonds shall be used for improvements to the Water and Sewer system and any remaining moneys and funds shall be deposited in and credited to the Water and Sewer Bond Account of the Water and Sewer Fund. uCTION_5_. WATER FUND. 'there is hereby established a water and Sewer Fund (herein the "Water and Sewer Fund"), within which fund the following accounts: A. Operation and Maintenance Account, to which has been and shall be credited the gross revenues of the Water and Sewer System; and b. Water and Sewer Bond Account (the "Water and Sewer Bond Account"), to which shall be credited the net revenues of the Water and Sewer System after payment of operation and maintenance expenses. 5.02. All revenues of the Water and Sewer System shall be promptly deposited when received and credited to the Operation and Maintenance Account, and the operation and maintenance expenses shall be payable as a first charge from such revenues of the Water and Sewer System and be payable from the Operation and Maintenance Account of the Water and Sewer Fund. The City may retain from the net revenues of the Water and Sewer System a reasonable amount as a maintenance and operation reserve for the purpose of paying anticipated maintenance and operation expenses. 5_,0a. From the net revenues of the water and Sewer System, there shall be credited !:o the Water and Sewer Bond Account on the first day of each month an amount not less than one -twelfth of the total amount of principal of and interest on the Bonds due and payable during the following year.-,ounts credited and to be credited to the Water and Sewer Re,, Bond Account shall be used only for payment of principal of interest on the Bonds. 5.04. After making the required payments into the Water and Sewer Bond Account, all remaining net revenues in the Water and Sewer Fund shall be used for improvements, extensions, reconstruction or additions to the Water and Sewer System, and to redeem outstanding ub'A gations payable from .he net revenues of the Water and Sewer System, or to the extent authorized by the City Council for any other lawful purpose; provided that the City Council shall first determine that the moneys and investments remaining in said fund and net revenues from collections of such charges in succeeding years will be in amounts and available at times sufficient to provide for all remaining installments of principal and interest on the Bonds and any additional obligations payable therefrom and a sum at least 5% in excess thereof. if the moneys and investments credited to the Water and Sewer Bond Account shall be or become insufficient to pay principal and interest on the Bonds (and any additional obligations authorized hereby), any moneys in the General Fund of the City shall be credited to the Water and Sewer Bond Account to the extent of such deficiency and the amount so credited shall thereafter be reimbursed from the net revenues of the Water and Sewer System. It is hereby estimated, found and determined that the said collections of net revenues derived from the Water and Sewer System will be sufficient to pay when due principal of and interest on the Bonds and a sum at least 5% in excess thereof, and no tax levy will be required for such payment; but the said Bonds shall be the general obligation of the City, and the City will levy a general ad valorern tax for the payment of the principal thereof and interest thereon whenever it may appFsr necessary in order to provide for the full and timely payment thereof. 5.05. Moneys on deposit to the credit of the operation and Maintenanc.c: Account and the Water and Sewer Bond Account may be invested in any obligations eligible for the investment of mun,.c;ipal debt service funds. Obligations so purchased shall be deemed at all times to be part of said Accounts and any interest accruing thereon and profit realized from such investments shall �je credited to such Accounts. The City shall sell, at the best- price obtainable, any obligations so purchased whenever it shill be necessary to do so in order to provide moneys to meet any payment of principal or interest on the Bonds or other obligations payable from the revenues of the Water and Sewer System and authorized hereby. Amounts on deposit in the Operation and Maintenance Account and the Water and Sewer Bond Account shall be limited as to amount and yield of investment to the extenL necessary to prevent the Bonds trom -13- becoming arbitrage bonds under Section 148 of the Internal Revenue Code of 1986 and regulations thereunder. SECTIQN 6.. PRIOR AND PARITY LIIN. 6,01. The Bonds and any additional obligations, to the extent authorized by this Section 6, shall be equally and ratably secured by a first lien on and pledge of the net revenues of the Water and Sewer System, without regard to Bond series, serial numbers, order of execution or otherwise. 61_Q2.. The City shall have the right to issue additional obligations to be secured by a parity lien on and ratably payable from the net revenues of the Water and Sewer System for the purpose of providing money for improvements or extensions to the Water and Sewer System of the City. 6.Q3. Without regard !_o the limitations provided by paragraph 6.02 the City may issue bonds payable from the net revenues of the Water and Sewer System: (a) for the purpose of refunding the principal of all Bonds nutstandinq: or (b) for the purpose of refunding the principal of and interest on outstanding Bonds not paid when due for lack of available net revenues. SEC,J-QN 7. P-C1RTHER COVENANTS. So long as any of the Bonds are outstanding, the Ci.t•y covenants with and `or the benefit of each Bond holder that: 7.01. The City will establish, maintain and collect such charges of the nature authorized by Section 444.075, Minnesota Statutes, at the times and in the amounts necessary so that the net revenues of the Water and Sewer System will be sufficient to make the required payments into the Water and Sewer Bond. Account. 7,_Q_Z. The City will continue to own, operate and maintain the Water and Sewer System of the City as a revenue -producing utility free from all liens on the property thereof and income therefrom other than the liens herein described or provided. 7,03. The City will use its best efforts to comply with all applicable laws and regulations of the United States of America and the State of Minnesota and each department and agency thereof, including laws and regulations relating to public health and water and sewer quality. The City will continue to use and operate the System to the extent such use and operation is not prohibited by court order or regulation, -14- but the City may contest the validity or applicability of any law or regulation so long as the System is not thereby subject to unreasonable penalties or risk of damage or forfeiture. The City shall construct the improvements or extensions ultimately determined to be necessary to comply with applicable laws or regulations so that the System may be used and operated as a revenue -producing utility, and the City may issue additional obligations secured by a parity lien on and ratably payable from the net revenues of the System, as provided in Section 6 hereof, for the purpose of providing money for said necessary improvements or extensions. @.,Oi. The City covenants and agrees with the owners of the Bonds that the investments of proceeds of the Bonds, including the investment of any revenues pledged pursuant to Section 6 hereof, any grant proceeds or any other revenues pledged to the Bonds which are considered proceeds under the applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the Bonds shall not be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986 (the "Code"), and regulations thereunder., On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City Council hereby certifies that it is not expected that the proceeds of the Bonds will be used in suet: manner as to cause the Bonds to be arbitrage bonds under Section 148 of the Code and regulations thereunder. The City Council also finds that the exception for small governmental units available under Section 148(f)(4)(C) is applicable to the Bonds because (i) the City has general taxing powers, (ii) the Bonds are not private activity bonds under Section 141(a) of the Code, (iii) ninety-five percent of more of the net proceeds of the Bonds are to be used for local governmental activities of the City and (iv) the aggregate face amount of all tax-exempt bonds (other than Private activity bonds) during the current calendar year is not reasonably expected to exceed $5,000,000. The City Clerk shall furnish an arbitrage certificate to the Purchaser embracing or based on the foregoing certification at the time of delivery of the Bonds to the Purchaser. Q.02. The City Council hereby designates the Bonds to be "qualified tax-exempt obligations" for the purposes of Section 265 of the Code and finds that the reasonably anticipated amount of qualified tax-exempt obligations (other than private activity bonds) which will be issued by the City during the current calendar year does riot exceed $10,000,000. The City Clerk is hereby authorized and directed to certify a copy of this Resolution a,d to cause the -15- same to be filed in the office of the County Auditor under Section 475.63, Minnesota St•alutes, and to obtain a certificate as to registration of the Bonds. 8.04. The City Clerk and other officers and employees of the City are hereby authorized and directed to furnish to the attorneys approving the Bonds, on behalf of the Purchaser of the Bonds, certified copies of all proceedings and certificates as to facts as shown by the books and records of the City, to show the proceedings taken in connection with the improvements to lie financed and the Bonds, and the right and authority of the City to issue the Bond.;, and all such certified copies and certifications shall be deemed representations of fact on the part of the City. The motion for the adoption of the foregoing resolution was duly seconded by Member and upoii vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -16- STATE OF MIN"7ESOTA ) SS. COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held September 11, 1989 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $ 2,300,000 General Obligation Water and Sewer Revenue Bonds, Series 1989, of said City. WITNESS My haiid officially and the seal of the City this day of September, 1989. (Seal) 2758e City Clerk City of Orono, Minnesota -17- NOTICE OF BOND SALE 2.300.000 U?iER*AL OBLIGATION WATER AND SEWER REVENUE BONDS SERIES 1989 G'1TV OF 0g0t4O HENN£PIN COUNTY. MINNESOTA These bonds will be offered Monday. September 11. 1M9 Sealed bids will be received until 11:00 o'clock a m , Central Time, at the offkm of Eh- lers and f4socaltes. Inc.. 2950 Norwest Center 90 South Seventh street, Mirmapo• lis . Minnesota The bids will then be opened and tabulated for presentation to and award of sale by the City Council at 7 00 o'clock p m on the same day at the City Hall In Orono, Min- nesota The Bonds will be doted September 18, 1989 and will matufe on February 1 in the f oNowing years and amounts. 3175.000 in I M to 1994, 5200,000 in 1995 to 1996. $225,000 in 1997 to 1998 _ $250.000 in 1999. S275,000 0 2000 to 2001. and $300.000 in 2002 ri Bond maturing on or after February 1. 1997 being subject to redemption at the option of the city on February 1, 1 M and any Mrtreat payment date thereafter at per and oocrued in- terest. No rate of Interest nor ft effective average rate of the issue may exceed ft max- lum rate pefmitted by law An unqualif led legal opinion will be lumished by Faegre a Benson. of Minneapolis, Minnesota Dated. August 14. 1989 BY ORDER O'' THE CfTY COUNCIL Dorothy HaWn City Clerk City of Orono. Minnesota Further information may be obtained from the financial consultan t Ehlers and Associates Inc 2950 Norwest Center 90 South Seventh Street Minneapolis. Mn 55402 (d 12) 339.8291 (Published in The Laker end Pioneer Aug 28. ��9t Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound, Min- nesuta, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended B.) The printed! C4 SC' which is attached was cut from the columns of said newspaper, and was printed and published once each week for successive weeks: It was first published Mon ay, the 2F4 aay of ,S 19n and was thereafter printed and published every Monday, to and Including Monday, the day of 19_; •�.r..w. =�•� ^ - IOV Authorized Agent MO.R:ETTA A. ST'AU3 i Ci:RVZ3 C=- T y 1 Olt/ My Comm.;ziun Er iras Jon. 27.19"0 f Subscribed and sworn to me on this day of_ 19. By:��tL �1�Ltt-cam Notary Public Rate Information (1) low --st ciassdied rate paid by commercial users for compara- ble space 89 80 per inch (2) Maximum rate allowed by law for above matter. $9.80 per inch (3) Rate actually charged for above matter: $4.86 per In. h. Each additional successive week: S3 24 per Inch $2,300,t-,W G.O. Water and Sewer Revenue Bonds, Series 1989 City of Orono, Minnesota Sal : Monday, September 11, 1989 AWARD: DEAN WITTER REYNOLDS, INC. NAME OF BIDDER DEAN WITTER REYNOLDS. INC. Chicago, lllinois PRUDENTIAL-BACHE CAPITAL FUNDING Chicago, lllinois SHEARSON LEHMAN HUTTON, INC. Chicago, Illinois SMITH BARNEY, HARRIS UPHAM & COMPANY, INC. Minneapolis, Minnesota PaineWebber, Inc. Tucker Anthony & R.L. Day, Inc. THE NORTHERN TRUST COMPANY Chicago, Illinois Hutchinson, Shockey, Erley & Company 1URAN & MOODY, INC. Minneapolis, Minnesota AMERICAN NATIONAL BANK & TRUST COMPANY OF ST. PAUL St. Paul, Minnesota MILLER & SCHROEDER FINANCIAL, INC Minneapolis, Minnesota Dougherty, Dawkins, Strand & "ost, Inc. Park Investment Corporation Peterson Financial Corporation and A�,inc. 101F AOERS IN PUSLIC FINANCE COUPON RATE 6.10% 6.20% 6.25% 6.35% 6.45% 6.50% 6.60% 6.00% 6.10% 6.15% 6.20% 6.25% 6.35% 6.40% 6.50% 6.55% 6.60% 6.00% 6.10% 6.15% 6.20% 6.25% 6.30% 6.40% 6.50% 6.55% 6.60% VA �\B 1993 1994 1995-1997 1998 1999 2000-2001 2002 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 BBI: 7,15% NET INTEREST COST & RATE PRICE $1 "c5,648.75 $2,283,070.00 6.5101% $1,256,5' 2.19 6.5146% $1,2506,720.00 6.5157% $2,279,530.00 $2,278,380.00 2W Norwest Center 9U South Seventh Street Minneapolis. MN 55102 4100 ,6121 339.8291 FAX 16121339 0854 $2,300,000 G.O. Water and Sewer Revenue Bonds, Series 1989 City of Orono, Minnesota Monday, September 11, 1989 Page 2 NAME OF BIDDER ALLISON-WILLIAMS COMPANY Minneapolis, Minnesota Norwest Investment Services, Inc. Piper, Jaffray & Hopwood Inc. Cronin & Company, Inc. Dain Bosworth, Inc. FBS CAPITAL MARKETS GROUP Minneapolis, Minnesota MERRILL LYNCH CAPITAL MARKETS Chicago, Illinois Miller, .lohnson & Kuehn, Inc. Robert W. Baird & Company, Inf- BLUNT, ELI IS & LOEWI, INC. Chicago, Illinois CLAYTON BROWN & ASSOCIATES, INC Chicago, Illinois GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. Chicago, Illinois COUPON NET INTEREST COST RATE YEAR & RATE PRICE 6.05% 1993 $1,257,698.75 $2,272,420.00 6.10% 1994 6.15% 1995 6.5207% 6.20% 1996 6.25% 1997 6.30% 1998 6.40%n 1999 6.50% 2000 -2002 6.10% 6.15% 6.20% 6.25% 6.30% 6.35% 6.40% 6.50% 6.10% 6.20% 6.25'9c 6.?0% 6.40`7c 6.50% 1993 1994 1995 1996 1997 1998 1999 2000 -2002 1993 1994 1995 1996 1997-1998 1999-2002 $1,258,123.75 6.5230% $1,272,694.13 6.598_5% $2,275,620.00 $2,267,552.7.5 WEEKLY MARKET RATES - AS OF CLOSE: FRIDAY, SEPTEMBER 8, 1989 REPRESENTATIVE YIELDS U.S. TREASURIES MAT WKLY CHG 3 MO 8.01 -.12 6 MO 8.19 +.03 1 YR 8.17 -.05 2 YR 8.25 -.06 5 YR 8.13 -.03 7 YR 8.17 -.03 10 YR 8.13 -.04 30 YR 8.07 -.06 ECONOMIC DATA: MI -2.4 BLN AUTO SALES (AUC INITIAL JOBLiSS CLAIMS �-2K TAX-FREE MUNICIPALS MAT AAA AA A BAA 1990 5.70 5.90 6.10 6.30 1994 6.10 6.30 6.50 6.70 1999 6.45 6.60 6.85 7.15 2004 6.70 6.90 7.15 7.45 2009 6.80 7.00 7.25 7.55 CORPORATES MAT AA A 3 YEAR 8 1/4 8 3/8 5 YEAR 8 3/8 8 1/2 7 YEAR 8 1/2 8 5%8 10 YEAR 8 5/8 8 3/4 30 YEAR 9 1/4 9 3/8 SELECTED INTEREST RATES THIS WEEK LAST WEEK 89 HIGH 89 LOW YEAR AGO PRIME RATE 10.50 10.50 11.50 10.50 FED FUNDS 8 15/16 9.00 10 1/16 8 7/8 DISCOUNT RATE 7.00 7.00 7.00 6.50 DBI 20 BOI'D/10 YRS 6.66 6.69 7.0s 6.55 BBI 20 BO'D/20 YRS 7.15 7.16 7.72 6.8b RBI 25 BOAD/30 YRS 7.43 7.46 7.95 7.19 BLUE LIST/MILL$ 1409.5 1530.7 1655.2 869.4 30 DAY VISIBLE SUPPLY/MILL$ 2972.2 2278.` 4319.8 822.6 ---------------•------------------------------------------------- 90 DAY COMMERCIAL PAPER 8.75 1 YR CD 8.60 3 YR CD 8.40 5 YR CD 8.50 15 YR GNMA 9.00% ******* 9.00 MY 9.16 BEY 30 YR GNMA 9.00% COUPONS 9.35 MY 9.55 BEY 30 YR GNMA 9.50% CHANGED TO 9.40 MY 9.60 BEY 30 YR GNMA 10.00% CURRENT** 9.45 MY 9.65 BEY 10.00 8 1/16 6.50 6.88 7.67 7.98 1029.6 1668.0 Extract of Minutes of Meeting of the City Council of the City of Orono, Hennepin County, Minnesota Pursuant to due call and notice th--�reof, a regular meeting of the City Council of the City of Orono, Minnesota, was duly held at the City Hall in Orono, Minnesota, on Monday, the llth day of September, 1989 at 7:00 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of considering bids for the purchase of $2,300,000 General Obligation Water and Sewer Revenue bonds, Series 1989, as advertised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the official newspaper and in The Northwestern Financial Review, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk then presented the sealed bids received prior to 11:00 o'clock A.M. and opened by the Finance Director pursuant to the notice of sale for the General Obligation Water and Sewer Revenue Bonds, Series 1989. These were examined and found to be as fellows: Name of Biddek L__nt-je r est_ Purchase Prig See attached bid tabulation 1.314wi'Vili• $2,300,000 G.Q. Water and Sewer Revenue Bonds, Series 1989 City of Orono, Minnesota SALE: Monday, September 11, 1989 AWARD: DEAN WITTER REYNOLDS, INC. NAME OF BIDDER DEAN WITTER REYNOLDS, INC. Chicago, Illinois PRUDENTIAL-BACHE CAPITAL FUNDING Chicago, Illinois SHEARSON LEHMAN HUTTON, INC. Chicago, Illinois SMITH BARNEY, HARRIS UPHAM & COMPANY, INC. Minneapolis, Minnesota PaineWebber, Inc. Tucker Anthony & R.L. Day, Inc. THE NORTHERN TRUST COMPANY Chicago, Illinois Hutchinson, Shockey, Erley & Company IURAN & MOODY, INC. Minneapolis, Minnesota AMERICAN NATIONAL R ^& TRUST COMPANY OF ST. PAUt St. Paul, Minnesota MILLER & SCHROEDER :Al., INC Minneapolis, Minnesota Dougherty, Dawkins, Strand & Yost, Inc. Park Investment Corporation Peterson Financial Corporation s *EMm wN �ML 11 A D E FIS IN Y U B► I C FINANCE COUPON NET INTEREST COST RATE YEAR & RATE PRICE 6.10% 1993 $1,255,648.75 $2,283,070.00 6.20% 1994 6.25% 1995-1997 6.5101 % 6.35% 1998 6.45% 1999 6.50% 2000-2001 6.60% 2002 6.00% 1993 $1,256,512.19 $2,279,530.00 6.10% 1994 6.15% 1995 6.5146% 6.20% 1996 6.25% 1997 6.35% 1998 6.40% 1999 6.50% 2000 6.55% 2001 6.60% 2002 6.00% 1993 $1,256,720.00 $2,278,380.00 6.10% 1994 6.15% 1995 6.5157% 6.20% 1996 6.25%r 1997 6.30% 1998 6.40% 1999 6.50% 2000 6.55% 2001 6.60% 2002 E, 29b0 Nor west Center 90 South Seventh Street Minneapolis MN Sb402-4100 6121339-8291 FAX 1612r 339-0854 $2,300.000 G.O. Water and Sewer Revenue Bonds, Series 1989 City of Orono, Minnesota Monday, September 11, 1989 Page 2 NAME OF BIDDER ALLISON-WILLIAMS COMPANY Minneapolis, Minnesota Norwest Investment Services, Inc. Piper, )affray & Hopwood Inc. Cronin & Company, Inc. Dain Bosworth, Inc. FBS CAPITAL MARKETS GROUP Minneapolis, Minnesota MERRILL LYNCH CAPITAL MARKETS Chicago, Illinois Miller, Johnson & Kuehn, Inc. Robert W. Baird & Company, Inc. BLUNT, ELLIS & LOEWI, INC. Chicago, Illinois CLAYTON BROWN & ASSOCIATES, INC Chicago, lllinois GRIFFIN, KUBIK. STEPHENS & THOMPSON, INC. Chicago, Illinois COUPON NET INTEREST COST RATE YEAR & RATE PRICE 6.05% 1993 $1.257,698.75 $2,272,420.00 6.10% 1994 6.15% 1995 6.5207% 6.20% 1996 6.25% 1997 6.30% 1998 6.40% 1999 6.50% 2000 -2002 6.10% 6.15% 6.20% 6.25% 6.30% 6.35% 6 40%r 6.50% 10`ia 6.20% 6.25% 6.30% 6.40% 6.50% 1993 1994 1995 1996 1997 1998 1999 2000 -2002 1993 1994 1995 1996 1997-1998 1999 -2002 $1,258,123.75 6.5230% $1, 272,694.13 6.5985% $2,275,620.00 $2,267,552.75 Member _ introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1989, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY AND PROVIDING FUNDS FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1.01. The City Council is authorized by Section 444.075 and Chapter 475, Minnesota Statutes, to issue its General Obligation Water and Sewer Revenue Bonds, Series 1989 (the "Bonds"), in order to provide funds for improvements to the Water and Sewer System of the City (the "Water and Sewer System"), and it is necessary and expedient to issue the Bonds for such purpose. 1-J2. The Bonds are issued for the purposes of a water and sewer system and are not subject to any provisions of law prescribing requiring an election or referendum therefor under Section 444.075, Minnesota Statutes. • . ;R • • 34 ime)r �l 2.01. 1. The bid of _ Dean Witter Reynolds, Inc. to purchase the $2,300,000 General Obligation Water and Sewer Revenue Bonds, Series 1989 of the City is hereby found and determined to be the best bid received pursuant to advertised notice of sale and shall be and is hereby accepted, said bid being to purchase the Bonds bearing interest as follows according to year of maturity: 1993 6.10% 1994 6.20% 1995 6.25% 1996 6.25% 1997 6.25% 1998 6.35% 1999 6.45% 2000 6.50% 2001 6.50% 2002 6.60% at a price of 10'--�-.283.070.)Q plus accrued interest. IPM The good faith check of the successful bidder shall be applied as provided in the Official Notice of Bond Sale pending delivery of and payment for the Bonds. 2.02. The Bonds shall be in the aggregate principal amount, of $2,300,000, shall be dated September 16, 1989, shall be issued in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount of Bonds maturing in any year, shall be numbered from R-1 upwards in order of issuance or such other order as the Bond Registrar shall determine and shall bear interest at the rates set forth above, payable August 1, 1990 and semiannually thereafter on August 1 and February 1 of each year, and shall mature serially on February 1 in the years and amounts as follows: Yet. 1993 $175,000 1998 $225,000 1994 $175,000 1999 $250,000 1995 $200,000 2000 $275,000 1996 $200,000 2001 $275,000 1997 $225,000 2002 $300,000 All Bonds maturing on or after February 1, 1997 are subject to redemption in whole or in part at the option of the City in inverse order of maturity and by lot within a maturity on February 1, 1996 and any interest payment date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity. the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much Df the principal amount of each Bond of a denomina*ion of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. 2,03. The Bonds shall be payable as to principal upon presentation at the main office of American National Bank & Trust Company in St. Paul Minnesota as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books. The City shall deposit immediately available funds with the Bond Registrar sufficient for the payment of principal and interest when due. The reasonable charges of said bank for its -3- services as Bond Registrar shall be paid by the City Clerk as an expense of the improvements. 2,04. The Bonds shall be following fo-m, with the necessary interest rate and denomination, the properly filled in, to -wit: in substantially the variations as to number, blanks therein to be -9- (Form of Bond) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO No. R $ GENERAL OBLIGATION WATER AND SEWER REVENUE BOND, SERIES 1989 Interest _gate Maturity Date of Original Issue CUSI_^ September 16, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: The city of 0,uno in Lhe `:*.awe of Minnesota, for value received, hereby certifies th?t it is indebted and hereby promises to pay to the registered own,sr specified above oz registered assigns the principal sum specified above, on the: maturity date specified above, upon th, presentation and surrender hereof, and to pay to the registered owner hereof interest on such principal sum at the interest rate specified above from September 16, 1989, or the most recent interest payment date to which interest has :ten paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing August 1, 1990, until said principal sum is paid. Principal and the redemption price is payable in lawful money of the United States of America at the office of in Minneapolis, Minnesota as Registrar and Paying Agent, or at the offices of suc;. successor agents as the City may designate upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month next preceding each interest payment date (whether o: not a business day) at the registered owner's address set forth on the registration books maintained by the Bond Registrar Any such interest not punctually paid or provided for will cease to be payable to the person in whose name this Bond is registered on such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. -5- ADDITIONAL PROVISIONS OF THIS BOND ARE SET FORTH ON THE REVERSE SIDE HEREOF WHICH ARE INCORPORATED HEREIN AS IF SET FORTH HERE. All Bonds maturing on or after February 1, 1997 are subject to redemption and prior payment in whole or in part at the option of the City, in inverse order of maturity and by lot within a maturity, on February 1, 1996 and any interest payment date thereafter at par and accrued interest. Thirty days' prior notice will be given by mail to the registered owner hereof and published notice of redemption will be giv(-n in the manner provided by Minnesota Statutes, Chapter 475. This Bond is one of a series of Bonds in the aggregate principal amount of Two Million Three Hundred Thousand Dollars ($2,300,000), all of like date and tenor except for number, maturity, interest rate, redemption privilege and denomination and is issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Section 444.075 and Chapter 475, Minnesota Statutes, for the purnnsP of Providing funds Luz the costs of constructing improvements to the Water and Sewer System of the City (the "Water and Sewer System"), as set forth and described in the resolution of the City Council relating to the issuance of the Bonds of this series adopted September 11, 1989 (the "Bond Resolution"). The principal of and interest on the Bonds of this series, are payable primarily from and are secured by a lien on and pledge of the net revenues of the Water and Sewer System, but the full faith and credit of the City is hereby pledged to the prompt payment of the principal f and interest on the Bonds, and the City Council is obligated to levy ad valorem taxes on all taxable property it the City, if necessary for such purpose, without limitation as to rate or amount. Reference is hereby made to Section 444.075, Minnesota Statutes, and Chapter 475, Minnesota Statutes, and to the Bond Resolution for a description of the covenants of the City as to the application of the proceeds of the Bonds of this series and the moneys pledged to the payment of the Bonds and interest thereon. This Bond is transferable, as provided in the Bond Resolution, only upon books of the City kept at the offices of the Bond Registrar by the registered owner hereof in person or by his duly authorized attorney, upon surrender of this Bond for transfez at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the registered owner hereof or his duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more -6- fully registered Bonds of the series of the same i:�aturity, principal amount and interest rate will be issued -o the designated transferee or transferees. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Bond Resolution a•d subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amoui,t, maturity and interest rate of Bonds of this series of a different authorized denomination, as requested by the registered owner or his duly authorized attorney, upon surrender thereof to + a- Bond Registrar. It is Hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and hP performed precedent to and in the issuance of this Bond du exist, have happened and have been performed in regular and due time, form and manner as required by law; and that this Bond, and the series of which it is a part, lb within every debt and other limit prescribed by the Constitution and laws of the State of Minnesota. This Bond shall not be valid or become obligatory for any purpose until the Authentication Certificate hereon shall have been signed by the Bond Registrar. In witness whereof, the City of Orono, Minnesota, acting by and through its City Council, has caused this BoP4 to be executed with the facsimile signature of its Mayor and attested with the facsimile signature of the City Clerk ?nd a facsimile of the corporate seal of the City to be imprinted hereon, all as of the Date of Original Issue specified above. Dated: CITY OF ORONO By 1Facsimi�eL_ (Facsimi 1Q) City Clerk Mayor -7- Bond Registrar's Authentication Certificate This is one of the Bonds described in the within mentioned Bond Resolution. Bond Registrar By Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of assignee) the within Bond and all rights thereunder, and hereby irrevocably const;tutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other with the Identifying Number of Assignee Signature Guaranteed: Notice: The signat_-e to this assignment must correspond name as it appears on the face of this Bond in every particular, without alteration or any change whatever. Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. -8- (Form of Certificate) CERTIFTCATE AS TO LEGAL OPINION I, Dorothy Hallin, City Clerk of the City of Orono, Minnesota, hereby certify that except for the date line, the above is a full, true and compared copy of the legal opinion c1f Faegre & Benson, Df Minneapolis, Minnesota, which was delivered to me upon delivery of the bonds and is now on file in my office. _(Facsimile) _ City Clerk 2,06. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Ronri Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. The Bond Registrar shall be a bank or trust company which is subject to or who aarees to comply with the United States Securities Exchange Commission's transfer turnaround rules, nich in general presently require an agent to complete normal transfers in 72 hours. Upon surrender for transfer of any Bond at the of c:e of Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bend Registrar :hall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered £ -is of the same series, of any authorized denominations and .. a like aggregate principal amount, interest rate and maturity. Any Bonds, non surrender thereof at the office of a Registrar may, at the option of the registered owner thereof, be exchanged for a►, equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. All Bonds originally issued hereunder or issued pursuant to a transfer or exchange prior to the first interest payment date shall be registered as of and bear interest from September 16, 1989 and all Bonds subsequently issued shall be registered as of and bear interest from the last interest payment date to which interest was paid -9- or duly prodded for. Bonds, whether �emporarFor every such exchange or transfer of Registrar ma egovernmental Y mor definitive, the City or the Bond tax, fee or othera charge sufficient to reimburse it for any respect to suc" exchange orttransfer, which rsudmtorbpaid with su be paid by the person requesting such exchange or transferall condition precedent to the exercise of the such exchange or transfer, a of this Resolution, the cost Nof4,thstandingpanylothe1of making each exchange or transfer, preparing Provision and an g each new Bond upon or the Bond Registrar incurred inyconnectionetherewith nses of he City any applicable .ax, fee or other governmental char a (except paid by the C '.y. The City and the Bond Registrar gshall anot bb obligated to make any such exchan e the fifteen y or transfer of Bonds during (15) days next preceding the date of the first Publication or the mailing (if there is no notice of redemption of Bonds. The City and uthe cBond nRegistrar shall not be required to make any transfer or exchange or an Bonds called for redemption for which notice was mailed. y Published or 2..,Q7. Interest oi, any Bond which is Punctually paid or duly provided for. Payable, and is date shall be paid to the person in whoseunamenthatsBondYm one or more Bonds for which such Bcnd was exchanged) is (or registered at the close of busi^ess on the 15th day of the month preceding such interest any ::�.�nd which is any date. A:1y interest on apayable, but is not punctually paid or duly provided for, On cease to be y interest payment datE, shall fofthc,,.�n payable to the registered r.,lder on the re:evant regular record date solely by virtue of such holder have been such holder; and such defaulted interest may be City in any lawful manner, if, after Paid by the to the Bond Registrar of the notice given by the City to t ra h Proposed payment pursuant to this paragraph, , Suc.' paym,2nt shall be deemed Registrar. Subject to the foregoing 1sions of Practicable hby i the Bond paragraph, each Bond delivered under this Resolution upon transfer of u, in exchange for or in lieu of any other Bond Shall carry all the rights to interest accrued and unpaid to accrue, which were carried by such other Bond and each and such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution, g and their 21es o As to any Lond, the City pective successors and the Bond Registrar deem and treat the , each in its discretion, Tray bein Person in whose name the same for the time urposes g shall be registered as the absolute owner thereof for all respectivenduccessorsneither tshallhe tbenaffeor he Bond Registrar nor their by contrary. Payment of or on accountofthe any notice to the such Bond shall be made onlyPrincipal any to or upon the order of tthhe -10- registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. "Vey 0 • • ; • •_.� 3,01. The Bonds shall be prepared under the direction of the City Clerk and when so prepared shall be executed by i_h respective facsimile signatures of the Mayor and City Clerk and facsimile of the corporate seal of the City as set forth in the form of Bond. The text of the approving legal opinion of Faegre & Benson, of Minneapolis, Minnesota, as bond counsel, shall be printed on the reverse side of each Bond and shall be certified by the facsimile signature of the City Clerk. When said Bonds shall have been duly executed and authenticated by the Bond Registrar in accordance with this Resolution, the same shall be delivered to the purchaser Upon payment of the purchase price, and the receipt of the Finance Director to the purchaser shall be a full acquittance; and the purchaser shall not be bound to see to the application of the purchase money. The Bonds slidll not be valid for any purpose until authenticated by the Registrar. Bonds ii►itially issued hereunder shall be issued in such authorized denominations and registered in s,,:h names as shall be designated by the Purchaser to the Bond Registrar. 3,02. The Official Statement relating to the Bonds, on file with the City Clerk and presented to this meeting, is hereby approved, and the furnishing thereof to prospective purchasers of the Bonds is hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. 3,03. If such officer finds the same to be accurate, the Mayor or the City Clerk is authorized and directed to furnish to the purchaser at the closing a certificate that, to the best of the knowledge of such officer, the official Statement does not, at the date of closing, and did not, at the time of sale of the Bonds, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Unless litigation shall have been commenced and be pending questioning the Bonds, proceedings for the improvements to be financed with the proceeds of the Bonds, or the organization of the City or incumbency of its officers, at the closing, the Mayor and City Clerk shall also execute and deliver to the successful bidder a suitable certificate as to absence of material litigation, and she City Clerk shall also execute and deliver his certificate as to payment for and delivery of the Bonds, together with the arbitrage certificate referred to -11- below and the signed approving legal opinion of Faegre & Benson. 3,04. The City Clerk is authorized and directed to prepare and furnish to the purchaser and bond counsel approving the issue certified copies of this Resolution and all ordinances, resolutions and proceedings relating to the Water and Sewer System and the Bonds and such other proceedings or records as may be required to show the right, power and authority of the City to issue the Bonds and to impose charges and provide covenants for its payment and security, and such certified copies and certificates shall be deemed representations of the City as to all facts stated therein. 4,01. The proceeds of the Bonds after payment of issuance costs of the Bonds shall be used for improvements to the Water and Sewer system and any remaining moneys and funds shall be deposited in and credited to the Water and Sewer Bon_: Account of the Water and Sewer Fund. RI *Eevis • . IS 5,01. There is hereby established a Water and Sewer Fund (herein the "Water and Sewer Fund"), within which fund the following accounts: a. Operation and Maintenance Acco+!nt, to which has been and shall be credited the gross revenues of the Water and Sewer System; and b. Water and Sewer Bond Account (the "Water and Sewer Bond Account"), to which shall be credited the net revenues of the Water and Sewer System after payment of operation and maintenance expenses. 5.02. All revenues of the Water and _...er System shall be promptly deposited when rezeived and credited to the Operation and Maintenance Account, and the operation and maintenance expenses shall be payable as a first charge from such revenues of the Water and Sewer System and be payable from the Operation and Maintenance Account of the Water and Sewer Fund. The laity may retain from the net revenues of the Water and Sewer System a reasonable amount as a maintenance and operation reserve for the purpose of paying anticipated maintenance ar►d operation expenses. 5.03. From the net revenues of the Water and Sewer System, there shall be credited to the Water and Sewer Bond Account on the first day of each month an amount not less than --12- one -twelfth of the total amount of principal of and interest on the Bonds due and payable during the following year. Amounts credited and to be credited to the Water and Sewer Revenue Bond Account shall be used only for payment of principal of and interest on the Bonds. 5,04. After making the required payments into the Water and Sewer Bond Account, all remaining net revenues in the Water and Sewer Fund shall be used for improvements, extensions, reconstruction or additions to the Water and Sewer System, and to redeem outstanding obligations payable from the net revenues of the Water and Sewer System, or to the extent authorized by the City Council for any other lawful purpose; provided that the City Council shall first determine that the moneys and investments remaining in sail fund and net revenues from collections of such charges in succeeding years will be in amounts and available at times sufficient to provide for all remaining installments of principal and interest on the Bonds and any additional obligations payable therefrom and a sum at least 5% in excess thereof. If the moneys and investments credited to the Water and Sewer Bond Account shall be or become insufficient to pay principal and interest on the Bonds (and any additional obligations authorized hereby), any moneys in the General Fund of the City shall be credited to the Water and Sewer Bond Account to the extent of such deficiency and the amount so credited shall thereafter be reimbursed from the net revenues of the Water and Sewer System. It is hereby estimated, found and determined that the said collections of net revenues derived from the Water and Sewer System will be sufficient to pay when due principal of and interest on the Bonds and a sum at least 5% in excess thereof, and no tax levy will be required for such payment; but the said Bonds shall be the general obligation of the City, and the City will levy a general ad valorem tax for the payment of the principal thereof and interest thereon whenever it may appear necessary in order to provide for the full and timely payment thereof. 5,05. Moneys on deposit to the credit of the Operation and Maintenance P-rount and the Water and Sewer Bond Account may be invested i obligations eligible for the investment of municipa' lice funds. Obligations so purchased shall be deer:.•, times to be part of said Accounts and any inter-- .ing thereon and profit realized from such investments :z..:l be credited to such Accounts. The City shall sell, at i,ie hest price obtainable, any obligations so purchased whenever it shall be necessary to do so in order to provide moneys to meet any payment of principal or interest on the Bonds or tether obligations payable from the revenues of the Water and Sewer System and authorized hereby. Amounts on deposit in the Operation and Maintenance Account and the Water and Sewer Bond Account shall be limited as to amount and yield of investment to the extent necessary to prevent the Bonds from -13- becoming arbitrage bonds under Section 148 of the Internal Revenue Code of 1986 and regulations thereunder. 6,01. The Bonds and any additional obligations, tj the extent authorized by this Section 6, shall be equally and ratably secured by a first lien on and pledge of the net revenues of the Water and Sewer System, without regard to Bond series, serial numbers, order of execution or otherwise. 6,02. The City shall have the right to issue additional obligations to be secured by a parity lien on and ratably payable from the net revenues of the Water and Sewer System for the purpose of providing money for improvements or extensions to the Water and Sewer System of the City. 6,03. Without regard to the limitations provided by paragraph 6.02 the City may issue bonds payable from the net revenues of the Water and Sewer System: (a) for the purpose of refunding the principal of all Bonds outstanding; or (b) for the purpose of refunding the principal of and interest on outstanding Bonds not paid when due for lack of available net revenues. SECTION 7. FURTHER COVENANTS. So long as any of the Bonds are outstanding, the City covenants with and for the benefit of each Bond holder that: 7.01. The City will establish, maintain and collect such charges of the nature authorized by Section 444.075, Minnesota Statutes, at the times and in the amounts necessary so that the net revenues of the Water and Sewer System will be sufficient to make the required payments into the Water and Sewer Bond Account. 7.02. The City will continue to own, operate and maintain the Water and Sewer System of the City as a revenue -producing utility free from all liens on the property thereof and income therefrom other than the liens herein described or provided. 7 0 . The City will use its best efforts to comply with all applicable laws and regulations of the United States of America and the State of Minnesota and each department and agency thereof, including laws and regulations relating to public health and water and sewer quality. The City will continue to use and operate the System to the extent such use and operation is not prohibited by court order or regulation, -19- but the City may contest the validity or applicability of any law or regulation so long as the System is not thereby subject to unreasona'jle penalties or risk of damage or forfeiture. The City shall construct the improvements or extensions ultimately determined to be necessary to comply with applicable laws or regulations so that the System may be used and operated as a revenue -producing utility, and the City may issue additional obligations secured by a parity lien on and ratably payable from the net revenues of the System, as provided in Section 6 hereof, for the purpose of providing money for said necessary improvements or extensions. 8.01. The City covenants and agrees with the owners of the Bonds that the investments of proceeds of the Bonds, including the investment of any revenues pledged pursuant to Section 6 hereof, any grant proceeds or any other revenues pledged to the Bonds which are considered proceeds under the applicable requlations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that Lhe Bonds shall not be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986 (the "Code"), and regulations thereunder. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City Council hereby certifies that it is not expected that the proceeds of the Bonds will be used in such manner as to cause the Bonds to be arbitragei bonds under Section 148 of the Code and regulations thereunder. The City Council also finds that the exception for small governmental units available under Section 148(f)(4)(C) is applicable to the Bonds because (i) the City has general taxing powers, (ii) the Bonds are not private activity bonds under Section 141(a) of the Code, (iii) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City and (iv) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) during the current calendar year is not reasonably expected to exceed $5,OOO,O00. The City Clerk shall furnish an arbitrage certificate to the Purchaser embracing or based on the foregoing certification at the time of delivery of the Bonds to the Purchaser.. 8.02. The City Council hereby designates the Bonds to be "qualified tax-exempt obligations" for the purposes of Section 265 of the Code and finds that the reasonably anticipated amount of qualified tax-exempt obligations (other than private activity bonds) which will be issued by the City during the current calendar year does not exceed $10,000,000. $1Q3.. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to cause the -15- same to be f-.led in the office of the County Auditor under Section 475.63, Minnesota Statutes, and to obtain a certificate as to registration of the Bonds. 8.04. The City Clerk and other officers and employees of the City are hereby authorized and directed to furnish to the attorneys approving the Bonds, on behalf of the Purchaser of t►:e Bonds, certified copies of all proceedings and certificates as to facts as shown by the books and records of the CiLy, to show the proceedings taken in connection with the improvements to be financed and the Bonds, and the right and authority of the City to issue the Bonds, and all such certified copies and certifications shall be deemed representations of fact on the part of the City. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -16- STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held September 11, 1989 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $ 2,300,000 General Obligation Water and Sewer Revenue Bonds, Series 1989, of said City. WITNESS My hand officially and Lne seal of the City this day of September, 1989. (Seal) 2758e City Clerk City of Orono, Minnesota -17- In the opinion of Bond Counsel, under present laws and rulings, the interest on the Bonds is not includable in gross income for purposes of federal income taxation or in taxable net income of individuals, estates or trusts for purposes of Minnesota income taxation. The Bonds are "qualified tax-exempt obligations" under Section 265(b)(3) of the Internal Revenue Code and interest thereon is not subject to ttie federal alternative minimum tax applicable to individuals or the Minnesota alternative minimum tax applicable to individuals, trusts and estates. See "Tax Exemption" herein for a discussion of federal tax legislation. OFFICIAL STATEMENT CITY OF ORONO, MINNESOTA $2,300,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1989 New Issue Rating: Application made BID OPENING: Monday, September 11, 1989, 0:00 o'clock a.m., C.T. CONSIDERATION: Monday, September 11, 1989, 7:00 o'clock p.m., C.T. MRN9/AUT110RiYL$VQV9ITY: The Bonds are issued pursuant to Minnesota Statutes, Chapter 475 and Section 444.075, to provide funds for the financing of various water and sewer projects in the City and will be paid from a combination of connection charges, special assessments and water and sewer revenues. The Bonds will be in fully registered form as to both principal and interest and will be in integral multiples of $5,000 each. Delivery is subject to receipt of approving legal opinion of Faegre & Benson, of Minneapolis, Minnesota. PATE OF_0ONDS: September 16, 1989. MATURITY: February 1 as follows: Year Am4Vnt Year Amg-Unt 1993 $175,000 1998 $225,000 1994 $175,000 1999 $250,000 1995 $200,000 2000 $275,000 1996 $200,000 2001 $275.000 1997 $225,000 2002 $300,000 REDEMPTION: Bonds maturing February 1, 1997, and thereafter are subject to call for prior redemption on February 1, 1996, at par. INTEREST: August 1, 1990 and semiannually thereafter. RE5I5TRAR/PAYIN-5-_AQIENNT: Named by the City. MINI -Mill BID: $2,255,350. GOQD_FAITH_ D�n UT: $46,000, payable to the City Finance Director. This Official Statement is dated September 1, 1989. Prepared For The Issuer %I* &V AlierodU, L LEADERS IN PUBLIC FINANCE OFFICES IN MINNEAPOLIS AND WAUKESHA 2950 Norwest Center • 90 South Seventh Street • Minneapolis MN 55402.4100 •612-339-8291 • FAX 612-339 0854 on TABLE OF CONTENTS ran OFFICIAL NOTICE OF BOND SALE ............................................... 1 Rating; Tax Exemption .................................................. 3 INTRODUCTION............................................................... 5 Risk Factors........................................................... 6 Insurance .......................................... ................ 1 Litigation ........................................ ................... 7 Debt Payment History ................................................... 7 STATISTICAL INFORMATION 1988/89 Valuations..................................................... 11 Trend of Valuations, ............. o ................................ o .... 12 Larger Taxpayers....................................................... 12 Direct Debt; Debt Limit; Future Financing .............................. 13 Schedules of Bouded Indebtedness G. 0. Bonds Being Paid from Revenues and Special Assessments........ 14 G. 0. Bonds Being Paid from Special Assessments and Taxes........... 15 Overlapping Debt ............................ 16 Debt Ratios........................................0................... 17 Tax Collections; Mill/Tax Capacity Rates ............................... 18 Levy Limits........................................................... 19 Funds on Hand.......................................................... 20 CityGovernmew and Services ........................................... 20 Employees; Pensions.........................0..............0........... 20 Enterprise Funds ... ................................................... 21 U. S. Census Data; Unemployment Rates .................................. 22 GENERAL INFORMATION Location; Area Development ............................................. 23 Larger Employers....................................................... 23 Building Permits....................................................... 24 Education.............................................................. 24 Recreation ..................... 25 Financial Services ..................................................... 25 Closing Certificat+s................................................... 26 BONDYEARS................................................................. 27 EXCERPTS FROM FINANCIAL STATEMENTS..................................Appendix A FORM OF LEGAL OPINION...............................................Appendix BIDFORMS............................................................Encloses OFFICERS JAMES GRABEK J. DIANN GOETTEN BARBARA PETERSON EDWARD CALLAHAN ALAN NETTLES MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER MARK BERNHARDSON, CITY ADMINISTRATOR THOMAS KUEHN, FINANCE DIRECTOR DOROTHY HALLIN, CITY CLERK PROFESSIONAL SERVICES BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, ENGINEERS, ST. PAUI. TOM BARRETT, CITY ATTORNEY, MINNEAPOLIS FAEGRE & BENSON, BOND COUNSEL, MINNEAPOLIS EHLERS AND PSSOCIATES, INC., FINA14CIAL SPECIALISTS, MINNEAPOLIS c. AM 1 OFFICIAL NOTICE OF BOND SALE $2,300;000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1989 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN That these bonds will be offered for sale according to the following terms: TIME AND PLACE: Bids will be received by the City at the offices of Ehlers and Associates, Inc., 2950 Norwest Center, Minneapolis, Minnesota, until 11:00 o'clock a.m. on Monday, September 11, 1989. The City Council will meet at 7:00 o'clock p.m. on the same day at the City Hall, Orono, Minnesota, to consider the bids and award the sale. TYPE OF BOND: Fully registered general obligations in the denomination of $5,U00 or any integral multiple thereof up to the amount of any single maturity as specified by the purchaser. PURPOSE: Constructing ✓arious water and sewer improvements pursuant to Section 444.075 and Chapter 429, Minnesota Statutes. DATE OF BONDS: Sept. er 16, 1989. INTEREST PAYMENTS: AugUF' 1, 1990.and semiannually thereafter on February 1 and August 1 of each year. MATURITIES: February 1 in the amounts and each of the years as follows: $175,000 in 1993, $1.75,000 in 1994, $200,000 in 1995, $200,000 in 1996, $225,000 in 1997, $225,000 in 1998, $250,000 in 1999, $275,000 in 2000, $275,000 in 2001, $300,000 in 2002 REDEMPTION: All bonds maturing .)n or after February 1, 1997, arN subject to redemption and prior payment in whole or in part in inverse order of maturity, and by lot within a maturity, at th- opt, n of the City on February 1, 1996 and any interest payment date thereafter and accrued interest. REGISTRAR, ?RA.NSFER AG, PAYING AGENT: The initial Registrar, Transfer Agent and Paring Agent M elected by the City at she time of sale and the City will reserve the rigut -ct such successor agents as the City may hereafter designate by noticr. t( tP tered owners of bonds not leas than 60 days prior to any change. Ini-eresL i be paid by check or draft mailed to registered owners of bonds as shown b) _he registration books of the Citv on the 15th day of ti.e month preceding earh interest payment date. The 1-vnds will be transferable only upon the registration hooks of the City kept by the Registrar. CUSIP NUMBERS: It is anticipated the CUSIP identification numbers will be printed on the bonds, but neither the failure to print such number on any bond or any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and a with the terms of sale. All expenses in relation Pay he said bonds C accordance on the bonds shall be paid for by the City;printing of CUSIP numbers Service Bureau charge for the assignmentProvided, however, that the CUSIP responsibility of and shall be paid for by the said numbers shall be the Y purchaser. DELIVERY: Within 40 days of the award of sale, subject :o a opinion of Faegre & Benson, Minnea olis Minnesota. PProvnd legal P opinion will be paid by the City� Bond printing and legal a immediately available funds anywhere in he delivery continentalin to the purchaser. United Statestwithouttcost TYPE OF BID: Sealed bids for not less than ` interest on the principal amount of $293009000 from the date of the bonuE ds accrued rthe date of delivery must be received by the Fins;z^e Director prior to the time specified above. A good faith deposit in the amount of $46,000 must be submitted with each bid. The good faith deposit must be in the .orm of a certified or cashier's check or bank draft or a wire transfer of funds to Resource Bank & Trust Company, in Minneapolis, Minnesota, ABA #09-10-0550-6 fnr forth & Associates, lr.c., Bon.t Issue l;scrow Account ��850-188-1, 'e' '.'edit to F!,Iers The good faith deposit will be retained by the City as liquidated t n damages Molly aifrthe bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the bonds. RATF,Sr All rates must be in integral multiples of 5/100ths or 1/8th of 1% and no rate may exceed the maximum rate permitted b y lawmaturity shall bear a single uniform rate from date of .issue ttoAilt�ds matuof tile rity. same The interest rate for the honas any maturity shall not exceed the rate specified for any subsequent maturity. AWARD: The bid of ink, the lowest net Interest favorable. The net iless cost will be deemed most discount ($2,300,000 less cost is to be determined by adding the amours` of any amount of purchase price) to, of any premium (excess of purchase price over $2 300,000)ofrom, tlettogalltir�te�eat from the date of the bonds to stated maturities. The y Council the tiro any bid and toe adjourn itgtre sat �lereject any and all bids, to waive any informality Dated: Augurt 14, 1989. 91' ORDFR OF THE CITY CoUiv-11, Mark Bernhardson City Administrator City Hall 1335 Brown Road South Crystal Bay, MN 55323 2 If bids are delivered to Ehlers & Associates, Inc., the good faith deposit, payable to tt y Finance Director, shall be retainer' in th offices of Ehlers & Assorr. s, Inc. with the same effect as if delivered to .Ae City Finance Director. Alternatively,_bijders may wire t:ie good faith deposit to Resource Bank & Trust Company, Minneapolis, Minnesota, A.B.A. #09-10-0550-6 Attention: I4011y Majerle for credit to Ehlers & Associates, Inc. Bond Issue Escrow Account, #850-788-1. 'The City and any bidder who chooses to so wire the guod faith deposit hereby agree irrevocably that Ehlers & Associates, Inc. shall be the escrow holder of the good faith deposit wired to such account subject only to these conditions and duties: 1) All income earned thereon shall be retained by the escLu holder as payment for its expenses; 2) If the bid it 1kot accepted, Ehlers & Associates, Inc. shall, at its expense, promptly return the Rood faith deposit amount to the losing bidder; 3) If the bid is accepted, •^''srs Associates, Inc. shall disburse the good faith deposit amount as directed by the City; 4) Ehlers & Associates, Inc. shall bear all costs of maintainitig the escrow account and returning, the funds to the bidder; 5) Ehlers & Associates, Inc. shall not be an insurer of the good faith deposit amount and shall have no liability hereunder except if it willfully fails to perform, or recklessly disregards, its duties specified herein; and 6) FDIC insurance on deposits within the escrow account shall be limited to $100,000 per bidder. OFFICIAL STAT_EMF1T Underwriters may obtain a Copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 25 copies of the Official Stat(ment. M.LlNG General obligation bonds the City of Orono -itl, tee "Aa" by M ody's Investors Service, Inc. 1'he City has requested 0,1 tnis issue from -)ody's Investors Service, Inc., and bidders will be it as to the assigned rating prior t. the sale. Stich a rating, if and when re, will reflect only the view of the rating ab .lcy and ary explanation of the significance of such ra►.ing may only be obtained from Moody's Investors Service, Inc. There is no assurance tlx: t such rating, if and when received, will continue for any period of time or that ;t will not be revised or withdrawn. Any revision or withdrawal of the rating ..:.y have an effect on the mark,2t price of the Bonds. It. 3 In the opinion of Bond c unsel, under present laws and rulings, interest on the Bonds is not includable in gross income for purposes of federal income taxation or In taxable net income of individuals, eptates or trusts for purposes of Minnesota income taxation. However, certain provisions of f-he Internal Revenue Code of 1986, as amended (the "Code") and related Minnesota tax law provisions do affect the tax treatment of interest on the Bonds for certain taxpayers. The status of interest on the Bonds under those provisions is described below: 1. Interest on the Bonds is subject to the Minnesota franchise tax imposed upon corporations, including financial institutions, measured by taxable income and the alternative minimum tax base. 2. Interest on the Bonds is not all item of tax preference required to be included in the computation of any federal alternative minimum tax applicable to individuals or the Minnesota alternative minimum tax applicable to individuals, trusts and estates. 3. In computing the corporate alternative minimum tax, 50% of the excess of a corporation'R adjusted net "book income" for financial statement purposes of its alternative minimum taxable income (determined without regard to this book income adjustment) is treated as a preference item. Interest on the Bonds is included in determining the adjusted net book income (or earnings and profits) of corpCIrantLuits for the purposes of this computation. ',. The Donds are "qualified tax-exempt obligations" for purposes of Section 265(b) of the Code and, therefore, financial institutions may deduct a portion of their interest expenses allocable to the interest received from the Bonds. ;. Certain deductions for underwriting losses of property and casualty insurance companies are disallowed by an amount equal to 15% of tax-exempt income received or accrued on obligations such as interest on the Bonds. 6. Under the Superfund Amendments and Reauthorization Act of 1986 an ade'tional Lax is imposed on corporations equal to 0.12% of a corporation's :alternative minimum taxable income in excess of $2,000,000 (whether or not the corporation is subject to alternative minimum tax). 7. Interest on the Bonds will be saabject to federal income taxation to the extent It is included in "effectively connected" U.S. earnings and profits of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code and is includable in the net investment income f foreign insurance companies for purposes of Section 842(b) of the Code. Interest on the Bonds is includable in the calculation of modified adjusted gross income in determining whether Social Security or railroad retirement payments are to be include'. in taxable income if individuals. 9. Passive investment income, Including interest on the Bonds, may be subject to federal income taxation ender Section 1375 of the Code fer an S corporation that has Sub-hapter C earnin ind Profits at t►,e close of the ta:tt!e year if more than 25% of its gross receipt.. is passive investment income. Purchasers of ti-e Bonds are encouraged to consult with their personal tax advisors regarding the impact of the foregoing on their individual tax liabilities. 4 INTAOE)UCTION The $2,300,000 pursuant G.0' Water and to Minnesota Sewer Revenue Bonds and sewer projects withStatuteso Chapter 475 and Section 44 this offeri,r g are follows; n the City075 to finanCe issued water of Orono. Capitalization has been estimated as Replacement of With gravity lift station Nos. 10 and 43 lines and new capacity Highway No. 12 projects: Sewer part I: New main extension Sewer part II: Trunk capacity improvement Water part I: Trunk extension Water part II: Well/puMp/structure Water part III: New water tower S1r`'total 'i" fiscal, administrative -vitalized interest Funds needed Discount allowance Bond issue $ 218,000 170,000 550,000 95,200 330,000 -- 5, 154 $1,898,350 27,000 --319�QQ� $2,255,350 - - - 44 L650 The lift station Z connection improvements will charges, and remaining be financed connection char g improvements primarily with prepaid will be a ges$ special assessments and are with to receipts of Cap1�,•lized interest biP over period of 5 or 10 system revenues' Any be Paid from a Y assessments not has been included in years depending all proj�`Lb, included tt,e finan "E'Oi' t}1e Project. g Payback methods and holdingca�g tO allow time The Bonds for bidding general Y necessary final hearings, taxing Powers are obligations of the City Pledged without limit Y for which its full faith, credit as to rate or amount, and 5 RISK FACUR$ Following is a description of possible risks to holders of these Bonds without weighing as to probability. This description of risks is not intended to be all-inclusive and there may be other risks not now perceived or listed here. Taxes: The Bonds of this offering are general obligations of the City of Orono, the ultimate payment of which rests in the City's ability to levy and collect sufficient taxes to pay debt service should other revenue (water and sewer revenues and special assessments) be insufficient. Rat inQ$�__intere_st_Rates: Li the future, the City's credit rating may be reduced or withdrawn, or interest rates for this type of obligation may rise generally, both possibilities resulting in a reduction in the valu? of the obligations for resale prior to maturity. Tit EXeMpti,Qn: If the federal government or the State of Minnesota taxes the interest on municipal obligations directly or indirectly, the value of the Bonds may fall for purposes of resale. Noncompliance following the issuance of the Bonds with certain requirements of the Code and covenants of the bond resolution may rPSult in the inclusion of interest on the Bonds in gross income of the recipient for United States or in taxable net income of individuals, esLdLes vi LLUbts .,. State of Minnesota income tax purposes. No provision has been made fer redemption of the Bonds, or for an , -ease in the interest rate on the Bonds, in the event that interest on the Bonds ecomes subject to United States or State of Minnesota income taxation, retroacti%e to the date of issuance. State Economy;_LQc-Ajl_GQv_C_rrrment. A:_d$: State cash flow problems could affect local governments and possibly increase property taxes. Econpmy: The economy of the City of Orono consists of light industry and commerce, and agriculturally related businesses. A combination of economic-, climatic, political or civil disruptions reuld affect the local economy and result in reduced tax ccllections and/Or increased demands upon local government. 6 `- I INSURANCE The City of Orono's Workers Compensation and Employer's Liability Insurance Policy provides statutory coverage. Additionally, the City has: JYPE OF INSURANCE AMOUNT OF COVERAGE Total real and personal property ($500 deductible, 900 ^.o-insurance) $1,420,871 Miscellaneous property floater 131,800 ($250 deductible) Contractors equipment floater 242,800 ($500 deductible) General liability 600,000 Liquor liability 1,000,000 Money & securities broad form endorsement 2,000 Public employpes blanket bond 5U,000 Boiler & machinery peril 100,000 Auto liability - uninsured motorist 600,000 Comprehensive ($250 deductible) 50,000 Collision ($500 deductible) Umbrella policy 2,000,000 Public official's liability errors & omissions ($2,500 deductible) 600,000 Loss of business income & extra expense 86,00014,000 Golf course 50,000/0 Water tower Administration building 20,000/20,000 L-1'1IVAT10 - There is nL litigation threatened or pending questioning the organization or boundaries of the City of Orono or the right of any of its officers to their respecLive offices or in any manner questioning their rights and power to execute and deliver these Bonds or otherwise questioning the validity of these Bonds. PEA'__ PAYW T _[U STORY The City of Orono has never defaulted in the payment of principal and interest on i.ts debt. MIR?aa TA _►A_i VA_T14NSs_ PRQURTY_ TAXIS All non-exempt property is subject to taxation by local taxing districts The total tax rate is determined by dividing each taxing district's dollar levy (budget less aids and revenues) by its total tax capacity. At least one-fourth of all real properties are appraised yearly by local or county assessors who are directed by statute to appraise cacti parcel according to its estimated market value (EMV). The assessors classify all property subject to the general property tax and apply statutory percentages to the EMV to determine the tax capacity upon which tax capacity rates are computed. Significant major classifications and the percentages by which tax capacity is determined are: Type of PrutElk Residentia' homestead2) Agricultural homestead2) 1987/8$1) First $68,000 - 17% Exr.ess - 21% First $66,000 - 14% Excess - 18% Agricultural land nor -homestead 18% Seasonal residential property Residential non -homestead: Having 4 or more units Having 3 or less units Industrial/commercial/ utility3) Section 8 Housing4) 21% 34% 28% Firs`. $60,000 - 28% Excess - 43% Building - 20% Land - 34% 1988/891) First $68,000 - 2.17% $68,000-$100;000 - 2.507- Excess - 3.30% First $65,000 - 1.75% Excess - 2.25% House/garage/l acre-2.70% Land - 2.25% 2.3% 4.1% 3.5% First $100,000 - 3.3% Excess - 5.25% 5) Building - 2.5% Land - 3.5% I)For taxes levied and collected in 1988/89, the State of Minnesota has replaced the use of assessed valuation to determine taxes with the use of tax capacity. 2)A property qualifies as "homestead" if it is occupied by the owner on the assessment date. 3)The estimated market value of utility property is determined by the Minnesota Department of Revenue. 4)The 20% assessment applies only to the portion occupied by low-income, elderly or handicapped persons unless the project was approved by the municipality, or financing approval was approved by a state or federal agency prior to 6/30/83. `)For 1990 it is proposed in current law that this will remain 5.25%, will drop to 5.20% in 1991 and to 5.15% in 1992 and subsequecit years. MWNE,S0_T&J&WATIONS: PROPER Y—IAXES (continued) EXempt,_propUty: Exempt real property includes Indian lands, public property, and educational, religious emd charitable institutions. Most personal property is exempt from taxation (except investor -owned utility mains, generating plants, etc.). Cred""_9J Zl_8_8: Minnesota Statutes provide for various property tax credits: �lpes�ead Cr�di>s - Homestead taxes, including debt service taxes, are reduce by a 54% state -paid credit (to a $700 maximum) on the first $68,000 of a home's [assessor's] market value. The homestead tax credit is deducted from individual tax statements and is reimbursed by the State to the taxing districts in proportion to their levies. Proo�ty Ta_Y ncome Adjusted Refund Act (Circuit breake-) - Further property tax refunds to homeowners and renters are gauged by per -stages of the gross property tax to household income up to $35,000. If a homeowner's tax or a renter's share of the actual tax exceeds certain percentages of household incomes, homeowners or renters may receive State -paid refunds up to a maximum (credits and refunds) of $1,100. Senior citizens and disabled persons have an accelerated refund schedule available to them. �g�)�y�ty��j��it - Homestead - An agricultural credit of 36% of the tax imposed on the first 320 acres (including buildings and structures, but excluding dwellings and one acre of land for each dwelling), and 26% of the tax on the remainder, is deducted from the tax statement and paid directly to the local school district by the State of Minnesota. The farm home and surrounding onp acre do not receive the agricultural credit, but do qualify for the homestead credit and income adjusted (circuit breaker) refund. A,gricultural-Credit_-_Nort-g4mgg-tsRd - An ag.icultura, credit of 26% of the tax levy imposed on the property (excluding dwellings and one acre of land for each dwelling) is deducted from the tax statement and paid directly to the local school district by the State of Minnesota. Smail__Busi�ne.ePr4�ertyaX Cdi� - For property taxes payable in 1988 only, commercial industrial property is eligible for a state -paid small business transition property tax credit if taxes payable on the first $120,000 of market value exceed 3% of the 1987 market value. The credit is 50% of the tax in excess of 3% of market value. Only property qualifying for the 28% assessment ratio qualifies for this credit (i.e., one parcel per owner per county). Jaxes__for__J988/89: The Minne. Legislature passed the 1988 Omnibus Tax Bill which made some significant chat., io the property tax system. Some changes take effect for taxes payable in 1989, and others take effect fo•: taxes payable in 1990. For 1989, assessment values will be replaced with gross tax capacities, and mill rates will be replaced with tax capacity rates but will operate very much the same way. Existing classifications of various property types will be inflated by a factor of approximately 2.2. 1he homestead credit has been retained with the aximum credit increasitsg to $725. Agricultural credits have also been retained. he one-year small business credit has been eliminated. The Local Government Aid program for municipalities has been increased an estimated $75 million in funding 9 t, h1INN-.4T�.VAL-TA;—PRoz& ZX_IAXL5_A_Qp t tl_ved) but with a major formula change. A new disparity reduction aid program has been made available to be targeted for very high mill rate areas (generally for mill rates over 125 mills plus additional adjustments). The new tax capacities should not result in major shifts or tax burden changes for any major classes of property, although lower value residential homesteads will see an increase and small businesses a decrease. The tax capacities will provide a reduction for homestead market value between $68,000 to $100,000. For businesses the lower gross tax capacity rate has been extended to the first $100,000 of value from the first $60,000 of value. Taxes f4r-12$9/90: The 1988 Omnibus Tax Bill provides for additional changes. Net tax capacities will be used to determine tax burdens. The homestead and agricul oral credits will be provided through lower net tax capacity ratios. Homestead and agricultural credit reimbursements to local governfients will be eliminated and replaced with a new transition aid. This transition aid will result in very similar reimbursement. The disparity reduction aid is to be frozen at 1989 levels and Local Government Aid will be calculated the same as in 1989, but the increase in aid is to be reduced by one half. i O STATISTICAL INFORMATION V A L UA►TION-$ Market value of taxable property, 1988/89 . . . . . . . . . . . . 1576,438,3411) Real Estate Personal Property Total Less: Fiscal Disparity Contribution 2) Taxable Gross Tax Capacity Plus: Fiscal Disparity Distribution 2) Adjusted Taxable Gross Tax Capacity 1988/89 1988/89 Assessor's Estimated Market Value Gross Tax Capacity $477,834,580 $14,049,094 3,495,200 ` 183,499 1481,329,78.9 $14,232,593 (267,253) $13,965 340 _._. 386.4k2 $14,351,809 According to the Hennepin Cowity Auditor, about 90.29% of the City's total Cross tax capacity is residential, 2.60% is agricultural and 7.11% is utility, industrial and commercial property. 1)According to the Minnesota Department of Revenue, the "assessor's estimated market value" for the City of Orono is about 83.4% of true market value. The ratio was calculated by comparing the selling prices of property sold (most recent available) with the assessor's market value. Dividing the assessor's estimated market value of real estate by .834 and adding personal ;property and mobile home ENV, if any, results in a market v,-lue of taxable property for the City of Orono of $576,438,341. 2)Fach governmental unit in the seven -county metropolitan area contributes 4.0% of its new industrial and commercial valuation to an area pool which is then distributed among the municipalities on the basis of population, special needs, etc. Thus, each governmental unit makes a contribution and receives a distribution, sometimes gaining and sometimes losing gross tax capacity after fiscal disparities adjustments. SQCRCE: Valuations, Larger Taxpayers, Tax Collections, Mill Rates, and Tax Capacity Rates have been Furnished by the Hennepin County Auditor. TREND OF VALUATIONSL CITY OF ORONO Levy rfat 1984 1985 1986 1987 1988 Assessor's Estimated Market Va me $386,457,200 389,490,100 406,800,300 434,736,400 481,329,780 L�BGER TAXPAYEM Assessed V-21uat1Qn1) $101,745,272 100,331,833 102,970,459 106,617,932 N/A Adjusted Taxable Assessed Y_a_1a t�oQ 2 ) $102,076,633 100,777,875 103,551,514 107,414,670 N/A TYP& -9 L - EM291 Y Washington Scientific, Inc. Commercial Individual Residential Individual Residential Wayzata Country Club Commercial Individual Residential Veda, Inc. Industrial Individual Residential Woodhill Country Club Commercial Individual Residential Individual Residential GrossTax Capacity l) N/A N/A N/A $12,781,359 14,232,593 1988/89 Estimated Market Value $1,Y88,1U0 1,852,600 1,750,500 F73,800 1,465,200 919,100 1,369,700 765,600 1,218,900 1,114,600 Adjusted Taxable Gross Tax Capacity 2) N/A N/A N/A $12,9220819 14,351,809 1988/89 Gross Tax _Capacity $65,675 60,112 56,743 49,175 47,328 46,303 44,176 40,194 39,200 39,011 1)Assessed value and gross tax capacity are before fiscal disparities adjustments and include tax increment values. 2)Adjusted taxa'ole assessed value and adjusted taxable gr,,Pio tax capacity are after fiscal disparities adjustments and do not include tax increment values. C 12 __ DIREST_ DEBT GENER':126LIGATI4N_M T (See._ssIle-dulea_f4I wing) Tota:. 3.o. debt being paid from revenue and special assessments $2,300,000 (else Bonds of this offering) Totai g.o. debt being paid from special assessments and taxes -.75 MQ ,T9T.A.L._QM LQUIGAT IQN MI $4,050,000 Less funds on hand for debt redemption as of May 31, 1989 1) _1.171.262 NET GEN1, OBLOATI9ILDUT L.878.738 DEBT-L-111 T The statutory limit on debt of Minnesota municipalities other than school districts or cities of the first class (Minnesota Statutes, Section 475.53, subd. 1) is 2% of the assessor's estimated market value of all taxable property within its boundaries. "Net debt" (Minnesota Statutes, Section 475.51, subd. 4) is the amount remaining after deducting from gross debt: (1) obligations payable wholly or partly from special assessments levied against benefitted property; (2) warrants or orders having no definite or fixed maturity; (3) obligations issued to finance any public revenue producing convenience, i.e. ttje Bonds of this offering; (4) obligations issued to create or maintain a permanent improvement revolving fund; (5) funds held as sinking funds for payment of principal and Interest on debt other than those deductible under 1-4 above; (6) other obligations which are not to be included in computing the net debt of a municipality under the provis-ons of the law authorizing their issuance. The limit on debt of the City of Orono, based on the assessor's estimated market value of taxable property ($481,129,780) is $9,626,596. None of the City of Orono's outstanding debt constitutes debt to be deducted for debt limit purposes. Neither the City nor a% of its overlapping units report pla,.; for additional financing in the next three months. 1)Funds on for debt redemption (available for payment of privy ipal and interest) hove been deducted from total g.o. debt to determine net g.o. C. 13 —_w� SCHEDULE OF BONDED INDEBTEDNESS CITY OF ORONO, MINmzSOTA GENERAL OBLIGATION DEBT BEING PAID FROM REVENUES AND SPECIAL ASSESSMENTS THIS ISSUE* DATED 9/89 ANT 2300000 MAT 2/01 P 0 — PRINCIPAL OUTSTANDING END OF YEAR RATE 6.75 1993/2002 PRINCIPAL YEAR PRIN INT PRINCIPAL. INTEREST P & I P 0 % PAID 90 0 135844 0 135844 135844 2300000 0.00 % 91 0 155250 0 155250 155250 2300000 0.00 % 92 0 155250 0 155250 155250 2300000 0.00 % 93 175000 i49344 175000 149344 324344 2125000 7.61 % 91. 175000 137531 175000 137531 312531 1950000 15.22 % 9a 200000 124875 200000 124875 324875 1750000 23.91 % 96 200000 111375 200000 111375 311375 1550000 32.61 % 97 225000 97031 225000 97031 322031 1325000 42.39 % 98 225000 81844 225000 81844 306844 1100000 52.17 % a 250000 65813 750000 65813 315813 850000 63.04 % 275000 48099 275000 48099 323099 575000 75.00 % 01_ 275000 29531 275000 29531 304531 300000 86.96 % 02 300000 10125 300000 10125 310125 0 100.00 % 2300000 1301912 2300000 1301912 3601912 *INTEREST ON THIS ISSUE WAS ESTIMATED AT 6.75 7 PGM 'COLUMN', COPYRIGHT BY EHLERS & ASSOCIATES, INC. 1983 14 i SCHEDULE OF BONDED INPFBTEDHESS CITY 0► OR0N0. Mihw---..A GENERAL OBLIGATION IM7L0V►gEN1 BUNGS BEING PAID FROM SPECIAL ASSESSMENTS L TAXES REFUNDING IMPROVEMENT IMPROVEMENT IMPROVEMENT DATED 8/76 WHO 12/02 7/65 AMT 2635000 1100000 475000 90LVW MAT 2/01 3/01 3101 1/01 RATE '0/1991 7.90 199U/1990 SAC 1990/1990 6.50 1990/199U RATE 8.00 1991/1992 8.40 1991/1991 6.75 1991/1991 RATE 8.20 1993/1993 8.71 19t211992 7.00 1992/1992 RATd 8.40 19941199P 1993/1993 7.20 1993/1993 RATE 8.60 1995/199: 1994/1994 7.40 1994/1994 RATE 8.75 1996/1996 SO 1995/1995 7.60 1995/1995 RATE 9.75 1996/1996 7.90 1996/1996 RATE 10 00 1997/1099 8.00 1997/1997 RATE 8.10 1998/1998 RATE 8.20 1999/1,^9 RAn 8.25 2000/2061 ------------------------------------------- YEAR PRIM 7•:T PRIM TNT - --------------- PRIM TNT 39 0 11213 0 23136 0 28/63 90 150000 13500 75000 40425 25OOL 0000 55900 91 15 "^0 4500 75000 34463 25000 a 5C000 52588 92 75006 28463 20000 I, 50000 49150 93 75000 22388 15000 WI 60000 45240 94 15000 16163 15000 8082 60000 4OR60 o5 75000 9788 15000 6675 60000 3060 96 7i0011 3281 15000 5231 60000 31140 97 WOO 3750 600M 27000 98 IS000 2250 75000 21563 go 1s000 ?SO 7S000 15450 00 7S000 9281 01 75000 3094 300000 29213 $25000 178109 175()')'1 94013 750000 " 6989 ►RINCIPAL INTEREST U 72083 300000 124813 300000 1041,77 145000 09614 ISD000 17079 150001) 65!05 150000 52823 150000 40252 75000 30750 90000 23813 9000(• 1620U 75000 92R1 15000 30V4 1750000 708384 NCtt: Maturities of the 03'•S.000 larprn..csrnt Bonds of 1970. Series A. dated Aug-ist 1, i970, the S945.0W. lmp:uvenenl Bvt.ds of 1p70, Series B. Anted Au4-16- 1, 1970 and the $1,700,000 G.O. 7aprovslasnt BOad■ of t'74, dated 9/1' " were refunded by the f2,635,000 (..0. Be(undin8 lap-ovmwnt bonds, doted 1111/76 and thetefure have not been i.n:luded in the aoo a 4ebt. PM .JLIRBs', COPYRIGHT BY EHLERJ 4 ASSOCIATES. INC. 1963 15 P L I 1208) 424813 404477 233614 227019 215105 202823 190'S2 P, IU6200 84281 7V.194 2453384 PRINCIPAL P 0 % PAID 1150000 0.00 % 145OD00 17.14 ! I150000 34.29 i 1005n00 42.57 % 855000 51.14 % 705000 59.71 % SSSOOO 68.29 % 405000 76.86 % 3'ouWl 81.14 % 24(*W R6.29 % IS0000 91.43 x 15000 95./1 x 0 IOG.00 % SLY._i !? Qp LNS _ DEBT Tax ill, Disk r i.c t Hennepin County I.S.D. No. 276 I.S.D. No. 277 I.S.D. No. 278 I.S.D. No. 284 ANTI No. 287 Metropolitan Council Metropolitan Transit Commission 1988/89 Adjusted City's Taxable Gross % Total Proportionate Tax Capacity In City G. - Q.._ _Debt $1,217,545,243 1.18% $29,225,000 1) $ 344,855 46,371,038 0.14% 6,475,000 2) 9,065 20,945,312 22.56% 0 0 18,112,924 47.09% 2,735,000 3) 1,287,912 66,088,296 1.57% 30,669,148 4) 481,506 784,797,312 1.83% 3,300,000 5) 60,390 2,325,812,286 0.62% 53,620,000 6) 332,444 2,137,697,519 0.67% 13,650,000 7) _ 91,455 City share of total overlapping debt $2.601.627 1)Hennepin County has funds or hand for debt redemption in the amount of $7,399,416 resulting in a total net debt of $21,825,584. Hennepin County also has $28,000,000 Solid Waste Bonds outstanding which are payable entirely from user fees and $20,500,000 G.O. ImproNement Bonds outstanding which are payable entirely from special assessments. Since no taxes are being levied for payment of these issues, they have not been included in the City's proportionate share or in the debt ratios. 2)I.S.D. No. 276 (Minnetonka) has funds on hand for debt redemption in the amount of $671,000 resulting in a total net debt of $5,804,000. 3)I.S.D. No. 278 (Orono) has funds on hand for debt redemption in the amount of $5,000 resulting in a total net debt of $2,730,000. 4)I.S.D. No. 284 (Wayzata) has funds on hand for debt redemption in the amount of $1,025,000 resulting in a total net debt of $29,644,148. 5)Hennepin Technical Institute (Intermediate District No. 287) has funds on hand for debt redemption in the amount of $773,723 resulting in a total net debt of $2,526,277. "The Metropolitan Council debt listed above consists of Regional Transit Board, Solid Waste and Park and Open Space Bonds for which it has $22,036,301 funds on hand to pay debt service on the Bonds for a net debt outstanding of $31,583,699. In addition the Council also has $25h,015,QA1 net G. 0. Sanitary Sewer and (Sewer) Refunding Bonds outstanding which are expected to to paid entirely from sewer revenues and $48,350,000 domed stadium revenue bonds which were issued to finance construction of a domed stadium in downtown Minneapolis which are not general obligations of the City or the Metropolitan Council. The G. 0. Sanitary Sewer Bonds and the revenue debt have not been included here or in the debt ratios. 7)The Metropolitan Transit Commission has funds on hand for debt redemption in the amount of $5,910,000 resu'ting in a total -let debt of $7,740,000. I 16 D_F B_ _BAT -9-16 Debt/ Debt/7,379 Market Value Estimated g,Q Debt AI7L.43 LJAL2 Poou_ lation Direct g.o. debt being paid from: Revenues and special assessments �'300OUO 750.000 Special assessments and taxes _ Total g.o. debt $4,050,000 Less funds on hand 1) _1 111.262 $z�878�738 0.50% $390.13 Net g.o. debt City's share of total 0.45% $353.38 overlapping debt 2) $2,607,627 1 )Funds on hand for debt redemption ta(avilabe obligation or payment o to riiiripal net nd interest) have been deducted from general general obligation debt. 2)Based on total net debt (total gross deht less debt redemption funds) of $2,310,534, the debtimarket value becomes 0.40%, and tiie debt/estimated population becomes $313.12. 17 LAX .O.O L L E C T_1 O.N_S Total Collected Collected Tax. -Year. Amount of TA ►y Following Year 19-Date 1) ��Qlle�ted 1984/85 $1,001,056 $ 967,362 $ 999,879 99.88% 1985/86 1,089,634 1,060,686 1,085,849 99.65% 1986/87 1,246,520 1,218,238 1,239,451 99.63% 1987/88 1,293,426 1,259,054 1,272,267 9A.3b% 1988/89 1,382,690 -------------In process of collection------------- , Property taxes are collected in two installments in Minnesota --the first by May 15 and the second by October 15. Mobile home taxes are collectible in full by August 31. Minnesota Statutes requixe that levies (taxes and special assessments) for debt service be at least 105% of the actual debt service requirements to allow for delinquencies. MULAX CAP-ACIT 9-► -" 1998/89 Tax 1984/85 1985/86 1986/87 1987/88 Capacity -B ls- - i-11& _MillfL_ RILL_ --- aL.er:-.-- Hennepin County 29.262 29.698 29.356 31.667 27.101 City of Orono 9.778 10.834 12.068 12.042 9.628 I.S.D. No. 276 (Minnetonka) 55.927 58.674 61.547 63.947 58.062 I.S.U. No. 277 (Westonka) 49.749 57.523 53.561 57.057 47.916 I.S.D. No. 278 (Orono) 53.537 59.509 55.075 59.502 50.006 I.S.D. No. 284 (Wayzata) 46.507 51.348 49.883 57.380 50.564 AVTI No. 287 (Hennepin Tech.) 1.490 1.535 1.421 1.493 1.223 Metropolitan Council 0.523 0.552 0.554 0.598 0.562 Metropolitan Transit Comm. 3.359 3.252 3.350 2.852 2.493 Metropolitan Mosquito 0.600 0.600 0.600 0.600 0.361 Hennepin Parks -- 1.124 1.105 1.088 0.912 l)Coliections are through & r 15, 1989 and include abatements, cancellations, mobile home collections and t--mestead credits. 18 LEVY_ 11M ITS The Bonds of this offering are general obligations of the City of Orono whose furl faith, credit and taxing powers are pledged to their repayment. Taxes levied by cities in Minnesota are limited by Minnesota Statutes, Section 275.56, Section 275.11 and Section 412.251. Cities operating under a tome rule charter may also be limited by the city charter. The City of Orono is a statutory city and is subject to state requirements only. Bonds of this offering are exempt from the QveraU levy limitation described in the following paragraphs but are Sub_JeSt _tit-hP---.gr capita limit described below. O-V&c81L_L-e-Y1-1i ►mi-k Sections 215.50—.56 establish an Qv�r_all levy limitation increase of 4% over taxes levied in 1988/89 for all cities and counties (except taconite towns.) which does not apply to certain "special" levies, including tax levies made to pay bond principal and interest. The City's Qy_e all levy limit as certified by the State has been computed as follows: Total. certified to Hennepin County Auditor $1,382,690 1) Less: Special levies (under Minnesota Statutes, Section 275.50—.56) ___ 3414QQ Net levy subject to levy limitation $1,352,690 1988/89 Levy Limitation NvtV: Cities with less titan 2,500 population are exempt from 1988/89 overall levy limitations. Per,- Cap-:Lt,a—Leyx_idmilatiQn Section 275.11 provides a pgr,__Q$p" levy limitation which applies to taxes levied for j_l1 purposes, including levies to pay bond principal and interest, i.e. the Bonds of this offering. The limitation is adjusted according to increases ih the Consumer Price Index using 1947/49 as the base average. For 1988/89 it is $282.00 per capita times the population according to the last state or federal census or an estimate approved by the State Demographer. Multiplying the current per capita limit of $282.00 by the City's 1980 U.S. Census of 6,845 gives the City of Ororo a per_ SaPit-8 limit of $1,930,290. A County Auditor will not levy amounts greater than that permitted by Section 215.11. If a levy exceeds the limits of Section 215.11 and includes a levy for bonded indebtedness, the County Auditor will reduce other levies prior to reducing levies for bonded indebtedness. if a deficiency in a levy for bonded debt occurs, cities r4ugt-Le-v_.Y—fsX--Ule_def-iciency 024aisle—Vie pet__.capita_� f_cat Qn_ias_11€�exs y-ea_r I)The amount may differ slightly from the amount of levy shown on the preceding page due to tax rate adjustments made by the County Auditor. �._� 19 FVNDS_ QN _b-A Q ( iPJ�'T,TtPTTJ� Th'l1�`;"1T1GNT+. � AS OF MAY 11 , 1'T9) Fund Amoun t General $2,474,148 Park 121,860 Improvement b equipment outlay 256,828 Building capital outlay 145,852 Municipal state -aid construction 3,519 Permanent improvement revolving 372,019 Special assessment 1976 478,312 Special assessment "SO 397,112 Special assessment 1982 143,681 Special assessment 1985 152,157 Water operating 68,579 Sewer operating 557,286 Golf course operating _ _(22J L4) Total funds on hand L,�49,080 Q11Y QQVEFL"AEWT The City of Orono was organized as a municipality in 1955 and comprises approximately 15,700 acres. The City operates under a statutory form of government consisting of a five -member City Council of which the Mayor is a voting member. The City Manager and Finance Director are responsible for adminiFtrative details and f_nancial records. WFLQYEE$_:__ZENS 1 C'N5 The City has 36 full-time and 13 part-time employees including 16 police officers. Twenty-five employees are enrolled in the PERA coordinated plan (Public Employees Retirement Association pension )lan administered by the State of Minnesota in conjunction with Social Security). The Basic Plan requires an employee contribution of 8.23% of annual earnings and an employer contribution of 10.73%. The Coordinated Plan, in conjunction with Social Security, requires a 4.23% employee contribution and a 4.48% employer contribution. The City's contribution to PERA during the last three years has been as follows: 1986 - $87,120 1987 - $90,209 1988 - $91.968 20 / ENTERPR�$E FUNDS (AFTER DEPRECIATION AND INTEREST) MUNICIPAL- LIQUOR STORa 11,e City of Orono's Municipal Liquor Store had the following earnings as of December 31 each year: 1986 1987 Gross receipts $479,635 $184,241 1) Net income 10,275 37,884 DATER SYSTEM Cash flow for the City's water system has been as follows as of December 31 each year: im 1987 1988 Gross receipts $136,032 $148,767 $185,832 Net income 10,166 28,030 45,661 SEWAGE DISPOGAL SIUM Cash flow of the sewage disposal follows: system as of December 31 etch year has been as Gross receipts $347,536 $382,352 $402,337 Net income GOLF COURSE - 69,611 88,788 124,800 Cash flow of the municipal follows: golf course as of December 31 each year 'ias been as 1986 M1 1988 Gross receipts $14,251 $14,168 $13,430 Net income (4,485) 4,158 (14,837) 2) "This operation was discontinued as of May 31, 1987, and was sold to a private party. 2)Includes $11,613 for expenditures for significant periodic maintenance and repair. .. 21 f Q—A T A NEVIATION T& : CITY OF ORONO 197C U.S. Census 6,787 1980 U.S. Census 6,845 1989 Est. Population 7,379 *The 1999 estimated population figure was furnished by the Metropolitan Council. f Hennepin State of Count MinntfiD 8 Per capita income $ 9,403 $ 7,451 Mean family income $28,998 $23,939 Median family income $25,133 $21,185 % below poverty level 6.9% 7.0% Median school years 12.9 12.6 Median age 30.0 29.3 Median gross rent $254 $236 S_gQr_gg: This information was extracted from the Q-engus--Qf_Popylation and Housing. V N EM_P L OT MLf1 1 T_ R_Aj—E5 Hennepin State of &Qunty_ Minnesota Annual Averages: 1985 4.5% 6.0% 1986 3.9% 5.3% 1987 4.1% 5.4% 1988 3.2% 4.0% Monthly Average, July 1989 3.6% 4.0% Note: Rates are not compiled for individual communities within counties. $Qurce: Minnesota Department of Economic Security. 22 GENERAL INFORMATION _WfAlim The City of Orono, encompassing about 15,700 acres (consisting of 7,900 acres of land, 3,600 acres of water, and 4,200 acres of marshland) and an estimated oopalation of 7,379, is located on the northern shore of Lake Minnetonka, approximately 15 miles west of Minneapolis on U.S. Highway No. 12. FAI &V 1 �'r ► M The G;c�, of Orono is primarily a residential community with a complement of commercial and industrial activity, including a variety of retail ayd service businea:Ps. The City's growth is regulated by the City Council, the Planning Commission and professional community planners. Building sites in most areas are restricted to a minimRun of two acres and new construction values are generally well above average. Some of the highest valued homes in the Twin Cities metropolitan area are located in Orono (See Larger Taxpayers, page 12). Most construction in Orono is limited to developments of five to twenty acres. LARRQER EMPLOYERS Larger employers in the City of Orono include the following: No. of Firm �yR�_Qf__.�St�iA�66LP�2d�Ct Emy1Qyee15 ) Washington Scientific Industries Manufacture precision machined parts 360 Wayzata Coventry Club Private country club 210 I.S.D. No. 278 (Orono) Elementary b secondary education 200 Van Dale, Inc. Manufacture livestock feeding systems 181 Woodhill Country Club Private country club 114 City of Orono Municipal government 49 Rick's Super Valu Retail grocery store 45 First National Bank of the Lakes Full service banking 19 I)Includes full-time, part-time and seasonal. 23 Officials in the City of Orcnc ~•port constructibn activity as follows: 19-8I 19H 128Z 1988 1989 1) Single Family: Number 314 343 343 330 147 Valuation $15,583,160 $14,065.465 $19,824,845 $15,836,267 $8,437,128 Commercial: Number 8 11 28 23 14 Valuation $ 243,595 $ _80,050 " 555.700 S 3,920,020 3 114,200 Total $15.826.755 114,145,515 922,380,545 $19,756,357 18'5�28 !4JQ119, l��7. I.S.D. No. 278 (Orono) operates two elementary schools, a middle school and a high school in the City of Orono serving 2,100 students in grades K through 12. The District employs 200 people, 140 of whom are certified personnel. Teachers' contracts in the District are currently being negotiated. Portions of the City are served by I.S.D. No. 276 (Minnetonka), I.S.D. No. 277 (Westonka) and I.S.D. No. 2'4 (Wayzata). Vocational training schools, colleges and the University of Minnesota in the Twin I Cities metropolitan area provide post -secondary educational facilities within ' commuting distance. The Freshwater Foundation, with ten employees, is a department of the College of Biological Sciences of the University of Minnesota and was donated to the University in 1976. The Freshwater Society is an international membership organization which supports freshwater research and public education programs regionally and nationally. I)As of June 30, 1989. M Thf Mal are lip Wa ha Co He ps wi REURFATIVN Tho City of Orono'.,; Inva time on bake Minnetonka and the surruunding wooded areas make recreation significant to the City's economy. Orono contains 33% of the total area of lake Minnetonl• , including about 40% of the total lake shoreline and ten licensed marinas. Wayzata and Woodhill r-,:.ntry Clubs, both private clubs, are located in the City and have 18-hole golf courses. Lakeview Golf Course and the Orono Municipal Golf Course are also located in the City. Hennepin County Park Reserve facilities in and adjacent to Orono include Baker Park, Neurenberg Park and Big Island Park. There is also considerable open space within Orono's boundaries. MAN-SER ICES Financial services are provided by the First National Bank of the Lakes. Deposits, as of December 31 each year, have been as follows: 1984 $16,780,180 1985 $18,435,290 1986 $24,230,803 1987 $25,216,000 1988 $25,619,000 Source: Northwestern Financial Review (formerly Commercial West Bank Directories). 25 C.E4E.-G-CERTIF C&TEE Upon delivery of the Bonds, the purchase following items: (1) a certificate of t that at the time of the sale of the Bo and including the time of the delivery not and does not contain any untrue stat material fact necessary to make the circumstances under which they were mad the City Finance Director evidencing evidencing the due execution of the lit'gation of any nature is pending, o: restraining or enjoining the issuance e corporate existence or boundaries of the to their respective offices is being con for the issuance of the Bonds have been certificate setting forth facts and ext the City does not expect to use the prc cause them to be arbitrage bonds within Internal Revenue Code of 1986, or wi Regulations. i144M CD:dl r (underwriters) will be furnished with the lie appropriate city official to the effect 'ids and all times subsequent thereto up to of the Bonds, this Official Statement did ement of a material fact or omit to state a statements therein, in the ligt,t of the not misleading; (2) a receipt signed by )ayment for tFe Bonds; (3) a certificate Bonds, including statements that (a) no to the knowledge of signers, threatened, nd delivery of the Bonds, (b) neither the City of Orono nor the title of the signers tested, and (c) no authority or proceedings repealed, revoked or rescinded; and (4) a ectations of the City which indicate that ceeds of the Bonds in a manner that would the meaning of Sections 103 and 148 of the thin the meaning of applicable Treasury EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS 26 BOND YEARS CITY OF ORONO, MINNESOTA $2,300,000 G.O. WATER AND SEWER REVENUE BONDS, SERIES 1989 DATE OF BONDS 9/16/1989 FIRST INTEREST 8/01/1990 FIRST MATURITY 2/01/1993 CUMULATIVE YEA$ Mi fi-M $QND YEARS BOND YEARS 1993 175,000 590.6250 590.6250 1994 175,000 765.6250 1,356.2500 1995 200,000 1,075.0000 2,431.2500 1996 200,000 1,275.0000 3,706.2500 1997 225,000 1,659.3750 5,365.6250 1998 225,000 1,884.3750 7,250.0000 1999 250,000 2,343.7500 9,593.7500 2000 275,000 2,853.1250 12,446.8750 2001 275,000 3,128.1250 15,575.0000 2002 300,000 3,712.5000 19,287.5000 TOTALS 2,300,000 1.9,287.5000 AVERAGE MATURITY 27 8.3858695 APPENDIX A &MUNI IWQ-YRNW-USLEB Balance Sheets for the years 1987 and 1988 and R-venues and Expenditures for the years ending December 31, 1986, 1987 and 1988 reproduced on the following pages have been extracted from audit reports of the City of Orono prepared by a Certified Public Accountant. Notes (included here for 1988) are an integral part of the audits and any judgment of the financial statement should be `•-Ased on the statement as a whole. Copies of the audits and the 1989 budget are available upon request from Ehlers and Associates, Inc. A-1 A<.l t- ANI, OTN{R Mill T/ As"t.I 4eN ad InKatleants Recelra►le. - At—eet. Aerrwd late'reet De11rYr►nt 14v. Ml.r.9wnt •�.rcl+1 uwe.r nt. Mrr rod .prcl.l ... ••a.e nt. Conrratt Io1 J-1 '.,• fr,am Ur Mr fund. Au rancr• t.. ntnrr fund. tore fr„am ether a... name nt.1 ..it. Inrent..t... rr•pu.. •eMn. n. 0.1.frrJ .r.re-• l/t Mr .•art♦ Du• frog arlrn rd ,ep•nutlnn p I.n .del n/•1 r.r.,ra hopertf, pi+"•, anA •aulpw nt, aet of .rcurt at ed d. ram ramfalm MMr Mn1t• Aer,,,nt Arall.hlr In - M6t f,@rrlce Fund. G ream r.1 ►oared Anount t., h• pr.,rl J•J 1„r de,M .ram.L• Total A4+014 and Othef Mette cl" Of ORONO COM{1r120 IIALAWE /N{tT ALL FUND TTFCS AND Aff'KW GRt1L•►3 A..1 1`11w6ar 11. MR (with coeparallrr TU, eta .. of D e"beer 1 , 49/1) rnrtlaary FIJur1.ry Total. 1..._ _t nfnrntal ►ul..l Tamp''• mound TfM. ►unef Type Account LrmM (IM wraVun 11Y ♦clay Mot r+ptul Lnnt-Tern Cenerel _Garr Mvme f►rrt r•_ re..p.t• Fnr.eprlw _Airmt 0.ht rl a.d A.a�gta _ 1964 _ _I•.7--- 12,961,661, S 524.792 51,617.170 1111,6p1 s 5S6.01 s . s - s - { 5,61t,9t/ S 5, 11 n,lAS .,Ia-, - - - 191.AN - - - 2D6.N1 1.1,u/1 117.069 In.6M1 6s,s21 IU,A Ia 15, 171 - - 777,)9S 11 J, IIA 5l,6Aa 1.174 Is,nitf 674,211 _ - •).,tll /11,6ae µU, 106 - 57,619 - 9,T)t - - - 2U2.71I II I, SAI 21,s.1 - J.U1S - ♦IA.RN - - - A•a, 17s 51a,/N 36.915 16I,O1S 7,: 11 1.011 210,991, .11.447 - - 1,.99, 515 - I,AN.)IS 1,'.M.NI• ) 321,SY5 t st-lgg ism .�M }�63_� 114/R L-21 160 hL1_t0y119 s1y310.92� II 1.Y.o72 ,1 ,7,y._16_�S� rr.prl.t.ty ►Idee. oa11 T.tal• ►�,nd Tfl'+• _ �ccm_ nt Crw.. __ (Mr!nr.N•r 0+': i___. s?•roal P.M /.?Goal L.aA-Tram• GMral ryna, I R••r.uw 6rr•1.. rf..j.�t. tntnpr Lr _ A(n�_ Dr►� /IW 4wt6 _ le6/� _ IVA! LIA6llltl,.• tVltty, A/r oms CRFDITS Ll JilltLu Ad, ac Ifr n1hrr lured. Acmnl. .M . .ntr ream. p.,.hlr sh.511 4.1a6 911 Rrwranr. par•61r _ _ 4 byte pwablr 2I,6N - W to of ver furea. )b913 - - p.e to al Mf RUr rn�noal unit. ise519 - - Mbrtd raep•n.at fare pyanl• to ..ple9ea - Ml.rnd rrdn• - - Ml.rr.d rrrr n.,r 109.614 l.on{-urr dAt Teter u.Auut.. '—M TVi i,1" 1911ttf And ot6.r Cndlta (Mflclt)1 ter $to, In pa.rQ Il.ed ...1. - - - tnntrlherd •vuttr - - 6tatnN rat" fader _ - - F.nd Sol—* lMf lr't) - t'nr.e.rKd - Mcllnatrd Inc .e.rp nn .at lnpn. lam.- Mste'.104 t.a .apltal pfnt•ct• - - - MNdnatd fur debt srrlrr of noted for racatlnl/.e.raw• It.httltr 9Se119 - - v0deal{.ated T. t�l {dultT and Ut:rf Cte11t• IMflrlt) Total L1.6111Ue, [gene, ,ad "that Crdlt. so. Mole to H—.114l stot~.t.. $111,141 s S I s - 1 - { t-1.1.1 5 W.NJ - •,here. - 9, S1N1 It,lnS 121,AGI a1,9t1 - - 2t17,fly 04.131 9.129 - - 7.,M. :felt. 21/.%U 461.661 149.101 - - - 1e9.N 194 I56,t/,721 /99,91. 1I% 2.1�0..111 �.t.AI�IU.t,119 2 a7) as 22-1111.4.0 7.l iO.l i� - 7,/77,MJ ♦. NA,: - 1.)IOe976 1.310.124 1.2J9.sll • S.n11.IN - - - s.61t.19/ •.. PA. "I. - I,In1.{1f - 1, In2.{77 ra 7,2s1 _ _ - )JS,tf9 to leer•( 1, 519 _ - - 1.6N,s15 1.'A6,N2 95.119 {{.sas i)�f-) e�- faiiii3 � 1�2+. I I.►i� �—il�i►iT� I6 4 �6�9t_�,9T.1 L-2149- {t,JtU, 119 He)10,9N 11,1.9.01! ..If 11ief S/Y w CITY OF ORONO COMBINED STATEMENT OF REVENUE, EXPENDITHRE S, AND CHANGES IN FUND BALANCE - ALL GOVERNMENTAL FUND TYPES Year Ended December 31, 1988 (With Comparative Totals for Year Ended December 31, 1987) Revenue: Property taxes Special assessments Licenses and permits Intergovernmental revenue Charges for services Fines Other revenue - interest earned on investments Sale or rent of property Miscellaneous Total Revenue Expenditures: Current - General government Public safety Streets Parks and recreation Miscellaneous Capital projects Debt service Total Expenditures Excess (Deficiency) of Revenue Over Expenditures other Financing Sources (Uses): Operating transfers in Operating transfers (out) Total Other Financing Sources (Uses) EXCESS (DFRICIENCY) OF REVENUE AND OTHER FINANCING SOURCES OVER EXPEN- DITURES AND OTHER FINANCING USES Fund balance - beginning of year Residual equity transfers in (out) Fund Balance (Deficit) - End of Year Special Debt General Revenue Service $1,139,509 $ - $ 30,902 671 - 299,611 124,334 - - 444,828 4,734 39,757 643,151 - - 140,657 - - 219,444 36,807 102,265 12,157 - - 26,481 8,627 184 2,751,232 50,168 472,719 589,137 38,765 - 1,270,788 3,040 - 344,407 21,938 - 44,585 16,997 - 62,426 10,024 - - - 534,876 2,311,�43 90,764 534,816 439,889 (40,596) (62,157) 66,250 - (178,079) - - (178,079) 661250 S 261,010 $ 25,654 S (62,157) 3,003,649 513.622 1,568.982 - - (7,310) $3,265,458 $53g,276 $1,499,515 Totals Capital (Memorandum Only) Projects 1988 1987 $ 2,384 $1,172,795 $1,106,613 31,881 332,163 378,567 - 124,334 136.420 2,113 491,432 537,193 - 643,151 594,424 - 140,657 102.058 11,871 370,387 330,093 - 12,157 23,208 4,432 39,724 20,066 52.681 3.326,800 3,228,642 - 627,902 542,670 - 1.273,828 1,229.898 - 366,345 386,718 - 61,582 104,584 - 72,450 68,909 411,140 411.140 64,126 - 534,876 682,1'84 411,140 3,348,123 3,079,089 (358,459) (21,323) 149,553 111,829 178.079 171.075 - _(178,079) (171,075) I11, 229 - S (246,610) $ (21.323) $ 149,553 161.482 5,247.734 4,944,277 7,310 - 153,904 'g (77,838) $5,226,411_ 55,241,734 See Notes to financial Statements. r CITY OF 01111NO NOTES TO FINANCIAL. STAT1.4ENT': December It, lu!'P Note 1. SUMMARY Or SIGNIFICANT ACCOUNTING POLICIES A. Organization The City uper.ttes under "Oplinnal I'Ltn A" Iutm ,it governeent a•. defined in the State of Minnesota Statutes. The City Council, cum - posed of an elected mayor and four elected trustees or counclleember%. exercises legislative authority and determines all matters of policy. The Ilnanclal statements and the accounting pulls I.•s of the Ci I. con - lore to generally acceptrd at-,ounting principle% .ts applicable to governmental units. B. Resort (nQ Ent ill For financial reporting purposes the City's tInanctaI statementa include all funds, account groups, departments, commissions, and other organizations over which City officials exercife oversight respon- slbIifty. There are no other organizations that when considered would ' be included in the financial statements. Oversight responsibility includes such aspect. as appointment of governing body members, budget approval, approval of property ta• levies, outstanding debt secured by the City's full faith and credit or revenue, and responsibility fur funding deficits. C. Basis of Statement Presentation The accounts of the City are organized tin the balls of funds and account groups, each of which is considered a srp.tr.tte a(cuunting entity. The City maintains the following funds, grnup.•d by fund type 1 and account group: 1) Governmental Fund Types - ? a) General Fund - The General Fund Is the general operating fund of the City. It is used to account for all flnsnclal resources except those required to be accounted for in another fund. b) Special Revenue Funds - The Special Revenue Funds are used to account fur the proceeds of sprctfic revenue sources (tither than expendable trusts or major capital projects) that are legally restricted to expenditures for specified purpose%. c) Debt Service Funds - The Debt Service Funds are used to account for the accumulation of resources for, and the paym.-nt of, general long-term d.•ht principal, interest, and related costs. CIIY OF ORONO NOTES TO FINA%CIAL STATEMENTS (Continued) December 31, 1988 Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) d) Capital Project Funds - The Capital Project Funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by Proprietary Funds). 2) Proprietary Fund Type - a) Enterprise Funds - The Enterprise Funds are used to account for operations that are financed and operated in a manner similar to private business enterprises -- where the intent of the governing bodf is that the cnars of pro- viding goods or services to the general public om a con- tinuing basis be financed or recovered primarily through user charges. )) Fiduciary Fund Type - a) Agency Funds - The Agency Funds are used to account for assets held by the City in the capacity of. trustee or agent. Agetcy Funds are custodial In nature (assets equal ?$abilities) and do not Involve measurement of results c. operations. 4) Account Groups - a) General Fixed Assets - This account group contains the fixed assets acquired principally for general purposes and •acludes fixed assets of the Proprietary Funds. b) General Long -Term Debt - This account group contains the long-term obligations of the City other than those liab'1- Itles included in the Proprietary Funds. D. Basis of Accounting 1) Modified Accrual - The Governmental Fund Types and Agency Fund+ are accounted for using the modified accrual basis of accounting. Generally, only current assets and current liabilities are included in these funds. Governmental funds use the "financial flow" measurement focus. Consequently, their revenue is recognized when It becomes measurable and avatIable as net current assets. Available means collectible within theecurrent period or soon enough thereafter to be used to pay liabilities of the current period. Mote I CITY OF ORONO NOTES To FINANCIAL STATEMENTS (Continued) December 11, 1988 SUWARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Major revenue that is susceptible to accrual includes property taxes, special assessments, intergovernmental reveeue, charl;ps for services, and interest earned on Investments. Major revenue that Is not susceptible to accrual includes license% and permits, tees, and miscellaneous revenue. Such revenue is recorded only when received because it is not measurable until collected. Expenditures are recognized under the WJi fled accrual htsls of accounting when the related fund liability Is Incurred, except for principal •n� interest on general long-term debt which is recognized when due. 2) Accrual - The Proprietary Funds are accounted for using the "capital maintenance" measurement focus and the accrual basis of accounting. Their revenue is recognized when it is earned and expenses are recognized when they are incurred. Budgets Budgets are adopted on a bass- consistent with generally arcepted accounting principles. Annual appropriated budgets are adopted for the General and Special Revenue Funds. All annual appropriation., lapse at year-end; however, the City Council may approve carryover of specific amounts. The City does not use encumbrance accounting. .. Cash and Investments Cash balances trom all funds are combined au•. invested to the extent available in short-term investments. investments are stated at the lower of aggregate cost or market value. Earnings Can Investments are allocated to the individual funds based upon the average of m,•^t1,1y beginning Cash and Investment balance,. Assets of the deterred 0M- penesti3n plans are reported in an Agency Fund at market value. G. Property Taxes Property tax levies are met by the City Council in October :,f each year, and are certified to Hennepin County for ry 11- tinn in the following year. In Minnesota, counties act as roll.•rtion agents 1­ CITY Note 1. SIAIIAgT OF SICNI►ICANT ACCOUNTINC POLICIES (continued) The County spreads all levies over taxable property. Such taxes become A lien on January I and are recorded as receivables by the City on that date. Revenue is accrual sod recognised in the year collect- ible. Taxes which remain unpaid at December 31 are classified as delinquent taxes receivable. Revenue from property taxes which is not collected within 60 days of year-end Is deferred since it to not available to Beet obligations of the current year. Real property telex may be paid by taxpayers in two equal installments May IS and October 15. 0. Fe Personal property taxes may be paid cn February 28 and June 70. The County provides tax settlements to cities and other taxing districts four times a year, in February, April, June, and November. Cities in Minnesota operate under a levy limltstion law which allows for an increase In the tam levy each year equal to the Implicit Price Deflator Increase or 7S, whichever Is greater, further Indexed by the I.ercentage llcrease in households or populatlor, whichever is greater. Levies for bonded Indebtedness are not limited by this tau. I,. Special Assessstnts Special assessments represent the financing for Public Improvements paid for by benefltting property owners. These assessments are recorded as receivables upon certification to the County. The corresponding revenue from the delinquent (unremitted) and deferred (certified but not yet levied) special assAsamen.a receivable is deterred smell the rear In which it becomes available (collected within 60 days of year-end). I. Inventories Inventories are stated at the lower of cost or market on the first -in. first -out basis. Property, Plant and Equipment Flied asset, rce stated at coat, estimated historical cost, or In the case o[ cuntrlbuttons, at fair market value at the time received. Infrastruc ore fixed Assets -- roads, bridges, curbs and gutters, streete and siuewslks, drainage systems. assets lighting system,, and •!collar -- are not Included in the Clty's accounting records. 1) Ceneral Fixed Assets Account Group - General fixed assets are not depreciated. The costs of property, plant, and equipment are accounted fax as current esisendit-mts of the Governmental fund Types In the year purchased. e CITY OF ONONU CITY OF ORONO NOTES TO FINANCIAL STATEMENTS (Continued) Decembar 31. 1988 Mote 1. SUMIARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) 2) Proprietary Fund Types - Fixed assets of the I'roprletary Funds are depreciated using the straight-line method over the estl- sated useful lives of assets, as follows: Buildings 25-50 Years Distribution/Collection System 10-75 Years Equipment 3-.'0 Years Depreciation on contributed assets charged to operations 1s closed to contributed capital. K. Vacation and Severance Benefits Payable (Cnnrensated Absence& The liability for vested vacation and severance bereflts in recorded in the General Long -Term Debt Account Group and in the Enterprise Funds, as appropriate. The current portlon of the liability not applicable to Erterprise Funds is recorded in the General Fund. L. Memorandum Only Columns Because the accounting system is orgai.ired and operated on a fund basis, the columns on the combined financial statements captioned, "Totals (M.aurandum Only)" are presented for Informational purposes only. They do not fairly ;resent financial ponitlon or results of operations for the City as n wh,.le and are not Intended to represent consolidated information. M. Comparative Data Comparative total data for the prior year ha% been presented in the accompanying financial statements in order to provide an understanding of changes In the City'n financial p(.sltion and open%:Inns. However, comparative data has not been presented In all statements because its Inclusion would make certain statements undoly cump.ex and dif- ficult to understand. Note 2. BUDGETS AND BUDGETARY ACCOUNT111G The City follows these procedures in es;ebllshing the budgetary data reflected in the financial statements: 1) The City Administrator submits to the Clt% Council a prnnosed operating budget for the fiscal year crane n, ing on January I of the following year. The operating tvidgvt Includes prop,sed expenditures and the means of financing them. 1) At least one special Council meeting Is eond-ted to obtain r-.olic comments. NOTES TO FINANCIAL STATEMENTS (Continued) December 31. 19H Note 2. BUDGETS AND BUDGETARY ACCOUNTING 'continued) 3) The budget Is adopted by the City Council. Neither Minnesota Statutes nor City Code establish a legal level of control for the budgets presented. The City Code requires the City Administrator to make such recos;endations for budget revi- ■lons as may from time to time be determined to be desirable and necessary. 4) Fermal budgetary Integration is employed as a management control device during the year for the General Fund and Special Revenue Funds (excluding the Community Development Special Revenue Fund). Budgetary control for Debt Service Funds is achieved through general obligation bond provisions. Budgetary control for Capital Project Funds is accomplished through the use of project controls. 5) Budgets for the General Fund and Special Revenue Funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). Budgeted amounts presented are a originally adopted, or as amended by the City Council. Individual amendments were not material in relation to the original appropriations which were amended. Budgeted expen- diture appropriations lapse at year-end; however, the City Council may approve carryover of specific amounts. Purchase commitments outstanding at year-erd were not significant. Because the City did not budget for all Special Revenue Funds, the "Actual" .olumn of the Combined Statement of Revenue and Expenditures - Budget and Actual. General and Special Revenue Funds" excludes amounts relating to unbudgeted funds. A reconciliation of actual results for budgeted and unbudgeted Special Revenue Funds follows: Other Financing fund Balance Sources December 31. Revenue Expenditures (Lsf1L 1988 Special Revenue Funds: Budgeted funds 545,434 $ 66,030 $66.250 $539,276 Unhudgeted Fund - Community Development 4,734 4,734 5$0,168 1_901764 3c666250 5539,276 CITY OF ORONO CITY OF ORONO NOTES To FICANCIAL STATEMENTS (Continued) December 31, 1989 Note J. CASH AND INVESTMENTS Cash balances of all City funds are combined (pooled) and Invented t�i the extent available In Federal Government Securities and varlous other Investments authorized by Minnesota State Statutes. Each fund's portion, of this pool is shown on the financial statements as "cash and Investments." Earnings froo such investments are allocated to the individual funds on the basis of the applicable cash balances available by each of the funds ouring the year, and in accordance with State Statutes. For the purposes of identifying the risk of Investing public funds, the balances are categorized as follows: A. Deposits Deposits consist of checking accounts, savings accounts, and cer- tificates of deposit held In a bank or savings Institution. At year-end, the carrying amount of the City's deposits was $98.589, while the balance on the bank records was $136,214. As of VDecember 31, 1988, all deposits of the City were insured or collateralized by securities held by the City or by its agent in the City's name. B. Investments Minnesota State Sritules authorize the City to Invest In obligation, of the U.S. Treasury, agencies, and instrumentalities, shares of Investment companies whose only investments are In the aforementioned securities, obligations of the State of Minnesota or its municipall- tles, bankers' acceptances, future contracts, repurchase and reverse repurchase agreements, and commercial paper of the highest quality with a maturity of no longer than 270 days. Any material purchase discounts or premiums are amortized over the term of the investment. Interest earnings are accrued at the balance sheet date and recognl-red as revenue when earned. The City's Investments are categorized n tie follov'ng page to give an Indication of the level of risk assumed at year-end. Category I Includes Investments that are Insured or registered or f..r which the securities are held by the ('fly or Its agent In the t'Itv's nave. Category 2 Includes uninsured and unregistered Investments for which the securities are held by the counterparty's trust department or agent In the Cltv's name. Cat egnry 3 Includes .,nln+cared and ur.teglstereJ in.,.toents for vhirh the securitie♦ are Imo id by tits• cotnterparty or by Its trust department or agent but not In the Cit v'a name. NOTES TO FINANCIAL STATEMENTS (Continued) December 31, 1988 Note J. CASH AND INVESTMENTS (continued) Ctedlt Risk Cotefory Carrying Market 1 2 3 Value Value wed Certificates Of Deposit S E10,OOD S - S - S SOU.00D $ 7".MO U.S, m4"Vmm* Securities 2,951.373 - - 2.951.373 3,068,727 camirew Taper 1,762,651 - 1,762,651 1,776,297 SSS, 14,Q24 L_7_ t_ILL4,W4 pj623,024 Amests held by Deferred Captor eatim rim Administrators 2$ 18 960 S 211,9M C. Cash on Hand Cash in the possession of the City, consisting of petty cash and change funds, totaled $310 at year-end. Note 4. PROPERTY, PLANT, AND "WPHINT A. Changes In Cenersl fixed Assets Balance Balance Beginning End of Year Additions Deletions of Year Land and land improvements $ 415.651 $ 16.997 S - 3 432.646 Buildings and bulldiog improvements 145,958 - - 145.956 Equipment 667,902 97,187 31,771 7!2.318 Sf.229,511 11} 4,164 S 32,771 $1.310,924 MR e CITY OF ORONO NOTES TO FINANCIAL STATEMENTS (Continued) December 31, 1088 Note 4. PROPERTY, PLANT, AND EQUIPMENT (continued) rot. S B. ProprletsE Fund TYpe property Plant, and Equf�sent Golf Water Sever Courge Operating Operatin& Operating Total Land and land Improvements Buildings and building improvements Equipment Distribution/collection system Less accumulated depreciation S 25.132 $ - S 127.977 $ 153.109 77.694 31.014 40.778 149,486 34.923 47.075 59,109 141.107 1.559,24tl �6 OIB 020 7 1.696,997 6,D96,109 217.864 8,.,020,970 571.840 1/667,354 _ 29,427 2i268,621 51,125,157 £41428.755 S 198,437 S5,75' 319 Note 5. LONG-TERM DEBT A. Cnmpunents of General Long -Ter■ Debt Original Interest isatr Foul lytur(ty BaLuice W of Cenral 1�7en Debt: lane Rate - Otte Otte Yerr General Obligation Bads - G.O. Reftain% Buds of 1976 Impro-t rnt Ronda $1,635,000 "O_ 6.ODT 8-0:-76 2-01-91 S 450,000 of 198u 'Ap—mtnt Buds $1,100,ODD 7.10- 8.752 12-01-80 }O1-% 60D,000 of 198: ion rt"min c Bands S 475.000 6.50-lo.flit L2-01-82 }�1_% 225,u00 Of 1985 5 90OADO 5.50- 8.25z 7-01-85 1-01-01 750,o0D Vacation and sewermr banrfits payable N/A N.1A N!A N/A _ 95,119 Total All Gwwral UvW-Tern Debt $2,120,119 CITY OF ORONO NOTES TO FINANCIAL STATEMENTS (Coniln—if) December 31, 1983 LONG-TERM DEBT (continued) B. Statement of Changes !n Long -Term Debt Long-term debt - beginning of year Debt retired $2,473.545 Net change in vacation and severance (360,000) benefits payable 6.57a Long -Term Debt - End of Year 52,120,119 C. Mlnlmum Debt Payments Minimum Annual Principal and Interest Payments Required to Retire Long -Term Debt, Excluding Vacation and Severance Benefits Payable: General Year Ending Long -Term December 31, Debt 19R9 $ 469,163 199u 423,18H 1991 401,707 1991 1993 224.918 1994-200o _ 1.0142775 $2,776,69 D. Descriptions and Restrictions of LonR-Term Debt General Obligation goods - These bonds were Issued to finance various improvements and will be repaid from tests and special assessments, All are backed by the full faith and credit of the City. Refunding Bonds of 1976 - These bonds were Issued to refund the I%Provtment Bonds of 1970A. 19709, and 1974. None of these refunded Issues were outstanding as of De,ember 31. 1988. Vacation and Severance Benefits Payable - This liability represents vested benefits earned by employees other Proprietary Fund [Awn vets through the end of the yenr, whirl, will be paid or •n future periods. The lied Ila for Proprietary Fund c-; ie.. tt Included in the accrued /ablll- tles of those funds. CITY OF OkuNO NOTES TO FINANCIA1 STATEMENTS (Contlnua•A) December 31. 19ntl CITY OF ORUNO NOTES TO FINANCIAL STATEME4TS (Continued) December 31. 1988 Note S. LONC-TERN DEBT (cunt,uu''d) Not'. 6. DEFERRED REVENUE AND CREDITS (continued) E. 1'ltimate Respnnsiblllty for Debt Composition of the deterred balance is as follows: All long-term debt is backed by the full faith and cred[ of the City. Remaining NNCC Deferred F. Resources to Meet Future Debt Requirements Facility Acquisition Year Credits ' Amounts Available for Long -Term Debt - Accilablr Lund balance Treatment Yorks 1971 $ 4.71U drslAnated for repayment (it lung -term debt in, loth-.. 196J Interceptor 1977 1,4.174 196S Interceptor 1977 IU,JU7 General Fund u5,119 S -- Debt Service Funds—11a49_1_515 Total Deterred l6� 99391 31.59�,63a B. Contract for Dead ' Amount to be Provided in the General Long -Term Debt Account The City sold a section of l.nd to a hew norrb' assoclatlnn on a Group - This represents future funding of severance and vaca- Contract for Deed In February 1964. The sjlea price of SIOO.UW will a tlon benefits, and future taxes and special assessment taller- be received in equal quarterly payments over a 15-year period, without 1 tL•ns designated for repayment of bonds. Interest. The remaining 557,156 balance on the Contract for Deed at v0 December 31, 19E". Is shown as deferred revenue in the General Fund Mote 6. DEFERRED REVENUE AND CREDITS until collected an. available to finance current operations. C. Special Assessments A. Sever Operating Enta•rprlse FunJ_ Deferred Credits_ _1985 The City adopted a special assessment roll in 1985 •vhlA Included This amount represents the credits resulting from the transt•r of the $46,175 relating to Improvements on City-ovned property. The General City's never treatment facilities to the Metropolitan Yast Control Fund will pay these assessments over 15 years in annual installments Commission (MCC). The remaining balances due from M47C total with 9.25 Interest. The assessment principal has been recorded as due $415.222 for the facilities And $3,617 for rererve .apaclt. charges to/from other funds. The related revenue and charges have been and are included in Due From Other Governmental Unit, as of deferred in the 1995 Improvement Debt Service and the General Funds, December 31. 1988. The total price for each portion o[ the facilities respectively. will tb received over 30 years with interest at :2 per ann.s by credits against the annual sewage handling charges ut 1VCC. M4UC r— included the cost of these facilities In its rate base, thaw "pevment" 9„te 7. INDIVIDUAL FUND DISCLOSURES of credits 1s dependent upon !MCC•■ setting future usrt fees at a level sufficient to cover all such credits from participating munlct- A. Interfund Advances palitles. Therefore, the revenue has been deferred until such user --- tees are paid or accrued. Advances Advances To - Frna General Fund $113.541 S - Permanent Improvement Revolving fund 113,541 $113,541, SII3i541 c cm of ogoNo CITY (IF oRwU NOTE$ TO FINANCIAL STATEMENTS (Contltiued) NOTES To FINANCIAL STATEMENTS (Contin,ed) December 31. 1988 Derruber 31. 1908 Note 7 INDIVIDUAL FUND DISCLOSURES (continued) The General Fund advanced $113,541 to the Permanent Improvement Revolving Fund to pay the construction coots of the County Road 15 street light project. This advance is considetrd a loan and is sub- ject to repayment from the Permanent Improvement Revolving Fund to the General Fund from special assesamrnts to be levied against propertle% determined to benefit from the project. 6. Intertund Receivables and_Pavablea ear Ln at Yd Intertund Intertund Receivables P�Z±bles General P-0 S 140,306 S 36,935 Debt Set le - iunC, - 15.704 - 19A6-7- 11o, reaent Fund )h,935 - 198S Imp:, oment Fund Capital Project Funds - Permsoent Improvement - 123.841 Revolving Fund Enterprise Funds - _ 9,772 Vater Operating Fund y�)72 15,71W Sever Operating Fund _ 16,465 Golf Course Operating Fund __ } 2u2,711 $ 2u&a! e. lnterfund Transfers Made During the year Funds _ From _ To Asnunt _ -- Puose General Building S 20,000 Capitol Projects General Improvement and S 46,250 Capital Outlay Equipment Outlay Expenditures General Permanent Improve- $ 30.000 Capital Projects sent Revolving General 19115 Improvement S 61.819 Capital Projects G.U. state Aid Permanent improve- $ 1.31U Residual Equity Road Bonds of ment Revolving 1979 Note 7. INDIVIDUAL FUND DISCLOSURES (continued) U. Other Individual Fund Information The Permanent Improvement Revolving Capital Project Fund has a deficit fund balance of $81,357 at December 31. 1988. The deficit will be funded with a combination of special assessments, dedicated municipal State-std, and General Fund transfers. The City did not exceed total expenditure appropriations in any of the budgeted funds. Note 8. SEGMENT INFORMATION FOR 11MRPRISE FUNDS The City provides services which are accounted for in the Enterprise Funds. The segment information for these Enterprise Funds for the year ended December 31. 1988. is as follows: Operating Rrmv& or Gross Profit Mpeeciation Expense operattrig income (Lao) Net In-4e ( lass ) C rrent Capital Gottrihalana Pruperty. Plant, old Equipment - Addition Net Y+dum Capital Total Asset - Total Equity Golf alter _ rat Sewor ;atrse rat tact Total $ 185,832 S 402,337 S 88,867 S 677,0)b $ 36,931 $ 119,5% S 3.361 $ 159,886 $ 8,214 S (49,�) $ (14.659) (p1) s 12,t.4. S S $ - $ u3,on $ - $ 473.013 S - $ 473,01) $ 9.M' S 482,275 $ 107.5% S 657.320 S (15,e-9) S 749.427 $1.249.012 S5,526.83. S 20t,11: $6.979,978 SI.U).S8U $5.332.497 $ 177,998 96,734.075 Note 9. PRoPR1LTARY FUIms CMTRIRIRRD CAPITAL This balance represents tM cost of property contributed to that Enterprise Funds by the City, lets depreciation thereon charged to operations. Changes occurring in this account during the year were as follows: Golf Water Saver Corse t ,rat l�opprat (ISie[atiM Total II&Ls r - beginning of year S1.(Z9.406 s4•032.013 S 14b-3118 OS 793 $5,10BO Ail eottri`alons from other funk Less depredation on s: caributad ammets 33,019 117,047 254 150,32U Balancr - Fed of Year S1,OrM+,�55 6 7(Y1L759 S 146,754 $5.631,198 CITY OF URUNU NOIES Tc FINANCIAL STATEMENTS (Continued) 0,-cembar JI, 1988 CITY OF ult'Ai NOTES TO FINANCIAL STATEMENTS (Continued) December 31. 1998 Note l0. DB►1NED BENEFIT PENSION PLANS - STATEWIDE Note 1U. DE►INED BENEFIT PENSION PLANS - STATEWIDE (continued) A. Plan De scri ptimt mula for determining the date of full funding for the PERF and it,,- PEPFF. Those dates are 2UIU and 2016. respectively. A, ;trt ,.I the All full-time and certain part -titre employees of the City of Orono ate annual act wrial valuation, PERA's actuary determines the sutticlency covered by defined benefit pension plans adminiatereJ by the Public of U.e statutory contribution rate$ towards meeting the required full Employees' Retirement Association of Minnesota (PERA). FERA admin- funding deadline. The actuary compares the actual contribution rate asters the Public Employees' Retirement Fund (PERF) and the Public to a "required" contribution rate. Current statutory contribution Employees' Police and Fire Fund (PEPFF) which are cn:•r-sharinR, rates and actuarially required contribution rate. for the plan-. or.- as multiple -employer retirement plans. PERF members belong to either the toll.w.: Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basle meabera are not. All new membrrr must Statutory Rates Req.:tred participate in the Coordinated Plan. tit poll.e officers, fir.- F-m?losses EmpinYer Rates fighters, and peace officers who gual.fy ...r me-bership by - -.• ate PERF: covered by the PEPFF. The payroll for employees covered by PERF and Baalr Plan 8.002 10.50 9.462 PEPFF for the year ended December 31. 1988, was $590.848 and $557,188. Coordinated Plan L 002 4.252 5.112 respectively; the City's total payroll was $1,251,78A. PEPFF 8.UU2 12.UU? 15.972 PERA provides retirement benefits as well as disability benefits to Total contributions made by the City during fiscal year 1988 were: ' members and benefits to survivors upon the death of ellRlble member. Benetica are established by State Statute and vest after five years of I Percentage of fr credited service. The defined retirement benefits are based on 0- Covered Payrull ►e member's average salary for any five successive year% of allowable _Amounts Employees Employer Employees Employer service, age, and years of credit at termination if service. The PERF: annuity accrual rates for a Basic member are 22 of the average salary Coordinated Plan $23,629 $ 25,106 4.002 4.252 for each of the first ten years of service and 2.5Z for each remaining PEPF► 44,575 66,661 8.002 12.002 year. for a Coordinated member, the annuity accrucl is It of the average salary for each of the first ten years of service and 1.52 for 6; 8,2(A �91,96A each remain.ng year. For PEPFF members, the annuity accrual rate Is 2.52 of the average salary for each of the first 25 years and 22 for The City'■ contribution for the year ended December 31, 1988, to the each remaining year. For bott: PERF and PEPFF, members are eligible PERF represented 0.062 of total contributions required of all par - for a ful: annuity when age plum years of service equal 90. ticlpating entities. For the PEPFF, contributions for the Year ended There are different types of annuities available to ownhers upon December 31, 1988. represented 0.552 of total contributions required retirement. A normal annuity IS a lifetime annuity that craws upon of all participating entitiea. the death of the retiree. No survivor annuity is payable. There are C. Fuudl_n� Status and Progress also various types of Joint and Survivor annuity opti.•n% ivallablo --- which will reduce the monthly normal annuity amount because the 1. Pension Benefit Obligation annuity to payable over joint lives. Members say als.. (rave their contributions in the fund upon iernlnatlon of public In order The "pension benefit obligation" In a standardized dl.►clneure to qualify for a deferred annuity at retirement age. Rrtunds of measure of t:le present value of pension benefits, adj..rted for contributions are available at any flow to members who leave public the effects of projected salary Increases and step -rate bene- service, but before retirement benefits begin. fits, estimated to be payable in the future as a result of B. Contributions Relulred and Contributions Made employee service to date. The measure, which is the — --— actuarial resent value of credited p projected benefits, 1s and Minnesota Statutes Chapter Jseem the %errs for rmpns intended to help users assess PERA's funding status on a employee contributions. The City makes annual contributions to to the going -concern basis, .$seas progress made In accumulating suf- pension plans equal to :he amount required by State Statutes. ficient assets to pay benefits when due, and make comparisons Minnesota Statutes Chapter 356,215. Subdivision 4(g) provides the for- r CITY of OIIONO - NOTES TO ►INANCIAL STATEMENTS (Continued) December 31. 1988 Note 10. DEFINED BENEFIT PENSION PLANS - STATEWIDE (continued) among Public Employees' Retirement Svs,ea% and among employers. PERA does not make separate mrasurra.•nts of .aaets and pension benefit obligation for individual employers. The pension benefit obligation as of June 30. 198N, Is shown below: PENt PEI't'F In Thousandh) Sin Thousands) Total pension -"-- benefit obligation $3.334,423 $512.921 Net assets available for benefits, at market 2.7.9,289 584,11171 Unfunded (surplus) pension benefit obligation 585,114 Ri L 950) The measurement of the pension benefit obligation 1% based on h+ an actuarial valuation as of June 30. 1988. Net .I+SO— ts N available to pay pension benefits were valued am of ,tune 30, 1980. 2. Change in Actuarial Methods Prior to fiscal year 1988. the mortality table used was the UP-1984 Unisex set for:ard one year for lasles and set back four years for faster lea. For fiscal year 1988. the PF.RA Board of Trustees approved the use of the 1971 Gruup Annuity Mortality Table projected to 1984 for males and females. T':. change was made In order to reduce, If not eliminate, the series of large, annually recurring asirtallty losses that have been cealired In the last four years. With the adoption of the new mortality table, the projected benefit obligation Increased $179,670,000 in the Public Employees' Retirement Fund and $18.805,0oo is the Public Employees' Police and Fire Fund. These actuarial changer did not affect the contribution rates. D. Ten -Year Historical Trend Inform tinn Ten-year historical trend Informatton Is presented In PERA's Comprehensive Annual Financial Report for the year ended June 30. 1988. This Information Is useful in assessing the pension plan's artusulation of sufficient assets to pay pension benefits as they become due. CITY ,IF ow;,. NoTt:S T - FINANCIAL STATEMENTS (G no mind) December 31. 1988 Note 10. DEFINED BENEFIT PENSION PLANS - STATEWIDE (continued) F.. Related-Partyyinveatments During 1988 and as of June 3U. 1988, IERA held a., %ecurlties issued by the city ar other related parts,... Note 11 ilm. Pfu COMPtNSATION PLANS the (lty Otitis Its employers deterred atop,abitt.•n play created in acc.rdunce with Internal Revenue Code Sectl,n .57. The plans, available to all emplovees, permit them to deter a portion of their salary until future rears. The deterred compensation is not available tJ emll„)vvs until termination, retirement, death, or unforeseen emergency. All amounts of compensation deferred under the plans, all pr„perty and rights purchased with those amounts, and all Income attributable to I hu•.,• amounts ere sJlely the property and rl P.hts of the City, sub wet to the cl.OIN% nt the City'a general cred,tors. Participants' rlght.4 und.•r tht plans arc equal to those of genera: creditors of to! City In an annunt equal to the fair market value of the deferred account for ra:h p.irticlpant. The City has no 11W I lty for losses ut.der the plans but does have the duty of due care that would be required of an ordinary prudent Investor. The City believes that it Is unlikely that 1. will use the asseth to satisfy tt,r claims of general rred a ors in the future. Nnte 12. CONTINGENCIES In 1985. the Crystal Bay Area Sewer Project Assessment was adopted at $4.215 per parcel uilt. Approximately 69 parcels, representing 81 parcel units, apnsaled the assessment. In August 1986, 66 parcels, representing 67 parcel units, were reduced by Court appointed arbitra- tors fr_m $9,215 to S5,5OU per parcel unit. The City has revised the assessment rolls or issued refunds, as •ppr,ipriate. As a result of the decrease in future revenue from special assessments, the City livied $40.000 In taxes to aid In payment of the debt redemption due 11 1'i87. or June 1, 1987. another Crystal Bay Sewrr Appeal was settled. The at it lemt•rt calls for r reduction in the sloe, laI assessment for sewer Iml.rovem.•n,s from $1-,,940 to SI1, 500. The Da•crmbrr 31, 1987. flnan- clal statements reflect the effects of this settlement. The City levied SJO,0611 in taxes to aid in payment of the debt redemption due In 1988. In Octuber 1988, the City levied c)O,tt00 In to-ee •o mid In CITY of okwi NOTES TO ►INANCIAI. STATEMENTS (Continued) December 31. 1968 Note 12. COUFFINGWIES (continued) psymeat of the debt redemption due in 1989 and established future taw*@ to generate sufficient sources to pay futt.re debt requirements. Appeals on assessments of $92.350 have not yet been settled. Several claims have been filed against the City. The City's insurer has accepted defense of these claims. The outcome of each of these cases is unknown. It is not determinable at this time whether unfavorable settlements of the claims will exceed insurance coverage. City management relieves that the City will not incur any monetary loss relating to the rases. No lase has been recorded on the City's financial statements relating to the claims. Note 13. SUSSEQU[IfT gvENTS The City and its Insurer tssre Maisel *@ defendants in a case flied in r+ May 1989. A former police officer, while on duty, was Injured in an W automobile accident In ►ebruary 1985 by an uninsured motorist and is seeking compe*@ation under the uninsured matorlst benefit of the City's Insurance policy in an amount In excess of $50,uoo. The City's Insurer is providing defense of thls claim. I e ASS1 T♦ C-01 and Inve al w.t+ R.celvable.: Accounts Accrued Interest tuAil,'lurnt t.,.e, l,.11npuent e-1.,. Dcl.rred aPt,6.1 as.ruwnt. Contract for deed th,e If" other lun.ls Due It" other Anvefn.ental .,It. I nvrnt nr l.s Prepaid are.... Offerred cheese. ether asset. Due fro. del erred compensation plan adminlatratora rtop.rty, plant, and equipornt. net of ac r,nvu tat ed depreciation Asxmt avallable 1. D.bt Service Funds Aw—t available in General Fund Aunt to be provided for debt service Total Assets 1 p.. r LIA61LIfILS AND FOND EOl'!71 Liabilities: AAvanr.. Fr"e rtrv•. general a. nwun Ar.ounls and —.otfa,ts pavahle Severance pavahle S., IarIH pay.hlr Due to other I..J, Due to ether gnvernw nt Al unit. Deft.red coop--tlon payable to eap1.�, Pea D.I.rrod credit. Deferred Pew nu. Lena-t er..t.ht T.t.1 Ll.billtles Fund Lnulry: Investwnt In general fled assets cnetrlhut•. equity pet .lined earnings ►und b•l.ncr - ;nrssar..d - De.lanAted In- worrgancy contlnaeecles Dealt eat eA for capital project. :w lonsted I.,r debt service rle.lg n.t.d for varalloM severance liability cnd.alan.tod Total Fund Flit, T.tnl L1,!•, Iltle. and Fund f.tu+tv fee .;.Ira t, Fin.,,, !.1 il.trefnla. • OF OROW -t%` ARCR liNUT ALL •. 46ACCOUNT GROUPS .I, lily Frnprlatary Fiduciary I..ar^_ _ fund T9M l—d Typr Arrnune Crn,,py SOertal General Total. tNl[.1 hang -Ter• Gneral r4r+r endue Only) General Ravenue e►„ Fro ecto Rntern/aa Agency Dent Fixed A.set. -t 9l7 labh $2.913,195 f 19),tlIH7 SI,IAl1,6 S) f:75. 111 9 190.119 3 - 5 - 5 6.19t. - - Ie7.S75 - _ 114,161 Iv,1 TI e2,v6S 11 ,A 1e IA,I Of - - 61.679 - I.DRS • _ 1.6:6 - t)),U le - 11.171 - - 71,A 19 - 12,69e - la,D59 - I1,7)a !),Tli 617.201 - - - 60.015 1,229.511 1...64.982 6tl.SAS 616.01! 3ih ol1 =9 515,271 S2,}tl9,lyq 32o�1p6 a )I 1, 2N6 S '1=7 A67 62 .A 71, S15 51.729,SI1 f 5.516.185 a 5.I7y.90o 191.07) 181,017 222.119 les.619 65.770 61.6W 141.63% 114,7U2 A71,6N 1.111.105 e2,f161 al,000 e1, q 7 11 R,690 511,716 611.5)1 le,6D7 ulv,osa IA ,6S2 16,965 a0,�15 61,095 7,01) 2l),a6) 2SR,IW •,6S9,1T1 6.1ie 7,766 1,SN.9e2 1,711,2 A) M,S6S e�,glle e 16.UN 1.1 Stl .757 f ll,rA l,Sw 5� •, 579,etl% f - 5 - f - S 9l,b67 1 - 3 - S - S - S 91.6e7 f 69.7aD I.0149 1.42 R,RRS 9.01II - - 90 026 90.225 12.165 - - - 12.`61 12,951 J.a71 - - 21,AM 16,121 10,29e - - - 66 ,019 - - _ 6/.317 114,690 9.92(1 - - - 23,I A20all Ill.667 - - 21),a67 IM5116 118,7zi - - - 11e,721 I0e.9AA - 1.019,576 I8.2 S6 - - - 1,151,196 I.1WA.R IS 2 477,)aS.h5 2,A 72 }65 I Sa 252."i7 I,ba� t-3io,oie 1— 26 -- 2}7, NI 21 .a i,a , c3, 1 ,129, t11 1, 779,511 1.111.191 5.3La,505 - - - 5.10e.SOS S.6S9.119 9e7.2S3 942,397 )fr1.491 - - - - - - - 301.49) 2b,),2G4 161,6e2 I0,111 I .S".9R2 - _ _ _ - I.S6e.992-,)11.26) AN.Si} - - - - - - - ee,145 e4,6M .�2 61613 bill ..51111r662, _ - - .�7 t 112.7.A22102. 2 7W 021 �1 UD L.dAA,r✓ )1 ).s:/ t.iel.i�i I�IyM2 6. SS. - I.I2= 12.71).007 12.6 2. ,A 3 ).21A,1tq S 115.7 )1 S2. M9,C!M1 u-,"A i Ai1112A4 S 21),a67 2 any 71 S6S 1 229 ill fi7.!7RI,S79 I1 571 AR7 e CITY OF ORONO COMBINED STATEMENT OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE - ALL GOVERNMENTAL FUND TYPES Year Ended December 31, 1987 Revenue: Property taxes Special assessments Licenses and permits Intergovernmental revenue Charges for sertices Fines Other revenue -- Interest ear ed on investments Sale or rent of property Miscellaneous Total Revenue Expenditures: Current - General government Public safety Streets Parks and recreation Miscellaneous Capital projects Debt service Total Expenditures Excess of Revenue Over (Under) Expenditures Other Financing Sources (Uses): Operating transfers in Operating transfers (out) Other Financing Sources (Uses) EXCESS Of REVENUE AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES Fund balance - beginning of year Residual equity transfer Fund Balance - End of Year Yee Notes to Financial Statements. Special Debt General Revenue Service $1,072.390 S - $ 34,213 667 - 360,177 136,420 - - 444,724 6,710 48,430 594,424 - - 102,058 - - 182,819 34,299 97.103 22,540 668 - 11,873 7,322 - 2,567,914 48,999 539,923 535.558 7,112 - 1,210,493 19,405 - 385,422 1,296 - 61,720 42,864 - 53,555 15,354 - - - 682,184 2,246,748 86,031 682,184 321.166 (37,032) (142,261) 522 64,91n - (64,910) (522) - (64,388) 64,3R8 - S 256,778 $ 27,356 $ (142,261 1.502,366 486,266 1,711.243 .Nj,.n4 - - S3,003,648 S 513,622 $1,568,982 Totals capital (Memoraneum Only) Projects 1987 1986 S 10 $ 1,106.613 S 999,711 17,723 378,567 671,947 - 136,420 102.533 37,329 537,193 648,739 - 594,424 605,002 - 102,058 84,877 15,873 330,093 351,447 - 23,208 18,776 871 20,066 2n,902 71,806 3,228,642 3,492,934 - 542.670 461,771 - 1.229,898 1,148,353 - 386,718 493,d33. 104,584 48,052 - 68,909 126,389 64,126 64,126 3¢3,295 682,184 74;,4:J 64,126 3,079,089 3,385t!43 7,680 149.553 107,791 105,643 171,075 89,278 (105,643) (171,075) ;84.278) 5,n0u $ 7,680 $ 149.553 $ 112.791 153,802 4,944,277 4,831,486 - 153,904 - 4S 161,482 $5,247,734 S 4,944.277 i CITY OF ORONO Q CUMHINEU STATEMENr of REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE - ALL GUVERNMENTAL FUND TYPES Year Ended December 31, 198b Special Debt General Revenue Service Revenue: Taxes ad valorem $ 97b,94b S 11,601 Special assessments 2,9'f1 668,337 Licenses and permits 102,531 Intergovernmental revem:e 367,1u2 $ 118,547 39,966 Charges for services 6US,UU2 Fines 84,877 vtnt-r revenue - ,nterest on investments 16l,Jd'7 32,074 105,87tl sle or rant of property 12,142 b,634 tscellaneous 1U,336 _ 8,7U5 290 Total Revenue 2,J43,11b 165,96U 826.092 Expenditures: General government 45H,b31 3,14U Public sd+ety 1,13b,lbU 12,193 Streets 461,855 31,978 Parks and recreation 44,d17 3,235 capital Totals Projects (Memorandum Only) $ 164 S 986,711 619 671,947 102,533 123,004 64b,739 605,002 04,877 32,40tl 351,447 id,776 1,571 20,902 157,766 3,492,934 Miscellaneous 25,100 1UU,046 1,243 363,295 Capital projects 743,450 Debt service Total Expenditures 2,124,563 150,592 744,693 _ 363,295 Excess of Revenue over 21b,55J 15,3bd 81,399 (205.529) (Under) Expenditures Other Financing Sources ('Uses): Uperatiny transfers in 2`_ 46d 63,81U Operating transfers out (bl,+JtUI (ZU1468) Total other Financing Sour4e9 (Uses) (3d,341) 43,342 461,771 1,148,353 493,833 48,02 126,389 363,295 743.450 3,385,143 107,791 89,278 (84,27d) 5,000 EACESS OF REVENUE AND OTHER SOURCES LIVEN $ 58,710 $ 81,399 S (205,529) $ 112,791 (UNDER) EXPENDITURES AND OTHEk USES S 178,211 Fund balance - beginning of year, 2,474,601 427,556 532,566 1.171,417 as previot:sly reported Adjustments to beginning fund balance 844) 11097,25tl 134,005 134,005 /,171,4t7 4.831,486 Fund balance - beginning of year, as adjusted _2,4t4,7S5 427.556 1,629,844 359,331 Fund balance - End of Year 52,591,9bb S 486,266 51,711,241 $153,802 $ 4�944,277 See Notes to Financial Statements. FAEGRE & BENSON APPENDIX 2200 NORWEST CENTEI7 90 SOUTH SEVENTH STREET MINNEAPOLIS. MINNESOTA 55402.3901 61t'))6-3000 TELECO-ER 3)6-JCt6 TELC■ 6t6111 SUITE ..So, 6600 TOWER 10 CASTCMCA► 2600 RE•USLIC PLAZA 6600 NORMANDALE LAME OOULCVARO LONOON EC)M ICT, ENGLAND 370 SEVENTEENTH 6TRCCT 6LOOMINOTON,NINMCSOTA 66637-1076 0,, 683-6163 OENVER,COLONA00 00808-4004 61t/981-2800 T[L[COIICR 683 3177 )0)/!6t -ssso TCLCCOrICR stI -2866 TELC. 60I1064 T [LtCO rI[R 56t-f6s) $2,300,000 General Obligation Water and Sewer Revenue Bonds, Series 1989 City of Orono, Minnesota We have acted as bond counsel in connection with the issuance by the City of Orono, Minnesota, of its General Obligation Water and Sewer Revenue Bonds, Series 19P9, dated September 16, 1989 in the aggregate principal amount of $2,300,000, consisting of fully registered bonds numbered from R-1 upwards in denominations of $5,000 or any integral multiple thereof, which bonds mature on February 1 in each of the years and in the amounts and bear interest at the rates per annum according to years of maturity as follows: Interest Interest Year Amount Rates Year Amount _RA-te 1993 $175,000 % 1998 $225,000 % 1994 175,000 % 1999 250,000 % 1995 200,000 % 2000 275,000 % 1996 200,000 % 2001 275,000 % 1997 225,000 % 2002 300,000 % all bonds maturing on or after February 1, 1997 being subject to redemption and prior payment at the option of the Cit,,, in whole or in part, in inverse order of maturity on February 1, 1996 and any interest payment date thereafter at par plus accrued interest, interest payable August 1, 1990 and semiannually thereafter on February 1 and August 1 in each year by check or draft mailed to the registered holders, and principal payable upon presentation at the main office of - -- — in -- - -- ( the "Bonds"). We have examined such certified proceedings, documents and certifications of public officials as we deem necessary to render this opinion, including the form of the Bonds and a resolution of the City Council adopted on September 11, 1989 (the "Bond Resolution"). As to questions of fact material to our opinion, we have relied upon such certified proceedings, documents and certifications furnished to us without undertaking to verify such facts by independent investigation. We have not been engaged of undertaken to verify the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds (except to the extent, if any, stated in the Official Statement), and we express no opinion relating thereto (excepting only matters set forth as our opinion in the Official Statement). Based on our examination, we are of the opinion, as of the date hereof, as follows: 1. The B-nds are valid and binding general obligations of the City issued under authority of Section 444.075 and Chapter 475, Minnesota Statutes. 2. The Bonds are payable as to principal and interest primarily from the net revenues of the water and sewer system of the City to the extent provided by the Bond Resolution, but the City is required to levy general ad valorem taxes on all taxable property in the City without limitation as to rate or amount, if necessary, to pay principal and interest when due. 3. The interest on the Bonds is not includable in gross income for purposes of federal income taxation or in taxable net income of individuals, estates and trusts for purposes of Minnesota income taxation under present laws and rulings. The Bonds are not "private activity bonds" within the meaning of Section 141(a) of the Internal Revenue Code of 1986 (the "Code"). Interest on the Bonds is not an item of tax preference required to be included in the computation of "alternative minimum taxable income" for purposes of federal alternative minimum tax applicable to individuals and other taxpayers under Section 55 of the Code or Minnesota alternative minimum tax applicable to individuals, trusts and estates. Interest on the Bonds is includable in "book income" or in "earnings and profits" for the purpose of determining the "alternative minimum taxable income" of corporations under Section 55 of the Code and is subject to the Minnesota franchise tax imposed upon corporations, including financial institutions, measured by taxable income and the alternative mini,am tax base. The alternative minimum taxable income is also used to determine the environmental tax imposed by Section 59A of the Code. In addition, interest on the Bonds may be included in the income of a foreign corporation for purposes of the branch profits tax imposed by Section B84 of the Code. Deductions for "losses incurred" by property and cas,.i'i-y insurance companies must be reduced by 15% of the in+ received or accrued on the Bonds. The Bonds have been dF d as "qualified tax-exempt obligations" within the met Section 265(b)(3) of the Code and financial c• B-2 institutions may deduct a portion of which is allocable to interest on the arbitrage bonds within the meaning of their interest expense Bonds. The Bonds are not Section 148 of the Code. It is to be understood that the rights of the holders of the Bonds and the enforceability eorganizationthereof moratorium and]othero bankruptcy, insolvency, similar laws affecting creditors' rights heretofore or hereafter enacted and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of law. 2748e Dated at Minneapolis, Minnesota, 1989. B-3 COUNCIL MEETING SEP 81989 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 28, 1989 CITY OF ORONO ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Nettles and Goetten. Councilmembers Callahan and Peterson were absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, City Attorney Representative Whitney and City Recorder Scheff ler. WOODHILL AVENUE RESOLUTION #2682 PUBLIC HEARING 7:00 P.M. TO 7:05 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. City Administrator Bernhardson provided a brief explanation of the purpose of the $1660.47 assessment for the 3 abutting property owners. Bernhardson clarified that prepayment of all of the assessment could be made, equal installment payments could be made, or, after several payments, the remaining balance could be entirely paid. It would not be acceptable for random payments to be paid. There were no comments from the public and the public hearing was closed. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2682. Motion, Ayes=3, Nays=O, Motion passed. COUNTY ROAD 15 LIGHTING IMPROVEMENT RESOLUTION #2683 PUBLIC HEARING 7:05 P.M. TO 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. City Administrator Bernhardson explained that this assessment was for the street lighting installed as part of the upgrade of County Road 15. The estimated cost of the entire project is $535,000. However, the City is assessing only the cost of street lighting, $118,040.94. The assessment will be approi.imately $400.00/100' residential section and $1200.00/130' for the commercial section. Mayor Grabek referenced, for the record, a letter he received from Mr. Ward E. Edwards expressing his opposition to the proposed assessment. Ms. Sandy Rauschendorfer., 3895 Shoreline Drive, said that she had her property appraised a month ago and their appraised value was $4,O00 lower than it had been prior to the County Road MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 COUNTY ROAD 15 LIGHTING CONTINUED 15 project. She said that it was unfair that the property owners were paying for even part of the assessment when it is not benef iting them. Ms. Liza Crear, owner of property at 3701 Shoreline Drive, said that she did not understand why commercial properties were paying for the street lighting. Mayor Grabek responded by saying that the Citv viewed this upgrade as an improvement that would benefit bcth the residential and commercial properties along County Road 15. There were no further comments from the public and the public hearing was closed. It was moved by Mayor Grabek, seconded Councilmember Nettles, to adopt Resolution #2683 as the assessment for the County Road 15 Lighting project. Motion, Ayes=3, Nays=O, Motion passed. CONSENT AGENDA* Councilmember Nettles requested the removal of item #: from the Consent Agenda; Councilmember Goetten requested that item 431 be removed for discussion. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the consent agenda, with the exception of items #4 and #31, which were removed and discussed in the numerical sequence in which they appear on the agenda. Motion, Ayes=3, Nays=O, Motion passed. APPROVAL OF MINUTES* Councilmember Nettles noted that the Minutes of the August 14, 1989 Council Meeting did not reflect that he was absent from the August 14, 1989 Council Meeting. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Minutes of the August 14, 1989 Regular Council Meeting, as amended. Motion, Ayes=3, Nays=O, Motion passed. PLANNING COMMISSION COMMENTS Planning Commission Representative, Edward Brown, was not present at this time, but did arrive later. PUBLIC COMMENTS There were no comments from the Public. 2 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ZONING ADMINISTRATOR'S REPORT: #1405 THOMAS COLWELL 2640 NORTH SHORE DRIVE FINAL SUBDIVISION RESOLUTION #2684* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2684, approving the final plat for the Colwell Addition. Motion, Ayes=3, Nays=O, Motion passed. #1326 WAYZATA COUNTRY CLUB/RON LAUER NORTH FERNDALE ROAD FINAL SUBDIVISION RESOLUTION #2685* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2685, approving the plat of Hauser Lauer WCC Addition for Leopold Hauser, Ronald Lauer and Wayzata Country Club, on North Ferndale Road. Motion, Ayes=3, Nays-0, Motion passed. #1407 LEOPOLD HAUSER 475 FERNDALE ROAD NORTH FINAL SUBDIVISION RESOLUTION #2685* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2685, approving the plat of Hauser Lauer WCC Addition for Leopold Hauser, Ronald Lauer and Wayzata Country Clues, on North Ferndale Road. Motion, Ayes=3, Nays=0, Motion passed. #1417 NSP SUBSTATION 3960 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT RESOLUTION #2686 City Administrator Bernhardson explained that this was a request for a conditional use permit for construction of an electric substation near Highway 12 and County Road 6. Representatives from NSP met with the neighboring property owners and the satisfactory solution to their concerns is now being proposed. Building and Zoning Administrator Mabusth noted that none of the neighbors who had expressed concern about this project were present for this meeting. Mr. David Fisher confirmed that the neighbors totally accepted NSP's proposal. He added that the plans had changed quite a bit as a result of the neighbors' input. He said that the location of the substation had been revised so that there would be no tree removal; NSP intended to plant approximately 80 trees. Mabusth said that NSP's proposal would not require the erection of any additional Electric poles, but additional lines would be added to existing poles. 3 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ZONING FILE #1417 NSP SUBSTATION CONTINUED Councilmember Goetten questioned whether Hennepin County would need to approve the revised access? Mabusth replied that County approval was a condition of the resolution. Goetten alsc asked for clarification as to whether or not a front/rear setback variance would be necessary? Mr. Fisher said that the fencing was being located so that a variance would not be necessary. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2686, approving the Conditional Use Permit for Northern States Power Company. Motion, Ayes=3, Nays-0, Motion passed. #1425 WARD FERRELL 3405 WATERTOWN ROAD VARIANCE/SUBDIVISION RESOLUTION #2687• It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2687, granting a lot area variance to Ward and Mary Ferrell at 3405 Watertown Road, to create one new building site. Motion, Ayes=3, Nays=O, Motion pasE�ed. #1 429 RALPH BURGESS 2610 WEST LAFAYETTE ROAD VARIANCE/CONDITIONAL USE 'F"IT Mr. and Mrs. Burgess were present for this matter, as was Mr. Larry Berg, their Attorney. City Administrat: r Bernhardson brief ly explained that the Burgess's were proposing to replace their existing hone with a "walk -out" style home. In order to create the walk -out, substantial removal of the soils in the 0-75' zone will be required. Bernhardson questioned whether the concretes pavers proposed were included in the hardcover calculations? Mr. Burgess replied that the pavers are not included in the hardcover calculations. Mr. Burgess noted that hardcover is being reduced by approximately 1500 s.f. and that inclusion of the pavers would leave the hardcover at the present percentage. Mr. Burgess said that rebuilding the house as he is proposing would reduce the amount of runoff directly into Lake Minnetonka. Mr. Burgess said there is an existing garage on the property which would be rebuilt. Mayor Grabek asked Mr. Burgess if his architecht was aware of the City's policy regarding exca,ration within 75' of the Lake? Mr. Burgess said that he was familiar with the City's policies. He said that he waa dissatisfied with the Planning Commission's explanation of the reasons why the City's policy disallowed any alteration if the shoreline. Mr. Burgess said that in his opinion his property rights were being denied. He said that he and Mr. Berg had researched the development of the present wording of the City's ordinances pertaining to the maintenance of the shoreline. Mr. Burgess said that he determined that there were two reasons that prompted the current ordinance• one being MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ZONING FILE #1429-BURGESS CONTINUED aesthetics, the other was environmental impact. Mr. Burgess showed the Council and Mayor Grabek a model of the proposed home. He said that the house was designed and would be located in such a way that runoff would be directed toward a settling pond. He also showed that by moving the house back, it would no longer encroach into the average lakeshore setback. Mr. Burgess explained that he had a great interest in the preservation of Lake Minnetonka and had formed and been involved in the Lake Minnetonka Association. He hoped that this information would give him credibility regarding his intent to build his home without negatively impacting the Lake. Mr. Burgess said that, in his opinion, his proposal would improve the Lake. He said that he was amazed that lakeshore residents did not do more retention ponding to allow sediments to settle before runoff enters the lake. Mr. Burgess said that his proposal would be an environmental improvement because it would increase the distance runoff would travel before entering the Lake. He also said that he was replacing the hardcover within 0-75' of the Lake with sod. He said that he did not understand why he was being denied when in fact he was improving the environment. Mayor Grabek explained to Mr. Burgess that the assumptions he made regarding the intent of the City's Code may or may not be accurate. Mayor Grabek said that in his opinion the City cannot allow excavating along the shoreline, because even though Mr. Burgess's proposal may be aesthetically pleasing, another applicant's proposal to do the same excavation may not have the same results. Mr. Burgess questioned why the City could not hire consultants to review each application on a case by case basis, or why the Planning Commission could not be better informed of the City's Codes. Mayor Grabek responded that the City Council treated rc citizens equally and that it would be difficult to allow one application for a walk -out and deny another. He said that the City's Codes and guidelines were very evident in that they disallow any excavation of the shoreline. Mr. Burgess referred to the issue of aesthetics and said that the existing house was a two-story home located on the highest elevation of his property. If given a choice, he believed that the Council and Mayor Grabek would choose the house he was proposing because it was more in conformity with the neighboring properties and aesthetically pleasing. Mayor Grabek reiterated that it was the City's intent to protect the shoreline by disallowing any excavation within 0-75' of the lake. Councilmember Goetten reminded Mr. Burgess that he was before the Council because he required a variance. She asked Mr. Burgess what hardship he had for a walk -out? Mr. Burgess said 5 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ZONING FILE #1429-BURGESS CONTINUED that he had submitted a letter spelling out his hardships. City Administrator Bernhardz7on said that the people responsible for drafting the ordinances in 1960/1970 chose not to have these matters addressed on a case -by -case basis. They chose to state that no excavation could occur within 0-75' of Lake Minnetonka unless a hardship is demonstrated. Councilmember Goetten interjected that Mr. Brad VanNest was one of the persons responsible for the development of the City Ordinances pertaining to the lakeshore. Mr. Burgess said that significant portions of the bank had fallen into the Lake and unless something was done, more bank would be washed away. Councilmember Goetten said that the City staff would be willing to work with Mr. Burgess in that regard, but that the erosion and walk -out were two separate issues. Mayor Grabek stated that erosion of the bank was not a hardship to warrant a walk -out. Councilmember Goetten asked Mr. Burgess if he had met with the City staff to discuss restoration of his bank? Mr. Burgess stated that he had met with Mr. Gaff ron and Mr. Cook. He said that Mr. Cook had recommended that fabric be installed and a beneficial amount of sloping be done. Mr. Burgess said that Mr. Cook indicated that the City preferred to have vegetation rather than retaining wall. Mr. Burgess said that he would have no problem implementing those recommendations. Mr. Berg said that he had taken the time to go back and track Orono's ordinances as they changed. Fe said the prohibitions about disturbing the Lake had always existed. The difference came when Orono required a permit to disturb the lakeshore and proof that such disturbance would meet the goals of the Community for preserving It. -he lakeshore. Mr. Berg said that in 1975, Orono decided to stop reviewing the aspects of the permits, but rather chose to deny them as a +hole. Mr. Berg said that in examining the precedent aspect of denying this type of an application, that he could distinguish Mr. Burgess's proposal from others. He said that Mr. Burgess's proposal also addresses all of the engineering concerns. Mr. Berg noted that the existing house encroaches 35' into the 0-75' setback zone. The r -oposed residence would allow hardcover to be totally eliminated that area and remain the same in the 75-250' zone. He said Uldt the walk -out was an additional benefit. Mr- Berg asked to have the 6 reasons supporting denial of this application included in the record (see MPG memo 7/13/89). It was moved by Mayor Grabek, seconded by Councilmember Goetten, to deny application #1429. Councilmember Goetten sa=.d that she would like to give Mr. Burgess the opportunity to revise his proposal and go back before the Plsnnina Commissirin, Councilmember Nettles reiterated Councilmember Goetten's commentF rege.iuinq :he City's consistency in dtnying applications 6 14INUTES OF THE ORONO COUNCIL !MEETING OF AUGUST 28, 1989 ZONING FILE #1429-BURGESS CONTINUED involving any excavation of the lakeshore with the policy being that the natural terrain was best. Nettles said that he interpreted the Ci.ty's ordinances to say just that. Nettle., said that Mr. Burgess's proposal went far beyond what was required to restore the lakeshore. City Administrator Bernhardson suggested that conceptual denial be given so that a resolution could be drafted and brought forth at the September 11, 1989 Meeting. Goetten assured Mr. Burgess that the Council does look upon each application individually. Mayor Grabek amended his motion to indicate that conceptual denial be given and that a resolution of denial be brought back to the September 11, 1989 Council Meeting, Councilmember Goetten seconded. Motion, Ayes=3, Nays=O, Motion passed. #1433 LOREN BUTTERFIELD 3925 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION #2688 Mr. Loren Butterfield was present for this matter. City Administrator Bernhardson briefly explained that Mr. Butterfield was applying for a conditional use permit for the removal of peat. The Planning Commission had recommended approval of this application subject to removal not exceeding 300 cubic yards per year. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2688, approving the Conditional Use Permit for peat removal for Mr. Loren Butterfield. Motion, Ayes-3, Nays-0, Motion passed. #1435 JOEN NAFUS 2580 DUNWOODY AVENUE VARIANCE RESOLUTION 2689 Mr. and Mrs. Nafus were present for this matter. City Administrator Bernhardson informed the Counc.Ll and. Mayor Grabek that the applicants wished to construct a 341x 24' storage addition. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2689, approving a 1' sideyard setback variance for the construction of a storage addition for John and Gail Nafus. Motion, Ayes=3, Nays=0, Motion passed. 1438 MRS. PHILI? PIL,LSBURY 1200 BRACKETTS POINT ROAD VARIANCE RESOLUTION #2690 Mr. Al Paulson, Mrs. Pillsbury's architect, and Mr. Stephen Pflaum, her attorney were present on her behalf. City Administrator Bernhardson explained that previously, MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ZONING FILE #1438-PILLSBURY CONTINUED Mrs. Pillsbury had applied to the City for approval to construct a 6' serpentine wall surrounding limited areas of the property. The Council at that time had indicated they would only approve a 6' wall on that portion of the property bordering on County Road 15 to the driveway. The applicant chose not to proceed with that plan an,- ., now requesting approval to construct a 4' wall. Councilmember Goetten stated that in her opinion, the wall was most needed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2690, approving construction of sepentine wall for Mrs. Philip Pillsbury, per staff recommendations. Motion, Ayes=3, Nays=O, Motion p-i::sed. ROAD NAME REQUEST DENNIS RUMLIN* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept "Gander Road" as the street name for Dennis F. Kumlin's subdivision. Motion, Ayes=3, Nays=0, Motion passed. MAYOR'S REPORT: ORONO CENTENNIAL Mayor Grabek said that the Centennial fund needed an additional $8,000.00. Mayor Grabek showed the design that will be used f cr the medallion and will be given as a token of appreciation for contributions. Mr. Roehl's book has been submitted to the printer and is expected to be approxir 4ely 80 pages with 100 photographs. The book will be leather-bound and will sell for $14.95. The Centennial Ball will take place cn October 13, 1989, with the "Golden Strings" providi:g entertaini.: ,nt. Mayor Grabek said that contributions thus far total approximately $9,000.00. CITY ADMINISTRATOR'S REPORT: DEBORAH DRIVE City Administrator Bernhardson said that t''e residents of Deborah Drive, a private road, were requsting the i, allation of speed bumps to assist with the maintenance of the speed limit. The residents had submitted a plan tc pave Deborah Drive and the plan included the speed bumps. However, the City Engineer did not review or approve the speed bumps. Mr. Thomas Betz. President of the Home Owners' Association, explained that the homeowners agreed to dc-, the paving with the understanding that there would be speed bumps. Mr. Betz said that there were many children in the neighborhood and there has been several accidents. He said that the homeowners voteO 7 to 2 to approve the blacktop with speed bumps. Mr. Greg Carlin echoed Mr. Betz's comments that the paving was conditioned upon the installation of the speed bumps. He MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 DEBORAH DRIVE CONTINUED said that the homeowners paid $34,000.00 to .gave the road paved. Mr. Carlin said that the blacktop surface has encouraged motorists to speed. Mrs. Carlin asked why the City was recommending denial of the speed bumps? Public Works Director Gerhardson -eplied that the City regulates public and private roads. He said that the problems the residents are experiencing can be addressed in another manner. Gerhardson suggested that the City could pass an ordinance proh.Lbiting heavy trucks from using Deborah Drive. Mrs. Carlin said that large trucks did not pose as much of a problem as did speeding vehicles in general. Gerhardson said that the City 'as the jurisdiction to enforce traffic regulations on private roads and would so in this case. Bernhardson stated that he had talked with the Police Department regarding an increase of enforcement :or Deborah Drive. Bernhardson said that the City would prefer to try other options prior to installing speed bumps. Bernhardson also noted that speed bumps are not as effective as they arms }hought to be. Gerhardson added that drivers eventually fig out that the speed bumps will not be felt as much if crossed at nigher. speeds. Gerhardson also said that drivers have a tendency to drive around them, which creates other hazards. Mayor Grabek question- whether the City could provide other alternatives to minimize speeding on Deborah Drive? Cc ,cilmember Goetten asked what the posted speed limit was for Debtirah Drive. Public Works Director Gerhardson said that the residents had decided to post the speed limit at 25 m.p.h. and that the City n,u; have difficulty enforcing that speed, but it could enforce otr ors . Councilmember Goetten agreed that there was a need to do sunething to curtail speeds, but felt that it may be best to culore other options prior to installing speed bumps. Another resident indicated that school was starting soon and that there was i need to reach a solution quickly. He added that there would be a large number of children waiting for busses in the morning when speeding traffic was the greatest. He said that the residents of Deborah Drive were responsible for maintaining and plowing the road. Councilmember Nettles questioned whether the City could post a "Local Traffic Only" sign for Deborah Drive and temporarily locate police at the ends of the street to keep drivers away? Public Works Director Gerhardson replied that it would be 9 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 DEBORAH DRIVE CONTINUED difficult to enforce. Councilmember Nettles commented that he was familiar with an area where many speed bumps were placed close together. He said that it was impossible to attai►. enough speed to "fly" over them. Mr. Betz suggested that the speed bumps be installed for a one or two year trial period. City Administrator Bernhardson Said that the City Engineer was unable to be present this evening, but it would be helpful to have his comments about the speed bumps. Mr. Betz saki that he had talked with appropriate persons regarding emergency vehicles accessing the street with the speed bumps. He was told that as long as the bumps were not excessive enough to cause a vehicle to break a spring, they would not cause any problems. Mr. Betz said that they were proposing to install 4 speed bumps and each would be marked with a sign. The residents would also post signs at each end of the street indicating that speed bumps were present. City Administrator Bernhardson indicated that the City would prefer to use another alternative. He : v . ,4gested th :t should the Council approve the speed bumps, that the resident.; be asked to sign an agreement holding the City harmless from any liability. Councilmember Goetten said that initially she was prepared to vote against the speed bumps, but that she now had concerns about the saf•-y of the children. Goetten said that since Deborah Drive was a private road and would be maintained by the residents, it would be difficult to disallow their request. >uncilmember Nettles concurred with Goetten. It was moved by Councilmember Nettles, seconded by Counci lmer Detten, to allow for the installation of speed bumps for uewurah Drive, subject to the residents executing a Hold Harmless Agreement with the City and that appropriate signage be posted. Motion, Ayes=3, Nays=O, Motion passed. 1990 STRATEGIC PLANNING This was an informational item. L.M.C.D. INTERGOVERNMENTAL RELATIONS This was an informational item. NAVARRE RE-CZ"YEL.OPMENT MEETING City Administrator Bernhardson suggested various meeting dates. Mayor Grabek indicated that he could not attend a meeting on November 18. Councilmember Goetten said that she would not be available for a November 4 meeting and would inform Bernhardson as soon as possible regarding her availability to attend a meeting on October 7th. 10 MINUTES OF THE ORONO COUNCIL rlEETIHG OF AUGUST 28, 1989 1990 BUDGET MEETING - SET 1990 BUDGET PUBLIC HEARING City Administrator Bernhardson informed the Council and Mayor Grabek that it would be necessary to hold a public hearing in October. The Council and Mayor Grabek agreed to tentatively set October 3, 1989 as a date to meet to discuss the budget. FEE SCHEDULE - DOUBLE FEE POLICY ORDINANCE AMENDMENT 73, 2ND SERIES City Administrator Bernhardson explained that the City's policy regarding double fees for persons working without a permit. Prior to the change, the City staff could use their discretion as to whether or not to require a double fee from contractor or homeowner. Bernhardson said that subsequent to the City Council reviewing this matter, it was agreed that there would no longer be any flexibility and that all offenders would be required to pay a double fee. The policy change has created ill feelings by residents who have been charged a double fee for doing work that they were not aware required a permit. Bernhardson said that City staff was recommending that the policy be amended to allow for one violation for building construction where zoning was not an issue. If a violation occurs involving residential zoning, a double fee would be charged. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Ordinance #73, 2nd Series, as an amendment to the Fee Ordinance related to double feeing in selected cases. Motion, Ayes=3, Nays=0, Motion passed. BOND SALE* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the information as presented. Motion, Ayes=3, Nays=O, Motion passed. FEE SCHEDULE - PRD/CUP ORDINANCE AMENDMENT 74, 2ND SERIES* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve Ordinance #74, 2nd series. Motion, Ayes=3, Nays=0, Motion passed. PUBLIC/PRIVATE ENFORCEMENT* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the information on the public/private roads. Motion, Ayes=3, Nays=O, Motion passed. STUBBS BAY SEWER* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table further discussion of this item until its September 25, 1989 meeting. Motion, Ayes=3, Nays=O, Motion passed. FIREWORKS ORDINANCE* It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council accept the information *:om staff on 11 MINUCTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ?IREWORKS ORDINANCE CONTINUED this issue. Motion, Ayes=3, Nays=O, Motion passed. CDBG - SUBRECIPIENT AGREEMENT* It was moved by Mayor Grabek, seconded by Councilmemb r Goetten, to approve the Sub -recipient Agreement between Hennepin County and the City of Orono. Motioi, Ayes=3, Nays=O, Motion passed. COUNTY ROAD 116 PUBLIC INFORMATION MEETING DATE CHANGE SEPTEMBER 28, 1989* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to designate September 25, 1989, 7:00 p.m. to conduct a Public Hearing regarding County Road 116. Motion, Ayes=3, Nays=O, Motion passed. PUBLIC WORKS PROMOTION* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to authorize the alteration of the position as far as Public Works Supervisor and that Mr. James Gregory be appointed to that position. This appointment will become effective as of August 29, 1989 at $14.174 per hour which is Step 3 of Level 8 with eligibility for a compensation review as of 1 March 1990. Ayes=3, Nays=O, Motion passed. RESIGNATION - BUILDING INSPECTOR* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the resignation of Thor•as Jacobs, Building Inspector, effective September 8, 1989. Mo,:ion, Ayes=3, Nays=O, Motion passed. COMPENSATION ADJUSTMENT - MEL KILBO Councilmem!-ar Goetten said that she had expressed her concerns regarding the Police Department back in April. She said that she had made some recommendations and asked for some changes to be implemented by October. She did not feel that this was an appropriate time for a compensation adjustment, but preferred to review this when she had the information in October. City Administrator Bernhardson said that in his opinion Chief Kilbo continued to perform his job at the acceptable level established for his position. He said that the concerns expressed by Councilmember Goetten would be br•- forth in October and would be reflected in the Chief's n� ew. Mayor Grabek stated that he did not sec: n to deny this. Grabek said denial would indicate tha _ -_.:ef was not adequately performing his duties and he had r-. ,.,ich indication at this time. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjust Chief Kilbo's compens:iti;_�n to Step 3 of Level 12 plus 5% in accordance with the par plan effective July 1, 1989. Councilmember Nettles said that his approval of this adjustment was not meant to pre-lude farther resolution of the 12 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ADJUSTMENT-KILBO CONTINUED issues that have been brought to the attention of the Council. Motion, Ayes=2, Goetten, Nay, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the City Administrator's Information regarding: 530 Stubbs Bay Road; Accident Highway 12 and Willow Drive; Lift Stations 10 & 43 Construction; Site C Discussion; Administrator's Vacation. Motion, Ayes=3, Nays=O, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Representative Whitney indicated that he had nothing to report. LICENSES* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the following licenses: Home Occupation: Richard Anderson 3980 North Shore Drive Cecilia Smoot 2665 Maple Ridge Lane Motion, Ayes=3, Nays=O, Motion passed. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve payment of the All Funds Accounts. Motion, Ayes=3, Nays=O, Motion passed. ADJOURNMENT 9:00 P.M. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 9:00 P.M. Motion, Ayes=3, Nays=O, Motion passed. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 13 $A . COUNCIL y G To: Mayor Grabek & Orono Council Members ME. - Planning Commission Chairman Kelley SEP 81989 Orono Planning Commission Members City Administrator Bernhardson CITY OF ORO"+0 From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 17, 1989 Subject: #1428 Clifford Otten of Otten Brothers Nursery & Landscaping - Northeast Quadrant of willow Drive & Highway 12 - PUD Zoning, Preliminary Subdivision, Vacation of Roadway, Drainage & Utility Easements, Drainag: Easements - Public Hearing List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's Addendum Exhibit E - Legal Description of Request for Road Vacation Exhibit F - Legal Description of Drainage & Utility Easement and Drainage Easement Vacations Exhibit G - Cook's Report Exhibit H - MnDot Report of 8/15/89 Exhibit I - Comprehensive Plan Amendment #2, Area 5 Exhibit J - Existing Zoning Map Exhibit K - Boundary Survey Exhibit L - Preliminary Plat Exhibit M - Site Plan - Commercial Development Exhibit N - Landscape Plan Exhibit 0 - Grading, Drainage & Erosion Control Plan Exhibit P - Slope Analysis Exhibit Q - Southeast Elevation Exhibit R - Main Building Elevation Exhibit S - Accessory Building Elevation Exhibit T - Floor Plans - Main Building/Accessory Building Exhibit U - Septic Map Pertinent Ordinance - PUD Underlying B-6 Zoning - Section 10.52 - Special requirements for rezoning. Subd. 1 - Area. Required = 5 acres Proposed = 13+ acres Subd. 2 - Access & Circulation. The plan satisifies the objectives of the transportation plan of the Comprehensive Plan Amendment #2 as applicant has provided dedication of access for Highway 12, road outlot defined for east/west frontage road. %4 Zoning File #1428 August 17, 1989 Page 2 of 8 ;V!hV-)SQ'Ud1 �'3� - Sanitary sewer availability. Municipal sanitary sewer and water will be available to the site as a result of the City's recent ordering of a public improvement project. Subd. 4 - Storm water management. Applicant has provided detention areas on the site and will provide more detailed drainage plans upon approval of the general concept stage. Subd. 5 - P,vailable zoning districts. The PUD zoning and forma, of development is preferred within the Highway 1. corridor. Subd. 6 - Building design and construction. Exterior of building shall be a combination of tan and dark brown concrete blocks with split face stone finish with trim of dark brown and green to match annodized aluminimum with clear glazing used through area where plant materials are maintainei. Colored exterior elevations will be available at your meeting for review and comment. The equipment and storage building will consist of the same tan and brown stone finish blocks with dark brown and green trim. Subd. 7 - Requirement of development agreement. Applicant shall enter into a development agreement to specify timing of all improvements associated with the development and developer's financial commitments related to those improvements. Please review Exhibit I, the recommended alternative for Area 5. It would appear that the Otten proposal will have far less impact than the recommended alternative for Area 5 within the Comprehensive Plan Amendment. 1. Preliminary Subdivision, combination of commercial and residential - Chapter 11. A) Residential. This phase of the application involves a lot line rearrangement of existing Lots 1 and 2, Block 3 of Ringer's Wood. Proposed lots ccnsist of the following area: Lot 1 = 2.3 acres dry contiguous Lot 2 = 2.1 acres dry contiguous Each lot satisifies the lot standards of the underlying RR-lB zoning district. Additional septic testing for alternate septic site will be required prior to final approval as original septic testing area is located within future road outlot (review Exhibit U). Zoning File #1428 August 17, 1989 Page 3 of 8 B) Commerical. The commercial area consists of approximately 12+ acres. Lot 1 = 6.9 acres Lot 2 = 3.8 acres Outlot A created by the road outlot serves as the buffer zone to the residential to the north and will contain natural screening and a proposed detention pond. Outlot B is to be given by applicant to the City exclusively for utility purposes to house municipal well. Outlot C is the proposed east/west road platted at a 60' width consistent with outlot D within the Reber's subdivision providing additional width for 10' bike trail along the northern per*ion of the roadway. The City Engineer has asked that that the outlot be realigned with Outlot D of Ringer's Wood. The City will ask that the final development plan confirm alignment by designating Outlot D at east end. It should also be noted that the residential zoning line of the RR-lB zoning district has to be realigned as a result of the PUD zoning. The RR-lB zoning district must be realigned 75' to the north along the southern boundary of Lots 1 and 2. 3. Section 10.12 - Vacation. A) Pine Ridge Lane - vacation of public roadway. Applicant proposes the vacation of 25' of Pine Ridge Lane along the northern border of proposed Lot 2. The City would also recommend the vacation of the 25' northern portion of Pine Ridge Lane that borders the Ringer's Wood subdivision with the remaining 2 5 ' corridor along Lot 1 providing an access corridor to Lot 2 via Dickey Lake Drive. B) Vacation of existing drainage and utility easements within Lots 1 and 2, Ringer's Wood. The applicant proposes the complete vacation of existing drainage and utility easements and the dedication of new drainage and utility easements adjacent to the proposed lot lines. Zoning File #1428 August 17, 1989 Page 4 of 8 C) Vacation of drainage easements over wetlands shown as shields, silty clay loam formed within a low area of the former vacant field but after farming there is no sign of the previously defined wetland. Detention ponds will be provided on the site to maintain and treat surface run-off before leaving the site. Applicant will provide more detailed drainage and hydraulic information at the time of the development and final stage review. General Review Comments for the Concept Stage r the Comprehensive Land Use Application - 1. The PUD with underlying B-6 zoning meets the planning objectives of the Comprehensive Plan Amendment. The proposed residential and PUD subdivision will require the realignment of the residential zoning line approximately 75' to the north. 2. Applicant to dedicate 10' drainage and utility easement along east lot line of Lot 2 extending to Outlot B. 3. The City will ask for 10' of additional right-of-way for Highway 12 along the southern boundary (consistent with Rebers' subdivision) and 7 additional feet for Willow Drive along the western boundary. 4. Review Exhibit H, MnDot has denied the request by the applicant for a direct access onto Highway 12 limited to ingress only. Staff has contacted Mr. Benson of MnDot asking would he allow a temporary access until a frontage road is installed. MnDot has refused even a temporary use of an access in light of the demand for more safety on Highway 12 and the desire of the State to complete the proposed safety improvements within the area limiting all new curb cuts within that area. Mr. Benson has confirmed that there are Federal and State funds available to pay up to 50% the cost of a frontage road if the City plans to proceed with such an improvement. 5. Sanitary sewer and water improvements have been ordered by the City and they will be located within the utility easements along the southern portion of the property along Highway 12 as shown on the plans. The final development plant, must show the location of sewer and water lines as they serve the uses on the property, locating .,rains and fire hydrants. Zoning File #1428 August 17, 1989 Page 5 of 8 6. Upon approval by the Council of the general concept stage of the development, applicant shall prepare for application to the Minnehaha Creek Watershed District providing design storm sewer calculations for ponding areas, grading and drainage, soil erosion plans. Applicant to provide storm sewer calculations for ponding areas to the City as soon as Council's review is complete. Review of Ccmercial Site Plan 1. Setbacks - underlying D-6 zoning standards applicable. A) Principal structure. Front/Street Willow: Required = 30' Proposed = 97' Front/Street Highway 12: Required = 30' Proposed = 110' (adjustment for 10' addn right-of-way) Side Interior: Required = 10' Proposed = 100++' Rear/Street: Required = 30' Prnoospd = 200' 13) Accessory structure. Street/Willow: Required = 30' Proposed = 901+ Street (frontage road): Required = 30' Proposed = 601+ Other accessory structures (such as shade structures) are located approximately 5' from private drive - no standard for accessory structure adjacent to private drive. C) Parking setbacks. Willow Drive/Highway 12: Required = 15' Proposed = 20' Adjacent to Hwy 12 Street/Side: Required = 10' Proposed = 10' = 35' (adjustment for 10' addn right-of-way) Zoning File #1428 August 17, 1989 Page 6 of 8 2. Parking requirements. No standards within B-5 zone. Standards for B-1 have been used for commercial retail use. Total area of principal structure including upper floor = 35,425 s.f. 10% reduction excluding hallways, utility space storage areas ether than warehousing = 3,543 s.f. Total Area = 31,882 s.f. Formula for garden supply store = 8 off-street spaces + 1 addn space for each 800 s.f. of f loor area over 1,000 s.f. 8+1,000-31,882 = 30,882 s.f./800 = 38.6 or 39 spaces Total spaces required = 8 + 39 = 47 spaces Proposed = 90 spaces 3. Access. Per MnDot's report, access off of Highway 12 has been denied. Applicant's only access to site will be via Willow Drive. The City Engineer has reviewed the proposed curb cut for immediate access to garden center. Adequate separation is maintained from the intersection of U.S. Highway 12 at approximately 360' from the center line of Highway 12 to the center line of the private drive curb cut. Applican as asked to delay installation of future access road. City, in prelt.minary discussions, has agreed to allow applicant temporary use of private access drives to develop the commercial garden center. The future east/west road has been tentively set aside for further consideration. Denial of access off of Highway 12 may necessitate the need to construct a frontage road. In light of the upcoming safety improvements for Highway 12 and the availability of State funds to assist in the construction, it may be appropriate to establish a constructiol, date somehow tied in with future safety improvements for Highway 12. Roadways, private drives within garden center must be at a minimum 30' adjacent tr buildinc_; providing enough room for driving and fire lane at the 30' width. Where ever applicant has designated a 25' width, a 30' width must be maintained. 4. Proposed Use of Lot 2. This area has been designed as a tree -growing area and sales area. The City must have more information as to the use of this property. Uncontrolled signage cannot be allowed. Applicant should explain how the property will be used as part of the garden center use. Zoning File #1428 August 17, 1989 Page 7 of 8 5. Landscaping. Note applicant has provided a berm within Outlot A and along the southern boundary of proposed Lot 1 providing spruce plantings for year-round screening. The City may wish to continue planting within Outlot B providing screening along the well site property from the residential ^a. Plantings adjacent to curb cuts must be of a size and to prevent any sighting problems. Staff has no ons or problems with the proposed landscaping by cant. 6. Height of principal structure. Allowed 30' Proposed = 34' Variance = 4' or 13% Hardships have not been cited. If approved by Planning Commission, approval must be based on hardships. 7. Signage and lightinq. The applicant would be allowed 1,279 square feet of total signage based on the lineal footage of frontage along Highway 12. An individual pylon sign is proposed at the corner of Willow Drive and Highway 12. A) Height. Allowed height = 32' Proposed = 23'2" B) Setback. Required = 10' Proposed = 20'+ Applicant is limited to 50 square fee, of signage for a single sign. A total signage plan must be submitted noting area of all signage within final development plans. Lighting. Light poles are proposed within nursery sales area at a maximum 30' height. Shielding is provided (review Exhibit S). The City currently has no standards for height of light poles except for the comprehensive 30' maximum height for City. The standard does call for the sh= gilding of lighting from adjacent residential and - c riadway areas. General Staff Cauments Concerning Conceptual Stage Nf Site Plan - 1. Access drives to be revised reflecting no dire t onto Highway 12. Applicant may choose to employ fron. a road access circulation system. Zoning File :1428 August 17, 1989 Page 8 of 8 2. The final development plan should provide information as to lot coverage as it deals with landscaped areas and developed areas and, in addition, percentage of landscaping within the areas devoted to parking. B-6 zoning recommends a minimum of 25% for overall landscaping and 38 for landscaping within parking areas. 3. Final planting schedule should reflect size of shrubs. Once again B-6 standards should be employed. Overstory deciduous trees of 2h inches in diameter, ornamental trees lh inches in diameter, coniferous trees 6 feet tall, major shrub plantings 5 gallons. 4. As noted above, final development plans should locate all utility lines within property designating fire hydrant locations. 5. Land,ing berths to be designated on final development plan. 6. In consideration of the simultaneous scheduling of sewer and water improvements and the installation of the garden center, it is appropriate that we advise applicant that a Certificate of Occupancy cannot be issued until. municipal water and sewer is installed and the required fire supression system approved. The applicant has already been advised of this. plannin.- Commission may use the :omment se^tions of the Comprehensive Zand Use Plan and the C( aereial Sice Plan review in making your recommendation to the C 'cil. Zoning File #E1428 Page 9 Additional Co�ents and Pla.. csng Commission Recomendation - September 8, 1989 The Planning Commission unanimously supported the formal ar:F.l.ication for a PUD rezoning by Mr. Otten noting the similarity kn the current plan and an earlier rezoning application review submitted by the applicant earlier this year. The Planning Commission adopted the majority of staff comments noted under the Comprehensive Land Use section and Commercial Site Plan section or this memo. The Planning CommiF.9ion had the following additions to staff's comments: 1. In considers*ion of the fact that the City will not require the c - .ction of the east/west road as a result of this imprr but allow the applicant to use private interior dr.' the Planning Commission encourages the City to wor A nDot to allow Mr. Otten the temporary access off of h-,,..way 12 for ingress use only. In addition, the Planning Commissi-r�directed applicant to provide appro-^riate signage for "ingress traffic" only, once again, subject to titiDot's final approval. 2. Curving of the proposed road, C, to the south of Lot 1 is to be straightened. 3. With the cation of the additions! 10' of right-of- way for Lhe .jigtiway 12 safety improveme.its, the Planning Commission hps asked staff to confirm that there is adequate area within the proposed utility easement to be taken for sewer and water lines along the southern boundary. Applicant was advised that no structures could be installed within said utility easement noting that the proposed parking area was acceptable. 4. Applicant must provide formal signage plans as part of the commer-Aal site plan review. V c- L ncl---.�d resolution has been drafted approving general concept stage for the PUD rezoning, preliminary subdivision, vacation and commercial site plan. A RESOLUTION APPROVING THE GENERAL CONCEPT STAGE OF A PUD REZONING APPLICATION THAT INCLUDES A PRELIMINARY SUBDIVISION, VACATION AND COMMERCIAL SITE PLAN REVIEW FILE NO. 1428 WHEREAS, Clifford Otten of Otten Brothers Nursery and Landscaping (hereinafter "the applicant") on June 23, 1989 filed a formal Planned U%it Development rezoning application with the Zity consisting of a two -lot conanercial and residential lot line rearrangement subdivision, partial vacation of Pine Ridge Lane and drainage and utility easements within the Ringerswood plat, and a commercial site plan review for proposed Lot 1 of the commercial. subdivision, of the properties leqally described as Lots 1 and 2, Block 3, Ringerswood and Cutlot A, Ringerswood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on %'+ugust 21, 1989 at which tines all person!; desiring to heard concerning this comprehensive application were gi. ,he opportunity to speak thereon; and WHEREAS, at their regular meeting held on Septe-l-er 11, 1989 the Orono City Council considered the application fcr a Planned Unit Development rezoning consisting of a subdivision, vacation and commercial site plan review, noting the following findings of fact: 1. The property is located within an area adjacent to Highway 12 that would be permitted special land use considerations per t:ie directives of Comprehensive Plan Amendment No. 2 and under Sections 10.52 and 10.53 of the Municipal Zoning Code. 2. Per Section 10.52 entitled "Special Requirements for Rezoning in the Highway 12 Corridor .cudy Area", the application has been found to satisfy the standards set ic,rth as follows: A) The total area of the proposed -zo►nmercial portion of the Planned Unit development consists of approximately 13 acres. The rezoning standards would require a minimum of 5 acres .'_.r consideration. Page 1 of B) The p.Yoposet' plan satisfies the objectives of. the Transportation Plan of Comprehensive Plan Amendment No. 2 as applicant has provided dedication of access for Highway 12 and a road outlot to serve as an east,/west frontage road. C) Municipal sanitary sewer and water has been ordered to serve the property. D) Applicant has provided detention areas on the site and will provide more detailed drainage plans upon approval of the general concept stage and as a requirement of the final development stage of the PUD rezoning. E) The rUD zoning and format of development is preferr-d within the Highway 12 Corridor. F) The exterior of commercial building proposed for Lot 1 of the commercial subdivision shall be of a combination of tan and dark brown concrete Llocks with split -face stone finish with trim of dark ti --jn and green to match annodized aluminum with clear ,.azing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors. G) Applicant shall enter into a Development Agreement with the City to specify timing of all improvements associated with the development and developer's financial commitments related to those improvements. 3. The residential portion of the subdivision application involves a lot line rearrangement of existing residential lots. Each of the newly rearranged lots saLl..'lies the area and lot width standards finding that each lot •ontinue to be used for residential use and future construction without the need of further variances. 4. The proposed vacation of Pine Ridge Lane is consistent with the directives of Comprehensive Plan Amendment No. 2 as the applicant has dedicated a road outlot through the commercial portion of the property for an east/west frontage road. Page 2 of 7 5. The proposed vacation of easements within existing Lots is acceptable as new drainage dedicated along newly created lots. existing drainage and utility 1 and 2, Block 3, Ringerswood and utility easements will be lot lines of the residential 6. The commercial site plan for proposed Lot 1 of the commercial portion of the subdivision has been found to satisfy all pertinent standards of the underlying B-6 zoning district. Per the directives of Comprehensive Plan Amendment No. 2, B-6 zoning standards shall be applicable for all commercial development within the Highway 12 Corridor. NOW, THER3F0RE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the general concept stage of the Comprehensive Planned Unit Development rezoning application for Clifford Otten u:Otten Brothers Nursery and Landscaping per the survey entitled "Preliminary Plat", dated June 23, 1989 by McCombs Frank Roos Associates Inc., subject to the following conditions: 1. Outlot C shall be realigned along the southern border of Lot 1 to straighten out the curving of the roadway. 2. Final adjustment of lot line rearrangement of Lots 1 and 2, Block 3, Ringerswood to be finalized subject to the approval of the zoning staff of the City of Orono. 3. The final plan must locate the eastern portion of east/west frontage road (Outlot D, Sugars Wood) to confirm alignment with Outlot C of current subdivision. 4. Submit new legal descriptions for commercial portion of property to be rezoned to PUD with underlying B-6 zoning and redefined southern boundary of RR-lB residential zoning district - subject to review and approval by Orono. 5. If temporary (ingress only) access is approved off of Highway 12, applj.;.a.,- is to submit written permit from MnDot. In additi:,, applicant's commeznial site plan is to be amended to confirm locat4zn of curb cut approved by MnDot. Page 3 of 7 6. Final approval by Minnehaha Creek Watershed District of all grading and drainage plans for the PUD development. Applicant shall prepare for formal application to the MCWD providing design storm sewer calculations for ponding areas, grading and drainage and soil erosion plans. Applicant shall provide all information prepared for the MCWD to the City offices as coon as these plans and specifications are complete for the City's review. 7. Septic testing for residential lots is required as original test sites have been negated with the rearrangement of lot lines. Final a roval of plat and development stage shall be delayed until septic testing can confirm there is adequate area within the newly rearranged lots to satisfy septic code. 8. 25' of Pine Ridge Lane that abutts north lot line of Lot 1, Block 3, Pingerswood shall not be approved for vacation by City, but shall remain as an access corridor to Lot 2, Block 3, Ringerswood via Dickey Lake Drive. All access to residential lots via Highway 12 shall be discontinued with the approval of this subdivision and PUD rezoning. 9. The City to approve vacation of drainage easements within Outlot A, Ringerswood and to extinguish original Conservation and Flowage Easement over said wetland area. In exchange for the redesignation of drainage easements over newly defined detention areas within the commercial portion of the subdivision. The City to acquire drainage easements over said detention ponds and drainageways within the subdivision. Detention ponds are to be defined as drainage easements on the plat. The width of drainage easements shall be established by the City Engineer prior to final plat approval. 10. The commercial site plan must reflect the following changes: A) All orivate driveways must be of a 30' minimum width where lane also serves as a fire lane. B) Landscaping plan - location, type and size of plantings. C) Detailed lighting plan - type and location. Page 4 of 7 D) Total signage plan. E) Loading berth - size and location. Conditions noted above and the following list of final submittals must be submitted as part of the final development stage of the PUD rezoning application and must be submitted to the Zoning Administrator 30 days prior to a regularly schedt•led Council meeting held on the second and fourth Mondays of each month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per survey by McCombs Frank Roos Associates, Inc. and if amended revised plan must be approved by City staff final to surveyor preparing final plan. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of interr:, property lines. c) Designation and dedication of drainage easEiiients over all drainage ways and detention ponds within the plat. d) Define open space/buffer area to residential property, east/west frontage road and property to be deeded to City to house municipal well as outlots. e) Show alignment with Outlot D of Sugar Woods along east s7.de of plat. f) Dedicate additional right-of-ways for adjacent public roadways as follows: i. 7' additional right-of-way for Willow Drive; 11. 10' additional right-of-way for Highway 12. g) Name of subdivision. Page 5 of 7 t B. LEGAL DOCUMENTS required: a) '_itle 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) TNe applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed drainage easements over detention areas and drainageways within the plat (see sample enclosed). d) Executed road and utility easement over east/west frontage road, Outlot C (see easement enclosed). e) Executed Development Agreement by applicant and City. Development Agreement shall identify timing of all of the required improvements associated with the development and deve'*; oper's f inancial commitment related to these improvements. A final development plan shall be attaches to this agreement locating all structures, driveways, landscaping, define use of each area within proposed structure, areas devoted to open space defined in square footage, parking area, define area to be used within Lot 2 for temporary use by landscape operation. No signage shall be allowed on Lot 2, only on Lot 1 where the principal use is defined. A Letter of Credit shall be submitted with the Developer's Agreement for all improvements not completed by final approval of the development stage of the PUD. The Letter of Credit shall be made out to the amount of 150% of the cost of the improvements yet to be completed. C. DETAILED SITE PLAN suitabl,, for recording showing the physical layout of easements, rights -of -way, utility lines and facilities, lots, blocks, public and common open space, qeneral landscaping plan, and structure. D. SOIL .'3ROSION CONTROL PLAN as approve, .;the Minnehaha Creek Watershed District and the Orono Cit, Engineer. Page 6 of 7 E. FEES TO BE PAID: Total Due $6,050.00 a) Park dedication fee per current schedule: $500 per acre = $6,500.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $300.0n (Total due $6,950.00 less overpayment of $900.00 paid -±th original application fees for road) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this llth day of September, 1989. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City C errs - STATE OF MINNESOTA 1 ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor. & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 7 of 7 Receipt - m*l 4 P*a- 3- CITY OF ORONO - SUBDIVISION -------------------------- PROPERTY LOCATION Site Address Northwest Quadrant of Willow Dr 6 U.S. Hwv # 12 -11-23-22-11 Property Identification Number ( P . I . D . ) 34-118-23-22-12 34-118-23-22-13 Please check one - Property abstract or torrens? Attach legal description to application. --------------------------------------------------------- APPLICANT Phone (home) Name Otten BtatherS Nursery & Landscaping Phone (work) 473-5425 -----Address- 2265 West -W.iYz_ ra Bou- ev -r --- City- T--_ ongi- Ue_ M" --Zip: 55356 ------ OWNER (if different than applicant) Phone (hcme) Name P11 one (work) Address: City: Zip: (attach list if more than one) ---------------------------•----------------------------- EXSSTING LAND USE Number of Tax Parcels — 3 Development Size 18.4 Acres Dry Lard Acres Wet Land 18.4 Acres Total; all parcels D—sent (check) X Residential; no. of snits 2 X Other ( specify ) undeveloved Present Zoning District RR-lB ------ -------------------------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) X Subdivision for New Building Sites Number of Building Sites: 2 Residential Existing Units 2 Commercial New Units 4 Total Units Proposed Gross Density: 1 Units per 2 Acres Minimum Lot Size: 2 AC. Sq Feet Dry Buildable Land Proposed Use: (check) X Residential X Other (specify) Commercial MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICA"ION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 vovt Center 348-3271). 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list)• lease attach a separate list of 5. As an addendum to this application, p any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature 1. Payment of fees (park fees, filing fee, sewer 2. Signed certificate of survey or mylar copies 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Date --------------------- and water assessments). of formal plat. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ ---------------- -------------------------------------- FEES $150.00 Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Review (Class III and all non-residential) 30.0Lot 20 Final Plat Review (Class III) 150.00* *(Plus any legal or erc;ineering charges) v The applicant hereby agre,..5to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to prccess this application and further agrees to pay all additiona fees. �tablished by ordinance. / Date Applicant's Signature .-- Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planninc, Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ` ) RUN DATE 02/16/89 BATCH Od6 38 33-118-23 11 00..j PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME ORONO PLAZA TAXPAYER REIERSGORD LAN FIRM NAME/ADDR 4945 HALIFAX AVE S SUITE 7 EDINA MN SS424 38 34-116-23 22 0003 PROP ADDR 00720 DICKEY LAKE DR OWNER NAME J REIS JR A K Z REIS TAXPAYER JOSEPH A KATHLEEN REIS NAME/ADDR 720 DICKEY LAKE OR LONG LAKE MN 55356 38 34-116-23 12 0007 PROP ADOR 00735 DICKEY LAKE OR OWNER NAME P O SKOOG A S L SKOOG TAXPAYER PAUL A SHERRY SKOOG NAME/ADDR 735 DICKEY LAKE OR LONG LAKE MN 55356 38 34-116-23 22 0010 PIOP ADDk 00765 DICKEY LAKE DR OWNER NAME INSILCO CORP TAXPAYER INSILCO CORP NAME/ADDR C/O NINFIELD HOMES DIV P 0 BOX 42106 PLYMOLTTH HN 55442 *8 34-116-23 22 0013 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME C A M RINGER TAXPAYER CHARLES J A MARY L RINGER NAME/ADDR 405 WILLOW DR S LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 34-118-23 21 0001 02060 HAYZATA BLVD �l HAZEL P MYERS v REBERS CONST INC 3525 WEBSTER AVE MPLS MJ SS416 38 34-118-23 22 0005 00701 DICKEY LAKE OR JOHW' H GULLiCKSON COt1STR INC JOHN H GULLILYSON CONSTR INC (D P O BOX 164 HAMEL MI 55340 38 34-118-23 22 0008 00745 DICKEY LAKE DR A P BALNIER MARVIN L SAUMER 745 DICKEY LAKE DR S LONG LAKE IN 55356 ,T '10. PI435401 PAGE 15 38 34-116 YS ".? 1002 02160 HAYZAI.I BL'10 MILLIAM H HEAR I RIFE MINISTERS LIFE/:NV DEPT 3100 H LAKE ST MPLS tN 55410 38 34-118-23 22 0006 00725 DICKEY LAKE OR B A 0 MCKAY BARRY C A DAMARIS H MCKAY 7Z5 DICKEY LAKE OR U LONG LAKE MN 55156 38 34-118-23 22 0009 � 00755 DICKEY LAKE DR (I1 TGESAU AMAESAU TERRANCE G A WARY A ESAU 755 DICKEY LAKE OR LONG LAKE MN 55356 38 34-118-23 22 0011 00710 DICKEY LAKE DR JAAHJGATES JR JOEL NALVATNE 2374 N LAKE OF ISLES BLVD MPLS MI 55405 38 34-118-23 24 0001 02120 WAYZATA BLVD HILLIAM HEAR ETAL WILLIAM M HEAR 36 HACKBERRY HILL LONG LAKE tN 55356 38 34-118-23 22 0012 02251 PINE RIDGE LA CLIFFORD L OTTEN CLIFFORD L OTTEN BOX 249 LONG LAKE MN 55356 72 33-118-23 14 0013 00585 WILLOW DR LARTCH DEVELOPMENT CO ROBERT D ERICKSON ( Za 2470 CEDAR POINT RD _ HAYZATA tN SS391 72 33-118-23 14 0014 72 34-118-23 23 0001 72 34-118-23 23 0002 PROP ADDR 00565 WILLOW DR / (� 0239) HAYZATA ZLVD N 02365 HAYZATA BLVD N OWNER NAME LARTCH DEVELOPMENT CO GEORGAYN C KRAMEK + LONG LAKE ENGINE REBUILDERS P,JA TAXPAYER ROBERT D ERICKSON GEORGAYN C KRAMER ) 90SERT E HAUGEN NAME/ADDR 2470 CEDAR POINT RD 1488 COPELAND ROAD 8329 OAKVIEW CT HAYZATA MI 55391 MAPLE PLAIN MI 55359 MAPLE GROVE MI 55369 " IATE 02/16/89 BAUM 006' PROP ADDR OWNER NAME TAXPAYER NAVE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION 'YSTEM PROPERTY OMNERS LIST 72 34-116-27 23 0003 02345 NAYZATA BLVD N ,,� LONG LAKE ENGINE REBUILDERS 1 // ROBERT E HAUGEN 07 8329 OAKVIEH CT MAPLE GROVE MN 55369 72 34-118.23 23 0022 02265 NAYZATA BLVD N CLIFFORD L OTTEN CLIFFORD L OTTEN 2265 N NAYZATA BLVD LONG LAKE MN 55356 72 34-118 r3 23 0045 PROP ADDR 02325 KAYZATA BLVD N OHNER NAME RICHARD R RUUD ET AL TAXPAYER ELITE AUTO % RICHARD RUOD J NAME/ADDR 2325 H NAYZATA BLVD LONG LAKE MN 55356 72 34-118-23 23 000 02205 NAYZATA BIVD N PERRY'S VENTURES INC PEP.RY'S VENTURES INC 2205 M NAYZATA BLVD LONG LAKE MN 55356 72 34-118-23 c3 0023 02225 NAYZATA BLVO N PERR'i'S VENTURES INC PERRY'S VENTURES INC 2205 N NAYZATA BLVD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 16 72 34-118-23 23 0021 rr 02265 NAYZATA BLVD M CLIFFORD L OTTEN (I)// CLIFFORD L OTTEN 2265 M NAYZATA BLVD LONG LAKE MN 55356 72 34-116-23 24 0048 02073 NAYZATA BLVD N GREGORY M SHAUGHNESSY LONG LAKE FORD TRACTOR IM 2073 N NAYZATA BLVD P 0 BOX 697 LONG LAKE MN 55356 72 34-118-23 23 0044 00572 TAMARACK AVE� GEORGAYN C KRAMER i GEORGAYN C KRAMER 1488 COPELAND ROAD .APLE PLAIN MN SS359 TOTAL BATCH 006 00026 I CER11FY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIONr TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATribm BY-�l/�� 1I �!4 - gvz ft y, , 3 I ,• w Jtn i i�/: , w �•i r ar M� „ h• r��' tAr tf,u• . rr:« r BLVD ;i..: a. is lbl—, 'a4 `� I /: rain,. ` die .,. — —�- IsIPARK ;� r --- �it,.—T� --- — a 1p� .w•.r ,ti ..1 1 IN .•. _ .. co + •c; w t40 �ii) �i ji 1 �i♦ Sri ,r ♦♦, �. DANIEL - STN Ctil,�� • 1 r• ♦ 1 I ♦a a OT rEN BROS. NURSERY & LANDSCAPING, INC. I June 23, 1989 i0 Y OFFICE & GARDEN CENTER: 2265 W. WAYZATA BLVD.. LONG LAKE MAILING ADDRESS: P.O. BOX 268, LONG LAKE, MN 55356 • 473-5425 Members of the Orono Planning Staff: Otten Bros.' desire to expand is the increased need for space to continue operations. Our business operations include a retail garden center, management and design headquarters, and installation/co,is`_ruction division. The common denominator of all operations is plant material, landscape supplies and equipment storage space which at present time is inadequate. Since relocating from Wayzata to Long Lake, several years ago, community acceptance and response has exceeded our projected spacial needs. Considering the 394 project and the future population growth in this area, we feel a proposal of this nature will better serve our community's growing needs. Sincerely, OC ford L. en esident CLO:bm OVER 31) YEARS OF QUALITY SERVICE C McCombs Frank Roos Assoc' ter, .. �- Twin Cities St. Cloud 15050 23rd Ave N. Plymr•.th MN 55 ' PROPOSED VACATIONS RINGERSWOOD Telephone Engineers 612.'476-6010 Planners Facsimile Surveyors 6121476-8532 The utility and drainage easement and the drainage easement as shown on Outlot A, RINGERSWOOD, according to the recorded plat thereof, Hennepin County, Minnesota, and all the utility and drainage easements as shown on Lots 1 and 2. Blo:k 3, said RINGERSWOOD. That part of Pine Ridge Lane as dedicated on the plat of RINGERSWOOD, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of the northwesterly line of said Lot 2 and its northeasterly extension. #9050 06/21/89 r— An ftW OppwWmty EmOOW 15- LEGAL DESCRIPTION Outlot A an.i Lots l and 2. Block 3, all in RINGERSWOOD and the southerly 25.00 feet of that part of Pine Ridge Lane (to be vacated) described as follows: That part of Pine Ridge Lane as dedicated on the plat of RINGERSWOOD. according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of the northwesterly line of said Lot 2 and its northeasterly extension. MFRA #9050 .Tune 23, 1989 W Bonestroo Otro G Baxuma PE Rupert W Romiv PE :osebh C Anoent PE Andei Rosene Bradford A Le v, PE 7E RKnanf E Tamer, PE Anderlik & Senn a Cook.asoPEE Associates Thomas E Noyes. PE Robert G ScnunKnt PE Marva L Smaa. PE Engineers & Architects July 24, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabuth Re: 190-1429 Otten Bros. PUD Dear Jeanne: K[Rn A Gordon PE MKnaN C Lynch PE PWO J Casw" PE RKhard W Fouer. PE Jame R Maunp PE MY. D Wars. PE Donald C Burgardt PE Kerff O" P Anderson_ PE ThOrnas R AnCefWn A I A Jerry A Sou=n PE Keth A Bachmann PE Gary F RyeandC PE Mark A Hanson PE Mark R Ro7t. PE Chard A ErKkson Ted K FwU PE ROOM C RusseK. A I A Led M Payserity MKhae1 T Raulmann PE Thomas E An9ui PE Hanan M Clspn Robert R Pk!f"' PE Naww1 A SardoV PE Susan M Ebeno CPA Dated O Loskota PE Danrl i &Venn PE Thonus W Peterson PE Mark A Sep PE We have reviewed the preliminary submittal for the Otten Bros. PUD. The preliminary plat provides for a future frontage road that could extend from Willow Drive to Brown Road. The plat has identified a parcel (Outlot B) that could be obtained by the City for the proposed well site. The plat incorporates lots 1 and 2 of the Ringers Woods subdivision. Additional right of way should be provided along TH 12 and Willow Drive. The right of way along Willow Drive should be 40 feet and the right of way along TH 12 should be 75 feet. The frontage road (Outlot C) should be moved approximately 20 feet south at the east line to match the Sugar Hills subdivision. We would also recommend that a 10 foot easement be provided along the east line of Lot 2 Block 1 as a water main will be extended along this lot line. The existing drainage area in Outlot A of Gingers Woods will be eliminated with the proposed subdivisions. The placement of ponding areas in the northwest corner and on the south side of the subdivision is appropriate. We will need design storm sever calculations for the ponding areas. Access to the property should be along the proposed frontage road. We would recommend that any access along TH 12 be for traffic entering the site only. All exiting traffic should be on Willow Drive at the proposed frontage road. The sanitary sever and water main utilities for the site will be provided along TH 12. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE�, %ANDERLIK 6 ASSOCIATES, 1NC. Glenn R. Cook GRC:ci 2335 West Highway 36 9 St. Paul, Minnesota 55113 • 612-636-4600 l� Minnesota Department of Transi ortation s District 5 2055 No. Lilac Drive MIN p� Golden Valley, Minnesota 55422 (6) 2) s93. 8530 August 15, 1989 Jeanne A. Mabusth Building and Zoning Administrator _ Cite of Orono P.O. Box 66 _ Crystal Bay, Minnesota 15323 Re: PUD/Subdivision Application - ;,1428. Clifford Otten S.P. 2713-61 (TH 12) Dear Ms. Mabusth: We receives your request regarding review of the above referenced subdivision application. Currently, Mn/DOT is preparing preliminary layouts for improving TH 12 along Clifford Otten's property. Oitr proposal is to widen TH 12 to the north. This widening will require the taking of some of that property. The amount is not yet determined. In addition. we are proposing to purchase the control of access along the north side of TH 12. Therefore, we will not permit the ac:.ess to be built from Clifford Otten's property to TH 12 as shown on the site plan. Thank you for allowing us to comment on this subdivision application. We will have additional details about our project available in the future. If you need additional information please feel free to call me at the above ntunber. Sincerely, Kim - Mark D. Benson Project Manager An Equal Opportunity Employer FA_ Property Area No. 5 - Description - This small parcel of 13 acres represents the property most difficult to develop effectively because of its narrow depth between Highway 12 and the existing Ringerswood residential area. The area however, does not have soil limitations, wetland limitations, or slope concerns found in other areas (see Appendix E). The shape and size of this parcel does present a problem for the installation of a frontage road in this area. area. Discussion of Alternatives - Alternatives as indicated above .;re very limited for this 1. Developed According Current Zoning - This parcel is relatively small and presents constraints regarding development as found in other area in the corridor. 2. Commercial/Retail/!I ltiple Families - Alternative development in the northeast quadrant of Willow Drive and Highway 12 would be of a commercial office/retail nature. It is anticipated that any development on the north/east side of the frontage road would be of a multi -residential nature. The possible inclusion of two residential lots (A & B) which were not originally included in the study would allow for appropriate buffering between the multi -residential and the single family development in Ringers Wood. 53 l a LJ�L � J � -- i Fq moo Primary Frontage Road eeee Alternate Frontage Road Area 5 y S. Fig. 33 Recommended Alternative - The recommended alternative in Figure 33 would include transition of commercial on the south side of the frontage road back to multi -residential on the north, with appropriate buffering from the single family to the north. The frontage road, regardless of configuration, would commence opposite the frontage road west of Willow Drive and tie into the frontage road coming from North Brown Road. Given the intensity of development, this area would be sewered either through the Long along Willow Drive, or possibly through branches of the Long Lake system. 54 COUNCIL MEETING To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley SEP 81989 Orono Planning Commission Members City Administrator Bernhardson CITY OF Mo From: Jeanne A. Mabusth, Building & Zoning AdministraatorrRV1! Date: August 10, 1989 Subject: #1430 Dave Morse/Morse Homes, 4127 Oak Street - Variance - Public Hearing Pertinent Ordinance - Section 10.22, Subdivision 1 A) - Average lakeshore setback. Gazebo and deck proposed at 75' setback from lake will encroach 67' in front of average setback line. B) Tram/track structure to be located in front of the average lakeshore setback and within the 75' set ;..(-k area. Tram structure provides access to lakeshore o�, , steep terrain. Tram to function as sole access, 1� staircase is proposed. Section 10.22, Subdivision 2 - Hardcover. 75-250' Setback Area = 16,625 s.f. Allowed = 4,156.25 s.f. or 25% Proposed: Applicant's Calculation House & Retaining Wall 2,280 s.f. Tram 56 s.f. Gazebo & Deck 425 s.f. Total 3,361 s.f. or 20% Surplus Hardcover = 795.25 s.f. Staff's Calculation House & Retaining Wall 2,880 s.f. Tram 310 s.f.* (175' length tram from shoreline to approx. 175' setback line - every 4') Gazebo & Deck 398 s.f. Total 3,588 s.f. or 21.5% Surplus Hardcover = 568.25 s.f. M Zoning File #1430 August 10," 1989 Page 2 of 3 IQA 10 Id* discussion of tram - a tram is an acceptable form of structural access over steep lakeshore banks. Both the DNR and the LMCD proposed model ordinances approve the use of trams that meet a 4' width standard. The proposed tram would satisfy this standard. If applicant was to emvloy City's approved policy of a 4' wide stairtread with 4 x4 safety landings, a massive superstructure would be required based on the degree of slope and the need to provide many safety stops/landings. The tram structure also provides a minimal impact on the existing lakeshore bank requiring less removal of vegetation and trees. Note hardcover for tram has been credited against the 75-250' setback area. 250-500' Setback Area - 3,888 s.f. Allowed - 1,166.4 s.f. or 30% Proposed: Applicant's Calculation /�- Garage & Driveway 1-3e- s. f . or 31.6% Variance 65.6 s.f. or 1.6% Staff's Calculation / 3,7& ,ae Garage & Driveway i34-rb s.f. or 35% *1 Variance 209.6 s.f. or 58 1 * Applicant can reduce hardcover by either reducing size of driveway or taking a credit of excess hardcover from the 75- 250' setback area, thereby reducing surplus hardcover within the 75-250' setback area by 209.6 s.f. List of Exhibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's Hardcover Facts Exhibit E - Tract/Tram Information (Photos will be available at the meeting) Exhibit F - Structural Plans for Tram Exhibit G - Survey - Average Lakeshore Setback Line and Proposed Improvements Exhibit H - Floor Plan Exhibit I - Elevations of Deck & Gazebo Zoning File #1430 August 10, 198, Page 3 of 3 Review of Application - The applicant is the owner and builder of the home currently under construction. Mr. Morse proposes installation of a 4' wide tram to achieve access via the steep lakeshore bank as noted above. This is an approved method by both the DNR and the LMCD. This form of access would also be consistent with the City's policy to minimize the impact on steep lakeshore banks with excessive land alterations. A staircase over such steep terrain built to Building Code Standards would require several safety landings creating a major visual impact from the lakeshore. The second phase of the variance application involves the applicant's desire to build a gazebo and deck area at the 75' setback line. The selected site area provides gentle, flat sloped plateau area to facilitate construction. Review Exhibit I, the maximum height of the gazebo structure .7-uld be 16' above grade at the 962 elevation. The average lakeshcre setback is located at approximately 1,008 elevation with the •Aximum height of the gazebo structure at 978 elevation woulC u-.'de a 30' difference. The accessory structures as proposeu will not be visible from the viewing windows of the adjacent residences, nor will they be visible from the viewing windows of the existing residence at that proposed elevation. Access to the deck and gazebo will be via the tram. There will be no additional staircases located within the lakeshore yard except for the staircase that leads from the deck area (review Exhibits H & V. Options of Action - 1. Denial. If application is to be denied, please refer to Section 10.08, Subdivision 3 (A). 2. Approval based on the following hardships and findings: A) Majority of 75-250' lakeshore yard area is located in front of the average lakeshore setbck line. B) The proposed location of the accessory structures in relation to existing elevation creates no visual impact for adjacent neighboring homes. C) No hardcover variance is required for the proposed accessory structures. Planning Commission should make a recommendation regarding the hardcover excess within the 250-500' setback area, although this has nothing to do with the present application. Applicant may either reduce proposed driveway or seek credit of the excess hardcover within the 75-250' setback area. If such a credit is approved, the hardcover inventory will be adjusted to reflect the credit. It should also be noted that this property consists of another lot on the east side of the unimproved public roadway but cannot be credited to the property because of the inability to legally combine the parcels. Zoning File #1430 September 7, 1989 Page 4 Additional Comments and Planning Commission Reco=endation - Additional Exhibits - Exhibit J - Hommeyer Letter of 8/17/89 Presented to the Planning Commission at the Meeting The Planning Commission unanimously supported the installation of the tram providing access over the stem- terrain to the lake. Certain members of the Planning Commission had difficulty approving the gazebo as proposed finding the structure too intense, more similar to a small cabin or bunk house. Members felt a more traditional type of gazebo would -)e acceptable. Council members found no problem with the portion of the deck that required the average lakeshore setback variance as the structure clearly presented no view problems. The minority opinion supported Mr. Morsels current proposal for the gazebo. It appeared that if Mr. Morse would have 4- immed back the area and height of the gazebo structure, the majority opinion may have approved the application. In the notice to the applicant, Mr. Morse was encouraged to submit a revised, trimmed back "version" of a gazebo. In the end, Mr. Morse felt that he would ask the Council to review the c-riginal proposal. The enclosed resolution has been drafted approving '-he tram and lakeshore deck in front of the average lakeshore setback and denying the gazebo as proposed. If Council members wish to amend the Planning Commission's recommendation (3-2), the enclosed resolution can be amended to include either the gazebo as proposed or as amended. A RESOLUTION GRANTING VARIANCES TO !MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 FILE #1430 WHEREAS, David Morse of Morse Homes (hereinafter "the applicant") is the owner of the property located at 4127 Oak Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 1 and 2, Block 5 and Lot 1, Block 4, Minnetonka Summit Park Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of a 4 foot wide tram, deck area and gazebo to be located in front of the average Lakeshore setback line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1430. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of approximately 28,000 square feet in area. 3. ':he Orono Planning Commission reviewed this application on August 21, 1989, and recommended approval of the proposed variances as amended based upon the following findings: A) The majority of the 75-250' lakeshore yard area is located in front of the average lakeshore setback line. B) The proposed location of the accessory structure in relation to existing elevations provide no visual impact for adjacent neighboring homes. C) No hardcover variance is required for the proposed deck located within the 75-250' setback area. Page 1 of 4 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire 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 variances to the Municipal Zoning Cc Section 10.22, Subdivision 1 to permit the construction of a 4 foot wide trarn located within the 0-75' setback area and A uncovered deck structure located within the 75-250' setback area, and denies the proposed gazebo, subject to the following conditions: 1. The hardcover improvements proposed within the 250-500' setback area exceed the allowed 1,166.4 squar, ,.eet ur 30% with a total of 1,376 or 35%, the excess of 2�9.6 square feet of hardcover shall be credited against total hardcover within 75-250' setback area now adjusted at 3,798 square feet or 22.8%. 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 build-ng permit within one year of the date of Council approval, or this variance will expire on that date (September 11, 1990). 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 herein, and shall be punishable as a misdemeanor. Page 2 of 4 4. The undersigned applic Ant 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 recor?ing of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Mirnc3ota at a regular meeting held on the llth day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Gra e , Mayor Property Owner(s) STATE OF MINNESOTA ) l ss. COUNTY OF HEA1,rPIN ) The foregoing instrument was acknowledged before me on this llth day of September, 1989, by James R. Grabek & Dorothy M. Hdllin, Mayor & City Clerk of the City of Orono, a M' ,nesota municipal corporation and said instrument was executed c:; behalf of the City. Notary Public My Commission Expires Page 3 of 4 RUII DATE 02/08/86 I CAIN 001 38 06-117-23 13 0003 PP.OP ADDR 01.41ER IIAIIE VEDA IIIC TAXPAYER VEDA IIIC IIAIIE/ADDR PO COX 115 LOIIG LAKE 114 55356 38 06-117-23 41 0027 PROP ADOR 0141ER IIAIIE It I LEWIS I1 K L TRETTEL TAXPAYER Wit I LEWIS IIAIIE/ADOR 3620 IIUOUS IIILL RD IIASIIVILLE III 37215 36 06-117-23 41 0030 PROP ADOR I1111JER IIAIIE C 11 IIOIIIIEYER It A W 110111EYER TAXPAYER CIIARLES Il AM IIOIYIEYEII IIAIIE/ADDR 4125 OAK ST IOIIG LAKE 104 55356 36 06-117-23 41 0033 PROP ADOR OIRIER IIAIIE TIIOIIAS R 14ILLIAIIS JR ETAL TAXPAYER TIIOt1AS R IIILLIAIIS IIAIIE/ADDR 425 7011KAIIA RD LOIIG LAKE IYI 55356 38 06-117-23 41 0036 PROP ADDR 04119 OAK ST 01•41ER IIAIIE K 8 ROLLAt10 t K S ROOM TAXPAYER KEIAIETII ROLLANO/KAREN RODEN IIAIIE/AnOR 4119 OAK ST OR0110 till 55356 IIENIEPIII COU111Y PROPERTY II i-ORIIATIOII SYSTEH PROPERTY 01111ERS LIST 30 06-117-23 41 0025 It LEIIIS A K TRETTEL till I LEMS 3620 110005 IIILL RD HASIIVILLE 111 37215 38 06-117-23 41 0028 11 LE'AIS A K TRETTEL till 7. LEWIS 36?•' dOOUS IIILL RD rIA`11VILLE 111 37215 18 06-117-23 41 0031 C I A II '1111EYER CIIARLES A At01 IIU1111EYER 4125 OAK ST LOIIG LAKE 101 55356 30 06-117-23 41 0034 711011AS R IIILLIAtIS Jf' ETAL 711011AS R IIILLIAIIS 425 TOIII:AIIA RD LONG LAKE 191 55356 30 06-117-23 41 0000 00425 70111MIA R0 TIIOIIAS R IIILLIAIIS JR ETA( 711011AS R IIILLIAIIS JR 425 TUMAIIA LOIIG LAKE till 55356 38 06-117-23 14 0020 PROP ADDR 405 TONKAWA RD OWNER IfAK & C DEDOLPII III TAXPAYERER TOTAL BATCH 001 0;015 IIAIIE/AUUR KARL & CHRISTINE DEDOLPII 405 TONKAWA RD ORONO MN 55356 REPORT 110. PI435401 PAGE 1 38 "--117-23 41 0011, I. W LEI115 A K TRETTEL Wit I LEWIS 3620 IIOODS IIILL RO IIASIIVILLE TII 37215 : 38 06-117-23 41 0029 STATE LAND DEPT T11011AS R WILIIAIIS JR 425 TOMAIIA RD LONG LAKE fill 55356 C N 38 06-117-23 41 0032 K D ROLLAIIO A K S ROOM KEIIIIE111 0 ROLLAIIO L K ROOEH 411%1 ��' 4119 OAK ST ! 1'Ti ORO110 till 55356 38 06-17-23 41 0035 r O 04125 OAK 5T 1 CIIARLES W IIOt01EYER EI AL CIIARLES 11 110111MYER t I 4125 OAK ST . LOIIG LAKE fill 55356 r� 1 3J 06-117-23 42 0004 a �' f DAVID L AIlDERSOt1 ETAL [d I DAVID L AIIOEPS011 Z' i 4105 13AYSIDE RD J I 1 11APLE PLAlll till 55359CA i Y J 1 :1 CITY OP ORCNO - VARIANCS APPLICATION Initial Application Fee $150.00 J i ^ 50.00 per each additional variance) mJLim **?i ^*'1 O ^ Renewal Variance Fee $75.00 -2^ ii no change from original application) d ^ 7 ' After-the-Fact Fees (Double application fee) ^ PROPERTY LOCATION Site Address y oN V/cr^y nJcLk S tW 7 / Property Identificat:on Number (P.I.D.) _ _ Please check one - Property _ abstract or torrens? V Attach legal description to application if not included on required survey. APPLICANT Phone (home) Name Phone (work) Address; iM vO^ fVu ’Ci ty: C^y ^ Zio; OWNER (if different than applicant)Phone (home) Name Phone (work) Address;City: Zio; Date Property Acquired (mcnth/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail;;Te^^A-ro L-T\tE <.y^ET ^AJ / 7- -7 VMIAHCBS REQUIRED Lot Area Setbac.k Variances ( Other Lot Width Front Hardcover Side ly^^ear) plc^n^) HA.RDSE IP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: 1, eT 51z C , 7-n��c(-,?APi4-4 LINE Sr'r RPrC� --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS 1. Completed Application Form �. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 0, Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature � Date OWNERS SIGNATURE n^�'%c Ik7"IF-2- 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 `th's re que t. Owner's Signature \ c2C� Date --------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. •il��+•.-I�.,�.r:jy..•••..r':.i...-.ts--w1. 4:.i...1.•►?.�L�.i:. J_� _ _ _..�....... c i,., .3.,:._:pn•Li��«S[`�I�,.,t.-'ti �.::-.- - .•s••..«...,:... _ ... 2Z'14`LSI'! `y'�30 _ W ' 1 r '.�—.,�fM�ryF+r��•M1•-� rM��NO�—VJ' .:.,�•iIJ Iw MUD■ ' - •• • w w 1 � o • w - w w • M • w .. �+(y ? � . R•- • 1 �'y �(� fi v .46 IL • ; T i S . ?'! I s 1 4.I w S. _ C — — 0 as .j�` ` of a, I I Al 1 ' � ~ � ��� 'f. - ••, �•Ifi.V `� ,`' � � tyt. � ��. NNEI «�_f r ter• �y .�.r {\rS �� ' �.•' ,� dip max•~ rrw •y 1 ✓ t M \ � GGII• _ N all Q aj ✓ \M Y 'Flo • •. d. ��'G �� � ram' r w raC la . Ij/•we—•wa•����awa�aar�f•awaw�w�f����L7�MOr` ' � � f �i`�'�\ v O o: i in 3 ,3 ... r' 7 I + V � ti• d •' a' i ; � L.J U V W U MORSE HOMES, INC. DIV. OF MONTANA DEVELOPMENT SET BACK ZONES TOTAL AREA 75 Foot - 250 Foot 16,625 Sq. Ft. 25% 4,156.25 Sq. Ft. 250 Foot - 500 Foot 3,888 Sq. Ft. 30% 1,166.4 Sq. Ft. Gazebo and Deck 425 Sq. Ft. Tram 56 Sq. Ft. House Area with Retaining and Landscape 2,880 Sq. Ft. TOTAL 3,361 Sq. Ft. 75 Foot - 250 Foot Zone 795.25 Sq. Ft. Extra Garage and Drive 1,232 Sq. Ft. 250 Foot - 500 Foot Zone 65.6 Sq. Ft. Deficit 6960 MADISON AVE. WEST • UNIT N 10 • GOLDEN VALLEY, MN 55427 • OFFICE 541-1719 • FAX 591-1510 Do You Deed A Lift? Our lift system allows you to ride up and down hills of any angle or any incline. Enjoy a lake or river bluff view in safety. Perfect for Grandparents & children. "CLIFF CLIMBER" Features: • Treated lumber seating • Track System cemented in ground • Heavy duty steel channel * Safety mechanisms * Carries up to 1000 pounds * Automatic Braking system - patent pending • Maintenance agreement OPTIONS: Makes Lakeshore Accessible! * Custom models for 2 or 4 people Adds Value to your Real Estate! * Storage basket to carry Can be Tax Deductible! * Up to 300' in length LET US GIVE YOU A FREE ESTIMATE WE REPAIR ALL LIFTS call Larry Warden At: COUNTRY MEDICAL ",aut what the doctor ordered" 112 Lewls Street Shakopee, MN 55378 612.445.6820 MN:1.800.247.W13 SPECIFICATIONS ON COUNTRY WDICAL CLIFF CLIMBER E-A q 11 I. Frame: 4" X 3" Double Channel--2 ft. wide--10' long X 3/16" thick Track, welded at Joints. 2. 2" X 2" square stock tube Anchor Post with 8" X 6" Feet. 3. Four 2" X 4" Carriage Wheels, ABF Polymer/Alathane. 4. 1-11 N.P. Motor---110 V 60 Cycle--Valdor. S. Winch and 3/8" Galvanized Air Craft & Cabie Drive Systems 6. Micro -Switch Safety Systems: a. top landing micro -switch shut-off b. bottom landing micro -switch shut-off c. slack cable micro -switch shut-off d. overrun safety switch top 7. Two and four person seating system (36" wide maximum width) with Redwood Lumber. 8. Call/Send Controls -top and bottom (Key operated, optional.) 9. Fail Safe Braking System, Patent Pending. 10. U.L. listed Junction Box. SS�'rTF,71 OHMS j//59uave SIOC& �NGhOr �031< �►xhor V6>fi 2J. TRACK - W IM0 3h6 WA L — SQUARE TUBE SUPPOKIS WrrN POVREU CONr,%m 6A5E ON EAC� S,zDE AT 10' SANS . CEMENT PAST FP05T LINES. 'is WA L L x - -1"x I" SQUARE _TUBE WELDED _EVERY_ ro" O.C. _ /O.' MAXIMUM SPAN h u " BENT PLATE 57F-EL IN - VefiriiCa��o�� On SOSCe / OT ` Concce�e BaSeS rior Cov r J� A t MEDIGAL'S "CL-ITT CLIMRFR" Given a aaximum passenger load of 1000 lbs. and an approximate weight of 100 lbs. per 10 ft. section, the average factor of safety is approximately 165. Assuming varying concrete consistencion, the *worst" possible factor Of safety is still approximately 87. A factor of safety above 10 is considered extremely safe. Therefore, give+ file specifications for Country Medical'■ CLIFF CLIMBER, the concrete bases are more than adequate to withstand its load. August 17, 1989 Charles Kelly 2720 white Oak Circle Long Lake, M,N 55356 Edward Brown 355 Stubbs Bay Road Long Lake, :-L`I 55356 Re: Dave Morse Morse Homes Planning Coumision Agenda item 41430 Mr. Morse will be applying for additional variances at the August 21st meeting. In considering these requests, we would like you to be aware, for background purposes, of the attitude he has exh.oited toward us and our property which abuts his project on the south side. On July 12-13 while clearing his property of trees and brush, he cleared approximately four feet into our property, removing ten trees with a diameter of 1 1/2 to 4 1/2 inches. In trying to resolve this matter, he and/or his :ob superintendant stated three times that unless we were "reasonaLle" he would "run hi,3 _-•ucks over our shrubbery." Since we did not agree to settle -­ ..,. ,s he has deemed "reasonable", it is our understanding t,.,; :s of Thursday August 17th, he has instructed his attorney to t - to request the city to overrule its officials and bend to his shrubbery destruction wishes. The shrubbery in question is on the dedicated right of way of a privately maintained road and off the currently used roadway. As far as we know, there is no business need for this request. In an effort to accommodate parking needs, we have allowed and con- tinue to allow his workman to park on and use for turn around purposes portions of our driveway. Also during the clearing process, brush and trees were piled on our property and as of this writing still remain. Even though we have asked him to move the pile to his property, he has not acceded to our verbal and written requests. Mr. Morse is now in the process of installing a dock. As of today, the dock is being positioned in such a manner that it angles across the extension of our property line. Even though we previously sent him a copy of the Lake Xinnetonka Conservation District regulations he has chosen to construct the dock in violation of those regulations. Since we have experienced a series of abuses,we have concerns about granting additional variances. We expect to be at the meeting Monday night. Sixiaerely, Charles and Ann Hommeyei cc: D. Coetten Orono Offices V COUNCIL MEETING S E P 81989 CITY OF ORONO To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning A.Aninistratut Date: September 6, 1989 Subject: #1432 Julia K. Whitney, 4470 Forest Lake Landing - Variance - Resolution Zoning District - LR-lB, 1 acre, sewered Application - Request for hardcover variance to remodel and construct an addition to existing house. List of Exhibits Exhibit A - Proposed Resolution. Exhibit B - Planning Commission Action Notice of 8/22/89 Exhibit C -• Memo & Exhibits of 8/16/89 Discussion - Applicant is proposing a small addition to the existing residence, in conjunction with revising the garage door location to the street side of the garage, and revising driveways. The proposed improvements to the property result in a decrease in 75-250' hardcover from 33.8% 31.7%. Also, inherent in the application is a variance to average setback. Since the addition is on the street side of the house, there will be no additional encroachment towards the lake. The proposed addition stays at the one-story level, and will have no significant effect on lake views currently enjoyed by neighboring properties. At their meeting of August. 21st, the Planning Commission voted 5-0 to recommend approval of the hardcover and average setback va-iari..es, finding no significant view encroachment, and findir:j that the o.zra:1. hardcover decr-ase is benefit to this property and to the neighborhood. Staff Recommendation - Staff recommends approval per the attached resolution. 11. W OWN 30 Y ? ' A RESOLUTION GRANTING VARIANCES TO KUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 FILE #1432 WHEREAS, Julia K. Whitney (hereinafter "the applicant") is t.t;e owner of the property located at 4470 Forest Lake Landing within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1472, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of an addition to the existing residence, requiring a variance to allow encroachment past the average lakeshore setback line where no encroachment is normally allowed, and a variance to allow hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1432. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 21, 1989, and recommended approval of the proposed variances based upon the following findings: A) The entire existing house encroaches past the average lakeshore setback line. The proposed addition is at the opposite end of the house from the lake, and will not extend the house closer to the lake than what currently exists. No significant _lake views enjoyed by neighboring property owners will be encroached upon by the proposed addition to the residence. Page 1 of 5 B) Existing hardcover in the 0-•75' lakeshore setback zone is 0%. Existing hardcover in the 75-250' lakeshore setback zone is 33.8%. As a result of the proposed addition and driveway reconstruction, hardcover in the 75-250' zone will decrease to 31.7%, a decrease of 309 square feet. The decrease in hardcover is considered a benefit to the property and to the neighborhood in general, as well as being beneficial to Lake Minnetonka. Due to the topography and configuration of the property and neighboring properties to the north, the driveways which comprise a substantial portion of the 31.7% hardcover t- remain is necessary tr maintain access to the property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other dan;er 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 variances to the Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of an addition to the existing residence, granting a variance for encroachment past the average lakeshore setback line where no encroachment is normally allowed, and granting a variance to allow 31.7% hardcover in the 75-250' zone where only 25% hardcover is normally allowed, subject to the following conditions: Page 2 of 5 1. Hardcover on the property shall be allowed as follo 0-75' zone = no hardcover 75-250' zone: House + Addition = 1,059 s.f. Garage = 550 s.f. Dog run 230 s.f. Decks, stairs, stoops, landscaping, sidewalks, etc. = 622 s.f. Driveway = 2,238 s.f. Total 4,699 s.f. or 3 (area in i5-250' zone = 14,801 s.f.) 2. The property owner is advised that any future propo: to increase hardcover on the property will not be approved, however, any future proposal to increase hardcover on the property might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover percentage on the property. 3. Applicant shall adhere to the site plan attached to this resolution as Exhibit A. 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 (September 11, 1990). 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 :�pplicarit has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and aF�3igns, hereby agrees to the recording of this resolutiu►, in the chain of title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) James R. Grabek, Mayor The foregoing instrument was acknowledged before me on this llth day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 ZONING FILE NO. 1432 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTIOP' P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/22/89 -------------------------------------------------------------------------- TO: Julia K. Whitney COPIES TO: Randall Supplee 4470 Forest Lake Landing Box 43 Mound, MN 55364 Wayzata, MN 55391 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 8/21/89 VOTE: 5 For 0 Against Planning Commission recomends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Approval of average setback variance. Approval of hardcover in the amount of 31.7% in the 75-250' zone, finding that this is a net decrease of 2.1%. Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. '7To: Planning Commission Chairman Kelley , Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 16, 1989 Subject: #1432 Julia K. Whitney, 4470 Forest Lake Landing - Variance - Public Hearing Zoning District - LR-lB, 1 acre, sewered Application - Request for hardcover variance to remode' construct an addition to existing house. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan (existing) with Staff Notes Exhibit E - Proposed Site Plan Exhibit F - Applicant's Hardcover Calculations Exhibit G - Staff's Hardcover Review Exhibit H - Selected Construction Plans Pertinent Facts - 1. Hardcover on the property per staff's calculations is as follows: 0-75' - no hardcover 75-250': Existing = 33.8E Proposed = 31.7E Allowed = 25% (Staff's calculations vary slightly from those submitted by applicant. Revisions are noted in Exhibit G.) 2. Applicant is proposing to construct an addition at the street end of the house. This is a one story addition with basement. A portion of the proposed addition is in the area of the existing entryway, and the additicndl hardcover due to the addition is relatively small (see site plan). Also, the south side deck will be removed, and a new stairway for the existing deck on the lake side will be constructed. n Zoning File #1432 August 16, 1989 Page 2 of 2 Additionally, the site plan indicates a new driveway to the garage, with some reductions in the overall driveway scheme. The garage is proposed to be remodeled to face the door toward the street. 3. Technically, the average setback line drawn between the adjacent houses on either side indicates that a variance for average setback is required in addition to the hardcover variance. As of this writing, staff has had no comments from the affected adjacent property owner. Note that the applicant's house is generally in line with neighboring houses if the house at 4480 is not considered. Discassion - Given that the proposed addition will extend no higher and no closer to the lake than the existing house, coupled with the fact that the neighboring residence is constructed at a higher elevation, the visual and lake view impact of this addition should be insignificant. Not noted on applicant's hardcover calculations was a 4' width rock bed and covered window well area on the north side of the house. The intent is to revert this to a non -hardcover status and remove the window well coverings permanently. Additionally, the driveway revisions result in a significant hardcover decrease. Applicant is also working with the Public Works Director regarding removal of hardcover areas within the right-of-way. Staff Aecoss�dation - Staff would recommend approval of the average lakeshore setback variance inherent in this application, as well as approval for the hardcover variance to allow 31.7%, a decrease of 2.1%. CITY OP ORONO - VAr RIANC-' APPLICATION Acolicat-cn Fee SI50.00 (g 0.00 per each add-t_enai variar_cs) Renewal Variance Fee $75.00 + (no change from original aoiol-cat'-cn) After-t.he-Fact Fees (Double application ---------- PROPERTY LOCATION Site Address 4 q 40 Property _ident'=-cation Number Ino �k-� abstrac= or torrens? ?lease check one - P-ope-� Attach legal desc_iot'-cn to ace D_ licat'-cn if not included on recu-red surve_ . 2-r.`� .-_--- -f --- ------ ------ �} ?.� C j�.�.1c (� ----------- --� ------------ - phcne (_^.cme) 4 A ;�-- - r1PP_T.IC3NT Name 1 �.;�'� �-,. o �� Phone (work) Address: `t-t GL L . tnCC--- _.t=b�------?------� ----- _---------------� OwNER (if different than applicant) J Phone (^eme ) Phone Name Address: C` �, c Date Proper-y etc _uired t - (mcrt::/.year) I (do) &do not)' own the ad -ace - parcels of land. ---- - -------------- PRESENT USE OF PROPERTY Present Zoning Dist__ct Pes;de_^_t_al Present use of P=oper-y Other (spec-fy)----------------- ------------��UPST---------Estimated --mated Const:scion Cost S DESCRIPTION OF ` Describe request in detail: --------------------------------------------------------------------------- VARIANCES REQUIRP.D _ Lot Area Lot Width Hardcover Rear) Setback Variances ( Front Side -- Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulaticns: E'i s r in%G g4Aek-L o P "OU LD if W ieSFYw7'y --------------------------------------------------------------------------- DESC.ZIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoninc Code Requirements: jjl PRp PMV rti e7ty [_G nJG /4ND /Mie AMO REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. S. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Man (obtained with property owners Iist). 7. As an addendum to this application, please attach a separate list or any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. ---- ----------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the abov•. information has not �e�. included. -------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date ------------------------------------------------------------- APPLICANT'S SI01ATURE The applicant hereby agrees to provide all informatics required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature L 1�-- a Date OWNERS SIGMTURE The owner hereby acko ledges 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 verifica ion of this request. Ou►ner's-Signature ------------�-�J--------- ------Date- ----------- Applicant must ha all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. • J •0 C fry62 + o l 1 43 (��) N �y q� SA fir (ui of PARr. LOT 55 . Q .C• +� all � �c �. t v. 1 •'�wr • is J, o .BA 33i&L1A • • . 4to' 3i 24 go 6A .,r4:,� :• i, �' �,�'r s �.M `y� E �� 17 IS I IS ' 14 i, /1,3 s R. L. � r • �,��aQyr. 16 30 r Z.0 7' 24 RUN DATE 07/11/89 �j. ' BATCH 005 38 07-117-23 24 0005 PROP ADDR 04445 FOREST LAKE LANDING ONNER NAME G L BAKER A R M LORE TAXPAYER GARY L BAKER AND NAME/ADDR REBECCA M LONE f� 4445 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0016 PROP ADDR 044SO FOREST LAKE LANDING ONNER NAME OLE OVERBOE ETAL TAXPAYER 0 OVERBOE NAME/ADDR 4450 FOREST LAKE LANDINGS HOUND MN 55364 �438 07-117-23 24 0024 PROP ADDR 04475 FOREST LAKE LANDING OWNER NAME RAY D HURLEY TAXPAYER RAY D HURLEY NAME/ADDR 4475 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0040 PROP ADDR D4470 FOREST LAKE LANDING 'i 014NER NAME JULIA KIMBALL NHITNEY TAXPAYER JULIA KIMBALL HHITNEY NAME/ADDR 4470 FOREST LAKE LANDING MOUND MN 55364 r. 38 07-117-23 24 0044 PROP ADDR 01134 HILDHURST TR OWER NAME DAVID H RAHN TAXPAYER DAVID H RAHN NAME/ADDR 1134 NILDFIURST TR HOUND MN 55364 HENNEPIN COUNTY PROPERTY INFGRHATION SYSTEM PROPERTY ONNERS LIST 38 07-117-23 24 0011 01080 HILDHURST TR DIANE E BENSON DIANE E BENSON 1080 HILDHURST TRAIL MOUND MN 55391 38 07-117-23 24 0017 04440 FOREST LAKE LANDING JOIiN E LACKEY A NIFE DANIEL C HALMSLEY 4440 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0037 04455 FOREST LAKE LANDING S E PYATT A K H PYATT S E PYATT A K H PYATT 44SS FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0041 04490 FOREST LAKE LANDING 1 L VOIT A J ii VOIT LOUIS L VOIT 4490 FOREST LAKE LANDING MOUND MN 55364 TOTAL BATCH OU5 00013 REPORT NO. PI435401 PAGE 21 11 07-117-23 24 0015 ..460 FOREST LAKE LANDING 0 A H OVERBOE OLE A HELEN OVERBOE 4450 FOREST LAKE LANDINGS MOUND MN 55364 38 07-117-23 24 0023 04475 FOREST LAKE LANDING Rt.Y 0 IIURLEY RAY DONALD HURLEY 4475 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0038 04465 FOREST LAKE LANDING R A K PETERS RAYWID H PETERS 4465 FOREST LAKE LAtiDING H("40 MN 55364 38 07-117-23 24 0042 04480 FOREST LAKE LANDING JUDSON C A FRANCHIE R ROGERS JUDSON C A FRENCHIE R ROGERS 4480 FOREST LAKE LANDING HOUND MN 55364 tO m-j&i r.:.i OKONOIMN 59-9- 3 CJC C UAL SIT BY K.F cmToFt ]go:Lk6E e�'y '"47 r)o.08-- _ 15 �. �' 1 tin g 1 <t' • J TRACE .Z 1 • 0� � „� 1 .+mow 1 v ,P v50 i3 � � LAkc51tc�2� ie„�Ack f.INL- i . I - 3 Y MpPu c,4v 7 - HWcoVER MCUTATION MORKSHM . SETBACK IONEt (CIRCLE ON) (:M 15'150' 150-500" 500-1NO EXISTING HARDCOVER IN ZONE 8JSFbe�p, .. A• HOUSE x - - LElICTH WIDTH .. • tof • x x_ x --- ." sort B. GARAQE _ x - - x C. DRIVEWAY D.. S I DEIIALK x _ a.f• to RATIO% F.LANDSCAPE x WAS UNDERLAIN x _ • .. _ !.f• PLASTIC ' A. OTHEx �. f. =-----•----� TOTAL HARDCOVER IN IONS TOTAL PROIERTY AREA IN ZONE ..' ' x 100 • 19. -«.. .. .. •... w.. •.r ...� M t+ i� Y AP C,� T -- HARDCOYER CALCULATION MORKSHEFT SETBACK ZOMBI (CIRCLE ONE) 0-15 j5-Z50• 150-500500-1(�0' EXISTING HARDCOVER IN ZONE RF'.r R✓ i NN• . A. 'HOUSE x LENGTH WIDTH X X X_ — 5-L .00 A. GARAGE x •" _ C. DRIVEWAY X - 2 S34.06 i D.. $IDEHALK .. X - X X a.F. E. SECK ATIO/ tID X - .�'� zero S.F. F.LANOSCAFE — x — AREAS UNDERLAIN X . - a•F. By PLASTIC r �� SHEETING X _ . SaF. X _ • a.F. 236bo a.F 9. OTHER x — — - -- - - �{ S'i0.00 TOTAL HARDCOVER IN ZONE • aoTOTAL PROPERTY Mu IN ZONE 1,40olwf •F• B A -�S�fl 0 _ g � 8d � x 100 19 4 i j Y 1pl ^ Pi I CA+-1I �, - HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-15' 75-250' EXISTING HARDCOVER IN ZONE AT TZL>, -------------------------- HOUSE X S.F. LENGTH WIDTH A. 250-500' 500-IOQO' X S.F. i X = S.F. X = S.F. X S.F. S.F. B. GARAGE X C. DRIVEWAY / X = S.F. X = S.F. D. SIDEWALK ✓ X = S.F. = S.F. X S.F. E. EATIO/=ECK / X - .. S.F. F.SCAPE AREA AREAS X • / S.F. UNDERLAIN X S.F. BY PLASTIC SHEETING X . S.F. X = S.F. G. OTHER X -------------- S.F. t. O , CO S.F. TOTAL HARDCOVER IN ZONE - ,\ TOTAL PROPERTY AREA IN ZONE OV S.F. �g X loo - O.oU v 19 _ g Y A-P P L 1 CAN T- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' s50' 250-500' 500-lQgO' ExI!iTING HARDCOVER IN ZONE ,4rTTr_., ��M •����MN��N�N�MM�� A. hUSE 2g.Si9 x LENGTH WIDTH x S.F. x S.F. •S.F. �r` x 2Z.00 • s .0 J0 S. F.® B. GARAGE Z '�� C. DRIVEWAY X •v w S•FC X• S.F. D. SIDEWALK X • S.F. SrAt'25 x • 60,0 S.F It E. EATIO/ x sore DECK 14.00 x .: •Q� • . — S.F. F. LANDSCAPE x .-- AREAS UNDERLAIN x . S.F. BY PLASTIC SHFETING X •� �_ S.F. • s.F, OTHER X 10 _ • Z 3� •� S. F G. •M M�NMN ' TOTAL HARDCOVER IN ZONE _ ' S.F. [J TOTAL PROPERTY AREA IN ZONE o A S 0 66 a (4 80�___ [� x ioo • _ 34 . 2-3 19 iI •� NN.i /9r 3�ir1 .153uo:l r �. 5T•4-1�F �,4�.bcoVt-� I�/��� - yN7D �or�csr ��r ,CNoG. �� At? a, = /y/got (. ro -10 22-xZs C0NC 0 ;mac-�vN�L t3!7-L4M ,a� f2- xGZ -7yy /_O YSo P� 35-r 6o�Z . Icrd x22j = zoq -2>0 $// 00 I = . 8 X Irt;o//y,eoI - '�' 0.'-) �o . CAttSPY •:,-r&F-F- RPPuCW Z3 0 2-79. f s L, -7,5 -2so P"Posrt> �L.(5r 914. New ,QpICOVONS �yXzy.r��(l`/.rX�o� j 2-`l3 R.zvrseo D€c1L oyh 2-9) yob /i G-I`' .7)� �� 4T G y GAOAvC- (212- n-e) = s-s o VOe- etAN /0k23 = Z30 rz"IStfl DZIVONJaM = 2-2-3a N ew SCOOT' 'I CtiS Z yG�=ly,Sol = 31,7 % Qrio�vas� /V V--r D 2 -�^ z,,,tv + ' 10 -_ s -`. Dw_*iw wwet Iuro LAW <� ` �•c Pic°J >> "•ej'O ?ROPo D eutlee --- '_ 3 y c' ai: 0 4 .t a w MAI �v�l1cp OFU ,• y ti 'D IBC rD 25o t3 IV ev " erw P�Nrn(,$ CTo:* 5 A) moo r, ✓!� "I X coo IU Z8 • �I Z 1�J ?qW o < < Hxro N DR4G14TQCJAfrU LAUU DKAIAI b>4TQ I►J�O {l�MNJ ) f, VIA TaourH vA6KlF.AG/ 1/ LI 1LIvS2. 2,76 t7t IrJL+� + � 19 E r7 _=WKII Exit Ili GA!:EJyF K:%_Cc*!s,)i Y 21 Cjo q 6., t R)� aSl F. MEWNINAVY AISZUILT MAM 11.4 __14.r 'FLOOK/C,&OUWVTtOC)K, =AWF: L'.. -*- - . . z ----------- -jo Fo;-CS- LAKT--LA-M,-'a. -IN--DAO',Q--IM% U5( rj 04ECIZE-D 31) /OL AtJUS. r-�) Al -J'D CSC RMLIMINAMAS IR)iLT 'FLAW T4-E Kim W rtwj RES Mvr-E AT 9AIQ MMfzW LAKE L& JU%NG oeouo MU ALL..-,Rz4Aft COi.rZTTL)AL T.AN OdsTG$ulzfuG Ik 4 I 1 1 lS14S�MEIJ'1" 1 �� k�m�► THE K1M 4M(MEY i.E81Li1�1JCB Ar 41io Tomw WKE tNmu& OROU0 IMAM SS3b1 AZA -4t-"ft . CONCF?TUAL PLAN EXIST INC. i"LDING t 1� Dwwms%A s 1 •,' k��P arnom �'t -- EAST 1'..9' Y rKeT+A i '�oA' 7-7HE KIM WHTTNEY-&EZiDfiF1GE__— -AT 9 q-TOIREST LAKF--LANDING - — OKONO�MU55:�iT)rL:�2 6888 COWL-arUAL`T1AN MJn4 I'-- -9' _ JDtEB S�--- . --THE KIM WN II,= R StD1�` A7 ` 1-40 TOMST LAKE L WDIW oRoUolss4�+Z -Cam ST cowc> "UL IrLAH 4 wrm to.*4� COUNCIL MEETING SEP 81989 CITY OF ORONO To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 6, 1989 Subject: #1437 John B.A. Idstrom, II, 2580 Fox Street - variance - Resolution Zoning District - RR-lB, Single family, 2 acre, unsewered Application - Request for variance to Section 10.03, Subdivision 9 (D) to allow barn to be located nearer the front lot line than the principal building on the property. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action of 8/22/89 Exhibit C - Memo & Exhibits of 8/14/89 Discussion - Applicant wishes to construct a horse barn on this odd shaped lot. The proposed barn meets all pertinent horse barn setbacks, and has a foot print area of 864 square feet, hence it is not considered as an oversized structure. The location of the barn was discussed during the subdivision of this property, but was of a part of the subdivision approval resolution and if a �riance had been granted with the subdivision, it would have fired by now. Planning Commission at their August 21, 1989 meeting voted to approve the proposed variance to allow the barn to be ,rer the front lot line than the existing house. Note that the existing nouse on the property is about 1,000 feet back from Fox Street. Staff Recommendation - Staff recommends approval per the attached resolution. 00IT33M WOU"i:) ON090 30 Y 141") A RESOLUTION GRANTING A VARIANCE TO NUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) FILE #1437 WHEREAS, John B.A. Idstrom, II (hereinafter "the applicant") is the owner of the property located at 2580 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Beau Marais, Hennepin County, Minnesota (hereinafter "the property"); and WHj.REAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a horse barn located nearer the front lot line than the principal building on the property. NOW, THEREFORE, BE IT RESOLVED by the -'ity Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1437. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 21, 1989, and recommended approval of the proposed variance based upon the following findings: A) The proposed setbacks and existing -.egetation tend to make the visual impact of this structure minimal. B) The hardship is that the existing house sits relatively near the rear lot line, approximately 1,000 feet back from the front lot 11ne. The long narrow shape of the lot makes it impossible to meet the required "public stable" setbacks on any other location in the lot. 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. Page 1 of 4 5. The City Council finds that the conditions exizting on this property are peculiar to it and do not apply genox.,..'.y to other property in this zonirt; distr,.::t; that crantinil the variance would not adver «1 y a "ect traffic cnndit._ons, light, air nor pose a file ha:._.rd 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, OR'.,r ? AND CONDI. IONS Based upon one or more of the findings noted above, the Orono City Council herelol rants a variance to the Municipal Zoning Code Section -10.03, Subdivision 9 (D) to permit the construction of a horse barn to be located nearer the front lot line _han the principa' building on the property, subject to the following conditions: 1. Only the 864 square foot barn is approved for construction at this time. 2. Authoritie .ranted by this r, ic: n w ' th the property not witri the applicant, bu :-mi . _ve only and must be exercised by applicatioi. building permi k ' thin one year of the date of C')v .,pproval, or thi variance .-ill e• ire on that date (St.. .�.tber 11, 1990). 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 herein, an3 shall be punishable as a misdemeanor. 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 re : o' this resolution in the chain of title of the wperty. Page 2 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrumaz:t was acknowledged before me on this 11th day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 ZONING FILE NO. 1437 CITY OF ORONO NOTICE OF PUININING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/22/89 --------------------------------------------------------------------------- TO: John B.A. Idstrom II COPIES TO: 2580 Fox Street Wayzata, MN 35391 TYPE OF APPLICATION: Variance ------------------------------------------------------------- DATE OF MEETING: 8/21/89 VOTE: 5 For 0 Against Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from t1,, City Recorder after review and appro-. - , by the Planning Commission. TO: Mayor Grabek and Council Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning & Zoning Admin. DATE: August 14, 1989 SUBJ: #1437 - John B. A. Idstrom, II, 2580 Fox Street Variance -Public Hearing Zoning District - RR-lB, Single Family, Two Acre, Unsewered Application - Request for variance to Section 10.03, Subd. 9D, to allows barn to be located nearer the front lot line than the principal building on the property. List of Exhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Site Plan Exhibit F - Proposed Construction Plans Pertinent Facts - 1. Applicant proposes to construct a horse barn with a footprint area of 864 s.f. This lot, being approximately 10.1 acres total (7.3 acres dry) was configured such that the existing residence sits relatively near the rear lot line, hence the need for a variance for an accessory structure between the front lot line and the principal residence. 2. The proposed horse barn w'11 be 150' from the west lot line, 186' from the street lot line, and approximately 21.5' from the east lot line, meeting the required horse barn setbacks for a private (or public) stable. 3. Existing vegetation will tend to screen this structure both from neighboring properties and from the street. 4. The principal structure se*backs of 50' on the front and 30' on the sides, are more than sa* _sfied, hence this barn will not appear as a front yard encroachment to the casual observer, if visible at all. 5. The barn has a peak elevation of 22', with the cupola extending another 4.5' above it. Both by definition and by relative elevation, this barn meets all of the pertinent height limitations for an accessory structure. 6. Noce that when the property was divided, applicant had Zoning File A1437-Idstrom August 14, 1989 Page Two of Two noted this was the proposed future barn location, and had placed the driveway accordingly to serve both the barn and residence. 7. Note also that only the barn is proposed to be constructed at this time. The plans submitted show a potential, future addition to the barn which will not be constructed at this time, but which would require a future zoning application due to the need for variances and a conditional use permit (the future addition would be attached to the barn at the roof line, and would consist of a garage and tack room that could potentially function as a guest house). Discussion - This application is similiar in nature to the recent Brown_ detached garage request on North Stubbs Bay Road. Adequate setbacks are provided so that the visual impact of this structure will be minimal. Also note that under the current code, this building would be exempt from the 1,000 s.f. floor area restrictions since it is a barn, and under the proposed Ordinance would fall within the limitations on accessory structure size for a lot of 10 acres in area. If an' when the new ordinance is approved by the Council, any future subdivision of the applicant's property would, of course, be subject to that new ordinance. Staff Recomenda.tion - Staff recom:-nends approval. Findings for a recommendation of approval could include the following: 1. The proposed setbacks and existing vegetation tend to make the visual impact of this structure minimal. 2. The hardship is that the existing house sits relatively near the rear lot line. The long, narrow shape of the lot makes it impossible to meet the required "public" horse barn setbacks on any other location in the lot. if r n Receipt - CITY OF ORONO - VARIANCE APPLICATION _ f Initial Application Fee $150.00 I E'..T 1 L7C ($50.00 per each additional variance Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ------------ -------------------------- PROPERTY LOCATION Site Address 2580 FQX ST9FFT Property Identif ication Number ( P . 1. D .) 3 st_n 7 -24 9 9 Please check one - Property x_ abstract or torrens? Attach legal description to application if not included on required survey. ---------------------------------------- APPLICAN,T Phone (home) k,= QQQQ Name JOHN B.A. InSTROM- II Phone (work) li _r+1► ---- _ ---------- Address _ 2580 Fix STREETCity:we_eT--------Z1F�-------- --- OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land.---------------- ------------------------------ PRESENT USE OF PROPffitTY Present Zoning District RESIDENTIAL Present Use of Property Rc5!DENTI41 Residential Other (specify) ------------- ----------------------- ----------- ----- DESCRIPTION OF RBQUEST Estimated Construction Cost $ in.ano — Describe request in detail: aARN VARIANCES REQUIRM _ Lot Area Lot Width Hardcover Side Rear) Setback Variances ( Front Side 10.3 SUSC(V '9(D) ACCESSORY RUTL DTNr, TN F "T nC MR-LUCJ BUILDING. HARDSHIP Describe undue hardship or practi,.;ol difficulty resulting from strict enforcement of zoning regulations: AREA PROHIBITS PUTTING A BARN BEHIND THE PRINCIPAL RESIDENC DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance 4ith Zoning Code Requirements: nNa MAR -,HI ANn ANn IHF mATIiRF OF TFjp 1_=C,, 6GT MAKES THIS THi QN] Y PI Af F TO MIT THE ArrFccnRX ---------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners witnir 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (n10) pre -addressed to each of the names on the above list with no return address (use address label obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. ---------------------------------------------------------------------- The Ppplicar.t and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ------------------------------------------------------------------------ Certificbtion by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. q Applicant's Signature , �Date Z �O o I 1 OWNERS SIGNATURE The owner hereby ack6wledg_ 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 re uest. y C� I�— Owner's Signaturdvea ----Date .pplicant must h submittals into the City offices 25 days before the .planning Commissting. Planning Commission Meetings are held on the third Monday of ear.h month. Applicants must be present at all scheduled review meetings of the ^linning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. .01 n • T .i L,: (j) LOT 1 co ••`` . _ .. Ott _ �' � ,` ,�h �I '4T �. • VP 141 I It r I a.. ,l NO. .tr,.. 11 i c , p of S z COT dr ;•iTt • I �. . n oils. E ., Ot iz r 1447 •`j 1► Off t1 N I; ? yi• r f1 _ ,flip. LL �0 I � t l LOT 20 -. ��.• FOXY ,r-•r. s "" i87i ,.—.•,—.� ,..+ 300 :S J• .!� LOT ' l' 2 to N /O LOT 10 O Sid 25 ' t ( TO BE RUN DATE 07/19/89 BATCH 005 38 04-117-23 13 0002 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME G J DODD TAXPAYER G J DODD NAME/ADDR 1231 ARCHER LANE PLYMOUTH MfJ 55447 38 04-117-23 14 0005 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME THE STATE OF MINIESOTA TAXPAYER STATE OF MINJESOTA NAME/ADDR/. R C HESSBURG SP AST ATN GL BOX 38 CENTENNIAL OFFICE BLG ST PAUL MN 55155 38 04-117-23 41 0005 PROP ADDR 02420 FOX ST CRIER NAME JOHN M d SUSAN B RINGER TAXPAYER JOHN A SUSAN RINGER NAME/ADDR 2420 FOX ST WAYZATA MN 55391 30 04-117-23 42 0008 PROP ADDR 02640 FOX ST OWNER NAME D A J PLUCKER TAXPAYER DARRELL A PLUCKER NAME/ADDR 2640 FOX ST WAYZ4TA HN 55391 38 04-117-23 43 0009 PROP ADDR 02625 FOX ST OWNER NAHE D A E PETERSON TAXPAYER DAVID E PETERSON NAME/ADDR 2625 FOX STREET WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Or*IERS LIST 38 04-117-23 14 0002 00305 14ILLON OR S D R CARPENTIER/C M CARPENTIER DANIEL R CARPENTIER 305 WILLOW DR SO LOUD LAKE MH 55356 38 04-117-23 41 0003 02650 FOX ST K d K ANDERSON KEITH E KATHLEEN ANDERSON 2650 FOX ST WAYZATA HN 55391 38 04-117-23 41 0007 02580 FOX ST JOHN B A IDSTROM JOHN B A IDSTROM 2580 FOX ST WAYZATA HN 55391 38 04-li7-23 42 0009 Uz630 FOX ST DEAN R LINDBLOOM ETAL DEAN R LINDBLOOM 2630 FOX ST WAYZATA MN 55391 38 04-117-23 44 0002 00038 ADDRESS UNASSIGNED LYNDON S STUBBS ETAL LYNDON S STUBBS 185 OLD CRYSTAL BAY RD LONG LAKE HN 55356 REPORT NO. PI435401 PAGE 11 38 04-117-23 14 0003 00405 WILLOW DR S CHARLES JUDD RINGER A WIFE CHARLES J RINGER 405 WILLON DR S LONG LAKE MN 55356 38 04-117-23 41 0004 00038 ADDRESS UNASSIGNED WILLIAM E OGRAM ETAL DEAN R LINDBLOOM 2630 FOX ST WAYZATA MH 55391 38 04-117-23 41 0008 OZ590 FOX ST DAVID M R PATRICIA K OSTREIM DAVID 3 PATRICIA OSTREIM 2550 FOX Si WAYZATA MN 55391 38 04-117-23 42 0010 02620 FOX ST THEO WANGENSTEEN JR TRUSTEE G JAY R T L BUHRER 2620 FOX ST WAYZATA 114 55391 TOTAL BATCH 005 00014 BEAU MARAIS an for access to Lot 2 through the South part of Iveway purposes over that part of lot I. Block 1, Iles within feet on each side of the following ne: the Southwest corner of Lot 2, Block 1, BEAU MARAIS; ssmed bearing of South 89 degrees 20 minutes East h line of said Lot 2 a distance of 180 feet to the ping of the centerline being described; thence South- ng to the right 92 degrees a distance of 150 feet; kng to the left along a tangential cL•ve concave to with a radius of 375 feet and central angle of (stance of 274,89 feet; thence deflecting eight along urve concave to the Southwest with a radius of 300 tersectloc with the South line of said Lot 1, and •e there ending. on for access to the North part of Lot I through Iveway purposes over that part of Lot 2, Block 1, Iles within _ feet on each side of the following ne: the Southwest corner of Lot 2, Block 1, BEAU KM'IS; ssuaed bearing of South 89 degrees 20 minutes Eas h line of said Lot 2 a distance of 180 feet to the nirig of the centerlinE being described; thence lecting left 88 degrees a distance of 84 feet; ing to the right on a tangential curve concave St with a radius of 100 feet and Central angle a distance of 43.63 feet; thence Northeasterly, last described curve a distance of 90 feet; Ing to the right along a tangential curve con- utheast with a radius of 200 feet and central grees a distance of 101.23 feet; thence deflect- t along a tangential curve concave to the West of 50 feet and central angle of 108 degrees a .25 feet; thence Northwesterly tangent to the curve a distance of 105 feet; thence deflect- nt along a tangential curve concave to the past 3f 50 feet and central angle of 61 degrees a ' .13 feet, and said centerli:e there endiny. CO feet 1987 • : ; staked September 29, 1986) r ' f andmark • • �Y INC. rveyors,'Planners u ,„ eta • L is . 1. f LA— J r�k �irl Lt COUNCIL MEETING 9EP 81989 Mayor Grabek & Orono Council Members CITY City Administrator Bernhardson 1 OF ORONO Michael P. Gaffron, Asst Planning & Zoning Administrator September 8, 1989 ..sect: #1439 Lawrence Langhans, 1366 Rest Point Road - After -the -Fact Conditional Use Permit/Variance Zo:�j.ng District - LR-lB Appiteation - Request for after -the -fact approval to construct retaining walls and deck in 0-75' setback zone. List of Exhibits Exhibit A - Planning Commission Action Notice 8/22/89 Exhibit B - Planning Commission Minutes 8/21/89 Exhibit C - Photo Submitted by Applicant Exhibit D - Letters of Support from Neighbors, Submitted by Applicant Exhibit E - Proposed DNR Shoreland Rules (excerpt) Exhibit F - Memo & Exhibits of 8/16/89 Exhibit G - Resolution Discussion - Please review the memo and exhibits of August 16, 1989. Briefly, applicant is requesting after -the -fact approval to construct minor retaining walls to repair erosion which occurred in 1987, and to construct a 220 square foot. deck above the remainder of the foundation of the boat house which existed prior to that storm. In reviewing this application, staff found the scope of the retaining walls is relatively minor, dnd the walls already in place and yet to be completed are definitely necessary to help protect and stabilize the bank. Old walls on the property are well screened visually from the lake, and the new walls appear to blend equally well. The deck was constructed without permits atop of a remaining portion of the foundation of the boat Louse which existed until the 1987 storm. That boat house was damaged in that storm and the applicant removed it, lz;ving the northerly wall and portions of two side walls in place to stabilize the bank. The City's philosophy and policy in the past has been that when such boat houses (which are considered as non -conforming structures) are damaged or destroyed, the foundations may remain in place and should be covered over. This provides a stabilizing effect on lakeshore bank at which most such structures were locatf -i ahr���r� .�I;iit�s;�,► A r Zoning Fill #14 � September 8 ' 1 4CYJ Page 2 of 3 In this case, the remaining foundation walls abut a steep slope and cannot be filled in, so that the rear foundation wall will be relatively visible from the lake. Applicant constructed a deck using a portion of this foundation wall, over the former footprint of the boat house. The deck is at grade at o.ie side and about 8-10' above grade on the lake side. The deck has a railing to make it safe. If the deck wasn't there, some sort of railing or fence would be needec, at the top of the bank at the foundation wall, to make it safe. Planning Commission Recommendation - At their August 21st meting, the Planning Commission reviewed the request and voted 5-0 to recommend partial approval. The :Tanning Commission recommends denial of the after--thu--fact ,�•azianre for the deck, finding that such a structure would not likely be approved even if requested before -the -fact. The Planning Commission felt that the previously existing boat: house structure did not justify construction of a deck to replace it. At the same time, the Planning Commission recommended approval of the existing and proposed retaining wall construction stipulating that the pre-existing concrete foundation wall remain in place but that a fence or suitable safety barrier be errected above it. DNR Proposed ;rules - The requirement for removal of this deck would be generally consistent with past City policy and practice. Staff does feel obligated to make the Council aware of proposed DNR rules regarding accessory structures at the lakeshere. These rules are merely a recommendation, and arc merely proposed as a model ordinance for cities to adopt. However, those rules would allow an accessory detached deck similar to the applicant's deck, to be constructed under the following conditions: 1. Maximum height above grade - 81. 2. Maximum footprint area - 250 square feet. 3. Setback from the ordinary high water level must be at least 10'. 4. Treat the structure -uce visibility as viewed frcm public- waters, using -t_ cation, topography, increased setbacks, color or . her methods (assuming summer. leaf -on Conci,-!,on5 ) . 5. Cannot be plumbed. Zoning File #1429 September 8, 1989 Page 3 of 3 The decx in question appears to exceed the height stipulation of this model ordinance, but that is due to the change in topography. If such an ordinance was ever adopted, it would he up to the City to determine whether applicant's deck meets the height criteria. Agair, remember that this UNR rule is not in effect but is one that Orono may well be approached to cony -'er adopting at some future date, given the amount of lakt cr.: in the City. Staff Recoa endation - Staff would recommend approval of the retaining walls, finding that they are minor in scope but necessary to prote-t the lakeshore bank from further *-`on. Staff does not the Planning Commission recommendation, however, as x -equests that Council consider th( fact that this deck nch Jess intense use than the pre-existing boat house, whit-_ he removed voluntarily without realizing permits were necessary for that removal or deck reconstruction. As noted in the Planning Commission me--n, if Council ultimately determines that the deck can remain, the scue of screening should be addressed. i. resolution reflecting the Planning Commission recommendation to allow the retaining Walls but deny the deck is attached for Council review. A ABSOLUTION GRANTING A LIMITED AFTER -THE -FACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 AND SECTION 10.55, SUBDMSION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 PILE #1439 WHEREAS, Lawrence applicant") is the owner of the Point Road within the City of legally described as follows: Langhans (hereinafter "the property located at 1366 Rest Orono (hereinafter "City") and Lot 2, Block 1, Rest Point, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicant has made application to the City of Orono for after -the -fact approval of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, and Section 10.55, Subdivision 8, and a conditional use permit per Section 10.03, Subdivision 19, for the construction of retaining walls in the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed, and further for the construction of a deck located 10' from the lakeshore where no such structure is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 41439. 2. Thy property is located in the LR-lB Single Family Lakesho�•. Residential Zoning District. 3. The 0:-ono Planning Commission reviewed this application on August 21, 1989, and recommended on a vote of 5-0, partial approval of the proposed after -the -fact variance and conditional use permit, making the following findings and recommendations: Page 1 of 6 A) The Planning Commission recommended denial of the after -the -fact variance for the deck construction finding that such a structure would not likely be approved even if requested before -the -fact. The previously existing boat house structure does not justify construction of a deck to replace it, where neither structure would normally be allowed under current codes. No hardship was demonstrated that Justifies granting of the necessary hardcover and set- back variances to allow the deck to remain in place. B) The Planning Commission recommended approval of the existing and proposed retaining wall construction, finding that the proposed walls are necessary for protection of the stability of the lakeshore bank while being minor in scope so as to have an insignificant impact as viewed from the lake. In conjunction with the retaining walls, Planning Commission recommends approval of leaving the pre-existing concrete foundation walls in place but that the wall be capped with a fence or suitable safety barrier. C) The City Council finds that after -the -fact approval of the proposed deck would be inconsistent with the policies stated in the City of Orono Comprehensive Management Plan and would be inconsistent with past City actions in similar situations. D) The Council finds that granting of the after -the - fact variance to allow the deck to remain would result in the following violations of Section 10.08, Subdivision 3 (A) of the zoning code with which the applicant must first comply before the requested variances can be granted: a) The property in question can be put ( a reasonable use if used under conditions allowed by the official controls. The applicant does have access to his lakeshore and has suitable area outside the 75' protected setback zone in which a grade -level deck could be constructed. b) The plight of the land owner is due to circumstances created by the land owner and not unique to the property. Page 2 of 6 c) The special conditions applying to the structure or land in question are not peculiar to this property but are typical of many properties in the area. d) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant. e) The granting of the variance will merely serve as a convenience to the applicant, but no hardship has been demonstrated which justifies granting of the after -the -fact variance. The City Council finds that regarding the retaining wills, the conditions existing on this property are peculiar to it and do not apply generally to other property in this zon=ng district; that granting the variance to allow construction of retaining walls would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; 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 finds that granting a conditional use permit to allow the construction of the proposed retaining walls will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danager to neighboring properties, would not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; is necessary to preserve a substantial property right of thA applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 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 1n.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 for after -the -fact approval of retaining wall construction in the 0-75' lakeshore setback zone, but further denies after -the -tact approval for similar variances and conditional use permit for construction of a deck located 10' from the lakeshore where no such structure is normally allowed, subject to the following conditions: 1. Applicant shall be allowed to complete the retaining walls as shown on the attached survey (Exhibit A). Applicant shall provide the City staff with a planting schedule to indicate how those wood retaining walls will be screened by vegetation. 2. Applicant shall remove the 12'xl8' deck within 60 days of the adoption of this resolution. Applicant shall further provide a suitable fence or similar sa-Jety barrier at the top of the remaining concrete foundation wall. The concrete foundation wall may remain in place, in order to provide support and stability for the steep lakeshor--! bank behind it. 3. Applicant is encouraged to screen the concrete foundation wall facing the lake with vegetation or by painting the wall to blend in with the surroundings. 4. Hardcover in the 0-75' zone shall consist solely of the following items: Wood stairs Upper landing Lower platform Rock retaining walls Wood retaining walls Total 112 s.f. 30 s.f. 16 s.f. 7 s.f. 45 s.f. 210 s.f. or 2.7% (area of 0-75' zone = 7,800 s.f.) The applicant is advised that no future additional hardcover will be allowed in the 0-75' zone. Page 4 of 6 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the retaining walls within one year of the date of Council approval, or this variance will expire on that date (September 11, 1990). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 rec arding 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 llth day of September, 1989. ATTEST: Dorothy F.. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf Of the City. Notary Public My Commission Expires Page 5 of 6 ZONING FILE NO. 1439 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/22/89 --------------------------------------------•------------------------------- TO: Lawrence Langhans COPIES TO: 1366 Rest Point Road Mound, MN 55364 TYPE OF APPLICATION: Variance/Conditional Use Permit -------------------------------------------------------•---- DATE OF MEETING: 8/21/89 VOTE: 5 For 0 Agaiiist Planning Commission recommends the following: Partial approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Deny after -the -fact variance for deck construction; finding that such a structure wo,:.ld not likely be approved even if requested before -the - fact. The previously existing boathouse structure does not justify construction of deck to replace it. 2. Approve existing and proposed retaining wall construction, approve leaving pre-existing concrete foundation walls in place, require that the concrete foundation wall be capped with a fence or suitable safety barrier. Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION METING AUGUST 21, 1989 ZONING FILE #1438-PILISBURY CONTINUED There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of application #1438, for a 6" height variance for a serpentine brick wall. Motion, Ayes-5, Nays-0, Motion passed. #1439 LAWRMM E. LANGHANS 1366 REST POINT ROAD AFTER -THE -PACT CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 8:50 P.M. TO 8:53 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this public hearing. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the applicant was seeking after -the - fact approval for a deck and retaining walls in the 0-75' setback zone. Gaffron said that at one time there was a boathouse, but in the 1987 storms the boathouse was damaged beyond repair. The applicant removed the damaged structure, but left a portion of the concrete walls to act as a retaining wall for the bank. Mr. Langhans then built a deck using the pre-existing foundation as partial footing. The applicant is also constructing another section of retaining wall adjacent to the deck. He said that it was staff's recommendation that the foundation should remain because it is helping to stabilize the bank. Staff also believes that the retaining walls are also necessary. Gaffron noted that there were several letters supporting this application. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Johnson stated that if this application were not after -the -fact, the Planning Commission would not have recommended approval to build the retaining walls. He felt that they were now forced to act and that Mr. Lapghans should have been aware of the City's codes and ordinances due to his profession as a realtor. Mr. Langhans explained that : had done what was necessary to prevent further erosion. Johnson noted that the City was issuing emergency permits for bank stabilization after the July, 1987 storm. Mr. Langhans also mentioned that he had reduced hardcover. Gaffron said that removing the concrete wall would provide support for the '•ank for quite some time. It the wall were removed ani' an ,npt made to reconstruct another wall, the support would be .." ned. Gaffron said that in the past it has been the City's F,:. y to allow the foundation to remain and fill in around it. Gal' in said however, in this case, any fill may 12 MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE #1439-LANGHANS CONTINUED wash away and nothing would be accomplished. Bellows questioned whether the decking could be removed. Gaffron said one concern about eliwinating the deck is that there the steep slope and a railing or dense plantings is needed. It was moved by Planning Commissioner Bellows, seconded by Planning Commissioner Johnson to recommend denial of the after - the -fact request for construction of a deck in the 0-75' setback area, but that the applicant be allowed to maintain the existing foundation wall, as well as the retaining walls on either side. Motion, Ayes-5, Nays-0, Motion passed. #1440 FIRST NATIONAL BANK OF THE LAKE- 2445 SHADYWOOD ROAD RENEWAL VARIANCE i COMMERCIAL SITE PLAN REVIEW PUBILC HEARING It was moved by Chairman Kelley, seconc sd by Planning Commissioner Cohen, to tame this application. Motion, Ayes-5, Nays-0, Motion passed. I►,WmM TION ITEM There will be an optional meeting of the Planning Commission on September 6, 1989 at 7:00 p.m. APPROVAL OF MINUTES It was moved by Planning Commissioner Cohen, seconded by Chairman Kelley, to approve the Minutes of the July 17, 1989 Planning Commission Meeting. Motion, Ayes=5, Nays=0, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commissioner, Jeff Johnson, would represent the Planning Commission at the September 11, 1989 City Council Meeting. ADJOURNMENT The August 21, 1989, Planning Commission Meeting adjourned at 9:15 p.m. 13 � � _���:�a:�'.:y!� � � _ •Z _ ,'�'�:.. .. �� • is ' ; sue'. ' •' _ _. :.:ram :- —._=.: ��'��� _ ". Woollp 1,411. lk .h •��, a � .� tea.• \. '��• r' • _ Y : `,ate �'• � �•j 1. ,• 1"♦t tt .e} �'2►;^ jt (•.tom' f , f , 'r �y.y .► 4 . ran• � ',� t co: 1 i f t t 111111 1 a IqN ic, e-,?- — -- — -- - - - - - — — I 4rriu., -pi.A*VPV1X-If- a$" 7c ?--D /aryl vv purlevc, Re r- AR a A/(& 1'409 Mi Wc V .,,F 4: n 7- i 3 6- 7�3 r -?c 7 00. 7.tt VVU Uww LW4K q. 410 eft cy CcLi-cli.— D F.5,6,v QVo W,Ofzk- 9/vo i=C(L, —,Wt!- I v7 j9p p -7 'o -V , o , - " e-.vr it milucs -ro -rm,, 'vcic# vc, P;:k IV-r7 0jr- BAAIK_. -F,-- y u � ve A r, y a ",Fs RL d-,t5c- .15 / IV C-C-gn-yl D T6�ae�AUCS 137" Rest Point Road Orono, IHN 55364 ,august 16, 1989 Ms. Jeanne b,abusth Orono City Co,. ncil Orono City ►?all 1335 S . Brown Road czono, *.,N 55323 Dear I•:s . %'-abusth, { i1e are %friting you this let.er in response to correspondence we rece=ved from you re-arding landscape improvements made at the residence of Larry Langhans at 1366 Rest Point Road. :i.r. Lazighans has experienced a pro:.lem over the years with rain stater washing down from the street causing erosion on his hillside property and also damming the foundation of his boat house. I offered to help him correct this proclem and aid him in building tie walls on either side of a deck he installed using the boat house fc.:ndation. In my professional opinion as a operating grade foreman in the construction business this was a good solution as it does not change the direction of thtL water flow but only serves to slow down the flon so as to prevent any further damaCe to his property. We feel that the improvements - 'e to Yr. Lanzhans residence this simmer make his home an asset the nei=h'corhood and the community. if i can be of any furti... _ assistance in this matter please call me at home any evening - 472-442-. Sincerely Kirk .,nderson Arzy =nderson August 14, 1989 City of Orono PO Box 66 Crystal Bay, MN 55323 Re: Langhans Request For Variance (1366 Rest Point Rd.) Gentlemen: We wish to support the Langhans' request for a variance for their deck which has been placed over an existing floor and walls of an old boathouse. There has been a concern that any heavy rain would wash out the old walls and create a strong likelihood that two very large trees would be undercut by such a washout. The loss of these trees would be a great loss to the appearance and value to both the Langhans and our property. The deck that is in place does not, we believe use up any more ground than the boathouse floor, and as such should be permitted. If the deck was not thEre some significant wall construction would be necessary to support the existing steep hillside. If you desire additional inform ition from use please call 472-3936. Very truly yours, GtJ� eR.1o01��— Theresa A. Bloom 1374 Rest Point Road Orono, Mn. 55364 August 8, 1989 Lawrence E. Langhans 1366 Rest Point Rd. Mound, rod 55364 Dear Mr. Langhans: It is our understanding that you are seeking an approval from the City of Orono for the reconstruction work and deck addition over the foundation of a previous boat house. We would like to state, as a nest door neighbor on the east side of the property, .hat we have no objections to the addition remaining and feel it actually enhances the appear- ance of the property. Sincerely, e 4t!/ Richard J. and Marge A. Wett 1354 Rest Point Circle ���� ���� Q J J/j 4' l� � � J � / mix-• � S 3 �� � Mctmc� , Iq n 4a �rt4�.� v " DA19 eta o� ate' n #bSf11 � �Ir1oDE� ORl1. o�� y� .y historic sites. No structure may be placed nearer than 50 feet 2 from -the boundary of an unplatted cemetery protected under 3 Minnesota Statutes, section 307.08, unless necessary approval is 4 obtained from the Minnesota State Archaeologist's Office. No 5 structure may be placed on a significant historic site in a 6 manner that affects the values of the site unless adequate 7 information about the site has been removed and documented in a. 8 public repository. 9 Er F. Proximity to roads and highways. No structure 10 shall may be placed nearer than 50 feet from the right-of-way 11 line of any federal, state, or county trank highway; or 20 feet 12 from the right-of-way line of any town road, public street, or 13 others not classified. 14 H- G. Height. All structures in residential 15 districts in cities, except churches and nonresidential 16 agricultural structures, sha== rust not exceed 35 25 feet in 17 height--anleaa-aaeh-atree-area-are-apereded-aa-part-ef-a-planned 18 grit-derelepment-pesraeant-to-t=e-areeedarea-get-fert4-in-part 19 6iHT3866. 20 E---sae-total-a-ea-o=-alp-i:tperyioaa-aarfaeea-on-a-let 21 shell-net-exceed-39-peree-t-o=-tse-total-let-a•ea- 22 23{-l�-Eeetae�aea--ap-be-leeated-lerzdward-ef-the 24 ordinarp-higF:-water-nark-aa-a-eonditienel-tae-prodided-thee-are 25 not-eyed-for-hebitat-en-and-` .eY-de-not -cer.tftTn-aanitarp 26 facilitiea- 27 t2t-bocation-o=-g=era-and-deeka-shall-be 28 cent roll ed-by-appiieab:e- eta te-and-fecal-re:ea: 29 -a 30 proposed-besildir.g-site;-atrtett-ai-aetbaeka-�+ap-be-altiered-te 31 take-aetbaeka-e=-ex:ati�g-atrt-ttrea-into-eccersnt- 32 f4+-Eemmerc:a:,-=ndt9trial=-or-permit ted-epee 33 apace-uses-reat iring-leeatie--on-pesblie-waters -me p-be-allowed-as 34 eenditional-tsee -eleaer-to- ate -wet ers-than-the- set beck a 35 see eified-in- this-stbee rt7 36 H. Accessory structures and facilities. All 37 accessory structures and facili==es, except those that are 38 water -oriented, must meet or exceed structure setback 39 standards. if allowed by local government controls, each 40 residential lot may have one water -oriented accessory structure 41 or facility located closer to public waters than the structure 42 setback if a:l of the oliowino standards are met: 43 (1) The structure or facility must not exceed ten 44 feet in heiaht, exclusive of sa-'ety rails, and cannot c,.:cupv an 1 area qr 2 exceed ter than 250 square feet. Detache nht feet above grade at any point. y ,... ., � bla decks must not 3 (2) The setback of the structure or facility from 4 the ordinary high water level must be least ten feet. 5 (3) The structure or facility must be treated to 6 reduce visibility as viewed from public waters and adjacent 7 shore an s by vegetation, topography, increased setbacks, color, 8 or other means acceptable to the local unit of government, 9 assuming summer, leaf -on conditions. 10 (4) The roof may be used as a deck with safety 11 rails, but must not be enclosed or used as a storage area. 12 5 The structure or facility must not be 13 desi ned or use or human habitation and must not contain water 14 sup2ly or sewage treatment 7acilities. Any accessory structures 15 or facilities not meeting these criteria, or any additional 16 accessory structures or facilities must meet or exceed structure 17 setback standarcls. 18 I. Stairways, lifts, and landin s. Stairwa s and i9 lifts are the preferred alternative to ma or to o raphic 20 a terations for achieving access up and down bluffs and steep 21 slope- — shore areas Stairways and li is must meet the 22 follc `esign requirements: 23 (1) Stairways and lifts must not exceed four feet 24 in widt_ii on rest ential lots. Wider stairways may be use for 25 ccmm7•rc ll properties, public open -space recreational 2A -p operties, and planneci unit develooments. 27 (2) Landin s for stairways and lifts cn 28 residential lots must not exceed 32 square feet in area. 29 Lan inns larger than 32 square feet may be used tor commercial 30 properties, ub is open -space recreational properties, and 31 planned unit develooments. 32 3 Canopies or rocfs are not allowed on 33 stairways, lifts, or landings. 34 4 Stairways, lifts, and landings may be either 35 constructed above the ground on posts or oilin s, or placed into 36 the ground, provided they are designed and built in a manner 37 that ensures control of soil erosion. 38 (5) Stairways, lifts, and landings must be 39 located in the most visually inconspicuous portions ot lots, as 40 viewed from the sur ace of thepublic- water assuming summer, 41 leaf -on con itions, wheneve F75] al. 42 (6) Facilities such as ramps, lifts, or mobility 43 paths for physically handicapped persons are also allowe for 28 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 16, 1989 Subject: #1439 Lawrence Langhans, 1366 Rest Point Road - After -the -Fact Conditional Use Permit/variance - Public Hearing Zoning District - LR-lB, 1 acre, sewered Application - Request for after -the -fact approval to construct retaining walls and deck in 0-75' setback zone. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notes Exhibit F - Staff Hardcover Review Exhibit G - Enlarged Air Photo Exhibit H - Section 10.55, Subdivision 26 Pertinent Facts - 1. This property originally contained a 10.9'xl8.2' boat house, with concrete walls. That boat house was located about 10' back from the shoreline, at the base of a steep slope. That boat house was damaged in the 1987 storms and applicant took the initiative to remove the damaged structure, leaving the portion of the concrete walls that act as a retaining wall for the bank. Applicant then constructed a 12.2'xl8.2' deck in the same location as the pre-existing building, using the pre- existing foundation as partial footing for the deck. 2. Due to the bank erosion that occurred in 1987, applicant is constructing approximately 24' of retaining wall adjacent to the deck. An 8' section 3'-4' high is needed between the steps and the ld foundation wall at the top of the stairway. A section about 16' long at a height of 2'-5' is partially completed just west of the old foundation. A similar older existing wall directly east of the lakeshore stairway appears to be holding up quite well. This retaining wall is totally screened by existing shrubbery and bushes so that it is not visible from the lake. 3. Hardcover in the 0-75' zone is 425 square feet or 5.4%, of which just over half is due to the deck that was constructed. (Hardcover in the 75-250' zone was not reviewed.) zoning File #1439 August 16, 1989 Page 2 of 3 4. The zoning code sect ins dealing with construction in the 0- 75' zone are 10.22, 'visions 1 and 2, 10.55, Subdivision 8, and 10.55, Subdivi. n 26, Subsections E, F and G. These sections indicate that if the pre-existing boat house, which is considered a non -conforming structure, is destroyed to an extent of 50% or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this section. This would generally mean that the boat house cannot be rebuilt. That section goes on to read, "however, the :;ity may issue a conditional use permit for reconstruction if the use is located outside the floodway and, upon the reconstruction, is adequately floodproofed, elevated, or otherwise protected in conformity with this section". Section F states that uses (or structures) that become a nuisuance will not be entitled to continue as a non -conforming use. Subsection G suggests that if a conditional use permit for such a structure is issued, the structure will no longer be considered as non -conforming. Discussion The retaining walls, appear to be necessary and of a minimal visual impact as well as being constructed to solve an existing problem. Staff feels that the major significant issue in this application is whether the deck should be allowed to remain. In past similar circumstances where lakeshore structures are removed, the City has always supported the idea of leaving foundation walls in the ground to support steep banks, with the idea of either screening those walls from the lake with vegetation, or filling in the foundation with dirt. In general, up until 1987 the City had taken a relatively strict view on replacement of structures near the lakeshore, generally holding that those structures should ultimately disappear. However, in 1987 an application was approved for after -the -fact total reconstruction of a deck which had totally deteriorated on the shoreline of Maxwell Bay, and the new deck was much more visible than the old structure. In the current application, the deck provides a dual purpose not only of providing a useful structure where a previous building once existed, but provides a railing to make the pre- existing foundation wall safe. Some sort of railing or shrubbery would definitely be needed if the deck wasn't there, since there is a sheer drop of about 81. Also, in this case the remaining foundation walls could not reasonably be filled in with more than the 1-2' of sand already in place. Zoning File #1439 August 16, 1989 Page 3 of 3 Another factor to consider is the visual impact of the concrete foundation wall as viewed from the lake. The deck probably tends to create some shade patterns which break up the mass of the wall, perhaps tending to hide it. On the other hand, the deck appears from the lake as a platform that wasn't previously there. Staff would wonder whether the wall could be screened with some type of vegetation, and whether or not the existence of the deck would have some effect on that screening. Staff Reco endation - The retaining walls as proposed and as partially constructed would appear to be appropriate and functional, and staff would recommend after -the -fact approval of the proposed retaining wall construction. If no boat house had previously existed, this deck would not likely be granted a variance for construction. However, the fact that the deck replaces a pre-existing boat house, in conjunction with the provisions of Section 10.55, Subdivision 26 (E), may have a bearing on the Planning Commission's recommendation. Subdivision 26 (E) appears to not totally preclude the City's ability to issue a conditional use permit for the deck. If the Planning Commission recommends that the deck be allowed to remain, you should indicate whether (and how) it should be screened, and also address the hardships or factors that justify the approval recommendation. You may wish to address screening of the remaining foundation wall even if a recommendation for deck denial is forthcoming. Staff would strongly recommend you visit this property to see the structure in question. CIT'I OF ORONO - G nMAL LAND USE ABPLI .-N_ ;. •�:'t .. ►., t PROPERTY LOCATION ,cam" �"'� r�,.�� •; Site Address Property Identification Number ( P . I . D . ) &Z-a� Please check one - Property abstract or torrens? - (for Conditional Use Applications only) Please attach legal description to application if not included =. on required survey.—/c--s� L—_E,��J?LL--------- -------------------% _ ---------- Phone ( home ) 74—/�.3i APPLICANT Name Z 77G"15Phone (work) Address / es --------------------- -------------------------------- OWNER------------C--i-ty-- l--Z1D-3 -S J�6 (if different than applicant) Phone (home) Phone Name Address City Zic Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. ----------- ------ ------------------------------------ ---------------------- FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use _ $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use >— $200.00 f) Land Alteration Grading and filling - designated flood lain ypt,,, Itk& Grading and filling - 101 cu. yd. �=-74 Grading, seawall, retaining walls 'bar-4 of lakeshore PRD/PID - see fee schedule OTSEB APPLICATIONS $150.00 '— $250.00 $150.00 $ 50.00 $250.00 $100.00 Other - wetland or or. more with4.-1 75' Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning Appeals see fee schedule PRESENT USE OF PROPERTY Applicant's Present Zoning District Present Use of Property esident'as Other specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: JRMUTB STTBMITrALS Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-503 Government Center'348-3271) C3 Stamped, legal sized envelopes (#10) pre -addressed to each of the names �-. on the above list with no return address. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land -� alterations involve changes in elevation (grades). Construction plan, if applicable, (see staff cr requirements). Plat Map "r- cce: A ' _ 8. As an Mendum to this application, please c ..:h a separate list of any other persons you wish notified of this a::iication. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not ccmplete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. signature ts., r Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature �z—r Date --------------------------------- ----------------------------------- Applicant must have all submittals in o the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. PT. Opp FT. OFF lOT 71 e0 w Cpq Jw: 00) �� A P•f �o ��a Or 2 'r 17 Ni ly / ��� d v r •�� I I 4 /,, !+il./ %S i0�\i _ �201.)� N11�RS �> �� -�' `y rnlsr00, i fi .COv[ 4 -.4 ; } ' • 7� _��r0 N'/j0� . `wa,�`. S�yw y 74 �C1`I:� r sr . ., �y� sb}*� �„' S3f �IL��37 a c ',• = . 1z44a� ' .s 13 s•iitru J. 1. ♦ . 1 j'� 76 $}� 4 ..�Po�nt f >fnA tM alloys a. ! h, L2 1. .; " je Qt � y• • , <' .1 � d � � '• .e , 3 1 tl. ��r, Irr •" 1^I S c LOT 14 REST tir1 ) 7 �s peen vacated I 10 r 1 lit CA 1 2 + 16('j1) _ •, �60� 11 . f1 1z�jA� a '='' l^l „A moo, +(�zJ jacro :. 4 QP -'-)-'-REST PO r LK •©��� Vq /vole: Lof .4 Tonkdvlew Gq 38 07-117-23 33 0011 PROP ADDR 01385 REST POINT RD OWNER NAME SUZANNE R AUSTIN TAXPAYER SUZANNE AUSTIN NAHE/ADDR 229 OAKNOOD RD HOPKINS HN 55343 38 07-117-23 32 0062 R J & M A WETT RICHARD J & MARJORIE A WETT 5515 K! I IBU DR EDINA MN 55346 f TAXPAYER LAWRENCE E & HF'_cN LANGHANS NAHE/ADDR 1366 REST POINT RD MOUND MN 55364 �w 38 07-117-23 33 0012 01374 REST POINT RD G R BLOOM & T A BLCOM GEORGE R & THERESA A BLOOM 1374 REST POINT RD MOUND IM! 55364 TOTAL BATCH 007 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORIIATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TXAATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. — �e- DATE? - BY KVINETH H & RENEE�G EGGERT PATRICK�J WALSH 1371 REST POINT RD 1390 REST POINT RD ROUND IIN 55364 ROUND HN 55364 CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka July 10, 1989 Lawrence E. Langhans 1366 Rest Point Road Mound, MN 55364 Re: New deck on top of existing boat house Dear Mr. Langhans: It has come to the attention of this offic-, that you have recently built or re -built a new deck over an existing boat house that is located within 75' of the lake. This letter is to notify you of the requirement of a conditional use permit when a non -conforming building is converted, enlarged, re -constructed or altered. you must conta_` Jeanne Mabusth or Mike Gaffron and submit an aoolication or remove the deck before July 24, 1989. If this deadline is not met the City may issue citations. If you have any questions or if you have a problem meeting this deadline, please feel free to contact me at my office. Sincerely, l�- Lyle Oman, Field Inspector LO/tln cc: Jeanne A. Mablisth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Thomas J. Jacobs, Building & Fire Inspector BUILDING A ZONING - 473 -157 0 ADMINISTRATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 ASSESSING Topographic Detail for Lawrence E. Langhans of Lot 2, Block 1, REST POINT Hennepin County, Minnesota .+ Il Scale 1 inch = 30 feet COFFIN & GRONDERG, INC. Date 8-1-89 o Iron marker Datum Mear, sea level Engineers, Land Surveyor's and Planners Existing contour Long Lake, Minnesota Spot elevation Ctw'� • e 4 od p ti 9 19ys'S� i9i�S wo• pT%N(;yd. 00 1 4.1 J,,Q Ptyb%niir � tJ � i au ar0C"C. IODk 3 v4r� • � �NIN G /W/NM�7-01V A _ wAtwLt kA aS�; 1 , � I • �1 , • '•t L 4 _ 1 Y at�1.1. . ,t JJuf• � � s 7. ilk r Pk NN Ad t ON ILI �� � is � ;;%• ! �', ` .� � ' '' — ' '� t+►�' y `�� t �1L '�.ql .. .I�c� •♦,•� .ate, r�`.� '11]� _:� •♦: ~ n ,��,1� ,` �'��' '• ��(y"�,• �� ,. 1��. 1'�,gy�y •.a f.:44 'T���, `" R .,i ' � `J � •� } i1 � •its • '-� _��' •'� � nr'r s a• i t ♦ i �� � • (� -?S' HAALICOVek- - I3G C. ,Csr /001AIr XOA-P. Aite,4 0--7s' - �s''k/orb' 7800 s .-C. woof ties yX z-$ = / / 2- s , Aec.e,* /Z ,z x/8, Z = 22Z 30 GvA-1-1-S -7 yz -boo 1°fZ* - J�Xl S rrN c. eoprsr v w„v7 Pew- /f82 surWt--Y. Az� ri ► TV Co ij1-&--rr ! , W7r:►�..i IS/X.S' = 7.f.s , 5 10.55 Subd. 26. Non -conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its non -conformity. B. No structural alteration or addition to any non- conforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non -conforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to any non -conforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with Subdivision 14, Subparagraph E of this Section. D. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of non -conforming uses which have been discontinued for a period of twelve months. E.If any non -conforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City may issue a conditional use permit for reconstruction if the use is located outside the floodway and, upon the reconstruction, is adequately flood proofed, elevated or otherwise protected in conformity with this Section. F„J Uses or adjuncts thereof which are or become nuisances shal of be entitled to continue as non -conforming uses. G. Except as provided in Subparagraph E above, any use which has en permitted as a conditional use shall not be considered as a non -conforming use. H. Non -conforming uses located in the Flood way District shall be eliminated or brought into conformity with the standards contained in this Section within a reasonable period of time as determined by the City, after a hearing for each such non- conforming use. The Council shall make its determination upon the basis of the nc•mal useful life of any improvement upon the premises. In a' ion, the monetary value of any competitive advantage deriv the operation of such non -conforming use, by reason of the 1 'on on establishment of competing businesses ORONO CC 375 (4-1-84) 9 10.55 as a result of this Section, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Section. Subd. 27. Amendments. The flood plain designation on the official maps shall not be removed from flood plain areas unless it can be shown that the designation is in error and that the area is at or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section including amendments to the official maps must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official maps also require prior approval by the Federal Insurance Administration. Subd. 28. Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The boundaries of the Flood Plain Districts shall be determined by scaling distances on the official maps. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official maps, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile. The person contesting the location of the district bound—y shall be given a reasonable opportunity to present his case he City and to submit technical evidence if he so desires. Subd. 29. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate or impair any existing ordinance, regulation, easement, covenants or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. Subd. 30. Warning and Disclaimer of Liability. This Section does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. Source: Ordinance No. 213 Effective Date: 1-11-79 (Sections 10.56 through 10.59, inclusive, reserved for future expansion.) ORONO CC 376 (4-1-84) TO: FROM: DATE: Mayor Grabek and City Council City Administrator Bernhardson COUNCIL MEETING SEP 81989 CITY OF ORONO Michael P. Gaffron, Asst Planning & Zoning Administrator September 7, 1989 SUBJECT: #1442 The Landschute Group, Inc., 3300 Bayside Road/375 Leaf Street - Preliminary Subdivision - Resclution Zoning District - LR-lA Single Family Residential 2 Acre Unsewered. Application - 2 lot subdivision of vacant land to create two building sites. List of Exhibits Exhibit A - Planning Commission Action Notice 8/22/89 Exhibit B - Planning Commissi-..i Minutes 8/21/89 Exhibit C - Draft Resolution Exhibit D - Memo and Exhibits of 8/17/89 Discussion - Please review the memo and exhibits of 8/17/89. Briefly, this subdivision received previous Council approval in 1987 but was never filed due to the previous applicant's failure to pay the required fees. The prior approval expired on November 9, 1988. The proposal is to split this 5.8 acre parcel into two lots, each exceeding 2 acres in area. Technically, lot width variances are needed for each lot, the hardship being the historic configuration of the property, with 70 feet of frontage on Leaf Street and 121 feet of frontage on Bayside Road. Neighboring property owners have generally expressed opposition to this subdivision, noting concerns about driveway and culvert locations as well as drainage concerns. The City Engineer has reviewed the proposal and has defined the location of the necessary drainage easements to accommodate the two significant drainageways on the property. Neighbors have also requested that trees bordering the property be allowed to remain. Each lot has been shown to have suitable sites for primary and alternate drainfields. Driveways and house sites can be adequately located to avoid conflict with the drainfield sites. The applicant has proposed separate driveway curb cuts for each proposed lot. Both access locations have adequate sight distance and would not cause safety problems. Zoning File #14,� t. i.T1� September 8, 148, �� • Page 2 of 2 Planning Commission Recoa endation - The Planning Commission voted two in favor, three against on a motion to recommend approval. The Planning Commission members opposed to the subdivision stated the opinion that the subdivision creates two marginal lots but would make one good buildable lot as it now exists. Planning Commission also referred to the need for lot width variances as a justification for denial. Note that when the subdivision was originally reviewed in 1987, Planning Commission at that time voted 4 to 2 for approval, with Council voting 4/0 for approval. Staff Recommendation - Since the need for lot width variances is inherent with the historic shape of this property, that would seem to be a reasonable hardship in staff's opinion for granting of those variances. Although these lots may be somewhat limited due to lot configurations and slopes, each lot contains more than two dry buildable contiguous acres and has met all other standards so that a residence can be constructed without further variances. Staff would therefore recommend preliminary plat approval per the attached resolution, which is nearly identical to the preliminary plat approval resolution adopted in 1987. Note: Apparently some of the survey stakes placed in 1987 have been removed or disappeared according to the neighboring property owner. Applicant is advised to have them replaced as soon as possible. ZONING FILE NO. 1442 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/22/89 --------------------------------------------------------------------------- TO: The Landschute Group, Inc. COPIES TO: Maurice R. Taylor, ?I 2222 Platwood Road 2955 Maplewood Road Minnetonka, MN 55343 Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision ----------------------------------------------------------- DATE OF MEETING: 8/21/89 VOTE: 2 For 3 Against Planning Commission recommends the following: Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: (Motion to approve failed on a vote of 2-3; no further motions were forthcoming.) Members of the Planning Commission voting against the proposal noted the need for variances for lot width for each lot; also expressing an opinion that this subdivision creates two marginal lots but would make one good buildable lot as it now exists. Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commi:,-sion minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE #1428-OTTEN CONTINUED follows: 1. Rezoning to PUD within Comprehensive Plan Amendment 2 2. Vacation of Pine Ridge Lane 3. A 6' height variance 4. A temporary access off of Highway 12, a "right -in" only with adequate signage. 5. Construction of the berm with plantings 6. Commercial Site Plan 7. Preliminary Subdivision 8. Utility and Drainage Easements 9. Retention Pond 10. Landscape plan Chairman Kelley asked Mr. Otten what ys and hours of the day his business would be in operation. Mr. Otten replied that the business is open 7 days per week from Ester to Christmas from daylight to dark. Kelley also ask. i about security lighting. Mr. Otten said that he had not determined to what degree he would need such lighting. Mabusth suggested that Mr. Otten include that information should he shown on the final lighting plan. Planning Commissioner Johnson asked the applicant when he intended to begin construction? Vr. Otten said that he would begin in the fall. Johnson suggested that the access off of Highway 12 be subject to approval by MNDOT. Kelly agreed to amend his motion to reflect that; Cohen seconded. Motion, Ayes=S, Nays=O, Motion passed. #1.431 LUCIA MORISON 1540 FOR STR$BT PRELIMINARY SUBDIVISION CLASS II FORMALLY WSTSDRAWN PUBLIC SEARING Prior to this meeting, the applicant had requested that applidation #1431 be withdrawn. #1442 THE LANDSCHUTE GROUP, INC. 3300 SAYSIDE ROAD/375 LEAF STREET PRELIMINARY SUBDIVISION CLASS II PUBLIC HEARING 8:30 P.M. TO 8:40 P.M_ The Affidavit of Publication and 'tificate of Mailing were du ted. Mr. Munsing was present for this matter. 3 MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE #1442—LANDSCHUTE GROUP, INC. CONTINUED Assistant Planning and Zoning Administrator Gaffron explained that this matter had previously been before the Planning Commission. There have been no changes to that original proposal. Each of the 2 lots will have 2 acres and the drainfield sites have been dedicated. Each lot will be served by a separate driveway. Lot 2 will have a driveway off of Leaf Street, Lot 2 will have an access off of Bayside. Mr. Henry Furchner, 360 Leaf Street, expressed his concern regarding the driveway being installed off of Leaf Street due to the normally wet, marshy conditions that exist in that area. ,s. Sue Olson, 3280 Bayside Road, questioned where the house and riveway for the lot on Bayside Road would be located. Gaffron said that the driveway had to go to the west of the defined drainfield site. He said that the applicant was proposing to locate the driveway next to the Olson's driveway. Ms. Olson indicated that she would prefer to have the driveway more centrally located. Gaffron showed Ms. Olson where the house was proposed to be located. Ms. Jane Behrman, 340 Leaf Street, asked where the existing house on Leaf Street was located? Gaffron indicated that there were several houses on Leaf Street. Ms. Behrman asked whether the proposed lots would be sewered? Gaffron said that the proposal was for septic systems for both lots. Mr. Olson questioned what type of houses the applicant intended to build? He said that he preferred not to have enormous homes built. Mr. Munsing replied -hat custom homes ranging in price between $300,000 to $400,000 would be built. Gaffron noted that there would be need for a culvert and a drainage easement would be taken. There were no further comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Bellows indicated that she had not been in favor of this subdivision when previously presented and that opinion had not changed. Planning Commissioner Hanson said that this was not his "favorite" subdivision, but he did not see any reason why it should be denied. Bellows noted that the City prefers not to create flag lots at all and this application would create two. Bellows questioned the buildability of the land and whether it would support two houses. It was moved by Planning Commissioner Johnson. seconded by Planning Commissioner Hanson, to recommend approval of this application for a preliminary subdivision. Motion, Ayes=2, Cohen, Kelley, Bellows, Nay, Motion failed. 4 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A A PLAT AT 375 LEAF STREET AND 3300 BAYSIDE ROAD APPLICATION NO. 1442 WHEREAS, The Landschute Group, Inc. (hereinafter "the applicants") on July 27, 1989 filed a formal subdivision application with the City for approval of a two -lot residential plat of property legally described as: All of Lot 12, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the southeast corner thereof; thence West along the south line of said Lot 12 a distance of 310 feet; thence North and parallel with the east line of said Lot 12, to the riqht-of-way line of the Minnesota Western Railroad; thence Southeasterly along the Northerly line of said Lot 12 to the Northeast corner thereof; thence South 80 feet to place of beginning. All of Lot 13, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the Northeast corner thereof; thence West along the North line of said Lot 13 a distance of 310 feet; thence South and parallel with the East line of said Lot 13 a distance of 124.7 feet; thence East and parallel with the North line of said Lot 13 a distance of 310 feet; thence North 124.7 feet to place of beginning. All of Lot 18 and the West 121 feet of Lot 16 in Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public nearing on August 21, 1989, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 11, 1989, the Orono Council considered the subdivision application of The L,, schute Group, Inc. noting the following findings of fact: Page 1 of 5 1. The property is located within the LR-lA Single Family Lakeshore 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 5.82 acres of land. 3. Lot 1 contains 3.25 total acres of land, of which 2.28 acres of dry buildable land are continuous with the proposed building site; Lot 2 contains 2.57 total acres of land of which 2.5 acres of dry buildable land are contiguous with the proposed building site. 4. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' front yard setback. Lot 1 contains 121.0 feet in defined width where 200.0 feet in width is required, a variance of 79.0 feet. Lot 2 contains 70.0 feet in defined width where 200.0 feet in width is required, a variance of 130.0 feet. Each lot contains 200 or more feet of width at the proposed house location. 5. Lot 1 will access to Bayside Rt,a.d (County Road 84) and is subject to a Hennepin County access permit. Lot 2 will access to Leaf Street and is subject to City approval of the access location. 6. The City will require a 20' wide drainage easement over each of Lots 1 and 2 for the minor creek traversing the lots near their respective road access points. Each driveway crossing of these drainageways will require installation of a culvert to be approved by the City Engineer. 7. The City wil require a Conservation and Flowage Easement over the designated floodplain of "unnamed Tributary to Stubbs Bay" on Lots 1 and 2. 8. Both Lots 1 and 2 have been demonstrated tc. contain suitable sites for primary and alternate drainfields to serve Vie proposed single family residences. 9. Single family residences can be constructed on both Lots 1 and 2 without the need for further variances. Page 2 of 5 NOW, THEREFORE BE IT RESOLVED, th =t based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the pre! ' 'nary plat for The Gardschute Group, Inc. at 375 Leaf Street and 3300 Bayside Rc,ad oer the survey dated July 17, 1987, revised September 21, 1997, revised July 24, 1989 by Theodore D. Kemna, Schoell and Madson, inc. (see Exhibit A attached) subject to the following conditions: 1. A variance will be granted to the 200' lot width standard for Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin County access permit. Lot 2 shall access to Leaf Street subject to City app oval of the access location. 3. A Conservation and Flowage easement document shall be executed for the designated floodplain of "unnamed Tributary to Stubbs Bay" over Lots 1 and 2, and this easement shall be shown on the plat drawings as a drainage easement. 4. No :,,:i lding permits will be issued and no permitted driveway construction or other excavation may be commenced until such time that the primary and alternate drainfield sites have been fenced off to eliminate disturbance of same. (See Exhibit B attached.) The following list of f=nal 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. 1. RECORD PLAT drawings in the form of two (2) myAar copies and ine (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Theodore D. Kemna dated July 17, 1987, revised September 21, 1987, revised July 24, 1989. b) Dedicscion of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a 20' drainage easement within each of Lets 1 and 2 near the road access points, and of a drainage easement for the f loodplain of the major creek on Lots 1 and 2, all to be shown as "drainage easements" on the plat. Page 3 of 5 2. 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 Flowage & Conservation Easement; blank area required description may be filled out as follows "over the drainage easements as shown on the plat of (plat name)". 21 FEES TO BE PAID: Total Due $550.00 a) Part ication Fee - 2 new residential lots at 2- acre dei.blLy = $200.00 per lot. Total $400.00. b) 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 llth day of September, 1989. ,Tames R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk Page 4 of 5 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 17, 1989 Subject: #1442 The Landschute Inc, 3300 Bayside Rd/375 Leaf St Preliminary Subdivision - Public Hearing Zoning District - LR-lA, Single family lakeshore residential, 2 acre, unsewered Application - 2-lot subdivision of vacant land to create 2 building sites. Note: this proposed subdivision received previous Planning Commission and Council approval in 1987 but was never filed due to the previous applicant's failure to pay the required fe. s. The prior approval expired on November 9, 1988. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D Survey/Site Plan Exhibit E - Documentation from Previous Approval 1. Staff Memos 2. Planning Commission & Council Minutes 3. Preliminary Plat Resolution #2269 4. Final Plat Resolution #2420 rartinent Facts 1. LOT 1 LOT 2 TOTAL Dry Buildable 2.28 ac. 2.50 ac. 4.78 ac. Wetland/Drainageway 0.97 ac. 0.07 ac. 1.04 ac. --------------------------- Total 3.25 ac. 2.57 ac. 5.82 ac. 2. Each lot has been shown to contain a feasible building site exclusive of primary and alternative drainfield sites with proper setbacks. 3. Proposed Lot 1 will be served by a separate driveway from Bayside Road. That driveway is configured to as to avoid conflict with proposed drainfield sites. Proposed Lot 2 will be served by a separate driveway front Leaf Street, also placed to avoid the drainfield sites. Note that a shared driveway situat-on would require a fairly long easement through either one of the properties. Sight distance is adequate at both locations, hence access safety is not a concern. This plat was previously approved with these separate accesses. Zoning Fiie #1442 August i7, 1989 Page 2 of 2 4. A major creek runs through the northwest portion of the property. The creek and its defined f lood plain would be covered under a Conservation and Flowage Easement shown as "proposed drainage easement" on the survey. No construction would be allowed within 26' of the easement boundaries. 5. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' front yard setback. Lot 1 is 121' wide, Lot 2 is 70' wide, both requiring 200' in width. Each lot contains 2001+ of width at the proposed house location. Discussion - This plat received Council approval on May 9, 1988 per the final plat approval resolution attached. The preliminary plat approval resolution is also attached for your review. Staff has carefully compared the current site plan proposal against that which was originally approved, and finds no changes whatsoever. Except for the noted variances, which are due to the existing property configuration, all other requir Tents for subdivision appear to be satisfied. The Planning Commission originally reviewed this subdivision in July and August 1987 and recommended on a vote of 4-2 to approve. Minutes of those meetings are attached for your review. Staff Recommendation - Staff again recommends preliminary plat approval per the findings and conditions outlined in Resolution #2269 (deadline dates will be updated). Receipt - y D CITY OF ORONO - SUBDIVISION APPi'' TION ----------------------------------------------------------- PROPERTY LOCATION , Site Address rGL' Property Identification Number ( P . I . D . ) O$ i17 - Z 3 .iY • oajy Please check one - Property abstract or 12�_ torrens? Attach legal description to application. APPLICANT -------------------------------Phone ( home) .SAS• ((Q03 Name -171P 4:2e�� C9r tL Phone ( work) Address: f, City: iZip:------------- -------------------------------- OWNER (if different than applicant) Phone (home) Name /a triC.G /V7'1 zz:: Phone (work) i5V/ '0239 Address: %Paaao, PQad City: Zip: �S3L (attach list if more than one) ---------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size 5i,7R Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) Residential; no. of unity - }( Other (specify) yCCA4rj- / Present Zoning District ----------------------------------------------- ------------------------ PROPOSAL Division for Tax Purposes ' Line Rearrangement Only (no new building sites) _vision for New Building Sites Numbe " .j-ding Sites: / Existing Units New Units 2. Total Units F•-oposed Gross Density: 0rAE, Units per 7.41 Acres Minimum Lot Size: Sq Feet Dry Buildable Land Proposed Use: (check) Residential Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary complete. Zoning Official's Signature ----------------------------------------------------- Plat Application is 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 ann 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) $150.00 Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Plus any legal or engineering charges) ----------------------------------------------------------------------- --- The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review ieetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. "Ja x M.W cr gm )I - IF Nr V41% M�, -tl -- - f. SR ALamo-q) 1� RUN DATE 07/26/89 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 BATCH 007 PROPERTY 01414ERS LIST PAGE 23 38 04-117-23 23 0004 PROP ADDR 00370 LEAF ST OWNER NAME L P STEWART A R M STEWART TAXPAYER LOGAN P A ROBYN M STEWART NAME/ADDR 370 LEAF ST S LONG LAKE HN 55356 38 04-117-23 23 0007 PROP ADDR 00398 LEAF ST 014NER NAME KATHRYN A ANDERSON TAXPAYER KATHRYN A ANDERSON NAME/ADDR 398 LEAF ST LONG LAKE HN 55356 38 04-117-23 23 0010 PROP ADDR 00400 LEAF ST OWNER NAME E T A S A HILLMAN TAXPAYER TIMOTHY HILLMA14 NAME/ADDR 400 LEAF ST LONG LAKE MN 55356 38 05-117-23 14 0001 PROP ADDR 00285 LEAF ST �. OIINER NAIIE LEE E SCHACHT ` TAXPAYER LEE E SCHACHT NAME/ADDR 285 LEAF ST LONG LAKE MN 55356 S} '1• 38 05-117-23 14 0004 E' PROP ADDR 00375 LEAF ST r OWNER NAME M A C TAYLOR Ii TAXPAYER MAURICE R TAYLOR NAME/ADDR 2955 MAPLEWOOD RD WAYZATA YJl 55391 38 05-117-23 14 0007 PROP ADDR 03200 BAYSIDE RD OWNER NAME R A T MIUKEMA TAXPAYER ROBERT L A TERESA M MINKEMA NAME/ADDR 3200 BAYSIDE RD LONG LAKE MH 55356 38 04-117-23 23 0005 00370 LEAF ST L P STEWART A R M STEIIART LOGAN P A ROBYN M STEWART 370 LEAF ST LONG LAKE MN 55356 38 04-117-23 23 0008 00340 LEAF ST L M BEHRMAN A JAtlE E BEHRMAN LEIGH M A JANE E BEHRMAN 340 LEAF ST LONG LAKE MN 55356 38 04-117-23 23 0021 011A0 RIDGEWOOD CIR WILLIAM D LEVERING MR WILLIAM D LEVERING 3180 RIDGEWOOD CIR LONG LAKE Mll 55356 38 05-117-23 14 0002 00265 LEAF ST HARLAN STOCKTON HARLAN STOCKTOU 265 LEAF ST LONG LAKE till 55356 38 05-117-23 14 0005 03ZSO BAYSIDE RD 0 J NYHAMMER A S G OLSEN DALE J NYHAIWER/SUSAN OLSEN 3280 BAYSIDE RD LONG LAKE P8I 55356 38 05-117-23 14 0008 03310 BAYSIDE RD J FI WOJCIK A K L I10JCIK JOHN H WOJCIK A KIT L WOJCIK 3310 BAYSIDE RD LAKE LAKE MH 55356 38 04-117-23 23 0006 00038 ADDRESS LRIASSIGNED L P STEWART A R M STEWART LOGAN P A R08YU M STEWART 370 LEAF ST ORONO 191 55356 38 04-117-23 23 0009 00360 LEAF ST H C FURCHIIER JR ETAL HENRY FURCHNER 360 LEAF ST LONG LAKE MN 55356 38 05-117-23 11 0005 00095 LEAF ST E C GRAHAM JR ETAL E C GRAHAM JR 95 LEAF ST LONG LAKE MN 55356 38 05-117-23 14 0003 00345 LEAF ST THOMAS H MEYERS TIIO11AS MEYERS RT 1 BOX 493 LONG LAKE HN 55356 38 05-117-23 14 0006 03240 BAYSIDE RD D A B BOYLAN DONALD K BOYLAN 3240 BAYSIDE RD LO►IG LAKE Mtl 55356 38 05-117-23 14 GGD9 00270 CRESTVIEW AVE DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEN AVE LONG LAKE MU 55356 �+ PO F' r• , RUN DATE 07/26/89 j BATCH 007 38 05-117-23 14 C310 tC PROP ADDR 00038 ADDRESS UNASSIGNED OMIER NAME DOUGLAS L NASH ET AL TAXPAYER DOUGLAS A SHIRLEY NASH NAME/ADDR 270 CRESTVIEW AVE 6" LONG LAKE MN 55356 38 05-117-23 14 0018 PROP ADDR 00290 CRESTVIEW AVE OWNER NAME B A D YOUNG TAXPAYER PATTY L CLAPP !� NAt'E/ADDR 290 CRESTVIEW AVE LONG LAKE MN :5156 38 05-117-23 14 0024 PROP ADDR 00285 CRESTVIEW AVE OWNER NAME RUSSELL ANDERSON TAXPAYER RUSSELL ANDERSON NAttE/ADDR 285 CRESTVIEW AVE LONG LAKE HN 55356 38 05-117-23 14 0027 PROP AVON 00280 TONKA AVE OMIER NAME 0 A D QUNELL TAXPAYER DEAN R A DORIANN D QLRIELL NAME/ADDR 280 TONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0033 PROP ADDR 00038 ADDRESS UNASSIGNED OMIER NAME BERT L ADDISON ETAL TAXPAYER MRS A L ADDISON NAME/ADDR 3382 BAYSIDE RD LONG LAKE ?N 55356 38 05-117-23 14 0036 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME ESTHER M ADDISON TAXPAYER MRS A L ADDISON NAME/ADDR 3382 BAYSIDE RD LONG LAKE HN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 05-117-23 14 0011 00038 ADDRESS UNASSIGNED DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE HN 55356 38 05-117-23 14 0022 00265 CRESTVIEW AVE JOHN E WINTER JOHN E WINTER 265 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0025 00285 CRESTVIEW AVE C MOSLEY JR A S M MOSLEY CURTIS JR A SHAtNON MOSLEY 285 CRESTVIEW AVE LONG LAKE fN 55356 38 05-117-23 14 0030 00315 CRESTVIEW AVE MIN L SHANNON ET AL SHANNON/NANKIVELL 315 CRESTVIEW AVE LONG LAKE MII 55356 38 05-117-23 14 0034 00038 ADDRESS UNASSIGNED ESTHER M ADDISON MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE H4 55356 38 05-117-23 14 0037 00038 ADDRESS UNASSIGNED ESTHER M ADDISON MRS A L ADDISGN 3382 BAYSIDE RD LONG LAKE IN 55356 REPORT NO. P1435401 PAGE 24 38 05-117-23 14 OOii 00038 ADDPESS INAS`.'IGNED DOUGLAS L NASH ET AL DOUGL!' i SHIRLEY NASH 270 CRESTVIEW AVE LOING LAKE MN 55356 38 05-117-23 14 no23 00275 CRESTVIEW AVF HAROLD R HANSON ETAL HAROLD R HANSON 275 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0026 00280 TONKA AVE D A D QUNELL DEAN R A DORIANN D QUNELL 280 TONKA AVE LOING LAKE 1N 55356 j 38 05-117-23 14 0031 00325 CRESTVIEW AVE WILLIAM L SULLIVAN WILLIAM L SULLIVAN 325 CRESTVIEW LANE LONG LAKE MH 55356 38 05-117-23 14 0035 03382 BAYSIDE RD A L ADDIS014 ETAL MRS A L ADDISON 3302 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0039 00340 TONKA AVE KENNETH M DOLLLRt BRAD D PETERSOU 340 TONKA AVE LONG LAKE NN 55356 RUN UATE 07/26/89 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OiNERS LIST PAGE 25 BATCH 007 r 38 05-117-23 14 0040 PROP AOOR 00330 TON(A AVE OWNER NAME L L ANDERSON A S A ANDERSON TAXPAYER LEWIS L E SUSAN A ANDERSON NAME/ADDR 5000 NORTH ARM OR fi MOUND MN 55364 38 05-117-23 14 0043 PROP ADDR 00300 CRESTVIEW AVE OINIER NAME STEVEN R BEYER TAXPAYER STEVEN R BEYER NAME/ADDR 300 CRESTVIEW AVE S LONG LAKE MN 55356 38 05-117-23 14 0052 PROP ADDR 03390 BAYSIDE RD MIJER NAME ROBT W It BARBARA HUBER ET AL TAXPAYER ROBERT A BARBARA HUBER NAME/ADDR 3390 BAYSIDE RD LONG LAKE MIN 55356 38 05-117-23 14 0057 PROP ADDR 00350 CRESTVIEW AVE OWNER NAME ROSE M MADDEN TAXPAYER ROSE M MADDEN NAME/ADDR 350 CRESTVIEW AVE LONG LAKE MJ 55356 38 05-117-23 41 0018 PROP ADDR 03211 BAYSIDE RD OWNER NAME A J ROBBINS d T L ROBBINS TAXPAYER ARNOLD J ROBBINS NAME/ADDR 3211 BAYSIDE RD LONG LAKE HN 55356 PROP ADDR OJNJER NAME TAXPAYER TOTAL BATCH 007 00051 NAME/ADDR 38 05-117-23 14 0041 00320 TOIIKA AVE L L ANDERSON 3 S A ANDERSON LEWIS L 9 SUSAN A ANDERSON 5000 NORTH ARtt DR MOUIJO HN 55364 38 05-117-23 14 0047 03332 BAYSIDE RD INFO ^OSEARCH ASSOC INC INFI :EARCH ASSOC INC PO ROSEVILLE MN 55113 38 05-117-23 14 DOSS 00240 CRESTVIEW AVE LUCILLE M MELBY LUCILLE H MELBY 240 CRESTVIEW AVE LONG LAKE tNJ 55356 38 05-117-23 41 0016 00400 OXFORD RD J C DEMEO E 11 V DEMEO JOSEPH C E VICTORIA DEMEO 400 OXFORD RD LONG LAKE MN 55356 38 05-117-23 41 0022 00405 OXFORD RD F DENtIISON SHAH JR ETAL F DE111II5Ot1 JR 3 JAULT SHAH 405 OXFORD ROAD LONC LAKE tJtJ 55356 38 05-117-23 14 0042 00300 TOtIKA AVE JAMES L PATRIN JAMES L PATRIII 73 W GEORGE ST PAUL NJ 55107 38 05-117-23 14 0048 03348 BAYSIOE RD HARRIET HEHL HARRIET A HEHL 3348 BAYSIDE RD ROUTE 1 LONG LAKE Mil 55356 38 05-117-23 14 0056 00320 CRESTVIEW AVE JOHN F LEHHEYER JOHN F LEHIIEYER 320 CRESTVIEW AVE LONG LAKE IN 55356 38 05-117-23 ail 0017 03225 BAYSIDE RD R B 8 V 0 SHELDON RONALD B SHELDON PO BOX 61 LONG LAKE HN 55356 38 05-117-23 41 0023 00425 OXFORD RD R L KELLY 8 G C KELLY RICHARD L d GAY C KELLY 400 OXFORD RD LOtJG LAKE F"I 55356 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Michaol P. Gaf f ron, Assistant Planning 6 Zoning Administrator DATE: September 22, 1987 SUBJ: 01174 Craig Anderson, 375 Leaf Street/3300 Bayside Road - Preliminary Subdivision - Resolution Application - 2 Lot Plat of s.9 Acre Parcel Zoninq District - LR-lA, 2 Acre unsewered List of Exhibits - A - Preliminary Plat drawing dated 9/21/87 revised B - Preliminary Plat approval resolution - Planning Commission Action Notice 8-19-87 t) - Flanning Commission Minutes 8-17-87 E - Memo & Exhibits 8-14-87 Pertinent Pacts - Total Area: 5.916: acres Lot 1: 2.28 acres contiguous dry buildable Lot 2: 2.50 acres contiguous dry buildable -Drainfield sites have been tested and approved for each lot. Building envelopes showing required setbacks indicate that residences can be developed on each lot without conflicting with septic sites. -Lot 1 will access to Bayside P,oad, subject to Hennepin County access permit. Lot 2 will access to Leaf Street. Both driveways are located with adequate sight distances and will avoid septic site conflicts. A 24" culvert will be required at the minor creek near each driveway access point. -Applicant will grant a conservation and flowage easement over the designated floodplain for the major creek. The preliminary plat drawii.g designates the additional utility and drainage easements as required. -The unique shape and topography of the property suggest that it is appropriate to grant variances to "lot width•:t the 50' setback line" for each lot: Lot 1 - 200' required, 121' existinq; 70' variance Lot 2 - 200' required, 70' existing; 130' variance Zoning File 01174 September 22, 1987 Page 2 of 2 Planning Commission Recommendation - Planning Commission on 8-17-87 vcted 4-2 to recr.nmend approval subject to minor revisions of the interior lot line location to give Lot 1 a more useable building envelope, and subject to showing additional driveway, septic, and setback detail on the preliminary plat drawing, all of which ha-e been completed. The minority Planning Commission opinion was that the lot configuration and topography would create too many problems for these 'flag' lots. Staff Recommendation - Staf£ finds that all conditions and concerns for preliminary plat approval have been satisfactorily addressed. Each lot appears to be quite suitable for development of an unsewered residence. Staff recommends approval per the attached Resolution of Preliminary Plat Approval. ZONING FILE NO. 1174 -:ITY OF ORONO NOTICE OF PLANNING COMMISSION AC'ION -.0. Sox 66 'rysta 1- Pay_ -MN--- 55323--- 473_ 7357----------------Date-oE-Noti_e_--8/19/87- TO: Craig Anderson COPIES TO: 1565 Orono Oaks Drive Long Lake, ::N 55356 TYPE OF APPLICATION: YX Subdivision ----------------------------------------------------------- nATE OF MEETING: 8-17-87 VOTE: 4 For 2 Against M anninq Cemmission recommends the following: XX Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Surveyed locations of a 1 1 perc test and boring 'soles shall be added to the preliminary plat drawings prior to preliminary plat review by the City Council. s,,aff to verify that the tested sites have been revised and shown correctly for future reference. 2. Both driveways shall he re -defined per staff sketch to avoid septic sites. 3. Pui'ling envelopes that protect the established septic sites shall he shc. on the preliminary plat drawings for future reference. 4. The intirior lot line shall be moved easterly as shown on staff sketch and sown on the preliminary plat J rawing. 5. Subject to drainage and utility easements, drainageway easements ind oodplain drainagcway casements as shown on the preliminary plat 'ray -ping. A conservation and flowage easement shall be granted over the rlooci plain drainagcway. 6. !"uh ject to payment of park fees per current fee schedule of $200 for oach new 2-acre lot. Total park fee - $400. (To be paid after nrnliminary plat approval by Council) 7. Access location onto Leaf Street to be approved by Public works Department prior to driveway construction. 24" culvert required for crossing the drairigeway. S. Acces -ion onto Dayside Road (County Road 84) to be subject to !!enne�. irtment of Transportation approval. 24" culvert required f .agewa7 crossing. 9. Vari ance. Lot 1 - Lot 2 - k :,anted for lot widt`+ at 50' setback: cuired, 121' existing; 79' variance squired, 70' existing; 130' variance Items 1 thru 4 must be completed and a revised preliminary plat submitted for staff review prior to this item being scheduled for Council review. Applicant's next scheduled meeting is dependent upon receipt of this additional information. Deadline for the September 14th meeting is September 4th, or September 18th for the September 28th meeting. In all cases, the application must be continued with the submittal of requested information within 90 days or the City will consider the application a- formally withdrawn. If the applicant has trouble ottaining additional information, please contact the Zoning Department (473-7357). f you desire certified copies of the official Planning Commission mi s, they are available from the City Recorder after review and npF. i1 by the Planning r-mmission. l:IHUTrc nP THE pLA;1VING COMMISSION 1USETING HELD AUGUST 17, 19V I11 c*x CONTINUED ti -� , The deck shall placed 27 feet from the la. walk, replace the existing cement at- _rs �)aved stepped patio and storage structure located within 75 feet of the lakeshore. The total hardcover to be removed is 50g.5 s.f. providing a final reduction of 55.1 s.f. or .5%. She also noted th-t wetland areas are credited against the hardcover, almost ha of the property consists of wetlands. The existing steps and patio are 34' from the lakeshore, and the proposed deck is 27' .rom the lakeshore. ,,ames Beck explained that the deck is designed to provide a safe and easily negotiated access for elderly individuals, which replaces the old patio. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Chairman Kelley, to recommend approval ,�f the variances per staff --� recommendation. Motion, Ayes 6, Nays 0. 41174\CRAIG K. ANDERSON '375 IX&r ^'''BEET/3300 BAYSIDE ROAD sur_J1" SKr''- N Craig Anderson was present for this matter. Assistant Zoning Administrator Gaffron reviewed the preliminary plat drawiroq submitted by aprlicant and reviewed the staff sketch recommending to adjust the proposed property line to provide a larger building envelope for Lot 1 dur to the steep slopes in Lot 1. ': a•iances are needed for lot width at 50' setback for both lots. Craig Anderson was agrec5'le to staff's recommended lot line change. There were no commentsthe public regarding this matter. Bellows stated that alt:i,;'.*gh the proposed subdivision technically was allowed, felt it was bad planning to create two flag lots wt`.:': would present many problems. She felt the lot would r;:propriate for one house, but would not support :•t:u :•:o flag lot subdiviaon. In response to the quesci--. c* how this parcel of land's configuration came about �s� scant 7^^'`>? hdminis Gaffron stated that M'1 •.h_ entire �_rcel s wa •snqular subdivided it left th?1 '�a-'' t with tw( MINUTES 1-" THE PLANNING COMMISSION MEETING HELD AUGUST 17, 1987 #1174 ANDERSON CONTINUED lots for access on Bayside Road and Leaf Street. It was noted that mound systems would be required for both primary and alternative septic sites. It was moved by Johnsor, seconded by Chairman Kelley, to recommend approval of the preliminary plat per staff recommendation. Motion, Ayes 4, Nays 2. Bellows and Cohen voted nay. Motion carried. #1177 TODD WATERS 3061 CASCO POINT ROAD AFTER -THE -PACT COI:uITIORAL USE PERMIT/VARIANCE PUBLIC FEARING 8:17-8:52 The Affidavit of Publication and Certificate of Mailing was noted. Present for this matter were Todd waters and Dori Molitor and their Planning Consultant Greg Kopischke. Todd waters addressed the mistakes and misconceptions made that led to the need for after -the -fact conditional use permit/variance. He stated that he never intended to mislead the City regarding his project. Chairman Kelley st:,ted that at this point Planning Commission shoula -ot point blame, but concentrate on the alternatives _lving these problems. Zoning Administra Mabust:h explained that on May ll, 1987 Council approved variances to the average lakeshore setback for construction c:f a new resiAence. Neither staff, Planning Commission or Council realized that the one third of the lakeside cf the structure was to be a walkout requiring addition;4A excavation and encroachment into the lakeshore protect d areas. The major issue is that the excavation inva%ves major land alterations involving changes in exi :t:::; drainage and alteration of the lakeshore bank the+:- clearly were not required because of the walkout. _1e underground the that carried drainage from r:., :ear to the lakeshore was removed and a swa le along '_he north side of the house was installed to mainta-in _•inoff from 5+ acre watershed to east or rear of propert,- Drainage did not drained to the rear basin as original. assumed but ;trained through Water's and neighbors :., .tie north drainage tiles directly to lake. Greg Kopischke submi'-. c.nc; photos of the original lakeshore yard and the n►e-- condition. He explained the drainage problems t, •:-_sted on the property ane the proposed plan tc� so 1 •-r! . •-e problems. TO: Planning Commission Chairman Kelley Orono Planning Commission Members City ?;,Iministrator Bernhardson From: Michael P. Caffron, Asst Planning & 'Zoning Administrator Date: Auqust 14, 1987 Suhject: 01174 Craiq Andersen, 375 Leaf Street/3300 Bayside Road - Preliminary Plat - Second Review List of Exhibits Exhibit A - Revised Preliminary Plat Drawing Exhibit B - Sketch with Staff Recommendations Exhibit C - Memo & Exhibits of 7/15/87 Exhibit D - Planning Commission Minutes of 7/20/87 Discussion - Appiicant has provided a relatively complete preliminary plat drawing as cr 8/14/87. Proposed dimensions, house sites, septic sites, and driveway locations are shown. The appropriate easements for floodplain, drainageways, and drainage and utilities along lot lines, have been shown. Site Planning - necause this is a very unique property, it is appropriate to address individual site plgnning durina this subdivision review, although in most vtho�r relatively simple plats we would not be as concerned with house arn9 drivcwiy locations. Lot 1 - Is the most critical b^cause it contains some unusually steep Hirt^^ and a major drainagew1}•. The two septic sites as shown on the staff sketch are acceptable and functional, and will not affect any nrinhhorinq wells. Neither site will be affected by driveway location, n 1 *h(ieinh ,tnf. f suggests that the driveway continue to the house site dir^ctly north of septic site 2 instead of swinging easterly towards septic si,• 1 (nee staff sketch). under the applicant's proposed configuration, the house site is very ) im, • •,ci by septic to the south, the new lot line to the north-east, and the tit) ^I 1•mbankment on the northwest. Staff would suggest that the lot line rove ^nst^rly as r_hown, leaving approximately 2.3 buildable acres in Lot 1 .in,' buildable acres in Lot 2. This will give much more flexibility in 'in-i­ rl nc e�ment on Lot 1 in consideration of the 30' required side setback, bu• will not appreciably affect the buildabi1ity of Lot 2. r�•i Fi Iv it117.1 „,;^t ;a, 1 n 8 7 i.ot - Contains A ruh;:tantial 1} morr i'lnxible hui lrlinn Site, not as r•••:r r let • rl b•• ::lOPP Curt t ir.r, :. rwc, :••Mir nitr,; art, shown an rI,rr%r 1 arpi no, which I !,r 1 if vA:- i -, a r•i crep• esentat ion of what the site ,•:•.� 1 oat e- i nt rndnd- on 11-hn ctnf f ::k"' tint- that f v i Lct : , septic site 1 M,�• •rstnrl original ly and was suit,it,tr` Ivor a mound. Sitr 2A was originally testpd and needed a mound, out was in '� swa rea, and the intent was to Theree ias also a qood potential to .tiovr it northerly out of the .^.wale. locate another site just west of site 1, but this would have a more restricting effect on the possible house locations. Again, neither septic sites 1 and 2 will be affected by driveways IF the driveway is revised per the staff s':etch. Staff Recomendation - Staff recommends approval of the plat subject to the following conditions and revisions: 1. Surveyed locations of all perc test and boring holes shall be added to the preliminary plat drawings prior to preliminary plat review by the City Council. Staff to verify that the tested sites have been revised and shown correctly for future reference. 2. Both driveways shall be re -defined per staff sketch to avoid septic sites. 3. Building envelopes that protect the established septic sites shall he shown on the preliminary plat drawings for future reference. 4. The interior lot line shall be moved easterly as zhown on staff sketch and shown on the preliminary plat drawing. f,. Subject to drainage and utility easements, drainageway easements and floodplain drainageway easements as shown on the preliminary plat dr.iwing. A conservation and flowage easement shall be granted over fhr flood plair drainageway. r., subject to payment of park fees per current fee schedule of $200 fer rich new 2-acre lot. Total park fee - $400. 7. Access location onto Leaf Street to be approved by Public Works P-rartment prior to driveway construction. 24" culvert required for crossing the drainageway. 4. Accesr. location onto Rayside Road (County Road 84) to be subject •n tirnne,pin Department of Transportation approval. 24" culvert rr ;ui red for dr. nag -way crossing. 'IVariances are, granted for lot width at 50' setback: Lot ; 200' required, 12j' existing; 79' variance i.c• , - 20o' requi t-nd, 70' ,xist+ng; 130' variance 00 `MINUTES OP THE PLANNING COMMISSION MEETING HELD JQLY 20, 1957 11171 LANDMARK CONSTRUCTION INC_ CONTINUED Staff stated that the LMCD was referring to the usage level of 1 boat per 50' lakeshore for single ownership and that applicant may have been misled by this fact. It was moved by Chairman Kelley, me a seconded b Bellows&ation to table this application pending larger detailed site plan. Motion, Ayes 5, Nays 0. #1174 IG ANDERSON 5 STREE'P AND 3300 BAYSIDE CLASS II PRELIMINARY SUBDIVISION PUBLIC M&ARING 8:00-es21 The Affidavit was noted. ROAD of Publication and Certificate of Mailing Assistant Zoning Administrator Gaffron explained the request to split a 5.7 acre parcel into two building sites of 2-plus acres each. -Lot 1 (west) is anticipated to access from Bayside Road. The proposed house site is to the rear of the lot where it widens out. The lot needs a width variance but does front on a public road. -Lot 2 will access from Leaf Street. The assumed house site is to the rear, overlooking the creek. This lot also needs a width variance. He noted that staff has concerns regarding the septic systems. Soil testing indicates that mound systems will be necessary. Staff is also concerned that the neigboring properties will have relatively little area for alternate septic sites because the southerly portion of Lot 1 (part of this sjbdivision) will no longer be viable as a potential future acquisition by either neighboring property for use as drainfield. Therefore, staff would suggest that this division may well seal the fate of the City's future determination of need to exteid sewers to some properties in the study area east of Crestview. Staff is concerned about the drainage on this property only in that provision must be made to protect significant drainageways that traverse the property. Henry Furchner, 360 Leaf Street, stated he was concerned with disruption of a spawning area in the creek which is DNR protected. Assistant Zoning Administrator Gaffron stated he would check into mr. Furchner's concern. In response to Bellow's question, Assistant Zoning Administrator Gaffron stated he felt comfortable that the 2 lot deve'.opment could successfully sustain mound systems, however, would like better defined locations. MINUTES OP THE PLANNIMC COMMISSION MEETING HELD JULY 20, 1987 11174 CRAIG ANDERSON CONTINUED Bellows felt that this was a problematic subdivison indicating concern with access and staff's septic concerns noting that there Seemed to be many marginal issues. Cohen agreed with Bellows due to the "speculative" site plan submitted. Assistant Zoning Administrator Gaffron further explained the proposed plan pointing out the required setbacks (per Exhibit J). Planning Commission majority felt the access corridor width was the major issue and that lot width was adequate if all other standards were met. Mr. Furchner, agair, indicated his concern with disruption of the creet and drainage. There were no other comments from the public and the Public Hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending additional information and more detailed plan. Motion, Ayes 5, Nays 0. ZONING AMHNDPMNT STANDARDS MR ACCESSORY STRUCTURES PUBLIC HEARING 9:07-9:07 The Affidavit of Publication was noted. There were no comments from the public regarding this matter and the public hearing was closed. It way moved by Johnson, seconded by Cohen, to table this matter until the August Planning Commission meeting in order to provide more time for Planning Commission to review the proposed amendment. Motion, Ayes 5, Nays 0. 11056 0,AI HANSOM 1390 RA.LROAD AVENUE VAR1ANV - ADDITIONAL REVIEW It was moved by Chairman Kelley, seconded by Bellows, to table this matter until the August 17, 1987 meeting per applicant's attorney request. Motion, Ayes 4, *:.c•s 0. (Taylor not present to vote.) 4 C� To: Planning Commission ^_hairman Kelley Orono Planning Commission Members City A•i^inistrator B -rnhardson From: Michael P. Gaffrin, Asst Planning & Zoning Administrator Date: July 15, 1987 Subject: 11174 Craig Anderson, "375' Leaf Street/"3300" Bays ide Road - Preliminary Subdivision - Public Hearing Zoning District: LR-lA, 2 acre unsewered (This property is within the defined Stubbs Bay Sewer Study Area) Application - 2 Lot plat of 5.7 acre parcel Proposed Lot t (West): Lot area, gross: 2.85 acres Lot area, net contiguous east of creek: Approximately 2.32 acres Lot width at 50' setback from Bayside Road: 121' (200' required) Proposed Lot 2 (East): Lot area, gross: 2.85 acrt; Lot area, net contiguous east of creek: 2.80 acres Lot width at 50' setback from Leaf Street: 70' (290' required) Lis,. of Exhibits Exhibit A - Application Exhibit E - Informative L^tter of Request Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey with Proposed Division Line Exhibit F - Topographical Survey Exhibit G - Topographical Survey Showing Tested Septic Sites, Anticipated House, and Driveway Locations Exhibit H - Sections of rloodplain Map Exhibit I - Letter from tleighbor Boylan Exhibit J - Setback Definition Exhibit K - Airphoto Exhibit L - Stubbs Bay Sewer Study Preliminary Information Discussion - I. General Applicant proposes to split this 5.7 acre parcel into two building sites of 2 plus acre- Pich. Lot 1 (west) is ,nticipated to access from eaysidn Road. The proposed house site is to the rear of the lot where it widens out. The lot needs a width variance but does front on a public r:adway. Lot 2 will access from Leaf Street. Again, the assumed house site is to the rear, overlooking the creek. This lot also needs a width variance. It. Drainage Drainage is a concern on this property only in that provision must be made to protect significant erainageways that traverse the property. "Stubbs Bay Creek" fo:.lows along the northwest lot line of the property. A detailed flood study of the drainage area was done in the 1970's and floodplain elevations have been defined. The City will requite granting of a Conservation and Flowage Easement coincidini with the floodplain elevations along the creek. Staff's preliminary review indicates that lot areas east of the drainage eaapment will still exceed the required 2.0 acres in area by a wide margin. Both access corridors are traversed by a minor creek/gully leading from a pond east of Leaf Street- Culverts and drivewa*-/ grading must be approved by the City Engineer to ensure no restrictions in flow through this drainageway. III. Setbacks Based on the Zoning Code definition of rear lot line and rear yard, Exhibit J indicates the setbacks that will be required for these lots. IV. Septic Concerns Applicant's Engineer has submitted soil testinc, info•mation for primary and alternate sites. The clay soils on the site a:e mottled at a 2'-3' depth, indicating mound systems will to necessary. We have some concerns as follows: a.) primary site for Lot 2 appears to be within a minor drainage swale from the properly tr, the northeast. The alternate site on Lot 2 is a much better site. 14c would prefer to see the primary site moved to a location away fcc she swale and fur_a, r ►lack from the southerly lot line, since a mou.:d in this area will have a potential impact on the soil -water regime of the neighborinq properties due to topography. b.) The primary site for Lot 1 is not in a swale but should also be moved nortnwesterly to reduce its impact on neighboring properties. c.) The alternate site for Lot 1 needs tc be better defined so that the orientation and size of the potential system to be installed is known and so that the driveway can be located to avoid this site. 11. Septic Concerns In Neighboring Properties Because this property is in the Stubbs Bay Sewer Study Area, it is appropriate to consider what effect, if any, this subdivision will have as to overall septic concerns in the area. There is no question that the two new lots can meet the standards for on -site sewage treatment. Staff does note, however, that the properties at 3280 and 3310 Bayside are each approximately only 0.9 acres in area, and have relatively little area that is potentially suitable for alternate septic systems (see Exhibit L). The southerly portion of Lot 1 will, as of this subdivision, no longer be viable a3 a potential future acquisition by either neighboring property for use as drainfield. Staff would suggest that this division may well seal the fate on the City's future determination of need to extend sewers to some properties in the study area t- c of Crestview. Staff Recommendation Staff recommends approval of the 2 lot plat for Craig Anderson subject to the following conditions: 1. Each lot must be at least 2.0 acres in dry buildable area east of the easterly floodplain boundary along the Stubbs Bay Creek. 2. '.o width variances for both lots to be granted. 3. Setbacks per Exhibit J of this memo. 1. Septic sites, house locations, driveway locations to be ref ine,9 in accordance wit`, Item IV above (work with staff on this and resolve prior to Council review for preliminary pl.t approval). 5. Preliminary plat .urvey to be completed and submitted prior to Council review for preliminary plat approval. 5. Flowage and Conservation Easement. to be gr-3nted in accordance with the fl-dplain boundaries along Stubbs Say Creek. 7. Grant standard drainage and utility ease -eats along all lot lines. Grant widened drainag? and utility easement for minor creek along Bayside Road. 8. Plat to dedicate 33' for right-of-way for Leaf Street and 33' for right-of-way for B:-iyside Road if surveyor determines those right -of -ways have never been so dedicated. 4. Park fees to be paid in tiie zimount of S200.00 per new lot (2 lots at $200 each - S400-10 total). 10. Final Driveway and culvert acc.iss locations to be approved by City Engineer. 11. Applicant is advised that a driveway permit mus` be obtained from Hennepin County for the Dayside Road (County Road 84) access. City of ORONO RESOLUTIOPI OF THE CITY CCUNCIL NO. 2169 or A RESOLQT_ON GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 375 LEAP STREET AND 3300 BAYSIDE ROAD APPLICATION NO. 1174 WHEREAS, Cr--",, K. Anderson on June 26, 1987 filed a formal subdivision application with the City for Approval of a two -lot residential plat of property legally described as - All of Lot 12, Auditor's Subdivision Number 203, Hennerin County, Minnesota, EXCEPT that part described as follows: reginning at the southeast corner thereof; thence West along the south line of said Lot 12 a distance of 310 feet, thence North and parallel with the east line o. said Lo 2, to the right-of-way line of the Minnesota Western Railroc_ thence Southeasterly along the Northerly line of said Lot 1.2 o the No-zhc.ast corner thereof; thence South 80 feet to place of beginning. All of Lot 13, Auditor's Subdivision Number 203, Htennepin County, Minnesota, EXCEPT that part described as follt^ws: Beginning at the Northeast corner thereof; thence West along the North line of said Lot 13 a distance of 3' 0 feet; thence South and parallel with the East line of sz, ' got 13 a distance of 124.7 feet; thence East and parallel wi i the Nort.. line of said Lot 13 a distance of 310 feet; theme Nortn -24.7 feet to place to beginning. All of Lot 18 and the west 121 feet of Lot 16 in Auditor's Subdivision Number 203, Ht-nnepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due pul;•:ishcd and mailed notice in accordance with r•'inncs1 Stat::es 4G2.358 e; seq. and the City of Grono zoning an:: Tlarting Codes, the Orono Planning Commission held a public hearing on Jul} 20, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak therecn; and Wn ERE; thQir regular meeting held on September 29, 1987, the O_onc City Cc, i considered the subdivision, application of Crain K. Andcrr.on . _ing the following findings of fact! 1. The property is locate) within the LR-lA ,inzle Family Lakcnhcre Residential zoninc riistrict requiring a minimum of 2 acres of contiguous dry buildable ;and within each newly created lot. Page ) of, 4 City Of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. «6 9 OF •-7 • 2. The property contains a total of approximately 5.82 aci of land. 3. Lot 1 contains 3.25 total acres of land, of which 2.28 acres of dry buildable land are contiguous wi�:h the proposed building site; Lot 2 contains 2.57 total acres of land of which 2.5 acr of dry buildable land are contiguous with the proposed bufld.' site. 4. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' front yard setback. Lot 1 contains 121.0 feet in defined width where 200.0 f._et in width is required, a variance of 79.0 fee;_.. Lot 2 contains 70.0 feet in defined width where 200.0 feet .n width is required, a variance of 130.0 feet. Each lot contains 200 or more feet of width at the proposed house location. 5. Lot 1 will access to gayside Rnad (County Road 84) and is subject to a Hennepin County access permit. Lot 2 will acres to Leaf Street and is subject to City approval of the access location. 6. The City will require a 20' wide drainage easement over each of Lots 1 and 2 for the minor crew:: traversing the lots near ,eir r•�spective rood access points. Each driveway crossinq r%f tt.=se drainngeways w.]i require installaiton of a culvert to be approved by the City Engineer. 7. The City will require a Conservation. ind Flowage Easement over the dcsignate�d floodplain of "unnamed Tributary to Stubbs Bay" on Lots 1 and '. H. Roth Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposed single family residences. 9. Single family residences can be constructed on both Lots 1 and 2 without the ne^d for farther variances. NOW, THEREFORE BE IT RESOLVED. that based up,_,n one or mor^ of the findings noted abol; e, the City Council of the City of Orono hereby approves the preliminary plat fo_ 'raiq K. Anderson at 375 Leaf Street and 100 Bayside Rcad per the _1irvey dated Jul) 17, 1987, revisei September 21, 19137 by Theodore D. Kemna, Schoell and Madson, inc. subject to the following conditions- Faa� Z of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. 2269 • ORONO 1. A variance will be granted to the 200' lot width standard for Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin County access permit. Lot 2 shall access to Leaf Street subject to City approval of the access location. 3. A Conservation and Flowage easement document shall be executed for the uesignated floodplain of "unnamed Tributary to Stubbs Bay" over Lots 1 and 2, and th= - easement shall be shown on the plat drawings as a drainage ea —lent. 4. No building permits will be issued and no permitted driveway construction or other excavation may be commenced until such time that the primary and alternate drainfield sites have been fenced off to eliminate disturbance of same. 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: 1. RECORD PLAT drawings in the form of two (2) myla.r copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Theodore D. Kemna dated July 17, 1987 revised September 21, 1987. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a 20' drainage easement within each of Lots 1 and 2 near the road access points, and of a drainage easement for the floodplain of the major creek on Lots 1 and 2, all to be shown as "drainage easements" on the plzt. 2. 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. Page 3 of 4 0 N city of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. 2269 • ORONO The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Conservation & Flowage Easement; blank area requiring description may be filled out as follows "over the drainage easements as shown on the plat of (plat name)". 3. FEES TO BE PAID: Total Due $550.00 a) Park Dedication Fee - 2 new residential lots at 2-acre density = $200.00 per lot. Total $400.00. b) Legal review and filing fees of $150.00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 28,1987. James R. Grabek-, Mayor ATTEST: 0 ot-.hy M/ llin, City Clerk J Page 4 of 4 City of ORONO RESOLUTION OF THE CITY COUP U'l ;�� �f � t ^ ,�M * NO. 2420 F[� =-`1; i 3..�ir add K-ZW e: A RESOLUTION APPROVING THE PLAT OF REBECCA WOODS APPLICATION NO. 1174 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 Crain Anderson, the subdivider; and WHEREAS, the City Council approved Resolution #2269 granting preliminary approval for a two -lot plat of property located at 175 Leaf Street and 3300 Bayside Road; and WHEREAS, the proposed plat contains two lots each exceeding the 2.0 acre minimum loc area requirement. Both lots require a variance to the 2C0' lot width requirement as measured at the rear of the 50' front yard ahutting the respective roadways; and WHEREAS, the subdivision has been found to meet all standards of the LR-lA zoning district finding that each lot is of a size and configuration that will allow its use for a sirgle family residence to be fully developed without the need of any further variances; and WHEREAS, both Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposed single family residences; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2269. 2. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of drainageways described therein and occuring within Lots 1 and 2. 3. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $' 50.00 and Park fees in the amount of $400.00. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 420 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Cit} of Orono hereby approves the plat of Rebecca Woods, Hennepin County, Minnesota, subject to the following conditions: 1. A variance is hereby granted to the 200' lot width standards for Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin Count! access permit. Lot 2 shall access to Leaf Street subject to Cit} approval of the access location. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before November 9, 198E together with a certified original copy of this Resolution anc executed copies of the documents 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 9th day of May, 1988. ATTEJST : 1, o-rothy Hallin', City Clerk James`R. Grabek, Mayor Page 2 of 2 L, COUNCIL MEETING SEP 81989 To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley CITY OF ORONO Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 29, 1989 Subject: #1443 John Skoglund, 1840 Fox Street - Variances - Public Hearing Zoning Districts - RR-lB Pertinent Ordinance Section 10.03, Subdivision 9 (D) - Setback variance required as proposed pool and pool 'louse structure are set in front of the front line of the principal structure. Section 10.02, Definition 39 - Lot Line - Front - That boundary of a lot that abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimensions on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designatRd by the owner and filed in the office of the Building Inspector. List of Exhibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's Addendum Exhibit E - Permit #51r0 Pool Permit Exhibit F - Survey for Original Terrace & Pool Exhibit G - Floor Plan - Original Layout. Exhibit H - Survey Reflecting Existing Construction Exhibit I - Site Plan - Proposed Pool & Pool House Exhibit J - Elevations Review of Application - Review Exhibits F, G and H. The current owner has removed the former deck and pool constructed in the west and front yard in 1983. It is the applicants current plan to install a pool and pool house in approximately the same yards. In reviewing the City files it is not clear under what directives the permit of 1983 was issued. But in review of the survey, Exhibit F, it appears that the permit may have been issued on the basis that the terrace and pool where attached to the principal structure. Clearly the current proposal involves detached accessory structures. Review Exhibit D. Applicant's attorney has asked the City to define the front lot line for this property as access Zoning File #1443 August 2 9 ,r+ 4?ftP�., Page 2 of ��`" to the site is viai the west lot line. The front of the house has been designed to face the west lot line. Mr. Talyor also called attention to the fact that the access drive is paved and provides access to Brown Road end if property to the west is developed this would be more then likely the location of a futuia private road. The City must deal with the facts at hand. The property could not be classified as a corner lot. Please review definition of a front lot tine noted above. The lot line adjacent to Fox Street (south iot line) is clearly the front lot line. East and west sides are side lot lines and the rear is the north lot line. In order to meet the requirements of the code the proposed pool house and pool would have to lie setback 120' from the front lot line. The pool house is located approximately 35' in front of the prinicpal structure, review Exhibit I. Review of Finding i Hardships - Applicants addendum notes the following findings and hardships: 1. Access to house is from the west. House was designed with west line as front. 2. Basic house and terrace decks were all located with City approval of alignment and setbacks in 1983. Pool is basically being reconstructed approximately in the same location as original one approved by the City. 3. To move the pool house to the west or the front of t'ie house would hinder the views from the front view windows said detract from the character of the home. 4. House is well screened from box Street on the south and to the east. Staff would like to add the following findings noted during the inspection of the site. 1. The higher elevations to the east and the heavy plantings to the east lessen the impact of the structure placed in the front yard. 2. Location of septic system to the north and west and the required 20' setback separation from drainfield places several limitations on the total realignment of pool and pool house behind 120' setback line. Options of Action - 1. Denial. If variance setback is to be denied, Planning Commission must reference neccesary findings in Section 10.08, Subdivision 3 (A). Zoning File #1443 August 29, 1989 Page 3 of 3 2. Approval. If approved Planning Commission may wish to consider hardships and findings noted above. Such approval would be subject to the following conditions: a. 10' separation must be maintained between proposed pool house and swiming pool. b. Applicant is encouraged/required to plant shrubs adjacent to pool house on south, east and west sides to lessen impact of two story structure. Zoning F'le #1443 August 29, 1989 Page 3 of 3 2. Approval. If approved Planning Commission may wish to consider hardships and findings noted above. Such approval would be subject to the following conditions: a. 10' separation must be maintained between proposed pool house and swiming pool. b. Applicant is encouraged/required to plant shrubs adjacent to pool house on south, east and west sides to lessen impact of two story structure. Additional Corents a,,c Plannin? Co=ission Recmmendation - September 7, 1989 Additional Rzhibits - Exhibit K - Landscape Plan The Planning Commission unanimously approved the setback variance for the proposed accessory structures located in front of the front line of the principal structure. The enclosed resolution has been drafted per the approval recommendation of the Planning Commission. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) FILE #1443 WHEREAS, John C. Skoglund (hereinafter "the applicant") is the owner of the property located at 1840 Fox Street within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Hi -Acres Two, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a pool and pool house located approximately 35' in front of the principal residence. The front lot line of the property runs along the south lot line adjacent to Fox Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1443. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District requiring 2 acres in area. The property consists of 2+ acres. 3. The Orono Planning Commission reviewed this application on September 6, 1989, and recommended approval of the proposed variance based upon the following findings: A) Access to the house is from the west. House was designed as the west line as the front lot line. B) Basic house and terrace decks were all located with City approval of alignment and setbacks in 1983. The pool is basically being reconstructed approximately in the same location as the original one approved by the City. C ) To move the pool house to the west or the front of the house would hinder the views from the front view windows and detract from the character of the home. Page 1 of 4 D) The house is } ;11 screened from Fox Street on the south and to the -.st. E) The higher elevations to the east and the heavy plantings to the east lessen the impact of the structure placed in the front yard. F) The location of the septic system to the north ar.d west and the required 20' setback separation from drainfield places limitations on the total realignment of the pool and pool house behind the 120' front setback line of the existing principal structure. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, conunents by the applicant and the effect of the proposed variance on the health, ,z,fety and welfare of the community. 71,e City Council finds that the conditions existing on th's G>roperty 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 posy. a fire hazard or other danger to neighboring propeity; 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 -n keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER FIND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance: to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a pool and pool house to be placed 35' in front of the front line of the existing residence that fronts on Fox Street, subject to the following conditions: 1. A 10' separation must be maintained between proposed pool house and swimming pool. 2. Applicant to amend land. ---Aping plan by Dundee Nursery and Landscape Company date- June 10, 1989 to include additional plantings to the south of the pool house in order to lessen impact of two-story structure. Page 2 of 4 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 (September 11, 1990). 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, unlerstood 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 llth day of SeptemL%er, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF - NNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this llth day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires — Page 3 of 4 Receipt- 41443 CITY OF ORONO - VARIANCE APPLICATION Application Fee $150.00 tni`ial App :0.00 per each additional varianc Rere ,=l Variance Fee $75.00 - ( n.1 _'range from original application) After-t'- '--Fact Fees (Double application fee) PROPERTY LOCATION Site Address 1840 Fox Street Property Identification Number (P.I.D.) PID 03-1"17-23-42-0008 Please check one - Property X abstract or torzens? _ - -- Attach legal description to application if not included on required survey. ---------------------------------------------=-- --------------- APPLICANT Phone (home) 941-1144 and 476-1000 Name John C. Skoglund Phone (work) Address: 1840 Fox Street City: Long Lake Zip:55356 --------------------------------------- OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired October 1988 (month/year) I (d&0 (do not) also own the adjacent parcels of land.---------------- --------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District RRIB - Present Use of Property Sinaie Family - Residential Other (specify) ---------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $18, 500 Describe request in detail: See Addendu -- ---------- --------------------------------- ----------------------- VARIANCES RNQUIRBD _ Lot Area Lot Width Hardcover Setback Variances ( X Front Side Rear) Other Ordinance Interpretation and Application to Unialic PrpPrt-; -- HARDSHIP Describe undue hardship or practical difficulty Ada Addendum from strict e:tforcement of zoning regulations: ----------------------------------------------------- ------- - DESCRIPTION O! UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: See Addendum ------------------------------------------------------------- ----- 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. Stampssed to each of the nameseon he aboved, legal list with ed pno return paddress p(use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations an requirsd. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). please attach a separate list of 7. As an addendum to this application, any other persons you wish notified of this application. S. Additional items as may be requested by City staff.------------------- _ _ _------•--- -------------------• --us- sign this, application. Please The Applicant and Property Ow.. remember that your •-ariance appi-ication is not complete if the above information has not been included. --------- _______________•__ ---------- ----- ---------- Certification by Zoning Department that Variance Application is complete. Zoni g Official's Signature ------------- Date _------_------ ------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information require3 or requested by the Zoning Administrator, agrees to pay all fees and/or that unusual expenses plied iseview true oandthis correctapplication, theand best Toffies his/her the information supplied knowledge. / Date July 27, 1989 Applicant's Signatu�(re 70 Skoglund OWNERS SIGNATURE The owner hereby ackowle es and agrees to this application consultantsr authorizes reasonable entry onto the property by ystaff, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. \ � 1 July 27, 1989 -----=s-Si-_ature/ - - Date Owner 9n :--�------- ---------------- ---------- j_ J Applicant must have a 7-- Applicant into the Cit.v offices 25 days before the Planning Commission Meeting. Planning commission omust be present at all scheduled third Monday of each month. Applicantslicant is a review meetings of the Planning commission n Council. ifanpp have an unable to attend a scheduled meeting, p makearrangements authorized agent attend in your place and to advise the B*jilding A Zoning Office of this change prior to the meeting. RUN DATE 07/26/89 1 BATCH 002 38 03-117-23 42 0002 ( PROP ADDR 01880 FOX ST OWNER NAME WH L WALDRON ETAL TAXPAYER WILLIAM L WALDRON NAME/ADDR 1880 FOX ST WAYZATA MN 55391 38 03-117-23 42 0009 PROP AODR 01820 FOX ST OWNER NAME CHARLES N MARVIN TAXPAYER CHARLES N MARVIN NAME/ADDR 1820 FOX STREET WAYZATA MI 55391 PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR I. � 002 00006 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OINERS LIST 38 03-117-23 42 0007 01860 FOX ST WILLIAM L WALDRON ETAL WILLIAM L WALDRON 1880 FOX ST WAYZATA MN 55391 38 03.117-23 43 0001 00038 ADDRESS UNASSIGNED SUAD H AZIIARI SUAD H AZHARI 1745 FOX ST WAYZATA MN 55391 REPORT NO. PI4�5401 PAGE 5 38 03-117-23 42 0008 01840 FOX ST J C SKOGLUNO i A J SKOGLUND JOHN C SKOGLLM40 4900 IDS TOWER HFLS MN 55402 38 03-117-23 43 0002 01925 FOX ST P H WATSON A J N ASHDOWN P H WATSON A .I ASHnow 1925 FOX ST WAYZATA MN 55391 I CERTIFY THAT .HE FACTS REPRESENTED ARE AN ACCURATE AND TRUE aEPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEI♦fJEPIN COUNTY DEPARTI NT OF PROPY TAXATION TO T E BEST OF MY KNONLEDGE AND BELIEF� DATE / Y su w wu•. 72 _i/ 111 i 1 valr :� 'sii'.s _s ADDENDUM TO VARIANCE APPLICATION 1840 Fox Street John C. Skoglund DESCRIPTION OF REQUEST: Owner desires to make additions to ex sting house, consisting of a reconstructed swimming pool and new pool house. House fa^es westerly. South lot line is north line of Fox Street, - public street. Access to house is not directly from Fox Street, but is from private drive or roadway west of the lot which roughly parallels the west line, and enters property at northwest corner, circling northeast, east and south to the circular term around northeast of the house. Main portion of private Load proceeds north to serve property owner to north. It is a wide, asphalt drive. This private drive also proceeds west from in front of house to the north and goes west to Brown Road. East -west Pnrtinn of privaLC drive is not paved. Main portion of house if 60 feet from west lot line, and even after new room addition on the south side will be about 120 feet from north line of Fox Street on the south. Open terrace and deck area now existing are approximately 30 feet from west line and 95 feet from north line of Fox Street. Proposed new pool and pool house are to be approximately 57 feet from west line, and approximately 83 feet from north line of Fox Street. Therefore, the requested pool and pool house would be i) approximately 3 feet nearer the west line than the main house, but would still be substantially easterly the most westerly edge of the existing terrace and deck; and ii) approximately 37 feet nearer the north line of Fox Street than the main house after the addition. HARDSHIP: Access to house is from the west. House was ori— g nally designed with west line as the "front." Access to the lot is from northwest of the house. Basic house and terraced decks were all located with City approval of alignment, set hacks, etc, in 1983. Pool is being reconstructed in approximately the same location as originally approved by the City. Pool house is the only new accessory building. It must be located near the pool. Only other location are west and north of the pool. Both locations would cut off the view and seriously mar the "front" of the home. Only possible location is south east of the pool. UNUSUAL PROPERTY CONDITIONS: The original placement of house on the lot is unusual. The house is very well screened from Fox Street on the south by dense shrubbery and trees. It is visible driving east on Fox Street, but presents a pleasing appearance from that view. Location of pool house southeasterly of pool and terrace would not be noticeable and/or obtrusive. REQUEST FOR INTERPRETATION: Private drive west of lot is well developed, prominent. If area to west and north of this lot is developed, this private drive would be a logical, dedicated private (or public) access. It now proceeds out to Brown Road as well. This should be sufficient reason to determine that this lc- is a corner lot, permitting a choice of front yards to the owner. The previous owner has obviously already chosen the west lot line as his front line. It is the lin-, from which the access comes. If that interpretation is made, the swimming pool reconstruction and the pool house construction would be to the side of the house, not n front of it, would not conflict with Section 10.03, Subdivision 9(D) of the Zoning Code, and would still remain more than 80 feet back from Fox Street, well within a front yard set back there. If variance from 50 foot required front yard set back from west line is required due to deck, terrace and new pool house, it should be readily granted on grounds the City originally granted building permit which contemplated a 30 foot set back from that west line of the terrace and deck improvements. The following attachments are made a part of this Application: 1. Certified Property Owner's List 2. Stamped, leqal sized envelopes (#10) pre -addressed to all cf the names. 3. Current survey of Property dated June 13, 1989. 4. Plat map. 5. additional items: (a) Copy of letter from Michael P. Gaffron, Assistant Planning & Zoning Administrator, dated July 10, 1989 with copy of February 22, 1983 survey attached. (b) Copy of survey dated February 22, 1983, showing location of proposed house and proposed terrace, deck and pool. (c) Drawing of proposed improvements on lot submitted to City of Orono with Building Per -nit Application for construction of house in 1983 (2 pages). - 2 - The zoning district does not require for no changes in existing grade are - 3 - hardcover calculations proposed. b--S •4. �'T a z_ - � of (; 1� O PERMIT N � r 51501 1j .., ding Permit DATE ISSUED IO O~ V •,PPLICATION FOR CERTIFICATE OF CCCUPANCY EXPI ES 7X 58, CRYSTAL BAY, MN 55323 473.7357 'ING DISTRICT SITE ADDRESS LEGAL DECCRIPTION: PROP. ID.. LOT BLOCK SUBDIVISION - 'ONE R (N I (Addrett) (Phone) DATE ARCHITECTlENGINEER —Mutt GrtiN Multi•Fernfly, Comrnetr:lal h InduttrlN ConettuCtlon Plrltiq� USE DATE ERT.NO. irm) --.AREA (Pfidrl r ' ''T'''r>'�'s =� DEPTH 8 ILOER IFirml (Addrett) v��✓ '0" TSED SETBACKS SIDE AID,-f N11 L.31DE RMorw ►,4 TYPE OF WORK J Addition Remodel ` IC ST. TYPE BLDG. SIZE EST. CONST. VALUATION 2j1. j ND. _ V,�iyl' L. / W. ' Ht.ho1>"u.fl ACCESS RESIDENTtAl STORIES B 1 2 3 0ERMII"F1. .. NEW EXISTING DWELL �•'� BORMSfPLR " stATE FEe'�!? AGFNCY-APPROV. DATE UNITS - GAR.9TALLS SEPTIC A4'�t AAN,Rd�rVIt CITv DO. ATT. ADATE ,"C.;vTY DOCx NO". ESID. PROPOSED USE r'� �•' }1s .— f .r ''TATE ` !'SACCf1xM��:� !: CASEMENT OcO• _ :"�' �3• .,ti' ';^• ' '� CLASS. STORIES COUNCIL "' •jr�' j+{ ` `� I APP. DATE • S �Aat(�jj�i�e� F'.aARK3: ,�: �'•.-a`[•fi•'L`�,�:79"•�'v IMSPECTION REQUIRED WORK REQUIRING 4 "AdKNbML E SEPARATE PERMITS ✓ FOOTINO before p-I THE UN0t%3tONE0 HEApY titsultti�►o�I FnAMING rough -In PLUMBING THE REAL tMPROVFMVN+>f ; MEC1�li{3►v , ,� _ _ INSULATION WALLBOARD Boors Taplrq MECHANICAL UNOEf1 PENALTY OP EAM/ACNib_C7 --�L WELL AN" OF ALL INPORh[ArON. iOMO�f'�Iw' 11� FINAL txtors oecUPOWY 0 1., SEPTIC MENTI REPRti[ENno ON twig DORJ NT.�T1 'Mel W.NnK SEYONO OR WrTHOUT A RE- SEWER ' lUllEO INVECTK)N WILL BE SUB '[tON[t?RURTIIMAOR[E[TODOACI: �* WATER ►LIANC[ wrm ALL Crl-y o14oNooRoli`iivKil' 18+ ,c(.'T TO IENALTY• GRADING A FILLINO - •."ECTION HOURS 473.7367 OI MINN�9OTA BUILCING 000114*104 CnLL8-12A.M.INSP. I.4P.M. -ALL 1- 4 P.M. INV. NEXTDAY ELECTRIGIhomttfr � �,•_ �■ wmiTE-FILE GREEN -FINANCE +- CANARY—INSIf=R GOLD—RECEI►T- PINK-ASSESSOR v _.. �.. .y .•. .. 4,`,lr .•. T•"e+� f' • t ..l•4, i� j r f f .. . � ',!• fir• �l „r•�t.r 1'�,•t (s, '1:'L i'.lr`:f �.1 :!1 •r _ i I 1 r� 'fit F.i •l:f rii 1 Jr'.,.,1 .Y:! 1'1;� �• � i E I Fn t f A,,! s f nt ttl:. ^►I'l ►t� / J " / I i I I • ' N f N � I � I I � • R I I b •-� r i.- � A V .... gyp'• ..... � 1 ' 1 a'� o ,ems°' M � :;:i' I:: -•� � ..••• i� r� I Tii�ect, I 1 N.. I - i ~ , to" 1+ I i fir• • I � I i } 1 FoX S rREE r CcrtificaLe of Survey for McNulty Construction of Lot 1, Block 1, HI -ACRES TI-10 Hennepin County, Minnesota 1• ,,rrA y\ I 1 w Y/yam„✓1'? for St�/� I I hereby certify that this is a true and correct repre- sentation of a survey of the boundaries of Lot 1, Block 1, HI -ACRES TWO, Henne- pin County, Minnesota, and the location of any build- ings located thereon and also the proposed location of any additions to said buildings. It does not pur- port to show any other im- provements or encroachments. COFFIN & GRONBERG, INC. Oaf rK. >. Gronberg-Mn. ic. No. 1275 Engineers, Land Surveyors & Planners Long Lake, Minnesota Scale 1 inch = 50 feet Date 6-13-83 0 Iron marker �, _, _- - sue^ - -_• -'- zf tr • _ •�•♦ � _ '(/fi/lIy E�Jt1,KwI�'..r =_ +,__ �«� _ '� �'�-w. 1.3�� '.�_ :3: - �-�•�t_. - �•.�� �.•.�t _-��T�,T_�_.-_L� fir: �_•--'•-�• •-� �a._�.5;1-L.."K;��'�r�-`.f"%�t'�� �.:�'6.�s=�- � ':' _ •-. �►• ..0 � _ f•:.c•+•L. -a' =_r' . � w _- _ ....-•vr. •:tl ie�•A:.i�.:.s:t. :_. . . �--.� i.• •:•h: �.-.• - •L jam•, "' �..:.• J+ `.+:. . ...- -� J-��•1'�;i }b.`^"•a.•..-�' -=- ..r-. ..tiw.r•�� ._1..• �.. _yy:. :r-,l�;�I••:. .. /`y '�,L �1 .�' -�?..h _.��� ..t �r� _�—'��� .'�LLi� �y�-�..r. _��•:� N. �;..�_.^.• �=�.v.._Z i.,_•� �f1 _F2� •.r ^'t�+. .�,�;. •L•'s_tr .. �- -.'f. �_ 's- .�. •-a:- _ ::� "Sia :•ice.. :'l �.i -.'.!.._...�_. � - t i Y _ _ •ice / ... _ �. .... __ .... . .. :. _ � ,»_r-. /'' Z r. '. •n.. • //r .: � .. .ate: _ � r. .�. � ' c '�'•i _ ink + t .y c.. .:.=f'�y•y '. y' _.+,,r•:. '� by • �''•��^"�+�,,�� r���^=- .ri /` ' �: t .KV":.f�s.:'Z'• �y�r.! ..-ta•�. i,-T'•(. LJ.. ..Moog •:. t At aw .•fit w:. `t i' .~"�-,i:.�:w-..,.«�..y `•=',•�f.�.i .i...•iL ..{. +a_:�+u'"fi_C_+"'^�-Ir � M� •� �:lg ATEl AS:.� ILIAD N i a - rZ Z�.I 1 '� I •'i 3 . �1 / foo L. A pr I r Lb a rr 8E, Noiar OFI DOT'_ DAS4 .jN{- RT % �` ram' `;'�•.. \ co ysw bo IN. tv fp lk, IV. -*Y 0 %ik4- COUNCIL MEET*a , S E P 81989 To: Mayor GrF.bek & Orono Council Members City Adninistrator Bernhardson CITY OF ORONO From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 7, 1989 Subject: #1448 Kevin B. Hawkinson, 1125 Willow Drive North - Preliminary Subdivision - Resolution Zoning District - RR-1B, 2 acre, unsewered Application - Two lot subdivision to create a new building site. List of Rzhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action 8/22/89 Exhibit C - Letter from Hennepin County Department of Public Works 8/21/89 Exhibit D - Memo & Exhibits of 8/15/89 Discussion - Please review the memo and exhibits of August 15, 1989. This is a request to subdivide this 5.91 acr parcel to create a new 3.38 ac:e building site. Because the property is relatively low, staff carefully reviewed the site information available ai:-3 requested a special review of the drainage by applicant's engineer. Based on the information provided, an additional drainage easement will be required in conjunction with the existing Conservation and Flowage Easement for the pond in proposed Lot 1. Elevations downstream from the pond suggest that, similar to the two neighboring lots to the west, a residence can be constructed on this property _f special consideration is given to designing for the marginal soil conditions. Note that the only sui*able sites for primary and alternate on -site systems are in the northwest corner of the lot, where an area of LeSeur loam soil exists that is suitable for mounds. Since the Planning Commission meeting, Hennepin Courity has sent a letter requesting additional right-of-way of 17' along Willow Drive, to accommidate the County Road 116 extension. Planning Commission did address this expected request, and agreed with staff that only 7' of additional right-of-way should be dedicated with this plat, and that Hennepin County should deal with the property owner in gaining the final 10' of right-of-way. This is consistent with the City's position on the Otten Brothers property at Willow Drive and Highway 12. Note that Mr. Hawkinson has a considerable concern regarding the extra right-of-way, since it will encroach into his existing drainfield area. Zoning File #1448 September 7, 1989 Page 2 of 3 Additionally, Hennepin County requests that the driveways for Lots 1 and 2 be located at the northeast corner of each respective lot. This is no problem for the proposed Lot 1 building site, but would require relocation of the existing driveway for Lot 2, again having a significant effect on not only the existing drainfield site but on one of the tested alternate sites. Since Lot 2 has any number of likely suitable drainfield sites on the westerly portion of the property, if the constructic: of County Road 116 ultimately destroys the existing drainfield system, staff would not anticipate problems in relocating that system. However, stafc feels the City should not require relocation of the driveway until such time that County Road 116 becomes a reality. The Planning Commission at their i«eeting of August 21st, voted 4-1 to recommend approval of the proposed plat subject to the following conditions: 1. An area 130' in east/west width and 140' in north/south width at the northwest corner of the property shall be devoted exclusively for drainfield sites and drainfield setbacks. No building construction shall encroach upon this defined area. The drainfield sites shall be fenced off during house construction. 2. Approval of a separate driveway for proposed Lot 1 onto Willow Drive, location and culvert subject to approval of Public Works Department. i. Dedication on the plat of an additional 7' of right-of- way for Willow Drive, creating a 40' right-of-way from the center line. 4. Standard drainage and utility easements to be shown on the plat along all property boundaries. 5. A 20' drainage easement shall be dedicated on the plat between the pond and the west lot line of Lot 1. Current Conservation & Flowage Easement over the pond shall remain in effect. 6. Wetland setbacks in the vicinity of the pond shall be measured from the 1034' contour as shown on the topographic survey. No setback shall be required from the 20' drainageway easement. 7. Applicant shall remove one or more existing accessory buildings so that the total footprint area of remaining accessory buildings does not exceed 2,400 square feet. Zoning File #1448 September 7, 1989 Page 3 of 3 B. Payment of Park Fee for Lot 1 in the amount of $200.00 per the current fee schedule. Staff Aecosendation - Staff recommends approval per the Planning Commission recommendation. A resolution of preliminary plat approval is included for Council review. A RESOLUTION GRANTING PRELIMINARY APPROVAL POR A PLAT AT 1125 WILLOW DRIVE NORTH FILE NO. 1448 WHEREAS, Kevin B. Hawkinson on July 28, 1989 filed a formal subdivision application with the City of Orono for approval of a two -lot residential plat of property legally described as follows: Lot 1, Block 1, Willow Run, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on Fagust 21, 1989 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 11, 1989, the Orono City Council considered the subdivision application of Kevin B. Hawkinson, noting the following findings of fact: 1. The proF-rty is located within the RR-1B Single Family Rural Residential Zoning District requiring a minimum of 2.0 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately ".91 acres, of which 0.74 acres is considered wetland and 3.17 acres is considered as dry buildable. Proposed Lot 1 contains 2.64 acres of dry land and 0.74 acres of wetland, for a total area of 3.38 acres. Proposed Lot 2 contains 2.53 acres of dry buildable land. Both Lots 1 and 2 exceed the minimum 200' lot width requirement 50' back from the abutting public roadways. 3. Proposed Lot 1 will gain access to Willow Drive via a single driveway curb cut at the northeast quadrant of Lot 1. Lot 2 currently has access to Willow Drive via an exist+n n driveway. The pzoposed lot configuration is not suita for using a shared driveway access point for ".nts 1 and Page 1 of 5 4. The City will require that a drainage easement 20' in width be granted along the drainageway leading westerly from the pond in Lot 1. 5. The City will require that 7' of additional right-of-way for Willow Drive North be dedicated on the plat. 6. Both Lots 1 and 2 have been demonstrated to have suitable sites for primary and alternate drainfields to serve existing and proposed houses. On Lot 1, the only feasible sites for drainfields are located in the northwest corner of the lot. 7. Existing accessory bui: on Lot 2 total 2,900 square feet. Pursuant to the ac. :y structure requirements of the City ordinances, cally z,4bll square feet of accessory buildings would be allowed for this 2.53 acre lot. Accessory buildings on Lot 2 shall be removed such that the combined footprint of accessory structures on Lot 2 does not exceed the 2,400 square foot accessory structure allowance for that lot. The proposed division line leaves adequate minimum setbacks to all principal and accessory structures on the property. 8. A single family residence can be constructed on Lot 1 without the need for further variances. NOW, THEREFORE BE IT RESOLVED, that based upon either one -: more of the findings noted ab-r>>e, the City Council of the City of Orono hereby approves the preliminary plat for Kevin B. Hawkinson at 1125 Willow Drive North per the survey dated July 25, 1989 by Mark S. Gronberg, subject to the following conditions: 1. An area 130' in east/west width and 140' in north/south width at the northwest corner of the property shall be devoted exclusively for drainfield sites and drainfield setbacks. No building construction shall encroach upon this defined area. The drainfield sites shall be fenced off during house construction ksee Exhibit A, attached). Page 2 of 5 2. A separate driveway curb cut onto Willow Drive will be approved for Lot 1, such driveway location and culvert subject to approval of the Public Works Department. The applicant is advised that, if Willow Drive becomes redesignated as CSAH 116, the driveway location shall additionally be sL-hject to approval of the Hennepin County Department of Public :'orks. 3. An additional 7' of right-of-way for Willow Drive, creating a 40' right -of -hay from the center line, shall be dedicated on the plat. 4. Standard drainage and utility easements shall be shown on the plat along all property boundaries. 5. A 20' drainage easement shall be dedicated on the plat between the pond and the west lot line of Lot 1. The existing Conservation & Flowage Easement over -,:he pond shall remain in effect. 6. Wetland setbacks in the vicinity of the pond shall be measured from the 1034' contour as shown on the topographic survey (see Exhibit A, attached). No setback shall be required from the 20' drainageway easement. 7. The applicant shall remove one or more existing accessory buildings so that the total footprint area of remaining accessory buildings does not exceed 2,400 square feet. Such removal shall occur prior to final plat approval. 8. Payment of Park Fee for Lot ' in the amount of $200.00 per the current fee schedule. 9. The applicant is advised of Hennepin County's request for additional right-of-way in excess of the additional 7' required by the City in this resolution for future County Road 116. The applicant is further advised of Hennepin County Public Works Department's request that the driveway serving the existing house on Lot 2 be relocated to the northeast corner of Lot 2. Relocation of the driveway for Lot 2 is not a requirement of the City as part of this subdivision. Page 3 of 5 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"=2001. Drawing to include: a) Lot lines platted per preliminary survey by Mark S. Gronberg dated July 25, 1989. b) Dedication of an additional 7' of right-of-way for North Willow Drive. c) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. d) Dedication of a drainage easement on the plat being 20' in width and centered on the drainageway leading westerly from the existing pond in Lot 1, to the west line of Lot 1 (see Exhibit A, attached). B. LEGAL DOCUMENTS required: C_] 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. FEES TO BE PAID: Total Due $350.00 a) Park dedication fee per current schedule: 1 new residential lot @ 2 acre density = $200.00 b) Legal review and filing fees of $150.00 Page 4 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this llth of September, 1989. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me ot, this llth day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary blic My Commission Expires Page 5 of 5 ZONING FILE NO. 1448 ZTY OF nor%un NOTICE OF PLANNING COMMISSION ACTION C P.O. Box 66 22/89 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/----- --------------------------------------------- TO: Kevin B. Hawkinson COPIES TO: Kevin B. Hawkinson 1125 Willow Dr N 521 Glendale St Long Lake, MN 55356 Owatonna, MN 55060 TYPE OF APPLICATION: Subdivision ------------------------------------------------ ---------- DATE OF MEETING: 8/21/89 DOTE: 4 For 1 Against Planning Commission reco®ends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. An area 130' in east/west width and 140' in north/south width at the northwest corner of the property shall be devoted exclusively for drainfield sites and drainfield setbacks. No building construction shall encroach upon this defined area. The drainfield sites shall be fenced off during house construction. 2. Approval of a separate driveway for proposed Lot 1 onto Willow Drive, location and culvert subject to approval of Public Works Department. 3. Dedication on the plat of an additional 7' of right-of-way for Willow Drive, creating a 40' right-of-way from the center line. 4. Standard drainage and utility easements to be shown on the plat along all property boundaries. 5. A 20' drainage easement shall be dedicated on the plat between the pond and the west lot line of Lot 1. Current Conservation & Flowage Easement over the pond shall remain in effect. 6. Pending flood plain information to the contrary, wetland setbacks in the vicinity of the pond shall be measured from the 1034' contour as shown on the topographic survey. No setback shall be required from the 20' drainageway easement. 7. Applicant shall remove one or more existing accessory buildings so that the total footprint area of remaining accessory buildings does not exceed 2,400 square feet. 8. Payment of Park Fee for Lot 1 in the amount of $200.00 per the current fee schedule. Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1989; meeting starts at 7:00 p•m• If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Planning Commissioner Hanson, to table this application until such time that the septic information can be submitted. Motion, Ayes=5, Nays=O, Motion passed. #1448 KEVIN HAWKINSON 1125 WILLOW DRIVE NORTH PRELIMINARY SUBDIVISION CLASS II PUBLIC HEARING 9:00 P.M. TO 9:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Hawkinson were present for this public hearing. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the applicants were proposing a two lot subdivision. This 5-acre lot intended for subdivision was part of a 4-lot subdivision approved in 1978. The Hawkinson's wish to create a 3 acre and 2 acre lot. There is an existing pond in the proposed Lot 1 which has a Conservation and Flowage Easement granted over it. Drainfield testing has occurred in the northwest corner, the highest ground on the property, and it was determined that mound systems would be suitable. There is a drainageway that runs across to ponds to the west where there are existing houses. Gaffron said that the surveyor took elevation pictures which indicated that drainage flowed from the east to the west. Gaffron said that it would be likely that the City Enginaer will require a 20' wide drainage easement to assure that drainage will continue to f low into the western pond. Gaffron also explained the proposed access for Lot 1 and the potential conflict of the County right-of-way and existing drainfield sytem for Lot 2. He said that due to a need for turn lanes on Willow ZONING FILE #1448-HAWKINSON CONTINUED (should that section of Willow become County Road 116) the County would probably ask for additional footage. Gaffron said that there are existing accessory buildings on Lot 2 which total 2,900 s.f. Gaffron noted the options available for addressing the accessory structures. Chairman Kelley said that there would be no need for variance approval if the applicant would agree to remove enough of the accessory structures to meet the City Code. Mr. Hawkinson said that he would see no problem with that. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of the preliminary subdivision, pursuant to staff recommendations and the removal of sufficient accessory structure, not to exceed the 2,400 s.f. allowable. Planning Commissioner Hanson said that he had contemplated purchasing this property at one time, but he back away from it because he did not think that the soils were conducive to building. Gaffron said that there was no question that the soils were Glencoe and that this was a "builder beware" type of lot because expenses will need to be incurred for soil correction. Motion, Ayes=4, Hanson, Nay, Motion passed. MORSE HOMES 4127 OAK STREET HENNEPIN LFU August 21, 1989 DEPARTMENT OF PUBLIC WORKS Engineering Division 320 Washington Ave. South Hopkins, Minnesota 55343-8468 Phone: (612) 935-3381 Mr. Micheal P. Gaffron Asst. Planning & Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: IKIG RE: Proposed Plat - Lot 1, Block 1 of Willow Run - Kevin Hawkinson CSAH 6, Northwest quadrant of Willow Drive Section 28, Township 118, Range 23 Hennepin County Plat No. 1772 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: - No additional right of way required by Hennepin County along CSAH 6 in the area of this plat at this time. The existing 50 feet from the center of CSAH 6 is acceptable to Hennepin County. - ( - future channelization at this intersection as part of the CSAH 116 extension the developer should dedicate an additional 17 feet of right of way along the frontage abutting Willow Drive making the right of way 50 feet from the center of Willow Drive. - To increase the spacing from the street intersection and the driveway, the driveway to Lot 2 must be moved to the north lot line of Lot 2. The new access to Lot 1 must be located to the north lot line of Lot 1. All geometrics of the access must be coordinated with Steve Theis, Hennepin County Preliminary Design Engineer. - Any new access to a county road or any revision to an existing driveway requires an approved Hennepin County entrance permit before beginning any constiuctiuli. Contact our Operations Division for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, b6t is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Operations Division for utility permit forms. HENNEPIN COUNTY an equal opportunity employer Michael Gaffron Page 2 August 21, 1989 - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. Transportation Planning DWS/LDW:lw To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaff ron, Asst Planning & Zoning Administrator note: August 15, 1989 Subject: #1448 Kevin B. Hawkinson, 1125 willow Drive North - Preliminary Subdivision - Public Hearing ;,'oning 'Distxlot - RR-lB, 2 acre, unsewered Application - Two lot subdivision to create a new building site. List c:f Sx�hib: zs Exhibit A - Application Exhibit B - Plat Map • Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notations Exhibit F - Documentation from Application #363 (1978 subdivision) Exhibit G - Wetland Air Photo Pertinent Facts - 1. Proposed Lot 1: Proposed Lot 2: TOTAL PROPERTY AREA: 2.64 acres dry 0.74 acres wetland 3.38 acres total 2.53 acres dry (total) 5.91 acres 2. Primary and alternate drainfield sites have been tested for proposed Lot 1. This is the high point of the lot, and takes up the northwesterly corner of the property. The primary and alternate sites are adjacent to each other, and both would require the use of a mound -type drainfield system. The staff sketch shows the l30'xl40' area that must remain undisturbed to accommodate septic systems on this property. Due to the need to keep 75' setback from the actual pond area, approximately two-thirds of the property is unsuited for drainfield use. The soils map submitted with Application #363 indicates the drainfield sites proposed are located in the only area of suitable soil (LeSeur loam, seasonal water table at 3' depth) on the property, the remainder being a Glencoe soil with seasonal water table less than l' from the surface in wet seasons Zoning File #1448 August 15, 1989 Page 2 of 5 Two drainfield sites were tested for the existing house ir_ 1978 during the subdivision that created the plat of Willow Run. Additional testing was done in 1978 to verify that a shallow trench system could be placed relatively near the house, and that system was constructed in 1978. An area northwest of the house but south of the existing pond would meet the setback and soil requirements for use as an alternate site. This site would require a mound system. A second alternate site was tested in 1978 to the southwest of the house, although a portion of that site is less than the required 75' setback from the well. Ample area exists further west on Lot 2 such that a number of future drainfield alternatives exist. The existing system appears to be functioning adequately. 3. The pond in proposed Lot 1 was shown on the original plat of Willow Run, and described on the plat as a "pond" within a squared -off survey line. The Conservation and Flowage Easement granted over that pond is described by a 180' diameter circle centered over the pond. This is shown on the staff sketch. The Conservation and Flowage Easement description generally follows the boundaries of the banks of the pond, and does not include the drainageway leading to the next lot to the west. The City Engineer has recommended that a 20' wide drainage easement be shown on the plat drawings over this drainageway. Alternatively, the applicant could re -direct the drainageway to the south lot line of Lot 1, which would allow him to do some filling in the existing drainageway in order to increase the size of the buildable envelope. However, if applicant does not choose to do that as part of the subdivision, any future intent to do so would require a conditional use permit. Staff has requested applicant's surveyor to provide elevations along this drainageway and tc provide hydrologic calculations for this watershed to O etermine the flood boundaries of the pond. Although such information has not been received as of `:,.is writing, staff would expect that the 1034 contour in t: area of the pond would provide the appropriate wetland boundary for determination of the 26' wetland setbacks. City Engineer Glenn Cook also noted that in his opinion, the City should not require the 26' setback from drainageway corridors, only from the boundaries of defined wetlands, since the two serve different functions. (Fonds and wetlands hold the run-off and provide flood storage as well as nutrient retention and significant wildlife habitat. Zoning File #1448 August 15, 1989 Page 3 of 5 The drainageways subject to 20' wide drainage easements merely serve to move the water from wetland to wetland but normally do not provide the same benefits as wetland areas and should not be subject to the 26' setback.) 4. Building envelope. The potential building envelope for proposed Lot 1 would appear to be east of the area dedicated for drainfield sites. An area of approximately 10,000- 12,000 square feet appears to be available, meeting the required setbacks. A second potential alternative building site would be just southwest of the pond on higher ground, but this site would require a driveway along the proposed division line or an extremely long driveway along the north and west sides of the pond. Note that the northerly 70' of the property is covered by a power line maintenance easement, with the existing power line being approximately 35' south of the north lot line. The easement language suggests that development is not disallowed within the 70' corridor so that a house could be built within that easement area. Those power line easements rui in favir of Wright Hennepin Electric Co-op and Rural Co-op Power Association. Because of the Glencoe -type high wacer table soils in the potential building sites, one would expect that a residence would be constructed with a very shallow (if any) basement, and we would expect significant filling around the foundation of the house to elevate it. This would be typical of the houses successfully developed to the immediate west of the property in the same soil types. 5. Willow Drive is currently a City road, and Public Works Director John Gerhardson notes that a new driveway curb cut at virtually any location along Willow Drive to serve Lot 1 will be suitable. The existing driveway for the house on Lot 2 is located on Willow Drive about 75' north of the intErsection With County Road 6, and would not be a suitable location for a shared driveway. With this information, staff would recommend approval of a new separate curb cut to serve proposed Lot 1. Zoning File #1448 August 15, 1989 Page 4 of 5 Because Willow Drive may ultimately become County Road 116, a copy of the proposed plat has been sent to Hennepin County nor review. Although no word has been received as of this writing, it is anticipated that *hc. County will ask for at least 7' of additional right-of-wa, along Willow Drive, to give it 40' right-of-way width either side of the center line. This will not significantly impact proposed Lot 1, but note that the existing drainfield in Lot 2 is just 10' from the current right-of-way and would be very near a widened right-of-way. Depending on the future need for turn lanes, etc. for southbound Willow Drive, widening of Willow Drive may someday have an impact on that ...ainfield system. As noted previously, at least two additional drainfield sites are available. 6. Existing accessory buildings on Lot 2 total 2,90J square feet. The new accessory structure ordinance, which was adopted after the current subdivision application was made, would allow only 2,400 square feet of accessory buildings for a lot from 2.00 to 3.00 acres in area. Planning Commission might wish to consider the following options: A) Determine that this application is not subject to that ordinance, since application was made before that ordinance was passed. B) Recommend that a variance be granted to keep the existing accessory structures as -is. C) Recommend that applicant be required to remove one or more buildings to meet the ''•400 square foot maximum combined footprint for accessory structures. Discussion Staff's initial reaction to this proposal was that there would be major problems accomplishing this subdivision. However, after walking the property, it does appear that there is a feasible building site in addition to the required primary and alternate drainfield si.es with adequate setbacks. Each lot contains at least two acres of dry buildable contiguous land. The proposed dividing line leaves adequate setbacks to all existing buildings. Staff Reco endation - Staff would recommend approval of the proposed subdivision. The following issues should be addressed by the Planning Commission: Zoning File #1448 August 15, 1989 Page 5 of 5 1. Should existing accessory buildings on Lot 2 be removed in order t et`the new accessory structure code requiremen s? c�E, c 2. Does applicant wish to revise the pond outlet to follow the proposed dividing line, or does he wish tc grant the 20' drainage easement over ts:q existing drainageway? Staff would recommend the following conditions of approval: 1. An area 130' in east/west width and 140' in north/south width at the northwest corner of the property c�7all be devoted exclusively for drainfield sites and u.�:ainfield setbacks. No building construction shall encroach upon this defined area. The drainfield sites shall be fenced off during house construction. 2. Approval of a separate driveway for proposed Lot 1 onto Willow Drive, location and culvert subject to approval of Public Works Department. 3. Dedication on the plat of an additional 7' of right-oL- way for Willow Drive, creating a 40' right-of-way from the center line (only if Hennepin County requests it). 4. Standard drainage and utili"-ea, ements to be shown on the plat Along all property boundariea. 5. A 20' dra:_-iage easement shall be dedicated on the plat betwee the pond nd the west lot line of Lot 1. Current Conservation & F1,4age Easement over the pond shall remain in effect. 5. Pending flood plain information to the contrary, vet_ .nd set.back�t n the vicinity of the pond shall be measured from the 10'? I' contour as shown on the topographic survey. No serbrzz;t n0a.11 be required from the 20' drainageway easement. 7. Apr] rant s;.all remove one or more existing accessory buildingb so that the total footprint area of remaining accessor;7 bull -dings does not exceed 2,400 square feet. 8. Payment of Park Fee f r Let 1 in the amount of $200.00 per the current fee schedule. � t`' I � �'�� • P � �� F F t2�=c e Receipt �/� CITY OF ORONO - SUBDIVISION APPLICATION -_ PROPERTY LOCATIONSite Address�j 2 Vy I �0(ti i • �m . - Property Identification Number (P.I.D.) Please check one - Property —Z- abstract or torrrens? f�� / Attach legal description to application. Lof t p 1 Or V V h l l l/ �w A ur --------------------------------------------------'�-----------)-----r---.---- APPLICANT Phone (home) - 3 Name ��,'�, f� Naw ,� s,-�; Phone (work ) 3 Address:/�2.5 Will,, I& /lip City: �hono Zip: ---------------------- OWNER, kif different than applicant) Phone (home) Name fi �O(v� Phone (work) Address: City: Zip: (attach list if more than one) ----------------------------------------------------------- --------------- EXISTING LAND USE Number of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use ''heck) Residential; no. of units Other (specify) Present Zoning District -- - - - - - - - - - - - - - - - - - - - - . -.--------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) ;l Subdivision for New Building Sites Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) a Units per 5"9 Acres 97, /2 D Sq Feet Dry Buildable Land Residential Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 35V (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). OAs an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature Date 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- FFM Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Pl»s any legal or engineering charges) --------------------------------------------------------------------------- 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 Signatur G�tr,ly �� .� Date �� 0 Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. f�~ l+ RUN DATE 07/20/89 BATCH 006 38 27-118-23 32 0002 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME EARL R ENGAN TAXPAYER EARL R ENGAN NAME/ADDR 901 W LINDEN FERGUS FALLS MN 56537 38 28-118-23 41 0002 PROP ADDR 012ZS HILLON DR N OWNER NAME K ': R HAW(IfSON TAXPAYER KFVIN B A RAMONA F HAYKINSON (717 NAME/ADDR 1125 HILLON DRIVE N LDNG LAKE MN 55356 311 28-118-23 44 0001 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME ORLWD CENTER PROPERTIES TAXPAYER OROOO CENTER PROPERTIES NAME/ADDR C/O lEIERSGORD LAW FIRM 4945 :1ALIFAX AVE S SUITE 7 EDINA MN 55424 80 :B-118-21 '- 0002 PROP ADDR 01255 WILLOW DR OWNER NAME FREDRICK J KELLER JR ETAL TAXPAYER FRE.OERICK KELLER NAME/ADDR RT 2 LONG LAKE MN 55356 t: :A cr HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 27-118-23 32 0003 01180 WILLOW DR N HILDA G THIES JOSEPH C THIES 1180 WILLOW DR N LONG LAKE FN 55356 38 28-118-23 41 0003 024SO SIXTH AVE N S A M BOULEY STEVEN J BOULEY 2450 COUNTY RD 6 LONG LAKE MN 55356 80 27-118-23 23 0007 00080 ADDRESS UNASSIGNED COX BROTHERS FARM COX BROTHERS FAR11 1020 N WILLOW DR LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 14 38 27-118-23 32 0004 0116D WILLOW OR N C A HILLSTROM ET AL CLIFFORD A HILLSTROM 1160 WILLOW DR N LONG LAKE 144 55356 38 28-118-23 41 0004 02500 SIXTH AVE N R & S VICKERMAN ROBERT S VICKERMAN 2500 6TH AVE M LONG LAKE HN 55356 80 28-118-23 14 0001 00080 ADDRESS UNASSIGNED THOMAS HEISER ETAL FRED KELLER 1255 N WILLOW DR LOOG LAKE MN 55356 38 27-118-23 32 0012 TOTAL BATCH 006 00010 COX BROTHERS FARM COX BROTHERS FARM 1020 WILLOW DR N LONG LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESFNTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 27BY � r < < IO (30) Y� ► j cue)_ cry) � ''i5• $ _ wE *. ler9l• Iry wily 6143 100 I i • INGSIDEA. RO ,. - .s = .5 71.31 I X 44 36) W V MlIry at so... Wks N"131'I9,11 (1) I ' aN1a yr' (2) '"IImI 61 Aki er ISO . P.It lc - 1 fhr t;lrncoc k(;c) and Ilamcl (Ila) soils have the highest water - table during; the year either at or within 1 foot o` the surface. This water may persist for several months during the %car. In- stallation of any subsurface soil absorption system in this soil obviously wuuld not allow the minimum recommended separ- ation. The mound system is designed for soils with periodic high i:atertables. However, the watertable must not be higher than 2 feet Below the surface for the mound system to function effectively. Installation of any soil absorption system on this soil tylic is not rccommen c . I.csucur (l.tB) soils have a seasonal watcrtable at a depth of 3 to S feet. This may allow the installation of a shallow subsurface trench system. However, in many cases a mound sys- tem is needed. V. CONCLUSIONS •there are not any areas classified as Public Waters within this property. 'File area is not in a critical erosion area so control of ero- sion during construction is not a problem. L)uc to the pr(�,scncc of the seasonal .:avertable at a depth of feet or less mound soil treatment systems or some equivalent should be used on this property. Location of these systems is critical since there are areas on the Glencoe and Hamel soils where witcr ponds at times. The systems therefore should be constructed it the low knolls that flank the shallow dcpres- sior.s and dr?inaget:ax•s. ,\lso due to the Presence of this watertable houses constructed in the area should be equipped with foundation drains. 3- It'. POT1:XTI.M. OF SOUS FOR ON-S[TE WASTE TREATMENT The potential of the soils mapped in the area for on -site treatment of septic tank effluent will be discussed. According to the recommenL:ed "Ordinance and Code Regula- ting individual Selvage Disposal Systems" published by the Minnesota Dcj)artmcnt of Health in 1971 "No Soil absorption system shall be installed in an area where the watertable is at any time less than 6 1/2 feet below ground level or J feet below the bottom of the drain field trench". This line of thinking has changed somewhat over the past 6 years to reflect research results conducted in various areas of the county. The proposed Minnesota Pollution Control Agency WPC-10 "Individual Sewage Treatment Systems Standards" states only that "The bottom of trenches and beds shall be at least three feet above the watertable or bedrock" and allows for installation of additional innovative systems other than the standard subsurface trench system to meet this requirement An example of the innovative systems is the mound system. In the mound system the seepage bed or trench is elevated by the use of sand fill to provide the 3 foot separation dis- tance between the bottom of the seepage trench and a barrier layer such as the watertable or bedrock. Concern about this minimum separation distance is due to the fact that it takes approximately 3 feet of unsaturated soil material to properly treat the septic tank effluent. Once the se tic tank effluent reaches a watertable treatment of the ettluent ceases. This results in the presence of i pol- luted water body near the surface. Additional inputs of ef- fluent and/or the backing up of the effluent into the house. This creates not only a nftisance to the home owner, but can also pose a health hazard if the surrounding area is well populatcu. The best indicator available for determing the maximum height of a seasonal watertable which often, occurs in the soils of Hennepin County is the presence of soil mottles. Mottling is a distinctive coloration of grey with red and yellow splot- ches in the subsoil. An%- investigation of a proposed soil absorption (treatment) system site should include a deter- mination of the depth at which soil mottles occur. With this background the potential of the orihinal soils mapped in this development area for treatment of septic tank effluent will L.! discussed. z� Blue 2 Medium Blue 5 it Glencoe siltv clay loam: The map symbol for this soil is Gc and the map color is medium blue. This is a deep, yen• poorly drained soil. The soil was formed in loamy colluvium over calcareous loamy till. The soil is nearly level occi-r:ing depressions and drainageways. The native vegetation was dominantly sedges and wetsite grasses. During wet periods of the dear the watertable is within 1 foot of the surface .ind ponding may occur. T`P! high organic matter content in the upper soil horizons means the soli has low bearing values. There is a high potential for frost action. Hamel loam: The map symbol for this soil is iia and the map color is medium blue. This is a deep, poorly drained soil that formed ir loamy colluvium over loam• till. Pie soil occurs in short, narrow drainageways on foot slopes and in long winding drainagelays between }molls and hills. The native vegetation was mainly sedges, grasses and scattered poplar trees. During wet periods of the year there is a perched watertable within 1 foot of the surface and ponding may occur. The high organic matter content in the upper soil horizons means the soil has low bearing values. There is a high potential for frost action. Le Sueur loam: Tic's is a deep, moderately well -drained, loamy soil that formed in cal- careous till. The soil occurs on slight rises and knolls 1 to d feet above the closely intermingled Cordova soils. There arc a few stones and boulders near the surface. The native vegetation was mixed hardwoods and a grass understory. The soil is mapped in only one slope phase in Hennepin County, Le Sucur loam - 1 to 1 percent slooe: The map symbol for this soil is LtB and the m;p color is light green. This soil is nearly level to gently sloping occupying areas on low knolls. There is a perched �.atertable within 3 feet of the surface during wet periods of the ye,ir. Crainage needs to be provided around basement walls. Since the soil is nearly level there is usually little grading required. Soil stren- gth is adequ.-te for residential development. Shrink -swell (volume change) is low to moderate with changes in moist -ire content. I . i \' P9PUCT ION This is a soils and site evaluation of the proposed Fredrick C. Herfurth Addition ir, the City of Orono. A detailed soils map for the area of proposed development is provided with this report. This map is based on information contained ;n "Soil Survey of Hennepin County" and "Landscapes of Nennepin County" as well as 1973 aerial photographs of the area and an on -site investigation. Each of the soils mapped within the proposed development area is briefly described. Favorable and unfavorable development characteristics are discussed. Lxplanations of the soil map symbols and colors are presented in Sections II and III. This is a preliminarf soils evaluation and additional engin- eering tests should be conductee before construction is begun. The potential of the soils mapped for on -site treatment of septic tank effluent is discussed. H. HOW TO USE THE SOIL MAP To use the sc•.1 map one reeds to knot: what the svmbols mean. The soil symbol consists of three parts arranged'as follows: 11bB2 = lib B 2 (Soil) (Slo;:e) (Erosion) The first two letters denote the soil type; the last letter is the slope of the land in percent, and the absence or pres- ence of a number indicates the degree of erosion. Slope Legend A - 0 to 2 percent B - 2 to 6 percent C - 6 to 12 percent D - 12 to 18 percent 1: - 18 to 35 percent I 1 I. -SOIL TYI'CS PRIiSFN r Erosion Legend No Symbol - 0 to 1/3 topsoil lost. 2 - 1/3 to 2/3 topsoil lost. 3 - More than 2/3 topsoil lost. The soil. types found in this area were classified according :o the "Soil Survey Report of linnnepin County", and the stan- dards of the National Cooperative Soil Survey. A brief des- cription of each soil is provided. Map symbols and colors are provided to facilitate locatinC the soil t%pc, on the de- tailed soil mail pro•: iJed with this report 0 SOILS AND SITE EVALUATION OF THE. PROPOSED FREDRICK C. HER FURTH ADDITION I` THE CITY OF ORON0 April 24, 1978 by James L. Anderson, Patrick N. Kennedy I _W, I! I and Steven B. Schirmers t r --;•.nnepin Soil & Water Conservation District 1ti . .. ;• 5 j01 RESOLUTION NO. 933 A RESOLUTION APPROVING THE PLAT OF WILLOW RUN WHEREAS, .the City of Orono is a m►.miicipal coilmration organize) 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 plat by American Rebuilders the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Dedication of required drainage and utility easements. Dedication of public streets -and roads. Dedication of open space and flowage conservation easements. Payment of a park dedication fee of $1,000.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Willow Run, Hennepin County, Minnesota- subject to the following conditions: T2�e aforesaid plat shall be filed with the P r..epin County P.ecorder's Office on or before March 1, 197S together with a certified original copy of this Resol '.on, and executed copies of the flowage and conservation easement. The apprrnyal granted by this Resolution shall expire if the plat -has not been filed by the date Qnrcified above. In that event, it will be nec,ssary to file a new application with the City of :rono for subdivision review. Dated this 29 ddy of August 197 . William B. Van Nest, Mayor ATTEST: Walter R. Ierk/A is trator TER AgCppkiiD Bf�! L-EG UELC Wl I /� r �,,...;:.. - ., �r•—lam �. �, i � _ � — _ 1 p� — -!' � � l � —1040— �� _- - - . - . - •^'�1�.rtp• _ ,.4.�.i• �. `7.• ^E•oM .ter q •' ...- `•�-L .. -.�.w.V' L..3iJYri[.`.�'+-)'-••.,.� ..�1 �.. .�.=�I��•y. a -.»�_ "i�.���r' �1.�' ; ` �SOI LNI.S r . • .. _ ,, ,; � _ • `. '�f �¢i�' M.�.,e�,,��r►', t, - r.�`i - �!�• �1 rat O[•PTlc�l +tq W, i'SC`i � was landfill shall be placed, dumped or stored +upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E.' No use shall be mad, of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil con- servation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enf-s upon the Land for the purposes of inspection and enforc :Bent of the covenants contained herein and to cause to be remc-!ed from the Land without any liability any structures, uses, materials, substances, or unnatural mat- ter inconsistent with the covenants contained herein and the nat,_,.:al s*,%te of the Land. 2. Grantor(s) hereby grant, gift, quit claim andht and convey ent to trespass with rwater lover wand upon age nany ordall gof the Land. privilege 3. Grantor(s) herein do hereby remiss; release, acquit ind forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the cover-nts and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public SE, have any interest in the above land by virtue of this indenLare or other- wise, except as hereinabove set -forth - The Grantor(s) herein certify that the land herein described are free and clear of all, encumbrances except: All the provisions hereof shall run with the land and shall extend to ai.d bind the e pbei�veucccesiessheretoesentatives, 3rantees or assigns of the re Eve Rosen en John k. ,u a Jr. STATE OF MZNNES:^'A )tv Clinton Thies ..rtrude 'Th s ss. VNTY OF HENNEPIN ) liildre Thies on this 2 day of 197 �r be"ore me, a dry Public wit use and for s i our�ty and State,-.",V.sonal feared L l �E le /if/T!',U 1f11F � OS�i< known to me to be the.persoh s% 4- ri a t..ecnted the foregoing instrument, and r .cowl edged thatecutrA said instrument as their own free act asd r nEtrimM 110URY PALM-0 i Notary Pu _ -MENRMIJ. �. L.1, ■ vMrwNw�w �w State Dr dd •` D%,e Hereon: Exempt FLOWAGE AND CONSERVATION EASEMENT -' AND WAIVER OF DAMAGES THIS INDENTURE, mad + j , 197- of N =f,P, and entered into this by And between EVE 4day of J to assigns, succ ssors (hereinaster coijc­Li« �I x-eierred to as the Grantor(s)) and the City of Orono, its suc- cessors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter a erreferred to as consideration Grantee). WITNESSETH, Grantor(s), sum of One Dollar ($1.00) and other clavaluable im considevey totiontGrantee hereby covenant, grant, gift, quit the right to restrict and Grantor(s) agree to limit and pre- clude the use, improvement and development, under the Lions and covenants herein contained, the folio:ing described Land in the County of Hennepin and State of Ninlnesota: That parcel of land :ncl•A�d within tt'e circumference of a circle having a "dius of q0 feet, the rer•+er of said circle t+einr described as follows s Co_!+rr,r-nd et the ';o"thcart corner o!' the Northc_st gmnrter of the South- e.,r t � rt�r o: ^-Ct2^" 2E, Townnhi= Ile Lailre 23 Nett o: the 5th Pr!nc'_-+sl Meridian; t? ,nce South ulono the sast. line o£ acid Northeast cu..rtcr of th^ f:ot'th,'nct nit,rter 6 aietancn of 20C feet; thence deflect - It., riCht 'Xf a cist,lr.re of 1�, !'sot to said renter o: circle,. and £flat jlnrt rf t►Sp lorti.�s r�'.sr•ter of the swithesat quarter of ;,ection 26, Tnwnnhia 118 North, 4e; nc6 J 6"vt of the 5th Princil Meridian, described us fo::owF : Co-"nrin;; et t;ie point of intersection of the 1vcst line of t!,e !;hst 5�.(,) fl.tt of c:id !;rrtt,c•itit aur.rter of tt•e Southeast quarter with the ';orth line n saia Nort ieaet ({uartpr of tht} Southeast cuarter; thence Sout,j %ion#: said West line of .be r')!tat 5C0 feet a dintnnce of 310 feet to th- po ° nt of be;;iruir;; or th.! ^mprrt; t-iri; -escr! bec; thence cont! numb South alont; sa!u West 1ine- of the ;art V Q r•et a eistence of 120 feet; thence deflert!ng right 600 s distrnre o'' 110 feet; thonce defloctir.6 rij,ht 290 a distance o'.' 90 foet; th&!nre deflertini ribht 103o a distance 170 feet; th^nce derlectint• right 5Co a di:tanre of 83. feet; thence so•Aheasterl. to the nnint of 1-jrinr.in,;. as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including witjout limit- ation, ,ces, fireplaces, steps, docks, piers, hard -cover or roads os any nature whatsoever, or any other structure or improve- ment inconsistent with the natural state of the Land. B. No trees, shrubs or other vegetation shall be Oe-troyed, cut or removed from the Land except as authorized by w 'tten consent of Grantee. C. No earth, loafs, peat, gra-el, soil or anyf other natural material or substance shall be mov �r remred from the Land and there shall tie ' r 'red6 'ng o: :avati of any -jnature whatsoever or any c} of the toporapay athe .Land witho»t the written consent :antee. PRELIMINARY PLAT • FOR 4' FREDRICK C. HERFURTH i I IN SECTION 28-118-23 � 1 EXfKBiT�.; D. Lewis. 1: is Co. I . rh-e• I Cori Kicks L • j/Ci CiLi C �. I,: 'J.e.M�N IJ �•1s. II•uI•tJ ��: �. 1. WNER FREDRICK C HERFURTH It-e' :- IS", 730 EAST LAKE ' h \ 1 WAYZATA , MINN. , 1 i e.l \ `pond � . I URVEYOR �` � 1 � � i � -- / • i i i ! �' ;jam GORDON R. COFFIN Lu 3025 WATERTOWN ROAD (-- S.4L LONG LAKE . MINN. # 1 ' , :GAL DESCRIPTION I fa EMI .6 Nr lost MI6 .1 the 5-1h..21 Owr{oi of 3«IMn N. ft—ship Its NHIh. Y , 1 J Otiy�,�, 1 oft. �"M fa sled 01 tho fM ►rina.pl Me•.I1 I I , 1 F4'.1►t\o . I•�.'L . M '.,• I ..f NatMNj_.S.Ihe aenNrAwe .6.6.n1►. — �.1-...-.• __ _-_ _ \ P.. r'a I i Ue. • et •«oald " Oeeh Jf, PMo 4 I -•._. .... I ---' - afMtff m the oJlwe .l Mt Nmne�.n , ~�� •�:- L Gsuw►t ileo„ioe. M8-00-m Aenly, /tin".sole. I , 2 A'iv ,inl •• ! 1 I I Iis. Sao 3..' \ ` ', : /! I 71 t '� 1J -{• 1 rl � I Scale In ifa?Mawr 1 \ 1 dJpolef/i O/t0 '\ 1 _•�e�� .... enahn! .'NCH MARK SEA LEVEL DATUM ' 7TE 1s- ;- -i ---,.r -�---�.1rAc. ; '£ ` ell I 1 I i FEB. 9, 19Tp )TAL AREA 835.000 SO. FT. 11=1=7 r '- - - - nu - - — ��^-1•=—� t K js , .ese ewe ✓ we f•1 •! I , �� , "; Royf. Fottndtn 's - COUNCIL MEETINC �- To: Mayor Grabek & Orono Council Members SO 8 City Administrator Bernhardson 1953 CITY OF ORDNO From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 7, 1989 Subject: #1429 Ralph D. Burgess, Jr., 2610 West Lafayette Road - Variance/Conditional Use Permit - Denial Resolution On August 28th, 1989, the Council voted 3-0 to conceptually deny the requested variance and conditional use permit for grading in the lakeshore and excessive hardcover. Council further directed staff to draft a resolution for denial. A resolution for denial is attached for Council review and adoption. Proposed Motion - Moved by , seconded by , to adopt Resolution # to deny a conditional use permit and variances for hardcover and lakeshore g-_ading for Ralph Burgess at 2610 Lafayette Road. Ayes , nays l +VII ��Ni ."NoUi ' +N�lf�� at1 VT A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 6 2 AND SECTION 10.55, SUBDIVISION 8, AND DENYING A CONDITIONAL USE PERMIT PURSUANT TO SECTION 10.03, SUBDIVISION 19 FILE #1429 WHEREAS, the City of Orono is s municipal corporation organized and existing under the laws of the State of Minnesota; and WHER."S, pursuant to State Statute 412 et. and 462 et., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Ralph D. Burgess, Jr. (hereinafter "the applicant") is the owner of the property located at 2610 West Lafayette Road within the City of Orono (hereinafter "the City") and legally described as follows: All of Lot 11, Shore Hills, Henni:pin County, Minnesota except the southeasterly 151, front and rear (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Oronc for variances seeking a*,)proval of land alterations within 0-75' of the lakeshore of Lake Minnetonka where no land alterations are allowed per Municipal 'coning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, and requesting a further variance to Section 10. 12, Subdivision 2 to allow hardcover in excess of 25% in the 7!-250' lakeshore setback zone where only 25% hardcover is normally allowed, and a variance to Section 10.22, Subdivision 1 to allow encroachment of structure past the average setback line where no encroachment is normally allowed, and further requesting a conditional use permit for grading of lakeshore property pursuant to Section 10.03, Subdivision 19; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and ' Planning Commission; the comments of neighboring property ow. s; and the comments and written statements of the applicant, applicant's attorney, and applicant's technical consultants. Page 1 of 9 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances and conditional use permit as outlined above based upon one or more of the following findings of fact concerning this property: FINDINGS 1. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District, and consists of approximately 1.31 acres in total area. 2. A single family residence and a detached garage currently exist on the property. The existing house encroaches approximately 35' into the 0-75' lakeshore set- back zone where no structure is normally allowed. This residence was constructed prior to the effective Sate of the ordinance which disallowed future construction in the 0-75' zone. 3. Existing hardcover in the 0-75' lakeshore setback zone is 7.9% where no hardcover is normally allowed- Existing hardcover in the 75-250' zone is 33.7%, where only 25% is normally allowed. Hardcover in the 250-500' zone is 7.6% where up to 30% hardcover is normally allowed. 4. Approximately one-third of the approximately 250' shoreline frontage experienced severe erosion during the "super stc cm" of July 23, 1987. That portion of the lakeshore c.ank remains unrepaired. The applicant has expressed concern about the stability of the remaining bank, which has slopes ranging from 35% to 60% based on topographical information supplied by the applicant. 5. The applicant is proposing to remove the existing residence and foundation,, and construct a new residence completely outside the 0-75' setback zone. A minor encroachment of a few feet past the defined average lakeshore setback line will still be incurred. 6. In conjuction with construction of a new residence, applicant proposes to remove all existing hardcover from the 0-7S' zone, and proposes to maintain the Pxisting level of hardcover in the 75-250' zone at 33.7%. In order to accomplish this, applicant proposes to use a "grass paver" or porous pavement system to gain access to the provosed new detached garage, which would house vehicles used y on a sporadic basis and not require a fully paved surface. Applicant proposes that this grass paver system not be considered as hardcover. Page 2 of 9 7. In conjuction with construction of the new residence, applicant proposes to remove approximately 4,000 cubic yards of material from the lakeshore between the house and the shoreline, to create a walk -out configuration. As part of this proposed grading, applicant would restore the damaged portion of the lakeshore banks via the layered geotechical fabic method. It is applicant's contention that the combination of restoration and walk -out excavation will result in a permanently stabilized shoreline while serving the additional purpose of creating the ability to construct a walk -out type residence. The applicant further contends that the proposed grading of the lakeshore will provide conditions resulting to a higher quality of run-off water entering Lake Minnetc,nka, as well as providing an aesthetically pleasing visual impact on the lake while being in conformity with neighboring properties. 8. The Orono Planning Commission at their regular meeting of August 21, 1989 held a public hearing to review the application for variances and conditional use permit. The applicant, applicant's consultants, and neighboring propertv ..wners were allowed to comment on the proposal. The Planning Commission then voted 5-0 to recommend denial of the request for the following reasons: A) Lack of hardship to justify magnitude of variances requested. B) Excavation proposed is excessive in relation to the need to ---tect lakeshore banks. C) HardL at 33.7% in the 75-250' zone is excessive given the 1.3 acre lot size. D) Applicant's situation is r►ot so unique as to justify an exception to the City's lakeshore grading policy. 9. In review of similar applications for re -grading of lakeshore property, the City Council has generally relied on the direction and philosophy found in the City of Orono Community Management Plan. The major land alterations proposed within the lakeshore protected area (0-75' from lakeshore) are found to be in conflict with the following principal and goals set forth in Orono's Community Management Plan: Page 3 of 9 SHORELAND, FLOODPLAIN AND STORMWATER CONSIDERATIONS - C.M.P. 3-9 ORONO'S MANY MILES OF SHORELINE ARE ESPECIALLY SENSITIVE TO 14ISUSE OR OVERDEVELOPMENT. As the interface between land and water, the shoreli:ia is ever charging. Shorelines are subject to continual erosion by wave action, ice buildup or unstable soil conditions. Droughts dry out vegetation and heavy rains or snow melt cause laid slipage. On top of these natural pressures, man is drawn to the lake and the shoreline often becomes his battlegrou:,i with nature. Lake access often means active use and construction of buildings and structures causing unnatural soil loadings, vegetation removal, and land alteration. Exposed soil becomes more subject to erosion and man-made hardcover increases direct runoff quantity nd speed. Power boats increase wave action and, more damaging, stir up the lake bottom causing release of nutrients and increased turbidity. The impact, of course, is a degradation of water quality, impaired lake access and a change in the natural aesthetics which drew people to the shore in the first place. Legal considerations become entangled when lot descriptions conflict or become inconsistent duu to changing water levels or shoreline locations. Therefore, planning considerations must recognize the desirability of human interaction with the lake while at the same time providing for protection of nature's sensitively balanced shoreline ecology. LAND USE - C.M.P. 4-6 A PRINCIPAL GOAL CF ORONO'S PLANNING PROGRAM IS THE PROTECTION OF NATURAL RESOURCES AND ENVIRONMENTAL AMENITIES, PARTICULARLY THE WATER QUALITY OF LAKE MINNETONKA. The Environmental Protection Plan emphasizes Oronr.•s unique environmental position in r.' `.ion to the long-term health if Lake Minnetonka. Land use and develop•,i:. . •'_il not be permitted at t!,e expense of environmental protection. Re':ention of natural vegetation. li7ht, air, and open space will. be promoted. Shorelines will be protected from erosion and alteration. Wetlands and marshland will be protected -end r.eserved an wildlife habitats, unique open spaces and most importan,--ly as the only economically practical method of flood protection and storm water runoff filtration. GENERAL LAND USE POLICY NO. 2 - C.M.P. 4-12 2. ORONO LAND USE PLANS WILL BE BASED UPON ENVIRONMENTAL PROTECTION POLICIES. Land use and development must assure the conservation, protection and preservation o.'. sensitive environmental resources in accordance with the coals and policies of the Environmental ProtccLicn Plan. Land use policies will encourage the wise ise and management z! natural resources while prohibiting their misuse, abuse, overuse or exploitation. Page 4 of 9 GENERAL LAND USE POLICY NO. 6 - C.M.P. 4-13 6. LAY ..IORELINES WILL BE PROTECTED FROM ALTERATION. Shoreland areas, whether bluff, beach or floodplain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reas,,n- able in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clcar- cutting will be prohibited. In areas of soil or wave action erosion, material stone rip rap shoreline protection will be encouraged. GENERAL LAND USE POLICY NO. 13 - C.M.D. 4-15 13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. Land development should respect and enhance the unique natural features of the site and the general nvironmental assets of the :ommunity. Preservation of natur:-1 views, vegetation, drainage and general inspect for unique site features always produces more aesthetic results and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density. URBAN LAND USE POLICY NO. 13 - C.M.P. 4-19 13. RETENTION OF NATURAL. VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION AS VISIBLE FROM THE LAKE. Building heights will be limited to less than the typical tree height. Minimum green belts will be provided with pro- hibitions against clearcutting or excessive thinning of vegetation. Natural vegetation wiii be preserved on slopes and retaining walls will be discouraged except when absolutely necessary to prevent erosic.a, in which case they will be screened with natural vegetation. Page 5 of 9 10. In general, the City's philosophy regarding alteration of bluff or steep bank slope lakeshore areas has been to allow alteration only as necessary to protect the shoreline from serious erosion. Variances for excavation of the shoreline to create a walk -out configuration has been discouraged and denied by the City Council i.• a n;:mbPr of contemporary applications including the 7ollowing: A) Application #1391, 1396 Baldur Park Road - denied lakeshore filling and retaining wall (1989). B) Application #1363, t392 Baldur Park Road - denied permission to excavate in 0-75' zone to create a walk- out (1989). C) Application #1223, 1951 Concordia Street - nied request for 0-75' excavation to create walk- ut in conjuction with repair/restoration of lakeshore banks (1988). n) Application #1177, 3061 Casco Point Road - denied after -the -fact permission to excavate 0-75' lakeshore yard to create a walk -out (1987). E) Application #1233, 2715 Pence Lane - denied permission to excavate within 0- 75' zone to create a walk -out (1988). The City has established a consistent policy of denyii,g excavation in the 0-75' lakeshore setback zone to create walk -outs. 11. In general, excavation c " the 0-75' lakeshore area to create a walk -out configuration is found to be generally detrimental to the environment for the following reasons: A) Ex ation result- the loss of exist'_ng stabile ng ground covEr a, .ot systems, coupled with the loss of natural soil st t.ural stability. B) Re-gr26ing of the lakeshore may result in the potential £�_. increased rate of run-off and decreased quality of run-off to the lake. C) Excavation of the lakeshore bank results in a high potential for soil erosion during t: construction and re-vegeta-.ion period. Page 6 of 9 D) Shorelines., altered by excavation create an unnatural, detrimental, visual impact. E) Lakeshore excavation results in the loss of natural vegetation and screening. F) Lakeshore excavation to create a Walk -out typically exposes a greater building surface to viewers from the lake, resulting in a detrimental visual impact. 12. Municipal Zoning Code Section 10.55, Subdivision 25 provides conditions under which variances to Section 10.55, Subdivision 8 may be granted. This se .ion states in part that no variance shall be granted which the Council determines will or has a tendency to: "5. Be not in keeping with land uae plans and planning objectives for the City or which Will increase or cause danger to life or property." 116. 3e inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and marshes and wet- lands." The Council finds that excavation of the lakeshore to create a walk -out configuration is not in keeping with land use plans and planning ob3ecti -s foi the City as stated in the Community Management Plan, and will be inconsistent with the objectives of encouraging land uses compatible with the preservation of natural land forms. 13. The Council finds that with the ' al reconstruction of the residence and garage on the property, considering the size of the 1.3 acre par -el which more than meets the minimum lot area requirements of the LR-lB zone, sufficient hardship not been demonstrated to justify granting rf the varl .:es to allow hardcover in excess of the 25% hardcover normally allowed in the 75-250' zore. Page 7 of 9 14. The Council finds that the applicant has not demonstrated a sufficient hardship to justify granting of the necessary variances and conditional use permit for excavation of the lakeshore yard to create a walk -out configuration. The Council finds that the need for lakeshore bank repair and restoration does not justify the additional excavation necessary to create a walk -out configuration. The Council further finds that repair and restoration of the lakeshore banks can be accomplished on this property without the excavation to create a walk -out configuration. 15. The granting of the required variances would result in the following violations of Section 10.08, Subdivision 3 (ti, of the zoning code with which the applicant must first comply before the requested variances can be granted: A) The property in question can be put to a reasonable use under conditions allowed by the official controls. A single family residence can be reconstructed on the property within the guidelines of the Municipal Zoning Code without the need for variances and without creation of a walk -out configuration. B) The plight of the landowner is not due to circumstances unique to this property, but is created by the land owner. C) The Council finds that if the variances are granted, the essential. character of the locality, including the natural contours of the shoreline, will be altered. D) The special conditions applying to the property are not peculiar to this property but are typical of many similarly situated !-1-7-:pArties in the LR-1B zoning district. E) The conditions and regulations which apply to this property generally apply to all other land and structures in the LR-lB zoning district. F) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has the substantial property right and ability to •_:onstruct a single family residence meeting all the requirements of the Municipal Code without the need for variances. Page 8 of 9 G) The granting of the requested variances would serve merely as a convenience to the applicant and the Council finds no valid hardships have been demonstrated during the review of this application to justify granting of the variances. 16. Approval of the variances and conditional use permit to allow excavation in the 0-75' lakeshore area would establish a negative precedent in the review of future land use applications that involve major land alterations within tba lakeshore protected area. FURTHERMORE, BE. YT RESOLVED, that the City Council of the City of Orono hereby waives the required six month delay period for reapplication, should the applicant wish, to apply for the necessary variances and conditional use permit for merely the restoration of the lakeshore banks which sustained damage in 1987. Adopted by the City Council of the City of Orono on this llth day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN James R. Gr&bek, Mayor The foregoing instrument was acknowledged before me on this llth day of September, 1989, by Junes 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 9 of 9 9189. 4 COUNCIL MEETING SEP 81989 CITY OF MW TO: Mark E. Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: September 1, 1989 SUBJECT: Pay Request #2 Albrecht Construction LS #10/43 Attached for review and approval is pay request #2 from Albrecht Construction Company for work completed on LS #10/43 sewer project. The work has been completed according to the specifications. Recommendation to approve payment #2 for Albrecht Construction Co. in the amount of $46,739.19. PROPOSED MOTION - Moved by _, seconded by , to approve pay request #2 for Albrecht Construction Co. in the amount of $46,739.19. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate Forwarded recommending approval. REQUEST FOR PAYMENT DATE: August 30. 1989 PLACE: Orono, Minnesota PROJECTS. Sever Impr. Lift St. No. 10 6 No 43 Repl PROJECT NO.: FILE NO.: '.3940 CONTRACTOR: Albrecht Excavating, Inc. ADDRESS: 1408 W. County Road C Roseville, Minnesota 55113 REQUEST FOR PAYMENT NO.: 2 SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned S. Less Retainage 5 Z 9. Sub -Total 10. Less Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2 OWNER APPROVAL: By By Date: PR13940 FOR PERIOD: From:_Aug. 9, 1989 To: Sept. 1, 1989 5PECI!'ED CONTRACT COMPLETi:!u DATE: September 15, 1989 Recommended for Approval by: $ 181,640.65 $ 181,640.65 $ 75,180.64 $ 0.00 $ 75,180.64 $ 3,759.03 $ 71,421.61 $ 24,682.42 $ 46.739.19 BONESTR00, ROSENE, ANDERLIK b ASSOCIATES. INC. By: ZJ eph K. Illetschko Approved By Albrecht Excavating, Inc. Contragctor By. PROJECT:S. Sever Impr. Lift St. No. 10 and No. 43 Replacement PAYMENT N0: 2 PLACE: Orono, Minnesota FILE NO: 13940 CONTRACTOR: Albrecht Excavating, Inc. DATE: August 30, 1989 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART I - LIFT STATION NO. 10 REPLACEMENT 8' PVC, 10'-12' deep in place L.F. $17.00 35 8' PVC, 12'-14' deep in place L.F. 17.00 100 8' PVC, 14'-16' deep in place L.F. 19.00 50 10' PVC, 10'-12' deep in place L.F. 20.00 120 142 2,840.00 10' PVC, 12'-14' deep in place L.F. 23.00 70 61 1.403.00 10' PVC, 14'-16' deep in place L.F. 24.00 70 172 4,128.00 10' PVC, 16'-18' deep in place L.F. 25.00 100 12' PVC, 12'-14' deep in place L.F. 22.00 320 341 7,502.00 12" PVC, 14'-16' deep in place L.F. 24.00 180 16.1 3.864.00 12' PVC, 14'-16' deep (SDR-26) in pl. L.F. 26.00 80 72 1,872.00 12' PVC, 16'-18' deep (SDR-26) in pl. L.F. 31.00 81: 75 2,325.00 12' PVC, 18'-20' deep (SDR-26) in pl. L.F. 37.00 90 81 2.997.00 12" PVC, 20'-22' deep (SDR-26) in pl. L.F. 45.00 150 133 5,985.00 12" PVC, 22'-24' deep (SDR-26) in pl. L.P. 47.00 140 170 7,990.00 Std. MH 8' deep, 4' dia., v/1642B cstg. Each 800.00 8 8 6,400.00 Manhole depth greater than 8' deep L.F. 50.00 65 63.8 3,190.00 Cut manhole into existing 12' line Each 400.00 1 1 400.00 Cut manhole into existing 8' line Each 400.00 2 1 400.00 Reconstruct invert - Manhole 1420 Each 700.00 1 10' x 4' PVC service rye branch Each 68.00 6 6 408.00 12' x 4' PVC service vye branch Each 78.00 14 13 1,014.00 Page 1 ' PR13940 PROJECT:S. Sewer Impr. LifC St. No. 10 and No. 43 Replacement PLACE: Orono, Minnesota CONTRACTOR: Albrecht Excavating, Inc. STATEdENT OF WORK Contract Item Unit PART I - LIFT STATION NO. 10 REPLACEMENT CONT'D Connect existing service line Each 4' CISP service pipe in place L.F. 4' CISP service riser pipe in place L.F. Improved pipe foundation per 6" increment depth L.F. Mechanical trench compaction L.F. Remove Lift Station 10 L.S. Common excavation C.Y. Bituminous surfacing removal S.Y Cl. 5 aggregate base (100Z crushed) Ton Class 5 aggregate base shoulders (1002 crushed) Ton 2341 bituminous wearing surface Ton 2341 bituminous binder surface Ton AC-1 bituminous material for mixture Ton Bituminous material for tack coat Gals 2341 bitum. st. & driveway patching Ton Erosion control fence L.F. Clear and grub trees Each Sod with 3' topsoil S.Y. Seeding w/3' topsoil, mulch and fertilizer Ac. TOTAL PART I - LIFT STATION NO. 10 REPLACEMENT PR13940 Page 2 PAYMENT NO: 2 FILE NO: 13940 DATE: August 30, 1989 Unit Est'd Qua►:tity Amount Price Quantity To Date To Date $160.00 20 19 $3,040.00 9.00 250 44 396.00 11.00 60 223 2,453.00 1.50 3,200 2,613.5 3,920.25 0.01 1,600 1,408 14.08 6,000.00 L :' 1.00 1,900 620 620.00 1.00 3,000 2,000 2,000.00 8.67 2,400 1,155.63 10,019.31 8.67 250 15.30 275 13.77 470 127.50 45 1.02 300 30.60 50 1.50 100 250.00 5 1.80 2,500 550.00 0.3 $75,180.64 PROJECT:S. Sever Impr Lift St No. 10 and No. 43 Replacement PAYMENT NO: 2 PLACES Orono. Minnesota FILE NO: 13940 CONTRACTOR: Albrecht Excavating, Inc. DATE: August 30, 1989 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART II - LIFT STATION NO. 43 REPLACEMENT 10' PVC, 10'-12, deep in place L.F. $20.00 800 100 PVC, 14'-16' deep in place L.F. 20.00 75 10' PVC, 16'-18' deep in place L.F. 23.00 50 Std. manhole 8' deep, 4' dia., ss/1642B cstg. Each 800.00 3 Manhole depth greater than 8' deep L.F. 50.00 15 Erosion control fence L.F. 1.50 250 Remove existing manhole Each 200.00 6 Drop manhole section L.F. 175.00 3.8 10' x 4' PVC service vye branch Each 68.00 15 10' x 6' PVC service vye branch Each 79.00 1 Cut into existing manhole Each 650.00 i Connect existing service line Each 160.00 15 4' CISP service pipe in place L.F. 9.00 150 6' CISP service pipe in place L.F. 13.00 10 Improved pipe foundation per 6' increment depth L.F. 1.50 1,300 Mechanical trench compaction L.F. 0.01 1,075 Remove Lift Station 43 L.S. 6,000.00 L S Common excavation C.Y. 3.00 500 Class 5 aggregate base (100i crushed) Ton 8.67 950 Erosion control fence L.F. 1.50 250 Page 3 PR13940 PROJECT:S. Sewer Impr. Lift St. No. 10 &A No. 43 Replacement PLACE: Orono Minnesota CONTRACTOR: Albrecht Excavating, Inc. STATEMENT OF WORK Unit Contract Item Unit Price PART II - LIFT STATION NO. 43 REPLACEMENT CONT'D Clear and grub trees Each Sod w!3' topsoil S.Y. Seeding w/3" topsoil, mulch and fertilizer Ac. TOTAL PART II - LIFT STATION NO. 43 REPLACEMENT TOTAL PART T - LIFT STATION NO. 10 REPLACEMENT TOTAL PART II - LIFT STATION NO. 43 REPLACEMENT TOTAL WORK COMPLETED TO DATE Page 4 PR13940 PAYMENT NO: 2 FILE NO: 13940 DATE: August 30, 1989 Est'd Quantity Amount Quantity To Date To Date $250.00 5 1.80 3,500 550.00 0.3 $75,180.64 0.00 $75,180.64 $0.00 PROJECT PAYMENT STATUS CITY: Orono, Minnesota PROJECT: Sanitary Sever Improvement Lift Station No. 10 6 No. 43 Repl. CITY PROJECT NO.: FILE NO.: "^40 CONTRACTOR: Albrecht Excavating, Inc. 1408 V. County Road C, Roseville, MN 55113 ORIGINAL CONTRACT AMOUNT $181,640.65 Date C.O. No. 1 2 3 4 5 TOTAL AMOUNT OF C.O.'S $0.00 Description Total Change Orders Above PROJECT PAYMENT SUMMARY: REVISED CONTRACT AMOUNT $181,640.65 Amount $0.00 Payment Period Payment Value No. From To This Voucher Completed RetainaRP 1 7-28-89 8-9-89 $24,682.42 $25,981.49 $1.299.07 2 B-9-89 9-1-89 46,739.19 75,180.64 3,759.03 3 4 5 6 Total Payment to Date Retainage for Payment No. 2 Total Value Completed PR13940 $71,421.61 3,759.03 $75,180.64 9789.2 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato #1 DATE: September 7, 1989 SUBJECT: Well/Highway 12 Attachment: A. Well/Highway 12 Memo Dated 8/10/89 B. Bid Tabulation and Cover Letter ISSUE COU4, MEMN 6 SEP 81989 Cff Y OF l'a 1. Decision as to whether the bid for the test wells should be drilled on Highway 12. 2. ;f directed to be dril.Led, award of bid. INTRODUCTION - In order to develop the well c6Qr. the Highway 12 it is necessary to undertake test drillings to determine an adequate supply for a 500 gpm well. DISCUSSION - The bid allows for r phases with Phase 5 to be bid in October -November. Phase #1 Test well/Site #1 (Otten) to the Prairie du Chien aquifer. If adequate water is found no further tests will be necessary and Phase #4. Phase #2 Test well/Site #2 to Prairie du Chien. If Phase 1 isn't sufficient a test at Site 2 (Rebers rear lift station) will be done. If adequate go to Phase #4. Phase #3 Site #1/Test well to Mt. Simon/Hinckley aquifer. While there is adequate water, the test will determine level of radium. Phase #4 Interim "Production" well. If needed this will be developed to provide water to the area until the Phase #5 well is installed. This well (50 gpm) would be eventually taken over by Cliff Otten. he would contribute to its drilling. As alternatives a.) Cliff Otten could individually drill a well which the City could use and share costs on an interim basis or b.) The City could tap an existing residential well presently owned by Mr. Otten. Phase #5 Municipal Well (500 gpm). This would include drilling a 12" well to the appropriate aquifer determined by the test drillings. While this coulc be bid and possibly drilled before winter, construction of the pump house L1 201134M 10AW3 and ordering (6 months lead time) and ;.nstal : ation of equipment would probably not see comple in until June, The proposed low bidder Keys Well and Drilling at $62,500 is substantially under the $89,000 engineer estimate. Actual cost will depend on which phases are needed. ALTERNATIVES 1. Award to Key's Well making all but Phase 1 optional dependent on needs. 2. Reject all bids. 1. Table pending resolution of interim production well cost sharing and need. RECOMMENDATION - It is recommended that the bid be awarded to Keys Well as lowest responsible bidder with all but Phase #1 being optional depending on need. (This recommendation may be amended prior to the meeting.) PROPOSED MOTION - Mcved by _, seconded by , the Orono City Council awards the bid for water well test drilling to Keys Well for a bid of $12,590.00 with all but the initial test drilling to be optional depending on need. cc: Glenn Cook, City Engineer John Gerhardson, Public Works Director 2 Oee Q to ww0c, 01 W. ftwft rl. Bones t roo JOfs''aA C. A*— raava A W—$ M Rosene Jew C, M& Pg J� C, afrM1 It Anderlik &UrftOW4 Associates Pg. Moron tA".t. Engine i ArChltetts auguat 10, 1959 City of Orono 1335 grown load So. Orono, MM 3S323 ttAA A pappti /t. �/ W dw C Lemy MYiK h, � , CrVAV& ! f Mrs O ww A Rt� W. buo A C. w :: H. Jmf RtrrW p A„o,rrm�t• C.IP� A pr+W MW A. awwa•' P f ju a aM► M CRIM► A 4[aOfl WJM ~ Punw, Wd K. pog /4 ftWN C Rdits Al A TPMtis t• Ar",+ /t 1N M /MM*Y wwI► M O w r E memo p 0. FWkft. �! "003 0 I► wad ` Su�I+ M i0�vl C �A o� a Wow Tre3w W Tt molt pt. Ci.ruvI 1 w N6o A $9012 `.J Res slater Well Test Drilling Orono, 0 Pile No. 13948 Dear Mayor and Council Meabers: inclosed are the contract documents for the test drilling to find a suitable aquifer for a large capacity municipal well and the construction of a small well for temporary use. The sequence of drilling and construction set forth in the specifications is as follows. I. Teat Drilling A. Drill a test hole at the primary site (Osten property) to determine if sufficient Prairis-du-Chien is available for a large capacity well. 1. if there is sufficient aquifer available, a water analysis will be taken and the test drilling completed. 2. If aquifer material is not available, a test hole will be drilled on the secondary site (Robers property). It is intended to drill the secondary site prior to extending the test hole to the Mt. Simon because a) the Mt. Simon test hole is approximately $20,000 more than a Prairie -du -Chien test hole and b) the secondary site is closer to Long Lake's veils vhere the Prairie -du -Chien is present. 3. If Prairie -du -Chien is not present at the secondary site a Mt. Simon test hole will be drilled and a vater sample taken for analysis including radium. Page 2 2335 Vilest Highway 36 • St. Paul, Minnesota 55113 • 612.6364600 August 10, 1909 City of Orono Water Well Test Drilling Orono, MN Our File No. 13240 II.Production Well A. Construct a 6 inch screened, drift well on Otten's property for temporary use by the City. a. The well would be located where it would be useful for the planned development. b. A SO GPM submersible pump and a pitiese adapter tank will be installed in the wall. The tank serves the same purpose Ps a pressure tank on a domestic well except it is buried in the ground. C. A screened drift well is planned as construction and operation costs are less than a rock well. A rock well could be constructed at the contract unit prices if desired or necessary. If there are any questions or if any changes are desired, please let us know. Yours very truly, BONESTROO, ROSINS, ANDERLIK i ASSOCIATES, INC. Richard W. Foster RVF%df Page 2 Sonestroo Rosene Anderlik & Associates Engineers & Architects September 5, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Re: hater Well Test Drilling Orono, MN Our File No. 13948 Gentlemen: Otto G Bonenroo PE Qoben W Rosen. PE Joseph C AnWAA PE Braafora A Lemoerq PE Richam E turner. PE James C Gilson PE Glenn R Coo■.PE Thomas E Noyes r E Room G Scnuncrx. PE Marvn L SorvaU PE KC[h A Gordon PE Unald W FOIIer, PE Donald C Burgarm PE Jerry A BouraOn PE V .,- A Hanson PE Ted K F.M PE Mth.VI T Rautn'a, PE Room R Pfeflerre. PE Davd O Loskou. PE Thomas W Peterson. PE Mxhael C Lynn PE lames R Maland. PE Kennem P Anderson. PE Kean A Bachmann, PE Mark R Rofi PE Robert C Russ". A 1 A Thomas E Angus, PE Howwa Sanyrd. PE DarselJ Edgerton, PE Mark A Serb PE S�� - Prvkp J Castled. PE Man* D Wald PE Thomas : AXlerSon. A 1 A Gary F Rylar , PE Chanel A Enckson Leo M Pa"liky Hanan M Olson Susan M Ebenrn CPA Five bids were received on this project as shown on the bid tabulation. The low bid was from Keys Well Drilling in the amount of $62,590.00 and was belaw the Engineer's estimate of $89,000. Keys Well Drilling is a reputable coi- tractor and we recommend the contract be awarded to them. The Engineer's estimate based on the proposal quantities is higher than the actual estimated project cost because not all listed quantities or work items will be done. For example, installing a casing and testing of water qualj.- for both a Prairie -du -Chien and a Mt. Simon test well are included in the pro- posal in order to obtain unit prices. Either one or the other would actually be done during th, project. The test drilling will be done in three phases as explained in our August 10 letter which is attached for reference. A comparison of the original esti- mated project cost and the estimated project cost based on Keys Well Drill- ing's unit prices is as follows: 1. Original Estimated Project Costs Phase Test Drilling Production Well Estimated Cost Test Well Primary Site $15,700 $20,900 $36,600 Test Well Secondary Site 20,800 20,900 41,700 Deep Test Well Primary Site 57,400 20,900 78,300 2. Estimated Project Costs Based on Bid Unit Prices Phase Test Drilling Production We'.1 Estimated Cost Test Well Primary Site �11,700 $24,900 $36,600 Test Well Secondary Site 19,500 24.900 44,400 Deep Test Well Primary Site 36,500 24 900 61,400 Page 1. 29 2335 West Highway 36 • St. Paul, Minnesota 55113 9 612-636-4600 City of Orono Orono, MN Re: File No. 13948 September 5, 1989 The large difference in project cost estimates is for the deep Mt. Simon test well. $57,400 vs. $36,501. The unit prices offered by Keys Well Drilling were substantially lover than the other bidders for the deep test well. If the project is completed with either of the first test holes, project costs will be near estimates. Should the third test hole be necessary, project costs will be below 22Z below the estimate. Yours very truly, BONESTROO, /ROSENE, ANDERLIK 6 ASSOCIATES, INC. Richard W. Foster RWF:li Encl. Page 2. 29 _ Oao G &xsewou PE Bones t roo jt Josepn C AraWAL et Rosene &aarosOA `e"nerg'E rr. RKrwo E T rrPE �i", — Anderlik & wn, PC Gmh ` uk aPE CJern R CC Associates Thomas E Noyei PE Rooert chL PE Mn L anSawsi PE Uxv. Engineers & Architects August 10, 1989 City of Orono 1335 Brown Road So. Orono, MN 55323 Re: Water Well Test Drilling Orono, MN File No. 13948 Dear Mayor and Council Members: RLMn % :ayum PE _ fAcfuef C Lyrs[n PE Pn..p J Cas..e. PE R[rL&o W Fover. PE James R MjUW PE Mara O Wart PE Oor.W C. &dgatm PE nervutn P AnoenOrl PE TnORUS R Ar4MW A I A Jury A ROuraOri PE aetn A S.KnMAM. PE Gary F RyW%0" PE Mask A Kbnson. PE Mara R RoK PE Crwsn A Ercason Tea K Fetl PE Rooen C Russea. AJA Leo M Pamnsay Mcnaes T Rawrwn PE Tnornas E A/Yoi PE Mows rN C►son Room R Pferlerk. PE Mowaro A SaVorO. PE S.san M EOn� CPA ozod O IJNOU. PE Panel J Eagrnon PE Tnc.1.31 W Rnrrfsn PE Mart A `rp PE Enclosed are the contract documents for the test drilling to find a suitable aquifer for a large capacity municipal well and the construction of a small well for temporary use. The sequence of drilling and construction set forth in the specifications is as follows. I. Test Drilling A. Drill a test hole at the primary site (Otten property) to determine if sufficient Prairie -du -Chien is available for a large capacity well. 1. If there is sufficient aquifer available, a water analysis will be taken and the test drilling completed. 2. If aquifer material is not available, a test hole will be drilled on the secondary site (Rebers property). It is intended to drill the secondary site prior to extending the test hole to the Mt. Simon because a) the Mt. Simon test hole is approximately $20,000 mope than a Prairie -du -Chien test hole and b) the secondary site is closer to Long Lake's wells where the Prairie -du -Chien is present. B. If Prairie -du -Chien is not present at the secondary site a Mt. Simon test hole will be drilled and a water sample taken for analysis including radium. Page 2 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 August 10, 1989 City of Orono Water Well Test Drilling Orono, MN Our File No. 13948 II.Production Well A. Construct a 6 inch screened, drift well on Otten's property for temporary use by the City. a. The well would be located where it would be useful for the planned development. b. A 50 GPM submersible pump and a pitless adapter tank will be installed in the well. The tank serves the same purpose as a pressure tank on a domestic well except it is buried in the ground. c. A screened drift well is planned as construction and operation costs are less than a rock well. A rock well could be constructed at the contract unit prices if desired or necessary. If there are any questions or if any changes are desired. please let us know. Yours very truly. BONESTR00, ROSENE, ANDERLIK . LATES, INC. Richard W. Foster RWF:df Enc1. Page 2 r% TABULATI9N OF FIVE LOW BIDS OF FIVE RECEIVED ►MOPOSAL FOR WATER WELL TEST DRILLING ORONO, MN I hereby certify that this is an FILE -- 13048 exact reproduction of bids/received. PADJECT No. BID OPENING 10'00 A.M., C D a T FRIDAY SEPTEMBER 1 1989 -- Reg. No. 11609 Richard W. Foster, P.E. 1 KEYS WELL 9 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING & SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Descrigni Quantity Units Price Total Price Total Price Total Price Total Prise Igtal BASE BID Itea 1 Mobilization, transport equipt. S mat'l to project area, set up equipt. at primary well site (Ltd. to 10% of Total Base Bid): Item 2 Mobilization i demobilization to each add'l well site, Drill 4 inch test holes, collect samples S snalyze tes Ness 4 inch test hole to set 4 inch casing to Prairie -du -Chien BT13948\SEPT89 L S L.S. L.S. 4,000.00 L.S. 7,463.00 L.S. 3,000.00 L.S. 8,200.DO L.S. 8,550.00 3 Each 500.00 1,500.00 100.00 300.00 600.00 1,800.OD 250.00 750.00 150.70 450.00 720 L.F. 10.00 7,200.00 10.00 7,200.00 6.00 4,320.00 ?.00 5,040.00 12.00 8,64n.OD 245 L.F. 2.00 490.00 4.00 980.00 10.00 2,450.00 8.OD 1,960.00 11.50 2,817.50 PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN PAU PROJECT NO. FILE 40. 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING L SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Description Quantity Units Price Total Price Total Price Total Price Total Price Total :LM S noam 4 inch test hole l set 6 inch casing into St. Lawrence 500 L.F. Drill 8 inch test hole into Mt. Simon 500 L.F. Item 7 Set 4 inch casing inside 6 inch casing A open hole 825 L.F. Ite2 8 Drill 41 hole through Mt. Simon 175 L.F. Drill open hole of sufficient size to sat 6 inch production well casing 210 L.F. Item 1Q Place 6• casing in production well 200 L.F. Item 11 Place 6 inch stainless steel 5.00 2,500.00 28.00 14,000.00 35.00 17,500.00 18.00 9,000.00 35.00 17,500.00 12.00 6,000.00 10.00 5,000.00 25.00 12,500.00 18.50 9,250.00 20.00 10,000.00 6.00 4,950.00 10.U0 8,250.00 7.00 5,775.00 10.n0 8,250.00 6.00 41950.00 10.D0 1,750.00 15.00 2,625.00 10.D0 1,750.00 18.50 3,237.50 20.00 3,50D.00 20.00 4,200.00 14.00 2,940.00 10.00 2,100.00 15.00 3,150.00 10.50 2,205.00 11.00 2,200.00 12.00 2,600.00 10.00 2,000.00 15.00 3,000.00 13.50 2,700.DO screen in production well 10 L.F. 120.00 1,200.00 70.00 700.00 145.00 1,450.00 500.00 5,000.00 85. ►RO►OSAL FOR WATER WELL TEST DRILLING ORONO, MN PAGE 3 ►ROJECT 40. FILE NO. 13948 1 KEYS WELL 9 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING i SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Description Quantity Units price Total Price Total Price Total Price Total Price Total It" 12 ►lace neat cement grout bet~ casings and open holes 46 C.Y. 200.00 9,200.00 100.00 4,600.00 200.00 9,200.00 200.00 9.200.00 275.00 12,650.00 it" 13 Develop 6 inch well screen 15 Hrs. 110.00 1,650.OD 100.DO 1,500.00 150.00 2,250 00 95.00 1,425.00 125.00 1,875.00 Its% 14 Install test pump in production well L S L.S It" 15 Install test pump in Prairie -du -Chien/ Jordan test well, collect 9 analyze water sample L S L.S. Itm 16 Install test pump in Mt. Simon test well, collect i analyze water sample L S L.S. L.S. 800.00 L.S. 1,250.00 L.S. 1,450.00 L.S. 500.00 L.S. 650.00 L.S 900.00 L.S. 750.00 L.S. 1,450.00 L S. 1,100.00 L.S. 650.00 L.S. 1,000.00 L.S. 920.00 L.S. 1,650.00 L.S. 1.100.00 L.S. 650.00 Test pumping of production well 30 Hrs. 75.00 2,250.00 40.00 1200.00 60.00 1,800.00 60.00 1,800.00 45.00 1,350.00 PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN PAGE 4 ►ROJECT NO. FILE NO. 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING S SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Description Quantity Uni s Price Total Price Total Price Total Price Total Price Total Items 18 Furnish A install pitless adapter tank; bowl assembly with submersible motor; column check A bleeder valves; concrete pad; electrical controls; 9 electrical work L S L S. L.S. 10.000.00 L.S. 11,438.00 L.S. 8,800.00 L.S. 1i,160.00 L.S. 10,200.00 LL4* I2 Furnish i install 2' column pipe and electric cable 160 L.F. 5.00 800.00 7.00 1,120.00 10.LJ 1,600.00 3.25 520.00 3.75 600.00 tt AL WISE BID BT13-:: 'T89 $62,590.00 S74,636.00 S82,845.00 983,642.50 $90,787.50 PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN _ PAGE 5 PROJECT NO. FILE NO. 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING 6 SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Descripti Quantity Un' s Price Total Price Totsl EEilf Total rice Tots Price Toot •!!!!!!!!!!!!!!!t!!!!!!!!!!!!••!t!••l1ttRlRffttt1f 11/11111R11RfRtf•••f•1t111f1tR1t►•Rf•1fffRtfftRRRf••1ffRlfffftttff1t11fft1ff lt••ft1/1t1tt1ff•if tt tf •••ttf if RID BOND, CERT. CHECK, CASH DEP. 5% 5% 5% 5% 5% FIRM KEYS SELL DRILLING E.H RENNER L SONS INGLESIDE ENGR.L BERGERSON-CASWELL MARK J. TRAUT WELL INC. INC. CONSTRUCTION, INC. INC. INC. BY JEFFERY W. KEYS ROGER E. RENNER BRIAN VAN BEUSEKOM JOHN H. GILBERTSON LON R. HOLLISTER TITLE SECRETARY -TREASURER PRESIDENT PRESIDENT VICE PRESIDENT SECRETARY -TREASURE ADDRESS 413 N. LEXINGTON PKY 15688 JARVIS ST. NW 4920 HWY 55 5115 INDUSTRIAL ST. 151 72ND AVE. Sn. ST. PAUL, MN 55104 ELK RIVER, MN 55330 LORETTO, MN 55357 MAPLE PLAIN, MN ST. CLOUD, IMI 55359 56301 TELEPHONE NO. (612) 646-7871 (612) 427-6100 (612) 479-1869 (612) 479-317,i (612) 251-5090 BT13948\SEPT89 TABULATION OF FIVE LOW BIDS OF FIVE RECEIVED PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN 1 hereby certify that this is an PROJECT N0. FILE NO. 13948 exact reproduction of bids received. BID OPENING 10.00 A.M., C D.S.T. FRIDAY, SEPTEMBER 1, 198 f _ Reg.No.11609 Richard W. Foster, P.E. 1 KEYS WELL & 2 E. H. RENNER 3 INGLESIDE 4 FIERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING & SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Viscri tign en it Units Price Total Price Total Price Total Price Total Pry Total BASE 010 Item 1 Flobi;iration, transport equipt. & awt'l to project area, set up equipt. at primary well site (ltd. to 10% of Total Base Bid): Item 2 Mobilization & dewobilizbtion to each, add' l well site, Item 3 Drill 4 inch test holes, collect samples & analyze Ite* 4 Ream 4 inch test hole to set 4 inch casing to Prairie -du -Chien L S L.S. L.S. 4,000.00 L.S. 7,463.00 L.S. 3,000.00 L.S. 8,200.00 L.S. 8,550.00 3 Each 500.00 1,500.00 100.OD 300.00 600.00 1,800.00 250.00 750.00 150.00 450.00 720 L.F. 10.00 7,200.00 10.00 7,200.00 6.00 4,320.00 7.00 5,040.00 12.00 8,640.00 245 L.F. 2.00 490.00 4.00 980.00 10.00 2,450.00 8.00 1,960.00 11.50 2,817.50 B713948\SEPT89 PROPOSAL FOR WATER WELL TEST DRILLING ORONO-MN __ PAGE 2 PROJECT NO. FILE NO. 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING 6 SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Description Quantity Units Price Total Price Total Price Total Price Total Price Total Item 5 Ream 4 inch test hole i set A .,, cesirr, into St. Lawrence 500 L.f. item 6 Drill 8 inch test hole into Mt. Simon 500 L.F. Item 7 Set 4 inch casing inside 8 inch casing L open We 825 L.F. item 8 Drill 4• hole through Mt. SiW n 175 L.F. Item Drill open hole of sufficient size to set 6 inch production wel, casing 210 L.F. 1L- 10 Place 6- casing in pruduction well 200 L.F. It 11 Place 6 inch stainless steel screen in production well 10 L.F 5.00 2,500.00 28.00 14,000.00 35.00 17,500.00 18.00 9,D00.00 35.00 17,500.00 1P.00 6,OD0.DO 10.00 5,000.00 25.00 12,5DO.00 18.50 9,250.00 20.00 10,000.00 6.00 4,950.00 10.00 8,250.00 7.00 5,775.00 10.00 8,250.00 6.00 4,950.00 10.00 1,750.00 15.00 2,625.00 10.00 1,750.00 18.50 3,237.50 20.00 3,500.00 20.DO 4,200.00 14.00 2,940.00 10.00 2,100.00 15.00 3,150.00 10.50 2 ,5.00 11.00 2,200.00 12.00 ?,400.00 10.00 2,000.00 15.00 3,000.00 13.`_0 2,700.00 120.00 1,200.00 70.00 700.00 145.00 1,450.00 500.00 5,DDO.00 85.JO 850.00 PROPOSAL FOR WATSR WELL TEST DRILLING ORONO, MN _ PAGE 3 PROJECT Ne. FILE NO. 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING R SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit [Description Quantity Units Price Total Price Total Price Total Price _.ta; Price Total Item 12 Place neat cement grout between casings and open holes 46 C.Y. 200.00 9,200.01) 100.00 4,60C.00 200.00 9,200.00 200.00 9,200.00 275.00 12,650.00 Item 13 Develop 6 inch well screen 15 Hrs. 110.00 1,650.00 100.00 1,500.00 150.00 2,250.00 95.00 1,425.00 125.00 1,875.00 Item 14 Install test pump in production well L 5 L.S Item 15 Install test pump in Prairie -du -Chien/ Jordan test well, collect 9 analyze water sample L S L.S. Item 16 Install test pump in Mt. Simon test welt, collect L analyze water sample 1. S L.S. Item 17 Test pumping of production well 30 Hrs. L.S. 800.00 L.S. 1,250.00 L.S. 1,450.00 L.S. 500.00 L.S. :'50.00 L.S. 900.00 L.S. 750.00 L.S. 1,450.00 L S. 1,100.00 L.S. 650.00 L.S. 1,JU0 00 L.S 920.00 L.S. 1,650.00 L.S. 1,100.00 L.S. 650.00 75 00 2,250.00 40.00 1,200.00 60.00 1,800.00 60.00 1,800.00 45.00 1,350.DO PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN PAGE 4 PROJECT NO. FILE NC 13948 1 KEYS WELL E 2 E. '. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING 9 SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Description Quantity Units Price Total Price Total Price Total Price Total Price Total Item 14 Furnish i install pitless adapter tank; bowl assembly with submersible motor; column chick L bleeder valves; concrete pad; electrical controls; L electrical work Item 19 Furnish i install 2' column pipe and electric cable TOTAL BASE BID 8T13948\SEPT89 L S L.S. L.S. 10.000. W L.S. 11,438.00 L.S. 8,800.00 L.S. 11,160.00 L.S. 110,200.00 160 L.F. 5.00 B00.00 7.00 1,12 10.LJ 1,600.00 3.25 520.00 3.75 600.00 S62,590.00 t74,636.00 $82,845.00 $83,642.50 t9n,7e7.50 PROPOSAL FOR WATER WEL: TEST DRILLING ORONO, MN PAGE 5 PROJECT NO. FILE NO. 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING i SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit DescriOtion Quantity Units Price Total Price Total Price Total Price Total Price Total •fff••f•1tttlf tf tf••••ftttf ttt•ttttt••11ff•Rf••f lffffftfftR•►•f••Rtf►f••►•t1►t•f•1Rf►►►•tt•••••f•f••tltffttftltltffttfft1/ftlltff ttttRRf tR••f11ffR1tf ►•1fRf Rf BID BOND, CERT. CHECK, CASH DEP. FIRM BY TITLE ADDRESS TELEPHONE NO. BT13948\SEPTR9 5% 5% 5% 5% 5% KEYS WELL DRILLING E.H. RENNER 6 SONS INGLESIDE ENGR.9 BERGERSON-CASWELL MARK J. TRAUT WELL INC. INC. CONSTRUCTION, INC. INC. INC. JEFFERY W. KEYS ROGER E. RENNER BRIAN VAN BEUSEKOM JOHN H. GILBERTSON LON R. HOLLISTER SECRETARY -TREASURER PRESIDENT PRESIDENT VICE PRESIDENT SECRETARY -TREASURE 413 N. LEXINGTON PKY 15688 JARV:S ST. NW 4920 HWY 55 5115 INDUSTRIAL ST. 151 72ND AVE. SO. ST. PAUL, MN 55104 ELK RIVER, MN 55330 LORE -TO, MN 55357 MAPLE PLAIN, MN ST. CLOUD, !NI 55359 56301 (612) 646-7871 (612) 427-6100 (612) 479-lG69 (612) 479-3121 (612) 251-5090 0 Bones t roo Ono G Sonesooa PE Joyeon C AnderkkPPE VxM A xdon PE Donm C 9urgarm PE ?JKraN C Lyr%h PE Kennet- P AnacrsonE PE Phap J Cis%%" PE ft PE Traomas R Anoerwn ^ I ^ Rosene sracrom A Ler^oerg PE R-01j a E Turner. PE Jerry A Bourdon PE Mark A Hansen. PE KeKh A Ba(rmann PE Mau R Rodi PE Gary F RyunCer PE Dunes A ErKkson SONAnderlik & James Orson PE Glenn R Cook. PE Ted Fe4 PE MxrM T Rautmarn. PE RootsC Russek. A,A Theis E Angus, PE leoM PaNersky Harlan M Olson Thomas E Noyes. PE Pow, R PfeRere PE Hcwwd A Srfcrd. PE ;usan M E:xn CPA Associates ,�„L xnPEPE TDPdfnas W PRertdn PE �k^J E: -er:Cn PE OUNCiI MEETING Engineers & Architects S E P 81989 CITY OF ORONO August 31, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardsor Re: 1989 Seal Coat Out File No. 1- Dear John, Enclosed please find two (2) copies of the 1st Request for Payment for the 1989 Seal Coat project. This work has been satisfactorily completed and we are retaining 5Z until the project has been cleaned up. We recommend the City Council approve this reque:::t. If you have any questions, please contact this office. Yours very truly, BONE WROP. R ENE, ANDERL`K & ASSOCIATES, INC. eZIXIII� Harlan M. Olson HMO:li Encl. 29 2335 West Highway 36 • St. Paul, Minnesota SS,13 • 612-636-4600 REQUEST FOR PAYMENT DATE: August 30, 1989 PLACE: Orono, Minnesota PROJECT: 1989 Seal Coat Project PROJEd FILE NO.: 13947 CONTRACTOR: Allied Blacktop, Inc. ADDRESS: 10503 89th Avenue North MN 55429 REQUEST FOR PAYMENT NO.: 1 SUMMARY: 1. 2. 3, 4. 5. 6. 7. 8. 9. 10. 11. 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 Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: OWNER APPROVAL: By By Date: PR13947 FOR PERIOD: From: Aug. 1, 1989 To: Aug. 28, 1989 SPECIFIED CONTRACT COMPLETION DATE: August 15, 1989 $ 68,200.40 $ 68,200.40 $ 66,962.14 $ 0.00 $ 66,962.14 $ 3,348.11 $ 63,614.03 $ 0.00 1 $ 63.614.03 Recommended for Approval by: BONESTR00, ROSENE, ANDERLIK 5 ASSOCIAT S, INC. By- Approved By: Allied Blacktop Co. Contractor By: PROJECT: '1989 Seal Coat Proiect PLACE: Orono, Minnesota CONTRACTOR: Allied Blacktop, Inc. STATEMENT OF STORK Unit Contract Item Unit Price STREET SEAL COAT Bituminous material for seal coat Gals FA-2 seal coat aggregate (Cl. C) (chip seal) in pl. Ton FA-3 seal coat aggregate (Cl. A) (granite or trap rock) in pl. Ton TOTAL STREET SEAL COAT PAYMENT NO: 1 FILE NO: 13947 DATE: August 30, 1989 Est'd Quantity Amount Quantity To Date To Date $0.84 41.700 14.29 1,900 26.18 230 40,050 $33,642.00 1,903.45 27.200.30 233.76 6,119.84 PROJECT PAYMENT STATUS - . CITY: Orono, Minnesota PROJECT: 1989 Seal Coat Project FILE NO.: 13947 CONTRACTOR: Allied Blacktop, Inc., 10503-89th Av N, Maple Grove, MN 55429 ORIGINAL CONTRACT AMOUNT $68,200.40 Date C.O. No. 1 2 3 4 5 TOTAL AMOUNT OF C.O.'S $0.00 Description Total Change Orders Above PROJECT PAYMENT SUMMARY: Payment Period Payment No. From To This Voucher 1 8-1-89 8-28-89 $63,614.03 2 3 4 S 6 j Total Payment to Date $63,614.03 Retainage For Payment No. 1 3,348.11 i Total Value Completed $66,962.14 I PR13947 REVISED CONTRACT AMOUNT Value Completed $66,962.14 Amount $0.00 Retainage $3,348.11 /6 COUNCIL MEETING To: Mayor and City Council SEP 819$9 FROM: Mark E. Bernhardson, City Administrato CITY OF ORONO DATE: September 6, 1989 SUBJECT: 1990 Cable TV Budget Attachment: A. LMCCC 1990 Budget Letter Dated 8/21/89 B. Proposed Resolution Adopting the 1990 LMCCC Budget ISSUE - Consideration for the adoption by the City of Orono the 1990 LMCCC budget as required by the joint powers agreement. INTRODUCTION - As a membe. of the Lake Minnetonka Cable Communications Commission joint powers agreement the City of Orono together with other members cities adopt the budget by resolution for the following year. It is noted that such adoption must be done within of 30 days of receipt of the request. DISCUSSION - The proposed 1990 budget represents a decrease of 2.4% over the total expenditure budget for 1989 and is a 1.4% increase over the operating portion of the expenditure budget. (This is following a 20% increase in the budget between 1988 and 1989.) RECOMMENDATION - It is recommended that the Council adopt the attached resolution approving the Cable Commission's budget for 1990. PROPOSED MOTION - Moved by , seconded by , that the Council adopt resolution giving its approval to the 1990 Lake Minnetonka Cable Communications Commission's budget. Ayes Nays cc: Jennifer Watts, Lake Minnetonka Cable Communications Commission Lake Minnetonka Cable Communications C kr40-91fle-Vr4 1 - �, 1�.)1', 443dAK STREET • EXCELSIOR, MINNESOTA 55331 • (612) 474.55- DATE: August21, 1989 goo RLtA� 61 �EEPHAVEN - CITY OF SPRING PARK CITY OF WOODLAND CITY OF GREENWOOD 2 CITY OF LONG LAKE CITY OF MINNETONKA BEACH CITX OF ORONO FROM: Jennifer Watts, LMCCC Administrator RE: PROPOSED 1990 LMCCC BUDGET/LMCCC 1988 FINANCIAL REVIEW Attached is a copy of the 1989 LMCCC Financial Review prepared by the W.F. Denny company. I'd like to ask that you take a moment to look over this document, and if you have any questions, please make a note of them. A representative from W.F. Denny will be on hand at our Sept. 19 Executive Committee meeting to review this document and answer any questions you may have. Also enclosed you should find a copl of the 1989 LMCCC mid -year budget report, along with a copy of the prDposed 1990 LMCCC budget, which received final adoption from the Commission at its meeting Tuesday, August 15. We now seek approval. of this adopted budget from each member city. Our joint powers agreement states the Commission has fifteen (15) days after adoption to submit the budget to the member cities. The budget shall be effective only if approved by a majority of the members within thirty (30) days after its receipt by them. "If the budget is nut timely approved by a majority of the members, the Commission shall promptly adopt a revised budget and shall submit it to each member for review and approval." Because the Commission receives its franchise fees from the cable operator in March of the new year, the figures used to prepare this budget are speculative based on current statistics regarding fees and number of subscribers. They also represent the conservative estimate as to future numbers for the remainder of the year. If you have questions regarding any of the enclosed material, please direct them to our office, and I will do my best to answer them for you. LAKE MINNETONKA CABLE COMMISSION 1989 MID -YEAR REPORT EXPENSES DESCRIPTION BUDGET TO -DATE PERCENT Administrator $27,000.00 $12,176.87 45% Access Employees 15,000 5,916.26 39% Secretarial Services 1,200 538.15 45% Payroll Taxes 5,000 1,894.75 38% Mileage 500 195.48 39% Medical Insurance 1,000 300.00 30% Legal Fees 2,000 930.08 47% Insurance/Bonds 3,500 3,119.00 Q1 Financial Review-LMCCC 2,100 2,146.25 102% Conferences/Schools 4,500 2,223.06 49% Office Supplies 1,500 1,032.11 69% Dues/Subscriptions 1,500 1,085.00 72% Telephone 900 402.01 45% Postage 600 249.60 42% Miscellaneous 200 103.90 52% New Office Space 5,600 0 0% Office Equipment _ 2,500 283.74 11% TOTALS $74,600.00 $32,596.26 44% SPECIAL FUND APPROPRIATIONS Technical Audit 1,500 1,500.00 100% Financial Audit-Triax 1,000 1,000.00 100% Studio Equipment 2,246 2,246.00 100% TOTALS $79,346.00 $37,342.26 47% LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION PROPOSED BUDGET 1990 INCOME 1989 1990 Triax Cablesystems $71,379 $75,000 Interest 2,900 2,500 Carryover (from previous year) 5,067 $79,346 $77,500 OPERATING EXPENSES Cable Administrator 27,000 28,800 Access Employees 15,000 20,000 Secretarial Services 1,200 1,500 Payroll Taxes 5,000 5,500 Employee Mileage 500 500 Medical Insurance 1,000 1,000 Legal Fees 2,000 2,000 Insurance and Bonds 3,500 3,500 Financial Audit - LMCCC 2,100 2,300 Conferences and Schools 4,500 5,000 Office Supplies 1,500 1,700 Dues and Subscriptions 1,500 1,000 Telephone 900 1,000 Postage 600 650 Miscellaneous 200 250 Office Equipment 2,500 1,000 New Office Space 5,6Q0 ----- OPERATING BUDGET TOTALS $74,600 $75,7nO SPECIAL FUND APPROPRIATIONS Technical Audit 1,500 ----- Financial Review - Triax 1,000 ----- Studio Equipment 2,246 800 Legal Fuhd ----- 1,000 FUND TOTALS $3,746 $1,800 BUDGET TOTALS $79,346 $77,500 9589.: CITY OF ORONO COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE 1990 BUDGET FOR THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION WHEREAS, the Commission was issued a Regular Certificate of Confirmation by the Minnesota Cable Commissicn Board relative to the Cable Communications Franchise: WHEREAS, the City of Orono is an existing member of the Commission: WHEREAS, said joint and cooperative effcrt is authorized by Minnesota Statutes Section 238.08, Subd. 5; WHEREAS, the existing joint powers agreement provides that the member cities of Commission shall review and approve the Commission budget; WHEREAS, the the City has reviewed the 1990 budget of the Commission and believes it to be proper; NOW, THEREFORE, be it resolved, that the City Council of the City of Orono approved the 1990 budget of the Lake Minnetonka Cable Communications Commission. The above listed resoltuion was moved by and duly seconded by The following Council Members voted in the affirmative: The following Council Members voted in the negative: The above resolution was duly adopted on September 11, i989. ATTEST: James R. Grabek, Mayor Dorothy M. Ha in, City Clerk 9689.4 / -7 COUNCIL MEETING TO: Mayor and City Council SEP 81989 FROM: Mark E. Bernhradson, City Administrato CITY OF ORONO DATE: September 6, 1989 SUBJECT: Liquor Ordinance Amendment Attachments: A. Section 4.02 B. Proposed Revision of Section 4.2 Subd. 7 ISSUE - Consideration of an amendment to the liquor ordinance as it relates to the requirement for a resident manager. INTRODUCTION - The City of Orono has had as part of its liquor ordinance under Section 4.2 Subd. 7 that a manager/agent of the licensed establishment must live in the community. DISCUSSION - While this requirement has been part of the liquor ordinance for a considerable period of time (pre dating the 1984 recodification), the "ity har never in its license application requested that information nor pursued that as an issue with any of the liquor licensees. Recently an individual who is considering purchasing an establishment with a liquor license raised the issue. He did not happen to live in the community and did not feel that there was any one in the community re would want to have act as his agent for the liquor establishment, but he lives within 10 minutes cf the establishment, at his residence in Tonka Bay. This issue also came up as it relates to the possible request for license at Woodhill Country Club where there would probably not be a resident manager or agent possibly living in the community. (This is unknown at this time whether th s would be an issue at this time.) The primary purpose of the requirement is that the Police in enforcing the law would like to have someone within reasonable proxmity to the establishment to be able to deal with it. Secondly in the particular instance where the liquor licensee is a corporation or partnership that there is a physical person who can be held accountable for the acts at the premises. Neither of these issues speak to the need for the person actually to live in the community, but that they be within a specific proximity. As such Attachment B would substitute a distance requirement within the establishment for rerson rather than a specific person living in the community: T -ecommended distance is 25 miles of the establishment. ALTERNATIVES 1. Leave the resident/manager re,,virement as it is and have it enforced. 1 2. Amend as proposed. 3. Table for further consideration. 4. Take no action. RECOMMENDATION - It is recommended that the ordinance be amended as proposed in Attachment B substituting a distance requirement for the in city requirement. PROPOSED MOTION - Moved by _, seconded by , that the Council adopt Attachment B as amendment Ordinance , Second Series as an amendment to Ordinance 32, Second Series. Ayes _, Nays — 2 XTT4c H+Nr-VT 4 :.EC. 4.02. ORIGINAL T TrFNSING PROCEDURE. Subd. 1. Application. All applications shall be made at the office of the City Clerk upon forms prescribed by the proper Department of the State of Minnesota together with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information requi. _d shall be answered fully and completely by the applicant. Subd. 2. False Statements and Omissions. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement, or any willful omission to state any information called for on r.uch application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto vcid and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subd. 3. Application and Investigation Fee. At the time of the initial application, applicants for licenses required by this Chapter of the City Code shall pay to the City the fees as provided for in the current City fee ordina,.ce duly adopted by the Council, pursuant to City Code Sectiu:i 1.(35, which fee shall be considered an application and ii.vestiga~ion tee, not refundable to applicant. At any time th-t an additional investigation is required because of a changt- in the ownership or control of a partnership or corporation or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigation fee. Subd. 4. Action. A. Investigation. All app l�c:ations for a license shall be referred to the Chief of Police and to such other City departments as the Council shall deem necessary, for verification and investigation of the facts set forth ir, the application. The Chief of Police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report to the Council which ,-halJ include a list of all violations of Federal or State law or municipal regulations by the applicant. ORONO CC (4-1-84) l 4.02 67 B. Hearing. Upon receipt of the written report and recommendation by the Chief of Police and within thirty days there- after, the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing, the name of the applicant, the place where the business is to be conducted, and such other information as the Council may direct. At such hearing, all persons desiring to be heard shall hav,: such opportunity, and the Council may thereafter grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the p:: mises have been completed in accordance with the representat:_ins made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not procppd with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the *ime and place of a hearing on the proposed rescission. C. Granting. The Council may approve any applica- tion for the period of the remainder of the then current 1`_cense year or for t` entire ensuing license year. All applications including propose' license periods must be consistent with this Chapter. Prior to co:LZideration of any application for a license, the applicant shall pay one-half of the licet,se fee, and the inves- tigation fee. Upon rejection of any application for a license, or upc withdrawal of an application before approval of the issuance by _ie Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The City Clerk shall, within ten days after the issuance of any license under this Sect. n, sob;nit to the proper Department of the State of Minnesota the full name and address of each person granted a license, the trade name, the effective license date, and the date of cxpiration of the license. He shall r? so submit to the proper Department of the State of Minnesota any crisnge of address, transfer, cancellation, or revocation of any Ji.cense by the Council during the license period. D. Issuing. If an application is approved, the City Clerk call forthwith issue a license pursuant thereto :.^ the furm prescribed by the City or the proper Department of the gate or Minnesota, as the case may be, and upon piyment of the se:ond ha: `. :)f the license fee. All licenses shall te on a calendar year basis unless otherwise specified herein. For licenses isal.led and ORONO CC ( 4-1-84 ) 68 4.02 which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rat --a share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. E. License Refund in Certain Cases. In the event that, during the license year, the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his license, except when such license is revoked, the City shall, upon the happening of any such vent, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal represen- tative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee. F. Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license sr,all be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. H. Revocation or Suspension. The Council may, in its sol- Discretion and fur any reasonable cause, revoke, or sus- pend fLr a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of non -intoxicating malt liquor, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shal .. made to appear at the hearing thereon that such violation was _i% willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hog -inn udLe, stating the time, plan- and puLpuse thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation cc suspension stated in the city ORONO CC 69 (4-1-84) J 4.02 Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of non -intoxicating malt liquor, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. I. Corporate Applicants and Licensees. A corporate applicar.t, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be rLvoked thirty days after any such change in ownership or beneficial interest of shares unless the Council has been notified of the chance in writing and has approved it by appropriate action. The Council, or any officer of the City designated by it, may at any reasonable time examine the aLock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the busines: of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Subd. 5. nnni,r-=to Liccnoc:,. Duplicates of all original iicenses under this Chapter may be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subd. 6. Posting. All licensees shall conspicuously post their licenses in their places of business. ORONO CC (4-1-84) 70 ] _ 02 r� Subd. 7. Resident Manager or Agent. Before an or. -sale license is issued under this Chapter to an individual who is a non- resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually a, a licensee. If such manager or agent ceases to be a resident of _he City or ceases to act in such capacity for the licensee without appointment of a succ?ssor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 8. Persons Disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within five years or the license application of violating any law relating to the manufacture, sale or distribution of non -intoxicating malt liquor, liquor or wine, or whose license therefor has been revoked within such period of time period or convicted of gambling within the five years of the license application. Nor shall any person qualify who has not attained the State established legal drinking age or who is not a citizen of the United States. SEC. 4.03. RENEWAL OF LICENSES. Application for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license, and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Persons for renewal of application are subject to all the requirements of Section 4.02 except for Subd. 4 B Public Hearing which is an optional requirement to be established at the discretion fo the City Council. SEC. 4.04. DELINQUENT TAXES AND CHARGES. No license under this Chap,_er shall be granted for operation on any premises upon which taxes, assessments, or installments thereof are due and owing, or other financial claims of the r:ity, Cor - or State exist. SEC. 4.05. LIMITATIOV ON OWNERSHIP. No hall be granted more than one license under this Sect ,pt that a person who is a holder of an on -sale liquor license may also be the holder of an off -sale liquor license, provided '.:gat the location of the on -sale operation is separate from the off -sale location. In such cases each location shall have a seoararN antr-,ncc ullLu a public street , ut mail area. SEC. 4.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place ,,ich special conditions and 71 restrictions, in addition to those stated in this Chapter, upon any license it deems reasonable and justified. SEC. 4.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premise shall have an exclusive entrance from or exit to the exterior of the building at which the licensed premise is located. Entrances from or exits to a public concourse or public lobby meet this requirement. Subd. 1. All premises licensed under this Chapter shall at all times be open to inspection by any police officer or other individuals with enforcement powers to determine whether or not this Chapter and all other laws are being observed. Consent to such inspection by 'the licensee shall be a condition of Pach license granted. Police officers or other individuals with enforcement powers shall not need a search warrant for such inspections. Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer or other individuals with enforcement powers from making such inspection. SEC. 4.12. LICENSE FEES. All licenses provided for in this Chapter, shall be issued only upon payment in full of license fees fixed and determined in accordance with City Code Section 1.05. SEC. 4.13. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No non -intoxicating malt liquor, wine or liquor license shall be issued or reviewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340A.450, by filing a certificate that there is in effect an insurance policy or pool providing minimum coverages of (11 $100,000.00 because of bodily injury to any one person in any one occurrence, and $300,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property or othets ill &sir one oc4urrPrce, and (2) $100,000.00 for loss of means of support of any one person in any one oceurre„,-e, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregrate policy limit for dramshop liability of not less than $300,000.00 per policy year may be included in the policy provisions. 72 9689.4 ORDINANCE , SECOND SERIES 4740,ff*8Vr '� AN ORDINANCE AMENDING SECTION 4.02, SUBD. 7 OF ORDINANCE NO. 32, SECOND SERIES ADOPTED MARCH 18, 1987 AND ENTITLED "INTOXICATING AND NON -INTOXICATING LIQUOR LICENSING AND REGULATION - RESIDENT MANAGER OR AGENTO The City council of Orono ordains: Section 4.02, Subd. 7 of Ordinance No. ?2, Second Series adopted March 18, 1987 and entitled "Into:icatin; and Non - Intoxicating Liquor Licensing and Regulations - Resident Manager or Agent" is amended to read: Subd. 7. Resident Manager or Agent. Before an on -sale license is issued under this Chapter to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who lives within 25 miles of the licensed establishment in the City as its manager or agent. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. This ordinance becomes effective after its passage and publication. Passed by the council this llth day of September, 1989. James R. Grabek, Mayor ATTEST: Theresa L. Naab, Deputy Clerk Publish in the Laker/Pioneer newspaper the week of September 18, 1989. 9689. 6 TO: Mayor and City Council COUNCIL MEETING FROM: Mark E. Bernhardson, City Administra�`Orr,J SEP E 1989 DATE: September 6, 1989 CITY �y SUBJECT: Council/Planning Commission Meeting - Facilities ' OF GitONO 7:00 P.M. on September 14, 1989 Attachment: A. Facilites Memo Dated 8/2/89 ISSUE - 1. Reminder of the upcoming facilities meeting date. 2. Possible amendment of date. 3. Presentation of preliminary agenda for that meeting. INTRODUCTION - At the Council's August 11, 1989 meeting Council establish —September 1.4th as the date for the meeting. DISCUSSION - As had been indicated at the August 11, 1989 meeting Councilmember Callahan might have a commitment on that date. At the present time the commitment still exists and as such it would probably be best to postpone until all can be there. Alternative dates maybe selected from the budget date memo. The following represents the preliminary agenda for that meeting. 1. Recap of Planning Commission/Council tour of facilities. 2. Discussion of building quality to determine estimates. 3. Review lease purchase financing. 4. Next steps in process. ALTERNATIVES 1. Leave as is. 2. Postpone 3. Select new date. 4. Postpone amendments to the agenda. RECOMMENDATION - It is rec,;mmended that the date be postponed an —ari alternate be selected. PROPOSED MOTION - Moved by , seconded by , the Council postpone the date and select an alternate date of Ayes Nays cc: Planning Commission Members Carolyn Dr.ude, Ehlers and Associates David Kroos, Boarman and Associates 8289.6 4 s 1 I MapcSr and City Council FROM: Mark E. Bernhardson, City Administ:atoo DATE: August 2, 1989 SUBJBCT: Facilities Meeting ISSUE - Establishment of a date for a meeting. INTRODUCTION - Because of c6nflicts of numerous people August has become a very difficult montV in which to schedule a meeting and therefore attempting to establish a meeting in September. Available dates in September include (Council meetings are 9/11 and 9/25 and Planning Commission 9/5 and 9/18). Thursday, September 14 Wednesday, September 20 Thursday, September 21 Wednesday, September 27 ALTERNATIVES - 1. Adopt a date. 2. Table for further discussion. RECOMMENDA7ION - It is recommended that the date of Septeraher 14, 1989 be e!•tablished for meeting with the Council on facilities. M 9689.5 11�1 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administratov DATE: September 6, 1989 SUBJECT: 1990 Budget Process Attachment: A. 1990 Budget Process Memo Dated 8/17/89 COUNCIL MEETING SEP 81989 CITY OF ORONO ISSUE - Amend current date for the separate Council._ budget meeting. INTRODUCTION - At the Council meeting of August 28, 1989 the date of October 3rd was tenativ ely established for a budget meeting. Not all Councilmembers will be able to be present. Would Council prefer an alternate date, such as Wednesday, September 27th as a substitute. It is preferable to have this meeting in advance of the October 9th meeting, but is not mandatory. ALTERNATI`IES 1. Leave October 3rd as the date. 2. Select a new date: Tuesday, September 19th Wednesday, September 20th Wednesday, September 27th Thursday, September 28th RECOMMENDATION - It is recommended that the date of September 28th be adopted as the date for the Council's budget meeting. PROPOSED MOTION - Moved by _, seconded by , that the Council adopt as the date for the 1990 budget meeting. Ayes Nays _ 9689. 7 C�v TO: Mayor and City ty Council 1 ^O�NCI�EEt'N y G FROM: Mark E. Bernhardson, City Administrator SEP 81989 DATE: September 6, 1989 CITY OF CRCNC SUBJECT: Navarre Redevelopment Attachment: A. Navarre Redevelopment Memo Dated 8/17/89 ISSUE - Revision of a date for joint Council/Planning Commission meeting at which the public will be invited. INTRODUCTION - At the August 28, 1.989 meeting the date of October 7th was reviewed with some persons indicating a possible problem. As all Councilmembers will not be available, it is recommended that an alternative date be established and it is suggested that Saturday, November 18th be so established. ALTERNATIVES 1. Adopt the date. 2. Table. 3. Take no action. PROPOSED MOTION - Moved by , se.:onded by , that the Council adopt as the date for joint Council-Flanning Commission meeting subject to Planning Commission approval for discussion of Navarre redevelopment. Ayes _, Nays __ cc: Planning Commission Members John Gerhardson, Public Works Director Jeanne A. Mabusth, Building & Zoning Administrator John Shardlow, Dahlgren, Shardlow, Uban 1 81789. 6 C� J 0 3 TO: Mayer and City Council 4 , PRO!!: Mark E. Bernhardson, City Administrator �1►'!; August 17, 1989 SUBJECT: Navarre Re -Development ISSUE - Establishment of a date for a joint Council/Planning Commission meeting at which the public will be invited. INTRODUCTION - Given the upcoming facilities and budget meetings in September it is suggested that the meeting on Navarre be held in the later part of October. DIS7USSION - Proposed dates are as follows: Saturday, October 7, 1989 Saturday, Novembe--r3$,9 Saturday, Novembe 18 1989 ALTERNATIVES - 1. Adopt a dare. 2. Table. 3. Take no action. RECOMMENDATION - It is recommended that October7, 1989, be established as the date for a joint meeting unless facility and budget meeting or Councilmember absence make it difficult. A morning meeting at the Freshwater Biological Institute would be with coffee and rolls. PROPOSED MOTION - Moved by , seconded by , that the Council adopt October 7, 1989, as the_date for the joint Council/Planning Commission meeting subject to Plannirg Commission approval. Ayes Nays _ cc: Planning Commission members Jeanne A. Mabusch, Building & Zoning Administrator John Shardlow 9589.4 COUNCIL MEETING SEP 81989 TO: Mark E. Bernhardson, City Administrator ��!! Jeanne A. Mabusth, Building & Zoning Administg]Ty rOF ORONO September 5, 1989 SUBJECT: Performance Evaluation Review/Building Inspector - Step Adjustment Per the directives of the Orono Compensation Plan, Mr. Oman has completed his annual performance evaluation. As Supervisor of the Building and Zoning Department, I am able to report that I am well satisfied with the performance of Mr. Oman in his assigned duties. Mr. Oman, as Building Inspector is scheduled for an annual review date for step adjustment purposes as of September 1, 1989. The point result. of the time spent profile provided through Personnel Decisions Inc. placed the position at a Group 7 level of the City of Orono's Compensation ' an. Mr. Oman is eligible for a Step 4 at Level 7 under the 1 8 Compensation Plan Wage Table. Per your memo of May 30, 1989, the increase is recommended at $13.86. Mr. Oman perfor his duties above the expected performance level and I recommef,,: his salary be adjusted �-` to reflect an increase to $13.86 per hour. (See attached performance evaluation). TO: Mayor and City Council C1 FROM: Mark; E. Bernhardson. City AdminiszratJ116 Forwarded recommending approval. The issue rega ding the vacancy created by Mr. jacobs' resignation will dressed at a future Council meeting. PROPOSED MOTION - Moved by _, seconCei t,) approve the salary increase for Lyle Oman to $13.8e) p-r step 4 at Level 7 under the Compensation Plan, effect,je ..ep 1, 1987. Ayes _, Nays — cc: Tom Kuehn, Finance Director Personnel File r• COUNCIL MEETING SEP 81989 CITY OF ORONO To: Mark E. Bernhardson, City Aeministrator From: John R. Gerhardson, Public Works Director Date: September 1, 1989 Subject: Progress Report - Recycling -1st Half 1989 Attached for review is the progress report for the 1st six months of the Curb Side Recycling Program. We are very pleased with the results but will strive for further improvement in the future. Another mailing will be sent out in the very near future as a reminder to residents about the program and that curbside is twice monthly not every other week. Recor.imendation : program report. To accept the 1st half of 1989 recycling Proposed Motion: Moved, second, to accept the 1st half of 1989 recycling program report. To: Mayor Grabek & Orono Council Members Froa: Mark E. Bernhardson, City Administrate Forwarded recummending approval. Date: T From: Re: WEST HENNEPIN RECYCLING COMMLSSION t,nfiekWrx eper4ence•-Long Lake -Loretto -Maple Plair-Medina-O.-ow I &V Maple Ave. Maple Nair., MN 5059 --I- " , AO August VO, 1989 The Cite C::uncil of the City of Orono Margie Vigoren Recycling Coordinator Nest ?l,nnepin Recycling Commission Semi :al Report Enclose—1 i5 tam sen'_-anntial report on the recycling efforts of the City of drone and n3 tiest Hennepin Recycling Commission for thu first half of 1989. Fwided by tiURC with 86% funding by Hennepin County Printed on Retwkd Paper WEST HENNEPIN RECYCLING COMMISSION RESIDENTIAL TONNAGE REPORT: JAN. - JUNE, 1989 DROP OFF SITES MONTH (_,EENFIELD ,MEDINA INDEPENDENCE MOBILE TONS TONS TONS TONS JAN 1.1 4.82 7.02 FEB 1.29 2.48 4.74 MARCH 1.88 1.9 4.04 APRIL 3.95 1..')1 5.02 MAY 4.3 7.05 JUNE 1.91 2.41 3.66 7.22 TOTALS 14-43 13.52 3.66 35.09 NEWSPAPER DROP Or� SITES SALEM LUTHERAN CHURCH (GREENCIELD) TONS ORONO MIDDLE SCHOOL - 675 TONS TOTAL D`',OP OFF TONNAGE: JAN. - JUNE, 1.989 107.375 TONG CURBSIDE TONNAGE LONG LAKE 46.61 TONS LORETTO 11.98 TONS MAPLE PLAIN 47.26 TONS MEDINA 82.98 / TONS <( ORO17U 212.95 TONS G't j TOTAL 401.78 TONS TOTAL RESIDENTIAL TGNS RECYCLED THROUGH .TUNE, 1.989: 509.155 W.H.R.C. RATE OF ABAT:;MFNT FOR FIRST 1/2 OF 1989: 142 CURBSIDE RECYCLING IN THE CITY OF ORONO JANUARY - JUNE, 19,9 30T ?Sr for isr 10% AbotenKnt for ST Total tannage recycled 212.95 tons (curbside) Rater of abatement 13.6 0 (6 months) Monthly abatement 16% (since curbside) Average household 1,107 participation Average rate of 42=. participation TO: FROM: DATE: SOW: Mark E. Bernhardson, City Administrator Jack Brinkhaus, Street Foreman September 6, 1989 Fall Clean-up Day - October 14, 1989 C 3 COUNCIL MEETING SEP 81989 CITY Of ORONO The City of Orono Public Works Department is planning fall clean-up day on Saturday, October 14, 1989 from 8:00 a.m. to 4:30 p.m. The collection point will be behind the long, gold equipment shed at Brown Road South and Spates Avenue in Crystal Bay, next to the Administration Building. The following items will NOT be accepted: tires garbage tr.-:es b?.ush c iemicals truck loads barrels, drums, chemical containers, petrolium products or containers Leaves and small items will have to be bagged and tied - Newspapers and all paper products must be tied securely. Appliances will be set aside and will be picked up by an agency that disassembles and recycles appliances. There is a fee to have them picked up, but we are not recommending charging a fee to the residents at this time. This year we will accept Eurasion Milfoil for composting and there is no need to bag it up. Bringing it in pick-ups or trailers in bulk is fine. ORONO RESIDENTS ONLY! PROPOSED MOTION: Moved by , seconded by , to designate October 14, 1989 as Orono Fall Clean-up Day. Ayes , nays To: Mayor Gra':­;�. & Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. ' 9689. 8 COUNCIL MEETING SEP 81989 a TO: Mayor and City Council rY OF ORONO FROM: Mark E. Bernhardson, City Administrate, DATE: September 6, 1989 SUBJECT: Administrator's Information HIGHWAY 12 FEASIBILITY STUDY - Staff is currently awaiting word from MnDOT District 5 as to response from MnDOT Central Office regarding the Highway 12 feasibility consultant monies. UNITED WAY - Dorothy Hallin, City Clerk did an excellent job in increasing participation from 15% to 25% in the City's United Way effort and increasing the total dollars pledged by over 50%. ASSESSING SERVICE STATUS - The City has placed an ad for assessing contractors services in the Tribune a couple weeks ago and has received 5 or 6 inquiries from people interested in either contracting or being an employee. At the present the City has submitted an ad to the League of Minnesota Cities magazine but this will not come out until the October edition. The City will be considering individuals and proposals it has received in the interim. GOLF COURSE OPERATION - Attached please find two letters zffressing trio golt course situation which you may find of interest. In addition the receipts were up $9,400 over the July 1988 receipts and over $10,000 over the August 1988 receipts. Leaving the Golf Course approximately $20,000 ahead of its receipts last year. The Course has generated $4,000 more in receipts through the end of August as 4t did in all of 1988 (through mid -October). HIGHWAY 12 AND WILLOW DRIVE - Another personal injury accident occurred at Highway 12 and Willow when an individual southbound on Willow turned eastinund onto Highway 12 and did not see a motorcyclist coming eastoound. The motorcyclist was injured and will be out of ,ork for 4 to 6 weeks. SUMMARY OF RECEIPTS/DISBURSEMENTS FOR JULY - See attachment. ELECTRONIC FUNDS - See attachment. GOAL SETTING STATUS - See attachment. ... ..... Mr R J Berglund 12000 Manon Ln 0121 1 Minnetonka MN 55343 'U"AIT3YA ,tJAU','J Aug.16, 1989 c• e.. .: I 7i`1 Mar3E� 't4lJd Adr, Box 66 CrystalBay, Mn. 55323 Dear Mark: Being on the Orono Park Board at the time, I was part of a committee tnat was involved in the sale of Orono GolfCourse between Leo Feser and the city of Orono. Leo was planning to leave the area and make hisresidence in Arizona. He decided to sell the golf course. It was a hard decisiion to makeas he wanted to keep it as a golf course. As the city of Orono was short of park or amusement facilities, they made Leo an offer to buy it and keep it as a golf course. Although Leo could make out better financially by selling it to a developer this other ways -,would keep it as a golf course. The Orono Golf Course has quite a history behind it. It was the first public course in the state to have grass greens. It also has the distinction of having the oldest league in the state::having played continuously since 1946. The league consistso6:`64 men playing once a week sponsored by different business organizations. The grounds are the best sliding for miles around as an added winter attraction. I have played in this league since it started and a lot of the other plavers almost as long. There is a waiting list of business!- waiting to sponsor a team. You can imagine the concern:: of all these playerswhen they heard that the course might be sold. The National Golf Foundation has predicted that in 10 years 400 more gclf courses will be needed to satisry all who wish to play. The country is in dire need of amusement place or parks for our younger generation coming up instead of roaming the streets a.ni countryside getting into trouble.. The cities and counties are putting in parks and playground thinking along this line. I hope the Orono council will realize what a wonderful asset they have in the golf course. Sincerely, Roland J. Btrrglund August 16, 1989 To: Mark Bernhardson C/o City of Orono Box 66 Crystal Bay, MN 55323 From: Ruth FeSer Hale Re: Status of Orono Golf Course To whom it may concern: Roland Berglund, a long-time friend and neighbor and a former member of the Village of Orono's Park Commission, recently contacted me to express his concern over the proposed future of Orono Golf Course. As the eldest child of Leo Feser, the founder of the original "Orono Orchards Golf Course," I think the City of Orono may wish to consider the following points: 1) My father, believing strongly that 'one cannot live beyond the grave," wisely did not attach any stipulations to the sale of his golf course to the village of Orono. However, he did reject a developer's much higher price at the time of the sale in the hope that by accepting the Village of Orono's lower financial offer he would, in sffect, be making a contribution to the continuing growth of the community's park and open space facilities. 2) Mr. Berglund tells me that cone-rn has been expressed that the golf course operated in the red this past year. Is this perhaps attributable to bookkeeping methods that assign the cost of net,, shingles on the clubhouse and construction of a new machine storage shed to just this past year? If so, that seems a bit out of line because normally, aren't those kinds of investments allocated evenly over their future Years' use--20 to 30 years? 3) At a time w;yen the National Golf Foundation is forecasting a need for 400 additional golf courses in the US by 2000, it would seem short-sighted to subtract Orono from the foster of Twin Cities public golf courses. 4) Orono Golf ';uurse was the first privately -owned public golf course in the state of Minnesota ti, ha,e bent greens; before 1924 when the course was opened, sand greens were common on post daily fee golf courses. Built entirely with horses and manual labor and never subjected to massive redesign or rebuilding, the course exists toda, as a little 'historic gem', perhaps worthy of registration with the National Register of Historic Places. (Further informa•ion on this possibility can be obtained from the Minnesota Historical Society, Fort Snelling Branch, Bldg. #25, Fort Snelling, St. Paul, MN 55111 (612-726-1171). True, it is old-fashioned (quaint?), but consequently it is a groloOng rarity on the American golf scene. What might present generations have lost ;f the city fathers of St. Andrews, Scotland, had long ago decided their spectacular and now world famous coastal links w. be more profitable if used for otner purposes? 5) What has the City of Orono done to promote golf at its public golf cou^se? In this day of advertising and hype, perhaps Orono's challenging beauty and unique history would benefit from some strong promotional efforts. For example, sizeable fee adjustments for beginners, the youthful. and senior citizens on certain days of during periods of light play might be successful attractions. 6) As one who learned to play golf an Orono's spectacular hills and uneven meadows, I can say that despite its relatively short length, I experienced there all the challenges of a standard length golf course: the multitude of different lies an both fairways and greens, water hazards, sandtraps (Orono once had its fair share!), easy par 4's and tough par 3's. I still play a lot of golf, and I become quite impatient when I find myself battling a regulation length course behind a group of beginners who really should be trying their luck on shorter courses. As my brother Bob has suggested, Orono has the potential of being an excellent executive -length course, i.e., longer than a par 3, but shorter than a full regulation nine holes. 7) My brother Bob suggests that another option for the City of Orone would be to massively redesign and rebuild the course, to modernize it in an attempt to attract more present day golfers. 8) What has the City done to promote the use of all those hills for winter recreation? I note that Baker is open for sledders and skiers; again, Orono could provide hours of good fun for families not yet ready to tackle more awesome slopes. Sleds, toboggans, and neophyte skiers once graced Orono's snow-covered hills in winter; do they still? If so, is there any sort of users' fee assessed? 9) For all those who live along Orono Road, the course remains a little green jewel of open space in an area that is fast being ovepcome with housing. So long as the City already owns this magnificent piece of land in the middle of an increasingly densely populated neighborhood, it seems short-sighted to contemplate selling it off to yet another 'developer.• These are ,lust a few thoughts of one who has many fond memories of a beautiful piece of land that I sincerely hope will long remain in public custody, open year 'round to those who enjoy having fun in a lovely and unique historic setting. Orono can and should continue to fill a distinct niche in Twin Cities golfing opportuniti4s. 1 would much appreciate being informed of any forthcoming meetings that may be held to discuss the options being considered by the City Council. Thanks for your c, asideration. Sincerely, AFese:• Hale Rt. 1, Box 1369 Hager City, WI 54014 P.S. Did you knov, that in the Federal Writers' Project publication MINNESOTA: A STATE GUIDE (Viking Press, NY, 1938) on p. 391 there is a reference to Orono Orchards Golf Club (sic) as follows: •... left to OOGC 0 holes, small fee*) ... which maintains a sporty course with rolling fairways and well -kept grass greens.' *The fee then which covered one day of golf, or as many rounds as you wished to play in a 12 to 14 hour period, was 25 cents. Dad always used to say that during the depths of the Great Depression, the course was always busy, partly because so many unemployed had so much time on their hands, and rartly because of the small fee! CITY OF ORONO SUMMARY OF RECEIPTS, DISBURSEMENTS AND BALANCES !t� .. FOR THE SEVEN MONTHS ENDED JULY 31, 1989 BEGINNING 1/1/89 ENDING 7/31/99 ----------------- ---------------------- CASH TOTAL TOTAL CABS INVESTMENT BALANCE BUDGET (C) TRANSF INVEST BUDGET (C) a OF TRANSF INVEST BALANCE INVEST FUND BALANCE 1/1/89 RECEIPTS 1989 IN SOLD DISBUR 1989 BUDGET OUT PURCE - 7/31/89 BALANCE ---»--------»--------------------------------------------------------------------------»-------------------------------_--------_ General 2,961,358 1,622,270 2,620,660 1,569,996 2,720,660 57.70 3,013,632 Parks 116,402 17,201 17,000 366 133,237 CDGB Equip Outlay 0 263,161 0 16,400 68,200 0 33,304 112,530 29.61 0 246,237 Bldg Cap Outly 145,228 8,172 129,500 9.450 144,950 Run St Aid Cons 3.519 190,000 0 190,000 3,519 For Impr Rev 149,081 43,578 190,000 22,728 359,931 Imp Bond 66-76 60!:.720 59,314 82,800 172,917 173,190 99.80 496,117 Imp Bond 80 47S,56S 58,408 96,600 99.810 121,740 82.00 434,163 Imp Bond 82 195,025 11,061 15,650 60,113 68,360 87.90 146,773 Imp Bond 85 136,861 46,707 91,150 29,615 108,390 27.31 133,933 Water Op 113,523 79,95F 191,500 101,221 174,54n 59.10 90.259 Savor Op 443,170 399,498 463,220 265,913 361,240 73.61 576,755 Golf Course Op 0 79,746 92,190 72,608 101,8SO (a) 71.31 6,13E Pooled Inv Trust Fund 5,514,024 (5,514,024) 295,31? 7,123,861 295,319 7,154,708 (5,544,9711 5,344,071 ' ---------------------------------------------------------------------------------------------------------------------------------------------- TOTALS 5,514,024 98,589 2,927,430 3,868,470 190,000 7,123,861 2,734,360 3,942,500 19n,000 7,154,700 260,812 5,544,E71 TOTAL LT 5,361,402 56,648 2,621,571 3,628,170 « «7,310 10,129,217 2.714,139 3,624,030 7,310 10,040,718 44,579 5,2E0,907 YEAR .....«...«M«..«...«..« ...... .......«...«..«.««.....«.«.«..««..«« TOTAL 1989 CASH a INVESTMENT To 7/31/69 $5,805,683 GENERAL FUND BUMRART -------------- ___ - 1989� ----- ----------------------------- NOTE (a) Golf operating fund budget does not include amounts for purchases ------ a OF for resale or @also tax collected/remitted. The receipts budget projects REVENUE BUDGET BUDGET gross profit - not total receipts. -----------------------------------------------• Taxes 585,221 1,212,030 --------- 49.30 NOTE (b) General fund revenues recorded will not equal receipts collected Licenses a Permits 83,542 90,000 92.80 Oue to receivables billed in other accounting periods and non -revenue Iatergov. Revenue 228,230 420,540 54.31 *eceipts. + Chg■ for Sery Fines 473,308 50,457 623,990 95,500 73.90 52.81 1'oTE (c) Budget amounts include sr_hadula■ transfer@, do not include fund Inn, on Invest. 136,079 165,000 87.5o balance uses or additions. Tran. Fr Other Funds 0 0 Other 24,100 13,600 177.21 _»»------------------------------------------ TOTAL REVENt�«gyp - •"0`937 2,620,660 60._.31 L CITY OF ORONO INVESTMENT TRANSACTIONS - ELECTRONIC WIRE TRANSFERS AUGUST 5 - SEPTEMBER 8 DATE: TRANSFER FOR 08/11/89 Proceeds from matured FNMA Repurchase Agreement, net of Commercial Paper purchased 08/14/89 Interest received on FNMA 08/16/89 Proceeds from matured Commercial Paper 08/29/89 Interest received on FHLB 08/31/89 Purchased US Treas Notes Repurchase Agreement net of matured FNMA Repurchase Agreement 09/01/69 Proceed3 from matured Certificate of Deposit FROM TO AMOUNT Marquette 1st Bank Lake.-, 168.38 Bear Stearns 1st Bank Lakes 1,700.00 rain Bosworth 1st Bank Lakes 326,000.00 Beac Stearns 1st Bank Lakes 11,187.50 1st Bank Lakes Marquette (100,000.00) Dain Bosworth 1st Bank Lakes 103,900.00 187 STO - 1987 Short T- objective do SM - 1988 Short Term Objective -99 S10 - 1989 Short Terr objective •: a Gann. SETTTI G CT1Y OP ( AND MRRR E. BERNHILIK) t CITY AQ4IlQSiFJUM 1 MRY 1909 - 30 APRII. 1990 A. Highway 12 1. Utilities Sewer - Part I Install i Sewer - Part II Install. Water System Insta.1 j Main 3 Well (6 months) Tower (9-12 months) Plans Specs - Order Award Financing Negotiation on Utilities 'Long Lake - Medina) 88 SIM 2. Long Term Corridor Upgrade '89 M Feasibility Study MnDOT initiation or G.oup initiation Completion 3. 1992 Safety Improvement Preliminary plan approval 188 STO a. Navarre Redevelopment Determine project scope/ '89 STO direction 187 STO C. County Road 15 Project crmpletion assessments Beautification Plan Determine nKmr to implement '87 S'M D. Community Transportation Update capital project is Plan guideline-s `ridge oonding program Continued analysis public/ private ' 1 Draft 5/19/89 Revised 6/30/89 7/31/89 9/05/89 DATES STATUS 09/01/89 Bids Close 6/30/89 Project Ordered 7/24/89 Negotiating Asnnt Term/Develop Agrunt 07/01/90 09/01/89 Project Ordered 7/24/89 04/01/90 2/l/90 Need available water 0,/01/90 09/89 11/89 8/14/89 Bond Resolution adopted 09/11/89 Proposed Bond 'tale 09/01/89 6/30/89-Awaiting Response from MNDo' Central Office on Consultant 07/07/89 Delayed until at least 9/1/89 O1/ 30/ 90 10/90 10/01/89 Info meeting held 7/24/89. Awaiting Long Lake response to MnDOT 08/01/89 6/01/89-Reld Joint Mtg 6/26/89 Discussed future direction 8/28/89 Set 10/7/89 meeting 07/01/89 Project completed 09/01/89 8/28/89 Assessment adopted 10/01/89 07/89 09/89 7/10/89 Adopted 08/89 7/24/85 Mono Private/Public/Driveways/Roads 8/28/89 Memo Re: City Attorney Private Roads l AREA GOAL AREA OBJECTIVE DATES STATUS 1. COMMUMITY DEVELOPMENT Continued E. County Road 116 Preliminary plan review 08/01/89 Set public info mtq for design review at 7/10 mtg Resident review 7/26 Public info rescheduled to 9/25 '87 S1D F. Storm Water Management '88 Sm Plan '89 Sm 188 Sm G. Community De.rlopment A.) Fnhance effective controls 10/01/69 189 STD Direction and Progress of marinas B.) Work ',wards service and :exults oriented ' Surprises" proce._ 2. ENVIRONMEMAL Pf MWrION A. Stubbs Bay ' 89 : B. S.lie Waste Mans. Public informational meeting 08/15/89 Meeting held 7/27/89 Determine assessment area interest 1,/01/89 Engaga an appra; ll/IV89 Consider financing -,)tions Considec development moratorium 12/30/89 Bond sale .2/30/89 Iff ropriate - Initiate project - Project bid 03/9u - Commence project 04/90 - Assess project 10/90 - Complete project 10/90 Review organized collection 09/89 if n-.eded Review program performance 10/89 Rebid contract for curbside 10/89 Reviewncentives to irp :ove 02/90 participation 2 a ARFA QV L AREA Oa=IVE 2. ENVUCH ENIAL PROTECTION Continued C. Metro Waste Peplacement Completion Project Lift Station 10/Lift Station 43 Replacement Bid award Public informational meeting - Financing implement financing - Connection charges 3. ONQINIZATICNAL DEvEuvmENr A. 1990 Council Goal Setti,r. _oimence Complete B. 1990 Budget Process Assessment Board of Review Preliminary Budget guidelines Capital projects guidelines revieh' Alternate Dates n8/01 - 08/15 Preliminary mill levy adoption (Truth in Taxation) 04/15 - 10/15 Hearing Budget adoption 10/25/89 Final levy adoption C. 1990 L -islative Program Review D. Team Buildinq Staff Council DATE 10/01/89 05/22/89 5/22/89 Bid awa.ded Connection charges adopted 8/14/00 06/89 6/22/89 Pre -construction m:,. 07/89 7/18,'"9 Oxistruction oor r.nce 0.1/89 1/28/89 Preliminary 1990 Strategic Goal ^etting presented 09/89 05/89 Bd of Review held 5/11/89 i 5/24/89 06/89 --Ire_.ented Initial Guidelines 6/12/89 ,?resented Revised Guidelines 6/26/89 08/V 09/15/89 b/30,189 May require action by 8/1/89 7/24/89 Adopted pcelimiancy coax. levy 8/14/89 Adopted "Final' prel; inary mnx. 8/28/89 Special Council mt5 set 1U/3/89 with 10/9/89 for Budget Rearing 10/15/89 12/ 15/89 12/89 12/89 3 ARCM COAL ApPA BIRTIVB �� mms 4. SE I2 DELI' A. Facilitiee UMrade Letermim If u dertakirg 09/Ol/89 6/29/89 Bus tour of Eaoilitlee - Fin lal Meetinl set for 9/14/89 Cents Site - PiDl1c SnEormatlm mretirg (a) If UWertakm site wvisitim, if any Select architect oesi9n Flml plans/costs Plata/s ifiratime Fi.lg Bid awards -V sm B. Loig ealge Financial ce lw Ealance of pollcy 12/89 '00 sm Patiry r.. Business Steate, Plans Police 07/01,189 7/10/89 Presmtel m C it Golf Course 09/01/89 7/10/89 Initial Wtims to Coumll Directed m as.ese idea. to coke profit Cl- D. Service p ie f}gi.ieerieg services 09/99 L,.l eervi xL 10/89 B. Amemirg Service 7/10/89 Council directed trmsiniaal pepl.t mrargeemt plus eWlore contract ar4/m ewio t 8/15/89 'Aden mbeltttd 4 A. cogp saticn B. Ewloy t 6. t91R1B M ams m s EVlore performance ircentive 10/89 program Eaplore -Cafeteria Benefits'/ 07/01/89 Im Section 115 Plan Determine Sectim 89 regoivemmts to/ol/89 mucipate delay in Requirements for mtll after I/% Affirmative Actim Prr,ram 09/OV89 6/89 N Imger State requirement adoptim l COUNCIL MEETING SEP 81989 CITY OF ORONO LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF September 11, 1989 Home Occupation License: Thomas Gorman 2640 Watertown Road Special Events: Viking Bassmasters - Fishing Contest North Shore Drive Marina 3220 North Shore Drive September 24, 1989 6:00 a.m.-2:00 p.m. John Laurent Parade of Homes 1270 French Creek Drive 9/10 - 9/24 1:00 - 8:00 P.M. 0 AUG 2 3 CITY OF ORONO'�'�-�� Application Date: HvC� Z�, 19 2� P.O. Box 66, 1335 So Brown -Rd-----. Date License Approved: Crystal Bay, NN 55323 Date License Expires: APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE - FEE -� NAME: i_�,�n nS=�a('V1 PHONE: ADDRESS:1`7 CITY: eRoNe,MU S535L No. of Employees within operation: r�7e,-.o Provide list of names of employees on back, of this application. Type of Business to be Operated: Pza aHr-fAL License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to ion is required ObynCity nstaff, theicipal review ntime will be extended etontenc(10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on thei second -and =..fourth ...... .. eachmonth. i__36D_SIDi:_....... =-=......... ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices. 1. It is unlawful for any business operating as a home occupa_tion-_tb engage in operation without proper licenses. -- - 2. All persons engaged in the business must reside in the dwelling:- 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. - ------------------------- The undersigned hereby -agrees -to -the -conditions quoted abovefromthe Orono Municipal Code and any additional conditions the City may require. Signature of Applicant Date- ------------------------------------------------- FOR CITY USE ONLY: After review of application, staff recommends the following: _', <_ Approval of License Denial of License Signature of Zoning Official: Date : Signature of Fire Inspector: _ Date: 9 - i Alt�X2'� �/2 W%W APPLICATION PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 Date: 19j?c?_ Application Number ' Name Name of Persons and/or Organizations Handling the Event Phone Numbers &l -J/rYs. 7%7 - Date of Eve it 9 _ay , 19y� / Hours of Event L+AO LLn - 2 , 00 Fes_ Reason or Purpose I KI (S 4 Insurance Coverage -ra Fi c. Amount Company -&n. L-A,�/ovi�9[l�ah� i550cia/cS 05 ,f-W) Copy of Insurance Certificates to be Submitted with this Application. I am aware of all applicable State and other laws regarding Parades and Special Events and will abide by same. I also agree to hold the City of Orono harmless from all liabiliti,s that may arise directly or indirectly from the Parade or Special Event approved by t granting Pf� this permit. pr;li cant Fee: $25.00 Sign ure o�pplicant Fee Paid: I RECOMMENDED: Yes x No Datc: ,lY Check Cash Initials Office Use Only: �-74teZc--AII(l�: Public Safety Director Approved: Yes_ No Clerk -Administrator Remarks: DATE: September 5, 1989 TO: Mark Bernhardson, City Administrator FROM: Melvin Kilbo, Chief of Police SUBJECT: Special events permit - Parade of Homes, 1270 French Creek Drive I would request Mr. John Laurent furnish proof of insurance and comply with the following conditions: 1. Provide civilian traffic direction at both entrances. 2. Set up one way traffic pattern. 3. Set up jDarking one side completely around the circle to accomodate visitors. 4. Notify people living on French Creek before uncomina event. 5. Post "NO PARKING" signs on Co. Road 51, from the Art Center on the east to the beginnina of the curve to the west on Co. Road 51. 6. The above apply to only Saturdav and Sunday events. APPLICATION PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 ate: �s--� 1 19I it7 I Application Number ame r-\ 0 1n - L ddress Z 70 Fr-e l�.v l Jv Cf� K" .ovation of Parade or Event 1 Z O r L 0' me of Persons and/or -.one Numbers L( 7 J - .ate of Event g - la, lesson or Purpose Handling the Event l YISi Hours of Event F — d 1- •.surance Coverage r'L6 fount ''// -_. - ompany HDRe4OicDC9t 1Us .JCRs/ -' - - :py of Insurance Certificates to be Submitted with this Application. am aware of all applicable State and other laws .regarding Parades and peclal Events and will abide by same. I also agree to hold the City of :rono harmless from all liabilities that may arise directly or indirectly rom the Parade or Special Evcnt approved matte %rantieg, o£-this permit. e: $25.00 ';e Paid: .te• 19 eck sh :itials 'fice Use Only: cant No Public Safety Director AP jF es No Clerk- inistrator marks UJILd CITY of ORONO e..: Oma B. 66"CmW a.9. Mi--M svz:• MUA'C'* Olam On the North Shore of Lake Minnetonka In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of orono or any of its furnish certain private or condepartments fidentialimay require you to information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refus- to ooit ply data, but refusal may require that the City 3. The informatio.' mny be shared with other local, state or federal agencies to t.:u extent necessary to process the permit or license. 4. If our requested to appro e, some Permit informationOr license may become public.res Council action 5. You have certain rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are required to process this application or permit. aL First -- luaaAa ^� ---- di 0., ✓✓ Address city State Z Ll�s Phone I understand my rights as stated above. -473-7357 a AMINUTRAneN• FINANCE-a717Jfe MUC WORKS - 4W359 1 APPLICATION PARADES :nd SPECIAL EVENTS CITY � of ORONO, MINNI -TA. 55323 Date: 9 / 7 , 19 R, Application Number Name _J/AnJJ C�:U<1400 r M)L O CO F- Ipt7 O. _ Address L N-1 7-AT✓i_ �1( P - 'G Location of Parade or Event Z(.r10 R� INLtij ��U:sD Name of Persons and/or Organizations Handling the Event 1/A'J LI;cAclinr,r F--ACnRP C-1J-:�1c. VA j LI:C 1, I A 0 V i Phone Numbers `i7b - I Sl Y7 W lc I73 - OS ZS I i _ _ Date of Event C'- 19 Hours of Event - Reason or Purpose 'PAk'.4 Q • CF A%M Insurance Coverage Amount Company Copy of Insurance Certificates t.• oe Submitted with this Application. I am aware of all applicable State and other laws regarding Parades and Special Events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the Parade or Special Event approved by the_p5orrijig-of this permit. Fee: $25.00 - gTogfure of Applicant Fee Paid: Date: 19 Chec'c Casa Initials Office Use Only: Remarks 3-84 PRODUCER COMPANY BINDER NO. / Rooke Johnson & Renslow Insurance Agency, Inc. 5620 Smetana Drive #370 Minnetonka. MN 55343 'rill an CU�TM 1 eNRwTax DATE iRE DATE RAE s01 X Au X 10i^" � TMB EIMDER le wEUID To EIffEMO DOVERADE w RR ADDYE fM1m COMPANY VEP DIRPWD Y0.1CY N0.'. DIxAYPR011 aE OPFAAl10NNYEHIDIFEIPRDPERTY IwLLWwD L0CJi9M CODE WaCODE INSURED VanEeckhout Building Corp. 1935 Wayzata Blvd. Wayzata, MN 55356 TWE 0E w5URANCE COVERAGESRORM9 OWUERRf [OINLURAXLfI.E.5.000 I.E.YNNf 1055 IJftlr<• I_nDti-ntg [Jr) ?II Wr-ONWAJ LOSRCML GENERAL UADILITY COARNERCW GENERAL LIABILITY ��✓.e .�w OYMfR'S S CONITACtURS eNfMA AXINGAR E NDO !I-QU /NB AONlrAR s wAVMAIL/A4111NYB MMIN s ��Ilfl Ep1CmMXLB f q(Ir'I TO DAMAN MNr Be TWO s �.rl RMliEtilVE RETRO DATE POR CUIMS MADE: INRN DARK wN Oa RNOB s AUt"GIN E LWEITY NONVONED HIREDA GAUGE WMGf Al V ES SNENIUD vERD.ES NL s iRlb1® s s vA s s W i WED PNYSN DAMAGE AlL VEHIQLES Lj SOIEOUEO VENOEB AT sMNO MRNNI f COL ZOII No. OREA Ic NO RmAiTi�n wwaan. rAo AW W' UOEU UABNTY UWREW EORR OTHER iNW UMBRELLA TERM METRO GATE Fdl CWMB IMDF.: PATRON WORKER'S ^ MPENSATION ND E u,H=cHm E I II%oAt P%y MR i N uigaaI NIWIII EMPLOYERS' LIABILITY SPECIAL CONUTIONWRESTRICTION WTHER COVE DES NAME &ADDRESS MDRTDAOEE ADDITIONAL INSU11E0 LOSE PAK! LMN. AUfNCV WPKKWA177;? License No. 89-5 CITY of ORONO Spc-r1AL EVENT 9/10/89 - 9/23/89 Date Issued = y 1� igag Date of Event Name of Person(s) and/or organization Handling this Event Van Eeckhout Building corporation Location of Event Type of Event city Seal 2690 Rainey Road Parade Home Approved by L / City official COUNCIL MEETING n 09/03/89 PR26 CS PRREGOR EMP 4 NAME III♦ABRAHAMSON, ANDERSON. BR RATHBUN, BARRY J SASS, JOHN J SCHAUSS. CHARLES R SCHEFFLER. LAURIE K SKREEN, DALE S STEFFENHAGEN. RONAL STEVENS. BETTY G THOMTON. MARK R TOMCHECK, LAWRENCE TOMCZYK, MARK W WALSH. KEVIN L WALTERS, LINDA G YEAGER, DONALD C 5 OPT DERIC 93 L 31 RK E 12 31 12 93 F 42 B 31 ALLY 31 L 31 A 35 ING H 31 S J 93 R31 T 31 M 31 L P 33 N R 42 D 42 M 12 C 42 1 31 3 33 Y P 31 31 TTE A 15 JAMES L L 82 33 92 92 42 31 12 42 D 93 93 31 F 31 31 35 15 93 C2 o SEP 81989 CITY OF ORONO YTD CURRENT GROSS GROSS 90.00 40.50 28599.99 1641.25 39437.14 2115.60 15973.66 886.40 9578. DO 594.50 1856.25 117.00 24725.25 1308.00 26397.20 1468.00 3279.39 192.96 28240.35 1749.86 321.30 71.40 29167.76 1803.18 054.50 60.50 25120.50 1364.16 24785.81 1315.44 20894.64 1730.78 22728.47 1287.20 30451.87 1693.37 21661.62 1104.32 19939.62 1109.80 17486.63 991.87 9395.00 475.61 22728.37 L287.20 20392.09 1364.18 33060.48 2124.08 15951.95 886.40 31196.91 1798.96 7246.49 626.74 27063.77 1504.95 1901.76 175.75 25914.73 1337.28 31215.71 1543.21 15680.03 570.62 1040.00 137.50 0847.33 1006.85 L8942.61 1053.36 ?1052.71 1058.69 L8178.59 1066.45 L9335.83 1110.51 ?1733.81 1302.45 L3771.13 702 78 L8844.11 973.60 L9967.00 1110.32 2824.53 204.75 !3718.18 1347.92 15947.97 1315.44 15218.08 1415.33 5012. 41 265.78 8477.14 673.75 797. 50 243.30 51,478.23 aummuffamusums 1982 CITY OF ORONO CHECK NO DATE M-IB14- 09/07/89 asytoa 254006 02/07/89 254008 09/07/80 254008 09%02%99 25400E 09/07/09 25400E 09/07/99 254010 09/07/89 254012 09/01/09 254014 09/07/80 284020 09/07/B9 254030 09/07/89 254030 09/07/89 254030 a0/07/89 254030 09/07/89 254030 09/07/19 254031 09/01/99 25403L 09/07/99 254ILE 09/07/99 254031 09/07/89 2540T4 09/07/39 CHECK RSL--.TER 09-I1-89 PAGE 1 AMOUNT VENDOR ITEM DESSCCRII-PTION ACCOUNT NO INV 9 P 0. 8 MESSAGE 5 *INp 't�NQT 01-4232-129-31 8 00- MN. ceccuf-9R An4 rtA •••-CKS I.SB ACRO-MINNESOTA INC OFFICE SUPPLIES 01-4210-039-12 4.26 ACRO-MINNESOTA INC OFFICE SUPPLIES 01-4210-059-14 A.26 AC90-MNNESOTA INC OFFICE SUPPLIES 01-1210-069-15 4 26 ACRO-MINNESOTA INC OFFICE SUPPLIES 01-4210-129-31 4 26 ACRO-MINNESOTA INC OFFICE SUPPLIES 01 1210-V4-33 4 26 ACRO-MINNESOTA INC OFFICE SUPPLIES OId210-249-42 22.88 •••-CKS 63.814 03 ALLIED BLACKTOP CO 89 SEAL CUAI AI-4233-249-42 63,014. 03 • 8,59 AT&T INFO SYSTEM TELEPHONE 22-4320-549-91 8 59 • •'•-CKS 46.739.19 A.BRECHT EXC IATINO LIFT 10/43 26-4531-433-00 46.739 19 - •••-CKS 1.049. 85 ALL STAR ELECTRIC TRAFFIC LGHT REPAIR 01-4342-24P 42 1,04E 85 - •••-CKS 115.Do AMERICAN NAIL BANK AGENT FEE 44-4630-907-00 II5.00 - •••-C65 19.43 AT & T INFO SYSTEM DATA PROCESS 01-4340-039-12 19.43 At & T INFO SYSTEM DATA PROCESS 01-4340-059-14 19.43 AT & I INFO SYSTEM DATA PROCESS 01-4340-069-15 32_50 AT & T INFO SYSTEM DATA PROCESS 01-4340-129-31 19.43 AT & T INFO SYSTEM DATA PROCESS 01-4340-174-33 19.43 AT & T INFO SYSTEM DATA PROCESS 01-4340-249-42 129 65 • 9 88 AT & T COMM TELEPHONE 01-4320-039-12 20. 97 AT & T COMM TELEPHONE 01-4320-129-31 3 18 AT & T COMM TELEPHONE 01-4320-129-31 T 57 AT & T COMM TELEPHONE 01-4320-175-34 41 60 •••-CKS 100. 00 BONESTROO ROSENE ASH ENG RETAIN 3UNE 01-4304-200-^' 19B9 CITY OF ORONO CHECK REGISTER 09-11-89 PAGE 2 .� CHECK NO, DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 1 P 0 1 MESSAGE 254074 09/07/19 237.50 BONESTROO ROSENE ASH ENO CONSULT JUNE 01-4305-249-42 254074 09/07/19 L02.00 BONESTROO ROSEHE ASH END CONSULT MAY 01-4305-840-71 254074 0-167/89 615.50 BONESTROO ROSENE aSN EKG CONSULT JUNE 01-4305-840-7I ' 254074 1/89 �:: 61.50 BONESTROO ROSENE A_N END WOODHILL 24-4305-417-00 254074 7/89 114. 00 BOKCSTROO ROSENE ASH END HIGHW000 24-4305d18-00 254074 i1/07/B9 765.50 BOSESTROO ROSFNE ASH END TRUNK 12 24-4305-423-00 234074 09/07/t9 171.00 bOHE STR00 ROSE NE ASN ENO HAVARRE HGTS 24-4305-424-00 254074 09/07/89 102 .50 BONEST R 00 ROSE HE AS N ENO MWCC 115 73-43CS-569-92 2540]4 O9/07 /89 1,058 BB BONESTROO ROSENE ASH ENO IS 10/43 73-4531-569-92 3.328,48 ...... •• -CKS 254081 09/07/99 158.29 BLACKS PHOTOGRAPHY FILM PROCESS 01-4210-129-31 158.28 25401] 09/07/89 2.264.40 BURY d CARLSON INC FINE M7. AC/MC 01-4233-249-42 2.264.40 234090 09/07/89 150.00 BUREAU CRIMINAL APPR 2HD OTR OPERATOR 01-4355-129-31 50 00 •••••• •• -CKS 254110 09/07/89 308.00 CHAPIN PUBLISHING WELL TEST DRILL 72-4323-549-91 108 00 ...... ...-Gres 251124 09/07/B9 353 70 CCCA COLA VENDING SOFT DRINKS 74-4802-591-94 353 70 ...... ...-CKS 254103 09/07/8' 2.00 COMM-REV SALES TAX SALES TAX AUG 0I-1100-000-00 251L 33 a9/07/89 48 00 COdM-REV SALES TAX SALES TAX AUG 72-2222-000-00 254133 09/07/19 1.533 0u COMM-REV SALES TAX SALES TAX AUG 744222-000-00 1.593 cc ...... ...-CKS 254142 09/07/89 189.7E COPY CUP PR INC MAINT AGREE 01-4210-129-31 189 76 25U 51 09/07/89 105.35 CYS UNIFORMS UNIFORMS 01-4221-129-31 105 35 �.. ...... •• -CKS 254202 09/07/89 11 58 EMRICH BAKING CO ROLLS 74-4902-591-94 ^ ^ 1f 1. d' .. ... .. • •yrr 1989 CITY OF ORONO CHECK REGISTER 09-11-B9 PAGE 3 - CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 8 P.O. 8 MESSAGE 11.50 ...... ..._CKS 254212 09/07/89 10.20 EXPRESS MESSENGER MESSENGER 01-1321-039-12 258212 09/07/89 8.90 EXPRESS MESSENGER MESSENGER O1-U21-17A-33 19 10 - ...... ..._CKS 254280 09/07/89 78 83 FRITZLER J MARK TRAINING SUPPLIES 01-4281-129-31 78.63 ...... ..._CBS 258272 09/07/89 198 01 G d K SERVICES UNIFORMS 01-4221-249-42 25/272 02/07/89 77 AB G d K SERVICES UNIFORMS 01-4343-L29-31 254272 09/07/99 30.34 G d K SERVICES UNIFORMS 72-4221-549-91 254272 09/07/89 30 34 G d K SERVICES UNIFORMS 73-4221-569-92 254272 09/07/80 12.12 G d X SERVICES UNIFORMS 74-4771-59n-93 340 27 258234 09/07/99 27 58 HAPPYS POTATO CHIP CHIPS 74d802-591-94 - 27.58 - 25A3W 00/01/89 2,633.00 HENN CTY FIN DIV JULY ROOM/60ARD 01-4358-080-16 2,633.00 "•••• •••-CXS 25A308 09/07/89 18 00 HENN CTY SHERIFF OPT REPAIR SPEAKERS 01-8342-129-31 LB 00 ^ 358330 09/07/89 98.78 ICMA RETRMNT CORP ICMA 8/21-93 01-4140-039-12 94 78 ...... ...-CKS 254355 09/07/89 56 45 INTERSTATE BATTERIES BATTERY 01-4550-249-42 56 45 ^ ...... •• -CKS 254363 09/07/09 59.04 JACOBS/TOM MILEAGE 01-4381-174-33 59 04 - ,� ...... ..._CKS 254305 09/07/89 7 33 KEAVENYS DRUG SOAP OL-4232-249-62 1989 CITY OF ORONO CHECK REGISTER 09-I1-89 PAGE / CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 1 P 0 R MESSAGE 7 33 ...... ...-CKS 251797 09/07/89 22. 22 KUEHN-THOMAS MILEAGE AUG 01-43B1-069-15 254397 09/07/89 13.78 KUEHN-THOMAS MILEAGE AUG 01-4311-111-33 254397 GO/ 07/80 19. 21 NUE MN-THOIMS MILEAGE AUG 1]-1301-569-92 55.20 ...... ...-CKS 251135 09/0/89 21.06 LOOTS - SUITE 300 LABELS CENTENNIAL 01-/210-020-II 251135 09/07/85 49.17 LOGIS - SUITE 300 PRINTER STAND PINS 01-4210-174-33 251175 09/07/89 82. 16 LOGIS - SUITE 300 TERMINAL (MINT 01-4340-129-31 25/175 091W/19 73 A l LOGIS SUITE 300 PIMS TERMINAL MAINT 01-13A0.171.77 2511]5 09/07/89 71i .55 L0015 - SUITE 300 LG015 APPL SUPP JUL 01-4352-089-15 2514135 09/07/80 415.97 LOGIS - SUITE 300 LOOTS APPL SUPP JUL 01-/352-129-31 25A/35 09/07/B9 218.39 LOOTS - SUITE 300 LOOTS APPL SUPP JUL 01-4352-174-33 251135 09/07/89 1.20 LOGIS - SUITE 300 COURIER DATA PROC 01-4353-069-15 251135 00/07/89 1.20 LOGIS - SUITE 300 COURIER DATA PROC OL-4353-174-33 251135 09/07/89 353 91 LOGIS - SUITE 300 DATA PROC JUL 01-4355-069-15 251135 09/07/80 63L 59 LOGIS - SUITE 300 DATA PROC JUL 01-/355-129-31 254/35 09/07/09 316 52 LIMITS - SUITE 300 DATA PROC JUL OL-43S5-174-33 251135 09/07/89 11/ 13 LOGIS - SUITE 300 LOGIS APPL SUPP JUL 72-4352-549-91 254435 09/07/89 21 08 LOOTS - SUITE 300 DATA PROC JUL 12-4311-549-91 .. 251135 01101111 292,63 LOG IS - SUITE 300 LOGIS APPL SUPP JUL 73-1752-SBB-92 251135 OB/07/89 12,81 LOGIS - SUITT 300 DATA PROC JUL 73-4355-569-92 3.319.18 ...... ...-CKS 2S1/37 09/07/80 15,71 CITY OF LONG LAKE AUG FLASHER 01-4325-249-42 211137 09107111 11 63 CITY OF LONG LAKE JULY FLASHER 01-4325-249-42 251137 09/07/00 66.33 CITY OF LONG LAKE AUG LIFT STAT 73-4311-569-92 �. 251137 09/07/09 51. 69 CITY OF LONG LAKE JUNE LIFT STAT 73-4311-569-92 151 36 ...... ....CKS 251139 09/07/i9 35.96 LONG LK FORD TRACTOR PART f/-/232-590-93 251139 00/07/89 35.98- LONG LK FORD TRACTOR PART 7/d 232-590-93 00 . ...... ...-CKS 251167 09/07/89 195 70 MED CTR HEALTH CARE INS SEPT 01-4151-039-12 251107 09/07/89 97 05 MED CTR HEALTH CARE INS SEPT 01-4151-060-15 251107 00/07/B1 97.1 1 MED CTR HEALTH CARE INS SEPT O1d151-129-3 -. 251/07 08/a 7/89 191 01 MED CIA HEALTH CARE INS SEPT 01-1151-171-?3 251167 00/07/89 288.96 MED CTR HEALTH CARE INS SEPT 01-4151-249.42 871.21 ^ ...... ...-CKS 254470 09/07/09 12.00 METRO AREA MGMT ASSN DRUG LUNCH 01-1356-0+a-12 n 1989 CITY OP MONO CHECK REGISTER 09-IL-89 PAGE 5 -• CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV. I P 0. 8 MESSAGE 254470 00/07/89 24.00 METRO AREA MGMT ASSN DRUG LUNCH 01-4356-129-31 36.00 -. •u••' •••_CNS 2544]I 00/07/60 1,707. 7S METRO WASTE CONTROL AM SAC 01-2228-000-00 I,707.15 -•. ••...• ..•-CNS 254485 09/07/80 13.50 MPLS OXYGEN CO DEMURRAGE OI-4232-129-31 _ 254485 00/07/80 27.00 MPLS OXYGEN CO DEMURRAGE 01-4232-129-31 40.50 2S4416 09/07/89 178.10 MPLS STAR A TRIBUNE WANT AD 01-4323-059-14 178,10 ...... ...-CKS 254498 09/07/39 226.20 MN CELLULAR TILE MOBILE PHONES 01-4320-129-31 228,20 234334 09/07/89 211,10 MOTOROLA INC INSTALL ANTENNA 01-4342-249-42 211.10 . ..•••• •••_CNS _ 2515]9 09/07/89 1.10.00 MOORE SIGN A LETTER TRUCK LOGO 01-4342-249-42 110.00 254540 09/07/89 142.10 WM MUELLER A SONS PILL SAND 01-4233-249-42 142,10 - 254562 09/07/89 385 01 NSP UTILITIES 01-4324-099-17 254562 09/07/80 28L 71 NSP UTITIITTES 0I-4324.129-31 254562 09/07/89 2 75 NSP UTILITIES 01-4324-175-34 254562 09/07/80 147 31 NSP UTITLITIES 01-4324-249-42 254562 09/07/89 90.44 NSP UTILITIES 01-4324-249-42 254562 09/07/80 13.34 NSP UTITLITIES 01-4324-290-01 254562 09/07/89 B 88 NSP UTILITIES 01-4324-290-51 254552 09/07/89 1.862 84 NSP UTILITIES 72-4324-549-91 254542 09/07/89 IS 14 NSP UTILITIES 73-4324-569-92 254562 09/07/00 127 73 NSP UTILITIES 73-4324-588-92 _ 234563 09/07/89 582 36 NSP UTILITIES 73-4324-SB9-92 254562 O9/07111 11,34 NSP UTITLITIES 73-4J24-589-92 254562 OR/07/19 l]2.77 NSP UTILITIES 74-4]24-590_92 3.837 24 KS 254597 09/07/89 3.007 26 PUBLIC EMPL NET ASSN PENA 8/21-9/3 01-2031-000-00 1289 CITY OF ORONO CHECK REGISTER 09-11-89 PAGE 5 CHECK NO, DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV I P 0 8 MESSAGE 3.907 26 _ 25/599 00/07/89 8.00 PERA INS LIFE INS 01-4152-129-31 900 •ou• •^-CKS - 251028 09/07/89 1.103 60 POPHAM HAIK d ASSOC LEUAL RETAIN JULY 01-4301.080-16 251128 09/07/80 10.230. 12 POPHAM HAIK d ASSOC LEGAL PRESU JULY OI-4302-080-16 25/628 09/07/89 554 10 POPHAM HAIK d ASSOC LEGAL CONSULT JUL OI-4303-080-16 254028 00/07/89 l6 20 POPHAM HAIK d ASSOC CRYSTAL BAY SEWER 01-4303-000-16 - 25462t 09/01/89 3.526 93 POPHAM HAIK d ASSOC LEGAL CDNSUTL Jul 01-0303-800-71 251628 09/07/0B 18 30 POPHAM HAIK d ASSOC LEGAL CONSULT JUL 21-4303-471 00 35162t G9/D)/tB 205 AO POPHAM HAIK d ASSOC LEGAL CONSULT JUL 24-4399-610-00 15,T 11 89 _ ...... .. .Crcs 15/862 01/01119 92 00 REED CANDY d TOBACCO CIG d CANDY 74-1802-591-9/ 251802 Op/07 /88 81.20 BEE CANDY d TOBACCO CIG d CANDY 70-0802-591-94 L73 20 25/88/ 09/07/89 98 91 RETAIL DATA SYSTEMS CASH REG MA TNT 01-4300-039-12 —_ 2S/08/ a9/07/B9 98 91 RETAIL DATA SYSTEMS CASH REG MAINT 01-0340-069-15 254180 OB/W/89 BB 91 EiAR DATA SYSTEMS CASH REG MINT 0I-I3/0-1I0-]] 2S188/ 09/07/89 69.20 RETAIL DATA SYSTEMS CASH REG MAINT 72-4310-549.91 251804 a9/07/09 128.58 RETAIL DATA SYSTEMS CASH REG !MINT 73-0300-569-92 _ IBA 55 - ZS4665 09/07/62 AO 10 RICKS SUPERVALU MISC SUPPLIES 70-4242-590-93 /0 70 • ,. ...... •• .CKS 25/075 09/07/89 1,892 00 ROLLINS OIL CO GASOLINE 01-1260-000-00 I.992.00 • -, ...... ...-Crcs 254700 254740 O9/07/80 09/07/89 1.475 152 50 00 STRETCHERS TELEX MICROPHONE 10-4560-631-00 STRETCHERS TELEX RECEIVER I4-4560-631-00 —. 254740 09/07/89 025 00 STRETCHERS TELEX TRANSMITTER 10-4560-631-00 2.552 50 ^ 25115L 09,01/1, 007 10 SUNDIAL SLOG SERVICE AUG JANITOR Ol-I]a9-099-17 I51I51 09/07/IB 60 SUNDIAL 9LDG SERVICE AUG JAN ILOR 01-0309-1-9-]l 772 1T2 ]0 .. 254752 09/07/19 565 CI SUBURBAN TIRE INC 12 TIRES 01-4550-129-31 568 <1 ...... ...-Crcs ` 198B CITY OF ORONO CHECK REGISTER 09-1L-89 PAGE 7 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV. 0 P.O. R MESSAGE 254720 09/07/tB 56.17 TONYS PIZZA SERV SANDWICHES 74-4802-591-94 56 11 ...... ...-CKS 254t15 09/07/89 59 39 US WEST COMMUN TELEPHONE 01-4320-039-12 15411S 01107110 59 39 US WEST COMMUN TELEPHONE 01-4320-059-14 254015 08/O7/89 29 89 US WEST DGMMUII TELEPHONE 01-4320-069-15 254BIS 09/07/09 126 28 US WEST COMMUN TELEPHONE 01-4320-129-31 25481S 09/07/89 59 02 US WEST COMMUN TELEPHONE OL-4320-129-31 254815 09/0)/89 59.39 US WEST C@ UN TELEPHONE 01-4320-174-31 25At 15 09/01/t9 60 20 US WEST COMMUN TELEPHONE 01-4320-175-34 254015 09/07/69 59 39 US WEST COMMUN TELEPHONE 01-4320-249-42 254t15 09/07/B9 51 03 US WEST COMMON TELEPHONE 72-4320-549-91 2S4615 00/07/89 8 90 US WEST COMMUN TELEPHONE 72-4320-S49-91 254815 09/07/89 20 79 US WEST COMMUN TELEPHONE 73-4320-S69-92 254815 09/07/89 107 13 US WEST COMMUN TELEPHONE 74-4320-590-93 2548LS 09/07/89 ID8 90 US WEST COMMUN ADVER 74-4323-SOO-93 810 30 . 254817 09/07/89 108 89 VESSCO INC REPAIR KIT 72-4232-549-91 254817 09/07/99 34 93 VESSCO INC ELBOW & COUPLING 72-4232-549-91 143 02 . ...... ... -c6s 254Bd1 09/07/69 I.00S 24 WATER PRODUCTS CO PIPES/ROOS 72-1213-000-00 254941 09/07/B9 86 68 WATER PRODUCTS CO PIPES/RODS 72-4345-549-91 1,091 92 • ...... ...-CKS 251854 09/07/19 255 00 WM1 SERVICES OF MN ppOR TALET 01-4331-290-61 254054 09/0)/.9 42 50 WMI SERVICES OF MN ORTALET 74-4331-590-93 297 50 - ...... ...-CKS 254875 09/07/89 8 25 WRIGHT HENN ELECTRIC UTILITIES 01-4324-249-42 8 25 . ...... ...-CKS 254901 09/07/89 6.334 99 ATW LANDSCATE RETAINING WALL OL-4233-249-42 6.334 99 • 254902 09/07/89 310 OB SHAMROCK INDUSTRIES BLUE TOTES 01-4232-295-65 310 06 . _ 2S4903 09/07/89 5 00- MN CELLULAR TELEPHON ANTENNA PART 01-4232-129-31 254903 09/07/89 5 00 MN CELLULAR TELEPHON ANTENNA PART 01-4232-129-31 00 1969 CITY OF ORONO CHECK REGISTER 09-11-99 PAGE 5 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. B P.0 R MESSAGE 254904 D9/D7/89 150.00 DAVID E KNEFELKAMP POLYGRAPH 01-4306-129J1 ISO 00 254905 09/07/89 3, 275.02 TIMBER PRODUCTS MAIL RETAIN MALL OL-4233-249-42 3.275 02 254906 09/07/89 30.00 RATHBUN BARRY SEWER LIC 73-8383-569-92 30.00 254907 09/07/89 18.32 KUYPER SCOTT MILEAO.E 01-4381-129-31 16 32 254908 09/07/09 290.65 PUBLICORP INC OTHER CONSULT OI-4306-039-12 2B0.55 254909 09/07/89 BN 50 LMC FIN OPT A BELAIR EXPENSE REIM OCT 88 01-2025-000-00 44.60 ...... '••-CKS 3M9M� 09/07/09 35.BB Ai&*—rmra- VMm B1 74-4232-520-93 dsy 43y 35.96 • eo&Llwr FDgO AJ3FIT •••... •' -CKS 1I3,513.03 FUND OI TOTAL GENERAL FUND 2, 552.50 FUND ld TOTAL IMPROVE 6 EQUIP OUTLAY F TOTAL PERM IMPROVE REVOLVING F 88,178 .74 FUND 26 115.00 FUND AA TOTAL 1982 IMP BOND D/S FUND 3, SBB.X9 FUND 72 TOTAL WATER OPERATING FUND 2,160 98 FUND 73 TOTAL SEWER OPERATING FUND 2.635 35 FUND 74 TOTAL GOLF COURSE OPERATING FD 113.301. 06 TOTAL 1909 CITY OF ORONO CHECK N0. DATE KC8517 HCIS18 HCBSIB HCBSLB MC8518 MCBS IS HCBSIB HCBSIB HCBSLB HCBSIB HC8Sig HCB520 MCB521 MCB522 HC8523 HC8523 HC8523 HCB523 HCB523 HCB523 HCB523 MC$523 HCB523 09/05/39 09/06/89 00J36/89 09/09/B9 09/06/89 AMOUNT 14.00 ]32 $2 1 26 240 49 11.27 40.85 125.82 26 85 23.9B 45A192 7 375.44 70.83 II5.91 2L].77 Ill 85 2.175 86 41 S2 4152 55 30 IS.14 .60 5 25 3 00 8 50 95 61 250.00 250 00 26 95 20 95 594 70 594 70 2.421 00 2.421 00 342 79 5 98 231 50 14 93 29. 26 105 44 241 1 788) 45).22 CHECK REGISTER VENDOR ITEM DESCRIPTION IST NAIL FICA IST NAIL FICA IST NAIL FICA 1ST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA T JACOBS MILEAGE ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMB P CASH ORONO PC REIMS P CASH MN DEPT WATER PLAN REVIEW SL PARK PO CLASS AREA SEC INSTALL DOOR LOCK CITY WAYLA SALES TAR TRUCK IST NAIL FICA IST NAIL FICA IST NAIL FICA IST NAIL FICA IS' NAIL FICA IST NAIL FICA 1ST NAIL FICA 1ST NAIL FCA IST NAIL FICA GB-31-" PAGE I ACCOUIII NO INV N P 0 4 MESSAGE 01-4142-020-I1 MANUAL 01-4142-039-12 MANUAL 01-4142-040-I1 MANUAL 01-4142-059-14 MANUAL 01-4142-069-15 MANUAL 01-4142-099-17 MANUAL 01-4142-111-31 MANUAL 01-4142-115-31 MANUAL 01-4142 119-31 MANUAL 01-4142-121-31 MANUAL 01-4142-126-31 MANUAL 01-4142-174-33 MANUAL 01-4142-185-35 MANUAL 01-4142-249-42 MANUAL 01-4142-290-61 MANUAL 72-4142-549-91 MANUAL 73-4142-569-92 MANUAL 74-4142-520-93 MANUAL 01-4381-174-33 MAIIUAL 01-1262-000-00 MANUAL 01.4222-129-31 MANUAL 01-423.-.49-41 MANUAL 01-4321-039-12 MANUAL 01-4321-129 31 MANUAL 01-4341-249-42 MANUAL 01-4382-039-12 MANUAL 01-4392-114-13 MANUAL 01 4383-129-3I MANUAL 24-4306-423-00 MANUAL 01-4356-129-31 MANUAL 01.4343 129-3i MANUAL 01-4393. 249 42 MANUAL 01-1142-039 C MANUAL 01 414--059-14 MANUAL 01 4a42 069 15 MANUAL 01-414.-099.17 MANUAL 01-4142-111 31 MANUAt 01 4142-115 31 MAOUAI Oi-414.-121-11 MANUAL 0:-4142 'e , MANUAL 01-4142-174 33 MANUAL 1980 CITY OF ORONO CHECK N0. DATE MC8523 09/06/89 MC8523 O9/O6/89 MC8523 09/06/89 MC8523 09/06/89 MC B523 01/06/89 MCBR] 09/O6/89 R NC8524 09/06/89 AMOUNT 5 23 401 98 28 64 88 83 2-6 22 I I 1 98 2,123 20 206 00 286 00 6,652 73 250 DO 204 74 450 04 509 83 8,062 34 CHECK REGISTER VENDOR ITEM DESCRIPTION 15T NAIL FICA ISI NATL FICA IST NAIL FICA 1ST NAIL FICA ISI NAIL FICA IST NAIL FICA ALLSTAR ELECT INSTALL FAN FUND 01 TOTAL GENERAL FUND FUND 24 TOTAL PERM IMPROVE REVOLVING F FUND 22 TOTAL WATER OPERATING FUND FUND 23 TOTAL SEWER OPERATING FUND FUND 24 TOTAL GOLF COURSE OPERATING FD TOTAL 08-31-99 PAGE 2 ACCOUNT NO INV A P 0 4 MESS..GE 01-4142-185-35 MANUAL 01-4142-24S 42 MANUAL 01-4142-290-61 MANUAL 72.4142-549-91 MANUAL 23-4142.569-9- MANUAL 34-4142-590.93 MANUAL 74-4343-590-93 MANUAL ... CAS COUNCIL MEETING SEP 81989 CITY OF ORONO OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ATTBMI,.,,'4 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley; Plannin^ Commissioners Johnson, Bellows, Cohen, and Hanson. 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. 11428 CLIFFORD OTTEN OUTLOT A, RINGERSWOOD WILLOW DRIVE i HIGHWAY 12 PUD/VACATION/SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:35 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Cliff Otten and Rob Lafavor were present for this public hearing. Chairman Kelley questioned whether Mr. Walvatne had agreed to the arrangement proposed in this matter. Building a Zoning Administrator Mabusth responded that he did agree and a lot line rearrangement would be done. Building and Zoning Administrator Mabusth said that there would be a total vacation of drainage and utility easements that were originally platted along the existing lot lines. The drainage easements will now be re -dedicated along the newly defined lot line. The applicant is also proposing the vacation of Pine Ridge Lane with this application. This application also involves a PUD rezoning. Chairman Kelley questioned how far Dickey Lake Drive would be from the proposed future roadway? Mabusth replied that there was a 150' separation. Kelley asked Mabusth to clarify the difference between the existing right-of-way and the proposed right-of-way for Highway 12. Mab:sth replied that the City was going to ask for an additional 10' of right-of-way along Highway 12 and an additional 7' along Willow Drive. Kelley observed that the parking area would overlap into the drainage and utility easement right-of-way. Mabusth said that should pose no problem. Planning Commissioner Bellows suggested that if the Planning Commission were to approve the height variance, they approve it at 6'. Bellows noted that the applicant's plans showed the height of that portion of the building to be 10' or 12' depending upon the structural system that is used. MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 BONING PILE t1428-OTTEN CONTINUED In regard to the access off of Highwav 12, Otten requested the Planning Commission approve his proposal subject to MNDOT's approval of that same proposal. Kelley asked Otten if his proposal included a "right -in" and "right -out". Otten replied that his proposal included both but he would be willing to have only the "right in". Bellows questioned whether having neither the "right -in" nor "right -out" would have a negative impact on the business? Otten replied that he planned to locate the new business far enough east to be out of the intersection of Willow and Highway 12. He believed that the "right -in" would be safe because it would reduce the number of vehicles going through what is already a congested intersection. Kelley questioned why- the applicant's plans did not depict an access from the garden center to the future roadway. Mabusth answered that due to the m!nimal level of development, the applicant requested that be delayed until tte lot further east is developed. At this time applicant would propose to create only the interior private driveways. Bellows questioned whether adding the road at a later time would interfere with the immediate parking and circulation scheme. Mr. Otten explained that the access off of Willow would be closed. Mabusth added that the installation of the access would be covered in the developers agreement. Planning Commissioner Johnson asked Mr. Otten what he proposed to do with Lot 27 Mr. Otten said that he intended to use Lot 2 as a "tree holding area". Mr. Robbin Sentell, 736 Dickey Lake Drive, asked Mr. Otten to explain how the garden center would be separated from the residential area. Mr. Otten explained that he intended to put a berm in that area with Spruce trees planted on top. Mr. Sentell asked for the dimensions of the berm. Mr. Otten said that it would be 15' wide and 4-6' high with 4-6' plantings. Mrs. Sentell asked if there would be a need to use Dickey Lake Drive for overflow parking? Mr. Otten explained that his proposal doubled the City's requirements for parking stalls. He said however, in the event the parking lot was full, parking space would be available in the landscaping section of tle center. Mrs. Sentell questioned whether the commercial vehicles would be visible from Dickey Lake Drive? Mr. Otten responded by saying that the berm and shade tree plantings should hide those vehicles. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of appli,-ation 01428 as MINUTES OF '.PRE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING PILE 41428-OTTEN CONTINUED .Iowq: Rezoning to PUD with.n Coma.:.r.ensive Plan Amendment 2 Vacation of Pine Ridge Lane 3. A 6' height variance 4. A temporary access off of Highway 12, a "right -in" only with adequate signage. S. Construction of the berm with. plantings 6. Commercial Site Plan 7. Preliminary Subdivision 8. Utility and Drainage Easements 9. Retention Pond 10. Landscape plan Chairman Kelley asked Mr. Otten what days and hours of the day his business would be in operation. Mr. Otten replied that the business is open 7 days per week from Easter to Christmas from daylight to dark. Kelley also asked about security lighting. Mr. Utten said that he ham not determined to what degree he wou3.d need such lighting. Mabusth suggested that Mr. Otten include that information should be shown on the final lighting plan. Planning Commissioner Johnson asked the applicant when he intended to begin construction? Mr. Otten said that he would begin in the fall. Johnson suggested that the access off of Highway 12 be subject to approval by MNDOT. Kelly agreed to amend his motion to reflect that; Cohen seconded. Motion, Ayes=S, Nays=O, Motion passed. •1431 LUCIA MORISON 1540 PDX STREET PRELIMINARY SUBDIVISION CLASS II FORMALLY WITHDRAWN PUBLIC HEARING Prior to this ^2eting, the applicant had requested that application 41431 be withdrawn. 41442 THE LANDSCHOTB GROUP, INC. 3300 BAYSIDE ROAD/375 LEAP STREET PRELIMINARY SUBDIVISION CLASS II PUBLIC HEARING 8:30 P.M. TO 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Munsing was present for this matter. 3 MINUTES OP THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING PILE 81442-1ANDSCHUTE GROUP, INC. CONTINUED Assistant Planning and Zoning Administrator Saffron explained that this matter had previously been before the Planning Commission. There have been no changes to that original proposal. Each of the 2 lots will have 2 acres and the drainfield sites have been dedicated. Each lot will be served by a separate driveway. Lot 2 will have a driveway off of Leaf Street, Lot 2 will have an access off of Bayside. Mr. Henry Furchner, 360 Leaf Street, expressed his concern regarding the driveway being installed off of Leaf Street due to the normally wet, marshy conditions that exist in that area. Ms. Sue Olson, 3280 Bayside Road, questioned where the house and driveway for the lot on Bayside Road would be located. Gaffron said that the driveway had to go to the west of the defined drainfield site. He said that the applicant was proposing to locate the driveway next to the Olson's driveway. Ms. Olson indicated that she would prefer to have the driveway more centrally located. Saffron showed Ms. Olson where the house was proposed to be located. Ms. Jane Behrman, 340 Leaf Street, asked where the existing house on Leaf Street was located? Saffron indicated that there were several houses on Leaf Street. Ms. Behrman asked whether the proposed lots would be sewered? Gaffron said that the proposal was for septic systems for both lots. Mr. Olson questioned what type of houses the applicant intended to build? He said that he preferred not to have enormous homes built. Mr. Munsing replied that custom homes ranging in price between $300,000 to $400,000 would be built. Gaffron noted that there would be need for a culvert and a drainage easement would be taken. There were no furti,er comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Bellows indicated that she had not been in favor of this subdivision when previously presented and that opinion had not changed. Planning Commissioner Hanson said that this was not his "favorite" subdivision, but he did not see any reason why it should be denied. Bellows noted that the City prefers not to create flag lots at all and this application would create two. Bellows questioned the buildability of the land and whether it would support two houses. It was moved by Planning Commissioner Johnson, seconded by Planning Commissioner Hanson, to recommend approval of this application for a preliminary subdivision. Motion, Ayes=2, Cohen, Kelley, Bellows, Nay, Motion failed. MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 11444 MARION i CY DUCHARME 3405 HIGH LANE PRELIMINARY SUBDIVISION CLASS II PUBLIC HEARING 8:45 P.M. (CONTINUED) The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Ducharme was present for this matter. Building and Zoring Administrator Mabusth explained that the applicant was proposing a two lot subdivision. The western lot would have 5+ acres, the eastern lot would be 2 acres in size. Access is via High Lane which is an existing private driveway. As part of the subdivision, outlots would be defined 50' along the north and 25' along the west side of the property to connect to Christine Drive. Mabusth asked Mrs. Ducharme if she could provide the septic information required? Mrs. Ducharme said that Mr. Cook had not contacted her so she did not have the information. There were no comments from the public regarding this matter and the public hearing was continued. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to table this application until such time that the septic information can be submitted. Motion, Ayes=5, Nays-0, Motion passed. 11448 EEVIN RAWXINSON 1125 WILLOW DRIVE NORTH PRELIMINARY SUBDIVISION CLASS II PUBLIC HEARING 9:00 P.M. TO 9:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Hawkinson were present for this public hearing. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the applicants were proposing a two lot subdivision. This 5-acre lot intended for subdivision was part of a 4-lot subdivision approved in 1978. The Hawkinson's wish to create a 3 acre and 2 acre lot. There is an existing pond in the proposed Lot 1 which has a Conservation and Flowage Easement granted over it. Drainfield testing has occurred in the northwest corner, the highest ground on the property, and it was determined that mound systems would be suitable. There is a drainageway that runs across to ponds to the west where there are existing houses. Gaffron said that the surveyor took elevation pictures which indicated that drainage flowed from the east to the west. Gaffron said that it would be likaly that the City Engineer will require a 20' wide drainage easement to assure that drainage will continue to flow into the western pond. Gaffron also explained the proposed access for Lot 1 and the potential conflict of the County right-of-way and existing drainfield sytem for Lot 2. He said that due to a need for turn lanes on Willow MINUTES OF THE PLANNING COMMISSION MEETING AUr7ST 21, 1989 ZONING PILE 41448-RAWRINSON CONTINUED (should that section of Willow become County Road 116) the County would probably ask for additional footage. Gaffron said that there are existing accessory buildings on Lot 2 which total 2,900 s.f. Gaffron noted the options available for addressing the accessory structures. Chairman Kelley said that there w:.._. ld be no need for variance approval if the applicant would agree to remove enough of the accessory structures to meet the City Code. Mr. Hawkinson said that he would see no problem with that. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of the preliminary subdivision, pursuant to staff recommendations and the removal of sufficient accessory structure, not to exceed the 2,400 s.f. allowable. Planning Commissioner Hanson said that he had contemplated purchasing this property at one time, but he back away from it because he did not think that the soils were conducive to building. Gaffron said that there was no question that the soils were Glencoe and that this was a "builder beware" type of lot because expenses will need to be incurred for soil correction. Motion, Ayes=4, Hanson, Nay, Motion passed. MORSE HOMES 4127 ORE STREET VARIANCES PUBLIC HEARING 7:45 P.M. TO 8:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. David Morse was present for this matter. Building and Zoning Administrator Mabusth explained that a 4' wide track with a tram would be used to access the lakeshore of this proposed house. She said that the LMCD and DNR recommended the use of trams for lakeshore access. Chairman Kelley asked Mr. Morse if he had any objections to staffs hardcover calculations since they varied from his own. Mr. Morse said that he would be willing to use the staff's calculations as long it would be offset with the excess he had in the 75-250' setback area. Mabusth said that the applicant would require an average Lakeshore setback variance in order to construct the gazebo and deck. The gazebo would be placed at the 962' elevation and the structure would be 16' high. Mabusth said that the location and height of the gazebo would not present any view or sighting problems for the adjacent residents. Mr. Charles Hommeyer, 4125 Oak Street, said that he objected MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE 11430-MORSE HOMES CONTINUED to the height of the gazebo because the roof would interfere with his lake view. Planning Commissioner Cohen asked for clarification. He asked Mr. Hommeyer if he were sitting in house, looking toward the lake, if the gazebo roof would obstruct his view. Mr. Hommeyer replied that his view would be obstructed. Planning Commissioner Bellows questioned how that would be possible? Planning Commissioner Hanson said that he had looked at the site with the sight issue in mind and in his opinion, the Hommeyers would see the roof of the gazebo, but it would not interfere with their lake view. with the use of a sketch, Mabusth showed that the Hommeyers would be looking away from the lake if they were viewing Mr. Morse's gazebo. Ms. Byrne Peter, a neighbor to the north, also expressed concern about the gazebo obstructing her view of the lake. She said that 16' was an excessive height for the gazebo. Ms. Peter, using a straight edge and a sketch, showed that the gazebo in fact would not interfere with her view of the lake. Mrs. Hommeyer said that she was not sure that a future buyer of this home would .like the improvements being made at the lakeshore. She said she would be more in favor of these improvements if Mr. Morse intended to live in the home he was building. There were no further comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Bellows opined that the proposed gazebo could be precedent setting. She said that Mr. Morse's gazebo had more structure than she would associate w_th a typical gazebo. Bellows observed that the proposed gazebo resembeled a small cabin or bunkhouse. She noted that she was not opposed to a gazebo being located where Mr. Morse was proposing, but she did object to the structure itself. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of the construction within 75' of the lake and the hardcover necessary for construction of the tram, as well as grade level decking. Kelley said that he would not approve the gazebo design presented. Planning Cr,nmissioner Johnson questioned whether the design of the gazehc was an issue for the Planning Commission to determine. He said that the proposed design resembled a gazebo. Motion, Ayes-3, Hanson, Johnson, Nay, Motion passed. 01432 JULIA WHITNEY 4470 FOREST LAKE LANDING VARIANCE PUBLIC HEARING 8:05 P.M. TO 8:10 P.M. The Affidavit of Publication and Certificate of Mailing were MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING PILE 41432-WHITNEY CONTINUED duly noted. Ms. Julia Whitney was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the applicant was in need of a hardcover variance and an average lakeshore setback variance to construct an addition to an existing house. A resident on Wildhurst Trail expressed concern regarding an ongoing drainage problem. She did not expect that the applicant's proposal would have any negative impact on the drainage, but she was requesting help from the City to solve this problem. Councilmember Goetten indicated that she would talk with the City staff regarding this problem. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approval of the average lakeshore setback variance and hardcover variance to allow 31.7%. Motion, Ayes=5, Nays=O, Motion passed. 01433 LOREN BOTTERPIELD 3925 WATERTOWN ROAD CONDITIONAL USE PERMIT/VARIAMCE PUBLIC HEARING 8:10 P.M. TO 8:12 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Butterfield was present for this public hearing. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Johnson, to recommend approval of the conditional use permit for removal of peat from the southern wetland prior to the City granting final approval of the plat. Motion, Ayes-5, Nays-0, Motion passed. #1434 GARY BARR 3034 CASCO POINT ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 8:12 P.M. TO 8.14 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Barr was present for this matter. Assistant Planning and Zoning Administrator Gaffron provided a brief history regarding the structure with the guesthouse above it. Gaffron said that this was an after -the -fact request, but 8 MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING PILE #1434-BARR CONTINUED that the guesthouse was existing when Mr. Barr purchased the property. There were no comments from the public regarding this matter and the public hearing was closed. Gaff ron asked Mr. Barr if it would be possible to obtain any adjacent land? Mr. Barr replied that he had been trying to work something out with an adjacent property owner, but at this time, the owner weld be unable to provide a good deed for the property. Chairman Ke .ley asked Mr. Barr what his hardship for the variance is?. Mr. Barr said that he assumed that the guesthouse was part of the property when he purchased it. He said that it was nice to have the guesthouse for visitors. Planning Commissioner Cohen asked Mr. Barr if he had in fact had people living in the guesthouse, and if so, how much they paid for rent? Mr. Barr replied that he did have people living in the guesthouse and that he exchanged services (auto mechanics for living space). Planning Commissioner Johnson asked Mr. Barr if he was agreeable to the condition that the guesthouse not be used as a rental unit. Mr. Barr responded affirmatively. Planning Commissioner Bellows compared this use with a caretaker home. Planning Commissioner Hanson said that since this was a *City approved", pre-existing condition, that the Planning Commission was almost bound to approve continued use of the guesthouse. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Bellows, to recommend approval of the conditional use permit for Mr. Barr, allowing the guesthouse use to continue, subject to sta`.f's conditions. Motion, Ayes=3, Kelley, Cohen, Nays, due to a lack of hardship and the size of the lot. Motion passed. #1435 JOHN i GAIL MANS 2580 DUNMOODY AVENUE VARIANCE PUBLIC HEARING 8:20 P.M. TO 9:25 P.N. The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Nafus was in attendance for this matter. Building and Zoning Administrator Mabusth explained that the applicant was requesting a 1' sideyard setback to construct a storage addition to the rear of the house. 9 MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE :�1435—HAFUS CONTINUED Planning Commissioner Bellows asked why, if the storage area was not to be used for automobiles, did it need to be 23' deep? Mrs. Nafus said that she did not want to mislead the Planning Commission and that there would be automobiles stored in the garage, in addition to a boat, bikes, etc. Planning Commissioner Johnson asked the _oo'icant how she intended to access the storage area? Mrs. Nafus explained that the cars are only used three times a year and there would be n, need to have an access from the street. They would just drive across their lawn. Chairman Kelley said that a future buyer would most likely request an access to the rear storage area, even though the applicant was not at this time. Planning Commissioner Bellows noted that there was a discrepancy in that the site plan shows the garage at 23' and the plan indicates 24'. Mrs. Nafus said that she would prefer to have the garage 241. Mabusth said that there would be a need for a 2' variance rather than 1' as previously stated. There were no comments from the public regarding this matter and the public hearing was closed. it was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approval of the 2' sideyard setback variance, and to put any future owner of the property on notice that a permit will be required for the additional curb cut. Motion, Ayes=5, Nays=0, Motion passed. 41436 ROBERT MITCBELL, JR. 1101 FERNDALE ROAD NEST VARIANCES .. PUBLIC HEARING 8:27 P.M. (CONTINUED) The Affidavit of Publ .cation and Certificate of Mailing were duly noted. The applicant was present for this public hearing and requested that this application be tabled. . Building and Zoning Administrator Mabusth informed the Planning Commission that this application involves a request to construct a second story over the first story of the existing residence. The applicant will require approval of setback variances to the lakeshore on both sides, side setback variances and reapproval of hardcover, even though hardcover will be reduced. There were no comments from the public regarding this matter and the public hearing was continued. It was moved by Chairman Kelley, seconded bj Planning Commissioner Bellows to table this application. Motion, Ayes=5, In r •tpo�f � f � �� I..;;��,,,,,,,,,.aayllrrr(,,,,..,,, I���91 ���_ I• r, x � � � , •LOBO.AKE •� — r s�eln urr • , Zkr"�' ~•c ON G'� wppnrpR .. 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I EIII+TINY /oMTe.ES —0— .P�eaaseu IaYTwAa ill MTANNIY WLL . i1 EX10". TEEbs Ta Et YIYRD O. L+14,NY im" v AlrYlr: 9 oWaua( � NOA,II BITS PLAN N0 xiurl{ WTI' I c % , KYo JCK 9 A wT I, Nola 4 M.kAT— SUMMIT /111F YEIIYION I.ouYTT ,MIYY. 1YW17 D�1A /AalOEO LT cof/IN c YAa.1Ev*.IIY.. H �' L14..r ' - EEF1 LtU! =1 L FFf LLLC Fillso FOR �I■L H Zrilo LOL, +A TIe Wow iz - IV -- - - / ;ZMtrCO"AF.TIC i ��WEY( ELLVPI'��I 1t.e�aesye2Ye,gr - - -- 2xio If"f Joly-S C' i I I � it"•i� — ��� .r..9. SAM [«. .illaw5 «« .ONE 10111 r..w T£ pR,rtl►,>,hGc v-----ter• ����III��� 14> ;s • �` v . - - 190.06---- - - -- 3 di r J i5 —T TRACT f �y. v _ q 1 P v , CO - "ODD �✓ ��'viA Dot .4i 8L1%LAwu VKNW IAATE[. IKTM LAON Gi \GCE �t7tI�LU \ H a E PaTu f 1 } LA-/Q VI - _ - g u-_ �L � _�__:._- �'�-_ _.-... -_ . :... � ..., .:--.�11.11 _'---••-' �- -Gaol - _ -----_ - - -- LI�t°- FVX-;� ram-- PAW _ r � .� _ �-W IN`�E�T�� 1 ---.._ �. ._ - --„_)-I '.... .� tom- -_.. ✓' ._ I�_: AwrI i � - -4- I N _ R cUMINAyar Foe: i T*, CANDSCHU7-E GROUP, INC. 2222 PLATwoon Ro, MmNETONlCA, MN 55343 r �*11c 0r10 ��� £R9lhfE� PRE ummARY PLAT W BAYSIDE" bL0000 PREPARED BY SCNAELI A. MADSONg INC. ENGINEF-RS • SURVEYORS RANNE2S ��� MlNNEroNKA a'I of Lot Iz, wenors syDElr lston u4e. z03, *..P n Co. ni nnnot' Etetpt that hrx .at descrl led as lot lots: Beglnnl.g At Ine snot neaft corner Lill—l: Hent! w,, elOnO ytn II- oI SAW Lot I7 A disl.nce of 310 feet; thence Wrlh Ana pa nllll .ltn Me r$' � N6mmei oilol2 1st line of 1.11 Lot I7. to the righ=-df-..y III' of the "',.a... Neetern 8: -i Reno soutnesterly along 11, •ortMriy Ilse or sego Lot 17 to till Northeast come tnerey/; Henc. South 80 Ieet to placelnnlnq. ..—Pr11fwrysephc Lareof pn °' p E uraC WWII Al I of Lot 13. wmtdr'. Suodl.Illon Na r 203. liennepl. county, Nlnnrsota, EXCEPT that e pert nescrlBed as fpllp.s: Beginning at tie krtheast corner Hereof: tame. Pelt .long iSirorrnbry'�!°/e l�Iasha7n ' �• R. sE eon r ire Furth I... cl s... Lot 1... d....... yI ]70 feet; thence South .nd parallel .tth He ar LOI 1 Last line of s— lot 13 a dist�nt..1 IIe,1 feel: tnM<e E.st and p. r.11rl rlt. ire •c rtn $ —c of ( )f 17 1`nr of Sala Lot 13 A dill—. of 310 lee!, hilt, North 124.7 feet le piste of De91n.!nn, r _l .._— — — _ 31y_�:� �.. �..- _ ___ �. All i.f Lot 18 ant till *11 171 1M yf Ly! 16 in Auditor's Sypol r+s ion eur•.r 703. ` N bile Of& 10 ��g I'I f Gne w «, nnepin coynty..InneedL.. I I Lot 4 ((1� a g7rs11ey1raLya ; � j I ~ M6 "E/6rstl F r7 j I I r . Line . •n/le, wr Gne Flat r3 Lr 7 NY =i1 Q 11� 1 I 0o ncC� II ��• • •' py1 IiaE1W NOTEs: •::`• �' 1 C 3) o - flenot.: Iron-1, Nt. O/� // i �- J i) • - Denotes iron bnurent /ound. f 3 pp - 0enoles o.-r vote. A Ares lying outside of deslg.It.d flood •lain: �� lo[ l: 97, t00 s9u.re /let or 2.f/Acres. Lp a 2: /or5/O sgu. re feet or 2./1 ecr 9) TOUI .r•1 0l property 257.364 square lee[ n or 6.8163 ace, e) Total am Dcwnep a/ donna r) • ew - Dwd" prk led. R.✓ras/ f. e w sefbsas.4 /in r.7 / r•e ✓yr e/ Lot /Ier on d.pf. 21, /e87 I .Illy artily L..t tills dureey aMe prepared ~ .1 supfer+rls laM aM th.t I N l ltenur Lana! Suneyol maser Lill leaol tw state of MIaaaa.t.y Date: 17 July 1987 Inns `-urdeyor Ma Lit. No. 171Mf 24 7uly FM 7 aR Vn u d-7 — Jf-- . HE=_...___..._ Lev=1F1 lif�t<_ �Jtl3 -.. i i IT - ..' F,.t. .:ewK. l�a� a a•' �T— :4asw.l.i� �a- q-r',L Preliminary Plat for Nerin B. Markinson of Lot 1, Black 1, WILLOW RUN Hennepin County, MlnneFota MIP'f 1 t 1 1 I I 1 1 I I I I I i 1 1 1 COUNTY HIGHWAY ND. 6 1 hereby certify [hat this survey, Dlan or r par[ vas prepared ey m! or under m"di, ect supervision Minn... ta, and Chat 1 an a duly Regl stared Land Surveyor under the tars of thete of Scale 1 Inch 50 fee[ COFFIN a yRO�BERG INC, 89 7-15-'a i1..s'�., ooa[e --103G-- Datu• Iron rker Existing Contour Mean See Level ar c.-Ro—EZ7 nn Engin, ers."L nd Surveyors d Pla ers Note yapography taken from original Lonq Lake, Nlnnesota Q�YYLp/NG ore -Plat for Ml liar Run Ts.NTAtL !'r" I yccc-ow IGesrrrVE` Fete StY77; T (e-L4 TICz 0- aor PrellNlnary Plat Iar Klrin B. NaVklnson of Lot 1, Black 1, YI LLOY RUN Hennepin County, Minna SOta �,��.a-J el•:.tyr,--�_ �1.,. �—/._ .`fig:ii:.� � y"�I \ 1 M 1 J _I.. t^- � � .-:yam-. \ • , I I 'r 4 Hyrj : 1 /� I fw �'✓7 j N 'r ? �o COUNTY HIGHWAY NO. 6 I hereby certify that [tilt surrey, elan or r Dort vas DreDared 0y a or under Ny direct supervision and that 1 u a duly Regl stared Land Su rreyor under the lays of the State of Minnesota. Scale I Inch . 50 feet C:)FF IN { RO ERG INC Bate 7-25-89 �' y o Iron ■arker ar von er LT'I�FZT53--f03{-- Ealitllp Centaur Engineers. Land95urreyorz and Planners Datul Mean Sea Level long Lake. N........ Note Topography taken fron original pre -plat, for Will Run i., I